A couple months later our founder has another possible investor and we go through a Due Diligence again. This time we were already wary from our first DD (plus the investor had a bit of a reputation of being a scammer in the past) and lo and behold their IT guy wants to have full access to our software packages / pipeline, source code and databases, so they "can assess the quality". (...) I didn't end up giving them any of our source code, which they were fine with after a while. This whole spiel went on for another month where they "focused" more on other processes. Eventually they went quiet and their CTO asked me privately if I wanted to jump ship to join them, because they need someone with my expertise...
Does this happen often or did we just have some bad luck? Also has anyone ever been asked to provide the source code to their product? (that seemed kind of outrageous to me)
Plus I think a write-up of guide lines or red flags that one should watch out for during a DD or when talking to a VC might help more than just name calling. What worked the last time: Google their names and go past page 1 (Most seem to know how to alter their search results)
That's just one sided. They can steal your ideas (because they didn't signed the relevant NDA), and you can't even name the bastards if they do?
I have zero experience in this stuff, but it looks like in this situation, one should either refuse to sign this sort of non-disparagement clause, or have them sign the relevant NDA.
We've had our own little revenge though. The competitor is funded well but has a very weak technical team. We used numerous holes in their systems to obtain critical data about their business. Shall we use it or not is another moral question, but it gave us great insights and let us adjust our strategy without spending our own or VC's money and time on getting to know it.