How do you compare two offers for your company data?
Put the offers side by side on the same points: how much, when it is paid, whether it is exclusive, what it covers, who removes personal information, what happens to the data afterwards, and who carries the risk. The higher number is not always the better deal, and a lawyer should review both before you choose.
Why compare more than the price?
Two offers with the same headline figure can be very different deals. One may pay at signing for a narrow, non-exclusive license. Another may pay months later, take exclusive rights to more systems, and ask you to cover the buyer's losses if anything goes wrong. A simple table makes those differences visible.
It also helps to make sure you are comparing the same thing. If one offer covers email and chat for ten years and the other covers only support tickets for three, the prices are not directly comparable. Ask each buyer to quote on the same scope where possible.
What goes in the comparison table?
Use one row per item and one column per offer. Fill in each cell from the written offer or draft contract, not from a sales call.
- Amount: upfront payment, revenue share, or both; any minimum or cap
- Timing: what triggers payment and how many days after
- Exclusivity: whether you can license the same data to anyone else, and for how long
- Scope: which systems, date ranges and record types; whether future data is included
- Permitted use: training, evaluation, resale to others; any limits on recipients
- De-identification: who does it, where, to what standard, and whether you approve a sample
- Deletion: when raw and processed copies are deleted, including backups, and whether it is certified
- Liability and indemnity: what promises you make, who covers which losses, and any caps
- Payment terms: any fees, money held back until later, money the buyer can take back, currency and how payment is made
How do you compare upfront money with revenue share?
An upfront payment is known and immediate. A revenue share depends on how well the buyer resells the data, which you cannot see in advance. Some offers combine the two. When comparing, treat the upfront figure as the reliable part, ask how revenue share is calculated and reported, and check whether you can audit it. The guide on upfront versus revenue share covers this in more detail.
How much does exclusivity matter?
A lot. Published programs differ: some are non-exclusive by default, some are exclusive by default, and some set it deal by deal. An exclusive offer should usually pay more, because it stops you from licensing the same records elsewhere. Check how long exclusivity lasts and exactly what it covers.
What about deletion and liability?
These terms decide your risk after the money arrives. Legal commentary on AI licensing recommends that deletion cover backups and other copies and be certified in writing, and that indemnity cover privacy problems as well as intellectual property claims.
Indemnity means one side agrees to make up the other's losses in certain situations. If an offer asks you to indemnify the buyer broadly, with no cap, for any problem with the data, that can outweigh a higher price. Your lawyer should compare these clauses directly.
What should you do next?
Send each buyer the same list of follow-up questions so the answers line up. Ask for draft contracts, not just term summaries. Then review the table with your lawyer and, if taxes or a wind-down are involved, your accountant. Do not let a deadline on one offer stop you from finishing the comparison.
Keep a note of why you chose one offer over another. If questions come up later from owners, investors, a trustee or a court, a short written record of the comparison is useful.
A free offer comparison worksheet (Excel and PDF) lays three offers side by side: free worksheets.
Common questions
Should we always take the higher offer?
Not automatically. Payment timing, exclusivity, scope and liability can make a lower offer the better deal.
Can we use one offer to negotiate the other?
Usually you can tell a buyer you have another offer, but check any confidentiality terms before sharing details.
What if the offers cover different systems?
Compare them on the overlap, then look at what each one leaves out. You may be able to license different systems to different buyers if neither deal is exclusive.
Do we need a lawyer to compare offers?
Yes. This page helps you organize the comparison, but the legal terms need professional review.
Sources
- Key IP Licensing Considerations in AI Technology Agreements - Best Lawyers, Aug. 19, 2026, accessed 2026-10-15
- Indemnity - Legal Information Institute, Cornell Law School, accessed 2026-10-15
- Buyer program FAQ (exclusive by default) - prism.labelbox.com/faq, accessed 2026-10-15
- Buyer program page (non-exclusive by default) - datacorpus.ai/how-it-works, accessed 2026-10-15
General information, not legal, tax or financial advice.