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…

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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…

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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…

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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…

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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…

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