Warranty Disclaimers in SaaS Agreements: What Tech Companies Must Include and Why
A customer signs your SaaS subscription agreement and begins using your platform. Six months later, they claim the software failed to perform as you described in a sales call, that your API produced incorrect results that caused them to make a bad business decision, and that your platform should have…
Governing Law and Jurisdiction Clauses in SaaS Contracts: How to Choose and Why It Matters
Your SaaS company is based in California. Your enterprise customer is headquartered in New York. A dispute arises over a data breach, a missed SLA, or an intellectual property claim. Which state’s laws govern the outcome? Which courts hear the case? If your contract is silent on these questions, a…
Force Majeure Clauses in SaaS and Tech Contracts: What They Cover and When They Apply
A pandemic shuts down data centers. A major cloud provider suffers a region-wide outage. A cyberattack takes down a third-party payment processor your platform depends on. Your SaaS agreement says you guarantee 99.9% uptime — but none of those events were remotely within your control. Force majeure clauses exist to…
Software Escrow Agreement: What SaaS Companies and Their Customers Need to Know
Your SaaS vendor has been a reliable partner for three years. Then they get acquired, run out of funding, or simply shut down. Overnight, your team loses access to software that powers critical business operations — and you have no way to recover the platform, the source code, or even…
NDA for Tech Companies: What Founders Must Know Before Sharing Confidential Information
Founders share confidential information constantly: with co-founders during formation discussions, with developers building early prototypes, with potential investors during fundraising, with enterprise customers during contract negotiations, and with vendors integrating into their tech stack. In most of those conversations, nothing is signed. And nothing being signed means nothing is protected….
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…
ADA Website Accessibility Lawsuits: What Your Compliance Strategy Needs in 2026
Federal ADA website accessibility lawsuits hit 3,117 filings in 2025, a 27% increase over the prior year. E-commerce businesses account for roughly 70% of those targets. If your online store lacks proper accessibility features, plaintiffs’ attorneys already have a playbook for suing you. Below, we break down what changed in…
Non-Compete Agreements in Technology: What Companies Need to Know in 2026
The FTC’s attempt to ban non-compete agreements nationwide collapsed in 2024 when a federal court struck down the rule as exceeding the agency’s authority. Since then, non-compete agreement technology companies 2026 enforceability has become a state-by-state puzzle that every founder, CTO, and general counsel must solve individually. Some states void…