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SaaS escrow

SaaS escrow for the running service.

For cloud and hosted software, source code alone won't bring the service back online. A SaaS deposit holds the running environment, released to the beneficiary on agreed conditions.

Deposit levels

Three levels, by recovery need.

Each level adds more of the running environment. Match the deposit to how far you need to recover, from a code drop to a live service.

Level 1
Source & build instructions
  • Source code and build instructions
Deploy in-house
Level 2
Deployable bundle
  • Source code and build instructions
  • Deployment configuration
  • Infrastructure-as-code
Deployable bundle
Level 3
Full streaming deposit
  • Source code and build instructions
  • Deployment config and infrastructure-as-code
  • Database and runtime state, kept current
Running service
The deposit

What a SaaS deposit holds.

A hosted-software deposit is scoped to what a new team would need to redeploy and run the service, not just read the code.

01

Deployment scripts

The steps that stand the service up, so a new team can redeploy it rather than reverse-engineer it.

02

Infrastructure-as-code

The environment defined in code, so the platform it runs on can be rebuilt the same way every time.

03

Configuration

The settings that make the service behave in production, kept with the deposit rather than in someone's head.

04

Database & runtime state

The live data and running state a service needs to come back up where it left off, not from empty.

05

Credentials

The keys and secrets required to connect and run, held securely and released only on the agreed conditions.

06

Container images

The packaged runtime the service actually ships as, so what you recover matches what was running.

Verification

Tested, not just stored.

For SaaS, the real question is whether the deposit would redeploy, not just compile. You choose the depth; it is not automatic.

Level 1
Confirm what's there
A file listing and inspection, so you know the materials exist and match what was promised.
Level 2
Prove it builds
EscrowTech compiles the deposit to confirm the source actually produces the software.
Level 3
Prove it redeploys
A continuity review of whether the deposit would stand the running service back up, not just build a binary.
Ongoing
Re-verify on change
Re-check the deposit as the service, its config, and its dependencies change over the life of the agreement.

For SaaS, verification asks whether the deposit would actually redeploy, not just compile. You choose the depth, it is not automatic, and the continuity review at the top of the ladder is never standard or included by default. SaaS and continuity review sit at the top of the ladder. See cloud continuity →

Storage & proof

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.

In operationSince 1992
Buyer recognition80% of the Fortune 500
StorageTwo US sites
In-houseCounsel + developers
CustodyDocumented chain
FAQ

SaaS escrow, answered.

The questions vendors, licensees, and their counsel ask most often about hosted software.

What is SaaS escrow?

SaaS escrow is escrow for cloud and hosted software. Because the customer never holds the source code and the service runs on the vendor's infrastructure, source code alone won't bring it back online. A neutral third party holds the running environment and releases it to the beneficiary only on the conditions written into the escrow agreement.

How is SaaS escrow different from traditional source code escrow?

Traditional source code escrow assumes the licensee can rebuild and run the software from the code. With hosted software that assumption breaks: you also need the deployment configuration, infrastructure, and often the database and runtime state. SaaS escrow holds the running environment, not just the source, so the service can be stood back up.

What does a SaaS escrow deposit include?

Depending on the level, a SaaS deposit can hold source code and build instructions, deployment scripts, infrastructure-as-code, configuration, database and runtime state, credentials, and container images. The deposit is scoped to what a new team would need to redeploy and run the service.

What are the three levels of SaaS escrow?

Level 1 is source code and build instructions, for when the licensee can deploy in-house. Level 2 adds deployment configuration and infrastructure-as-code, a deployable bundle rather than a code drop. Level 3 is a full streaming deposit that also includes database and runtime state, kept current, for when the service has to be running.

What are the release conditions in a SaaS escrow?

The triggers that release the deposit, such as the vendor ceasing business, filing for bankruptcy, or failing to keep the hosted service running. They are written to fire in the situations you are actually worried about, not buried in a template too narrow to trigger.

Who drafts and manages a SaaS escrow agreement?

EscrowTech's in-house counsel drafts the escrow agreement and stays neutral between the parties. It drafts the escrow arrangement, not the underlying commercial contract. Deposits, updates, and verification are then managed through RealTime Escrow, the secure portal for the agreement.

Would a SaaS deposit actually redeploy?

That is a verification question, and it is not automatic. For SaaS, verification asks whether the deposit would actually redeploy, not just compile. EscrowTech offers verification options matched to your risk, and the continuity review at the top of the ladder is never standard or included by default.

How long does SaaS escrow take to set up?

Most agreements are drafted, reviewed, and signed in about two weeks, then the first deposit is made and, if you choose, verified. Escrow being the slow part of a deal is usually a provider problem, not an escrow problem.

Pricing

Priced to your risk, no surprises.

You shouldn't have to guess what this costs. SaaS escrow starts at $1,595 a year, custom-priced to your risk, your deposit level, and how far you verify, so you know what you're committing to before you begin. See pricing →

Make it safe to depend on.

Tell us how your service is deployed. We'll match the deposit level and the verification to it.

Get a quote
No obligation. A member of our team will follow up.
Typical response: under four business hours.

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