App Idea Submission / Confidentiality Agreement and Conflict Waiver
Thank you for considering Clear App Development ("Company") to assist with the design of your app idea. Using cutting edge technology and services, Clear App Development can help transform your new app idea from concept to reality-ready for the market.
Throughout all stages of the design process you are the owner of your idea. To protect your ownership interests, Clear App Development maintains a strict confidentiality policy. You can be confident that any information you disclose to us will be closely guarded and not disclosed to anyone without your express permission. Please carefully review the terms of our Confidentiality Agreement and Conflict Waver (located below on this form). By accepting this online submission you agree to the terms and conditions set forth in this Agreement and Conflict Waiver.
Confidentiality Agreement and Conflict Waiver
This Confidentiality Agreement and Conflict Waiver is between Clear App Development ("Company") and person(s) ("Customer") performing this online submission and will be effective as of the online submission date executed by customer, company representative submitting on behalf of customer or written date executed by customer.
1. Customer desires to disclose information regarding his/her app idea ("idea") and/or other confidential or proprietary information ("Confidential Information") to company for purposes of design assistance.
2. The Idea is as described in the Idea Submission / Confidentiality Agreement and Conflict Waiver provided by Customer to Company.
3. Confidential Information includes the idea and any and all other information related to the idea disclosed by Customer to Company to the extent Customer designated such other information as "Confidential" at the time of disclosure.
4. Confidential information does not include information that (a) was in Company's possession prior to disclosure by Customer, (b) is matter of public knowledge other than through disclosure by Company in violation of this Agreement, (c) is disclosed by customer to a third party with no obligation of confidentiality, or (d) is required to be disclosed pursuant to an order of a court or other governmental authority, provided, however, that in the event of such order Company shall notify Customer.
5. Company shall protect the confidential information from unauthorized publication, dissemination, disclosure and/or use by or to third parties using the same degree of care, but no less that a commercially reasonable degree of care, that Company would use to prevent the publication, dissemination, disclosure and/or use by or to third parties or its own confidential information of like nature.
6. Company shall use the confidential information solely for the purpose of reviewing and providing design services with respect to the idea.
7. Company's obligations as set forth in paragraph 5 and 6 above shall extend until the earlier of Three (3) years from the effective date of this Agreement or the occurrence of one or more of the events described in paragraph 4 above.
8. Customer understands that Company may from time to time receive submissions from others that are similar to the idea. Company will use its best efforts to maintain original design efforts with respect to submissions from others that are the same or substantially related to the idea. Nonetheless, Customer hereby expressly waives any actual or perceived conflict of interest arising from or related to the Company's services with respect to such other submissions so long as the Company fulfills its obligations as set forth in paragraphs 5 and 6 above.
9. Customer represents and warrants that he/she has the legal authority to disclose the Idea and Confidential Information to Company, and agrees to indemnify and hold Company harmless from any dispute, claim or other liability arising from or related to such disclosure by Customer to Company.
10. All ownership interested in the Idea and the Confidential Information, including, but not limited to, intellectual property rights, trade secrets, and other legally protectable interests shall remain with the Customer, any term, condition or other obligation of this Agreement to the contrary notwithstanding.
11. This Agreement may not be amended except in writing signed by the parties' hereto.
12. This Agreement shall by governed by the laws of the State of California.
13. By agreeing to this online submission Customer is accepting the terms of this agreement.