How can you start a relationship with a startup founder?
If you want to get a response, you have to think of what kinds of messages that they would quickly say “Yes” to.
You can find out various different messages that you can send out to startup founders, lawyers, podcast hosts here.
Here’s another strategy.
All tech companies, e-commerce companies, OTT platforms, even free apps have terms and conditions listed on their website.
The problem that early stage startups face is that they do not have access to legal support for drafting these terms and conditions.
Most of the time, they are copied from other companies, and therefore need to be improved.
What are the most important clauses to look for?
1. If some service is being provided for free, there should be no responsibility.
Google or Whatsapp would not want to face litigation from millions of consumers for losses suffered if they are down or have an outage, right?
This is very important for consumer-internet companies.
This is what Google says:
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
14.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
Here are Google’s terms of service for reference.
2. If the product is paid, responsibility should be limited to the subscription fee.
If the Service/App does not function as intended or its malfunction causes a loss to You (a “User”, the Company shall be liable to indemnify You for the losses incurred up to the extent of one month’s license fee.
3. The criteria for termination of the relationship should be clearly specified.
You can reach out to startup entrepreneurs and send them a few points on how they can improve their terms and conditions, and invite them to jump on a call to discuss more.
4. Where the enjoyment of services may be impacted by user misbehaviour, obtain consent to adhere to community standards
This is relevant for all social media platforms, any platform which offers a discussion forum, or opportunity to third parties to create content (e.g. start discussions, podcasts, blogs, videos, etc.)
This is how Spotify does it.
User Guidelines
We’ve established guidelines for accessing the Spotify Service, to make sure the Spotify Service stays enjoyable for everyone (“Spotify User Guidelines”). In accessing the Spotify Service, you must comply with the Spotify User Guidelines, as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties.
You may also need to add other policies such as Inappropriate Content policy. This is the policy of Google.
5. Refer to the privacy policy of the website. The privacy policy should comply with the relevant statute.
The terms and conditions must link to the privacy policy of the website. Many startups do not refer to the Privacy Policy.
6. Clarify intellectual property ownership
You do not want IP-related disputes with clients related to the service. For this reason, it is important to clearly identify which IP is owned by you.
There are many other things you can add – for example, a disputes clause, a termination clause, etc.
Here is a list of 30 clauses that you need to master so that you can review everyday contracts.
You can use this to identify what can be added. You will need to learn how to add the relevant clauses too.
But let’s say that you know how to do this.
Where/how can you find such work?
Here are some projects around the same on Upwork:
Using Upwork is only one strategy. There are other freelance platforms too.
The best way is to directly reach out to startup founders.
Imagine that you are writing to US startup founders, or other international startup founders.
Here is the message that you will send to its founders:
Hi xyz,
I have reviewed the terms and conditions of your website, and I noticed that a few key clauses like termination, representations and warranties and xyz (name 3) need to be added/need improvements.
For example, xyz clause does not cover abc scenarios, which could lead to legal responsibility for your startup even when your relationship with a customer has ended.
The clause ideally needs to be worded follows: _____
Not having essential clauses can lead to hidden legal risks, potential liability under consumer laws or issues with the national data protection regulators.
I can fix these things for you, if you are interested. Can we jump on a Zoom call to discuss this further, at <suggest a couple of time slots>, your time?
You may realise that the startup needs a few additional policies as well. Depending on the services that they provide, the policies may change.
For example, a country-specific privacy policy/privacy notice with relevant disclosures may be needed.
See Amazon’s disclosure under California privacy law here.
There are other policies too, for example:
- All websites need a cookie policy, because they save user behaviour and data on their system for subsequent sign-ins and to deliver relevant content.
- For platforms which have an ad-based revenue model, advertising standards and policies are required.
- Any social media company but any app where third parties interact with one another, including edtech companies will require community standards.
- OTT, edtech and content related startups will need additional clauses/notices around IP (see for Netflix here)
- Most consumer facing websites need a refund, returns and cancellation policy
If the startup founder is satisfied with your work, he could give you all these other policies to draft as well!
Even if you draft 1 policy for free just to build your track record, it could be the start of a great relationship.
Here are the 15 most important agreements that startups need assistance with:
- NDA / Confidentiality Agreements
- Business formation agreements
Could be a co-founders agreement, LLP Agreement, company incorporation agreements
- Employment Agreements and Consultancy Agreements
- Commission Agreements
- Leave and License / Lease Agreement
- IP Licensing contracts
- Memorandum of Understanding (MoU)
- Software Development Agreements
- Supply agreements
- Privacy Policy and Terms of Use for Website/ Apps
- End-User License Agreements
- Terms of Service for using Website/App
- Distribution Agreements
- Amendment Agreements
- Contractual letters, for example, a letter of renewal or extension, notice to cure breach, waiver letter, etc. are very common.
You could assist them with paralegal work as well!
The list goes on and on.
You just need to get started and then find a way in. .
I am giving you a goal if you would like to learn how to do this for US startup founders.
Reach out to 100 people
Everyday, send 5 cold emails, and follow up with 3 people.
Your follow up has to be relevant.
For example, if you message a startup founder how you can help them, but you receive no response, follow up with a different message – maybe share how you can improve their terms and conditions.
If you get no response, follow-up, but this time share an opportunity to be featured on a relevant podcast. We will show you how to do this.
Hi xyz,
Congrats on achieving _____ milestone (such as securing funding/launching a new product, etc.)!
I am a young lawyer/ law student deeply engaged in the startup ecosystem and would love to support your startup in any way I can. Can I help you with any of these:
- I can assist you to enter into appropriate documentation with employees, consultants, suppliers and other third parties so that your IP and other legal interests are protected
- I can assist you to create and implement implement stock option plans for key employees so that you can attract high-performing talent and incentivise them appropriately
- I can also help you have essential documents in place and prepare for raising your next round of investment, assist you with term sheet negotiation
- I will also be happy to connect you with podcast hosts to get word out about the awesome work that you do
There are a few things that need to be improved in your terms of service to minimise your legal risks as well – I can help you with that too.
Just hit yes so that I can share a couple of time slots for a Zoom call with a 15 day plan to fix all this.
All I want in exchange is your positive review on my LinkedIn/ Upwork profile.
Don’t just send “gentle reminders” and beg for a favour. Add value with every follow-up.
If you do this well, at least a couple of them out of every 10 people will respond to you.
However, this will work only if you know how to do the work, once you get the mandate. Otherwise, you will end up wasting time.
99% of the people do not do this, even after knowing the strategy. That is why for our students we make them spend some time doing this in class itself, so that they get a hang of it.
They continue it at home, once they get a hang of it.
Now, imagine that you do this, and get a response.
How will you convert it into a paid assignment? You have to establish that you know how to do the work.
Our students upload their assignments as work samples on Upwork, send them to potential clients so that they can be convinced of their ability to do the job. Most other people have no work samples.
Now, imagine that the startup founder wants to give you a trial assignment.
How will you ensure that you are in a position to do the work?
Our students learn and practise these things beforehand and get feedback on their assignments. They are confident because they have already done the work earlier in their course.
This makes it easier for them not just to get work, but to do the work as well.