Decades in Business,
Technology and Digital Law

SaaS agreements often involve the delivery of complex and evolving services, making it challenging to clearly define and specify all aspects of the services. At GalkinLaw, we wrote the book on the subject, identifying 10 key concerns for these agreements:

• License scope: Defines the permitted uses and restrictions of the software.
• License fees: Specifies the monetary considerations, such as payment terms and any additional fees.
• License terms: Outlines the duration, renewal and termination conditions of the software license agreement.
• Service levels: Establishes performance standards and commitments, including uptime, response times and availability of the SaaS service.
• Data security and privacy: Addresses the measures taken to protect user data, ensuring compliance with privacy laws and safeguarding against unauthorized access.
• Escrow: Provisions that can ensure continuity for the licensee.
• Warranties: Assurances regarding the functionality and performance of the software.
• Indemnities: Outlines the responsibility for legal costs and damages in case of intellectual property infringement or other specified liabilities.
• Liability limitations: Defines the extent of financial responsibility each party holds in the event of breaches or errors, limiting potential damages.