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LEGAL

NDA

Last updated: May 14, 2026

We protect the idea before you disclose it.

Most studios talk about confidentiality after you tell them what you are building.

ScaleUpMedia does it differently.

Before you submit a project idea, scope, budget, target market, or sensitive business detail through our application, you sign our standard mutual NDA digitally. The NDA is signed at the beginning of the signup process, before the project scoring application asks for any project-specific information.

That means there is no window where we receive your idea without confidentiality obligations already in place.

How It Works

The flow is intentionally different from how most agencies and development shops handle new project intake.

When you create an account at app.scaleupmedia.com, the first step is digital signature of our standard mutual NDA. The signature is captured electronically, a copy is emailed to you, and the signed agreement is stored in your account for reference.

Only after the NDA is signed does the project scoring application ask for details about what you want to build.

That may include:

  • Your idea
  • Project scope
  • Budget
  • Timeline
  • Target market
  • Business model
  • Technical requirements
  • Sensitive business details

Most agencies reverse this process. They ask you to fill out a contact form, describe your idea over email, or talk through the concept on a sales call before an NDA is in place.

We believe the protection should come first.

Electronic Signature

The ScaleUpMedia mutual NDA may be signed electronically.

By signing electronically, you agree that your electronic signature has the same legal effect as a handwritten signature and that the electronically signed NDA is valid, binding, and enforceable.

After signing, a copy of the executed NDA is emailed to you and may also be stored in your account for reference.

When the NDA Applies

The NDA applies from the moment it is signed during account creation at app.scaleupmedia.com.

It covers the prospective-client relationship from signup forward, including:

  • Project scoring
  • Scope discussions
  • Pricing conversations
  • Technical assessments
  • Pre-contract due diligence
  • Strategy conversations
  • Early venture evaluation
  • Communications before a formal engagement begins

If you move forward with ScaleUpMedia, your paid engagement will be governed by a separate Engagement Contract. That contract includes confidentiality terms specific to the engagement and supersedes the NDA where both documents cover the same subject matter.

If you decide not to move forward, the NDA still applies to confidential information shared during the prospective-client phase.

No Obligation to Proceed

Signing the NDA does not require either party to move forward with a paid engagement.

The NDA allows both sides to discuss a potential project with confidentiality protections in place. It does not create a partnership, joint venture, employment relationship, service obligation, exclusivity obligation, or commitment to sign an Engagement Contract.

Paid work begins only if both parties execute a separate Engagement Contract.

Information Shared Before Signing

The NDA is designed to be signed before project details are submitted through the ScaleUpMedia application.

If you send confidential information to ScaleUpMedia before signing the NDA, such as by unsolicited email, social message, or other communication, that information may not be protected by the NDA unless otherwise agreed in writing.

For that reason, we recommend signing the NDA through the ScaleUpMedia application before submitting sensitive project details.

What the NDA Covers

The NDA is mutual. It protects confidential information shared in either direction.

Information You Share With Us

This may include:

  • Business ideas
  • Product concepts
  • Project scope
  • Technical architecture
  • Business models
  • Target markets
  • Customer information
  • Financial details
  • Proprietary processes
  • Internal strategy
  • Sensitive business information
  • Any other information reasonably understood to be confidential

Information We Share With You

This may include:

  • ScaleUpMedia methodology
  • Internal systems
  • Tooling
  • Pricing structures
  • Build patterns
  • Automation frameworks
  • Infrastructure details
  • Venture studio processes
  • Other proprietary information we disclose while helping you evaluate working with us

Communications

The NDA also covers written, verbal, and digital communications exchanged during the prospective-client phase, to the extent those communications include confidential information.

What the NDA Does Not Cover

The NDA includes standard exclusions.

It does not protect information that:

  • Was lawfully known to the receiving party before disclosure
  • Becomes publicly available through no fault of the receiving party
  • Is rightfully received from a third party without breach of a confidentiality obligation
  • Is independently developed without use of or reference to confidential information
  • Is required to be disclosed by law, court order, subpoena, or legal process, subject to the notice provisions in the NDA

Generic ScaleUpMedia case studies, public portfolio references, public venture names, and information that has already been publicly disclosed are also outside the NDA's scope.

After the NDA

If you and ScaleUpMedia move forward into a paid engagement, both parties will sign a formal Engagement Contract.

That Engagement Contract will include confidentiality terms tailored to the specific engagement, including any applicable terms related to deliverables, ownership, data handling, intellectual property, access, and disclosure.

Where the NDA and the Engagement Contract both apply, the Engagement Contract controls for that specific engagement.

If you do not move forward, the NDA continues to govern confidential information shared during the prospective-client phase.

Either party may request the return or destruction of tangible or digital records containing confidential information, subject to legal, compliance, backup, and recordkeeping requirements.

Why We Do This

Early-stage ideas, technical concepts, venture opportunities, and business strategies are often most vulnerable before a formal contract exists.

That is exactly when most agencies have the least structure in place.

ScaleUpMedia uses the NDA-first process because we often review sensitive information before an engagement begins, including product concepts, market opportunities, automation workflows, internal operations, technical architecture, and go-to-market strategies.

Our process is designed to give both sides confidence before deeper conversations begin.

Review the NDA Before Signing Up

If you would like to review the NDA before creating an account, you can request a copy of the current standard mutual NDA template.

To request the current standard mutual NDA template for pre-signup review, email matt@reply.scaleupmedia.com with the subject line "NDA Template Request". We will send the current generic version of the NDA template for pre-signup review.

Questions

For questions about the NDA, the signup flow, or how confidentiality is handled at ScaleUpMedia, contact:

ScaleUp Media, LLC
8805 Tamiami Trail, Suite 183
Naples, FL 34108
United States

Email: matt@reply.scaleupmedia.com