GenAI SaaS

Generative AI: Must-Knows for Customers

Brad Simon, Attorney, Entrepreneur

Designed For:

Lawyers reviewing SaaS agreements for generative AI services from the business customer’s perspective.

Purpose

This screen assists business customer-side lawyers in efficiently evaluating SaaS agreements for generative AI services. It helps identify key issues, highlight critical terms, and flag areas that require further review based on the specific needs of the customer. The goal is to raise potential issues for the business customer’s lawyer to consider, rather than providing a definitive "pass" or "fail" evaluation of the agreement.

This screen highlights potential concerns, including ownership, data security, and liability, to help align contract terms with customer interests.

Key Areas of Focus

Intellectual Property and Data Ownership: Identifying ownership and licensing of AI-generated outputs, as well as the treatment of customer data rights and restrictions.
Warranties and Indemnification: Reviewing each party's representations, warranties, and protections.
Limitations of Liability: Assessing liability limits, disclaimers, and mutuality.
Data Privacy Compliance: Identifying provisions related to data privacy laws, such as GDPR and CCPA.

Limitations, Assumptions, Details:

This screen was validated against 5 agreements contemplating generative AI and produced an average accuracy of 100%. Disclaimer: This screen should be used with a lawyer, not in replacement of a lawyer. Neither Screens nor any screen author is or will provide you with legal advice. AI accuracy rates vary based on several factors so always double-check all AI predictions. The views and opinions expressed in this screen are those of the author and do not necessarily reflect the official policy or position of any affiliated organizations or individuals.

Brad Simon

Brad Simon is a technology and digital media attorney with over 25 years of experience in tech law, focusing on emerging and established companies. His expertise spans video games, mobile apps, digital media, digital advertising, and e-commerce, with a current emphasis on generative AI. Since 2016, he has operated his own boutique law firm specializing in technology transactions, product counseling, and data privacy.

Previously, Brad held senior positions at major companies, including Senior Vice President and General Counsel at IAC Applications and About.com, where he led large legal teams across various sectors. At Take-Two Interactive, he was Vice President and Counsel, managing significant advertising and licensing deals for major game titles. He is a member of the Bonterms Standard Agreements Committee and holds a CIPP/US certification.

Brad has been a pioneer in technology law, being among the first to achieve certification under the IAPP's Artificial Intelligence Governance Professional program. His early interest in technology began in the 1980s with computer camps and involvement in the Boston Computer Society. He now creates custom AI tools tailored to client needs.

His diverse background includes roles at MTV Networks and PlayFirst, where he developed innovative legal strategies for digital advertising and content monetization. He also contributed to the Hippocratic Open Source License to align open source technology with ethical standards. Additionally, Brad has lectured at U.C. Berkeley Law School, creating one of the first video game law courses.

Brad holds a J.D. from Berkeley Law School, an LL.M. from Harvard Law School, and an M.Sc. in Anthropology from University College London. His academic background enhances his problem-solving and negotiation skills, making him a trusted advisor in tech transactions.

Website: www.bradsimonlaw.com