You probably run into a lot of software contracts. Big companies may have thousands of software agreements for technologies that weave together in a complicated mess. When there’s a data breach somewhere in that web, how do you untangle liability? On this episode of Contract Teardown, we’ll use an example recently in the news—the SolarWinds data breach—to sample the many issues.
In this episode, John Grant—a consultant known as the “agile attorney”—walks us through an agile software development agreement. This one comes from 18F, the hiring agency for government services software in the United States.
A Master Service Agreement (MSA) is a standard contract in the subscription software industry. It lays a strong foundation for the relationship between provider and user and establishes a solid framework for other agreements. While the MSA typically ensures protections like confidentiality, clarity on each party’s responsibilities, and guidelines for dispute resolution, sometimes companies need more specific guarantees of service. This is where the Service Level Agreement comes into play.