Gembah, Inc. · Austin, Texas
The short version. Scout is your private workspace to develop a physical product with Gembah. Here's what matters most, in plain language — the full terms are below and control.
These Terms of Service and Confidentiality ("Terms") are an agreement between you ("you") and Gembah, Inc. ("Gembah," "we," "us"). By creating a Scout Workspace account, checking the acceptance box, or using Scout, you agree to these Terms. If you do not agree, do not create an account or use Scout.
If you are using Scout on behalf of a company or other organization, you represent that you are authorized to bind that organization, and "you" means both you and that organization.
You must be at least 18 years old and able to enter into a binding contract. Scout is a business tool for developing products; it is not intended for personal, household, or consumer use.
This section takes effect the moment you create your account. You and Gembah each agree to protect the other's Confidential Information on the terms below. This mirrors the confidentiality protections in Gembah's standard Mutual Non-Disclosure Agreement.
"Confidential Information" means non-public information one party discloses to the other, in any form, whether or not marked confidential. Your Confidential Information includes your product ideas, designs, sketches, tech packs, files, business and financial information, and everything in your Scout conversations and documents. Gembah's Confidential Information includes its pricing, methods, supplier and factory information, tooling, and the non-public workings of Scout (see §9).
Each party may share the other's Confidential Information with its own employees, officers, directors, and professional advisors who need it for the purpose and are bound by confidentiality obligations at least as protective as these. For Gembah, this is how our team helps you: Gembah employees and the experts, designers, and vetted partners we assign to your project may access your workspace to do the work — all under confidentiality obligations to Gembah.
The heart of it, in your words: your conversation is between you and Scout, but Gembah can see it so we can actually help you. We will not disclose the specifics of your project to anyone outside Gembah's team and vetted partners unless you ask us to — for instance, when you tell us to share your requirements with a factory to get you a quote, or bring in an outside collaborator to complete a task.
Confidential Information does not include information that: (a) is or becomes public through no fault of the receiving party; (b) the receiving party already knew without a confidentiality obligation; (c) is rightfully received from a third party free to share it; or (d) is independently developed without using the other party's Confidential Information. A party may also disclose Confidential Information if legally required (for example, by court order), giving prompt notice where lawful and disclosing only what is required.
These confidentiality obligations continue for five (5) years from the date each piece of Confidential Information is disclosed. If you and Gembah later sign a project agreement or a standalone NDA covering the same subject, that agreement governs going forward.
Both parties agree that money damages may not be a sufficient remedy for a breach of this section, and that the non-breaching party may seek injunctive relief in addition to any other remedy, without needing to post a bond.
To provide Scout and help you develop your product, Gembah:
We do not sell your personal information, and we do not disclose the specifics of your project to other founders or to the public.
What makes Scout useful is what makes it careful. Scout can help you because Gembah has learned from thousands of real product journeys. We build that shared intelligence the same way we'll treat yours: by stripping out anything that identifies a specific founder or project first.
You agree that Gembah may use information from your use of Scout to train, evaluate, and improve Scout and Gembah's products and services, on a de-identified and aggregated basis. This means:
Aggregated and de-identified insights are not your Confidential Information and may be used and retained without restriction, because they cannot be traced back to you.
Scout runs on third-party infrastructure and AI models (for example, cloud hosting and a large language model provider). These providers process your information only to run the service for Gembah, under contractual confidentiality and security obligations, and not for their own purposes. Using vetted service providers in this way is part of operating Scout; it is not "sharing" your information in the sense of §4.
Scout, its underlying prompts, models, methods, pricing logic, supplier and factory information, and Gembah's aggregated dataset are Gembah's Confidential Information and property. In the course of using Scout you may see Gembah pricing, approaches, or supplier information. You agree to keep that confidential under §4, to use it only to work on your own product, and not to copy, resell, publish, or reverse-engineer Scout or use it to build a competing service.
Gembah's vetted manufacturing and supplier network is one of the things Gembah brings to your project, and it is confidential. If Gembah identifies specific factories, suppliers, or partners for your product, you agree not to use that information to contact or engage those specific suppliers to circumvent Gembah, for the duration of your engagement and for [12 months] afterward. This does not restrict suppliers you already had a relationship with or find independently.
You agree not to use Scout to:
We keep your workspace so you can pick up where you left off. You may request a copy or deletion of your account data at privacy@gembah.com. On deletion we remove or de-identify your personal information within a reasonable period, except where we must retain it by law or in routine backups. De-identified and aggregated data described in §6 is not tied to you and is not deleted, because it cannot be traced back to you.
Scout is provided "as is" and "as available." To the fullest extent permitted by law, Gembah disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and does not warrant that Scout will be accurate, uninterrupted, or error-free. Gembah makes no representation as to the accuracy or completeness of any information Scout provides.
To the fullest extent permitted by law, neither party will be liable to the other for any special, indirect, incidental, or consequential damages, including lost profits, lost value, or business interruption, arising out of or relating to Scout or these Terms, however caused. Gembah's total liability arising out of or relating to Scout will not exceed the greater of the amounts you paid Gembah for Scout in the twelve months before the claim, or US$100. Nothing in these Terms limits liability that cannot be limited by law, or either party's confidentiality obligations under §4.
You may stop using Scout and close your account at any time. Gembah may suspend or terminate access if you violate these Terms or to protect the service or other users. Sections that by their nature should survive — including §4 (confidentiality), §8–§10 (IP, Gembah's information, supplier network), and §14–§18 — survive termination.
We may update these Terms. If we make material changes, we'll give reasonable notice (for example, by email or in the workspace) and update the version and date above. Continuing to use Scout after changes take effect means you accept the updated Terms.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The parties submit to the courts located in Travis County, Texas for any dispute, except that either party may seek injunctive relief for a breach of confidentiality in any court of competent jurisdiction.
You agree to transact electronically. When you check the acceptance box and create your account, you are providing a legally binding electronic signature to these Terms, including the mutual confidentiality agreement in §4. Gembah records the version you accepted and the date and time of acceptance.
Gembah, Inc., 906 E 5th St #203, Austin, Texas 78702 · support@gembah.com · privacy questions: privacy@gembah.com.