This Intellectual Property Policy expands upon Sections 12 and 13 of the Wafix Technologies Terms and Conditions and applies to all intellectual property created, used, or licensed in connection with Services provided by Wafix Technologies (“Wafix Technologies,” “we,” “us,” or “our”). Capitalized terms not defined here have the meanings given in the Terms and Conditions.
1. Purpose
This policy is intended to provide Clients with a clear understanding of who owns what intellectual property before, during, and after an engagement with Wafix Technologies, and to set expectations regarding the use of pre-existing tools, open-source components, and AI-assisted output.
2. Categories of Intellectual Property
2.1 Client Materials. Any logos, trademarks, brand guidelines, copy, photography, video, source code, or other pre-existing materials provided by the Client to Wafix Technologies for use in a project remain the sole property of the Client (or its licensors). The Client grants Wafix Technologies a limited, non-exclusive, revocable license to use, reproduce, adapt, and display Client Materials solely as necessary to perform the applicable Services.
2.2 Custom Deliverables. Custom designs, custom-written code, custom copy, and other work product created by Wafix Technologies specifically for the Client under a given Order (“Custom Deliverables”) are assigned to the Client upon full payment of all fees due under that Order, as set forth in Section 12.2 of the Terms and Conditions. Until full payment is received, all Custom Deliverables remain the property of Wafix Technologies, and the Client’s use is limited to internal review.
2.3 Pre-Existing IP. Wafix Technologies’s proprietary frameworks, boilerplate code, internal tools, design systems, templates, automation scripts, and methodologies developed independently of any specific Client engagement (“Pre-Existing IP”) remain the property of Wafix Technologies at all times. Where Pre-Existing IP is incorporated into a Client’s Custom Deliverables, Wafix Technologies grants the Client a perpetual, non-exclusive, royalty-free, worldwide license to use that Pre-Existing IP solely as embedded within the Deliverables, without the right to extract, resell, or sublicense the Pre-Existing IP on a standalone basis.
2.4 Third-Party Components. Deliverables may incorporate open-source software, licensed stock photography, fonts, plugins, themes, or other third-party components (“Third-Party Components”). Third-Party Components remain subject to their original license terms (for example, MIT, GPL, Apache, or a stock media license), and the Client’s rights to use such components are governed by those third-party licenses, not by this policy or the Terms and Conditions. Wafix Technologies will identify material Third-Party Components used in a project upon reasonable request.
2.5 AI Generated Content. Content, code, or designs produced using artificial intelligence tools as part of the Services are addressed in Section 21 of the Terms and Conditions and Section 6 below.
3. Trademarks
Nothing in this policy or the Terms and Conditions grants either party any right to use the other party’s trademarks, trade names, or logos except as expressly authorized in writing, including under Section 13 (Portfolio Rights) of the Terms and Conditions.
4. Work-Made-for-Hire and Assignment Mechanics
Where permitted under applicable copyright law, Custom Deliverables created by Wafix Technologies employees within the scope of their employment for a specific Client Order may constitute a “work made for hire” owned by the Client upon creation, subject to full payment. Where a work-made-for-hire characterization is not available under applicable law (for example, in certain jurisdictions or where a Custom Deliverable is created by an independent contractor of Wafix Technologies), Wafix Technologies hereby assigns, and will cause its contractors to assign, all right, title, and interest in the applicable Custom Deliverables to the Client upon full payment, excluding Pre-Existing IP and Third-Party Components as described in Section 2.
5. Moral Rights
To the extent enforceable under applicable law, Wafix Technologies waives, and will use commercially reasonable efforts to cause its personnel and contractors to waive, any moral rights in Custom Deliverables assigned to the Client, except where such waiver is not permitted by applicable law.
6. AI-Assisted Work and Intellectual Property Uncertainty
The Client acknowledges that the ownership and protectability of content generated using artificial intelligence tools remains an evolving and, in some jurisdictions, unsettled area of law. Wafix Technologies assigns its own rights, if any, in AI Generated Content created specifically for the Client to the Client upon full payment, to the same extent as other Custom Deliverables, but does not warrant that such AI Generated Content is eligible for copyright or other intellectual property protection, or that it does not incorporate elements resembling training data or output generated for other parties. The Client is responsible for making its own determination as to whether additional human authorship, modification, or registration steps are necessary to secure intellectual property protection for AI-assisted Deliverables.
7. Portfolio and Marketing Use
As set forth in Section 13 of the Terms and Conditions, Wafix Technologies retains the right to showcase completed Deliverables in its portfolio and marketing materials unless the Client requests confidentiality in writing and Wafix Technologies agrees in writing.
8. Third-Party Infringement Claims
If a third party notifies Wafix Technologies or the Client of a claim that a Deliverable infringes that party’s intellectual property rights, the notified party will promptly inform the other party, and the parties will cooperate in good faith to assess and respond to the claim consistent with the indemnification obligations in Section 28 of the Terms and Conditions.
9. Reporting Intellectual Property Concerns
If you believe that content on a Wafix Technologies-operated website or platform infringes your intellectual property rights, please refer to the Wafix Technologies Copyright & DMCA Policy for the applicable notice-and-takedown procedure.