Trademark Usage Guidelines

These guidelines explain how to refer to Arct Cloud and the conditions on which Arct Technology LLC (“we”, “us”) permits use of its Marks. They apply to customers, affiliates, resellers, developers, licensees and any other person who uses our Marks with our permission. In this document, “Marks” means the Arct Cloud and Arct names, the Arct Cloud wordmark and logo, and any other name, logo, slogan, design or designation that we use to identify our company, products or services, now or in the future, whether registered or unregistered.

Any use of our Marks that these guidelines or a written licence from us do not expressly permit requires our prior express written permission. These guidelines do not restrict a person who has no agreement with us from making a use that applicable law allows without a licence, such as a lawful descriptive reference, review, comparison, criticism or news report. Customers, affiliates and licensees are also bound, to the extent applicable law allows, by the contractual restrictions in these guidelines, our Terms of Service and the Affiliate Program Agreement. Visiting this page does not create an affiliate relationship or transfer intellectual property rights.

1. Ownership and scope

As between you and us, we own the Marks and all goodwill associated with them. All use of the Marks, including use under a permission, inures solely to our benefit. Any permission we grant, whether under these guidelines, a written approval or an agreement, is a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the identified Marks only for the approved purpose and only in accordance with these guidelines. We grant no other right or licence, by implication, estoppel or otherwise, including any licence to our software, documentation, website content, customer content or third-party materials.

To the maximum extent permitted by applicable law, you agree that, during and after any permission, you will not challenge, or assist another person to challenge, our ownership of the Marks or their validity, and you will not apply to register, register or use any trademark, trade name, domain name, social media handle or other identifier that consists of, contains or is confusingly similar to a Mark. If you obtain any such registration, you will transfer it to us on request.

Other companies' names and logos remain subject to their owners' rights. Do not describe a third-party operating system, processor or payment brand as an Arct Cloud trademark.

This page does not assert that a Mark is registered in every jurisdiction. Do not add the registered-trademark symbol (®) unless we have confirmed the relevant registration and instructed you to use it for the particular mark, territory and services.

2. When to request permission

Send permission requests to [email protected]. Include your identity, the proposed design or wording, where it will appear, the destination links, intended audience, duration and whether the placement is paid. Wait for written approval before starting a use that requires it. A customer Account or an unanswered request does not provide brand permission. We may grant, condition or refuse permission in our sole discretion. An approval covers only the Marks, materials, placement and period it identifies.

3. Plain-text references and disclosure

This section applies to customers, affiliates and licensees that refer to Arct Cloud when promoting their own product or service.

• Write “Arct Cloud” with its normal spelling, spacing and capitalisation. Do not abbreviate, translate or otherwise alter a Mark, or combine it with your own name or mark.
• Do not use a Mark as a verb, in the plural, or as a generic term for servers or hosting.
• Present a Mark in plain text that matches the surrounding text unless we approve artwork. Keep your own name and branding more prominent than any Mark.
• Describe the actual relationship. For example, “Our application runs on Arct Cloud servers” is appropriate when true. Use a relational phrase such as “runs on Arct Cloud” or “for use with Arct Cloud”.
• Make clear who supplies your product or service. Your name and contact information must identify your business.
• Do not claim to be an official representative, certified partner or endorsed service unless we have approved that exact status.
• Give software, plugins, integrations and forks your own distinct name. You may describe compatibility after that name, for example “ExampleTool for Arct Cloud”. Do not publish software under a name, package name, namespace or repository name that begins with or consists of a Mark, or present it as official, without our written approval.

Where your presentation could otherwise imply endorsement, add a clear statement such as “An independent service; Arct Cloud has not endorsed it.” Whenever you use a Mark in connection with your own product or service, display the notice “Arct Cloud and its logo are trademarks of Arct Technology LLC” in legible text where the Marks first or most prominently appear, or in an accessible credits notice. A trademark notice does not replace an affiliate or sponsorship disclosure. Affiliates must also follow the Affiliate Program Agreement.

4. Approved logos and artwork

Use the files and variants supplied or approved for your placement. Follow any accompanying size, background and spacing instructions. Keep the artwork legible, preserve its proportions, and leave enough separation to distinguish it from your own identity. Do not make our logo the most prominent element of your materials. Do not redraw, crop, stretch, recolour, animate or combine the artwork into a new logo unless the approval permits that change. A file visible on our website is not, by itself, a commercial logo licence.

Approval for one campaign or channel does not approve another. You may not resell approved assets, pass a licence to another publisher or make an approval badge of your own. Link an approved logo only to the destination agreed for that placement.

5. Identity, advertising and misleading uses

You must not use the Marks to mislead people about who operates a website, provides support, receives payments or supplies a service. In particular, permission under these guidelines does not allow:

• A product, business name, domain, social account or app listing that impersonates Arct Cloud or creates a confusing source identity.
• A name or mark that is confusingly similar to a Mark, or that combines a Mark with another name or mark into a composite mark.
• A copied sign-in, payment or support page intended to obtain credentials, money or personal information.
• A presentation that imitates our trade dress, colour scheme, typography, website layout or other branding, or that makes your site appear operated or approved by us.
• Unauthorised branded merchandise, certificates, sponsorship claims or approval badges.
• False product, price, security, performance or refund claims made in our name.
• Use in connection with content or activity that is defamatory, fraudulent or otherwise unlawful, or that breaches our Acceptable Use Policy.

Customers and affiliates must not bid on our Marks or their variations or misspellings as advertising keywords, use them in metadata, hidden text or app store keywords, or use branded advertising placements, unless we expressly authorise the specific use in writing. A branded advertising placement is an advertisement that uses a Mark as a keyword, in a display URL, or as the advertiser or headline identity. The paid-search rules in the Terms of Service and the Affiliate Program Agreement also apply to those relationships. This contractual advertising restriction does not prevent lawful independent commentary or other rights that cannot be excluded.

6. Screenshots and other materials

A trademark approval covers only the identified Marks. Obtain any separate permission needed to reproduce protected artwork, articles or other content. For a screenshot you are entitled to publish, remove customer information, credentials, access tokens and other private data. Do not alter a screenshot to fabricate a feature, customer endorsement, security status or commercial offer. Retain any attribution required by an applicable content licence.

7. Objections, corrections and end of permission

We may ask a licensee for examples of a placement and require changes that bring a use within its approval and these guidelines. We may object to any use of our Marks, and may suspend, modify or revoke any permission, in whole or in part, by notice and in our sole discretion. A permission ends automatically if you breach these guidelines or the approval, or when the agreement under which we granted it ends. Where a signed licence or the Affiliate Program Agreement sets a different procedure for ending the licensed use, that procedure applies.

When we object or a permission ends, stop the use and remove the materials promptly, and in any event within any period stated in our notice or the agreement. Stop a use that is misleading, unlawful or outside its approval immediately. On request, confirm in writing that you have done so. Any use after a permission ends is unlicensed.

Our silence, delay or failure to object to a use is not consent, approval or a waiver of our rights, and permitting one use does not permit another. Any action against Customer Content on our network follows the Acceptable Use Policy. For affiliates, the Affiliate Program Agreement governs the effects of termination. Lawful independent references remain governed by applicable law.

8. Updates and agreements

These guidelines are not a complete statement of the rules for using our Marks, and we may give additional written instructions. We may update, replace or supplement these guidelines at any time in our sole discretion. The date above identifies the current version. It applies to new uses and approvals from that date, and to an existing permission from the date we notify you of the change, unless a signed licence or the Affiliate Program Agreement provides otherwise. For an existing affiliate arrangement, the notice and prospective-change rules in its agreement apply. A separate signed brand licence controls a specific permission where it expressly differs from these guidelines.

9. Misuse reports

Report suspected misuse of our Marks, including impersonation of Arct Cloud, to [email protected]. Where a site or message uses our Marks to obtain credentials, payments or personal information, also write to [email protected]. If the site is hosted on our network, you may also report it through the “Spam or phishing” category on our abuse contact page. A rights owner who believes a customer is infringing the owner's own trademark should use the trademark category on that page. Identify the mark, your relationship to its owner, the relevant URLs and the conduct you believe is misleading or infringing. Section 9 of our Acceptable Use Policy explains how reports about customer servers are handled. Do not include passwords or other unnecessary personal data.

10. Enforcement

We may monitor the use of our Marks and take any action we consider appropriate against misuse, including asking a website operator, hosting provider, domain registrar, app store, marketplace or social media platform to remove or transfer the material, bringing a complaint under the Uniform Domain-Name Dispute-Resolution Policy or a similar procedure, and bringing legal proceedings.

You acknowledge that misuse of our Marks may cause us harm that money damages cannot adequately remedy. We may seek an injunction or other equitable relief, in addition to any other remedy, without proving actual damages and, to the maximum extent permitted by applicable law, without posting a bond. Where you have accepted our Terms of Service, its dispute-resolution section allows us to seek that relief in court. To the maximum extent permitted by applicable law, you will reimburse our reasonable costs, including legal fees, of enforcing these guidelines or an approval against your misuse. Our rights under these guidelines are in addition to our rights under trademark, unfair competition and other applicable law.

11. No warranty and responsibility

Our Marks, logos and brand materials are provided “as is”. To the maximum extent permitted by applicable law, we give no warranty of any kind about them, including any warranty of title, non-infringement, registration status or fitness for a particular purpose, and we are not liable for any loss arising from your use of them or from our objection to, or ending of, a permission.

You are responsible for your materials and for complying with the laws that apply to them, including advertising, consumer protection and endorsement disclosure laws. To the maximum extent permitted by applicable law, you will indemnify us against third-party claims, and the resulting losses and reasonable legal costs, arising from your use of the Marks in breach of these guidelines or an approval. Where you have accepted our Terms of Service or the Affiliate Program Agreement, its disclaimers, limitations of liability, indemnity procedure and protections for consumers apply instead of this section to the extent they differ. Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law.

12. General

You may not assign, transfer or sublicense a permission without our prior written consent. Nothing in these guidelines or in a permission creates a partnership, joint venture, agency, franchise, sponsorship or endorsement relationship between you and us. If any part of these guidelines is held unenforceable, the rest remains in effect and that part applies to the maximum extent permitted.

Where you have accepted our Terms of Service or the Affiliate Program Agreement, its governing-law and dispute-resolution provisions, including those for consumers, apply to disputes about your use of the Marks. Otherwise, these guidelines and any permission under them are governed by the laws of the State of Wyoming and applicable United States federal law, without prejudice to mandatory law that protects you. Send questions about these guidelines to [email protected].