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Insights

Navigating Business Associate Agreements: A Startup Guide for Handling Health Data

If your startup handles healthcare data in any form - through software, services, or analytics - you’ve probably come across the term Business Associate Agreement (BAA). For health tech, digital wellness, and related industries, BAAs are not optional. They are required under HIPAA and are critical to protecting patient information.

Waiver and Release Agreements: A Founder's Guide to Risk Management

Startups move fast - and sometimes things don’t go as planned. Whether you’re resolving a dispute, parting ways with a contractor, or running a risky beta test, a waiver and release agreement can be a key risk management tool.

Commercial Agreements for Startups: A Quick Legal Guide

When your startup starts selling, partnering, or outsourcing - it’s time to start signing commercial agreements. Whether you’re licensing software, onboarding a reseller, or buying cloud services, these contracts govern how your business operates in the real world.

MSAs and SOWs: What Startup Founders Need to Know

When your startup begins signing customers or vendors, two acronyms quickly become part of the conversation: MSA and SOW. These agreements are more than just legal language - they provide the structure that supports many B2B relationships.

Templates are a starting point, but your TOS should be customized to your business model, user base, and compliance obligations.

TOS govern how users interact with your platform, while a Privacy Policy explains how you collect, use, and store their personal data.

Yes. Any business with a website, app, or platform should have TOS to set user expectations and limit liability.

Yes - if properly drafted and accepted (usually through clickwrap), TOS create an enforceable contract between you and your users.

Without one, state default laws govern the partnership. These rules may not align with your intentions and can lead to disputes.

Yes. Agreements should be reviewed and updated as the business grows or circumstances change.

Yes. As long as it’s properly drafted and executed, it sets enforceable rules for ownership, profit-sharing, and decision-making.

Yes. Even the strongest relationships benefit from clear rules. A written agreement prevents misunderstandings and protects both parties if circumstances change.

When the relationship involves money, intellectual property, or liability risk, you should transition from an MOU to a formal agreement.

Courts may enforce MOUs if they look like contractsβ€”for example, if they include payment terms or obligations. To avoid confusion, clearly state whether the MOU is binding.

Contracts create enforceable obligations. MOUs generally outline intentions and expectations but stop short of legal enforceability.

Most MOUs are not legally binding, but they can include binding provisions if clearly stated, such as confidentiality or exclusivity.

Overcommitting - such as granting long exclusivity or including too much detail - can lock you into unfavorable terms before negotiations are complete.

Yes, unless you are bound by specific provisions. However, backing out without good reason may damage future relationships.

LOIs outline deal terms upfront, giving both sides confidence before investing in due diligence and full contract drafting.

Most of an LOI is non-binding, but certain provisions like confidentiality and exclusivity are enforceable.

If you handle personal data, a DPA ensures compliance with GDPR, CCPA, and similar laws. Many enterprise clients require it before signing.

Usually the customer, though the provider may retain limited rights to use the data for service delivery, analytics, or improvements.

Yes, especially in B2B deals. SLAs provide uptime guarantees and remedies for service failures, which are critical for enterprise customers.

Traditional licenses transfer a copy of the software, while SaaS Agreements grant access to use the software as a service without ownership.

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