Resources for insight and
inspiration
Guides
Insights
Management Rights Letter: Granting Institutional Investors Oversight Access
When startups take money from venture capital funds subject to ERISA or similar regulations, those funds need a special document: the Management Rights Letter (MRL). This short but powerful agreement ensures the investor has sufficient rights to “manage” their investment, helping them comply with legal requirements.
Indemnification Agreement: Personal Protection for Startup Directors and Officers
When startup leaders make tough calls - hiring, spending, pivoting - they expose themselves to personal liability. The Indemnification Agreement serves as a legal shield, protecting directors and officers against lawsuits, claims, and costs incurred while serving the company.
ROFR and Co-Sale Agreement: Managing Share Transfers While Preserving Cap Table Control
In venture-backed startups, control of the cap table is critical. The Right of First Refusal and Co-Sale Agreement (ROFR/Co-Sale) helps founders and investors maintain that control by regulating how shares are transferred - particularly when founders, early employees, or other major holders want to sell.
Voting Agreement: Aligning Shareholder Power in Key Company Decisions
While founders often assume they’ll control their company post-funding, the Voting Agreement tells a more nuanced story. This document outlines how shareholders agree to vote their shares on critical company matters, including board elections and future financing approvals.
FAQs
Open allTemplates 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 contracts—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.