what is a statement of confidentiality in a business plan

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Writing a Business Plan Confidentiality Statement

Business Startup Checklist

Free Confidentiality Statement Template (NDA)

Ayush Jalan

  • December 12, 2023

Confidentiality Statement for Business Plan

Every company has a unique identity that sets it apart from its rival companies in the industry.  It is a combination of various aspects: The way you set your goals , your marketing strategy, your manufacturing process, or your entire business plan.

As crucial as it is to create a business plan that helps you stand out, it is perhaps just as crucial to protect your plan from any potential intellectual property theft. This is where a confidentiality statement for your business plan helps you safeguard your valuable assets.

A business plan confidentiality statement is a document that states that the information disclosed to the recipient can’t be disclosed to anyone outside the agreement. It is an agreement made between two parties before they enter a deal or exchange any sensitive information which is confidential.

Why Do You Need a Confidentiality Statement?

Even though trust is essential between partners or investors, there’s always a need to stay cautious while handing over your business plans. Even though the organization you plan to work with values confidentiality, everyone involved in it may not.

Your business plan is one of the most elaborate and classified documents. Before disclosing any information, the first and foremost thing is to sign a confidentiality statement. This will avoid the misuse of any information disclosed between the two parties.

How Does a Confidentiality Statement Protect You?

When a confidentiality statement is signed, it is agreed by both parties that they will not expose any of the information that is discussed or presented in the business plans. Additionally, the document should also mention the penalties in case of a violation of the agreement.

If the other party violates the statement of confidentiality, you can proceed legally and receive compensation for the damages you had to bear because of the violation. As per the contract, the compensation is paid.

The absence of a confidentiality statement is an invitation for others to use parts of your business plan. Although copyright laws can help you claim most of your information, some, still, stay unprotected.

Creating a Confidentiality Statement for the Business Plan

confidentiality statement of a business plan

Most companies include a brief confidential statement on their business plan cover page. Although it is not a requirement, it delivers a quick message that the document is highly classified. Furthermore, it is essential to create an exclusive document.

To write a stringent confidentiality statement for your business plan, these are the elements that you must include:

1. Date of Effect

The date of effect is the date from which the confidentiality statement becomes active. An agreement is not valid until all the parties sign it; the date of effect follows this.

2. Parties Involved in the Agreement

It is crucial to specify the parties that will sign the agreement. If someone, you want as a part of the confidentiality statement, hasn’t signed it, they’re not bound by the clauses mentioned in the document.

For instance, two companies are getting into a contract, and the CEOs, representing the entire company, are signing the document, it is essential to mention that all employees are also bound by the agreement even when they haven’t signed it.

3. Agreement Terms

Describe and mention all the terms that both parties are agreeing to. This is a crucial part of the agreement and hence, requires confidentiality. Anything that isn’t included is not protected.

Here, you can also include that the recipient needs written consent from the disclosing party—the owner of the information, in case any information needs to be disclosed to a third party who isn’t a part of the statement of confidentiality.

4. The Non-Confidential part

Along with mentioning the confidential part of your business plan, you also mention the non-confidential part of the agreement. In most cases, there’s a lot of information that is acquired from other sources. This information won’t show under confidential.

Information relevant to the receiving party won’t list under confidential, some of these are:

  • The information they owned before the agreement
  • If they legally received it from another source
  • The information they need to disclose in a lawsuit or administrative proceeding
  • If they have developed or are developing the information.

5. Consequences in case of Agreement’s breach

Here, you mention all the legal consequences that will follow if the receiving party violates the agreement. This can include the procedure and the monetary penalties. According to the uniqueness of the information exposed, the compensation can vary.

6. Limits of the Usage of Information

The objective of a statement of confidentiality is to restrict the usage of the information that is disclosed to the recipient. Here, you mention the extent to which the information can be used. Also, specify the standard of security that needs to be followed while handling confidential information.

7. Date of Termination

Every agreement has an expiry date, after which both parties are free of the binding clauses. This termination date is set based on various factors like the end of the partnership, the end of a project or an event, or simply the end of the period mentioned in the agreement.

8. Miscellaneous Clauses

This part of the agreement is usually at the end of the document, which includes any other clauses that don’t necessarily fit into the above categories, but the owner of the information wants to include.

9. Signatures of all Parties

Clearly, this is the most important part of an agreement. Without the signatures of all the parties, the document is pointless and of no value. The agreement, as mentioned previously, can’t go into effect unless everyone involved signs it.

We have written a confidentiality statement example for you, including the above-mentioned elements. This will help you get a better understanding of how to write a confidentiality statement for your business plan.

Business Plan Confidentiality Statement Example (Key Points)

This BUSINESS PLAN NON-DISCLOSURE AGREEMENT (hereinafter known as the “Agreement”) between ______ (hereinafter known as the “Company”) and ________ (hereinafter known as the “Recipient”) becomes effective as of this ____ day of ____, 20___ (hereinafter known as the “Effective Date”).

Article III: Term

– The Recipient’s obligations of non-use and non-disclosure concerning Confidential Information will remain in effect in perpetuity. – The Recipient’s obligations of non-use and non-disclosure concerning Confidential Information will remain in effect for ____ years from the Effective Date.

Article VIII: Governing Law

This Agreement shall be governed by the laws of the State of ____________, without regard to conflict of law principles.

Article XII: Notices

Company’s Address ______________________________

Recipient’s Address ______________________________

Representative Signature: Date: Representative Printed Name: Representative Title:

Recipient Signature: Date: Recipient Printed Name:

Protect Your Information with a Confidentiality Statement

As a business owner, it is a duty to protect your ideas and marketing strategies . Create a confidentiality statement for your business plan and ensure that your business interests are safe and in good hands.

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About the Author

what is a statement of confidentiality in a business plan

Ayush is a writer with an academic background in business and marketing. Being a tech-enthusiast, he likes to keep a sharp eye on the latest tech gadgets and innovations. When he's not working, you can find him writing poetry, gaming, playing the ukulele, catching up with friends, and indulging in creative philosophies.

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Home » Business Plan Tips

How to Write a Business Plan Confidentiality Agreement

Are you about pitching your idea to investors? If YES, here is a detailed guide on how to write an ironclad confidentiality agreement for a business plan. Confidentiality statements are documents that are prepared for the safety of parties that are about to go into a business contract.

Also known as non-disclosure agreements, confidentiality statements help to preserve sensitive information that various business parties might bring to the table when transacting business. Business confidentiality statement in essence is a document that states that when a company’s business plan has been revealed, they will not be able to discuss the contents of it with anyone that is not part of the agreement.

Confidentiality or nondisclosure agreement has various uses in the world of business. An individual with a patentable invention or idea may need to enter into partnership with a manufacturer or marketing firm; and of course, he would want to keep his or her invention a secret.

Again, two companies considering a joint venture may need to share the names of their investors – but may not want those names to reach competitors’ ears. Confidentiality agreements can cover all these scenarios; the parties can tailor them to their specific needs before a meeting or negotiation, or over the course of a contractual relationship.

Tips to Note When Writing a Business Plan Confidentiality Statement

A. use the proper contract format.

The proper contract format that is generally used when writing a confidentiality statement is the standard contract format. In this writing format, single-spaced paragraphs with a double space between them is used. Each paragraph constitutes a separate term of the contract and are also numbered for specification. If you have any sub-paragraphs, indent them under the main paragraph and mark them with a letter, as though you were writing an outline.

B. Agreement type

There are two types of agreement to use when writing your confidentiality statement. A unilateral and mutual confidentiality agreement. A unilateral confidentiality agreement is used when only one party is disclosing information, while a mutual agreement is used when both or all parties involved are disclosing information.

You have to decide whether the confidential relationship established will be mutual or one-way. Mutual confidentiality agreements are necessary when you’re providing information to a company so they can provide you with something secret in return. For example, you may be disclosing your plans for a secret invention to a professional who will help you devise a marketing plan.

You need a one-way confidentiality agreement if you need to share confidential information with an employee or contractor who will not be sharing secrets of their own, simply doing work for you. There are also other scenarios where you may require either type of agreement, that is why you have to note the type of confidentiality agreement you need.

How to Write an Ironclad Business Plan Confidentiality Agreement

Provide a list of parties involved in the agreement.

When writing a confidential agreement, you must identify who are the parties to be covered by the agreement. If someone is to be involved in the agreement, but he or she is not listed, you must know that the agreement is not binding on them.

For example, if the agreement is between two companies, the CEO of the company may be able to sign for her entire company, but the agreement should also specify that all employees of the company who have access to the information are bound by its provisions.

Parties can be identified by referring to classes of people, such as “employees” or “engineers,” as long as the person signing the agreement has the authority to bind those people.

Unless the agreement forbids a contractor to have a subcontractor assist with the work, all subcontractors should be included as parties to the agreement as well. This is done so as not to leave any loopholes behind that people can take advantage of.

Describe what the other party is agreeing to

In this part, you need to make known the types of information you wish to keep confidential. This can include any sort of information that might be exchanged between the parties. For instance, if you are designing a software, you might include not only the code and design of the app itself, but also any prototypes, testing procedures and results, or reviews and comments from designers.

This portion of the agreement is designed to set the boundaries of confidential information without disclosing the information itself. It can also be stated that information cannot be disclosed without written consent of the Disclosing Party. The information should only be used for business purposes, and only on a “need to know” basis. And that the information can only be disclosed when the receiving party signs a non disclosure agreement.

List information excluded from confidentiality

Of course not all information should be hidden in a business arrangement. So, for this reason, you need to specify the information that are not under confidentiality. These information may not be a list of specific things, but broad categories of information that don’t have to be protected as confidential. Most of these categories are created by law.

For instance, if an information is already public knowledge then it is not be put under the category of protection. Likewise, information that the receiving party learns from a third party or of which they had prior knowledge cannot be considered confidential, and should be listed as non confidential.

One of the most important exclusions is that if the receiver creates something independently before entering the confidential relationship, it cannot be considered party of the confidentiality agreement even if it happens to use or include some of the same or similar secret information or processes.

Other things that are not under the confidentiality agreement include;

  • An information the Receiving Party owned before the agreement
  • If the Receiving Party legally received it from another source
  • If the Receiving Party is required to disclose in a lawsuit or administrative proceeding
  • If it is being or has been developed by the Receiving Party’s employees, consultants, or agents.

Describe what happens if the other party breaches the contract

Wherever there is a law, there must be consequences for breaking it. A typical remedy for this type of contract is an injunction. You can ask for a court order to stop the person who breached confidentiality from continuing to share the information in violation of the agreement.

In some federal cases, under the DTSA, a court may grant the owner the right to seize the property which may be used in “extraordinary circumstances.” You may also require the return of Confidential Information.

You also have the ability to sue for damages incurred as a result of the breach of confidentiality, which may include penalties. For example, in some states you may have the ability to get double or triple damages if the breach was intentional rather than accidental.

Some confidentiality agreements include stiff financial penalties if secret information is revealed to the general public. Others leave the consequences up to a judge or arbitrator to decide. How detailed you want to get with penalties generally relates to how unique the information being disclosed is, and how damaging it would be if it got out.

Establish the obligations of the party receiving the information

Confidentiality agreements typically limit the ways the receiving party can use the confidential information provided, as well as provide the standard for keeping and protecting confidential information.

For example, if you’re looking for investor evaluations of something you’ve invented, your confidentiality agreement may specify that the information can only be used for the purposes of evaluating the product and not in the evaluator’s own business.

If you’re having an employee or contractor sign a confidentiality agreement, you would probably want to limit your employee’s use of information to the performance of job duties directly related to the employment.

Many confidentiality agreements recite that receivers must keep the information disclosed to them in the same way they would keep their own confidential information. However, this statement only works if the receiving party has a known policy for handling confidential information.

Generally, confidentiality standards include limiting access to the information and taking basic precautions to keep the information secure so it doesn’t easily fall into outside hands. Such precautions might include, for example, using encryption for emails discussing the confidential information.

If your confidentiality agreement relates to software designs, inventions or technology, it should include a statement that the receiver of the information has no license, expressed or implied, in the information by virtue of its disclosure.

State when the agreement ends

Whatever has a beginning must have an end, and same applies to a confidentiality agreement. In writing one, you have to specify when the agreement is going to elapse, and when the parties can get out of the loop. State when the agreement ends and what notice must be given to the other party about the termination. You can set one of two options for when the agreement ends:

Your agreement should specify two time periods: the period during which disclosure will be made, and the time period thereafter during which the information should be kept confidential.

American confidentiality agreements typically last for a period of five years, although some may only last two or three years. The end point doesn’t have to be a specific date, but there should be a specific date used as a starting point. Otherwise it’s unclear when the agreement will take effect and for how long it will be enforceable.

If your agreement specifies a confidentiality period of two years, for example, but fails to establish when that two year period starts, the receiver of the information can argue that she didn’t believe the agreement had gone into effect yet.

Another way to set a specific starting date is to have the confidentiality period start from the date the agreement is signed. If you use this method, make sure you don’t disclose any secrets until you have the signature and the agreement is in force.

The confidentiality time period also may end when a certain event happens. For example, if you’re seeking evaluation of a new product, the confidentiality period may end when you market and distribute that product in stores.

Add any necessary miscellaneous provisions

This section is typically located towards the end. The miscellaneous section is sometimes called boilerplate. All agreements contain various clauses that don’t fit in any other section, such as which state’s law will apply and whether attorneys’ fees will be available to an injured party if they agreement is breached. These agreements are then put under the miscellaneous section. This section, though negligent, but should not be overlooked because of the details it is wont to contain.

Provide space for all parties to sign the agreement

For your confidentiality agreement to be binding, it has to be signed. For this reason, you have to provide a page where parties involved in the agreement would pen down their signatures. Without the agreement signed, it cannot go into effect.

With the use of a confidentiality statement, otherwise known as a non-disclosure agreement, the parties can keep nonpublic information under wraps. These contracts bind the parties to very specific pledges on the disclosure of information and are enforceable under the laws of the state where they are created.

More on Business Plan Tips

Business Confidentiality Statement

Its a tool that businesses use when they discuss their business plan with others who will be given information that the company wishes to keep a secret. 3 min read updated on February 01, 2023

A business confidentiality statement is a tool that businesses use when they discuss their business plan with others who will be given information that the company values or wishes to keep a secret. In essence, it is a document that states that when a company's business plan is seen, they will not be able to discuss the contents of it with anyone outside of the agreement.

Confidentiality statements may also be referred to as non-disclosure statements that sales representative and other employees often sign but are typically used in regards to exposure to a company's business plan. They are intended to provide protection for both parties involved in a business plan or transaction.

How Can a Confidentiality Statement Protect You?

In every confidentiality agreement, there should be a provision that states that both parties will not disclose any of the information they are about to discuss or see in a business plan. In addition to that, there should also be a provision that covers damages which will occur in the event that a party breaches the agreement. This is often a place to list the monetary liability the party may be sued for.

If you do not have a confidentiality agreement in place when you write your business plan, then you are opening the door for anyone who sees your business plan to use parts of it without your permission. While copyright law may protect a large amount of it, not all of it will be protected.

If you do have a confidentiality agreement in place and someone does breach it , you will be entitled to some form of compensation and be able to possibly obtain a judgment from the breaching party. If you do not have an agreement in place, the courts are not likely to give you any damages if someone were to steal your idea.

When Do You Need a Confidentiality Agreement?

It is good practice to have a confidentiality agreement anytime that you make a business plan. Some of the benefits of having a confidentiality agreement include:

  • You can make sure that your financial information stays private.
  • You can protect your ides even though the plan may need to be seen by multiple parties.

You should request a signed confidentiality agreement when showing your business plan to anyone, even to a bank. Even though they work for an organization that values confidentiality, it does not mean that everyone working there will be ethical. Always make sure the agreement is signed before handing the business plan over.

Confidentiality Statement Business Plan

The downside of requiring a confidentiality agreement for your business is that it may turn off investors as it can signal distrust. They may feel that you think they plan on stealing your idea and may not be comfortable providing funds for the investment. Other reasons that you may choose not to use a confidentiality agreement include:

  • It can make it seem as though you are a novice.
  • Some people may find it offensive.
  • You may not be able to secure funding and keep it confidential.

Who Signs a Confidentiality Statement of a Business Plan?

In typical fashion, confidentiality agreements would precede or accompany a business plan submission. When requiring the signing of a confidentiality agreement, you should require signing by anyone who you anticipate will see the plan to ensure the information contained in it is confidential.

Considerations

There are some considerations that need to be made before deciding to use a confidentiality agreement. The first is that your confidentiality agreement is not only protecting an invention, but it also should be used to protect:

  • Business ideas.
  • Strategies.

Until you have received financing or the investment you need to get your business started, anyone will be able to create an identical business without having to ask permission.

It is also important when drafting a confidentiality agreement that it is simply stated and clearly outlines what needs to be protected and what can occur if the agreement is violated. The agreement should be non-intimidating in its verbiage. you can use this agreement for anyone who you may be in contact with about your business before it is stared such as financers, clients, and potential vendors.

If you need help with a business confidentiality statement, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

Hire the top business lawyers and save up to 60% on legal fees

Content Approved by UpCounsel

  • Confidentiality Agreement
  • Purpose of a Confidentiality Agreement
  • Confidentiality Contracts
  • Penalty for Breach of Confidentiality
  • How to Draft a Confidentiality Agreement
  • Drafting Confidentiality Agreements: What You Need to Know
  • Confidentiality Clause Sample
  • Confidentiality Agreement Law
  • Confidentiality Agreement for Business Partners
  • Confidentiality Agreement Consideration

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Understanding Business Plan Non-Disclosure Agreements (NDA)

Written by Dave Lavinsky

Growthink.com Business Plan Non-Disclosure Agreements

When it comes to starting or expanding a business, creating a comprehensive business plan is crucial. A business plan is a written document that outlines the goals, strategies, financial projections, and other key details of a business venture. However, sharing sensitive business information, such as trade secrets, proprietary methods, or financial data, with potential investors, partners, or employees can pose risks. That’s where a Business Plan Non-Disclosure Agreement (NDA) comes into play.

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This article will explain to you what an NDA is and provide a sample NDA. However, before discussing that, it is important to note that most investors and lenders will not sign an NDA. So,  you’ll need to keep that in mind.

Typically on the cover of a business plan , we’ll include the following:

CONFIDENTIAL 

This document includes confidential and proprietary information of and regarding [Your Company Name].  This document is provided for informational purposes only.  You may not use this document except for informational purposes, and you may not reproduce this document in whole or in part, or divulge any of its contents without the prior written consent of [Company Name]. By accepting this document, you agree to be bound by these restrictions and limitations.

While such a statement is far from 100% legal protection, it may provide dissuade readers from divulging information about your business plan and company.

What is a Business Plan Non-Disclosure Agreement

A Business Plan Non-Disclosure Agreement, also known as a Confidentiality Agreement or NDA, is a legal contract that aims to protect the confidential and proprietary information shared in the plan from being disclosed or used by third parties without authorization. It establishes a legally binding agreement between the parties involved, and it helps to ensure that the sensitive information shared in the business plan remains confidential and is not misused.

The main purpose of a Business Plan NDA is to safeguard the intellectual property and confidential information of a business. This may include, but is not limited to:

  • business strategies
  • financial projections
  • marketing plans
  • customer lists
  • trade secrets
  • proprietary technology
  • other sensitive information that gives a business a competitive advantage 

By signing a Business Plan NDA, the recipient agrees to keep the information confidential and not to disclose, use, or exploit it for any purpose other than the intended business relationship.

What Key Elements are included in a Business Plan Non-Disclosure Agreement

A well-drafted Business Plan NDA typically includes the following key elements:

Definition of Confidential Information: Clearly specifying what information is considered confidential and protected under the agreement. This may include a broad or specific definition of confidential information, depending on the needs of the parties involved.

Obligations of the Receiving Party: Outlining the responsibilities of the recipient of the confidential information, including the duty to maintain confidentiality, restrictions on disclosure and use, and the requirement to return or destroy the information after the business relationship ends.

Permitted Disclosures: Identifying situations where the recipient may be allowed to disclose the confidential information, such as to legal or financial advisors, or as required by law.

Term and Termination: Establishing the duration of the NDA and specifying the conditions under which it can be terminated, such as by mutual agreement or by breach of the agreement.

Remedies for Breach: Outlining the consequences of breaching the NDA, such as damages, injunctive relief, or other remedies available under the law.

Governing Law and Jurisdiction: Specifying the applicable law and jurisdiction that will govern any disputes arising from the NDA.

Sample Business Plan Non-Disclosure Agreement:

Below is a sample business plan non-disclosure agreement (NDA). Since we are not lawyers, we recommend that have a lawyer review any NDAs you plan on using.

[Your Company Name]

[Recipient Name]

This Non-Disclosure Agreement (the “Agreement”) is made and entered into as of [Date] by and between Your Company Name (“Disclosing Party”) and Recipient Name (“Receiving Party”).

Definition of Confidential Information: The term “Confidential Information” shall mean any and all information disclosed by the Disclosing Party to the Receiving Party, including but not limited to business strategies, financial projections, marketing plans , customer lists, trade secrets, proprietary technology, and any other information that is not publicly available.

Obligations of the Receiving Party: The Receiving Party shall use the Confidential Information solely for the purpose of evaluating the possibility of a business relationship between the parties and shall not disclose or use the Confidential Information for any other purpose without the prior written consent of the Disclosing Party.

Permitted Disclosures: The Receiving Party may disclose the Confidential Information to its employees or advisors on a need-to-know basis, provided that such employees or advisors are bound by similar confidentiality obligations.

Term and Termination: This Agreement shall remain in effect for a period of [insert duration, e.g., 2 years] from the date of execution, unless terminated earlier by mutual written agreement or by breach of this Agreement. Upon termination, the Receiving Party shall promptly return or destroy all Confidential Information and provide written certification of such return or destruction to the Disclosing Party.

Remedies for Breach: In the event of a breach of this Agreement, the Disclosing Party shall be entitled to seek equitable relief, including but not limited to injunctive relief, as well as damages for any losses incurred as a result of the breach.

Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of [insert applicable jurisdiction such as “California”]. Any disputes arising out of or in connection with this Agreement shall be resolved exclusively by the courts of [insert applicable jurisdiction].

Entire Agreement: This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the Confidential Information.

Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

By signing below, the parties acknowledge and agree to the terms of this Agreement:

[insert name, signature and date lines]

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what is a statement of confidentiality in a business plan

Business plan non-disclosure agreement—How-to guide

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what is a statement of confidentiality in a business plan

by   LegalZoom staff

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Updated on: February 14, 2024 · 7min read

1. Overview

  • 2. Do's & don’ts checklist

3. Business plan non-disclosure agreement instructions

Non-disclosure agreements (also called NDAs or confidentiality agreements) have become increasingly important for businesses of all sizes, serving as the first line of defense in protecting company inventions, trade secrets, and hard work. These agreements are critical not only when confidential information has been wrongly disclosed but also when such disclosures have not yet occurred.

At their core, non-disclosure agreements build relationships of trust between two or more parties. The agreements contemplate situations in which at least one party shares confidential and proprietary information with the other and protects the immediate and future security of the disclosed information. Once signed, a non-disclosure agreement allows for open dialogue between parties, creating an environment in which information can be discussed freely and the true objectives of the meeting or relationship can be achieved (e.g., a company can be created, a strategic partnership can be established, etc.).

The enclosed document allows your company to reveal its business plans without worrying that a consultant will turn into a competitor. A written contract minimizes confusion, misunderstanding, and error and sets forth the parties’ expectations and fulfillment obligations. In every way, this promotes successful and profitable business arrangements. 

2. Do's & don’ts checklist

Creating a Business Plan NDA agreement is the first of many steps in maintaining and protecting your organization’s business plan and other confidential information. The following tips will provide additional guidance about protecting your company: 

  • Protecting proprietary information should be the rule and not the exception. Get in the habit of using a non-disclosure agreement any time there is a possibility sensitive information will be disclosed. 
  • Instruct all company employees and associates about the importance, security, and protection of confidential information. Wrongful disclosure can happen at any level of your organization. 
  • Many business owners hesitate to use non-disclosure agreements, fearing they imply suspicion of or doubt about the other party. This is a mistake. Non-disclosure agreements are common in modern business, and most people won’t blink if asked to sign one. If someone does object, ask yourself if you truly want to be in business with that person. 
  • Make at least two copies of the signed agreement, one for you and the remainder for the other parties to the agreement. 
  • Keep the signed non-disclosure agreement in a safe place. An executed agreement is useless if it can’t be found. 
  • Don’t rely on oral promises of confidentiality. They are hard to prove and are harder to enforce.
  • In addition to using a non-disclosure agreement, write “CONFIDENTIAL” in bold letters on your business plan and any other documents with proprietary information. This will remind everyone of the nature of the information and of their obligation to protect it.
  • Review the non-disclosure agreement carefully. One size does not fit all.

The following provision-by-provision instructions will help you understand the terms of your business plan non-disclosure agreement. The numbers and letters below (e.g., Section 1, Section 2(c), etc.) correspond to provisions in the contract. Please review the entire agreement before starting your step-by-step process.

  • Introduction of parties. Identifies the document as a business plan non-disclosure agreement. Write in the date on which the agreement will become effective (often the date on which it is signed). Identify the parties and, if applicable, what type of organization(s) they are. Note that each party is given a name (e.g., “Company”) that will be used throughout the agreement. The party disclosing its business plan is called the “Company,” and the party receiving the business plan is called the “Recipient.”
  • Insert the name of the company for which the business plan was created. If the company has not yet been formed, enter the name that will be used.
  • Provide a brief description of why the business plan is being provided to the recipient (for example, for consulting or accounting purposes).
  • Section 1: Confidential information. Defines “confidential information” for agreement purposes. Enter the number of days the Company has to give the Business Plan to the Recipient after the agreement has been signed and the number of days the Company has to identify verbal information as confidential. 
  • Section 2(a): Recipient’s treatment of confidential information. Explains how the Recipient will treat the confidential information. Note two important details: (1) the Recipient can use the information only for purposes intended by the Company (e.g., if the information was disclosed so that the Recipient could determine whether or not to make an investment, the information can be used only for that purpose); and (2) the Recipient can give the information only to certain individuals within its own organization.
  • Section 2(b): Business plan and tangible confidential information. Indicates how the Recipient must handle the business plan and physical representations of confidential information (e.g., drawings, disks, or reports, and not conversations or presentations).
  • Section 2(c): Exceptions. These are listed exceptions to the general rules in a non-disclosure agreement. This section details four situations in which a party’s disclosure of “confidential information” does not violate the agreement. First: if the “confidential information” has been made public by someone other than the Recipient. Second: if the “confidential information” had been provided to the Recipient in a non-confidential manner previously. In other words, the information was provided to the Recipient before he or she signed the agreement, during which time the information either was not considered confidential or was provided in a manner suggesting it was not confidential. Third: if the Recipient is legally compelled to provide confidential information. If this is the case, however, the Recipient must alert the Company immediately, so the Company may limit potential damage. Fourth: if the confidential information was independently developed by the Recipient without breaching the agreement. In other words, if the Recipient generated the same information without reference to protected data. The fourth exception is included because many financiers, investors, and business owners will require it.
  • Section 3: Term. States that the Recipient must treat the confidential information as confidential for a certain number of years after it is provided. Enter the number of years that you want this information to be protected.
  • Section 4: No license. Restates that the confidential information is being communicated for a specific business purpose only. In other words, the Recipient does not receive any ownership rights to the information through this agreement. 
  • Section 5: No publicity. Indicates that the Recipient and the Company will keep their dealings confidential. This is typically used for joint ventures, acquisitions, mergers, and similar arrangements, where disclosure of the relationship could diminish the value of a company or its business.
  • Section 6: Governing law and equitable relief . Allows one of the parties, often the Company, to choose the state laws that will be used to interpret the agreement. Note that this is not a venue provision: the included language will not impact where a potential claim can be brought. Please write the applicable state in the blank provided. The provision also allows the Company to seek equitable relief (i.e., court remedies requiring a party to perform or refrain from performing certain acts) for any violation of the agreement.
  • Section 7: Entire agreement. The parties’ agreement that the document they’re signing is “the agreement” about the confidential information. In other words, if previous agreements or promises surface, the signed agreement will control. The clause also requires changes to be in writing and signed by both parties.
  • Section 8: No assignment. Indicates that the Recipient cannot transfer his or her obligations under the agreement to a third party.
  • Section 9: Severability. Protects the terms of the agreement as a whole, even if one part is later invalidated. For example, if a state law is passed prohibiting choice-of-law provisions, it will not undo the entire agreement. Instead, only the section dealing with the choice of law would be invalidated, leaving the remainder of the agreement enforceable.
  • Section 10: Notices. Lists the addresses to which all official or legal correspondence will be delivered. 
  • Section 11: No implied waiver. Explains that if the Company ignores or allows the Recipient to break an obligation related to the confidential information, it does not mean the Company waives his future rights to enforce the same obligations.
  • Section 12: Headings. Notes that the headings at the beginning of each section are meant to organize the document, and should not be considered operational parts of the agreement. 

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Confidentiality and Nondisclosure Agreements Explained

August 9, 2023

In a confidentiality or non-disclosure agreement, parties agree to keep private nonpublic information received during a business relationship, including in the early stages of exploring a potential business relationship. The need for confidentiality and non-disclosure agreements arises in a wide variety of contexts, including mergers and acquisitions, joint ventures, sales and services, employment, and intellectual property licensing.

Once parties have established an ongoing business relationship, non-disclosure provisions are often negotiated and incorporated into the relevant transaction documents, which may replace stand-alone agreement, and are incorporated into the larger contract management workflow for the remainder of the contract lifecycle.

This article outlines essential information regarding confidentiality and non-disclosure agreements, including a succinct definition, the differences and scope of these agreements, and a downloadable confidentiality agreement template .

What is a confidentiality agreement?

Confidentiality agreements protect parties entering into business relationships or transactions that require the exchange of sensitive, private information otherwise inaccessible to third parties. Confidential information is the heart of any confidentiality agreement. For the agreement to adequately protect against unwanted disclosure, the parties must clearly describe the information or types of information they wish to protect and the scope of each party’s non-disclosure obligation.

The provider of confidential information typically wants to define its confidential information as broadly as possible to include all material shared with the recipient. The recipient, on the other hand, must be careful to carve out any information from the definition that the recipient may later be legally required to disclose; otherwise, the recipient risks choosing between breaking the law and breaking its confidentiality obligation.

Parties may also wish to expressly carve out personal data from the definition of confidential information and negotiate separate terms that govern the use and protection of such data, as applicable privacy and data security laws tend to be much stricter than general confidentiality requirements.

Is a non-disclosure agreement the same as a confidentiality agreement?

Non-disclosure agreements (NDAs) and confidentiality agreements are both legal contracts between two or more parties that specify the criteria for maintaining the confidentiality of certain information. Whereas NDAs are often used in business and legal settings to protect trade secrets, client lists, and financial data, confidentiality agreements are typically devised in employment or personal situations to protect sensitive information.

Confidentiality and non-disclosure agreements typically:

  • Describe the context for the parties’ agreement, referencing any related transactional documents.
  • Define the specific information to remain confidential.
  • Outline the parameters for the parties’ use of confidential information.

Do confidentiality agreements expire?

Most confidentiality and non-disclosure agreements provide a specific term of non-disclosure (e.g., one to three years). Some confidentiality and non-disclosure agreements, on the other hand, are open-ended in duration, although they will not be legally enforceable to the extent the confidential information becomes public. Because a confidentiality or non-disclosure covenant will not be enforceable if the confidential information enters the public domain, parties often qualify that the confidentiality obligation applies only while the information remains nonpublic.

Having a reasonable duration is particularly important in employment-related agreements. Employers must balance their legitimate business need for confidentiality against employees’ rights to engage in protected concerted activity, such as discussing the terms and conditions of their jobs. For example, the duration of employees’ confidentiality obligations related to an internal investigation may be deemed as overly restrictive if it exceeds the duration of the investigation. In addition, various states have laws that limit the ability of employers to require their employees to sign non-compete agreements , which are generally used to prevent the use of information or know-how by former employees in a way that may unfairly benefit a competitor.

What are the limits of confidential information?

Confidentiality and non-disclosure agreements may include a unilateral covenant governing one party’s access to and use of confidential information, or they may contain mutual obligations of the parties to keep each other’s confidential information private. The typical confidentiality obligation imposes a duty to use confidential information only for its intended purpose. The agreement may allow limited disclosure of confidential information to designated agents or advisers if these third parties are made aware of the duty of confidentiality and acknowledge their duty to observe it. The duty of confidentiality generally requires the non-disclosing party to keep the information secure, exercising the same level of care as that used for its own confidential information. A confidentiality or non-disclosure agreement may prohibit confidential information from being copied and may require confidential material to be returned or destroyed when no longer needed or the agreement is terminated.

A standstill provision prevents the party receiving confidential information of a company from engaging in a hostile acquisition transaction or taking steps towards a hostile acquisition transaction for a period (often one to three years) or, if applicable, for so long as the recipient party holds at least a certain percentage of that company’s shares (typically 5%).

As an example, standstill provisions are common in private investments in public equity (PIPE) transactions when PIPE investors receive material confidential information, or in acquisition transactions when acquirers receive confidential information, in each case prior to the parties entering into definitive transaction documents. The recipient party may argue that a standstill provision isn’t necessary due to the restrictions placed on its use of confidential information. However, the party providing confidential information may argue that it is easier to prove that a standstill provision has been breached than it is to prove that its confidential information was wrongfully used in formulating the terms of a hostile transaction.

Equitable relief

Confidentiality and non-disclosure agreements frequently provide that money damages alone are an inadequate remedy for breach of the agreement, so equitable relief (including injunctions) is deemed the more appropriate enforcement mechanism.

How do you write a confidentiality agreement?

[Download this sample mutual non-disclosure and confidentiality agreement that can be adapted for your individual needs.]

Confidentiality agreement template

A reciprocal, or “mutual,” non-disclosure and confidentiality agreement (also commonly titled simply a “non-disclosure agreement” or a “confidentiality agreement”) provides protection to individuals and companies from the misappropriation or unauthorized disclosure of information revealed in confidence or for a limited purpose. It is used in situations where both parties to an agreement contemplate disclosing company-private information in connection with a commercial opportunity, collaboration, or proposed transaction. Download the full confidentiality agreement sample here.

WHEREAS , the Parties desire to explore further potential opportunities or transactions involving [Describe Opportunity or Transaction Generally] (the “ Purpose ”);

WHEREAS , in connection with such [Purpose] [proposed commercial relationship], each of the Parties wishes to receive a disclosure of valuable proprietary or confidential information of the other, and is willing to ensure that such information will be treated as confidential and used only as permitted by the terms of this Agreement.

NOW THEREFORE , in consideration of the mutual covenants, promises, representations, and warranties contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

1.1 “ Affiliate ” means with respect to any entity, any other entity that controls, is controlled by or is under common control with such first entity.

1.2 “ Confidential Information” means information furnished by the disclosing party, whether orally, in writing, electronically, in other tangible form or format, or through or by observation, and identified as confidential or proprietary or otherwise disclosed in a manner such that a reasonable person would understand its confidential nature.

(a) Confidential Information includes, without limitation,

(i) information that is related to products, product plans, services, service plans, market studies, reports, documentation, drawings, computer programs, software code (object or source codes), inventions (whether patentable or not), concepts, designs, flow charts, diagrams, product specifications, formulas, data, schematics, customer and supplier lists, price lists, designs, creations, models, business materials, work-in-progress, methods of manufacture, technical information, know-how, improvements, and Trade Secrets (as defined in Section 1.4 below);

(ii) all information relating to the disclosing party or the business, business plans, markets, condition (financial or other), operations, assets, liabilities, results of operations, forecasts, strategies, cash flows or prospects of the disclosing party (whether prepared by the disclosing party, its advisors or otherwise), historical or projected financial statements, budgets, sales, capital spending budgets, plans, or identities of key personnel; and

(iii) any information about or concerning any third party (which information was provided to the disclosing party subject to an applicable confidentiality obligation to such third party) in each case disclosed or furnished by or on behalf of the disclosing party before, on or after the date hereof, whether or not marked or designated as confidential or proprietary.

(b) Notwithstanding the foregoing, information shall not be considered Confidential Information for purposes of this Agreement, which can conclusively be demonstrated by independent written files or records if:

(i)  the receiving party or its Affiliates already possess the information without an obligation of confidentiality at the time of disclosure;

(ii)  the information is or becomes generally available to the public other than as a result of an unauthorized disclosure of such information or a violation of this Agreement by the receiving party or its Affiliates;

(iii)  the information has been or is made available to the receiving party or its Affiliates by a third party that, to the receiving party’s or its Affiliates’ knowledge, is not under an obligation of confidentiality to the disclosing party or its Affiliates; or

(iv)  the information is independently developed by the receiving party or its Affiliates without violating any obligations in this Agreement.

1.3 “ Records ” or “ records ” means and includes writings, spreadsheets, presentations, web pages, emails, voicemails, drawings, graphs, charts, photographs, sound recordings, optical or magnetic disks, and data compilations in whatever form recorded or stored from, which information can be obtained and/or translated, if necessary, into reasonably usable form, and any reproductions thereof.

1.4 “ Trade Secret(s) ” means any information (a) that is actually secret; (b) where the disclosing party has taken reasonable measures to maintain its secrecy; and (c) where independent economic value is derived from that secrecy.

2. Mutual obligations of confidentiality and non-disclosure

For a period of [Number (#)] years following the disclosure of Confidential Information, and for an indefinite period of time following the disclosure of Trade Secrets, the receiving party shall:

2.1 receive and hold the Confidential Information in strict confidence;

2.2 take such steps as may be reasonably necessary to prevent the disclosure of Confidential Information using not less than the same degree of care that the receiving party uses to prevent the unauthorized use, dissemination, or publication of its own most valuable confidential and proprietary information (but with at least the same degree of care used by a reasonably prudent business person);

2.3 not disclose such Confidential Information to any third party for any purpose whatsoever without (a) the prior written approval from the disclosing party; and (b) the agreement on the part of such third party to be bound by the restrictions on use and non-disclosure set forth in this Agreement; provided, however, that the receiving party may disclose Confidential Information to the receiving party’s Representatives (as defined herein), who are bound by the confidentiality and use provisions of this Agreement;

2.4 not permit access to the Confidential Information to anyone other than employees, officers, directors, advisors, and consultants of the Parties or their Affiliates (collectively, the “ Representatives ”) and then, only to the extent those individuals (a) need to know the Confidential Information to carry out the Purpose; (b) are informed by the receiving party of the confidential nature of the Confidential Information; and (c) are bound by the terms of their employment or engagement to treat the Confidential Information in a manner consistent with the terms of this Agreement;

2.5 not disclose, or permit any of its Representatives to disclose, without the prior written consent of the disclosing party, to any other person the fact that the Confidential Information has been made available, that discussions or evaluations are taking place concerning the Purpose, or any of the terms, conditions, or other facts with respect thereto;

2.6 acknowledge that the Confidential Information is, and will at all times remain, the exclusive property of the disclosing party; and

2.7 use the disclosing party’s Confidential Information only for the strictly limited Purpose and for no other purpose whatsoever. Notwithstanding the foregoing provisions of this Section 2, the receiving party is specifically prohibited from (a) using, directly or indirectly, any of the Confidential Information furnished to it hereunder for its own benefit or for the benefit of others, except for the Purpose as set forth above; or (b) creating any improvements, modifications, or derivative or related works or materials which incorporate or utilize, directly or indirectly, any Confidential Information (such improvements, modifications, derivative or related works, if any, receiving party acknowledges and agrees shall be deemed Confidential Information of the disclosing party).

3. Compelled disclosure

Notwithstanding the foregoing, if the receiving party is requested or required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand, or other process) to disclose any Confidential Information, it will provide the disclosing party with prompt notice of such request so that the disclosing party may seek an appropriate protective order and/or waive compliance herewith. If, in the absence of such protective order or waiver, the receiving party is compelled to disclose Confidential Information to any tribunal or other authority, the receiving party shall (a) disclose only that part of the Confidential Information that, in the opinion of its legal counsel, is required to be disclosed; (b) deliver to the disclosing party written notice of the Confidential Information to be disclosed as far in advance of its disclosure as is practicable; and (c) use commercially reasonable efforts to obtain an order or other reliable assurance that confidential treatment will be accorded to such portion of the Confidential Information required to be disclosed.

4. Return of materials

Upon request of the disclosing party, in the disclosing party’s sole discretion, the receiving party shall either return to the disclosing party or destroy all documents and other writings supplied by the disclosing party, together with all copies of any such documents or other writings, and shall certify to the return or destruction of all tangible Confidential Information and references thereto and the destruction of any references thereto on magnetic or other intangible media. In addition, that portion of the Confidential Information which consists of analyses, compilations, data, studies, or other documents prepared by the receiving party or its Representatives will be immediately destroyed at the written request of the disclosing party and such destruction will be confirmed to the disclosing party in writing. The return to the disclosing party or destruction of such Confidential Information shall not relieve the receiving party of any obligation of confidentiality contained herein.

5. Injunctive relief

The Parties acknowledge that money damages will be both incalculable and an insufficient remedy for a breach of this Agreement by either Party. Accordingly, the Parties agree that, in the event of any breach of this Agreement, the non-breaching Party shall be entitled to equitable relief, including, without limitation, injunctive relief or specific performance. If either Party elects to seek injunctive relief for breach of this Agreement, such election shall not preclude the non-breaching Party from pursuing other legal remedies at law. Notwithstanding Section 10.5, below, regarding choice of forum, the Parties agree that equitable relief may be sought in any court of competent jurisdiction for the sake of expediency.

6. No representation or warranty

The Parties understand, acknowledge, and agree that neither the disclosing party nor its Representatives is making any representation or warranty as to the accuracy, reliability, or completeness of any Confidential Information and that neither the disclosing party nor its Representatives shall have any responsibility or liability (including, without limitation, in contract, tort, or otherwise) to the receiving party or any of its Representatives arising from use or reliance on the Confidential Information. THE DISCLOSING PARTY PROVIDES THE INFORMATION SOLELY ON AN “AS IS” BASIS.

The term of this Agreement shall be [Number (#)] years from the Effective Date unless extended or terminated earlier in accordance with the provisions of this Agreement. Either Party may terminate this Agreement by providing thirty (30) days written notice to the other. Neither the termination nor expiration of this Agreement shall affect the obligations of the Parties set forth in Section 2, Mutual Obligations of Confidentiality and Non-Disclosure.

Except as may be otherwise provided herein, all notices, requests, waivers, and other communications made pursuant to this Agreement must be in writing and are conclusively deemed to have been duly given (a) when hand delivered to the other Party; (b) when received if sent by facsimile or electronic mail to the number or the email address set forth below, provided that the sending Party receives a confirmation of delivery; (c) three (3) business days after deposit in the U.S. mail, with first class or certified mail, receipt requested, postage prepaid, and addressed to the other Party; or (d) forty-eight (48) hours after deposit with an internationally recognized overnight delivery service, postage prepaid, addressed to the other Party as set forth below with next business-day delivery guaranteed, provided that the sending Party receives a confirmation of delivery from the delivery service provider. A Party may change or supplement the addresses, facsimile numbers, and email addresses provided in its signature block below, or designate additional addresses, facsimile numbers, or email addresses, for purposes of this Section by giving the other Party written notice of the new address, facsimile numbers, or email addresses in the manner set forth above.

If to Party A: [Address and electronic coordinates]

If to Party B: [Address and electronic coordinates]

9. No binding agreement for transaction

Unless and until a definitive agreement is entered into, neither Party will be under any legal obligation of any kind whatsoever to proceed with respect to a potential business transaction or venture in whole or in part or to continue discussions relating thereto by virtue of (a) this Agreement; or (b) any written or oral expression with respect to a potential transaction by either Party or any of their respective Representatives. The Parties further understand and agree that they shall not have any claims whatsoever against the other Party or the other Party’s Representatives arising out of or relating to the possible business relationship or any potential or actual transaction unless otherwise provided in a definitive agreement.

10. Miscellaneous

10.1 This Agreement shall be binding upon the successors and assigns of the Parties hereto.

10.2 No patent, copyright, trademark, or other proprietary right is licensed, granted, or otherwise transferred directly, or by implication, estoppel, or otherwise, by this Agreement or any disclosure hereunder, except for the right to use such information in accordance with this Agreement.

10.3 It is understood and agreed that no failure or delay by either Party in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power, or privilege thereunder.

10.4 The laws of the [State/Commonwealth] of [State], without giving effect to its conflicts of law principles, govern all matters arising out of or relating to this Agreement, without limitation, its validity, interpretation, construction, performance, and enforcement.

10.5 Each Party hereto unconditionally consents to the personal jurisdiction of the state or federal courts located within the [Jurisdiction] for any actions, suits, or proceedings arising out of or relating to this Agreement and, subject to and except as provided in Section 5 hereof regarding equitable actions, each Party agrees not to commence any action, suit, or proceeding relating thereto except in such courts. Each Party unconditionally waives and agrees not to plead in any such court that any such action, suit, or proceeding brought in any such court has been brought in an inconvenient forum.

10.6 The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the other provisions of this Agreement, which shall remain in full force and effect. If any of the covenants or provisions of this Agreement shall be deemed to be unenforceable by reason of its extent, duration, scope, or otherwise, then the Parties contemplate that the court making such determination shall reduce such extent, duration, scope, or other provision, and shall enforce them in their reduced form for all purposes contemplated by this Agreement.

10.7 This Agreement embodies the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes any prior written or oral understandings and agreements relating thereto.

10.8 This Agreement may not be amended or modified except in writing executed by both Parties. This Agreement and any such written amendment or modification may be executed in counterparts.

10.9 Neither Party shall assign this Agreement or any rights provided under this Agreement without the prior written consent of the other Party. Any such attempted assignment shall be null and void. Neither Party shall delegate or subcontract any obligation or performance under this Agreement without the prior written consent of the other Party, and any such attempted delegation or subcontract shall be void.

10.10 No agency or partnership relationship is created between the Parties by this Agreement.

IN WITNESS WHEREOF , each the Parties hereto has caused this Agreement to be executed by a duly authorized representative as of the Effective Date.

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Notices and Disclaimers for Your Business Plan

Determine any legal requirements that pertain to your location and business., business plan disclaimers.

SmallBusinessPlans.com is not a law firm and does not give legal advice.  This section is intended to highlight areas you should review with an individual licensed to practice law in your state.

When you are raising capital or seeking another form of capital, it’s important to pay attention to legal requirements, which vary by state.  It would not be uncommon for a lender or investor to want to include your business plan as part of a contractual agreement between the parties. Because a business plan is focused on what the entrepreneurs expect to happen, certain legal disclaimers should be included. While the types of disclaimers on this page may be helpful, you should consult an attorney for specific advice for your business plan in your state.

 List of Disclaimers for Your Business Plan

  • Confidentiality Statement
  • Notice of Forward-Looking Statements
  • Significant Risks
  • Notice that the Business Plan is Not an Offer to Sell or a Solicitation for Securities
  • Testimonial Disclaimer (if your business plan includes testimonials)

Intellectual Property Disclaimer

  • Other Notices and Disclaimers Advised by Your Attorney

The disclaimer examples found in almost all business plans include those noted above, but this list is by no means exhaustive. You should ask your legal advisors about the need for these and any other disclaimers and notices for your state and type of business. Your legal advisors will also be able to provide you with specific language that should be used for each type of notice or disclaimer. They may also provide you with an umbrella disclaimer statement, or risk disclaimer appropriate for your location and industry.

Confidentiality Statement.

Every business plan should be marked “CONFIDENTIAL.” We recommend including your confidentiality notice in a footer on every page of your business plan.

Notice of Forward-Looking Statements.

Your business plan will include information about things that have already happened and things you expect to happen. Discuss with your legal advisors the appropriate language to put readers on notice that the business plan includes “forward looking statements,” or statements about things you expect to happen.

Significant Risks.

Explicitly address that there are significant risks associated with the business plan. For this section, you should separate your enthusiasm for the business and focus only on managing any personal liability, by disclosing significant risks. These typically include competitive risks, risks due to the economy, failure of significant sales expectations to materialize, the health and well-being of a few key individuals, and availability of raw materials. Lenders and investors will have seen these dire warnings on dozens or even hundreds of business plans.

Not an Offer to Sell or a Solicitation for Securities.

There are strict state and federal laws governing the sale of ownership (stock, equity) even in a small business. A business plan is not intended to be an offer to sell ownership; rather, it is a document designed to gain interest in the business. An offer to sell ownership in your company must be done thorough a separate document, typically a Prospectus or Private Placement Memorandum. Your disclaimers should make this clear, using the legal language required or advised in your state.

Testimonial Disclaimer

A testimonial disclaimer is a statement that is included when presenting testimonials from customers or clients in advertising or promotional materials. The purpose of a testimonial disclaimer is to provide transparency and to disclose any potential biases in the testimonials that are being presented. A testimonial disclaimer may include information such as:

  • The testimonial is from a real customer, but the results may not be typical.
  • The testimonial is based on the customer’s individual experience and may not be representative of what other customers may experience.
  • The testimonial is not a guarantee or prediction of future performance.
  • The company providing the testimonial may have compensated the customer for their testimonial or provided them with an incentive to provide a testimonial.

The goal of a testimonial disclaimer is to make it clear that the testimonial is only one person’s experience and not a guarantee of future performance.

An intellectual property (IP) disclaimer is a statement that is used to clarify the ownership and use of any intellectual property (such as trademarks, copyrights, and patents) that is included in a document, website, or other materials. The purpose of an IP disclaimer is to protect the rights of the owner of the IP and to inform others of the terms of use for the IP.

An IP disclaimer may include information such as:

  • The IP is owned by a specific individual or company and is protected by intellectual property laws.
  • The IP may only be used with the permission of the owner or under the terms of a specific license agreement.
  • The IP should not be used in a way that implies endorsement or sponsorship by the owner.
  • The IP should not be used in a way that infringes on the rights of the owner.

The goal of an IP disclaimer is to make it clear that the owner of the IP holds specific rights to it and others should not use it without permission, or in a way that infringes on those rights. It also makes it clear that the use of the IP does not imply any kind of sponsorship or endorsement from the owner. It is important for creators and holders of IP to be aware of the rights they have and to protect them.

Other Notices Advised by Your Legal Advisor.

Consult with your attorney on these and other notices and disclaimers required or recommended in your state, for your type of business.

What is the Value of Providing Disclaimers in Your Business Plan?

Including disclaimers in a business plan can provide legal protection for the author and any potential investors by clearly stating any limitations or qualifications of the information presented. They can also help to manage expectations by highlighting any potential risks or uncertainties associated with the venture. Additionally, including a disclaimer can demonstrate that the author has taken steps to be transparent and has considered potential legal issues related to the proposed venture.

Do Disclaimers Give Complete Protection from Legal Liability?

Including a legal disclaimer in a business plan may provide some protection against liability from lenders or investors, but it is not a guarantee. Disclaimers can help to manage expectations by highlighting any potential risks or uncertainties associated with the venture, and by making it clear that the information presented is subject to change. However, it’s important to note that a disclaimer does not absolve an author or any other party from their legal liability or potential claims. A disclaimer can also not protect you from any fraud or intentional mispresentation. It’s always best to consult with legal professionals to better understand the potential liabilities and legal obligations that may arise from a business plan, and how a disclaimer may or may not provide protection.

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Business Plan Non-Disclosure Agreement (NDA)

what is a statement of confidentiality in a business plan

The business plan non-disclosure agreement is intended for use when sharing a business plan with consultants, investors, contractors, potential employees, and anyone else evaluating your planned enterprise. Regardless of the size or complexity of your plan, it is likely to include confidential information that hopefully gives you an advantage over competitors. Such information could include your marketing plan, revenue forecast, and capital spending. Note, if you use an NDA with your business plan with one person, you must use NDAs for all who read it, and you should mark the plan as “confidential.”

Product Development NDA – Use when consulting with third (3rd) parties about a potential invention and its use and functionality.

BUSINESS PLAN NON-DISCLOSURE AGREEMENT   This agreement (the “Agreement”) between _________________ (the “Disclosing Party”) and _________________ (the “Receiving Party”) is effective _________________ and is intended to prevent the unauthorized disclosure of Confidential Information (as defined below) contained in and relating to the business plan of Disclosing Party. The parties agree as follows: 1. Confidential Information “Confidential Information” is proprietary trade secret information contained within and relating to Disclosing Party’s business plan including but not limited to: business description, marketing plan, sales revenue forecast, profit and loss forecast, capital spending plan, cash flow forecast, future trends, personnel plan, business goals, personal financial statement, supporting documents and information conveyed in writing or in discussion that is indicated to be confidential. 2. Non-Disclosure Receiving Party will treat Confidential Information with the same degree of care and safeguards that it takes with its own Confidential Information, but in no event less than a reasonable degree of care. Without Disclosing Party’s prior written consent, Receiving Party will not: (a)  disclose Confidential Information to any third party; (b)  make or permit to be made copies or other reproductions of Confidential Information; or (c)  make any commercial use of Confidential Information. Receiving Party will carefully restrict access to Confidential Information to those of its officers, directors and employees who are subject to non-disclosure restrictions at least as protective as those set forth in this Agreement and who clearly need such access to participate on Receiving Party’s behalf in the analysis and negotiation of a business relationship or any contract or agreement with Disclosing Party. Receiving Party will advise each officer, director or employee to whom it provides access to any Confidential Information that they are prohibited from using it or disclosing it to others without Disclosing Party’s prior written consent. 3. Return of Business Plan Materials Upon Disclosing Party’s request, Receiving Party shall within 30 days return all original materials provided by Disclosing Party and any copies, notes or other documents in Receiving Party’s possession pertaining to Confidential Information. 4. Exclusions This agreement does not apply to any information that: (a)  was in Receiving Party’s possession or was known to Receiving Party, without an obligation to keep it confidential, before such information was disclosed to Receiving Party by Disclosing Party; (b)  is or becomes public knowledge through a source other than Receiving Party and through no fault of Receiving Party; (c)  is or becomes lawfully available to Receiving Party from a source other than Disclosing Party; or (d)  is disclosed by Receiving Party with Disclosing Party’s prior written approval. 5. Term This Agreement and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until _________________ or until whichever of the following occurs first: (a)  Disclosing Party sends Receiving Party written notice releasing it from this Agreement, or (b)  Confidential Information disclosed under this Agreement ceases to be a trade secret. 6. No Rights Granted This Agreement does not constitute a grant or an intention or commitment to grant any right, title or interest in Confidential Information to Receiving Party. 7. Warranty Disclosing Party warrants that it has the right to make the disclosures under this Agreement. 8. General Provisions (a)  Relationships.  Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose. (b)  Severability.  If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties. (c)  Integration.  This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties. (d)  Waiver.   The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights. (e)  Injunctive Relief.  Any misappropriation of Confidential Information in violation of this Agreement may cause Disclosing Party irreparable harm, the amount of which may be difficult to ascertain, and therefore Receiving Party agrees that Disclosing Party shall have the right to apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for such other relief as Disclosing Party deems appropriate. This right of Disclosing Party is to be in addition to the remedies otherwise available to Disclosing Party. (f)   Indemnity.  Receiving Party agrees to indemnify Disclosing Party against any and all losses, damages, claims or expenses incurred or suffered by Disclosing Party as a result of Receiving Party’s breach of this Agreement. ( g)  Attorney Fees and Expenses.   In a dispute arising out of or related to this Agreement, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures. (h)  Governing Law. This Agreement shall be governed in accordance with the laws of the State of _________________. (i)   Jurisdiction.   The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in _________________ in any action arising out of or relating to this Agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise. ( j)   Successors & Assigns . This Agreement shall bind each party’s heirs, successors and assigns. Receiving Party may not assign or transfer its rights or obligations under this Agreement without the prior written consent of Disclosing Party. However, no consent is required f­or an assignment or transfer that occurs: (a) to an entity in which Receiving Party owns more than fifty percent of the assets; or (b) as part of a transfer of all or substantially all of the assets of Receiving Party to any party. Any assignment or transfer in violation of this section shall be void.   Disclosing Party: _____________________________________________ (Signature) _____________________ (Typed or Printed Name) Title: _____________________ Date: _____________________   Receiving Party: _____________________________________________ (Signature) _____________________ (Typed or Printed Name) Title: _____________________ Date: _____________________

How to Write

EXPLANATION FOR BUSINESS PLAN NON-DISCLOSURE AGREEMENT

Below we provide an explanation for each of the provisions of the Business Plan Non-Disclosure Agreement.

Introductory Paragraph

Fill in your company name (you are the disclosing party).  Fill in the name of the outside individual or company being granted access to your trade secrets (the Receiving Party). Finally, fill in the date the agreement will take effect. This can be the date it’s signed or a date in the future.

1. Confidential Information

This section defines what is protected against disclosure. Keep in mind that if you are disclosing information in conjunction with the plan, you should designate that information as confidential. If the information is spoken, you should announce the confidentiality.

2. Non-Disclosure

This clause makes clear that your trade secrets must be kept in confidence by the receiving party and may not be revealed to others without your prior written consent.

3. Return of Business Plan Materials

Here, the receiving party promises to return your business plan and related materials provided by your company, as well as copies, notes, and documents pertaining to the business plan. The agreement gives the receiving party 30 days to return the materials, but you can change this time period if you wish.

4. Exclusions

This provision describes all the types of information that are not covered by the agreement. These exclusions are based on court decisions and state trade secret laws that say these types of information do not qualify for trade secret protection.

This clause provides the receiving party with an expiration date for the agreement. The Agreement should last as long as the information is likely to remain a trade secret. Five years is a common period, but it can be much shorter, even as little as six months. In Internet and technology businesses, the time period may need to be shorter because of the fast pace of innovation.

6. No Rights Granted

This clause makes clear that you are not granting any ownership rights in the confidential informat­ion to the receiving party.

7. Warranty

A warranty is a promise. Here, you promise the receiving party that you have the right to disclose the information. This is intended to assure the receiving party that it won’t be sued by some third party claiming that the trade secrets belonged to it and that you had no right to reveal them to the receiving party.

8. General Provisions

These miscellaneous provisions (often referred to as “boilerplate”) are often grouped together at the end of an agreement.

Relationships . Most agreements include a provision like this one, disclaiming any relationship other than that defined in the agreement.

Severability . The severability clause provides that if you wind up in a lawsuit over the agreement and a court rules that one part of the agreement is invalid, that part can be cut out and the rest of the agreement will remain valid.

Integration . The integration provision verifies that the version you are signing is the final version and that neither of you can rely on statements made in the past.

Waiver . This provision states that even if you don’t promptly complain about a violation of the NDA, you still have the right to complain about it later.

Injunctive Relief . An injunction is a court order directing a person to do (or stop doing) something. If someone violated your NDA, you would want a court order directing that person to stop using your secrets.

Indemnity . Some NDAs require the receiving party to pay for all damages (lost profits, attorney fees or other expenses) incurred by the other party as a result of the receiving party’s breach of the non-disclosure agreement. This obligation is known as indemnification. Leaving out the indemnity provision does not prevent you from suing and collecting damages for a breach (contract law holds the receiving party responsible for a breach), but the clause makes it easier to claim damages.

Attorney Fees and Expenses. If you don’t include an attorney fees clause in your agreement, a judge may (in most states) order the award of attorney fees in cases where the theft of the trade secret was willful and malicious. It’s up to the judge, which makes things unpredictable. You are far better off using an attorney fees provision. However, don’t be surprised if the other party is opposed to the idea. Why? Because it is the receiving party that is usually sued, not vice-versa, and the receiving party may believe that the provision will encourage you to litigate.

Governing Law . You can choose any state’s laws to govern the agreement, regardless of where you live or where the agreement is signed. Most businesses favor the state where their headquarters are located.

Jurisdiction . The purpose of adding a jurisdiction provision to an NDA is to get each party to consent in advance to jurisdiction in one county or state and to give up the right to sue or be sued anywhere else.

Successors and Assigns . This provision binds any company that acquires either party.

Signing the agreement. Someone with the necessary authority must sign the agreement on behalf of each party. Each party should sign two copies and keep one. This way, both parties have an original signed agreement.

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Confidentiality statement

A confidentiality statement can be useful in several situations. For instance, if your employees have access to important company information. Or if you discuss a business idea with an investor or business partner. And, if you share confidential company information with a potential buyer for your company.

What is a confidentiality statement?

A confidentiality statement, also called a confidentiality agreement or clause or a non-disclosure agreement (NDA), is a binding contract. The other party agrees to keep certain information to themselves, and not disclose it. In other words, the other party must keep that information a secret. This enables you to share confidential information.

What does the NDA contain?

A confidentiality statement contains the agreements between you and the other party. You need to lay down at least these points:

  • parties: who are the parties involved
  • purpose: the purpose of the collaboration between the parties involved
  • definition: which information must remain confidential, and which is public
  • permissions: to what purpose the parties involved may use the information
  • duration: for how long the information must be kept confidential
  • consequences: what happens if one of the parties breaches the agreement, for instance a fine or dismissal
  • in case of a fine, the amount of the fine
  • validation: signatures of the parties involved

Confidentiality statement employee

For employees, a confidentiality statement is usually part of the employment contract, not a separate contract. If an employee does not uphold the confidentiality agreement, it is grounds for dismissal. Even if an employee leaves your company, the confidentiality statement still stands.

Confidentiality statement investor or business partner

Do you have an idea or invention, for which you need money ? Sharing confidential information with a potential investor can be risky. If you haven’t patented your idea yet, your investor or business partner might steal your idea. A confidentiality statement protects you against that risk.

Protect your idea

You can protect your idea or invention. By taking out a patent, you can stop others from copying, selling or implementing your invention.

Confidentiality statement potential buyer of your company

If you are planning on selling your business and have found a potential buyer, you will have to provide confidential information in your memorandum of sale ; for instance, your profit rates and prognoses. By making the potential buyer sign a confidentiality statement, you ensure that this information stays confidential. If the information that your company is for sale is also confidential, be sure to put it in the confidentiality statement.

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Artificial Intelligence Computing Leadership from NVIDIA

Press Release Details

Nvidia announces financial results for fourth quarter and fiscal 2024.

  • Record quarterly revenue of $22.1 billion, up 22% from Q3, up 265% from year ago 
  • Record quarterly Data Center revenue of $18.4 billion, up 27% from Q3, up 409% from year ago
  • Record full-year revenue of $60.9 billion, up 126%

SANTA CLARA, Calif., Feb. 21, 2024 (GLOBE NEWSWIRE) -- NVIDIA (NASDAQ: NVDA) today reported revenue for the fourth quarter ended January 28, 2024, of $22.1 billion, up 22% from the previous quarter and up 265% from a year ago.

For the quarter, GAAP earnings per diluted share was $4.93, up 33% from the previous quarter and up 765% from a year ago. Non-GAAP earnings per diluted share was $5.16, up 28% from the previous quarter and up 486% from a year ago.

For fiscal 2024, revenue was up 126% to $60.9 billion. GAAP earnings per diluted share was $11.93, up 586% from a year ago. Non-GAAP earnings per diluted share was $12.96, up 288% from a year ago.

“Accelerated computing and generative AI have hit the tipping point. Demand is surging worldwide across companies, industries and nations,” said Jensen Huang, founder and CEO of NVIDIA.

“Our Data Center platform is powered by increasingly diverse drivers — demand for data processing, training and inference from large cloud-service providers and GPU-specialized ones, as well as from enterprise software and consumer internet companies. Vertical industries — led by auto, financial services and healthcare — are now at a multibillion-dollar level.

“NVIDIA RTX, introduced less than six years ago, is now a massive PC platform for generative AI, enjoyed by 100 million gamers and creators. The year ahead will bring major new product cycles with exceptional innovations to help propel our industry forward. Come join us at next month’s GTC, where we and our rich ecosystem will reveal the exciting future ahead,” he said.

NVIDIA will pay its next quarterly cash dividend of $0.04 per share on March 27, 2024, to all shareholders of record on March 6, 2024.

Q4 Fiscal 2024 Summary

Fiscal 2024 Summary

Outlook NVIDIA’s outlook for the first quarter of fiscal 2025 is as follows:

  • Revenue is expected to be $24.0 billion, plus or minus 2%.
  • GAAP and non-GAAP gross margins are expected to be 76.3% and 77.0%, respectively, plus or minus 50 basis points.
  • GAAP and non-GAAP operating expenses are expected to be approximately $3.5 billion and $2.5 billion, respectively.
  • GAAP and non-GAAP other income and expense are expected to be an income of approximately $250 million, excluding gains and losses from non-affiliated investments.
  • GAAP and non-GAAP tax rates are expected to be 17.0%, plus or minus 1%, excluding any discrete items.

NVIDIA achieved progress since its previous earnings announcement in these areas: 

Data Center

  • Fourth-quarter revenue was a record $18.4 billion, up 27% from the previous quarter and up 409% from a year ago. Full-year revenue rose 217% to a record $47.5 billion.
  • Launched, in collaboration with Google, optimizations across NVIDIA’s data center and PC AI platforms for Gemma , Google’s groundbreaking open language models.
  • Expanded its strategic collaboration with Amazon Web Services to host NVIDIA ® DGX™ Cloud on AWS.
  • Announced that Amgen will use the NVIDIA DGX SuperPOD ™ to power insights into drug discovery, diagnostics and precision medicine.
  • Announced  NVIDIA NeMo™ Retriever , a generative AI microservice that lets enterprises connect custom large language models with enterprise data to deliver highly accurate responses for AI applications. 
  • Introduced NVIDIA MONAI™ cloud APIs to help developers and platform providers integrate AI into their medical-imaging offerings. 
  • Announced that Singtel will bring generative AI services to Singapore through energy-efficient data centers that the telco is building with NVIDIA Hopper™ architecture GPUs.
  • Introduced plans with Cisco to help enterprises quickly and easily deploy and manage secure AI infrastructure.
  • Supported the National Artificial Intelligence Research Resource pilot program , a major step by the U.S. government toward a shared national research infrastructure.
  • Fourth-quarter revenue was $2.9 billion, flat from the previous quarter and up 56% from a year ago. Full-year revenue rose 15% to $10.4 billion.
  • Launched GeForce RTX™ 40 SUPER Series GPUs , starting at $599, which support the latest NVIDIA RTX™ technologies, including DLSS 3.5 Ray Reconstruction and NVIDIA Reflex.
  • Announced generative AI capabilities for its installed base of over 100 million RTX AI PCs, including Tensor-RT™ LLM to accelerate inference on large language models, and Chat with RTX, a tech demo that lets users personalize a chatbot with their own content.
  • Introduced microservices for the NVIDIA Avatar Cloud Engine , allowing game and application developers to integrate state-of-the-art generative AI models into non-playable characters.
  • Reached the milestone of 500 AI-powered RTX games and applications utilizing NVIDIA DLSS, ray tracing and other NVIDIA RTX technologies.

Professional Visualization

  • Fourth-quarter revenue was $463 million, up 11% from the previous quarter and up 105% from a year ago. Full-year revenue rose 1% to $1.6 billion.
  • Announced adoption of NVIDIA Omniverse ™ by the global automotive-configurator ecosystem.
  • Announced the NVIDIA RTX 2000 Ada Generation GPU , bringing the latest AI, graphics and compute technology to compact workstations.
  • Fourth-quarter revenue was $281 million, up 8% from the previous quarter and down 4% from a year ago. Full-year revenue rose 21% to $1.1 billion.
  • Announced further adoption of its NVIDIA DRIVE ® platform , with Great Wall Motors, ZEEKR and Xiaomi using DRIVE Orin™ to power intelligent automated-driving systems and Li Auto selecting DRIVE Thor™ as its centralized car computer.

CFO Commentary Commentary on the quarter by Colette Kress, NVIDIA’s executive vice president and chief financial officer, is available at https://investor.nvidia.com .

Conference Call and Webcast Information NVIDIA will conduct a conference call with analysts and investors to discuss its fourth quarter and fiscal 2024 financial results and current financial prospects today at 2 p.m. Pacific time (5 p.m. Eastern time). A live webcast (listen-only mode) of the conference call will be accessible at NVIDIA’s investor relations website, https://investor.nvidia.com . The webcast will be recorded and available for replay until NVIDIA’s conference call to discuss its financial results for its first quarter of fiscal 2025.

Non-GAAP Measures To supplement NVIDIA’s condensed consolidated financial statements presented in accordance with GAAP, the company uses non-GAAP measures of certain components of financial performance. These non-GAAP measures include non-GAAP gross profit, non-GAAP gross margin, non-GAAP operating expenses, non-GAAP income from operations, non-GAAP other income (expense), net, non-GAAP net income, non-GAAP net income, or earnings, per diluted share, and free cash flow. For NVIDIA’s investors to be better able to compare its current results with those of previous periods, the company has shown a reconciliation of GAAP to non-GAAP financial measures. These reconciliations adjust the related GAAP financial measures to exclude acquisition termination costs, stock-based compensation expense, acquisition-related and other costs, IP-related costs, other, gains and losses from non-affiliated investments, interest expense related to amortization of debt discount, and the associated tax impact of these items where applicable. Free cash flow is calculated as GAAP net cash provided by operating activities less both purchases related to property and equipment and intangible assets and principal payments on property and equipment and intangible assets. NVIDIA believes the presentation of its non-GAAP financial measures enhances the user’s overall understanding of the company’s historical financial performance. The presentation of the company’s non-GAAP financial measures is not meant to be considered in isolation or as a substitute for the company’s financial results prepared in accordance with GAAP, and the company’s non-GAAP measures may be different from non-GAAP measures used by other companies.

About NVIDIA Since its founding in 1993, NVIDIA (NASDAQ: NVDA) has been a pioneer in accelerated computing. The company’s invention of the GPU in 1999 sparked the growth of the PC gaming market, redefined computer graphics, ignited the era of modern AI and is fueling industrial digitalization across markets. NVIDIA is now a full-stack computing infrastructure company with data-center-scale offerings that are reshaping industry. More information at https://nvidianews.nvidia.com/ .

Certain statements in this press release including, but not limited to, statements as to: demand for accelerated computing and generative AI surging worldwide across companies, industries and nations; our Data Center platform being powered by increasingly diverse drivers, including demand for data processing, training and inference from large cloud-service providers and GPU-specialized ones, as well as from enterprise software and consumer internet companies; vertical industries led by auto, financial, services and healthcare now at a multibillion-dollar level; NVIDIA RTX becoming a massive PC platform for generative AI enjoyed by 100 million gamers and creators; the year ahead bringing major new product cycles with exceptional innovations to help propel our industry forward; our upcoming conference at GTC, where we and our rich ecosystem will reveal the exciting future ahead; NVIDIA’s next quarterly cash dividend; NVIDIA’s financial outlook and expected tax rates for the first quarter of fiscal 2025; the benefits, impact, performance, features and availability of NVIDIA’s products and technologies, including NVIDIA AI platforms, NVIDIA DGX Cloud, NVIDIA DGX SuperPOD, NVIDIA NeMo Retriever, NVIDIA MONAI cloud APIs, NVIDIA Hopper architecture GPUs, NVIDIA GeForce RTX 40 SUPER Series GPUs, NVIDIA DLSS 3.5 Ray Reconstruction, NVIDIA Reflex, NVIDIA TensorRT-LLM, Chat with RTX, microservices for the NVIDIA Avatar Cloud Engine, NVIDIA DLSS, ray tracing and other NVIDIA RTX technologies, NVIDIA Omniverse, NVIDIA RTX 2000 Ada Generation GPU, NVIDIA DRIVE platform, NVIDIA DRIVE Orin and NVIDIA DRIVE Thor; and our collaborations with third parties are forward-looking statements that are subject to risks and uncertainties that could cause results to be materially different than expectations. Important factors that could cause actual results to differ materially include: global economic conditions; our reliance on third parties to manufacture, assemble, package and test our products; the impact of technological development and competition; development of new products and technologies or enhancements to our existing product and technologies; market acceptance of our products or our partners’ products; design, manufacturing or software defects; changes in consumer preferences or demands; changes in industry standards and interfaces; and unexpected loss of performance of our products or technologies when integrated into systems, as well as other factors detailed from time to time in the most recent reports NVIDIA files with the Securities and Exchange Commission, or SEC, including, but not limited to, its annual report on Form 10-K and quarterly reports on Form 10-Q. Copies of reports filed with the SEC are posted on the company’s website and are available from NVIDIA without charge. These forward-looking statements are not guarantees of future performance and speak only as of the date hereof, and, except as required by law, NVIDIA disclaims any obligation to update these forward-looking statements to reflect future events or circumstances.

© 2024 NVIDIA Corporation. All rights reserved. NVIDIA, the NVIDIA logo, GeForce, GeForce RTX, NVIDIA DGX, NVIDIA DGX SuperPOD, NVIDIA DRIVE, NVIDIA DRIVE Orin, NVIDIA DRIVE Thor, NVIDIA Hopper, NVIDIA MONAI, NVIDIA NeMo, NVIDIA Omniverse, NVIDIA RTX and TensorRT are trademarks and/or registered trademarks of NVIDIA Corporation in the U.S. and/or other countries. Other company and product names may be trademarks of the respective companies with which they are associated. Features, pricing, availability and specifications are subject to change without notice.

A photo accompanying this announcement is available at https://www.globenewswire.com/NewsRoom/AttachmentNg/38343cb8-8bc8-42b0-aa76-e3d280ae5507

what is a statement of confidentiality in a business plan

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  1. Protecting Business Confidentiality: Why Keeping a Sale Under Wraps is Crucial

COMMENTS

  1. How To Write a Business Plan Confidentiality Statement

    A business plan confidentiality statement is a document that states that the information disclosed to the recipient can't be disclosed to anyone outside the agreement. It is an agreement made between two parties before they enter a deal or exchange any sensitive information which is confidential.

  2. How to Write a Business Plan Confidentiality Agreement

    Confidentiality statements are documents that are prepared for the safety of parties that are about to go into a business contract. Also known as non-disclosure agreements, confidentiality statements help to preserve sensitive information that various business parties might bring to the table when transacting business.

  3. What Is A Confidentiality Agreement?

    A confidentiality agreement is a contract between two or more parties regulating the treatment of specified private information.

  4. Business Plan Confidentiality Statement

    A business plan confidentiality statement is a vital component that underscores the commitment to protecting confidential information and proprietary data, ensuring that the business's competitive edge and strategic insights remain secure and safeguarded from unauthorized disclosure or misuse. Purpose and Scope of the Confidentiality Statement

  5. Business Confidentiality Statement

    A business confidentiality statement is a tool that businesses use when they discuss their business plan with others who will be given information that the company values or wishes to keep a secret.

  6. Confidentiality Agreements: A Must-Have For Business Plans

    In simple terms, it is a document stating that the person you disclose your business plan to will not disclose any of its contents to anyone outside of the agreement. Confidentiality...

  7. Understanding Business Plan Non-Disclosure Agreements (NDA)

    A Business Plan Non-Disclosure Agreement, also known as a Confidentiality Agreement or NDA, is a legal contract that aims to protect the confidential and proprietary information shared in the plan from being disclosed or used by third parties without authorization. It establishes a legally binding agreement between the parties involved, and it ...

  8. Business plan non-disclosure agreement—How-to guide

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  9. Confidentiality Agreements for Business Plans

    You put a lot of time into the marketing plan, the mission statement, and your operational plan. The million dollar question is whether or not you should include a confidentiality agreement (also known as a non-disclosure agreement or NDA) in your business plan. ... You can hire a professional business plan writer to draft your confidentiality ...

  10. A Small Business Guide to Confidentiality Agreements

    3 benefits of a confidentiality agreement. A confidentiality agreement provides these critical protections for your business. 1. Protects your competitive edge. You work hard to keep your business ...

  11. What is a confidentiality statement?

    A confidentiality statement is used to inform the relevant parties about the sensitive nature of the information contained in a document. The statement provides a clear understanding to the receiving party that all information in the agreement should not be shared with unauthorized individuals or entities. By including a confidentiality clause ...

  12. Sample Business Plan Confidentiality Agreement

    Business Plan Confidentiality Agreement: The undersigned reader of [Company's Name] Business Plan hereby acknowledges that the information provided is completely confidential and therefore the reader agrees not to disclose anything found in the business plan without the express written consent of [Business Owner's Name].

  13. Confidentiality and Nondisclosure Agreements Explained

    August 9, 2023. In a confidentiality or non-disclosure agreement, parties agree to keep private nonpublic information received during a business relationship, including in the early stages of exploring a potential business relationship. The need for confidentiality and non-disclosure agreements arises in a wide variety of contexts, including ...

  14. Sample Confidentiality Agreement (NDA)

    A confidentiality agreement—also called a "nondisclosure agreement" or "NDA"—is a legally binding contract where a person or business promises to treat specific information as a trade secret and promises not to disclose the secret to others without proper authorization.

  15. 24 Simple Confidentiality Statement & Agreement Templates

    Unilateral confidentiality agreement: This information is protected when one party discloses the information and the other party receives the information and agrees to keep it confidential. These are the things that need to be included in the confidentiality agreement that you drafted. Receiving and Disclosing Parties: If either of the parties ...

  16. Notices and Disclaimers Your Business Plan Must Include

    List of Disclaimers for Your Business Plan. Confidentiality Statement. Notice of Forward-Looking Statements. Significant Risks. Notice that the Business Plan is Not an Offer to Sell or a Solicitation for Securities. Testimonial Disclaimer (if your business plan includes testimonials) Intellectual Property Disclaimer.

  17. Business Plan Non-Disclosure Agreement (NDA)

    The business plan non-disclosure agreement is intended for use when sharing a business plan with consultants, investors, contractors, potential employees, and anyone else evaluating your planned enterprise. Regardless of the size or complexity of your plan, it is likely to include confidential information that hopefully gives you an advantage over competitors.

  18. 16 Basic Confidentiality Statement Examples [Free Templates]

    A Confidentiality Statement also referred to as a non-disclosure agreement or NDA, is a legally enforceable contract that establishes confidentiality between two parties, i.e., the party disclosing the protected information and the recipient of that information.

  19. 20+ Confidentiality Statement & Agreement Templates

    The confidentiality statement is a legally binding document requiring the parties not to share information. These agreements are used between two companies, between an employee and company, or between a contractor and a company to ensure that trade secrets and competitive information remain private. Confidentiality statements are also referred ...

  20. Confidentiality statement

    What is a confidentiality statement? A confidentiality statement, also called a confidentiality agreement or clause or a non-disclosure agreement (NDA), is a binding contract. The other party agrees to keep certain information to themselves, and not disclose it. In other words, the other party must keep that information a secret.

  21. What Is a Confidentiality Statement in a Business Plan: Explained

    A confidentiality statement, also known as non-disclosure agreement (NDA), legal document outlines information needs kept confidential parties involved agreement. It ensures that anyone who gains access to the business plan is bound by confidentiality obligations and cannot disclose the information to others without the consent of the owner.

  22. How to Write a Business Plan Confidentiality Agreement

    Confidentiality statements are documents that are prepared for the safety of parties that are about to go into a business contract. Also known as non-disclosure agreements, confidentiality statements help to preserve sensitive information that various business parties might bring to the table when transacting business.

  23. NVIDIA Announces Financial Results for Fourth Quarter and Fiscal 2024

    Record quarterly revenue of $22.1 billion, up 22% from Q3, up 265% from year ago Record quarterly Data Center revenue of $18.4 billion, up 27% from Q3, up 409% from year ago Record full-year revenue of $60.9 billion, up 126% SANTA CLARA, Calif., Feb. 21, 2024 (GLOBE NEWSWIRE) - NVIDIA (NASDAQ: NVDA) today reported revenue for the fourth quarter ended January 28, 2024, of $22.1 billion, up 22% ...

  24. Tax Time Guide 2024: What to know before completing a tax return

    The enhancements for taxpayers without a qualifying child implemented by the American Rescue Plan Act of 2021 will not apply for tax year 2023. To claim the EITC without a qualifying child in 2023, taxpayers must be at least age 25 but under age 65 at the end of 2023.

  25. Intel Launches World's First Systems Foundry Designed for the AI Era

    Intel's extended process technology roadmap adds Intel 14A to the company's leading-edge node plan, in addition to several specialized node evolutions. Intel also affirmed that its ambitious five-nodes-in-four-years (5N4Y) process roadmap remains on track and will deliver the industry's first backside power solution. Company leaders ...

  26. NBAA Questions Sweeping IRS Plan to Audit Business Aircraft Use

    Contact: Dan Hubbard, 202-431-5970, [email protected] Washington, DC, Feb. 22, 2024 - The National Business Aviation Association (NBAA) is questioning the Internal Revenue Service's plan, announced this week, to "begin dozens of audits" of business aircraft use by American companies and entrepreneurs. "Today's announcement by the IRS amounts to nothing more than an audit in search ...

  27. Uber, Lyft Drivers Plan Airport Strike at 10 Cities on Valentine's Day

    Good luck if you're hoping to get an Uber or Lyft on your way home from the airport on Valentine's Day. That's because drivers in 10 cities say they won't be working between 11 a.m. and 1 p.m ...

  28. AT&T Says Service Is Restored After Widespread Cellular Outage

    Jim Greer, an AT&T spokesman, apologized in a statement confirming service was restored and said the company was "taking steps to ensure our customers do not experience this again in the future."