Delaware Incorporation - SaaS Contracts - App Development Agreements

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(201) 446-9643

New Jersey Technology Attorney Andrew S. Bosin LLC

New Jersey Technology Attorney Andrew S. Bosin LLCNew Jersey Technology Attorney Andrew S. Bosin LLCNew Jersey Technology Attorney Andrew S. Bosin LLC

Startup Attorney Representing Entrepreneurs With Delaware Incorporation, App Developer Contracts, Terms & Privacy Policies


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SaaS Contract Lawyer Andrew S. Bosin  drafts app terms and conditions agreements and SaaS contracts.

Technology Lawyer New Jersey helping startups with Delaware incorporation, founders' restricted stock purchase agreements, mobile app development agreements, software contracts, website terms and conditions, privacy policies and SaaS contracts Andrew S. Bosin represents startup companies all over the US and can be reached for free consultation at 201-446-9643.

Top Technology Lawyer New Jersey  specializing in drafting software licensing agreements, technology contracts, mobile app development agreements, technology transactions, website terms & conditions and SaaS contracts.


What separates Andrew from most other software attorneys and one of the reasons why clients find him on Google is because he is also an experienced entrepreneur who has built two SaaS companies from the ground up with partners.


Because he put thousands of hours into building his startup companies as the General Counsel Andrew has earned the street credibility with his startup clients. It's no mystery why startups from across the US hire Andrew. This is because he understands from his own entrepreneurial experiences just how much work needs to go into a startup just to have a chance at being successful.


When a newly formed startup calls Andrew for legal advice and starts discussing a problem or roadblock, Andrew shows them empathy because he has been in their shoes and walked down the same path in trying to build a startup.


In building a software company the question you have to ask yourself is do you want to hire just a good lawyer, or do you want a good lawyer by your side who has actually earned his sweat equity by  grinding it out in his own startup companies.


Andrew drafts and negotiates SaaS Subscription Agreements, End User License Agreements (EULA), Reseller Agreements, Software Application Development Agreements, Master Services Agreements and Software Licensing Agreements. 


With offices in New Jersey just across the river from New York City, SaaS Agreement Lawyer Andrew S. Bosin helps clients located in Los Angeles, New York City, Silicon Valley, Phoenix, Boston, Atlanta, Long Island, Dallas, Tampa, Orlando, Denver, Washington DC, Miami, San Jose, Brooklyn, Long Island, Charlotte, Raleigh, Houston, Washington DC, Austin, Connecticut, San Diego and Chicago.  


Andrew also counsels early stage growth companies, founders and entrepreneurs on incorporating in Delaware and also drafting bylaws, founders' restricted stock agreements, investor agreements, VC Term Sheets, board resolutions and IP Invention and Assignment Agreements. 


Andrew also negotiates Promissory Notes, SAFEs, investor documents and he also helps clients structure and close capital financing rounds. 


Andrew also reviews, drafts and negotiates Amazon AWS Marketplace SaaS Reseller Contracts, Agreements and Templates helping AWS resellers all over the US.  


SaaS is a web based delivery and licensing model in which SaaS software is accessed via a subscription through the internet. The SaaS vendor through a cloud managed services provider serves, hosts and maintains the SaaS product. 


This is why you need to hire one of the top SaaS Licensing Lawyers to draft contracts and explain SaaS law to you.


This SaaS model is different from traditional on premises software in which the customer purchases software from a company and installs it themselves on their own computer. Examples of SaaS products and applications include Google, Shopify, Salesforce, Slack, HubSpot, Zoom and ServiceNow. 


 With SaaS, instead of installing software themselves, companies are choosing to use SaaS applications and services because they are convenient to use. Any business that has an internet connection can take advantage of the convenience of web-based software. if you are a customer its a good idea to have a SaaS Contracts Lawyer review or negotiate the SaaS contract.


Also, many SaaS applications are created to work with other software that is not part of the SaaS offering, a company might develop custom tools for its employees or customers and integrate those tools with the SaaS application. Or, the company might use an API from another vendor to integrate its self-created solutions with the SaaS offering.

 

WHAT ARE THE KEY TERMS IN SAAS CONTRACTS?


Each SaaS vendor usually has a standard, typical customer contract that governs the details of their services.  While customers who are individuals may have less leverage to change contract terms, businesses working with SaaS companies often review and negotiate the terms of the agreement as needed. An experienced SaaS Contracts Attorney will know what terms should be in the agreement to protect customers.


PERFORMANCE AND SERVICE AVAILABILITY


It is essential for the agreement to set forth the service vendor’s obligations regarding performance and service availability.  


Typically, there are “service level requirements” which the vendor must meet.  For customers, there are some key terms related to performance and service availability that should be negotiated, including:


· a higher percentage uptime requirement (the percentage of time over each day, month or year which the vendor guarantees the service will be up and running, often between 99.5% and 99.9%). This offered in what as known as the Service Level Agreement (SLA).

· shorter measurement period for calculating the availability percentage

· limitations on scheduled downtime for maintenance

· requirements for response and resolution time to fix a reported problem

· hours during which support is available and requirements for online and email support during non-business hours

· credits to the customer for failure to meet response time and resolution time requirements.


SaaS vendors usually prefer lower uptime percentage requirements, longer measurement periods, and exclusions from calculation of service availability for scheduled downtime or maintenance.  


WARRANTIES


A good Software Contracts Lawyer Typically, the only warranty that a SaaS vendor will offer is related to the Service Level Agreement and guaranteeing that the SaaS application will be available and up and running a certain percentage of time. 


This is known as the “uptime” requirement. A SaaS vendor should not warrant that its SaaS application will perform in a certain way or guarantee any type of results from using its product.


INDEMNIFICATION AND LIMITATIONS ON LIABILITY


The use of a SaaS product can result in significant liability for both the customer and vendor.  As a result, the SaaS agreement should deal with risk allocation.  Indemnification provisions apply in the event of a third-party claim.  


Typically, these happen when there has been a security breach or a third party’s intellectual property rights have been infringed.  Customers should demand that the vendor put indemnification language in the agreement to deal with these risks.  


Similarly, vendors should be indemnified for any third-party claims related to the data that the customer uploads to the SaaS product. 


It could very well be the case that a customer does not own or have a license to certain content or intellectual property and it gets uploaded by the Customer to the vendor’s application.

 

Vendors also include language limiting liability under the contract, such as a cap on damages and/or exclusion of indirect, direct, exemplary, liquidated, consequential, and other specified damages. 


Customers should also seek to negotiate the amount of the cap and exceptions to the limited liability amongst other things, related to the destruction, loss or misuse of its data.


DATA SECURITY AND CONFIDENTIALITY


Before signing a SaaS vendor agreement, customers should have an experienced SaaS Law Firm perform extensive due diligence on the vendor’s security measures that it has implemented and performs in the normal course of business. 


An example of a security measure a vendor might implement is multi factor authorization required by customers to sign into its application. A security measure a SaaS vendor might perform in the normal course are monthly penetration tests.


Customers should instruct how vendors are permitted to use their data and what are the related obligations to protect it. 


And, data security provisions should deal with the following issues: Data back up, Off-site data storage, Maintenance and conversion of data, Data security policies, Testing and audits of security measures, notification and procedures in the event of security breaches and consequences of a breach.


OWNERSHIP OF INTELLECTUAL PROPERTY


The SaaS vendor should explicitly state in its customer agreement that the Customer shall not attempt to reverse engineer or decompile the software code underlying its SaaS application and not to allow any third parties access to its software also.


If the vendor and customer are sharing any software, services, or materials with each other, the SaaS contract should include language protecting each party’s intellectual property rights.  


Customers should state their ownership rights in any information provided to the vendor, as well as any data received from or generated by the vendor related to the customer’s data. 


The contract should also specify how vendors are permitted to use the customer’s information, including the purpose the data should be used for, the time period, territory, and if applicable, the rights to sublicense the data.


Also, vendors should ensure that the agreement states that the customer is granting it a license  to maintain, process and store the customer’s data.




 Call Andrew for a free consultation at 201-446-9643.

Email: andrewbosin@gmail.com



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App lawyer drafting website terms and conditions agreements for startup companies.

mobile app lawyer creating website terms and conditions

Mobile App Terms and Conditions Lawyer Andrew S. Bosin located in New Jersey helps app startup companies and can be reached for a free consultation at 201-446-9643.   


Andrew represents startups in New York City, Long Island and Brooklyn NY and Connecticut.  


Email: andrewbosin@gmail.com.


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andrew has received many CLIENT Five Star Google Reviews

SaaS Lawyer drafting smart and effective SaaS Contracts and SaaS Licensing Agreements.

25 - Five Star Client Google Ratings, Reviews and Testimonials

 Eric Abrahamsen -  Andrew helped me with the Terms of Service, EULA and Privacy Policy for my Saas business. He was professional, prompt, and very responsive. I would use him again for my legal needs. 


 Dan Court -  Andrew was amazing! He helped us structure and close a new worldwide SaaS business agreement quickly and professionally. Andrew made himself readily available, put in the time necessary to discuss and explain all the options available, and guided us to the correct solution for each issue that arose. I highly recommend Andrew if you are looking for an experienced, knowledgeable attorney who understands the importance of deal-making vs. deal-breaking. 


 Stephen Lee -  I really appreciated that Andrew had a lot of information about his services available online for me to review.... More


 Michael Wagschal - Andy is fantastic. Able to answer any question you have and gives you the answers to questions you didn't even know to ask. Extremely responsive and always on point.


 Peace Bakinahe - Andrew helped us tremendously. We had a lot of questions and he took the time to explain and guide us through them all. We contracted Andrew just before our SOC certification and the SOC auditor was so impressed with what Andrew did for us. We thought our old agreement was good enough since it had been written by a lawyer but when the SOC auditor read Andrew's he recommended we switch to Andrew's ASAP I will recommend anyone in the SaaS industry to seriously talk to Andrew when it comes to your service agreement. It's worth the investment.


 Tiffany McPheeters -  I received expert , fast service with all questions answered and explanations for the things I did not understand. I highly recommend Andrew , he gets the job done!


 John Berry -  If you want comprehensive SaaS Legal Services and Advice look no further than Andrew. He is highly knowledgeable, responds quickly and is easy to work with. 


 Shane deLumeau -  I’ve worked with Andrew the last few months and it has been a complete pleasure. Andrew is always responsive and available to answer all of your questions. He’s knowledgeable in the tech space and start-ups because he has been part of various start-ups before. I highly recommend connecting with Andrew for your any tech company legal needs. 


 Hasan Sheikh -  If you want a well written SaaS enterprise agreement do yourself a favor and contact Andrew. 


 Betty Jean Bell -  If you are just starting your SaaS company and need legal advice, you should absolutely contact Andrew. Not only does Andrew own his own SaaS company (which give him the kind of skill set not found in most lawyers) but he also takes TIME with you! I'm not stressed about whether I'm going to get a surprise bill. He's not just knowledgeable about SaaS and software law, he knows what it takes to grow and scale a startup that a lawyer with no first hand startup experience simply cannot offer. This is my first software business and I have SO much to learn. He has been nothing but EXTREMELY supportive, knowledgeable, and open with experience and knowledge. I am SO grateful I found him. If you're building a SaaS company - especially if it's your first time - THIS is the guy to go with! You can call him and ask him anything you want before you start. He's very open, honest, and straight forward. So happy with my work with him. 


 Don Santangelo -  I hired Andrew to help get my startup off the ground and he is always available to speak and give me legal advice. Excited to work further with him! 


 Ryan Ward -  Andrew drafted our application's Terms & Conditions and Privacy Policy. We will absolutely be using his services for any future legal issues - Very helpful, informative, and timely. 


 Joy Harp -  I have retained Andrew for two separate business legal transactions and found him to be nothing but professional, knowledgeable, engaged, and always ready to answer any questions I have. 


 Jayendhran Govender -  If you need a website terms and conditions agreement and privacy policy drafted don't hesitate to hire Andrew. He has been professional, timely with his work and legal advice and very affordable.


 Bryan Reiss -  Very professional. Great job Andrew, Thank you again. 


 Eric Leseberg -  Easy to get a hold of, quick turn around and sound work. I would highly recommended Andre Bosin Firm !


 Thomas Lackemann -  Andrew has helped me draft legal documents for two of my businesses and I trust him every time. Andrew is the perfect combination of helpful, professional, fast, AND cost-effective when it comes to questions about my businesses. 


 Andrew Berk -  Andrew has assisted me with all of my complex business and employment agreements over the last few years and have found him to be very professional and thorough. I would recommend him highly! 

SaaS Software Contracts, Agreements, Licensing Legal Advice and Services

Andrew represents SaaS and Software startups, vendors, resellers, enterprise companies and customers in drafting, reviewing and negotiating website terms and conditions, terms of use, terms of service (TOS), MSA, Subscription, Reseller, SLA, Statement of Work, Software Development, Customer, Affiliate, Channel Partner and Enterprise Agreements.

SaaS Law Firm FAQs

-Andrew is also a serial SaaS entrepreneur who is building his second SaaS Company with partners.


-Andrew represents SaaS startups, companies and resellers across the US from offices located in New Jersey just outside of New York City.


-Andrew charges SaaS companies low cost, affordable, flat fee legal packages.


-Andrew can typically complete a legal project for a client within one week of being retained.

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SaaS Lawyer Andrew S. Bosin, Esq. drafts and negotiates smart SaaS agreements and contracts. Top startup law firm representing SaaS companies. Call Andrew for a free consultation at 201-446-9643. Or email at: andrewbosin@gmail.com.

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Transfers to our third party service providers are to enable them to use and store your personal information on our behalf.  We will endeavor to make sure that third party service providers offer your personal information the same level of protection as granted by us in this notice.  We also ensure that, that if your information is transferred to any country outside the EEA, this is done in compliance with relevant data protection legislation. You can request further details by contacting andrewbosin@gmail.com.

How Long We Keep Your Personal Information

We will keep your personal information only for as long as necessary depending on the purpose for which it was provided.

When determining how long we will keep your personal information, we will take into account various factors, including: 

  • Legal obligations under applicable law to retain data for a certain period of time;
  • Statute of limitations under applicable law(s);
  • Status of ongoing legal engagements;
  • Your withdrawal of consent (where applicable);
  • Potential disputes; and
  • Guidelines issued by relevant supervisory authorities.

How We Protect the Security of Your Personal Information

We have put in place measures to protect the security of your personal information.

These measures are intended to prevent your personal information from being accidentally lost, altered, disclosed, or used or accessed in an unauthorized way. In addition, we limit access to your personal information to only those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Unfortunately, the transmission of information via email is not secure. Therefore, if you use email for communicating with us, we cannot guarantee that it will remain confidential while in transit.

Do Not Track Disclosure

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time.

California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or at the addresses above.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in compliance with CAN SPAM we agree to the following:

  • NOT use false, or misleading subjects or email addresses
  • Identify the message as an advertisement in some reasonable way
  • Monitor third party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly
  • Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from all correspondence.

Special Rules For Children. 

Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. The statements in this Privacy Policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. Some elements of our Services such as signing up for our Services require the submission of a payment card number along with personal information in connection with a purchase; other elements of our Services require the submission of personal information to access or use the Services. Except in certain cases where limited contact information may be collected and not retained, these elements of our Services are not available to children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on our Services which is not available to children, he/she will not be able to access it and may receive a message which relays that he/she is not eligible for such feature.

Your Rights

Under certain circumstances, and subject to legal conditions, you may have the right to object to processing of your personal information, to request a copy of the personal information about you which we hold, or to request correction or erasure of such personal information. 

While you will usually not have to pay a fee to exercise these rights, in some cases, we may charge a reasonable fee if your request for access is clearly unfounded or excessive, or if you request multiple copies of the same information. Alternatively, we may refuse to comply with the request in such circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information or to exercise any of your other rights.

Please contact us at andrewbosin@gmail.com. if you wish to exercise any of these rights, if you wish to request further information about any of the above rights, or if you are unhappy with how we have handled your personal information. 

Changes to Our Privacy Notice

We keep our Privacy Notice under regular review. Any future changes will be reflected within an updated version of this "Privacy Notice" and will be available on our website. Where appropriate, we may directly notify you of changes by email.

Contacting Us

It is important that the personal information that we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

If you ever have any questions, comments, or complaints about this notice or any of its contents, please contact us at  andrewbosin@gmail.com and we will be pleased to assist you.

Copyright © 2019 SaaS Lawyer - Andrew S Bosin LLC - All Rights Reserved.


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