Senior Commercial Counsel - North America

About Incode

Incode is a Series B unicorn ($1.25 B valuation) rewriting how the world proves identity. Our AI-powered platform lets leading banks, fintechs, marketplaces, and governments deliver friction-free experiences while defeating fraud and safeguarding privacy. Customers such as Citi, AirBnB, Block, Chime, Sixt, and TikTok rely on Incode to power their identity verification and security. Recently named a leader in the Gartner® Magic Quadrant™ for Identity Verification, we’re scaling fast—and we need a product-marketing leader who can turn breakthrough technology into a category-defining narrative.

The Impact You'll Have

As our Senior Commercial Counsel, North America, you will own customer-facing commercial contracting across the U.S. and Canada taking deals from inception to signature. You will be the legal partner our Sales, Account Management, and Customer Success teams turn to for fast, commercially minded, risk-balanced negotiation of Proof of Concept (POC) Agreements, Master Services Agreements (MSAs), Data Processing Agreements (DPAs), order forms, renewals, and amendments.

This is a hands-on, high-volume role for a senior commercial lawyer who is energized by closing deals, comfortable as the single point of accountability for a contract, and fluent in the data privacy and regulatory issues that come with selling identity, biometric, and fraud-prevention technology into highly regulated industries. You will work daily with business stakeholders and counterparties, and partner with our Privacy, InfoSec, and Product teams to land agreements that protect Incode while keeping deals moving. Beyond the deal table, you'll counsel Product and Engineering on new products and features and go-to-market, keeping Incode's launches and customer commitments aligned.

What You’ll Own & Drive

Product & Go-To-Market (GTM)

• Advise Product and Engineering teams on new products and features, from design stage through launch and across the full product lifecycle.
• Identify and mitigate legal and regulatory risk across new and existing products and features.
• Monitor evolving privacy, biometric, and AI-related legal and regulatory developments across the U.S. and Canada and proactively flag changes that affect Incode's products or contracting positions.
• Review and approve product-related marketing and external communications, with a focus on consumer protection, unfair/deceptive practices, and privacy posture.
• Act as the trusted, responsive legal partner to Sales, Account Management, and Customer Success setting expectations, communicating ETAs, and unblocking deals against quarter-end and go-live timelines.
• Translate complex legal and privacy concepts into practical guidance business teams can act on and escalate novel or high-risk issues to the General Counsel with a clear recommendation.
• Integrate emerging AI governance and AI-ethics frameworks into responsible product development.
• Develop deep fluency in Incode's proprietary technology and product architecture to provide grounded, practical advice.

Commercial Negotiations

• Own end-to-end drafting, review, and negotiation of the full range of customer commercial agreements across the North America market in addition to POCs, MSAs, and DPAs, you will negotiate OEM and reseller/partner agreements, NDAs/MNDAs, and amendments.
• Serve as the single accountable owner (“hold the pen”) for assigned deals, driving them from first review through redlines, issue resolution, and final execution.
• Review and negotiate third-party (customer) paper, quickly identifying material risks, deviations from Incode's positions, and the handful of points truly worth negotiating.
• Lead customer-facing calls and direct negotiations, advising the business on key commercial terms — limitation of liability, indemnification, term and renewal, SLAs, fees and pricing interplay, IP and trademark use, and termination.
• Provide clear, documented sign-off for signature and partner with Legal Operations on Salesforce and legal software intake workflows.

Your Background

• D. (or equivalent) and admission to, and good standing in, at least one U.S. state bar.
• 7+ years of relevant experience as a commercial/technology transactions lawyer, ideally a mix of top law firm and in-house experience at a fast-paced technology company.
• Demonstrated track record negotiating and closing complex customer agreements end-to-end, including on customer paper.
• Strong, working knowledge of data privacy law applicable to North America (e.g., U.S. state privacy laws, biometric privacy statutes such as BIPA, and Canadian frameworks including PIPEDA and Québec's Law 25), and the ability to apply it in a commercial contracting context with the support of the Privacy Legal Team.
• Experience supporting customers in highly regulated environments financial services and banking, government/public sector, gaming, gambling, adult entertainment, medical/healthcare, or similar and comfort with the heightened diligence those deals require across the U.S. and Canada.
• Excellent drafting, negotiation, and judgment; able to distinguish must-have protections from nice-to-haves and to take clear positions under deal pressure.
• Highly responsive, organized, and able to manage a high volume of simultaneous deals and stakeholders in a fast-paced, high-growth environment.

The Qualities That Set You Apart

• Qualification to practice law in Canada.
• Experience with CLM tooling and Salesforce.
• Familiarity with identity, biometrics, or fraud-prevention technology.