G/JuridicalSlotMachine-SimplificationPrinciples-CmA/Form/0.md

Remarks concerning specific terms traditionally included in an NDA which are shortened / omitted in this version

Confidential information
Confidential information will be all information learned of or generated as part of the interaction which is not public. This is default language. It includes any relevant information created before the agreement and learned of as part of the business relationship as well as information generated with the specific purpose of the business relationship. Information that will be learned through other legitimate means will not be part of this NDA. This is a business decision to foster trust. We therefore didn’t include it.
Severability
We didn’t see a relevant use case for an NDA where a part of the agreement were to be nullified by a court and another part of the agreement were to simultaneously exist further onwards. If the agreement or part of it were to be nullified, no party shall be bound. Therefore, no Severability clause is included.
Limitation of Liability
By law (Swiss CO), we and the other party are liable for any damages arising due to a breach of the NDA, if the breach was intentful or negligent. We omitted the traditional „limitation of liability to the extent permitted by law“ (solely liable for intent and gross negligence) as a business decision, to further trust.
Indemnification
In order to further trust between the parties, we omitted an idemnification clause, as this oftentimes comes across as overly mistrustful.