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…
Data Processing Agreements for SaaS Companies: What You Need in 2026
If you run a SaaS company that handles customer data, you need a Data Processing Agreement. Not eventually. Not when your next enterprise customer asks for one. Right now, before your next customer signs up and before your next renewal conversation. In 2026, DPAs are no longer just a GDPR…
B2B Vendor Agreement Checklist: Every Clause to Review Before Signing
You found the perfect SaaS platform for your operations. The demo looked great. The sales rep sent over the contract. Now your legal team is asking whether anyone actually read it before you signed. Not so fast. According to the Zylo 2026 SaaS Management Index, 79% of IT leaders encountered…
Auto-Renewal Subscription Compliance in 2026: What Your Terms Must Cover
If your business charges customers on a recurring basis, your subscription terms are under more legal pressure right now than at any point in the past decade. Federal and state regulators have made auto-renewal practices a top enforcement priority, and the legal landscape shifted significantly in 2025 and 2026. The…
Startup Legal Checklist: A Legal Checklist for Founders, Store Owners, and Creators
Launching a business, online store, or creative platform is an exciting milestone. Startup Legal Checklist: Many founders focus on product development and marketing but overlook basic legal steps. A clear Startup Legal Checklist helps prevent common legal issues before they appear. It also protects your brand, revenue, and intellectual property….
User Accounts, Payments, and Disputes: Core Terms of Service for Online Businesses
Online businesses rely on clear legal agreements to manage how users interact with their platforms. Whether it’s an e-commerce store, SaaS platform, or digital marketplace, the Terms of Service for Online Businesses define the rules that govern user accounts, payments, and dispute resolution. At TOS Lawyer, we regularly help startups…
Limitation of Liability SaaS, E-Commerce, and Creator Businesses: A Practical Guide
Running an online business comes with many opportunities, but it also carries legal risks. A single software bug, service outage, or customer dispute can quickly escalate into financial claims. This is why implementing a strong Limitation of Liability SaaS clause is critical for protecting digital businesses. At TOS Lawyer, we…