Safe Trademark Policy

Last update: February 2025

The Safe Ecosystem Foundation, Bahnhofstrasse 16, 6300 Zug, Switzerland ("SEF" also referred to as "Trademark Owner", "we", "our") is the owner of various trademarks. To ensure the integrity and protection of the Safe Trademarks (as defined below), to regulate the use of the Safe Trademarks, and to protect users, SEF has defined this trademark policy ("Policy"). This Policy sets out the general conditions and requirements under which the Safe Trademarks may be used. This Policy does not provide or amend any licenses applicable to technology published by SEF. Projects operating as separately incorporated entities within the Safe ecosystem may have their own trademark policies.

We thank you for your cooperation in complying with this Policy.

1. Purpose and Scope of Application

This Policy covers all of our trademarks, whether they are registered or not, including, among others:

• Safe Logo
  
• Horizontal Logo
  
• Vertical Logo
  
• Safe{Core} Logo
  
  
• Safe{Wallet} Logo
  
  

(the "Safe Trademarks"). This list may be updated from time to time, especially as other trademarks are created or registered.

This Policy outlines Safe project's (the "Project") Policy for the use of our Safe Trademarks. While our Safe technology source code is available under a free and open source software copyright license, the copyright licence does not include an express or implied right or licence to use the Safe Trademarks.

The purpose of this Policy is not intended to limit the lawful use of our Safe Trademarks. The purpose of this Policy is to prevent confusion amongst the Safe community (and public at large) as to what we deem an appropriate use of our Safe Trademarks and limit any misleading or damaging use of them.

Notwithstanding this Policy, we reserve the right to withdraw any permission and/or amend, challenge or restrict any use of our Safe Trademarks where we consider that such use amounts to a violation of this Policy or any use that we view as detrimental to the Project.

This Policy applies to all parties intending to use or using the Safe Trademarks.

2. Definitions

• "Trademark Owner" refers to the Safe Ecosystem Foundation, with its registered office in Zug, Switzerland ("SEF").
• "Trademark User" refers to any party intending to use or using the Safe Trademarks.
• "Non Commercial Trademark Use" includes any trademark use of the Safe Trademarks not aimed at generating profit and/or economic benefit and which does not qualify as Informative Trademark Use.
• "Informative Trademark Use" includes any reference in text to and/or link to SEF primarily for the purpose of conveying relevant information about the characteristics, qualities, or attributes of Safe products or services.
• "Commercial Trademark Use" includes any trademark use of the Safe Trademarks in business activities aimed at generating profit or economic benefit.
• "License Management Company" refers to a legal entity to which SEF has granted a license to use and to sub-license one or several Safe Trademarks or to manage Safe Trademark license contracts and collect the license fees.
• "Safe{WALLET} Partner" refers to a third party using the SAFE{WALLET} open source technology and hosts a Safe Wallet itself with an official license to use the term "Safe{WALLET} Partner" from SEF and/or a License Management Company.

3. General Considerations & Rules Applicable for Safe Trademark Use

Whenever you use one of the Safe Trademarks, you must always do so in a way that does not mislead anyone, either directly or by omission, about exactly what they are getting and from whom. The law reflects this requirement in two major ways described in more detail below: it prohibits creating a "likelihood of confusion" but allows for "nominative use". For example, you cannot say you are distributing the Safe technology software code (the "Safe Code") when you're distributing a modified version of it, as this could confuse users who might expect the same features and functionality they would get if they downloaded the software directly from the Safe Project. On the other hand, you may use our Safe Trademarks for non-commercial purposes to indicate that your product or service is compatible and/or builds on the Safe Code.

You also cannot use our Safe Trademarks on your website in a way that suggests that your website is an official website of the Safe Project unless this is true and you are a licensed partner of Safe Project. You can, though, say you like the Safe Code, that you participate in the Safe community and ecosystem, that you are providing an unmodified version of the Safe Code.

This fundamental requirement, that it is always clear to people what they are getting and from whom, is reflected throughout this Policy. It should also serve as your guide if you are not sure about how you are using the Safe Trademarks.

The following rules apply for the Informative Trademark and Non Commercial Use as defined in the definition section above. The rules also apply to any kind of Commercial Use, but any Commercial Use of the Safe Trademarks is subject to prior written consent of the Trademark Owner as per section 4.2 and subject to a specific licensing contract with the Trademark Owner.

One of the guiding principles of the SEF is Open Source. SEF both hopes and encourages external parties to share knowledge related to technology developed and published by SEF, including SAFE{CORE} and SAFE{WALLET} ("Safe Technology"). It also advocates the promotion of the Safe Trademarks used for products built using Safe Technology. Therefore, contributors to and participants in the Safe ecosystem should be able to use our Safe Trademarks to promote their Safe projects even beyond the right to fair use.

However, we have to keep in mind that the incorrect use of a brand may lead to a dilution of the Safe Trademark and, thus, to impairment due to a lack of differentiation from other brands. Therefore, SEF established the following rules for the use of Safe Trademarks. SEF requires you to follow these guidelines to properly use the Safe Trademarks to help maintain the value of our Safe Trademarks.

3.1. Our Six Rules for the Acceptable Use of Safe Trademarks

If you want to use the Safe Trademarks for Non-Commercial and/or Informative Trademark Use, you don't require SEF's explicit prior permission and/or a license agreement as long as you follow the following rules. We reserve the right, in our sole discretion, to alter and amend these rules, to determine when these rules are adhered to or violated, and to choose appropriate enforcement measures.

Rule #1:
Acceptance of this Policy

Any use of the Safe Trademarks indicates acceptance of this Policy.

Rule #2:
The Ecosystem Rule

Refer to Safe and/or use the Safe Trademark and logo only when promoting products, projects, or events based on and/or about Safe Technology, including SAFE{CORE} and SAFE{WALLET} and in accordance with the disclaimer below. Use of the Safe Trademarks when referring to other software or technologies, would be misleading to the audience, as well as damaging to the Safe Trademarks and Safe ecosystem. Therefore, Safe Trademarks must not be used when referring to software based on protocols by other entities / projects and / or in another misleading or unfair manner. Any use of the Safe Trademarks in these contexts could potentially subject you to liability for trademark infringement, false advertising, and unfair competition.

Rule #3:
Use your Brand and add Safe as an Ingredient Brand

It must be clear who the owner and/or marketer of the promoted product, service, project, or event is. Use the Safe Trademarks only as a reference. There must be no potential for confusion or misunderstanding as to such that the product, service, project, or event is manufactured, marketed, sponsored, endorsed, or authorized by SEF, when in fact, that is not the case. Your name, brand, or trademark must not be less prominent than the Safe Trademarks, and Safe must not be the only visible name, brand, or trademark on your online/offline communication. To make it clear for your audience or users that Safe Technology such as SAFE{CORE} and SAFE{WALLET} is used for your project use wording such as, for example, "powered by Safe" or "powered by SAFE{CORE}".

If you are promoting a strictly non-profit and free-entry event regarding Safe Technology, SAFE{CORE} and/or SAFE{WALLET}, you may use the Safe Trademarks as a primary brand for the event title.

Rule #4:
Use Safe Trademarks according to our Brand Guidelines

Use the word Safe and/or SAFE{CORE} and/or SAFE{WALLET} in the same font and size as the surrounding text. For the logo etc. please refer to our brand kit Safe Media Kit (notion.site) and use it solely as stated in the brand kit of SEF.

Rule #5:
Integrity of the Safe Trademarks and Recognition Notice

Do not incorporate the Safe Trademarks and/or any recognizable part of them into other logos, brand names, company names, domain names, or product names. Always make it clear that SEF legally owns the Safe Trademarks.

If you are referring to a Safe Trademark, add the following brand recognition notice at a suitable location, such as on your product, in print material or online:

"SAFE{CORE}® and SAFE{WALLET}®, and the Safe logos are trademarks or registered trademarks of Safe Ecosystem Foundation"

Rule #6:
Compliance with Laws & Regulations

The Trademark User undertakes to use the Safe Trademarks in accordance with the applicable laws and regulations (including sanctions and embargo laws). In particular, the Trademark User may use the Safe Trademarks as follows:

• wordmarks in text to truthfully refer to and/or link to unmodified Safe smart contracts and/or Safe technology,
• wordmarks in text to truthfully refer to and/or link to unmodified interfaces, programs, products, services and technologies.

3.2. Unacceptable Uses of Safe Trademarks

The Trademark User is STRICTLY PROHIBITED FROM and not authorised to:

• Use the Safe Trademarks in a commercial matter (as defined in section 4.2 of this Policy) without prior written approval by the Trademark Owner and/or License Management Company and without having an official license agreement with the Trademark Owner and/or a License Management Company.
• Register or use domain names that contain the Safe Trademarks.
• Use the Safe Trademarks to incorporate them as a component in their company or in its other business designation.
• Amend or modify Safe Trademarks or combine them with any other symbols, words, or images.
• To alter the word marks or logos, such as changing the proportions of the design elements or the design itself, rearrange the spacing, alignment, or relative locations of the design elements (you may resize as appropriate but must retain all proportions).
• Use the Safe Trademarks in any way that could harm the image and reputation of the Trademark Owner. In particular, the Trademark User is prohibited to use the Safe Trademarks in a defamatory, offensive, obscene, racist, unlawful or otherwise objectionable context. In addition, the Trademark User is prohibited from using the Safe Trademarks in association with any activity or offering that violates applicable laws (including sanctions and embargo laws) of the jurisdiction(s) where the third party or SEF uses the Safe Trademarks.
• Use the Safe Trademarks as part of another company's logo (without prior written consent of the Trademark Owner).
• Creating a website which mimics Safe Trademarks and/or functionality for purposes not authorized by the Trademark Owner.
• Using outdated versions of the Safe Trademarks.
• use the Safe Trademarks in ways that imply a greater level of sponsorship by or affiliation with SEF and or any of the other Safe Partners than actually exists.

4. Approval Requirements for Safe Trademark Use

4.1. Informative and Non Commercial Trademark Use

Informative and Non Commercial Trademark Use of the Safe Trademarks do not require a prior approval from the Trademark Owner but the Trademark User has at any time to comply with the Rules for the use of the Safe Trademarks as mentioned under Section 3 of this Policy and terms of use stated in this Policy in general.

4.2. Commercial Trademark Use

Any other use of the Safe Trademarks (other than the Informative and Non Commercial Trademark Use) requires the prior written consent of the Trademark Owner / License Management Company and the signing of a license agreement with SEF and/or the License Management Company. The Trademark User is obliged to make a prior written and/or electronic request ("Use Request") to the Trademark Owner / License Management Company for consent to the intended use of the Safe Trademarks. The Rules mentioned under Section 3 of this Policy also apply to the Commercial Trademark Use unless otherwise stated and/or confirmed by the Trademark Owner.

The request must contain the following information:

• Name and contact details of the Trademark User (including responsible contact person);
• Nature and purpose of the intended trademark use;
• Intended duration of the trademark use;
• Samples or examples of the intended Safe Trademark use.

Applications can be sent to the following address: comms@safe.global

The Trademark User must submit the Use Request at least (7) seven business days prior to the intended commencement of the use of the Safe Trademarks.

Approval of the Use Request is at full discretion of the Trademark Owner. The Trademark Owner may decline the Use Request without providing any reasons. The Trademark Owner will send the Trademark User a specific license agreement which may also foresee that a License Management Company will handle the license management for SEF.

5. Trademark Licenses for the Use of Safe Trademarks

The Informative and Non Commercial Trademark Use license contains the non-exclusive, non-transferable, revocable, non-sublicensable, royalty-free right to use the Safe Trademarks. This license shall be valid worldwide.

The Commercial Trademark Use license (subject to the terms stated in section 4.2 of this Policy) contains the non-exclusive, non-transferable, revocable, non-sublicensable, royalty-bearing right to use the Safe Trademarks. This license shall be valid worldwide and subject to a contractual agreement with the SEF and/or a License Management Company.

6. Safe{WALLET} Partner

Safe{Wallet}Partners are independent third parties who use the Safe open-source technology and may obtain a license to use the Safe trademarks from the SEF or the License Management Company.

These partners operate their implementations of Safe{Wallet} under their own name and responsibility, without any involvement or liability assumed by the SEF and/or the License Management Company. While the SEF and/or the License Management Company do not operate any implementations of Safe{Wallet}, Safe{Wallet} Partners may obtain licenses for the Safe Trademarks enabling them to use the "Safe{Wallet}" name and logo in accordance with this Policy and a respective license agreement.

While SEF's purpose is to support the development of Safe Technology and the promotion of the Safe ecosystem, the SEF does not manage, control, or act as an administrator or operator of Safe Technology and does not provide you with any products and/or services related to Safe Technology.

You agree and acknowledge that Safe Technology, as open-source software, is being used or implemented by any party in accordance with the applicable license. At no time shall Safe Technology, its implementations (including, without limitation the Safe{Wallet} and/or Safe{Core}, and/or related components be a product or service provided or made available by the SEF and/or the License Management Company in any capacity. Therefore, by using, interacting with, or implementing the Safe Technology or any of its related components, you are NOT interacting with the SEF and/or the License Management Company in any way.

SEF and/or the License Management Company make no representations, warranties or covenants with respect to Safe Technology (or any implementations and/or components thereof), including, but not limited to, with regard to their technical properties and/or characteristics or performance, or their actual or potential usefulness or suitability for any particular purpose.

You further understand and agree that neither Safe Technology nor any of its implementations and/or components are under the control of and/or operated by the SEF and/or the License Management Company and that the SEF and/or the License Management Company shall not be liable for any loss and/or injury resulting from any vulnerability or any type of malfunction or failure of Safe Technology or any other issues resulting in loss or injury including products provided by Safe{WALLET} Partner.

7. Compliance with this Policy

The Trademark User is obliged to comply with this Policy at any time and to ensure that the use of the Safe Trademarks meets the quality standards and guarantees the integrity of the Safe Trademarks.

The Trademark Owner reserves the right to monitor and, if necessary, review the use of the Safe Trademarks to ensure that this Policy is complied with. Therefore, the Trademark User is obliged to co-operate and to provide corresponding information at the first request of the Trademark Owner.

8. Liability and Indemnification

The Trademark Owner shall be liable for damages caused by gross negligence and intent. Any further liability of the Trademark Owner shall be excluded.

The Trademark User uses the Safe Trademarks at its own risk. The Trademark User shall be obliged to indemnify and hold harmless the Trademark Owner from and against any and all claims by third parties arising from the use of the Safe Trademarks and all associated costs.

9. Termination of the Trademark License

The Trademark Owner may withdraw the trademark license of any Trademark User at any time and without providing reasons. Upon withdrawal of the trademark license, the Trademark User shall immediately remove any references to the Safe Trademarks and cease any other use with immediate effect.

10. Final Provisions

The Trademark Owner reserves the right to modify or amend this Policy at any time by publishing an updated version here. The Trademark User is obliged to check and comply with the current version of the Policy.

Any amendment, supplement or cancellation of the rights and obligations under this Policy must be made in written form (e-mail is sufficient) to be valid.

This Policy is subject to the substantive laws of Switzerland, excluding the Swiss conflict of law rules. The application of the United Nations Convention for Contracts for the International Sales of Goods is hereby expressly excluded. The courts of Zug shall have exclusive jurisdiction to settle any dispute arising from and/or in connection with this Policy.

Safe Ecosystem Foundation, Zug - February 2025