Drafting and Negotiating SaaS Agreements
“AltaClaro has increased associate confidence to own matters. Successful completion of the assignments gave them the wherewithal to proactively step into a partner’s office.”
Partner, IP/Tech Transactions at Am Law 100 firm
This course is designed to introduce students to Software as a Service (SaaS) agreements and their key provisions. Using sample language, participants will learn how to draft and negotiate key SaaS agreement terms from the perspective of both the SaaS provider and the SaaS subscriber. The course will begin by explaining when SaaS agreements are used and will identify how SaaS agreements differ in business-to-business (B2B) and business-to-consumer (B2C) contexts. It will then highlight in more detail the key provisions one can expect to find in every SaaS, offering practical drafting and negotiating tips, as well as sample language along the way. Participants will then learn about service level agreements (SLAs), which accompany most major SaaS agreements, including technical performance metrics to consider, along with the consequences of failure. Finally, the course will briefly introduce the impact of the current global privacy and data security regulatory landscape on SaaS agreements.
Real practice. Real feedback. Real growth.
Upon completion of this course, participants will be able to:
- Articulate the purpose and function of SaaS agreements and the most common scenarios in which SaaS agreements are used
- Draft key SaaS agreement provisions with the client’s business considerations in mind, whether the client is on the subscriber side or the provider side
- Identify potential data security and privacy considerations while drafting SaaS agreements
- Discuss key performance metrics in SLAs for SaaS agreements
The AltaClaro Difference
Effective Learning with ROI--Backed by Education Science
Step 1: Learn
Learn at your own pace, absorbing lessons in short, easily digested segments led by experienced practitioners.
Step 2: Do
Apply what you've learned to solve real-world client scenarios, using transaction documents derived from actual deals.
Step 3: Review
Deepen your learning in virtual review sessions with an experienced practitioner. Review model answers and ask questions.
Step 4: Build
Leverage performance insights from Benchmark360 to deliver partner-led, in-person internal workshops tailored to your firm's preferred way of practicing.
Class Content Overview
Level: Basic/Intermediate
This class is suitable for individuals who have a general interest in, or are exposed to, SaaS agreements and wish to gain a foundational understanding of drafting and negotiating these agreements. It is recommended that participants also take AltaClaro's Overview of Technology Transactions course to build a broader understanding of technology agreements before delving into the specifics of SaaS agreements.
Course Details
2 CLE Credits are available for each course.
Participants will be asked to review and propose revisions to a SaaS agreement based on a set of facts relating to a hypothetical client’s goals and concerns. Participants will be asked to focus on six specific concerns and identify and explain for each: (1) the relevant provision(s); (2) any revisions, deletions, or additions the participant would make to the identified provisions; (3) any additional information needed to fully respond; and (4) any other conforming edits or additional documents needed to ensure the client is adequately protected.
Instructors Who Practice What They Teach
Our vetted instructors are global practitioners with outstanding professional and educational qualifications and demonstrated achievement in their fields. All have 10+ years Big Law experience.
In addition to their accomplishments as practitioners, our instructors are also passionate about teaching. We carefully interview instructor candidates to assess personality, domain expertise and effectiveness in the classroom. Our instructors must maintain a 4.5 out of 5 rating from students.
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