Resources for insight and
inspiration
Guides
Insights
Drag-Along Rights in Startup Financing: Streamlining Exits While Balancing Stakeholder Interests
When negotiating startup financing, founders often focus on valuation, equity splits, and immediate ownership. But long-term provisions in term sheets can be just as important, especially when it comes to company exits. One of the most impactful is the drag-along right.
Anti-Dilution Rights in Startup Funding: The Price Protection Mechanisms That Safeguard Investor Value
When structuring venture capital deals, founders often focus on valuation, investment size, and ownership splits. But within preferred stock agreements are provisions that can significantly reshape economics if future fundraising happens at lower valuations. Chief among these are anti-dilution protections.
Liquidation Preferences in Startup Funding: Critical Terms That Shape Exit Outcomes
When negotiating startup financing rounds, founders often focus on valuation, investment size, and ownership percentages. However, hidden within term sheets are provisions that can dramatically impact how exit proceeds are distributed. One of the most important of these provisions is the liquidation preference.
SAFEs: Streamlining Early-Stage Startup Investments
In today’s fast-moving startup ecosystem, the Simple Agreement for Future Equity (SAFE) has reshaped how early-stage companies raise capital. Introduced by Y Combinator in 2013, SAFEs were created to simplify fundraising while balancing the needs of both founders and investors.
FAQs
Open allWhy is employee classification so important?
Misclassifying employees as contractors or exempt workers can lead to back pay claims, penalties, and lawsuits.
What happens if my startup doesn’t have a Privacy Policy?
You risk fines under laws like GDPR and CCPA, removal from app stores, and loss of user trust.
How often should a Privacy Policy be updated?
At least once a year, or whenever you change your data practices, adopt new tools, or when laws change.
What’s the difference between a Privacy Policy and Terms of Service?
A Privacy Policy explains how you handle user data. Terms of Service govern how users interact with your platform. Both are essential.
Do all startups need a Privacy Policy?
Yes. If you collect any personal data - emails, IP addresses, or cookies - you need one. Most app stores and ad networks also require it.
Can I use a template for my Terms of Service?
Templates are a starting point, but your TOS should be customized to your business model, user base, and compliance obligations.
What’s the difference between Terms of Service and a Privacy Policy?
TOS govern how users interact with your platform, while a Privacy Policy explains how you collect, use, and store their personal data.
Do all startups need Terms of Service?
Yes. Any business with a website, app, or platform should have TOS to set user expectations and limit liability.
Are Terms of Service legally binding?
Yes - if properly drafted and accepted (usually through clickwrap), TOS create an enforceable contract between you and your users.
Can a Partnership Agreement be changed later?
Yes. Agreements should be reviewed and updated as the business grows or circumstances change.
Is a Partnership Agreement legally binding?
Yes. As long as it’s properly drafted and executed, it sets enforceable rules for ownership, profit-sharing, and decision-making.
Do I need a Partnership Agreement if I trust my co-founder?
Yes. Even the strongest relationships benefit from clear rules. A written agreement prevents misunderstandings and protects both parties if circumstances change.
When should a startup replace an MOU with a contract?
When the relationship involves money, intellectual property, or liability risk, you should transition from an MOU to a formal agreement.
Can MOUs be enforced in court?
Courts may enforce MOUs if they look like contracts—for example, if they include payment terms or obligations. To avoid confusion, clearly state whether the MOU is binding.
How is an MOU different from a contract?
Contracts create enforceable obligations. MOUs generally outline intentions and expectations but stop short of legal enforceability.