Mutual NDA

Before any Statement of Work is signed, you and Witsberry may need to discuss your product, business, or technical details in enough depth to scope the work properly. This mutual NDA protects whatever either side shares during that conversation, in both directions, whether or not the engagement goes ahead.

Any non-public business, technical, financial, or product information either party discloses to the other, in writing, verbally, or by giving access to a system or document, that a reasonable person would understand to be confidential given its nature or the context of disclosure.

• Use the other party's confidential information only to evaluate a possible engagement.
• Protect it with at least the same care used to protect their own confidential information, never less than reasonable care.
• Not disclose it to anyone outside their own team without prior written consent, and only share it internally with people who need it for this evaluation.
• Not use it to compete with, or build a product against, the disclosing party.

Information that's already public, was already known to the receiving party without restriction before disclosure, is independently developed without reference to the disclosed information, or must be disclosed by law or court order, with notice given first where legally possible.

This agreement covers information disclosed during the 12 months following the date both parties agree to it, and the confidentiality obligation on that information continues for 3 years after it was disclosed. If a Statement of Work is later signed, Section 5 of our Terms of Service takes over from that point.

Signing this NDA does not commit either party to move forward with a project, and does not grant either party any license, ownership interest, or right in the other's intellectual property beyond what's needed to evaluate the potential engagement.