You're about to share the thing you don't want copied. Sign the NDA before the call — not after.
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What's happening here
The conversation can't happen without revealing something valuable. The question is whether you've created a legal obligation for the other party to keep it private before you open your mouth.
You have a meeting — with a potential partner, a vendor, an investor, or a potential acquirer. The conversation requires sharing details you don't share publicly: financials, product roadmap, client lists, proprietary processes, or trade secrets.
Without an NDA, the person across the table has no legal obligation to keep what you share confidential. They can walk away from the deal and use everything you told them. A signed NDA creates a legally enforceable duty of confidentiality before disclosure begins.
A vendor who learns your pricing and shares it with a competitor. A potential investor who passes on your deal and builds the product themselves. A partner negotiation that falls through and leaves both sides knowing too much about each other. All of these happen every day without NDAs.
The right agreement for this situation
The direction of information flow determines which type of NDA to use. Get it right before the meeting, not after.
You're sharing, they're receiving
One party discloses, one party receives. The receiving party is bound by confidentiality; the disclosing party is not. Use this for investor pitches, vendor demos where you're evaluating a product, and situations where information flows in only one direction.
Both sides sharing
Both parties disclose and both are bound. Use this for partnership discussions, co-development conversations, M&A exploratory calls, and any situation where both sides will be sharing sensitive information about their businesses.
For multiple recipients
When more than two parties are involved — a three-way partnership discussion or a pitch to multiple co-investors. A multi-party NDA covers all parties in a single document instead of requiring bilateral agreements with every combination.
What BizDraft asks you
The disclosing party, the receiving party, and whether either is an individual or an entity. BizDraft uses the right designations throughout.
Describe the direction of disclosure. BizDraft selects the right NDA structure and adjusts the obligation language accordingly.
Business plans, financial data, source code, customer lists, technical specs? The type of confidential information affects how the definition clause is drafted.
Standard term is 2–3 years, but trade secrets can be protected indefinitely. BizDraft defaults to 3 years with a carve-out for trade secrets.
Governing law and jurisdiction for any dispute. BizDraft adjusts the injunctive relief and enforcement language based on the state.
What to watch out for
An NDA that defines confidential information as "anything disclosed" is broad but weak in court. Stronger NDAs define the categories — financial data, customer information, technical specifications — and require marking or confirmation of confidentiality at disclosure.
An NDA signed after information is already disclosed may not protect that information. The obligation must exist at the time of disclosure. Sign before the meeting, not at the end of it.
A well-drafted NDA carves out information that becomes public independently, information the recipient already knew, or disclosures required by law. Without these carve-outs, you're creating obligations that can't be met and courts won't enforce.
Most institutional investors — VCs, angels — won't sign an NDA before an initial pitch. It's standard practice. Focus on protecting your most sensitive information by not sharing it in early-stage conversations, rather than leading with an NDA demand that will end the conversation.
Example
What you tell BizDraft
"I'm meeting with a potential strategic partner to discuss a co-marketing arrangement. Both sides will share campaign performance data, customer demographics, and pricing strategy. Mutual. 2-year term. Delaware."
What BizDraft generates
A mutual NDA with a defined confidential information category covering marketing data, customer demographics, and pricing. 2-year term, trade secret carve-out, standard exceptions for public information and legal compulsion, Delaware governing law, injunctive relief clause.
Download options
A clean, professional NDA in Word and PDF format. Send before the meeting and get it signed digitally. The whole process takes under five minutes.
Frequently asked questions
It creates a legal obligation and the right to sue for breach. It won't physically prevent misuse, but it means the person who violates it faces real legal consequences — damages, injunctions, and attorney's fees. That's a meaningful deterrent.
Mutual NDAs are often easier to get signed because they're perceived as fair. If you're sharing substantially more, a one-way NDA is more accurate. If the other party balks at a one-way NDA, a mutual is a reasonable compromise.
Two to three years is standard for most business NDAs. Trade secrets can be protected indefinitely. Very long NDAs (10+ years) are harder to enforce because courts question whether the information remains sensitive. BizDraft defaults to 3 years with a perpetual trade-secret carve-out.
It's a signal worth noting. A vendor or partner who won't sign an NDA may not be someone you should be sharing sensitive information with. For investor pitches, focus on sharing non-sensitive information until you're further in the process — or prepare a limited, version-controlled deck.
A properly drafted NDA signed by both parties is legally binding regardless of what it cost to draft. The enforceability depends on the quality of the language and the circumstances of signing — not the price of the tool that generated it.
Draft it now. Send it before the call. Five minutes, no registration.
Draft your NDA