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Startup Law A to Z: Customer Contracts – TechCrunch



Your startup needs customers to survive. If and when you make sales or generate installs, you are wading into the fast moving stream of commerce and exposing yourself to risk. Well-drafted customer contracts limit your liability and create legally enforceable rights to get paid for your work. In fact, contracts are actually dispute prevention mechanisms, forcing parties on either side to clearly define what is supposed to happen in advance, aligning expectations and increasing the likelihood that all goes according to plan.

So developing a working understanding of contracts generally, a deep understanding of your core customer contracts specifically, and hiring a competent lawyer to draft key contracts from the beginning, together represent an investment that will pay dividends over the life of your startup.

This article, the third in Extra Crunch’s exclusive “Startup Law A to Z” series, follows previous articles on intellectual property (IP) and corporate matters. If you are tuning in now, this series is designed to provide founders enough information to intelligently analyze business circumstances vis-à-vis certain common legal issues startups face. These articles are detailed and admittedly lengthy, but the concepts discussed are critical for founders to understand deeply.

If after reading this or other articles in the “Startup Law A to Z” series, you identify legal risks facing your startup, then other Extra Crunch resources can help. For example, the Verified Experts of Extra Crunch include detailed profiles of “Verified Expert Lawyers” – some of the most experienced and skilled startup lawyers in practice today. You can and should use these resources to identify attorneys focused on serving companies at your stage with experience in the particular matters at hand and simply reach out for further guidance.

The Customer Contracts checklist:

Contract Law Generally

  • Contract Formation
  • Term and Termination
  • Breach and Remedies

Terms of Use vs. End User License Agreements

  • Distinctions and Key Provisions
  • Enforceability through Click-Wrap Agreements
  • Notice of Amendments and Revisions

Privacy Policies

  • State, Federal, International Laws:
    • CCPA
    • CalOPPA
    • Required under Cal. Bus. & Prof. Code § 22575(a)
    • FTC (COPPA, HIPAA, Gramm-Leach-Bliley Act)
    • GDPR
  • Disclosure and Enforceability


  • Mutual vs. One-Way
  • Definition of Confidential Information
  • Residual Clauses
  • Non-Solicit and Non-Competes

Master Services Agreements and Service Level Agreements

  • Y-Combinator “Sales Agreement” / MSA Template
  • Deal Terms, Legal Terms, Boilerplate Terms
  • Legal Terms Explained:
    • Warranty and Disclaimer
    • Indemnity (and Insurance)
    • Limitation of Liability

Contract law generally

What is a contract? Any law student preparing for the bar exam will tell you, in monotone: “a contract is a promise or set of promises, for breach of which the law provides a remedy, or the performance of which the law recognizes as a duty.”

Simple enough, but which law? For contracts, it is primarily the “common law” which governs contracts, that is, law derived from judicial decisions and not government-enacted statutes (historical background courtesy of UC Berkeley). That said, contracts for the sale of “goods” are governed by specifically promulgated rules set forth in the Uniform Commercial Code (or “UCC”). And yes, in certain circumstances, courts have found that software may be considered “goods” for this purpose, see On Contracts.

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10 Of The Most Incredible Cars In Lionel Messi's Collection



Lionel Messi is known for decades of on-pitch excellence, and his success has allowed him to build a very enviable car collection.

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10 Unexpected Uses For Your Smart Speakers



Just as you can use your smart speaker to help train your brain, you can use your smart speaker to train your body. Your smart speaker can help you to curate workout routines through the use of any number of apps available through Amazon’s Alexa or without any extra skills on Google Home. Unfortunately, it isn’t currently possible for Apple HomePod users to take advantage of a potential Apple subscription in this context, as Apple Fitness+ doesn’t currently support use with the HomePod.

However, on Google Home and Alexa, through voice-activated commands, your smart speaker can guide you through exercises with precision. It can provide step-by-step instructions for various workouts, ensuring proper form and technique to maximize effectiveness while reducing the risk of injury.

Going further, your smart speaker can help you keep up with how you’re doing with your goals throughout the day if you own a Fitbit. By connecting Alexa and your Fitbit, you can ask your smart speaker a plethora of questions, including how far you’ve walked in a day, how many calories you’ve burned, or what your resting heart rate is.

Achieving fitness goals isn’t just about exercise; it also involves proper nutrition. Tying back to using your smart speaker as an infinite cookbook, your smart speaker can provide dietary advice, suggest healthy recipes, and even create meal plans that align with your fitness objectives.

By connecting all of these separate pieces, your smart speaker can quickly become a hand-in-hand companion for helping you to stay on top of your fitness goals. Whether it be through reminders for workouts and meals or just staying up to date on your progress toward your goals on any given day, your smart speaker can have your back for all of your fitness needs.

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The Most Luxurious Features Of Mazda’s Most Expensive Vehicle



The base Mazda CX-90 is less potent with its 280-horsepower 3.3-liter inline six. Still, it has many standard kits like smartphone connectivity, a 10.25-inch infotainment touchscreen, 19-inch wheels, tri-zone automatic climate control, LED headlights, and many more. Meanwhile, the CX-90 PHEV has 323 horsepower from its 2.5-liter four-cylinder engine, plug-in hybrid electric motor, and 17.8 kWh battery while having more tech goodies like a digital instrument cluster.

But to compete with the BMW X5, Kia Telluride, or Mercedes-Benz GLS, the Mazda CX-90 needs more than fancy climate controls and oversized alloys. The top-of-the-line CX-90 3.3 Turbo S Premium Plus trim has 21-inch wheels, second-row captain’s chairs with a center console, genuine Nappa leather upholstery (in tan or white), a two-tone leather steering wheel, maple wood trim, front & rear foot lighting, and a suede-like dashboard with Kakenui-inspired hanging stitches that feel soft and supple to the touch. Moreover, it has ventilated front and second-row seats with an additional heating feature for the second-row chairs.

Meanwhile, it has a 12.3-inch infotainment touchscreen, a 12.3-inch digital instrument cluster, body-color wheel arch moldings, and adaptive front LED headlights. The advanced driving assistance tech list includes adaptive cruise control, frontal collision mitigation, blind-spot warning, lane-keeping assistance, a rear seat reminder, driver attention monitoring, front cross-traffic alert, and a 360-degree surround-view monitor.

The good news is the Mazda CX-90 starts at around $41,000 with destination, but you’ll need to fork over about $61,500 for the top-of-the-line 3.3 Turbo S Premium Plus. It’s a lot of money for a Mazda crossover, but it makes up for it with nifty handling, a roomy interior, plenty of available luxury features, and head-turning style.

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