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Insights
Trademarks vs. Copyrights vs. Patents: A Startup Guide to IP Protection
Startups thrive on ideas - but ideas only create value if they’re protected. Intellectual property (IP) safeguards your brand, your creative work, and your innovations. From your logo to your code to your inventions, knowing which type of IP applies is essential to protecting your edge and building long-term value.
Non-Solicitation Clauses Explained
When an employee leaves your startup, there’s always a risk they’ll try to take your people or customers with them. That’s where non-solicitation clauses come in - they’re a powerful, often enforceable tool to protect your business after key team members depart.
Should Startups Use Non-Compete Clauses? Here’s What Founders Need to Know
In the fast-moving startup world, it’s natural to want protection against former employees joining a competitor. That’s why non-compete clauses have been popular for years. But the legal landscape is changing - raising real questions about whether they’re enforceable, useful, or even worth including.
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.