AI Procurement Clauses Your Lawyers Haven't Learned to Ask For Yet
The 14-month-old AI vendor contract on your shared drive was drafted from a SaaS template. It guarantees uptime, names a security contact, and caps liability at twelve months of fees. It says nothing about whether your prompts get fed into the next training run, what happens when the model you depend on is quietly swapped for a smaller variant, or which region your inference logs sit in when a regulator asks. The lawyer who drafted it did a competent job with the vocabulary they had. The vocabulary is a generation behind the surface area.
Procurement teams are still optimizing for the wrong contract. The standard MSA fights battles from the 2010s — outage credits, breach notification windows, indemnification for IP that makes it into the source repository. AI vendor relationships have a different attack surface, and the clauses that matter most are the ones that don't have a heading in your existing template. The team that lets last year's procurement playbook handle this year's vendor stack is signing away leverage they will need within a year.
