Practice area

The product is the contract.

Legal foundations for SaaS businesses — from subscription agreements and data processing to the terms that make the model work at scale.

SaaS — Software as a Service

The product is the contract.

For a SaaS business, the contract is not separate from the product — it is part of it. The subscription agreement, the service-level commitment, the data-processing addendum, and the end-user terms together define what the customer receives, what the company is responsible for, and how the revenue model holds up under stress. We help SaaS companies build those foundations deliberately, not by accident.

We draft and negotiate the full set of agreements a SaaS business needs: master subscription agreements that define usage rights, fees, and term; service-level agreements that set credible uptime and remediation commitments; end-user license terms that govern the people who actually use the product; data processing addenda that address privacy and cross-border data transfer; and channel partner, reseller, and referral agreements that extend the product into new markets.

Beyond the contracts, we advise SaaS companies on the regulatory environment they operate in — data privacy obligations under US state laws and international frameworks like the GDPR, security incident response and breach-notification duties, consumer-protection rules that apply to subscription billing and auto-renewal, and the intellectual-property questions that arise when a product is built on open-source, third-party APIs, or customer-generated content.
We work with SaaS companies at every stage — from the founder drafting the first version of the terms, to the growth-stage company negotiating enterprise contracts with larger customers, to the mature business managing a partner program and preparing for acquisition. At each stage, the goal is the same: agreements that protect the company, serve the customer relationship, and scale with the business.
01Master subscription agreements
02Service-level agreements (SLAs)
03End-user license & terms of service
04Data processing addenda (DPAs)
05Channel partner, reseller & referral agreements
06Privacy, security & breach-response advisory
07Open-source & IP licensing strategy
08Subscription billing & auto-renewal compliance
What we handle
MSAs & SLAs core product agreements
DPAs & privacy cross-border transfer
Partners & resellers go-to-market terms
Open-source & licensing ownership & protection
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Office

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+1 212 220 7434
contact@lakinberglaw.com

New York · Global
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