Technology & Internet Law

You want your business to stay ahead in the digital economy, and we have the legal talent in the technology space to help you make the difference.

Gouchev Law is a highly-regarded Technology Law Firm. We embrace innovation in your business and drive new value for your organization.

Master Service Agreements for Software Developers and Statement of works, Vendor Agreements and SaaS Contracts. 

We represent clients in all technology related contracts and transactions. We are well-versed the in intellectual property components of these deals. Our clients range from fast-growing, funded start-ups to Fortune 100 companies in a wide range of industries, including consulting, SaaS, and online platforms, social media and apps.

When it come to understanding technology law, few attorneys have a particular focus in this field. Gouchev Law structures and fiercely negotiates technology deals every day.

TERMS OF SERVICE (TOS) AND PRIVACY POLICIES

Mobile apps and other software require the platforms and app providers to display Terms of Service (ToS) and Privacy Policies (PP). For apps, online platforms, and software companies, Gouchev Law can provide quick turnarounds and high-touch service.

  • Terms of Service Agreements (ToS), also known as Terms of Use Agreements
  • Privacy Policies

A Social Networking Company has a different model from a SaaS company or an ecommerce platform. Each of these models needs terms of service and privacy policies that reflect their specific products and services.

Terms of Service and Privacy Policies drafted without specific customization leave you open to liabilities. Mitigate your exposure to risk by hiring competent legal counsel.

SOFTWARE DEVELOPER | SOFTWARE DEVELOPMENT AGREEMENTS

You know you need a detailed legal analysis software development agreements, especially those software agreements with large companies or international developers.  Software developer agreements need to have

  • representations and warranties
  • ownership of the intellection property
  • acceptance of each development phase
  • remedies for delivering non-conforming work product
  • detailed Statements of Work (SOW) accompanying master service agreements

How we helped Clint

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“Gouchev Law has helped me tremendously with my startup by providing legal guidance and advising on how to protect my IP. As a new business there are so many things to worry about, and having someone you can trust with legal counsel is a big relief. Jana has helped many companies and I wouldn’t hesitate to recommend her.”

Clint Chang, Team Member, FanCamp Inc.

Software as a Service (SaaS)

Our clients count on us to draft and advise on agreements related to the development, sourcing, licensing, and distribution of software, data and other intellectual property assets. We provide implementing software and Software as a Service (SaaS) agreements, cloud computing, hosting, integration, support and maintenance, procurement, outsourcing, proof of concept, development, co-development and a wide range of distribution models including OEM, reseller, co-sellers, affiliate, referral programs and strategic alliances.

Technology Content Monetization and Licensing

Clients who are purchasing or licensing technology, data or other IP benefit from our understanding of both the client’s and service provider’s businesses. We draft and negotiate deals that meet clients’ objectives and appropriately mitigate their risks. We negotiate robust and practical commercial contracts that lay the foundation for a successful outcome.

We leverage our client’s intellectual property and advise on licensing models and agreements for data, information and content including data sourcing, contribution, subscriptions, distribution programs, affiliate and referral arrangements, strategic alliances, data and content development.

Terms and Conditions and Privacy Policies: The Nitty Gritty

The Terms of Use or Terms and Conditions that we draft help businesses minimize their exposure to adverse events with website users. We work with clients to understand their business in order to ensure their terms and conditions address permitted uses on the site, user conduct, limitation of liability, representations and warrants, indemnification, privacy, the Digital Millennium Copyright Act, intellectual property and downloading of content, among other issues.

It is critically important that the terms and conditions be clear and enforceable for both your company and affiliates. Our technology law and business lawyers can conduct a legal analysis of your online activities including web agreements, consent language, data collection practices, and data pass-through to third-party billing for e-commerce activities, as well as meet important regulations, such as:

  • Computer Fraud and Abuse Act
  • Children’s Online Privacy Protection Act (COPPA)
  • CAN-SPAM Act
  • Digital Millennium Copyright Act
  • Define rights and ownership, particularly with respect to user-generated content (UGC)
  • Restore Online Shopper’s Confidence Act

Preventing Problems Before They Arise

Our technology and internet lawyers help you protect your business from regulatory investigations, legal challenges and advertising litigation. We can:

  • Limit the liability of the website for damages or losses incurred by the company or by the customer, website user, or participant.
  • Set expectations through a disclaimer of warranties.
  • Provide for enforcement strategies should a customer or website user violate the terms and conditions. This can include defining what and how legal action may be pursued–in what state and in what form.

Data Retention & Cyber Security

We counsel clients regarding developments in cybersecurity and privacy laws, both domestically and abroad. Our experience includes advising clients on the collection and handling of personal information, including under Europe’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

Our Data Privacy Law attorneys advise clients on a broad range of Internet privacy matters, including the proper usage and storage of individuals’ private financial, medical, and personal information. We work with clients to craft campaigns, terms of use and conditions and privacy policy statements that help address compliance now, and with an eye towards the future. We also help clients in securing the use of celebrities and other individuals in advertising and marketing campaigns, including the right to use an individual’s image or likeness.

Data Retention

These days, companies need document retention policies that make sure employees not only retain all company emails, texts, communications in various apps and voice messages, but also have a plan for getting rid of all that same information in a timely manner. Companies have to establish both a retention and secure disposal schedule for each communication channel and make sure these disposals comply with applicable statutory or regulatory requirements. Balancing data minimization with requirements to preserve legally significant information is key.

Biometric Privacy Protections Laws

Biometric data is increasingly used for authentication purposes, and the number of biometric privacy class actions continues to skyrocket. To minimize their risk, businesses must be vigilantly aware of the current and soon-to-come laws and technical requirements, be very strict with compliance, and aggressive in defending against litigation. Stronger biometric privacy protection laws are being implemented across the country. This is where technology lawyers will help balance biometric law compliance, while helping to not interfere with the business’s innovation. 

The Illinois Biometric Information Privacy Act (BIPA) is the oldest biometric regulation in the United States. It regulates the collection and storage of biometric information, including retina scans, iris scans, fingerprints, palm prints, voice recognition, facial recognition, DNA recognition, and even scent recognition. Under BIPA, private entities that utilize biometric information must have a written policy, schedule, and guidelines its collection, retention, and destruction. As more and more states pass comprehensive privacy laws, companies that collect and use biometric data need to pay close attention to creating policies and procedures, implementing appropriate security measures, and being aware of the notice and consent requirements various laws impose.  

Helping You: Lead With Innovation

Trusted Counsel At Your Side

As your outside general legal counsel we’ll be right there with you, providing continuing counsel to you and your company as you face new opportunities and challenges. We will help you to create partnerships that maximize your growth while protecting your interests.

A list of agreements we handle:

  • Software Licenses
  • Software Development Agreements
  • SaaS/Cloud Agreements
  • Direct Customer Agreements
  • Vendor Agreements
  • Reseller Agreements and Distribution Agreements
  • Partner Agreements
  • Support and Maintenance Agreements, with Service Level Agreements and Escalation Procedures
  • End User License Agreements (EULA)
  • Content Agreements

  • Click Wrap ad Shrink Wrap Agreements
  • Terms of Service
  • Terms of Use
  • Professional Services Agreements and Consulting Agreements
  • E-Commerce Agreements
  • Marketing Agreements
  • Web Hosting Agreements
  • Acceptable Use and Privacy Policies
  • Open Source Licenses
  • Bridgette O. AvatarBridgette O.

    Love working with these women! Really smart, thorough, prepared and generally just pleasant to work with.

  • Geiszel G. AvatarGeiszel G.

    Jana was very supportive and patient when giving advice and providing excellent service for my company pre-seed round. The process was complicated to me but Jana made sure we had all our documents completed in a timely manner. She definitely... read more

  • Jason S. AvatarJason S.

    5 star rating The team at Gauchev Law assisted me with the setup of an LLC. Their professionalism, courtesy and knowledge was clear from the moment I reached out to them. The whole experience was seamless and they're a pleasure to work with.... read more

  • Renee Kennedy AvatarRenee Kennedy

    I found Gouchev Law while searching for a firm to help me get my LLC up and running. It was my first time using an attorney, for anything, so I was nervous about finding someone affordable AND professional. Jana took... read more

  • L T. AvatarL T.

    5 star rating If you're looking for a law firm that will help you with your growing business needs, Gouchev Law is a great choice especially for entrepreneurs. Jana and her staff are super detailed oriented and easy to work with. I highly... read more

  • Joseph M. AvatarJoseph M.

    5 star rating Jana Gouchev and the whole staff at Gouchev Law are a top notch Business law firm. They are passionate, thoughtful and steadfast. If you are a entrepreneur or a small business start up and you need a business lawyer, Gouchev... read more

  • Liz S. AvatarLiz S.

    5 star rating Jana Gouchev the managing attorney of Gouchev Law was incredibly helpful and an amazing resource when my partner and I were going through a bunch of daunting paperwork for our business, some of which we didn't quite understand. Jana patiently... read more

How Can We Help?

Talk to a Senior Attorney!

(212) 537-9209

  • Software as a Service (SaaS) Agreements
  • Terms of Use & Privacy Policies
  • Intellectual Property Licensing
  • Patents, Trademarks and Copyrights
  • Intellectual Property Protection & IP Disputes
  • Software Development and Licensing Agreements
  • Privacy Law & Cyber Security
  • Technology Agreements
  • Purchase, sale or license of proprietary technology.
  • eCommerce
  • Communications Decency Act and the Digital Millennium Copyright Act
  • Website Legal Disclaimers
  • Strategic Sourcing Agreements
  • Client Service Agreements
  • Confidentiality Agreements
  • Joint Venture Agreements
  • Online marketing and advertising law
  • Intellectual property filings to protect software, including the underlying source code

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