Trademark Policy
Version 2.3 - December 2023
This policy grants you limited permission to use the Aptible Marks in connection with your use of the Services.
These Aptible Trademark Guidelines (the "Trademark Guidelines") form an integral part of the Aptible Terms of Service (the "Terms of Service") between Aptible, Inc. ("Aptible," "we," "us," or "our") and you or the entity you represent ("you").
Obligations under this policy (both ours and yours) are incorporated by reference into the [Aptible Terms of Service].
The Aptible Marks are assets of significant value to us, and these Trademark Guidelines are intended to preserve that value. These Trademark Guidelines provide you limited permission to use the Aptible Marks (as defined below), in connection with your use of the Services (as defined in the Terms of Service), or in connection with software products designed to be used with the Services, on the terms set forth herein and in the Terms of Service, until such time as we may terminate such permission, which we may do at any time, in our sole discretion.
Definitions
For the purposes of these Trademark Guidelines, "Aptible Marks" means the following trademarks, service marks, service or trade names, logos, product names, or designations of Aptible and its affiliates:
The logo in the form shown below (the "Logo"); and
"Aptible," Aptible, Inc.," and any other Aptible Marks and Services made available from time to time.
Logo(s):
Limited Permission
Provided that you are in good standing with a current and valid account for use of the Services and provided, further, that you comply at all times with the terms of both the Terms of Service and these Trademark Guidelines, we grant you a limited, non-exclusive, non-transferable permission, under our intellectual property rights in and to the Aptible Marks, and only to the limited extent of our intellectual property rights in and to the Aptible Marks, to use the Aptible Marks for the following limited purpose, and only for such limited purpose:
You may utilize the Logo or the appropriate form(s) of the "for" or equivalent naming convention or URL naming convention, as set forth below, to:
Identify your content and applications (as defined in the Terms of Service) as using the Services, or
To identify software tools or applications that you create and distribute that are intended for use in connection with the Services.
Without limitation of any provision in the Terms of Service, you acknowledge that any use that you elect to make of the Aptible Marks, even if permitted hereunder, is at your sole risk and that we shall have no liability or responsibility in connection therewith.
Your permission to use the Aptible Marks is a limited permission, and you may not use the Aptible Marks for any other purpose. You may not transfer, assign, or sublicense your limited permission to use the Aptible Marks to any other person or entity.
Your use of the Aptible Marks shall comply with:
The most up-to-date versions of the Terms of Service and this Policy; and
Any other terms, conditions, or policies that we may issue from time to time to govern the use of the Aptible Marks.
Your permission to use the Aptible Marks hereunder shall automatically terminate, and you must immediately stop using the Aptible Marks at any time:
The Terms of Service is terminated;
Your content no longer uses any of the Services, or your applications cannot be used with any of the Services, as applicable; or
Your account is closed, either by you or by us.
Modification and Termination
You understand and agree that without prior notice to you and at our sole discretion:
We may modify this Policy at any time;
We may modify or terminate your limited permission to use the Aptible Marks, at any time in our sole discretion, for any reason or for no reason at all; and
We reserve the right to take any and all actions, including, without limitation, legal proceedings, against any use of the Aptible Marks that does not comply with the terms of the Terms of Service or this Policy.
No Affiliation or Endorsement
You will not display the Aptible Marks in any manner that implies that you are related to, affiliated with, sponsored, or endorsed by us, or in a manner that could reasonably be interpreted to suggest that your content, application, website, product, or service, has been authored or edited by us, or represents our views or opinions.
No Disparagement
You may only use the Aptible Marks in a manner designed to maintain the highest standard, quality, and reputation that is associated with the Aptible Marks, and you will not use the Aptible Marks to disparage us or our products or services.
No Dominant Display; Aptible Mark Differentiation
You may not display any Aptible Mark as the largest or most prominent trademark in any materials (including, without limitation, any website or product literature) associated with your content, application, software tool, or other software application. When using any Aptible Mark (other than the Logo, with respect to which the formatting requirements set forth below, or in a URL), you must distinguish the Aptible Mark from the name of your content and/or other surrounding text by capitalizing the first letter of the Aptible Mark, capitalizing or italicizing the entire Aptible Mark, placing the Aptible Mark in quotes, or using a different style or color of font for the Aptible Mark.
Formatting Requirements with Respect to the Logo
No Modification. We will make the Logo images available to you on the Aptible site. You may not remove, distort, or modify any element of the Logo; provided, however, you may transform the file format itself, for ease of use.
Colors. The Logo image must be represented in its original color scheme (the octopus in #ff9933; the cloud in #99ccff). The Logo text may be represented in its original dark blue color (#003366) on a white (#000000) background, or vice versa.
Spacing. The Logo must appear by itself, with reasonable spacing (at least the height of the Logo) between each side of the Logo and other graphic or textual elements.
Size. The Logo, as shown in Section 2 of this Policy, indicates the minimum size at which you may display it to ensure that the type and trademark notations are legible. The minimum size for the Logo shall be: Inches: 2.08" x 0.52", Pixels: 150×40, or Millimeters: 53×14.
Alt/Title Attribute. The Alternative Text (alt/title attribute of the image tag) should either be set to the following text or be left blank: "Powered by Aptible".
Permissible Uses of the Aptible Marks
Except for the Logo (with respect to which the formatting requirements are set forth above), you may only use the Aptible Marks: (i) in a relational phrase using "for" or one of the limited number of equivalent naming conventions, as set forth below; or (ii) to the right of the top-level domain name in a URL in the format set forth below.
Relational Phrases
You may replace "for" in the example above with any of the following, so long as the term you use is accurate when used with the Aptible Marks you use: "for use with"; "with"; "compatible with"; "works with"; "powered by"; "built on"; "built with"; "developed on"; "developed with."
Hyperlinking
You shall link each use of the Aptible Marks directly to the following URL, wherever technically feasible: https://www.aptible.com. You may open the URL in a new browser window. You may not link the Aptible Marks to any website other than the primary URL for the applicable Service. You may not frame or mirror any of our website pages.
No Combination
You may not hyphenate, combine, or abbreviate the Aptible Marks. You shall not incorporate the Aptible Marks into the name of your organization, or your services, products, trademark, or logos. The foregoing prohibition includes the use of the Aptible Marks in the name of any application, service, or product or in a URL to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.). For example, URLs such as aptible.mydomain.com", "aptibleplus.com" are expressly prohibited.
Attribution
You must include the following statement in any materials that include the Aptible Marks: "Aptible, the Aptible logo, [and name any other Aptible Marks used in such materials] are trademarks of Aptible, Inc. or its affiliates in the United States and/or other countries." In addition, the Aptible Marks must be designated with the ™/"tm" notice as indicated in Section 2 of this Policy.
No Misleading Use
You may not display the Aptible Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable as determined by us in our sole discretion.
Trade Dress
You may not imitate the trade dress or "look and feel" of any of our websites or pages contained in any of our websites, including, without limitation, the branding, color combinations, fonts, graphic designs, product icons, or other elements associated with us.
Compliance with Law; Appropriate Activities
You may not use the Aptible Marks in any manner that violates any United States or foreign, federal, state, provincial, municipal, local, or other, law or regulation. Without limiting the foregoing, or any provision in the Terms of Service, you may not display any Aptible Mark on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.
Reservation of Rights
Except for the limited permission specified in Section 3 above, nothing in the Terms of Service or this Policy shall grant or be deemed to grant you any right, license, title, or interest in or to any Aptible Mark or any of our or our affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that we and our affiliates retain any and all intellectual property and other proprietary rights in and to the Aptible Marks. All use by you of the Aptible Marks, including any goodwill associated therewith, shall inure to the benefit of Aptible.
No Challenges
You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Aptible Marks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Aptible Marks.
Contact Information
If you have questions regarding your obligations .under this Policy or questions about any Aptible Mark, please email us at legal@aptible.com
