'Testing the waters' lets founders gauge investor interest prior to completing legal compliance work. They're able to launch a pitch, spread the word,1 and have supporters reserve spots in their offering.2
1. Founders must include this disclosure in all public communications (emails, ads, posts, etc.) before filing their legal work – they'll have to file screenshots of each communication alongside their Form C! They must also direct people to their Wefunder pitch page to see any offering terms. All advertising guidelines here.
2. Reservations are non-binding – no money is sent to the company. Once a company finalizes its contract terms and finishes all other legal disclosures, investors will receive an email asking them to confirm their investments.