Common Paper - free benchmark of what SaaS customers now refuse to sign

16,140 signed agreements from 2,223 companies, June 2025 to June 2026. Three shifts change what a founder can realistically hold in a negotiation:

- Bans on training AI with customer data went from under 1% of contracts in 2024 to 14% now, and 53% of agreements mention AI at all
- Unlimited liability claims jumped from 1.1% to 10.2% in one year, carved out mostly for gross negligence, willful misconduct and fraud
- Automatic fee increases nearly halved, from 23% of contracts in 2024 to 13%, as customers stopped accepting built-in escalators
- The report is free and ungated, no email required

Strongest use is as a pre-negotiation checklist. The weak spot: the sample skews to companies already working off standard templates, so heavily lawyered enterprise deals are underrepresented.

https://commonpaper.com/resources/2026-saas-contract-benchmark-report/

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