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Agile Software Development Agreement Template for United States

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Key Requirements PROMPT example:

Agile Software Development Agreement

"Need an Agile Software Development Agreement for a large-scale healthcare platform development project starting March 2025, with specific provisions for HIPAA compliance and data security requirements, involving multiple development teams across different locations."

Document background
The Agile Software Development Agreement is designed for organizations engaging in software development projects using Agile methodologies in the United States. This contract type is particularly relevant when traditional fixed-scope agreements are insufficient due to the iterative nature of Agile development. It addresses the unique aspects of Agile projects, including sprint planning, continuous delivery, and collaborative development processes, while providing necessary legal protections for both parties. The agreement is structured to balance flexibility with contractual certainty, making it suitable for modern software development projects where requirements may evolve over time.
Suggested Sections

1. Parties: Identification and details of contracting parties including registered addresses and company numbers

2. Background: Context of the agreement, including project overview and intent to use Agile methodology

3. Definitions: Key terms used throughout the agreement, including Agile-specific terminology

4. Scope of Services: High-level description of the software development services, including methodologies and deliverables

5. Agile Process: Details of sprint cycles, ceremonies, roles, and responsibilities

6. Payment Terms: Pricing model, payment schedule, and invoicing procedures

7. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP

8. Confidentiality: Protection of confidential information and trade secrets

9. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Service Levels: Performance metrics and standards - include when specific performance guarantees are required

2. Security Requirements: Specific security standards and compliance requirements - include when handling sensitive data or in regulated industries

3. Data Protection: Specific data handling and privacy requirements - include when processing personal data or subject to privacy regulations

4. Third-Party Software: Terms regarding use of third-party software and open source - include when project involves third-party or open source components

Suggested Schedules

1. Initial Product Backlog: High-level requirements and initial user stories

2. Pricing Schedule: Detailed pricing structure, rates, and payment milestones

3. Service Level Agreement: Detailed performance metrics and remedies

4. Technical Requirements: Technical specifications and architecture requirements

5. Key Personnel: Details of key team members and their roles

6. Security Requirements: Detailed security protocols and standards

7. Change Control Procedure: Process for managing changes to requirements or scope

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses






























Industries

Copyright Act: Federal law (17 U.S.C.) governing copyright protection for software code, documentation, and related materials

Patent Act: Federal law (35 U.S.C.) protecting novel, non-obvious inventions and processes in software development

Defend Trade Secrets Act: Federal law providing protection for trade secrets, including proprietary software algorithms and methodologies

Uniform Commercial Code: State-adopted uniform law governing commercial transactions, including software licensing and sales

CCPA: California Consumer Privacy Act governing the collection, storage, and use of California residents' personal data

GDPR Compliance: EU regulation consideration if handling European user data or serving European clients

HIPAA: Health Insurance Portability and Accountability Act requirements if handling medical data or healthcare information

E-SIGN Act: Electronic Signatures in Global and National Commerce Act governing the validity of electronic signatures and records

UETA: Uniform Electronic Transactions Act providing legal framework for electronic transactions and signatures at state level

Fair Labor Standards Act: Federal law governing employment standards, wages, and hours for software development teams

Export Control Regulations: EAR and ITAR regulations governing the export of software technology and cryptography

FTC Act: Federal Trade Commission Act provisions regarding unfair or deceptive practices in software development and licensing

State Data Breach Laws: Various state regulations requiring notification and response procedures for data breaches

Agile Methodology Provisions: Specific contractual terms addressing iterative development, sprint planning, and agile project management

IP Ownership Clauses: Provisions clearly defining ownership and licensing of developed software, code, and related intellectual property

Acceptance Testing: Terms defining acceptance criteria, testing procedures, and approval processes for delivered software

Change Management: Procedures for handling scope changes, requirement modifications, and associated pricing adjustments

Payment Structure: Terms defining payment schedules, milestones, and compensation for agile development sprints

Warranty Provisions: Specifications of software warranty terms, maintenance obligations, and support requirements

Liability Framework: Terms defining limitation of liability, indemnification obligations, and risk allocation between parties

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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