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Who Owns the Source Code, Me or the Agency?

Source code ownership explained for owners: if you paid to build custom software, you should own the code. What to check, what the contract must say, and how to get access.

If you paid to build custom software, you should own the source code, but only when your contract says so in writing. Without that clause, the person who built it can legally keep it, which can leave you unable to change, fix, or move your own software.

Who owns software you paid someone to build?

Not always you, and that surprises people. By default, whoever writes the code often owns it, unless the contract hands ownership to you. Paying the invoice is not the same as owning the result. The words in the contract decide it, not the money you spent.

Why does it matter so much?

Because ownership is control. If you own the code, you can hire anyone to work on it, move it, or fix it. If you don’t, you’re stuck with one supplier who can raise prices or vanish. That’s the trapped feeling many owners describe, and it’s a real risk with hiring a solo developer who holds everything alone.

How do I check if I own mine?

Two quick checks. First, read your contract for a line that says the code becomes yours once paid. Second, make sure you can actually reach the files and accounts, under your own name and login. A guide to what a proper handover includes shows exactly what you should have in hand.

What you haveWhat it means
A contract clause giving you the codeYou own it, on paper
Accounts and passwords in your nameYou control it in practice
Only an invoice, no clauseYou may not own it yet
No access, no loginsYou’re depending on someone else

What should the contract say?

It should say, in plain words, that all code, files, and accounts made for you become yours once you’ve paid. It should also promise a full handover of access and passwords. If the contract is silent on ownership, treat that as a gap to fix before more money changes hands.

What if I do not have access?

Don’t panic. Start by asking your current supplier, in writing, to hand over the code and accounts. If they refuse or have gone silent, you still have options. A fresh team can usually find, recover, and take over the software, which is what our app rescue work is for.

At Givore, we build software you own from day one. The code, the accounts, and the passwords are yours, in writing, with one team and one point of contact if anything needs changing. Not sure where you stand today? Tell us on WhatsApp.

Questions people ask

Who owns the source code when an agency builds my software?

You should own it, but only if your contract says the code is transferred to you. Without that clause, the person or company that wrote it usually keeps ownership by default, even though you paid for the work. The invoice alone does not transfer ownership.

What is source code ownership and why does it matter?

Source code is the set of instructions your software is built from. Whoever owns it controls who can change, fix, or move your software. If you don’t own it, you can be locked into one supplier and unable to hire anyone else to work on your product.

How do I check if I own my source code?

Read your contract for a clause that transfers ownership of the code to you on payment. Then confirm you can actually reach the code yourself, in an account under your name. If either is missing, you probably do not fully own it yet.

What should a contract say about who owns the code?

It should state clearly that all source code, accounts, and files created for you become your property once you have paid. It should also say the supplier will hand over full access and any passwords needed to run and change the software.

What can I do if I don't have access to my own code?

Ask your current supplier in writing to hand over the code and accounts. If they refuse or have gone quiet, a new team can often locate, recover, and take over the software so you own and control it again.