Drafting comprehensive SaaS license agreements manually requires hours of research across multiple legal resources, careful attention to IP provisions, liability caps, and compliance requirements. Attorneys must balance client-specific terms with industry-standard clauses while ensuring all critical protections are included, making the process time-consuming and prone to inconsistencies.
Drafting Software as a Service agreements requires balancing complex technical, commercial, and legal considerations including access rights, data protection, service levels, and subscription mechanics. Traditional drafting takes 6-10 hours and requires deep expertise in technology licensing, cloud computing models, and data privacy regulations.
CaseMark generates complete, commercially balanced SaaS license agreements tailored to your deal terms. The AI analyzes your uploaded documents to incorporate specific pricing, service levels, and technical requirements, producing a comprehensive agreement covering licensing, IP rights, data protection, warranties, and all essential provisions.
This workflow is applicable across multiple practice areas and use cases
General transactional attorneys across practice areas need to draft and negotiate SaaS agreements as standard commercial contracts for clients procuring or providing cloud-based software services.
SaaS agreements are ubiquitous commercial transactions that transactional lawyers encounter regularly, requiring efficient drafting tools for subscription terms, payment structures, and standard contractual protections.
Corporate attorneys regularly negotiate and draft SaaS agreements when companies procure cloud-based software solutions or when technology companies license their software products to enterprise clients.
SaaS agreements are fundamental commercial contracts for modern businesses, requiring corporate counsel to handle subscription terms, liability provisions, and IP protections across vendor relationships and product offerings.
Privacy attorneys must ensure SaaS agreements include proper data processing terms, security obligations, and compliance provisions for GDPR, CCPA, and other data protection regulations.
SaaS agreements inherently involve data processing and storage, requiring specialized privacy counsel to draft and review data protection clauses, breach notification terms, and regulatory compliance provisions.
VC and PE attorneys need to review and draft SaaS agreements when conducting due diligence on software companies or when portfolio companies require standardized licensing frameworks for revenue generation.
Investment firms regularly evaluate SaaS revenue models and customer contracts during deal analysis, and portfolio companies need robust licensing agreements to scale their subscription-based business models.
SaaS agreements grant access rights to remotely hosted software rather than transferring copies for local installation. They create ongoing service relationships with subscription-based pricing, continuous updates, and provider-maintained infrastructure, whereas traditional licenses typically involve perpetual ownership of specific software versions. SaaS agreements must address data custody, service availability, and the interdependencies between payment, access, and support that don't exist in perpetual license models.
Critical provisions include the license grant defining scope and restrictions, subscription fees and payment terms, service level commitments with uptime guarantees, data ownership and protection obligations, intellectual property rights, warranties and disclaimers, limitation of liability, and termination rights with data retrieval procedures. The agreement must also address confidentiality, security requirements, and compliance obligations specific to the software's function and the customer's industry.
Effective SLAs define availability as a percentage (typically 99.5%-99.9%) measured over a specific period, specify how downtime is measured and what exclusions apply, and establish service credits as the exclusive remedy for failures. They should exclude scheduled maintenance, force majeure events, and customer-caused issues from availability calculations. The SLA should also address support response times based on issue severity and clarify what support includes and excludes.
The customer retains ownership of all data it uploads to or generates through the software. The provider receives only a limited license to use, host, and process customer data as necessary to deliver the services and comply with legal obligations. The agreement should specify data retrieval rights upon termination, deletion obligations after a retention period, and security measures the provider must implement to protect customer data from unauthorized access or disclosure.
CaseMark generates a comprehensive, customized SaaS license agreement in approximately 10-15 minutes after you upload your deal terms and other relevant documents. The AI analyzes your specific requirements and produces a complete agreement with all necessary provisions tailored to your transaction, compared to the 6-10 hours typically required for manual drafting by an experienced attorney.