SaaS (Software as a Service) is software that the vendor offers online. Users therefore do not have to install, manage and maintain the software locally themselves. They connect via the Internet to the application installed at the software vendor. That has benefits, but also risks-particularly for users’ business continuity. Escrow for SaaS is aimed at that.
The risk of complete loss of the software application and any data is greater than with software running locally (on-premises). This is because the software of a SaaS service is not installed at the software users’ premises, but at the vendor’s premises. That manages, maintains and hosts the application or has it hosted by a hosting party or cloud platform such as Microsoft Azure, Amazon Web Services (AWS) or Google Cloud. So it is important to be able to continue the service (temporarily) if the software provider or SaaS vendor is no longer able to do so.
A SaaS escrow arrangement is an agreement between the user(s) and the software provider.
It is wise to also arrange for underlying services, such as hosting and third-party licensing, to be temporarily maintained. You can sign an additional agreement with those relevant service providers for that purpose: the continuity declaration.
In escrow for SaaS, we distinguish between short-term and long-term securing of the application environment.
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