This Mutual Non-Disclosure Agreement ("Agreement") is entered into between Kimberli Gilbert, Everything Webinar Present Simple, Inc. and App2Income ("Party A"), and the individual electronically signing below ("Party B"), together the "Parties," as of the date of Party B's electronic signature (the "Effective Date").
1. PURPOSE
The Parties wish to explore and/or engage in a business relationship relating to coaching, application development, consulting, and related services (the "Purpose"). In connection with the Purpose, each Party may disclose to the other certain confidential and proprietary information.
2. CONFIDENTIAL INFORMATION
"Confidential Information" means any non-public information disclosed by either Party to the other, whether oral, written, electronic, or in any other form, including but not limited to: business plans, app ideas, product concepts, source code, designs, client lists, pricing, financial information, marketing strategies, trade secrets, and any other information that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
3. EXCLUSIONS
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving Party; (b) was rightfully known to the receiving Party before disclosure; (c) is rightfully received from a third party without a duty of confidentiality; or (d) is independently developed by the receiving Party without use of the disclosing Party's Confidential Information.
4. OBLIGATIONS
Each Party agrees to: (a) hold the other Party's Confidential Information in strict confidence; (b) not disclose it to any third party without the prior written consent of the disclosing Party; (c) use it solely for the Purpose; and (d) protect it with at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care.
5. COMPELLED DISCLOSURE
If a receiving Party is required by law, regulation, or court order to disclose Confidential Information, it shall (to the extent legally permitted) give the disclosing Party prompt written notice and reasonable assistance to seek a protective order or other appropriate remedy.
6. TERM
This Agreement takes effect on the Effective Date and continues for three (3) years thereafter. The confidentiality obligations with respect to trade secrets survive for as long as such information remains a trade secret under applicable law.
7. NO LICENSE OR OBLIGATION
Nothing in this Agreement grants either Party any rights, by license or otherwise, in the other Party's Confidential Information, except as expressly set forth herein. This Agreement does not obligate either Party to enter into any further agreement or business relationship.
8. RETURN OR DESTRUCTION
Upon written request of the disclosing Party, the receiving Party shall promptly return or destroy all Confidential Information and any copies thereof, except as required to be retained by law.
9. REMEDIES
Each Party acknowledges that unauthorized disclosure of Confidential Information may cause irreparable harm for which monetary damages would be inadequate. The disclosing Party is therefore entitled to seek injunctive relief in addition to any other remedies available at law or in equity.
10. GENERAL
This Agreement constitutes the entire agreement between the Parties concerning its subject matter and supersedes all prior discussions. It may not be amended except in a writing signed by both Parties. If any provision is held unenforceable, the remainder shall continue in full force. This Agreement is governed by the laws of the State of California, without regard to conflicts of law principles.
ELECTRONIC SIGNATURE CONSENT
By typing their full legal name and clicking "Sign Agreement," Party B agrees that this constitutes a legally binding electronic signature under the U.S. E-SIGN Act and applicable law, with the same force and effect as a handwritten signature.
Party A has executed this Agreement:
Signed: Kimberli Gilbert
Kimberli Gilbert, Everything Webinar Present Simple, Inc. and App2Income
Date: August 19, 2026
Party B (Signing Party) has executed this Agreement:
Signed: [Full legal name typed below]
Date: [Date of electronic signature — recorded automatically at the moment of signing and shown on your emailed copy]