Licensing Fintech Software: SaaS, APIs and White-label

Published on Apr 30, 2026

Ivón Hernández, Partner at ARIAS Guatemala, expert in Intellectual Property, presents this article about how Licensing fintech software requires a clear understanding of the most common models—SaaS, APIs, and white-label—since each involves different levels of control, integration, and responsibility.  

 

Currently, the financial sector has undergone rapid transformation thanks to technology. This transformation is led by so-called "fintech” companies. The term fintech comes from "financial technology” and refers to companies that use technology to offer or improve financial services, including: digital payment platforms, e-wallets, online credit systems, investment or trading platforms, blockchain solutions, cryptoassets, and artificial intelligence. Their main goal is to make financial services more accessible, efficient, personalized, and modern by integrating them with new technologies from other industries and areas of commerce.  

 

Unlike traditional financial institutions, many fintech companies do not rely on physical infrastructure as their primary asset, but rather on intangible assets. This is why intellectual property is a key element for the success of the project.  

 

Understanding how fintech relates to intellectual property is relevant not only for lawyers but also for entrepreneurs, investors, and companies participating in this ecosystem, because IP allows for the protection of technological innovation, differentiation in the market, increased company value, and the attraction of investment.  

 

Among the main intellectual property assets of fintech companies are trademarks, patents, trade secrets, databases, and copyrights, particularly software. Like other types of companies, fintech firms possess some of the IP assets mentioned above, but in this article we will focus on software, because most of the innovative solutions proposed by fintech companies are protected through software licensing. That is why it is essential to understand the most common licensing models.  

 

  1. 1. What is software licensing? 

In Guatemala, as in other countries, software is protected as a copyrighted work. Its protection is established in the Law on Copyright and Related Rights, Decree 33-98 of the Congress of the Republic. The term of protection is 75 years from the date of first publication or, failing that, from the creation of the work, in accordance with Article 44 of said Law. To protect software, it is not mandatory to register it or file it with the Intellectual Property Registry; however, it is of vital importance to have the necessary contracts in place to exercise the rights granted by law for this type of asset.  

 

Software licensing is the contract through which the owner of the software rights, usually known as the developer, authorizes a third party, usually known as the licensee, to use their technology under certain conditions. In fintech, this involves not only technical use but also access to data, regulatory compliance, and, often, integration with sensitive financial systems. 

 

  1. 2. What are the main types of software licenses? 

The following is a brief description of some of the most common software licenses used in the market:  


  1. a) Traditional Software License: This is the license through which the developer authorizes a third party to use the software covered by the contract by b) stalling it on the third party’s equipment in exchange for a fee known as royalty.  

  1. bSaaS (Software as a Service) License: In this model, the software is neither sold nor installed locally, but rather offered as a cloud-based service, such as payment platforms, risk management systems, or digital banking back-end systems. These typically include access via a monthly or annual subscription, with the provider retaining control of the software and providing automatic updates.  

  1. c) API Software License: APIs are Application Programming Interfaces that allow third parties to integrate functionalities into their own platforms, such as payment APIs, identity verification, and credit scoring. They are characterized by technical integration between systems and usage based on per-transaction or volume consumption. 

  1. d) White-label: In this model, a company licenses the software to offer it under its own brand, as if it were its own, such as digital wallets or investment platforms that use third-party platforms. In this model, the end user is unaware of the original developer.  

 

  1. 3. What are the essential aspects to consider in software licenses? 

Regardless of the model, software licenses must contain provisions common to other contracts, such as term, territory, obligations of the parties, applicable law, dispute resolution, etc. However, there are some essential aspects that must be included in the contracts depending on the type of license the parties choose, among which we can mention:  

 

  1. a) Who owns the software. It should be noted that under the various software licensing schemes, the owner of the software is typically the developer.  

  1. b) If there are custom developments, who owns them. Usually, custom developments are considered derivative works of the original software, so they are also typically owned by the developer, unless otherwise agreed upon in the contract. 

  1. c) Local and international personal data protection regulations, especially regarding user consent and international data transfers. In the case of Guatemala, it is important to note that there is still no specific personal data protection law, but there are local regulations and practices that must be followed, and it is also advisable to comply with internationally recommended best practices.  

  1. d) Liability for system failures. In the fintech environment, system failure can have immediate impacts on financial operations, causing financial losses and undermining user trust. Therefore, it is essential that contracts clearly regulate liability for interruptions, transaction errors, or service unavailability. Likewise, it is advisable to establish liability limits and specific exclusions, while keeping in mind that, in certain cases, these may be restricted by applicable regulations. 

  1. e) Cybersecurity Responsibility. Given that fintech companies operate in highly exposed digital environments, cybersecurity is a critical factor. The parties must define clear obligations regarding security measures, prevention of unauthorized access, incident management, and notification of security breaches. It is essential to align security standards with the best international practices and applicable regulations. 

  1. f) Audits and controls. Audits and controls are essential tools for verifying compliance with contractual, technical, and regulatory obligations. In fintech contracts, it is advisable to include the right to conduct periodic audits—either directly or through third parties—on aspects such as information security, software usage, SLA compliance, and data processing. These mechanisms enable early risk detection, ensure transparency between the parties, and demonstrate compliance to regulatory authorities, which is particularly relevant in a highly supervised sector. 


Software licensing in fintech is not merely a technical issue, but a strategic and legal one. Choosing between traditional licenses, SaaS, APIs, or white-label solutions implies not only a different business model but also a different distribution of risks. Additionally, it is necessary to verify whether financial permits or licenses, or some form of supervision by financial authorities, are required for the software to operate, and what responsibilities the developer and licensee each bear.  


Sound contract drafting and a thorough understanding of the model can make the difference between successful expansion and a significant legal problem. That is why at ARIAS we have a team of highly qualified professionals to advise you on matters related to intellectual property, software, and fintech. Please do not hesitate to contact us for more information.