FAQ
DOES THE SHAYK® NDA TREAT BOTH PARTIES EQUALLY?
Yes. The SHAYK NDA was designed by an international team of experienced transactional and intellectual lawyers to a fair and balanced agreement that extends a reasonable set of rights to both parties and includes customary provisions for ensuring that (1) each party retains their individual contributions and (2) both parties have some claim to any joint contributions.
DOES THE SHAYK NDA COVER ALL COMMUNICATIONS, ORAL AND WRITTEN?
Yes. The SHAYK NDA broadly defines “Confidential Information” to include any “information, not generally known to the public, whether of a technical, business or other nature, that is disclosed or made available during the term of this Agreement, by one Party hereto (the “Disclosing Party”) to the other Party hereto (the “Receiving Party”), whether in graphic, electronic, written or oral form, and including, but not limited to any discoveries, inventions, improvements, technology, documents, research, ideas, concepts, plans, designs, descriptions, specifications, techniques, processes, systems, software, equipment, drawings, diagrams, flow charts, sketches, data, computer programs, algorithms, models, prototypes, samples, analyses, studies, trade secrets, future projects or products, and any other matter relating to the business of the Disclosing Party”; adding that it “will remain [Confidential Information] whether tangible or intangible, and whether accessed, communicated, stored or recorded physically, electronically, digitally, graphically, photographically, orally, in writing or in some other form or media.”
CAN THE SHAYK TEAM HELP ME STORE INFORMATION COVERED BY THE SHAYK NDA?
Yes. To help with this , we offer the SHAYK® Vault - a data storage service for uploading and storing recording(s) and/or transcript(s) of your confidential communications under the SHAYK NDA, with reference to an NDA-specific docketing number, for long-term safe keeping at a secure data storage facility managed by a neutral third part.
IS THE SHAYK NDA LEGALLY BINDING WHEN EXECUTED ON THIS PLATFORM?
Yes. With this platform, the requesting party (1) electronically signs a form evidencing their intent to have us extend an offer to the Accepting Party to have confidential communications under the SHAYK NDA that (2) may be accepted by the Accepting Party when they countersign the SHAYK NDA on this platform, such that (3) a binding agreement is formed under the SHAYK NDA between the parties.
DO MY LEGAL OBLIGATIONS UNDER THE SHAYK NDA LAST FOREVER?
No. The SHAYK NDA has a term of three (3) years from when it is countersigned by the Accepting Party.
CAN AN EXECUTED SHAYK NDA BE ENFORCED IN A COURT OF LAW?
Yes. Because it is a legally binding agreement, an executed SHAYK NDA may be enforced in any court with jurisdiction to enforce legal agreements between the parties, including any court where one or both of the parties resides. Jurisdictional issues may arise when the parties are located in different states, regions, and/or countries.
CAN THE SHAYK TEAM HELP ME ENFORCE AN EXECUTED SHAYK NDA?
No. Our parent company (Shayk Technologies, Inc.) is not a law firm and executing the SHAYK NDA does not form an attorney-client relationship with anyone, meaning that we cannot help you with enforcement.
CAN THE SHAYK TEAM REFER ME TO ANOTHER WHO CAN HELP WITH ENFORCEMENT?
Yes. To help with this, we offer the SHAYK® Enforcer - a legal referral service for finding, qualifying, engaging, and retaining a licensed professional who is qualified and motivated to help you enforce your rights under the SHAYK NDA and related laws.
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COPYRIGHT © 2023 Shayk Technologies, Inc., a Canadian corporation d/b/a in Canada and the US as SHAYK® via www.shayk.co. All rights reserved. All trademarks, service marks, trade names (e.g., the SHAYK brand name and logo design), and related intellectual property rights are owned, registered, and/or licensed by SHAYK. The Requesting Party and the Accepting Party do not acquire any rights to any of trademarks, service marks, or trade names via this platform.