Escrow drafted around your deal.
Most escrow templates are written for the average deal, not yours. We draft the escrow agreement around the structure and release conditions you negotiated, and our in-house counsel will talk through the language with you.
Why standard release conditions fail.
Most escrow fights aren't about whether a deposit exists. They're about whether the release language does what both sides assumed it did.
The vendor fails in a way the clause never named, and the escrow just sits there doing nothing.
A missed SLA or a billing dispute trips the trigger, releasing materials when nothing has actually failed.
Both sides read "support" differently. The moment a release is needed, the clause becomes the dispute.
The trigger points at the obligation you already negotiated, so it fires when you meant it to and not before.
Language you can scrutinize.
Illustrative language, not legal advice. Yours is drafted to your deal. This shows the shape of what we draft and where your terms plug in.
(b) ties release to your own agreement. The trigger references the support obligation you negotiated, so it matches the deal instead of a generic standard that may never fit.
6.4 keeps the role neutral. We draft and administer the escrow. We do not interpret, advise on, or decide the underlying deal. That line is in the agreement on purpose.
Protecting the source code itself? See source code escrow →
What we draft, and what we don't.
EscrowTech drafts the escrow agreement and stays neutral. What the two sides negotiate stays theirs.
Around the structure and release conditions you and the other side negotiated. Custom language, not a form with your names dropped in.
The commercial terms, pricing, scope, and obligations stay between you and your counterparty. We work from them. We do not write them.
We will not opine on whether a release condition is commercially fair. That judgment is yours. Our role is neutral by design.
If the parties disagree on a term, that is for them and their counsel. We administer the escrow exactly as the agreement defines it.
Ready to draft one? Build one with the wizard → · How far to verify? See verification options →
Two vaults. One in a granite mountain.
Deposits are held in two physical, US-based vaults, one inside a granite mountain, monitored around the clock. The provider has to satisfy the people who approve the deal, and EscrowTech is the one their legal teams already recognize.
Escrow agreements, answered.
The questions counsel ask most often before they draft, review, or redline.
What does a software escrow agreement cover, and what does it not?
A software escrow agreement sets up the escrow itself: the parties, the deposited materials, the release conditions, the verification level, and each side's rights on release. It does not cover the underlying commercial contract between the vendor and the customer. EscrowTech drafts the escrow agreement only and stays neutral between the parties.
Why do standard release conditions often fail?
They tend to fail in one of three ways. A condition drafted too narrowly never fires when the vendor actually fails; one drafted too broadly fires by accident on a missed SLA or a billing dispute; and vague language gets read differently by each side, so the clause itself becomes the dispute. Conditions drafted around the deal you negotiated avoid all three.
Can we negotiate custom release conditions?
Yes. Release conditions are drafted around the structure and obligations you negotiated, not dropped in from a form. A trigger can reference the support or maintenance obligation in your own license agreement, so it fires in the situations you are actually worried about and not before.
Can I review and redline the escrow agreement language?
Yes. The agreement is drafted for you to scrutinize, and redlines are welcome. Because our in-house counsel drafts it, you can talk through the exact language with the person who wrote it rather than routing comments through a sales representative.
Does EscrowTech draft the commercial contract too?
No. EscrowTech drafts the escrow agreement only. The commercial terms, pricing, scope, and obligations stay between you and your counterparty. We work from what you negotiated, we do not write it, and we do not decide the underlying dispute.
Who at EscrowTech drafts the agreement?
Our in-house counsel drafts and negotiates the escrow agreement. When you have a question about the language, you are talking to the person who drafted it, counsel to counsel, not a script.
How is verification referenced in the agreement?
Verification is written in as a level matched to the risk, from confirming the materials exist, to a compile, to a full build and run. It is not automatic on every deposit, and the deepest level is never standard or included by default. You choose how far to verify and the agreement records it.
How long does drafting an escrow agreement take?
Most escrow agreements are drafted, reviewed, and signed in about two weeks. When escrow is the slow part of a deal, that is usually a provider problem, not an escrow problem.
Talk to the counsel who drafts it.
Send us the deal structure or the clause you're working from. Our counsel will draft escrow terms that fit it.
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