Who Owns the Software an Agency Builds for Me?
2026-11-10
When 21Labs builds it, you own it. By default, you own what we build for you. That answers the question for work done with us. If you are weighing up any agency, the points below are what to check before you commit. This is general information, and a lawyer should review any agreement of substance (the Law Society of NSW can help you find one).
What to check with any agency
| Item | Questions to ask |
|---|---|
| Custom code | Is it yours? Can you take it elsewhere? |
| Accounts and hosting | Are they set up in your name, or the agency's? |
| Automations and prompts | Can you export workflows and prompt text? |
| Your data | Do you keep it, and can you get a full export? |
| Third-party tools | Which licences are yours, and which stay with the vendor? |
| Documentation | Is it included, so another provider could take over? |
The principle
You should own what is specific to your business: your data, your configuration, the custom code written for you and the accounts it runs on. Get that in writing before work starts, whoever you hire. Agencies differ in how they handle it, which is why it is worth asking early.
Third-party pieces
Open-source libraries and SaaS tools come with their own licences, one reason custom software and off-the-shelf tools differ on ownership. You own the work built around them, not the tools themselves. Check terms for commercial use and subscription costs you will carry.
Practical protections
- Put accounts and repositories under your own login from day one.
- Ask for documentation and a handover session.
- Avoid arrangements where you cannot leave without losing everything.
- Check what happens if the agency closes. Ask for the source code, documentation and accounts to be handed over, and see business.gov.au for general small business guidance.
21Labs builds software and automations through custom development. Ask about ownership in your first conversation.
Frequently asked questions
- Do I automatically own what I paid for?
- With 21Labs, yes. By default, you own what we build for you.
- Should I get legal advice on the contract?
- For anything substantial, yes. This page is general information and does not replace advice from a lawyer.
