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Home Q&A Forum SaaS agreement and maintenance?
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Business Contracts

SaaS Agreement

North Carolina

Asked on Jun 2, 2023

SaaS agreement and maintenance?

I am a small business owner who is looking to develop a software-as-a-service (SaaS) product. I am interested in understanding the legal requirements and obligations associated with a SaaS agreement, as well as what kind of maintenance is required to keep the service running. I am looking for legal advice to ensure that my business is in compliance with all applicable laws and regulations.

1 Attorney answer

Answer

Business Contracts

North Carolina

Answered 314 days ago

Nicholas M.

ContractsCounsel verified

Business Lawyer
Licensed in Connecticut, North Carolina, Rhode Island
Free Consultation

A SaaS agreement is just like every other business contract with just a few notable exceptions. They can be "click-wrap" agreements where your users are not able to negotiate the terms of service. These agreements must be inherently reasonable and fair aligned to traditional notions of fair play. If you intend for a more enterprise service, then your agreements can be a more traditional bargain for exchange so long as they are not deceptive and misleading. The other major difference with SaaS agreements is typically their ability to be unilaterally updated when written properly and applied fairly. You should definitely work with a lawyer experienced with data security and privacy issues to write your agreement and ensure it aligns to your terms and services, privacy policy, and internal business practices.

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