API Terms of Use: What Every Tech Company Needs in a Developer Agreement
API Terms of Use: What Every Tech Company Needs in a Developer Agreement If your company exposes an API, you are giving third-party developers access to your platform, your data, and in many cases your users. Without a proper API terms of use agreement, that access is ungoverned. Developers can…
Clickwrap vs. Browsewrap Agreements: Which One Actually Holds Up in Court?
Clickwrap vs. Browsewrap Agreements: Which One Actually Holds Up in Court? Your website’s terms of service are only useful if a court will enforce them. When a user ignores your terms, files a lawsuit, or disputes a charge, the question your attorney will face is whether those terms were ever…
Intellectual Property Protection for Software Companies: What a Technology Lawyer Can Do for Your Business
Most software founders know their code is valuable. Fewer of them have taken the legal steps to ensure that value is actually protected. Intellectual property law for technology companies covers a broad set of rights, and the gaps between what you think is protected and what is actually enforceable can…
Clickwrap vs. Browsewrap: Which Agreement Method Courts Will Actually Enforce
You built your platform, launched your product, and added a Terms of Service to the footer. But have you thought about whether a user who claims they never agreed to those terms can successfully argue that in court? The answer depends almost entirely on whether your site uses a clickwrap…
Digital Marketing Agency Service Agreement: Must-Have Clauses for Agencies and Their Clients
Digital marketing agencies and their clients often start engagements without a properly drafted service agreement — relying instead on a proposal, a scope-of-work email, or a loosely worded retainer letter. When a campaign underperforms, a relationship sours, or one party decides to walk away, the absence of a clear contract…
AI Vendor Due Diligence: 8-Point Legal Checklist for Businesses Adopting Third-Party AI Tools
Your company adopts a third-party AI tool. The vendor provides their standard agreement, which runs to fifteen pages of terms that your team skims before clicking accept. Six months later, a client asks who owns the content your team generated using the AI. Your finance team discovers the vendor has…
E-Sign Act and Electronic Signatures: What Makes Your Digital Contracts Legally Binding
Electronic signatures have replaced wet ink in virtually every area of business contracting. A SaaS agreement executed through DocuSign, an NDA accepted via email reply, a click-through contract accepted through a checkbox on a web form: these are all valid, enforceable contracts under US law, provided they meet the requirements…
Beta Testing Agreement: What SaaS Companies Need Before Going to Market
Most SaaS companies run a beta before launch. Fewer have a beta testing agreement that actually protects them. The gap between “we gave some users early access” and “we have a signed agreement that governs that access” is the gap between a controlled test and a legal exposure. Beta testers…
Two-Sided Marketplace Terms of Service: Legal Requirements for Platforms with Buyers and Sellers
A two-sided marketplace is not a standard business website and should not be governed by standard website terms of service. When your platform connects buyers and sellers, hosts and guests, service providers and clients, or creators and consumers, you are operating in the middle of multiple independent legal relationships simultaneously….
Independent Contractor vs. Employee for Tech Companies: What Your Contracts Must Get Right
Most technology companies rely on contractors at some point, and many rely on them extensively. Frontend developers, UX designers, QA engineers, technical writers, and DevOps consultants are routinely hired as independent contractors, especially during product sprints, launch phases, and scaling periods. The legal risk in this arrangement is not the…