1. Introduction

This policy outlines how intellectual property rights are managed on our platform. It aims to protect the rights of both freelancers and employers while ensuring that all parties understand their responsibilities and the implications of intellectual property created through the platform.

2. Definitions

2.1. Intellectual Property (IP): Includes but is not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights.

2.2. Work Product: Any work created or delivered by a freelancer in the course of performing services for an employer, including but not limited to designs, writings, code, and other creative outputs.

2.3. Ownership: The legal right to possess, use, and control intellectual property.

3. Ownership of Intellectual Property

3.1. Freelancers’ IP Rights

• Pre-existing IP: Any intellectual property owned by a freelancer prior to the engagement with an employer remains the freelancer’s property. The freelancer is not required to transfer ownership of such IP unless specifically agreed upon.
• Work Product: Upon creation and acceptance of the Work Product, intellectual property rights in the Work Product are transferred to the employer, subject to the payment of agreed-upon fees. This transfer includes the right to use, modify, and distribute the Work Product as the employer sees fit.

3.2. Employers’ IP Rights

• Rights to Use Work Product: Employers are granted a license to use the Work Product for the purposes outlined in the project scope and agreement. This license is non-exclusive, worldwide, and royalty-free, and it extends to the employer’s affiliates and successors.
• Restrictions: Employers may not use, distribute, or create derivative works from the Work Product outside the scope of the agreement without obtaining additional consent from the freelancer.

4. Licensing and Transfer of Rights

4.1. License Grant

• Freelancer’s License to Employer: Upon payment, freelancers grant employers a license to use the Work Product for the purposes specified in the project agreement. This license includes the right to copy, modify, and publicly display the Work Product.

4.2. Assignment of Rights

• Full Transfer: The full transfer of intellectual property rights from the freelancer to the employer occurs only upon payment of all fees. Until payment is made, the freelancer retains ownership and control over the Work Product.

5. Confidentiality and Trade Secrets

5.1. Confidential Information

• Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the project. This includes not disclosing or using such information for purposes other than those outlined in the project agreement.

5.2. Protection of Trade Secrets

• Freelancers and employers agree to take reasonable measures to protect any trade secrets or confidential information that may be shared or created during the project.

6. Infringement and Enforcement

6.1. Infringement Claims

• Freelancers: Freelancers warrant that the Work Product does not infringe on the intellectual property rights of third parties. If a third party claims infringement, the freelancer agrees to cooperate with the employer in defending against such claims.
• Employers: Employers must promptly notify the freelancer of any alleged infringement claims related to the Work Product. The freelancer agrees to assist the employer in addressing and resolving such claims.

6.2. Enforcement

• The platform is not responsible for enforcing intellectual property rights. It is the responsibility of the affected party to take legal action if their rights are infringed upon.

7. Dispute Resolution

7.1. Dispute Handling

• Any disputes related to intellectual property rights should be resolved through the platform’s dispute resolution process. Both parties are encouraged to resolve disputes amicably and provide all relevant documentation to facilitate a fair resolution.

7.2. Mediation and Arbitration

• In the event that disputes cannot be resolved through negotiation, parties may seek mediation or arbitration as per the platform’s dispute resolution policies.

8. Platform Responsibilities

8.1. IP Compliance

• The platform takes reasonable measures to ensure that intellectual property rights are respected. However, it does not verify the ownership of intellectual property and disclaims any liability for IP-related disputes between users.

8.2. Reporting IP Violations

• Users who believe their intellectual property rights have been violated may report the issue to the platform’s support team. The platform will review such reports and take appropriate action in accordance with its policies.

9. Changes to the Policy

9.1. Policy Updates

• The platform may update this IPR Policy from time to time. Users will be notified of any changes, and continued use of the platform constitutes acceptance of the updated policy.

10. Contact Information

For any questions or concerns regarding intellectual property rights, users can contact the platform’s support team at [ info@yozarr.com ].