Will you sign an NDA?

Written by

Contic

Read time

2 minutes

A hand signing a printed document at a wooden desk.

Yes, we’ll sign a reasonable non-disclosure agreement (NDA) before you share the details of your idea. But an NDA protects less than most founders expect. What really protects you is the IP assignment in your build contract, and owning your code and accounts.

We’ll sign one

Send yours over, or ask for ours, and we’ll sign it before the first chat. Keeping things confidential is already part of the job.

You don’t need an NDA to get a useful first conversation, though. You can describe the problem, the customer and the size of the opportunity without giving away anything secret. Plenty of founders do exactly that, then share the detail once they’ve decided we’re worth talking to.

Why ideas are rarely stolen

It’s a fair worry, and it costs nothing to take seriously. But it helps to see the idea from the other side of the table.

An agency is paid to build other people’s ideas. Stealing one would mean funding the build itself, finding the customers, and wrecking a business that runs on referrals. That’s a lot of risk for something it could be paid to do instead.

And the idea is the cheap part. Good ideas rarely belong to one person for long. What separates the people who share one is execution:

  • choosing what the first version does, and what it leaves out
  • getting it in front of real customers quickly
  • learning from what they do, and changing course fast
  • keeping going when the first version disappoints

An idea in a drawer is worth very little. The same idea, shipped and learning from real users, is a business. That’s the part worth guarding, and an NDA doesn’t do it for you.

There’s one real exception. If you have a genuine secret, like an algorithm, a unique data source or a possible patent, keep it out of early conversations. Talk to a patent attorney before you share an invention with anyone, us included.

What actually protects you

An IP assignment in the contract. In the UK, whoever writes code owns the copyright, unless they’re your employee. An agency isn’t. So by default it owns what it writes for you, even after you’ve paid.

You only own it through a written, signed assignment. That clause matters far more than any NDA. With LaunchPad, your company owns the code and IP we write. Do I own the code and IP? covers what that includes.

Owning the code and accounts. A copyright you can’t reach doesn’t help much. At launch, your GitHub repositories, AWS account and app store listings are yours, and each can be transferred. Nobody can hold your product hostage.

Do I get access to the code, CMS and analytics? explains what you can see, and when.

What to check in any build contract

Whoever builds your product, look for these before you sign:

  • An IP assignment clause, covering code, designs and documentation.
  • When it takes effect. Some only apply once every invoice is paid.
  • Subcontractors. Their work should be assigned to you too.
  • Accounts in your name, or a clear promise to transfer them at launch.

Our guide to who owns your code explains the law behind each one. It’s general information, not legal advice, so take a solicitor’s view on your own contract.

Who owns the code when an app developer builds it for you?

Want the long answer?

Read more

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