Last Updated: 16/12/2024

This Copyright and Intellectual Property Policy (“Policy”) outlines how Nexwinds Solutions Lda (“we,” “our,” or “us”) handles the ownership and use of intellectual property (“IP”) created during our services, including software, websites, designs, and other deliverables. This Policy also outlines how we respect and protect third-party intellectual property rights.

By engaging with us and using our services, you agree to the terms of this Policy.

1. Ownership of Intellectual Property

1.1. Proprietary IP of Nexwinds Solutions Lda

Nexwinds Solutions Lda retains full ownership of any proprietary tools, technologies, frameworks, designs, and software that we use in the creation and delivery of our services. This includes, but is not limited to:

  • Software frameworks: Any reusable software tools or codebases developed by Nexwinds Solutions Lda.
  • Customizable Templates: Any web, design, or software templates developed by Nexwinds Solutions Lda.
  • Proprietary Methodologies: Any unique processes, techniques, or methodologies that we use in delivering our services.

These elements of intellectual property remain the property of Nexwinds Solutions Lda, and we grant you a non-exclusive, non-transferable license to use them solely in connection with the specific project and purpose for which they were provided, subject to payment and compliance with our terms.

1.2. Client-Owned IP

Unless otherwise agreed in writing, all intellectual property rights related to custom projects created specifically for the Client, such as websites, custom software, or designs, will belong to the Client once the project is completed and the final payment has been made. This includes:

  • Custom Software: Any code or application developed specifically for the Client.
  • Website Designs and Content: Any original designs, artwork, graphics, and content created for the Client.
  • Other Deliverables: Any other work product created specifically for the Client, including marketing materials, logos, and content.

For clarity, this does not include any pre-existing materials, tools, or frameworks used by Nexwinds Solutions Lda to build or deliver the final product, which remain the property of Nexwinds Solutions Lda.

1.3. License to Use Nexwinds Solutions Lda IP

Where Nexwinds Solutions Lda’s proprietary IP is used in the project (e.g., software frameworks, templates, etc.), the Client is granted a license to use that IP solely in connection with the deliverables for the Client’s own business use. This license is:

  • Non-exclusive: The Client does not have exclusive rights to the IP and may not restrict Nexwinds Solutions Lda from using the same IP in other projects.
  • Non-transferable: The Client cannot transfer or sublicense the IP to any third party.
  • Revocable: The license is subject to the Client’s compliance with this Policy, including payment terms.

2. Use of Third-Party Intellectual Property

During the course of our services, Nexwinds Solutions Lda may use third-party intellectual property, such as licensed software, libraries, or APIs, that is required for the functionality of the project. In these cases:

  • Licensing: We ensure that any third-party IP used in the project is properly licensed. You are granted a license to use third-party IP only to the extent necessary to use the final deliverables, subject to the terms of the third-party licenses.
  • Respecting Third-Party Rights: The Client is responsible for ensuring that any third-party content (e.g., images, text, logos) provided to Nexwinds Solutions Lda for use in the project does not infringe upon the intellectual property rights of others.

3.1. Client-Owned Content

Once the project is completed and the Client has paid all associated fees, the Client may place a copyright notice on their content, including:

  • Website designs
  • Software applications
  • Other deliverables created for the Client

The notice should follow the standard copyright format:
© [Year] [Client Name]. All Rights Reserved.

3.2. Nexwinds Solutions Lda-Owned Content

Nexwinds Solutions Lda may, at our discretion, place a copyright notice on any proprietary content or technology used in the project, including the components we have developed or designed that remain our property.

For example:
© [Year] Nexwinds Solutions Lda. All Rights Reserved.

3.3. Protection of Client’s IP

We take appropriate measures to ensure that all Client-owned intellectual property is protected during the course of the project. Upon completion and final payment, we transfer the ownership of Client-specific work to the Client, subject to the terms outlined above.

4. Infringement of Intellectual Property

If either party believes that their intellectual property rights have been infringed upon, they should promptly notify the other party. The notification should include:

  • A description of the alleged infringement.
  • The nature of the infringement (e.g., unauthorized use or reproduction).
  • Any evidence of the infringement.

Upon receiving such a notification, the accused party will take appropriate action to investigate and address the issue, including removing infringing content or resolving the dispute through negotiation or legal means.

5. Termination of License

The license to use Nexwinds Solutions Lda’s proprietary IP (as described in Section 1.3) may be terminated if:

  • The Client fails to comply with the terms of this Policy, including non-payment.
  • There is a breach of this Policy or any related agreements between the Parties.

Upon termination, the Client must cease all use of Nexwinds Solutions Lda’s proprietary IP and return or destroy any materials containing the proprietary IP.

6. Moral Rights

Moral rights refer to the right of the author of a work to be identified as its creator and to object to any derogatory treatment of the work that may harm the author’s reputation. Unless otherwise agreed upon in writing, the Client acknowledges that Nexwinds Solutions Lda may assert moral rights over any custom works created, including requesting credit for the creation of the work or objecting to certain uses of the work that could harm its reputation.

7. Indemnification

The Client agrees to indemnify and hold Nexwinds Solutions Lda harmless against any claims, damages, or liabilities arising from the Client’s use of third-party content or any infringement of third-party intellectual property rights that arises as a result of the Client’s actions or instructions.

8. Modification of This Policy

Nexwinds Solutions Lda reserves the right to modify or update this Copyright and Intellectual Property Policy at any time. Any changes will be communicated to the Client and posted on our website. The revised Policy will be effective immediately upon publication.

9. Governing Law and Dispute Resolution

This Policy is governed by the laws of Portugal. Any disputes arising under this Policy shall be resolved through negotiation between the Parties. If the dispute cannot be resolved amicably, the Parties agree to submit the dispute to binding arbitration in Porto, Portugal, under the rules of the Portuguese Arbitration Center.

10. Contact Us

If you have any questions about this Copyright and Intellectual Property Policy or need further clarification, please contact us at:

Nexwinds Solutions Lda
Rua Engenheiro João Tallone, n.º 80
4470-516 Maia, Porto, Portugal
Email: [email protected]

By engaging with Nexwinds Solutions Lda and using our services, you agree to the terms outlined in this Copyright and Intellectual Property Policy.

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