Mutual Nondisclosure Agreement

Last updated: July 10, 2026

In plain English: everything you share with us — pay data, org charts, financials, personnel information — stays confidential, and everything we build for you stays between us. This protection is mutual and begins the moment you subscribe. You accept this Agreement by checking the agreement box during checkout.

This Mutual Nondisclosure Agreement (the “Agreement”) is entered into between Equicomp Advisors (“Advisor”) and the individual or entity that accepts this Agreement (“Client”), each a “Party” and together the “Parties.”

1. Acceptance and Effective Date

Client accepts this Agreement by checking the box indicating agreement during checkout, by clicking a button indicating acceptance, or by otherwise providing Confidential Information to Advisor in connection with an engagement or advisory membership. This Agreement is effective as of the date of such acceptance (the “Effective Date”).

2. Purpose

The Parties wish to exchange certain confidential information in connection with compensation consulting, advisory, and technology implementation services provided by Advisor to Client (the “Purpose”). Each Party may disclose Confidential Information (in that capacity, the “Disclosing Party”) to the other Party (the “Receiving Party”) in connection with the Purpose.

3. Confidential Information

“Confidential Information” means any non-public information disclosed by the Disclosing Party to the Receiving Party, whether orally, in writing, electronically, or by any other means, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation:

Compensation data, salary structures, pay ranges, incentive plans, and total rewards information;
Employee and personnel data, organizational charts, and staffing plans;
Financial information, budgets, forecasts, and business plans;
Business strategies, methodologies, analyses, work product, and deliverables;
Software, tools, models, and technical information; and
The existence and terms of the Parties' engagement.

4. Exclusions

Confidential Information does not include information that the Receiving Party can demonstrate: (a) was publicly available at the time of disclosure or later becomes publicly available through no fault of the Receiving Party; (b) was rightfully known to the Receiving Party without restriction before disclosure by the Disclosing Party; (c) was rightfully received from a third party without a duty of confidentiality; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

5. Obligations of the Receiving Party

The Receiving Party shall: (a) use Confidential Information solely for the Purpose; (b) not disclose Confidential Information to any third party without the Disclosing Party's prior written consent, except to its employees, contractors, and professional advisers who have a need to know for the Purpose and who are bound by confidentiality obligations at least as protective as those in this Agreement; (c) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care; and (d) promptly notify the Disclosing Party upon becoming aware of any unauthorized use or disclosure of Confidential Information.

6. Compelled Disclosure

If the Receiving Party is required by law, regulation, or court order to disclose Confidential Information, it may do so provided that, to the extent legally permitted, it gives the Disclosing Party prompt written notice and reasonable cooperation so the Disclosing Party may seek a protective order or other appropriate remedy, and discloses only the portion of Confidential Information legally required to be disclosed.

7. Aggregated and Anonymized Data

Advisor may use data that has been aggregated and anonymized such that it does not identify Client or any individual, including for benchmarking and improving Advisor's methodologies. Nothing in this Section permits disclosure of Client's identity or of any information from which Client or its personnel could reasonably be identified.

8. Term and Survival

This Agreement applies to Confidential Information disclosed during the Parties' engagement, including any subscription or membership period. The Receiving Party's obligations survive for three (3) years after the last disclosure of Confidential Information, except that obligations with respect to trade secrets survive for as long as the information remains a trade secret under applicable law.

9. Return or Destruction

Upon the Disclosing Party's written request, the Receiving Party shall promptly return or destroy all Confidential Information in its possession, except that the Receiving Party may retain copies as required by law or its bona fide document retention policies, which copies remain subject to this Agreement.

10. No License; No Warranty

No license or other right to Confidential Information is granted by this Agreement, whether by implication or otherwise. All Confidential Information is provided “as is,” and the Disclosing Party makes no warranty as to its accuracy or completeness.

11. Remedies

Each Party acknowledges that unauthorized use or disclosure of Confidential Information may cause irreparable harm for which monetary damages would be an inadequate remedy. The Disclosing Party is therefore entitled to seek injunctive or other equitable relief, in addition to all other remedies available at law or in equity, without the requirement of posting a bond.

12. General

This Agreement does not obligate either Party to disclose any information or to enter into any further agreement. Neither Party may assign this Agreement without the other Party's written consent, except in connection with a merger, acquisition, or sale of substantially all of its assets. This Agreement is governed by the laws of the state in which Advisor maintains its principal place of business, without regard to conflict-of-laws principles. If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force. This Agreement constitutes the entire agreement between the Parties regarding confidentiality and supersedes all prior discussions on that subject; it may be modified only in a writing signed (including electronically) by both Parties.

13. Questions

Questions about this Agreement, or requests for a countersigned copy for your records, can be sent to us through the contact form.