At Peer & Hart, we are dedicated to assisting software as a service providers manage risk while expanding their customer base. Whether you’re a startup in need of a template sales agreement or an established provider seeking compliance advice, our attorneys will support your success in the rapidly-evolving SaaS landscape. Our experience representing SaaS providers spans across industries and technologies, including hybrid hardware/software platforms in retail, multi-party sustainability marketplaces, and artificial-intelligence-driven platforms in healthcare and customer service.
We negotiate SaaS agreements with enterprise customers on a near-daily basis and strike a delicate balance between efficiency and risk mitigation. We understand that over-lawyering can lead to lost sales opportunities and unnecessary legal fees, while failing understand and mitigate SaaS-specific risks can lead to unpaid subscription fees and uninsured losses.
Artificial intelligence and machine learning are in increasingly important foundation of many software as a service platforms, and we strive to be among the few small-firm attorneys that understand the intersection of law and technology in this area. We provide expert guidance to our clients regarding their current and proposed artificial intelligence offerings and how those offerings can be implemented in a manner to minimize regulatory risk. We also seek to reduce contracting friction during the sales cycle by educating the attorneys on the other side of the table as to our client's technology, applicable regulations, and current "market" terms.
Strict compliance with data privacy regulations is a daunting, and sometimes economically impracticable, endeavor for many start-ups and small businesses. By truly understanding our clients' business models, data processing needs, and applicable data-privacy regulations, we are able to propose cost-effective risk-mitigation recommendations with respect to the compliance areas that present the greatest risk.
Website privacy policies are required for almost all businesses in California, but the complexity of the policy and associated requirements vary depending on how your business collects and processes personal information. From local businesses with a small online presence, to cloud-based software providers servicing customers throughout the US and beyond, we draft, review and refresh website privacy policies to ensure that your website is not a target for regulators or privacy trolls.
Whether you are a technology provider contracting with a new customer or a small business engaging a new technology vendor, a Data Protection Addendum (DPA) and/or a Business Associate Agreement (BAA) may be required by law or by your counterparty. We regularly draft and review DPAs and BAAs for our clients to ensure that the parties have the necessary legal framework in place to process data in a compliant manner and that risk is fairly allocated between the parties.