NDA

Mutual Non-Disclosure & Confidentiality Policy

‍

Effective as of: 20 June 2025

Last Updated: 20 June 2025

‍

This Non-Disclosure Agreement (“Agreement”) outlines the confidentiality terms under which Kooky (“Agency”) and its clients (“Client”) agree to operate during any discussions, collaborations, or projects. This policy applies regardless of whether a formal written NDA is signed, as confidentiality is standard practice at Kooky.

‍

1. Definition of Confidential Information

“Confidential Information” includes but is not limited to:

• Business plans, product roadmaps, marketing strategies, or internal documentation
• Source code, technical architecture, or proprietary tools
• Financial information, forecasts, or fundraising plans
• Identity of partners, investors, or advisors
• Any information disclosed orally, digitally, or in writing that is not public

2. Obligations of Confidentiality

Both parties agree to:

• Maintain all Confidential Information in strict confidence
• Not disclose any Confidential Information to any third party without prior written consent
• Take all reasonable precautions to prevent unauthorized access or sharing
• Limit access to Confidential Information to only those within their organizations with a legitimate need to know

3. Exclusions

Confidential Information does not include information that:

• Was publicly known at the time of disclosure
• Becomes publicly known through no breach of this Agreement
• Is independently developed without reference to the Confidential Information
• Is disclosed under legal compulsion (court order, regulatory requirement)

4. Duration

Confidentiality obligations shall remain in effect for a period of five (5) years from the date of disclosure, unless otherwise agreed in writing.

5. Return or Destruction

Upon request, each party agrees to promptly return or destroy all materials containing Confidential Information, including digital backups.

6. No License or Ownership

Nothing in this Agreement grants the right to use, reproduce, or commercialize any Confidential Information or intellectual property unless explicitly stated.

7. No Public Disclosure or Attribution

Unless agreed in writing, Kooky does not disclose client names, logos, project details, or deliverables — even in anonymized form — in public-facing content, unless explicit permission is granted.

8. Governing Law

This Agreement is governed by the laws of [Your Jurisdiction]. Any disputes will be subject to the exclusive jurisdiction of the courts in [Your City/Country].

9. Contact

For formal NDA requests or questions, please contact us.