Non-disclosure agreements (NDAs) are a standard part of the startup acquisition process. They protect sellers from having sensitive business information shared publicly or used by competitors, and give buyers confidence that the information they receive is accurate and comprehensive.
Why NDAs Are Used
When a seller lists their startup, they often can't share full financials, customer lists, or technical details publicly. An NDA creates a legal obligation for the buyer to keep that information confidential, enabling the seller to share the information needed for a buyer to make an informed decision.
How NDAs Work on Acquirly
- The seller marks which of the listing's documents require an NDA. Financial and legal documents require one by default.
- A buyer who wants access clicks Sign NDA & Request Access on the listing.
- The buyer reviews and digitally signs the NDA.
- The seller is notified by email and in their dashboard, and approves or declines the request under NDA Requests.
- Once approved, the buyer is emailed and gains access to the listing's NDA-protected documents, such as detailed financial statements. Headline figures like revenue and profit are shown on every listing without an NDA. A declined buyer can sign again to send a new request.
- The seller can revoke an approved NDA at any time. A revoked NDA cannot be requested again.
What Does the NDA Cover?
Acquirly's standard NDA covers:
- Financial information (revenue, expenses, customer data)
- Technical information (source code, architecture, proprietary methods)
- Business relationships (customer names, supplier agreements)
- Any other information marked as confidential by the seller
Do I Need an NDA to Make an Offer?
No. A buyer can make an offer on any active listing without signing its NDA. The NDA only unlocks the listing's protected documents.
Is the NDA Legally Binding?
Yes. Acquirly's NDA is a legally binding contract. By signing, the buyer agrees not to disclose or misuse the seller's confidential information. The NDA remains in effect for 3 years from the date of signing, regardless of whether a deal is completed, and access to protected information ends when it does.
Can Sellers Use Their Own NDA?
Not on the platform. Every listing uses Acquirly's standard NDA. If you need stronger or different terms, agree them with the buyer directly, for example before sharing anything outside the platform.
What If a Buyer Violates the NDA?
If you believe a buyer has violated the terms of the NDA, contact our support team immediately. Breaches may result in account suspension and may be subject to legal action. Acquirly can provide documentation of signed agreements to support legal proceedings.
Do I Need a Lawyer to Sign an NDA?
You don't need a lawyer to sign Acquirly's standard NDA, but we recommend consulting legal counsel for high-value transactions or if you have specific confidentiality requirements.