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by mixmastamyk
888 days ago
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Not sure I understand the context of this sub-thread? What kind of lawsuits (and need for liability insurance) should be expected for a software SaaS with a TOS that basically says "we're not liable for anything...". As every software terms state (grumble). From the sound of it, seems you two are talking about providing something moderately mission critical. |
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And therein lies the problem.
You may think that stating "we're not liable for anything" is an easy get out of jail free card.
The reality is that drafting LOL (Limitation Of Liability) clauses is an artform that evolves constantly inline with emerging case-law in your jurisdiction.
You see, there's this little problem of someone called a judge.
Judges tend not to like people who take the piss and draft one-sided contracts. Judges have many powers, one of which is ruling to disregard unlawful or unfair contract clauses. Shitty LOL clauses are like a red rag to a bull for a judge !
A good commercial lawyer will know how far you can take your LOL clauses without taking the piss.
At the end of the day, if you're selling SaaS, then "we're not liable for anything" is unlikely to cut it in the vast majority of jurisdictions in this world.
So that also answers your second question about why liability and indemnity insurance exists. For the stuff you can't LOL.