Review and electronically sign the unilateral non-disclosure agreement below. Submissions are reviewed by Kinetic Vision Golf; if approved, the team will follow up with you regarding password-protected investor materials — we do not send an automated passphrase.
Accredited investors Materials behind this process are intended for persons who meet the definition of an accredited investor under U.S. securities laws.
For you, before you sign If you are reviewing or signing this NDA—personally or for your organization—it is provided so you can evaluate a potential investment. It is not legal advice from Kinetic Vision Golf. Please have your own qualified counsel review it and advise you before you sign or rely on it.
Unilateral non-disclosure agreement (investor evaluation)
This Unilateral Non-Disclosure Agreement (the "Agreement") is entered into as of the Effective Date, by and between:
Disclosing Party: Kinetic Vision Golf, Inc., a New Jersey Corporation ("Company").
Receiving Party: the Evaluator identified in the signature block below, located at the address provided ("Evaluator").
1. Purpose
The Company possesses certain highly confidential and proprietary technical and business information. The Evaluator wishes to review this information solely for the purpose of evaluating a potential financial investment in the Company’s current fundraising round (the "Purpose"), and the Company is willing to disclose such information subject to the strict terms of this Agreement.
2. Definition of Confidential Information
"Confidential Information" refers to all non-public information disclosed by the Company to the Evaluator, whether in writing, orally, visually, or via access to a password-protected data room. Without limiting the foregoing, Confidential Information includes any information, materials, models, communications, or files that the Company designates or marks as confidential, proprietary, subject to restriction, or with comparable intent—including by legend, header, footer, cover page, watermark, metadata, file name, data-room label or index entry, email or other written or electronic notice, or oral disclosure that the Company identifies as confidential at the time of disclosure or confirms in writing (including by email) within thirty (30) days—whether or not specifically described in the list below.
The following categories are illustrative and non-exclusive:
- Engineering & Physics Models: Data regarding impact survivability, energy transfer, and form-factor specifications required to meet USGA conformance.
- Electronics & Tracking: Schematics, integration methods, and architecture for Ultra Wide Band tracking and compatibility with external ecosystems (e.g., Apple U1 (Ultra Wide Band chip)).
- Power Systems: Specifications, calculations, and simulations regarding piezo energy harvesting, energy budgets, and battery-free power generation.
- Manufacturing & Supply Chain: The complete Bill of Materials (BOM), component sourcing, cost analyses, and manufacturing scale-up plans.
- Intellectual Property: Unredacted details, claims, and experimental data pertaining to the Company’s five (5) pending patent applications.
3. Non-Use and Non-Circumvention
The Evaluator agrees that it shall:
- Use the Confidential Information strictly and exclusively for the Purpose of evaluating an investment in the Company.
- Not use the Confidential Information to reverse-engineer the Company's technology, develop competing products, or file any patent applications based on the Company's disclosures.
- Not circumvent the Company by using the Confidential Information to directly or indirectly engage with the Company’s listed suppliers, manufacturing partners, or competitors (e.g., major golf equipment manufacturers) regarding the Company’s technology.
4. Restrictions on Disclosure
The Evaluator shall maintain the Confidential Information in strict confidence and shall not disclose it to any third party. The Evaluator may only disclose the Confidential Information to its internal officers, employees, or technical advisors who have a strict "need to know" to evaluate the investment, provided that such individuals are bound by written confidentiality obligations at least as protective as this Agreement. The Evaluator shall be strictly liable for any breach of this Agreement by its advisors or representatives.
5. No License Granted
All Confidential Information, including all intellectual property rights therein, shall remain the sole and exclusive property of Kinetic Vision Golf, Inc. Nothing in this Agreement shall be construed as granting the Evaluator any license or rights under any patent, copyright, trade secret, or other intellectual property of the Company.
6. Term and Trade Secret Protection
This Agreement controls the disclosure of Confidential Information for a period of one (1) year from the Effective Date. The Evaluator's obligation to protect the Confidential Information shall survive for a period of five (5) years from the date of disclosure; provided, however, that for any information constituting a trade secret under applicable law (including but not limited to the Bill of Materials and proprietary engineering simulations), the obligations of confidentiality and non-use shall remain in effect for as long as such information remains a trade secret.
7. Return or Destruction of Materials
Upon the Company’s written request, or upon the Evaluator's decision not to proceed with an investment, the Evaluator shall promptly delete, destroy, or return all copies of the Confidential Information (including downloaded data room files) and, if requested, certify in writing that such destruction has occurred.
8. Equitable Relief
The Evaluator acknowledges that the Company's technology represents a significant competitive advantage and that any unauthorized use or disclosure of the Confidential Information will cause immediate, irreparable harm to the Company's patent strategy and business. The Company shall be entitled to seek injunctive relief and specific performance, in addition to any other remedies available at law, without the necessity of posting a bond.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in New Jersey for any disputes arising under this Agreement.
10. Electronic signature
The Evaluator agrees that submitting this form with a typed legal name that matches the authorized signer's name constitutes the Evaluator's electronic signature and acceptance of this Agreement, enforceable under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and comparable state laws, with the same force as a handwritten signature.
Sign and submit
Submissions are sent via Formspree to the address configured for this form. If you need help, email [email protected].
Thank you
Your NDA was received. We’ll follow up by email if we can grant access to the materials room. We do not send a passphrase automatically. Questions? [email protected].