What constitutes a trade secret in software?

A trade secret includes proprietary source code, unique internal architecture, non-public API documentation, and specific configurations that provide a competitive advantage. Simply using a tool like Salesforce or Jira is not a trade secret.

How can I safely list software on my resume?

Focus on the function and the skill set rather than the internal implementation. Use generic descriptions like 'Managed enterprise CRM workflows' instead of 'Configured proprietary XYZ-Tool with internal database schema 4.2'.

A TermScore is an AI-generated risk rating from 0 to 100 that evaluates the fairness and risk level of any legal document. A score of 86-100 means the contract is highly favorable, while 0-30 indicates dangerous terms you should walk away from.

What types of documents can TermScore analyze?

TermScore analyzes any legal document including freelance contracts, employment agreements, residential leases, NDAs, brand sponsorship deals, SaaS vendor agreements, and rental applications. Upload PDFs, Word documents, or images.

How much does TermScore cost?

TermScore offers a free plan with 3 scores per month. The Team plan is $15/month for 30 scores, and the Professional plan is $50/month for 500 scores with team collaboration features.

Is my document data secure?

Yes. Documents are processed in memory and analysis results are stored encrypted. TermScore never shares your document data with third parties and you can delete your data at any time from your dashboard.

Can an employment NDA legally restrict me from mentioning company-specific software tools on my resume?

Q: Can an employment NDA legally restrict me from mentioning company-specific software tools on my resume?

Generally, no. Standard NDAs protect trade secrets, not your professional skills. You have a legal right to describe your experience and the tools you used, provided you do not disclose proprietary source code, confidential algorithms, or non-public internal data.

Generally, no. An employment NDA cannot legally prevent you from listing the software tools you used during your tenure, provided you do not disclose proprietary source code, trade secrets, or non-public internal data. You have a fundamental right to describe your professional experience and technical proficiency.

Understanding the Scope of Your NDA

Most employment NDAs are designed to protect a company's intellectual property (IP) and competitive advantage. They are not intended to act as a "non-compete" that prevents you from marketing your own skills. Courts generally view restrictions on your ability to list standard industry tools as "unreasonable restraints on trade."

What is Protected vs. What is Public

To determine if you are at risk, you must distinguish between the tool itself and the way it was used. The following table clarifies the distinction:

Category	Safe to List	Risky to List
Software Name	Salesforce, Jira, AWS, Python	Proprietary internal tools (e.g., "Project X")
Usage Context	Managed CRM workflows	Detailed internal database schema
Technical Skills	API integration, Data migration	Proprietary algorithms or source code
Project Scope	Increased efficiency by 20%	Specific non-public financial metrics

Key takeaway: If the software is commercially available or widely known in the industry, the company has no legal standing to prevent you from listing it as a skill on your resume.

Action Item: Review your NDA for the definition of "Confidential Information." If it includes "general knowledge acquired during employment," that clause is likely unenforceable in many jurisdictions, including California and New York.

The "Trade Secret" Threshold

The legal protection of software usually falls under the Defend Trade Secrets Act (DTSA) in the U.S. For information to be a trade secret, it must derive independent economic value from not being generally known. Using a standard software tool does not meet this threshold.

Red Flags in Your NDA

If your contract contains the following, you should proceed with caution:

Overbroad Definitions: Clauses that define "Confidential Information" as "anything learned during employment."
Non-Disparagement Clauses: These can sometimes be used as a proxy to punish employees for discussing their work history.
Perpetual Confidentiality: Clauses that claim information remains confidential forever, even if it becomes public knowledge.

Action Item: If your NDA contains these red flags, do not assume they are enforceable. Consult with a legal professional or use an automated analysis tool to assess the specific risk level of your contract.

Best Practices for Resume Writing

You can effectively showcase your expertise without violating your NDA by focusing on the "what" and the "how" rather than the "internal specifics."

Focus on Outcomes: Instead of listing the internal name of a proprietary tool, describe the result. Example: "Optimized data processing pipelines using cloud-based infrastructure."
Use Industry Standards: If you used an internal tool that is a wrapper for a standard technology (e.g., a proprietary UI built on React), list the underlying technology (React) rather than the internal name.
Avoid Proprietary Data: Never include specific metrics, internal project codenames, or screenshots of internal dashboards.

Key takeaway: Your resume should highlight your ability to solve problems. Employers care about your proficiency in categories of software, not the specific internal branding of a company's custom-built tools.

Action Item: Audit your current resume. If you have listed a tool that is highly specific to your former employer, replace it with the industry-standard equivalent or a functional description of the task performed.

Jurisdictional Nuances

Jurisdiction plays a massive role in the enforceability of NDAs. In states like California, the Business and Professions Code Section 16600 strongly favors employee mobility. Courts in these states are highly skeptical of any contract that restricts an individual's ability to practice their profession. Conversely, in states with more employer-friendly laws, you should be more diligent about ensuring your resume does not inadvertently reveal trade secrets.

Action Item: Identify the "Governing Law" clause in your employment contract. If it specifies a state known for strict enforcement, be extra careful about the specific terminology used in your professional profile.

TermScore provides an AI-powered analysis of your employment contracts to identify restrictive covenants and confidentiality clauses that may impact your career mobility. By uploading your document, you can instantly see which sections are standard and which may pose a risk to your professional branding, allowing you to navigate your career with legal confidence.