New Jersey Technology Attorney Andrew S. Bosin LLC
Startup Attorney Representing Entrepreneurs With Delaware Incorporation, App Developer Contracts, Terms & Privacy Policies
Startup Attorney Representing Entrepreneurs With Delaware Incorporation, App Developer Contracts, Terms & Privacy Policies
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.
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.
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.
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.
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.
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.
We love our customers, so feel free to visit during normal business hours.
36 highland road, glen rock, NJ 07452, us
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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!
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.
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!
-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.
Software Lawyer drafting and negotiating SaaS contracts and software license agreements.
36 Highland Road, Glen Rock, NJ 07452
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: firstname.lastname@example.org.
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