Are You a Software Developer?
We can offer advice, based on our wealth of experience, no matter whether you are new to software escrow, have difficult, urgent or complex requirements or are just wanting to ensure your existing software escrow agreements offer you the best protection for you and your business.
We provide all the standard things you would expect from any Software Escrow Company, and more, including:
Automated Deposits
Clear Release Clauses
Insolvency Guardrails
Clear & Verified Software Validation
Disputes Resolution Clauses
Unrivalled Experience
Seamless Protection: How Automated Source Code Escrow Works
Eliminate manual updates and legal friction. Our platform integrates directly with your existing development pipeline to protect your intellectual property and assure your enterprise clients—completely in the background.
$ escrow connect --provider github<br>Authorizing read-only access...<br>✓ Repository acme/core-platform linked<br>✓ Deposit schedule created<br>$Repository acme/core-platform linked<br>$Deposit schedule created
$ escrow connect --provider github<br>Authorizing read-only access...<br>✓ Continuously monitors your codebase<br>✓ scrow vault is always up to date.
$ escrow connect --provider github<br>Authorizing read-only access...<br>✓ Strict automated intake pipeline<br>✓ Ensure complete security
$ escrow connect --provider github<br>Authorizing read-only access...<br>✓ Deposits are organized and verified<br>✓ Deposit schedule created
$ escrow connect --provider github<br>Authorizing read-only access...<br>✓ Intellectual property remains completely locked <br>✓ Only accessible to your client if a catastrophic, contractually agreed event occurs
Clearly defined release clauses
We only release your source code if clearly defined release clause are met. These are clearly defined and ensure your software IP is protected,
if (developer.status === "insolvent") {
escrow.release(licensee);
}
if (developer.status === "insolvent") { doesn’t fulfil its obligations (licensee);<br>}
if (software.supplier === "bought") {<br> escrow.release(licensee);<br>}
Software escrow for developers
Insolvency guardrails that protect your code and your customer deals
Customers worry about what happens to their software if you hit financial trouble. A well-structured escrow arrangement answers that worry while keeping you in control of your intellectual property. These are the safeguards we can put in place:
What it does
What it means for you
What it does
What it means for you
What it does
What it means for you
Know your escrow deposit actually works
SES Secure independently validates every deposit, so developers and their customers can rely on clear, documented proof that the materials are complete, accurate and usable.
Automated Integrity & Inventory Verification
The first line of defense is ensuring that everything promised in the contract has actually been transferred, without corruption or missing files.
Verified"Clean-Room" Compilation and Build Testing
This is the core test that separates an empty legal document from a 100% usable asset. The goal is to prove the code can be entirely rebuilt from scratch without the developer’s internal systems.
VerifiedFunctional Execution & Deployment Validation
Compiling the code is not enough; you must prove that the newly built software actually runs, connects to databases, and executes critical business functions.
VerifiedGive your customers confidence with verified software escrow.
How disputes over your source code deposit get resolved
The dispute resolution clause sets out what happens when you, your customer (the beneficiary) and the escrow agent disagree about a release of your code. It exists so nobody has to go to court first, and so your IP stays protected while the disagreement is sorted out.
The escalation path, step by step
-
The Mandatory Notice and Right to Object 10-14 Days
The escrow agent receives a release request from the licensee, but cannot hand over the source code immediately. The agent must issue a formal notice to you (the developer), initiating a mandatory waiting period (typically 10 to 14 business days).
-
The Good-Faith Consultation Window 7-10 Days
If you file a counter-notice objecting to the release, the escrow agent places the request on hold. The agreement then mandates a specific, time-bound negotiation period (usually 7 to 10 days) where senior executives from both sides must meet to resolve the matter amicably.
-
Expedited Independent Expert Arbitration
If bilateral talks fail, the dispute is automatically elevated to expedited, binding arbitration. Rather than using a generic court judge, the agreement appoints a neutral, independent technical expert or a specialized arbitrator panel (such as through the American Arbitration Association or local equivalent).
What this means for your code and IP
Step 1: The Developer Advantage:
This step eliminates the risk of an unverified "stealth release." It gives you a guaranteed operational window to review the claim. If the licensee is acting in bad faith—such as falsely claiming bankruptcy or using a minor service disruption as an excuse to steal your IP—you have the absolute legal right to file a counter-notice. A timely counter-notice completely freezes the release process, keeping your code securely locked in the vault.
Step 2: The Developer Advantage:
This provides a powerful commercial buffer. If the dispute is actually driven by a commercial misunderstanding—such as an unpaid invoice or a temporary, fixable downtime incident—this window allows you to cure the default, renegotiate terms, or settle the issue out of court. It protects your proprietary assets from being released over minor operational hiccups, ensuring your code remains private while you remedy the client's underlying concerns.
Step 3: The Developer Advantage:
This step keeps your business out of prolonged, public, and expensive courtroom litigation. Because the arbitrator must be technically literate, they will understand nuance—such as whether a software bug constitutes a total "cessation of maintenance" under the contract. The agreement can also stipulate that the losing party pays all arbitration and legal fees, which heavily deters licensees from filing frivolous, predatory release claims just to gain access to your proprietary code.
General information only, not legal advice. Timeframes and procedures vary by agreement, so check your own escrow contract.
"Our number 1 aim is to protect your IP whilst giving the ultimate trust and security for your clients - basically we protect your business and help increase your sales...
If you haven't spoken to us yet, we are the most experienced provider of software escrow for developers in the UK and understand you. Contact us today..."
About SES Secure
SES Secure are the leading Software Escrow Provider in the UK. Don't just take our word for it, theses are the reasons why we feel you should trust us with your Software Escrow requirements:
- We are the only Software Escrow Provider to have an "Exceptional" rating on Feefo
- We are ISO 9001 & ISO 27001 Certified, ico Registered and Cyber Essentials Certified
- We have been trading for over 25 years and our Software Escrow Specialist have a combined experience of over 150 years
- We have a 96% client retention rate and 98% customer satisfaction rate
- Our priority is, and will always, be to get the best software protection solution for you.
Contact one of our Key Software Escrow Specialists...
Mark Ryan
Specialisms:
Software & SaaS Escrow | Data Escrow | Business Continuity | Disaster Recovery
Adam Boland
Specialisms:
Software & SaaS Escrow | SaaS Continuity | Disaster Recovery | Validation Testing
Darragh Lavin
Specialisms:
Software & SaaS Escrow | Software Resilience | Continuity Software Escrow | Validation Testing
Zayn Afsar
Specialisms:
Software & SaaS Escrow | Commercial Software Escrow | Risk Mitigation | Digital Resiliance
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