We advise SaaS providers and companies that purchase cloud software on the legal structuring, review, and implementation of SaaS contracts. Our focus is on issues such as unclear availability, data sovereignty, and exit provisions. We establish clear contractual foundations, assess risks, and help translate business objectives into practical and robust provisions.
Unclear Responsibilities
In SaaS contracts, it is often unclear which party is responsible for which tasks and risks. We analyze roles, service contributions, and dependencies, and ensure that responsibilities are transparent and aligned with the actual business model.
Liability and Risk Allocation
Liability clauses often determine the financial implications of a contract only when a dispute arises. We review the scope of liability, exclusions, limits, and indemnification provisions, and compare them with the specific risks and insurance coverage.
Performance and Consideration
Vague service descriptions lead to differing expectations. We help define services, compensation, deadlines, obligations to cooperate, and quality requirements in a way that facilitates operational implementation and subsequent enforcement.
Amendment and Termination
Business models and projects evolve. That is why SaaS contracts must also address amendments, termination, transfer, and exit. We review whether amendment mechanisms and termination consequences are practical and whether critical dependencies are adequately addressed.
We advise SaaS providers and companies that purchase cloud software on the drafting, review, and negotiation of SaaS contracts. In doing so, we ensure that the service model, availability, data processing, liability, and exit provisions are clearly defined and align with the actual technical and economic use of the solution.
We define the scope of services, user and licensing models, compensation, and potential changes to the offering. In doing so, we ensure that contractual provisions align with the actual product and business model.
For SaaS services, availability, support, and response times are often key factors. We design service-level agreements so that services, measurement methods, and the consequences of deviations are clearly defined.
We clarify what data is processed as part of the SaaS solution, what roles exist under data protection law, and what rights the provider should have to use the data or information derived from it.
System failures, data loss, or security incidents can have significant financial consequences. We review and structure liability provisions, taking into account the actual technical and operational risks.
SaaS services often rely on other cloud, hosting, or infrastructure providers. We review how these dependencies are addressed in the contracts and how relevant data protection and security requirements are passed on.
We design policies for contract termination and provider changes in such a way that data access, export, migration, and deletion are clarified in a timely manner. This helps reduce unnecessary dependence on the provider.
SaaS contracts must accurately reflect the actual product and business model. When drafting contracts, we take into account subscription structures, user and licensing models, technical dependencies, and the practical deployment of cloud services.
With SaaS services, personal data is often processed through external systems and infrastructure. We coordinate contractual terms, order processing, international data flows, and technical procedures, and ensure there are no conflicting provisions across different contractual documents.
Availability, support, and response times can be critical to business operations. We ensure that service levels are defined in measurable terms and that the consequences of outages, performance deviations, or recurring issues are clearly defined.
The most important issues often don't come to light until the contract ends. That's why, right from the start of the contract, we make sure that data access, export, migration, transition support, and deletion are clearly defined, and that unnecessary dependencies on the provider are avoided.
SaaS providers often use standardized contract terms, while customers have their own data protection, security, or liability requirements. We prioritize these issues based on the actual legal and financial risk and develop practical negotiating strategies.
You will work directly with the attorneys in charge and receive clear recommendations on which contract terms are essential for the specific SaaS model, where adjustments are needed, and which risks, if any, can be accepted.
