IT Contracts & Software Licensing

Other IT Law areas of expertise:

Artificial intelligence (AI) is no longer just a futuristic concept; it is already an integral part of business, shaping how companies develop products, deliver services, and stay competitive. From integrating AI solutions into software products and cloud services to using it for data analytics and automated decision-making, the business landscape is changing rapidly.

However, such innovation also raises entirely new legal questions. Traditional IT contracts often don’t cover the specificities that AI brings, such as dependence on data, the system’s ability to learn and evolve, and the unpredictability of outcomes. That’s why negotiating and concluding IT contracts that include AI components requires a special approach.

Our practice shows that it is no longer sufficient to rely on standard software licensing provisions or SLA agreements. It is necessary to regulate in detail issues of intellectual property in AI solutions, rights of use and data protection, transparency obligations, as well as compliance with a regulatory framework that is evolving almost month by month.

Why Zunic Law for IT Contracts?

Our team, with extensive experience in IT contracts and digital technologies, helps IT companies negotiate and conclude contracts that include AI elements in a legally secure way, protecting both their own interests and those of their clients.

In-depth support for IT companies: we cover all aspects of contractual relationships – from software development and cloud services, through SaaS models, outsourcing, and integration of AI technologies, to data protection, intellectual property, and confidential information.

Regulation without borders: we align IT contracts with domestic and international regulations, including GDPR, consumer protection rules, e-commerce regulations, and the latest frameworks in digital services and AI law.

Comprehensive approach: we support clients from initial negotiations and contract structuring, through drafting tailored clauses for specific business models, to global partnerships, investments, and entry into new markets.

Pragmatic delivery: we focus on what is critical for the safety and growth of IT businesses – clearly defined obligations and rights, IP and data protection, transparent SLA provisions, and minimization of legal and commercial risks.

Our approach: IT Contracts that keep up with the pace of technology

Our many years of experience drafting and reviewing IT (ICT) contracts, coupled with a deep understanding of the IT industry’s specificities, allow us to anticipate and prevent legal challenges companies may face.

Keeping pace with rapid technological development and the growing role of AI in business processes, we offer an innovative approach to creating contractual solutions that are flexible, secure, and adaptable to future changes.

Our goal is to provide IT companies, regardless of size, with legal certainty and a strategic edge in a dynamic digital environment.

Key Practice Areas (Overview)

Software License Agreement
Software Development Agreement, Game Development Agreement, and App Development Agreement
IT Equipment Purchase Agreement
Professional Services Agreement
SaaS / PaaS / IaaS Agreement
Joint Venture Agreement
Spin-off Company Formation Agreement
Game Publisher License Agreement
IT Brokerage/Intermediation Agreement
Service Level Agreement (SLA)
Support and Maintenance Services Agreement
General Terms and Conditions for Apps and Websites
IT Agreements with Contractors and Subcontractors

Below are details by contract type, with emphasis on the concrete deliverables we provide.

1. Software Licensing Agreement

Advising on licensing models – We help clients choose the most suitable model (exclusive, non-exclusive, open-source, proprietary license) in line with their business goals, maximizing legal certainty and commercial potential.
Contracting and negotiations – We precisely regulate term, territorial scope of use, the amount and calculation of fees, preventing misunderstandings and legal gaps.
Protection of copyrights and know-how – We ensure the licensor retains control over their software while the licensee receives clearly defined usage rights, without the risk of unauthorized transfer.
Regulatory compliance – We tailor each agreement to domestic and international IP and IT regulations to ensure long-term sustainability.

Result: licensing agreements that maximize the software’s commercial potential and provide legal certainty for all parties.

2. Software / Game / App Development Agreement

Defining project scope – We clearly document development phases, goals, and developer obligations, reducing room for misunderstandings and budget overruns.
Intellectual property rights – We specify whether ownership of code and design remains with the developer or is transferred to the client, so both parties are secure in future use.
Confidentiality and trade secrets – We incorporate NDA provisions to ensure sensitive business information does not leak to third parties.
Milestones and delivery deadlines – We establish milestones and delivery timelines with quality-control mechanisms, enabling better oversight for the client.
Developer warranties and liability – We define testing obligations, bug fixes, and product quality maintenance during the warranty period.
Monetization and distribution – For games and apps, we further regulate monetization (in-app purchases, ads) and distribution via platforms such as the App Store or Steam.

Result: clearly structured development projects with predictable timelines, secure IP ownership, and guaranteed delivery quality.

3. IT Equipment Purchase Agreement

Defining supplier responsibility – We precisely regulate supplier obligations regarding quality and technical specifications, protecting the buyer’s interests.
Delivery deadlines and warranty – We set delivery timelines and warranty periods, with clear consequences for delays or defective deliveries.
Protection against technical defects – The agreement includes claims mechanisms and an obligation to remedy defects, ensuring investment security.
Dispute resolution – We include arbitration and other mechanisms for swift dispute resolution, reducing costs and duration of proceedings.

Result: secure procurement of IT equipment with clear warranties, investment protection, and fast dispute-resolution mechanisms.

4. Professional Services Agreement

Clearly defining service provider obligations – The agreement specifies exactly what the service entails (consulting, system implementation, IT integrations), giving the client legal certainty.
Payment and delivery cadence – We help clients agree on payment models aligned with phases and quality of services delivered.
Protection against non-performance – Termination clauses and penalties for delay or non-performance ensure the client does not bear business risk.
Rights to work product – We specifically regulate ownership of deliverables (e.g., code, methodologies, documentation), protecting the client’s interests.

Result: transparent and fair agreements that ensure quality control and security in service delivery.

5. SaaS / PaaS / IaaS Agreement

Structuring cloud agreements – We analyze the client’s business model and define clear rights and obligations in cloud service agreements.
Availability and data security – We specify provider obligations regarding service availability (uptime), security, and backup procedures.
GDPR and local law compliance – We ensure data processing in the cloud complies with regulations, reducing the risk of penalties.
Limiting provider liability – We define where the provider cannot be held liable while still protecting minimum user rights.
Migration and termination rights – We provide mechanisms for clients to retrieve their data and smoothly transition to another provider.

Result: cloud agreements that guarantee availability and data security, with full regulatory compliance.

6. Joint Venture Agreements

Legal support in forming joint ventures – We structure agreements so partners have clearly defined roles and a balance of interests.
Allocation of intellectual property rights – We precisely regulate ownership of know-how, patents, and software created within the venture.
Governance and voting rights – We help clearly define decision-making, minority protections, and the prevention of management deadlocks.
Exit strategies – We arrange options for buy-out, share sale, or exit from the venture, thereby preventing crises in the event of partner disagreements.

Result: stable partnerships with clearly allocated rights and obligations that enable long-term success.

7. Spin-off Company Formation Agreement

Drafting formation documents – We prepare all necessary documents for establishing a spin-off, compliant with local law.
Defining relations between founders and parent company – We clearly delineate rights and obligations between the spin-off and the parent company.
Equity allocation and revenue rights – We structure capital and revenue from new products/services so all parties are properly rewarded.
Protection of trade secrets and know-how – We include confidentiality and non-compete obligations.
Tax and employment compliance – We analyze and optimize tax treatment and employment aspects of the spin-off.

Result: spin-offs with a clear legal framework, fair alignment of interests, and secure conditions for growth.

8. Game Publisher License Agreement

Licensing rights to publishers – We define the scope and terms of the license, protecting the game creator’s interests.
Revenue sharing – We agree on how profits from game sales are split and paid, ensuring a fair distribution of risk and reward.
Territorial rights and distribution channels – We precisely regulate the markets and platforms on which the game may be distributed.
Promotion and marketing obligations – We include provisions obliging the publisher to invest in marketing and distribution to increase commercial success.
Protection against unauthorized use – We provide mechanisms to protect against piracy and other abuses.

Result: fair publishing agreements that ensure global distribution and maximum copyright protection.

9. IT Brokerage/Intermediation Agreement

Defining the intermediary’s fee and obligations – The agreement sets the commission model and specific obligations, protecting the principal’s interests.
Protection against conflicts of interest – We include obligations for the intermediary to act exclusively in the client’s interest.
Exclusivity of services – Where needed, we add provisions ensuring the intermediary works only for the client in a given market.
Limiting liability – We define situations in which the intermediary is not liable, while safeguarding the client’s minimum interests.

Result: brokerage arrangements that protect the client and enable safe, effective market representation.

10. Service Level Agreement (SLA)

Setting measurable quality indicators – We define parameters such as uptime, response time, and security standards, giving the client guaranteed service quality.
Consequences for not meeting SLA standards – We agree on clear sanctions and compensation rights in case of non-compliance.
Right to terminate – We enable the client to terminate if the provider fails to meet agreed standards.
Reporting and performance monitoring – We provide for regular reporting and quality-control mechanisms during the term.

Result: services with clearly defined quality standards, measurable obligations, and guaranteed client protection.

11. Support and Maintenance Services Agreement

Defining the scope of support – We specify whether support covers help desk, on-site interventions, updates, or security patches.
Incident response times – We agree on response times the provider must meet, reducing the client’s business risk.
Supplier obligations – We clearly define the scope of responsibility, including preventive maintenance and regular upgrades.
Penalties for delays and deficiencies – We include sanctions for non-performance, ensuring timely and quality delivery.

Result: agreements that ensure timely, high-quality support with guaranteed incident resolution and penalties for delays.

12. General Terms and Conditions for Apps and Websites

Drafting Terms & Conditions and Privacy Policy – We write user-friendly and legally valid terms of use and privacy policies.
Compliance with local and EU regulations – With special focus on GDPR and consumer protection rules.
User protection and transparency – We help clients clearly inform users about their rights and obligations.
Content rights – We define rules for use, sharing, and IP protection of content on the site or app.
Limiting liability – We include provisions that protect the app or site owner from excessive user claims.

Result: legally secure platforms with clear rules of use and full protection for both users and owners.

13. IT Agreements with Contractors and Subcontractors

Defining relationships with external collaborators – We clearly regulate obligations and tasks, reducing the risk of misunderstandings.
Intellectual property rights – We provide for the transfer of ownership of created code and deliverables to the client to enable unrestricted use.
Confidentiality and non-compete – We agree on obligations to protect confidential information and prevent competitive activities.
Deadlines and delivery responsibility – We define detailed timelines and liability for potential delays.
Compensation model – We clearly set billing models (hourly, fixed-price, or hybrid) to ensure transparency.

Result: predictable, secure relationships with external collaborators that ensure IP ownership and protection of business interests.

What collaboration with us looks like (4 steps)

Discovery & understanding the business model – a short workshop with teams (legal, IT, management) where we map the types of contracts you use or plan to conclude and identify potential risks and priorities.
Contract analysis and tailoring – review of existing contracts, gap analysis, and improvement proposals. We create a plan and timelines for alignment, with clear KPIs and responsible parties.
Drafting and negotiating – we draft new agreements or revise existing ones and negotiate with partners/suppliers on the client’s behalf, focusing on protection of interests, intellectual property, and legal compliance.
Ongoing support and updates – we provide continuous advice, update contract models in line with regulatory and market changes, and prepare clients for audits, inspections, or due diligence.

Examples of Completed Projects

Software company (Serbia/EU): development and licensing agreements, IP allocation, maintenance agreements, and SLA models.
Gaming studio: agreements with publishers and distributors, monetization and IP protection, end-user terms of use.
Cloud provider: SaaS/PaaS/IaaS agreements, data protection and GDPR compliance, migration and exit clauses.
Startup (corporate spin-off): founders’ agreement, regulating relations with the parent company, transfer of rights to software and know-how.
IT outsourcing firm: agreements with contractors and subcontractors, confidentiality and non-compete clauses, flexible billing models.

Tijana Žunić Marić

Nemanja Žunić

Jelena Đukanović

Anja Berić

Frequently Asked Questions (FAQ)

1. Do I really need a special IT contract, or is a standard commercial contract enough?

IT contracts cover specific issues that standard commercial contracts typically don’t – such as IP in code, SLA standards, data security, and liability for technical defects.

Without a specialized IT contract, your rights and interests may remain unprotected.

2. What is the biggest legal pitfall in software development agreements?

The most common problem is insufficiently clear ownership of code and IP.

If not explicitly regulated, a company may not become the owner of the software it paid for, but only a user with limited rights.

3. How are data protection and GDPR compliance regulated in contracts?

In cloud and SaaS contracts, as well as support agreements, we set precise provider obligations for processing and storing data.

We also include clauses on technical and organizational measures, incident reporting obligations, and audit rights, ensuring full GDPR compliance.

4. Should the agreement provide for warranty and maintenance of the software?

Absolutely. Without warranties and maintenance, the client is in a risky position with no legal certainty that the software will remain correct and functional long term.

We agree on bug-fix timelines, regular upgrades, and support.

5. How is liability regulated if the system fails or goes down at a critical moment?

Through an SLA (Service Level Agreement), we define measurable performance indicators (uptime, response time) and the consequences if standards aren’t met – from compensation and penalties to termination rights.

6. What if my business model or technology changes—do I need a new contract?

We draft contracts to be flexible and scalable. We include adaptation and change clauses that allow the agreement to be adjusted to technological or business model changes without having to rewrite it from scratch.

7. How far in advance should I engage lawyers to draft or review contracts?

Ideally, during the negotiation or planning phase, so potential risks are identified and eliminated before signing.

If you reach out only after a problem arises, legal options for protection are often more limited.