Saas Agreement Intellectual Property

In the case of SaaS applications, it is part of a service. In case of complete purchase of software, the intellectual property clause may be more complete, for example. B if the user can create a copy of the software for their own device. Irene Bodle is an IT lawyer specializing in SaaS contracts, who has more than 10 years of experience in the IT industry. If you need assistance with SaaS, ASP, Software on Demand or other IT law issues, contact me: this means that your company (or SaaS product) must obtain permission from the user to use this content (this is through the terms of use by inserting the necessary clauses) or you risk violating the intellectual property rights of your users. Always protect your own intellectual property and make sure you make a clear distinction between your own IP and the content or IP addresses that belong to your users. Below are some brief explanations of the most common IPRs relevant to a SaaS agreement. Here`s another example of Salesforce. Your subscription framework agreement defines the property rights (for example. B intellectual property rights) and licenses that are granted: 4. Response and fixation time – SLA agreements should also include clauses that respond to the SaaS provider`s ability to react and the time it will take for the provider to resolve a problem. Response time clauses can set a faster response time for more serious reported issues (for example.

B a severity 4 issue gets a faster response time than a severity 1 issue). Of course, fixing the problem should be part of the response to the reported problem. Therefore, the SaaS agreement should set an agreed deadline for the provider to resolve an issue. As with the response time clause, fixed time clauses can impose a faster processing time for more serious problems compared to less serious problems. You can see that their clause simply states that the «IP rights» remain the property of Xero. Subsequent parts of Xero`s «IP» clause process user data and not Xero`s IP, as user data is entered into the Xero platform in the form of accounting information in order for it to function. 5. Security and Data Protection – How does a SaaS provider protect customer data and respond to security breaches? These scenarios should be set out in the SaaS agreement. These clauses generally stipulate that the supplier has security measures/systems in place (and that the security measures/systems comply with current legislation). In addition, the clauses should stipulate that the customer must be informed without delay of any infringement. In some cases, customer data may be accessible to the third party. In this case, agreements must be concluded with these third parties so that the third parties have security measures/systems in accordance with the security measures/systems of the saaS provider or beyond these systems.

A SaaS provider should always retain ownership of its intellectual property rights. Your SaaS agreement should only grant a customer the right (a license) to use your intellectual property during the term of the SaaS agreement, in accordance with the terms of the SaaS agreement. Intellectual property rights should not be transferred to a customer unless explicitly agreed between the parties, i.e.: when custom-made and developed software is made available, and even then, the SaaS provider should always retain the right to continue using the intellectual property in its activities. On the other hand, the terms of use may cover IP at a higher level and may only need to address aspects of the product that the customer accesses as part of the service, for example. .