Intellectual Property & Code Ownership Policy

Effective Date: Sept 6 2025
Company: Darn.pro

1. Policy Overview

This policy establishes clear ownership rights for intellectual property created, used, or modified during WordPress consulting and development projects. It protects both client investments and Darn.pro's business assets while ensuring fair and transparent ownership arrangements.

2. Client-Owned Intellectual Property

2.1 Custom Development Work

Upon full payment, clients receive complete ownership of:

  • Custom code written specifically for their project requirements

  • Custom WordPress themes developed exclusively for their use

  • Custom plugins created specifically for their unique needs

  • Custom integrations and API connections built for their systems

  • Database structures designed specifically for their data requirements

2.2 Client-Provided Materials

Clients retain full ownership of:

  • All content, text, images, and media provided by the client

  • Brand elements, logos, and design materials supplied by the client

  • Existing website content and data

  • Business processes and proprietary information shared during the project

  • Domain names and hosting accounts

2.3 Work-for-Hire Provisions

  • Custom development work constitutes "work for hire" under applicable copyright law

  • Client ownership is contingent upon full payment of all invoices

  • Until final payment, Darn.pro retains ownership rights to custom work

  • Upon payment, all rights, title, and interest transfer to the client

3. Darn.pro Retained Intellectual Property

3.1 Pre-Existing Assets

Darn.pro retains full ownership of:

  • Development frameworks, boilerplate code, and starter templates created before the project

  • Proprietary tools, utilities, and automation scripts

  • Internal processes, methodologies, and workflows

  • Code libraries and reusable components developed for general use

  • Business systems, pricing models, and operational procedures

3.2 General Knowledge and Techniques

Darn.pro retains the right to use:

  • General programming techniques and methodologies

  • Industry best practices and coding standards

  • Problem-solving approaches and architectural patterns

  • General WordPress development knowledge and experience

  • Skills, concepts, and know-how gained during the project

3.3 Derivative Works and Improvements

  • Improvements to pre-existing Darn.pro tools remain property of Darn.pro

  • Generic solutions that could benefit multiple clients remain property of Darn.pro

  • Client-specific implementations of general concepts become client property upon payment

4. Third-Party Intellectual Property

4.1 Open Source Components

  • WordPress core, themes, and plugins are governed by their respective licenses (primarily GPL)

  • Open source libraries and frameworks retain their original licensing terms

  • Client receives usage rights according to the terms of each open source license

  • Darn.pro ensures compliance with all open source license requirements

4.2 Premium Third-Party Components

  • Premium themes and plugins remain property of their original developers

  • Client receives usage rights according to the license purchased

  • Darn.pro facilitates license acquisition but does not transfer ownership of third-party IP

  • License terms and restrictions are determined by the original vendor

4.3 Third-Party Services and APIs

  • Integration with third-party services (payment processors, email services, etc.) subject to their terms

  • API connections do not grant ownership of the third-party service or its IP

  • Client responsible for maintaining compliance with third-party service terms

5. Shared and Hybrid Ownership Scenarios

5.1 Customized Third-Party Components

When modifying existing themes or plugins:

  • Original component remains property of its creator

  • Custom modifications become client property upon payment

  • Modified code must comply with original component's license terms

  • Distribution restrictions may apply based on original license

5.2 Collaborative Development

For projects involving multiple developers or agencies:

  • Ownership agreements established before work begins

  • Each party retains rights to their pre-existing IP

  • New collaborative work ownership defined by written agreement

  • Client receives appropriate usage rights for all components

6. Usage Rights and Restrictions

6.1 Client Usage Rights

Upon payment, clients may:

  • Use, modify, and distribute their custom code without restriction

  • Hire other developers to maintain or modify their custom code

  • Integrate their custom code with other systems or applications

  • Create derivative works based on their custom code

6.2 Client Restrictions

Clients may not:

  • Claim ownership of Darn.pro's pre-existing tools or methodologies

  • Redistribute Darn.pro's proprietary frameworks or tools to third parties

  • Reverse engineer Darn.pro's internal business processes or systems

  • Use Darn.pro's retained IP for competing business purposes

6.3 Darn.pro Usage Rights

Darn.pro may:

  • Use general knowledge and techniques gained from client projects in future work

  • Reference the client relationship for business purposes (subject to confidentiality agreements)

  • Develop similar solutions for other clients using general approaches learned

  • Create generic tools based on concepts explored during client work

6.4 Darn.pro Restrictions

Darn.pro may not:

  • Reuse client-specific custom code for other clients without permission

  • Share client proprietary information or unique business processes

  • Claim ownership of client-provided content or materials

  • Use client-specific implementations for competing businesses

7. WordPress and GPL Considerations

7.1 GPL Compatibility

  • All WordPress-related development must comply with GPL license requirements

  • Custom themes and plugins for WordPress are subject to GPL licensing terms

  • Clients receive full GPL rights to their custom WordPress code

  • GPL requires that derivative works also be licensed under GPL

7.2 GPL Implications

  • Custom WordPress themes and plugins must be distributed under GPL if distributed at all

  • Clients may freely distribute their custom WordPress code under GPL terms

  • Commercial use of GPL-licensed code is permitted

  • GPL does not affect ownership of non-WordPress components or standalone applications

8. Portfolio and Marketing Rights

8.1 General Reference Rights

Darn.pro may:

  • List client company name as a business reference

  • Describe general scope of services provided in non-confidential terms

  • Use project as a case study with client permission

  • Include anonymized examples of technical solutions in marketing materials

8.2 Visual and Detailed Usage

Darn.pro requires written permission to:

  • Display screenshots or visual representations of client websites

  • Share specific code examples or implementation details

  • Use client branding or logos in marketing materials

  • Create detailed case studies with specific business information

8.3 Client Opt-Out Rights

Clients may:

  • Request removal from reference lists at any time

  • Prohibit use of their project for marketing purposes

  • Require anonymization of any case studies or examples

  • Restrict use of their company name or branding

9. Dispute Resolution and Enforcement

9.1 Ownership Disputes

  • Good faith negotiation required before legal action

  • Mediation encouraged for complex ownership questions

  • Clear documentation and version control used to establish development timeline

  • Burden of proof on party claiming ownership rights

9.2 Infringement Claims

  • Prompt notification required for any suspected IP infringement

  • Cooperation in resolving third-party IP claims

  • Indemnification provisions as outlined in service agreements

  • Professional liability insurance coverage for IP-related claims

10. Implementation and Communication

10.1 Project Documentation

  • IP ownership clearly documented in project proposals

  • Custom vs. pre-existing components identified before development

  • Third-party component licenses documented and provided to client

  • Ownership transfer documented upon final payment

10.2 Client Communication

  • IP policy shared with clients before project commencement

  • Questions about ownership addressed proactively during project planning

  • Regular updates on IP considerations for complex projects

  • Final deliverables include complete IP documentation

11. Policy Updates and Modifications

11.1 Policy Changes

  • Policy updates communicated to active clients

  • Material changes applied only to new projects unless agreed otherwise

  • Granular project-specific IP terms may modify this general policy

  • Written agreements take precedence over this general policy

11.2 Retroactive Application

  • Policy changes do not affect previously completed projects

  • Existing client relationships governed by terms in effect at project start

  • Renegotiation possible by mutual agreement

  • Clear documentation maintained for all policy versions and applicable dates

Contact Information:
For questions about intellectual property rights or ownership of specific project components, please contact:

Darn.pro
contact@darn.pro

This policy is designed to ensure fair and clear intellectual property arrangements that protect both client investments and Darn.pro's business interests.