Intellectual Property Assignment

Purpose and scope

This Intellectual Property Assignment ("this Assignment") is between TrackMy Tech Private Limited ("the Company", "we", "us") and the person accepting it ("you", "the Intern"). It explains who owns the work you create during your internship, what you keep, and how you may talk about your work afterwards.

It applies to every intern of the Company, whether paid or unpaid, and whether remote, on-site or hybrid. It should be read with your offer letter, the Confidentiality and Non-Disclosure Agreement, the Internship Policy and Terms of Engagement, the Intern Code of Conduct, and the IT, Device and Acceptable Use Policy.

In short: work you create for the Company during your internship belongs to the Company. What you owned before, and what you create on your own outside the internship, stays yours. You can describe your role and what you learned, but you need written approval before sharing code or confidential material.

1. Definitions

1.1 "Internship Work" means any work, in any form, that you create, write, design, develop or contribute to, alone or with others:

(a) during your internship, while carrying out tasks assigned by or on behalf of the Company; or

(b) using the Company's systems, accounts, repositories, devices, Confidential Information or resources, whether or not during working hours.

1.2 Internship Work includes, without limitation: source code and object code (including commits, pull requests and code reviews), scripts, configurations and infrastructure files, database schemas, software documentation, user interface and visual designs, graphics, logos, wireframes and prototypes, written content such as blog posts, marketing copy and reports, data sets and test data, audio and video, presentations, and inventions, ideas, improvements and processes.

1.3 "Intellectual Property Rights" means copyright (including all rights under section 14 of the Copyright Act, 1957, such as the rights to reproduce, issue copies, communicate to the public, adapt, translate and, for computer programs, to sell or give on commercial rental), rights in inventions and patents, designs, trade marks, trade secrets, database rights, and any similar rights anywhere in the world, whether registered or not.

1.4 "Pre-existing IP" means any work and Intellectual Property Rights that you created or owned before your internship started, or that you create outside the internship without using any Company resources or Confidential Information and that do not relate to tasks assigned to you.

1.5 "Open-Source Software" means software made available under a licence approved by the Open Source Initiative, or a similar public licence (for example MIT, Apache 2.0, BSD, GPL, LGPL, MPL).

1.6 "Confidential Information" has the meaning given in the Confidentiality and Non-Disclosure Agreement.

2. Assignment

2.1 What is assigned. In consideration of the internship opportunity, the training and mentoring you receive, your internship certificate and experience letter, any stipend stated in your offer letter, and the mutual promises in this Assignment (which you accept as sufficient), you hereby assign to the Company all of your rights, title and interest, including all Intellectual Property Rights, in all Internship Work.

2.2 Future work. For Internship Work that does not yet exist when you accept this Assignment, this Assignment operates as a present assignment of the future copyright and other rights, so that ownership passes to the Company automatically as soon as each item of Internship Work comes into existence, as permitted by section 18(1) of the Copyright Act, 1957.

2.3 Rights assigned. The assignment covers every right in the Internship Work, including the right to use, reproduce, store, modify, adapt, translate, combine with other works, publish, distribute, sell, license, communicate to the public, commercially exploit, register, and enforce those rights, in all media and formats, whether now known or developed in the future.

2.4 Duration. The assignment is for the full term of each Intellectual Property Right, including any renewals and extensions.

2.5 Territory. The assignment is worldwide.

2.6 Royalty. No royalty or further payment is due to you for the assignment or for any use of the Internship Work by the Company, beyond what is stated in your offer letter.

2.7 Identification of work. The Internship Work is identified by reference to: the tasks and projects assigned to you as recorded in the Company's project tools and communications; your commits, pull requests and contributions in Company repositories; and the files you create or edit in Company accounts. The Company may, at any time, list specific items in writing, and you agree that any such list is included in this Assignment without limiting the general description in clause 1.1.

3. Your further obligations

3.1 Disclosure. You will promptly tell your supervisor about any Internship Work that may be an invention, patentable or registrable.

3.2 Further assurance. During and after your internship, you will sign any further document and take any reasonable step the Company asks for to confirm, register or enforce its rights in the Internship Work, including a separate deed of assignment. The Company will pay any reasonable out-of-pocket expenses you incur in doing so.

3.3 No third-party material without approval. You will not knowingly include in Internship Work any material that belongs to someone else (including a previous employer, a client of another company, or your university) unless the Company has approved it in writing.

3.4 Non-exercise of rights. You agree that the assignment will not lapse or revert to you if the Company does not exercise any assigned right within one year, or at all. The Company may decide not to use any Internship Work.

4. Pre-existing IP and open-source carve-outs

4.1 Your pre-existing IP stays yours. This Assignment does not transfer your Pre-existing IP to the Company. You should list any Pre-existing IP that you may use during the internship in Schedule A. If you are unsure, list it.

4.2 Licence where you use pre-existing IP. If, with your supervisor's approval, you include any of your Pre-existing IP in Internship Work, you grant the Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence (with the right to sublicense to its clients) to use, modify and distribute that Pre-existing IP as part of, or together with, that Internship Work. You keep ownership.

4.3 Open-source software. Open-Source Software that you use in Internship Work remains subject to its own licence, and this Assignment does not claim ownership of it. You will:

(a) use only Open-Source Software that is permitted under the IT, Device and Acceptable Use Policy or approved by your supervisor;

(b) not add any copyleft component (for example GPL or AGPL) to a Company or client codebase without written approval; and

4.4 Contributions to public open-source projects. If the Company asks or allows you to contribute to a public open-source project as part of your internship, those contributions will be made under that project's licence and contribution terms, on the Company's behalf where the project allows. Contributions you make to open-source projects in your own time, without Company resources or Confidential Information and not relating to your assigned tasks, are yours.

4.5 Your own projects. Work you create entirely in your own time, on your own equipment, without Company resources or Confidential Information, and that does not relate to tasks assigned to you, is not Internship Work. If you are unsure whether a personal project overlaps with your internship, ask your supervisor in writing before you start.

5. Moral rights

5.1 Under section 57 of the Copyright Act, 1957, authors have special rights (moral rights) to claim authorship and to object to distortion, mutilation or modification of their work that would harm their honour or reputation. Indian law does not allow these rights to be fully assigned.

5.2 To the extent permitted by law, you agree not to assert your moral rights against the Company, its clients, licensees or successors in respect of any Internship Work, including in relation to the Company modifying, adapting or combining it, or publishing it without naming you. You agree that the Company is not required to credit you as author, although it may choose to do so.

6. Portfolio and description of your work

6.1 What you may do without approval. After your internship (and during it, with reasonable care), you may:

(a) state that you interned at TrackMy Tech Private Limited, your role, and the dates of your internship;

(b) describe in general terms the type of work you did, the technologies, tools and skills you used, and what you learned (for example, "built REST API endpoints in a Cloudflare Workers project"); and

6.2 What needs written approval. You must get prior written approval from the Company (email from your supervisor or admin@trackmytech.in is enough) before you:

(a) share, publish or upload any source code, design files, screenshots, recordings or documents from your Internship Work, including in a public or private repository or portfolio site;

(b) name any client, or describe any client project in a way that could identify the client; or

6.3 The Company will consider portfolio requests reasonably and may approve them subject to conditions, such as removing client names, data or credentials, or using a sanitised sample. Approval of one item does not cover others.

7. Warranties

7.1 You confirm that:

(a) the Internship Work will be your own original work, except for material you identify as coming from others;

(b) to your knowledge, the Internship Work will not infringe anyone else's rights; and

(c) you are not bound by any agreement (for example with a previous employer or your university) that would conflict with this Assignment, or you have disclosed it in Schedule A.

8. General

8.1 Survival. This Assignment continues to apply after your internship ends.

8.2 Governing law and jurisdiction. This Assignment is governed by the laws of India. The courts at Chennai, Tamil Nadu will have exclusive jurisdiction over any dispute arising out of or in connection with it.

8.3 Severability. If any part of this Assignment is found invalid or unenforceable, the rest continues to apply.

8.4 Electronic acceptance. You and the Company agree that accepting this Assignment electronically at online offer signing, where your typed name, the date and time of acceptance and your IP address are recorded, is intended to be your signature in writing for the purposes of section 19 of the Copyright Act, 1957, read with the Information Technology Act, 2000. This Assignment is accepted on behalf of the Company by the Authorised Signatory of the Company.

8.5 Contact. Questions about this Assignment can be sent to careers@trackmytech.in.

Schedule A: Pre-existing IP and conflicting obligations

Schedule A is completed by the Intern during online offer signing. You will be asked to declare, or to write "None" if there is nothing to declare:

any Pre-existing IP you may use during the internship (title, short description, and a link if any); and
any agreements with others that may affect this Assignment (for example, a university IP policy or a previous employer).

Acknowledgement

By accepting your offer online, you confirm that you have read, understood and agree to this Intellectual Property Assignment.