Protected information
Each party may disclose nonpublic business, technical, financial, customer, security, product, pricing, or strategic information marked confidential or reasonably understood to be confidential. FlowState confidential information may include nonpublic engines, scenarios, registries, scoring, routing, weights, thresholds, report logic, source code, architecture, roadmaps, pricing rules, and trade secrets.
Recipient duties
The recipient will use confidential information only for the stated business purpose, protect it with at least reasonable care, disclose it only to representatives who need it and are bound by protective duties, and remain responsible for improper use.
The recipient will not reverse engineer, competitively reconstruct, publish, upload into an unauthorized model or repository, or use protected information to create or improve a competing product.
Exclusions and required disclosure
Protection does not cover information the recipient can document was lawfully known without restriction, independently developed without use of the disclosure, lawfully received from an unrestricted source, or made public without breach. Legally compelled disclosure requires permitted advance notice and reasonable cooperation.
Ownership, duration, and remedies
Disclosure transfers no ownership or license beyond evaluation of the stated purpose. On request or conclusion, protected material will be returned or verifiably deleted, except a legally required archival copy remains protected.
Ordinary confidentiality continues for five years; qualifying trade secrets remain protected while legally qualifying. Unauthorized use may support lawful equitable relief and other available remedies. Colorado law applies except where required otherwise.