How does iContract create agreements?

iContract offers fixed agreement templates that use the facts you provide and do not require AI. For specialty agreements without a fixed template, iContract can offer clearly labeled optional AI-assisted drafting.

Does iContract guarantee that an agreement is enforceable?

No. iContract is software, not a law firm, and it does not provide legal advice or guarantee that any agreement is valid or enforceable in a particular jurisdiction. Consider qualified legal review for high-stakes or jurisdiction-specific matters.

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How to Write an NDA: 2026 Step-by-Step Guide

Mutual vs unilateral, what to define as confidential, term length, exceptions — everything you need to draft a binding NDA in 2026.

Published 2026-04-22 · 7 min

Decide: Mutual or Unilateral

Unilateral NDA — One party shares confidential info, the other receives. Common for vendor pitches, employee onboarding. Mutual NDA — Both parties share confidential info. Common for partnership discussions, M&A. Most modern relationships call for mutual NDAs even when one side starts as 'just listening.'

Define 'Confidential Information' Specifically

Vague definitions get NDAs thrown out. Include: business plans, customer lists, financial data, source code, designs, processes — and exclude: publicly available info, info known before disclosure, info independently developed, and info legally required to disclose.

Set the Term

How long does confidentiality last? Standard: 2-5 years for general business info, perpetual for trade secrets and PII. Shorter terms (1-2 years) are normal for vendor pitches.

Add Required Exceptions

All NDAs need carve-outs for:

Specify Remedies

Damages alone often inadequate for confidentiality breaches. Include right to seek injunctive relief, attorney fees, and (for serious cases) liquidated damages.

Free NDA Generator

iContract generates mutual or unilateral NDAs with appropriate carve-outs, your choice of term, and state-compliant language. Free in under 2 minutes.

FAQ

Are NDAs really enforceable?

Yes, well-drafted NDAs are routinely enforced. But poorly drafted ones (vague scope, unreasonable duration, no exceptions) get tossed. Use AI templates with proven enforceable language.

Can I make someone sign an NDA before a meeting?

Yes. It's standard for sensitive discussions. Send the NDA at least 24 hours in advance so they can review (or have counsel review).

Can I include penalties for breaching the NDA?

Liquidated damages clauses are enforceable if the amount is reasonable and tied to actual harm. Excessive penalties may be voided. $5K-$50K per breach is common for small business NDAs.

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