01Scope
This document forms part of the Terms and Conditions of LISTIFY s.r.o., Company ID: 04198042 (“Listify”), and governs copyright in and ownership of the outputs created for the client. It is based on the Czech Copyright Act (Act No. 121/2000 Coll.) and Section 2358 et seq. of Act No. 89/2012 Coll., the Czech Civil Code.
If an individual contract or an accepted quote provides otherwise, it takes precedence. In the event of a conflict with the Terms and Conditions, this document takes precedence in matters of copyright.
02What the work is
The work means everything Listify creates exclusively for the client as part of a project, in particular:
- the source and compiled code of a website, online store, application, system, or integration,
- the database schema and data structure,
- graphic design, UI, prototypes, illustrations, the logo, visual identity, and brand guidelines,
- text, documentation, specifications, and analyses,
- animations, videos, and other audiovisual outputs.
03Use before payment
Until the price of the project or of a stage of it has been paid in full, Listify grants the client a non-exclusive license to use the work solely for testing, feedback, and approval. During this period, the work may not be used in production unless Listify expressly permits it.
04Rights after payment
Upon full payment of the price of the project or of a stage of it, Listify assigns to the client the right to exercise the economic rights in the work (Section 58 of the Czech Copyright Act), without limitation in scope and for their entire duration. The fee for the assignment is included in the project price. The client deals with the work as its owner and may, in particular:
- use, reproduce, and publish the work,
- modify, translate, and expand the work and combine it with other works, either itself or through third parties,
- license the work or further assign the right to exercise the rights, for example to a new provider, a buyer of the business, or an investor,
- run the work on any infrastructure and with any provider.
Under the law, the author of the work remains the individual who created it. Listify will ensure that the authors have consented in advance to the assignment and to modifications of the work by the client.
Listify undertakes not to use the work for another client or provide it to third parties after payment. The assignment is irrevocable.
05Logos and visual identity
For logos, brands, and visual identity, Listify assigns to the client the right to exercise the economic rights to the extent set out in the “Rights after payment” article and hands over the source files (vector files, print and web exports, brand guidelines). The client may register the brand as a trademark. Listify will cooperate, for example by confirming authorship, but does not handle the registration itself.
Concepts that were not selected remain with Listify, and the client may not use them without agreement.
06Source code and access
After payment, Listify will hand over on request, within 10 business days at the latest:
- the complete source code in a repository with its change history (Git), or an export of it,
- access to servers, domains, cloud accounts, and third-party services held for the client,
- technical documentation to the extent agreed in the quote (architecture, deployment, environment variables, backup restore procedure).
We set up the repository, domains, Vercel and Neon accounts, and other third-party accounts in the client's name, and Listify is added to them as a team member. The exception is smaller projects where the parties agree in the quote that the account will be held in Listify's name; we will transfer such an account to the client's name at any time on request, free of charge.
07Client data
Data that the client or its users enter into the work (products, orders, customers, content, documents) belongs to the client from the outset, regardless of payment. Listify may process it only to perform the project. Personal data is governed by the Data Processing Agreement (DPA).
At the client's request, we export the data in a machine-readable format, even after the relationship ends, within a reasonable time.
08Listify's know-how and tools
Listify retains the rights to its general know-how, methods, templates, libraries, components, and internal tools that were not created exclusively for the client and that Listify uses across projects. If they form part of the work, the client receives a non-exclusive, royalty-free license to them, unlimited in time and territory, to the extent needed to use, modify, and further develop the work, including through a third party.
This license survives the end of the relationship and passes with the work to any transferee.
09Open source and third-party works
The work may include open source libraries and third-party works (fonts, photos, icons, paid APIs). These are governed by their own licenses, which Listify will provide on request in a list of the licenses used.
Listify will not use libraries under a license that would require the client to publish the source code of the work (for example, GPL in a distributed application) without first notifying the client and obtaining its consent.
Paid third-party licenses (fonts, stock photos, templates, SaaS) are paid for by the client and set up in its name unless the quote provides otherwise.
10Client materials
The client is responsible for the materials it provides (text, photos, logos, data) and represents that it has the necessary rights to them. The client grants Listify a non-exclusive license to use them to the extent needed to perform the project.
11Artificial intelligence
We always design logos, brands, and visual identity without generative artificial intelligence. For other outputs, Listify may use artificial intelligence tools as an aid; a human always reviews and edits the outputs, and Listify is responsible for them as for its own performance. Listify does not use tools whose terms would restrict the client's rights to the outputs.
Czech law may not treat purely machine-generated output as a copyrighted work.
12Portfolio and references
Listify may feature the work, the client's name, and the client's logo in its portfolio and client references, even after the relationship ends, except for information protected by confidentiality. The client may object to this at any time by a message in the client account or by email. Listify will then remove the work from its portfolio within 30 days.
13End of the relationship
If the relationship ends before the project is completed, Listify assigns to the client the right to exercise the economic rights, as set out in the “Rights after payment” article, for the parts of the work the client has paid for. Listify hands them over in their state as of the termination date, including the source code and documentation to the extent they exist.
We do not make switching to another provider conditional on any fee beyond unpaid invoices. Handover assistance beyond 4 hours is billed at the hourly rate stated in the quote.