I heard back from the company and they stated below - am I stupid to continue?
Firstly, you do understand that if you were given equity, it would be “vested” over a 4 year period. No one in no company or start up is given straight equity. This means, should you have worked with BiteMiles Ltd. for 1 year, your equity would have started vesting and you would have 1/4 of the agreed upon %. It is really your own fault that you did not turn up to the compensation committee meeting. ( http://www.quora.com/What-does-4-years-vesting-with-1-year-cliff-mean
Secondly, if you wanted to have ownership over the work you have made whilst working for BiteMiles Ltd., you should have made us sign a freelancer contract stating so. Since you did not, and since you do not consider yourself ever working as an “employee” of BiteMiles Ltd., what you have done is merely volunteered your time. And that’s your own issue.
As previously stated. I would like to bring your attention to a section from the NDA that you signed. It is clearly stated in 2. and 3. that you have no right over the work you have produced whilst working for BiteMiles Ltd. Any and all deliverables are ownerships of “The Company,” i.e. BiteMiles Ltd.
2. The Employee hereby assigns to BiteMiles Ltd. all of the existing and future Intellectual Property Rights in the Deliverables. This assignment is for the full term of the assigned rights, including all extensions, renewals, reversions and revivals.
3. To the maximum extent permitted by applicable law:
a. The Employee irrevocably and unconditionally waives all moral rights (including rights of paternity and rights of integrity) in respect of the Deliverables to which the Employee may at any time be entitled; and
b. The Employee undertakes to ensure that all individuals involved in the preparation of the deliverables will irrevocably and unconditionally waive all moral rights (including rights of paternity and rights of integrity) in respect of the Deliverables to which they may at any time be entitled.
Now if you wish to take this to a lawyer, please feel free to do so.