Terms for providing and using mock-ups, prototypes and concepts

Contractor — the individual entrepreneur MAKSIMOV EGOR ANDREEVICH (DevUz Studio), Tashkent, Republic of Uzbekistan. Company details are given in the Public offer on devuz.studio.

Client — a company, individual entrepreneur or private person to whom the Contractor has shown, handed over or sent a Mock-up, and anyone acting in the Client's interests: its employee, subcontractor or another developer.

Mock-up — any result of the Contractor's work shown or handed over to the Client in any form: prototype, concept, design layout, project showcase, page behind a link, markup, program code, styles, texts, illustrations, animations, page structure and composition, set and order of blocks, and any parts of them.

Quoted price — the price of the work that the Contractor named to the Client in correspondence, a commercial proposal, an estimate or an invoice for the project the Mock-up belongs to. If several amounts were named, the highest applies.

All exclusive rights in the Mock-up belong to the Contractor. Showing the Mock-up, sending a link, preparing it free of charge and corresponding about it do not transfer any rights to the Client.

Rights in the Mock-up pass to the Client only under a written contract with the Contractor and only after full payment under that contract.

Without a contract with the Contractor and full payment, the Client may not: use the Mock-up or its parts on its website, in an app, in advertising or any other materials; reproduce or copy the Mock-up, including through browser developer tools, saving the page or screenshots; rework, adapt or rewrite the Mock-up, including with neural networks and other software; hand the Mock-up to third parties, including another developer, as a sample, specification or reference.

The prohibition applies whether the Mock-up is used in whole or in part, literally or in modified form, by the Client itself or by third parties.

For each case of using the Mock-up or its parts in breach of section 3, the Client pays the Contractor a penalty of 200% (two hundred per cent) of the Quoted price.

If no Quoted price was named to the Client, the penalty is 200% (two hundred per cent) of the price of comparable work at the Contractor's rates on the date the breach is detected.

A breach is deemed detected from the moment the Contractor finds signs of the Mock-up in the materials of the Client or of persons acting in its interests.

The penalty is paid within 10 banking days of the Contractor's demand sent by messenger, e-mail or post. Paying the penalty does not grant the right to use the Mock-up and does not release the Client from the duty to stop using it immediately or from compensating losses not covered by the penalty.

After the Client has confirmed that it wants to receive a free Mock-up, the Contractor sends it a link to these terms in the same correspondence. The link is sent for information: no separate consent, signature or reply is required. A Client to whom the link has been sent is deemed to be familiar with the terms.

A free Mock-up is provided only on these terms. The terms are deemed accepted by the Client in full and without reservation (acceptance by conduct) from the first of the following actions taken after the link was sent: continuing the correspondence with the Contractor about the Client's project, including with mention of its website or domain; receiving the Mock-up or opening it through a link; using the Mock-up in any form.

A Client who does not agree with the terms says so in the same correspondence before receiving the Mock-up — the Contractor then does not prepare or send it. A refusal declared after receiving the Mock-up does not release the Client from its obligations under these terms.

If a Mock-up is shown without the Client's prior request, for example as a link in the first message, a link to these terms is placed on the Mock-up itself, and they are accepted by opening it.

Correspondence, link-opening logs and other records of the Contractor confirm that the link was sent, that the Client became familiar with the terms, the acceptance and their dates.

The Contractor may embed hidden technical marks (digital fingerprints) in Mock-ups, unique for each Client and not affecting appearance. The Client agrees that finding such marks in its materials, or in the materials of persons acting in its interests, is sufficient proof that those materials were created on the basis of the Contractor's Mock-up.

The Contractor keeps the development history of Mock-ups and a log of showing them: to whom, when and through which link a Mock-up was shown.

These terms are valid indefinitely from acceptance and remain in force if no contract between the Client and the Contractor was ever concluded.

The Contractor may change these terms by publishing a new version on the website. A Mock-up shown before the change is governed by the version in force on the date of acceptance.

A pre-trial claim is mandatory. The deadline for answering a claim is 10 calendar days from its receipt.

If no agreement is reached, the dispute is heard by the competent court of the Republic of Uzbekistan at the Contractor's location. The law of the Republic of Uzbekistan applies.

If translations differ, the Russian version prevails.