FTC Seeks to Adopt New “Click to Cancel” Requirements for Subscriptions
As the Digital Health Contracts Law Blog recently advised you, the FTC has just filed a complaint against a software company over its “Annual Paid Monthly” subscription contract. The FTC has separately also sought the expansion of its “Negative Option Rule” to amend the provisions to specifically apply to subscriptions by adding a “Click to […]
FTC Enforcement Action to Regulate Subscription Contracting Practices
The FTC has just signaled to all consumer-facing companies relying on a subscription model that their subscription contracting practices are under scrutiny, so digital health companies need to know and understand the FTC’s claims and concerns about some subscription contracts. In particular, the FTC has filed suit against Adobe over its Annual Paid Monthly subscription […]
The Prinz Law Office Announces Launch of New Subscription Plans
The Prinz Law Office is pleased to announce the launch of a new subscription plan, which is intended to simplify the process of working with a lawyer for companies as well as individuals. The firm’s subscription plans have been been designed to uniquely enable clients to hire and communicate with counsel without the fear or […]
When does a Digital Health Company need a Service Level Agreement?
I often find that many digital health companies are unfamiliar with the concept of a service level agreement and have no idea when they might need one. A “service level agreement” or “SLA” is a technical agreement that defines that parties’ expectations of the level of service that will be provided in a particular service […]
Is your Digital Health Software Company Signing Customers to Contracts Based on the Appropriate Contract Model?
Is your digital health software company signing customers to contracts that are based on the appropriate technology contracting model? In digital health contracts (as in software contracts generally), perhaps the single most common issue that gets confused is the difference between a software license and a software-as-a-service agreement. But the concepts are very different. In […]
How to Recognize a Poorly Written Digital Health Contract
In my experience, the first sign of a poorly drafted digital health contract is that contract completely confuses the software licensing and SaaS technology models, so that it’s extremely unclear as to what kind of product that the software provider is actually selling. If the product is a software license, the contract should contain a […]
Is Your Digital Health Agreement Silent on Implementation?
If your digital health company is like most companies these days, you likely set up a software interface and train your customers on how to use the product at the very beginning of the relationship. You probably even charge some sort of fee for these initial services that you provide. And the set-up process may […]
Key Mistakes Companies Make in Negotiating Digital Health Software Contracts
What are the key mistakes companies make when negotiating digital health software contracts? First and foremost, the most common mistake I run into negotiations is that companies often end up negotiating with the wrong contract as the starting point. For example, the parties may negotiate from a software license template when they need a SaaS […]
Drafting Problems with Fee Terms in Digital Health Contracts
When a client sends me a digital health software agreement to review or update, I always make a priority of reviewing any terms in the contract involving fees and then carefully reviewing the website and any marketing materials or fee schedules to confirm that the fee terms in the contract clearly match the fees listed […]
Arbitration vs. Litigation in Digital Health Contracts: Which Option is “Better”?
I was recently asked by a client whether arbitration or litigation was “better.” The issue had been raised by an attorney on the other side of the contract, who had not only tried to persuade my client to revise the specific clause in that case, but had also provided my client the unsolicited advice that […]
