EULA for Software Companies: What Your End-User License Agreement Must Cover
If your company sells or distributes software, whether as a desktop application, a mobile app, an on-premise enterprise product, or an embedded system, the document that governs your relationship with end users is the End User License Agreement. Unlike a SaaS Terms of Service, which governs ongoing access to a…
Terms of Service for Online Marketplace Platforms: What Sellers, Buyers, and Operators Need
Running a two-sided marketplace is legally different from running a single-vendor e-commerce store. You are not selling your own products. You are operating the platform through which sellers and buyers transact, which means you are exposed to legal risk on both sides of every deal: seller fraud, buyer disputes, product…
Terms of Service for Mobile Apps: What Every App Founder Needs Before You Hit Publish
Your app gets rejected from the App Store. Or worse, it goes live, gets traction, and then a user dispute strips you of your intellectual property because your terms never established who owns user-generated content. Both scenarios happen to founders who treated their terms of service as an afterthought. Apple…
What Every SaaS Subscription Agreement Must Include (And Why a Template Will Cost You)
Your SaaS company just signed its first enterprise customer. They are paying $2,400 a month, and the deal closed on a standard terms-of-service template you downloaded for free. Six months later, they dispute a billing cycle, claim your platform failed to meet an uptime promise that was never defined, and…
SaaS White-Label and Reseller Agreement: Legal Requirements for Channel Partnerships
Selling your SaaS product through channel partners — resellers, agencies, or white-label distributors who rebrand your platform for their own customers — can accelerate growth faster than direct sales alone. But the legal structure of a white-label or reseller relationship is fundamentally different from a standard customer relationship, and most…
Master Service Agreement for SaaS: How It Works and What to Watch in Customer MSAs
If your SaaS company sells to other businesses, you have almost certainly encountered the term “Master Service Agreement” in an enterprise sales cycle. The customer’s procurement team sends their standard MSA, your account executive asks legal to review it, and the deal stalls for weeks while both sides trade redlines…
Acceptable Use Policy for SaaS: What It Must Include and Why It Is Not Your ToS
Most SaaS founders think about their Terms of Service as the document that governs the relationship with their customers. But there is a category of prohibited behavior that needs its own dedicated document: what users are and are not allowed to do with your platform. A well-drafted Acceptable Use Policy…
Arbitration Clauses in Terms of Service: Should Your Business Use One?
A class action lawsuit can turn a minor dispute into a nine-figure liability. When even a small product defect or billing error affects thousands of users simultaneously, plaintiffs’ attorneys can aggregate individual claims into a single action that costs millions to defend, regardless of outcome. For SaaS companies, app developers,…
API Terms of Use: What Software Companies Need in Their Developer Agreement
When a company opens an API to external developers, it creates a relationship that looks nothing like a standard SaaS customer agreement. Developers are not end users buying access to a finished product. They are building applications that depend on your infrastructure, your data, and your uptime. They can generate…