Scope of these Guidelines
These Guidelines for Using Flo Health’s Copyrights or Trademarks (the “Guidelines”) are designed for Flo Health’s users, consultants, advisors, contractors, vendors, and other third parties wishing to use the Copyrights or Trademarks.
All capitalized terms used in these Guidelines have the meaning assigned to them in the next section of this document called “Terms and their definitions.”
Any use of the Copyrights or Trademarks must align with a) these Guidelines; b) your contract with Flo Health, where present; and c) Legal Use. Any other use is, therefore, prohibited and not allowed unless unambiguous written consent from Flo Health was received before the anticipated use.
If you have a request regarding your anticipated use of the Copyrights or Trademarks that is not covered by any of the above cases, please submit a licensing inquiry to firstname.lastname@example.org with a detailed description of your anticipated use case and the word “License” in the email’s subject.
Note that Flo Health, at its own discretion, may change and update these Guidelines from time to time. It is your responsibility to check these Guidelines regularly to ensure that you observe an up-to-date version.
Terms and their definitions
1. Flo Health (also referenced here as “we,” “us,” and “our”) is a group of legal entities under the trade name Flo Health and the umbrella of the ultimate parent company Flo Health, Inc. (Delaware, United States), its subsidiary Flo Health UK Limited (United Kingdom), and its subsidiaries in the Republic of Cyprus, the Republic of Lithuania, the Kingdom of the Netherlands, and in such other countries where those might be established over time.
2. Flo Apps are digital products under the common name “Flo by Flo Health” owned by Flo Health, namely:
- applications for mobile devices under the control of iOS and Android mobile operating systems and
- a website application available at https://app.flo.health/.
3. Copyrights are intellectual property assets of Flo Health, representing a creative work expressed in a tangible format and, therefore, protected by the law, including, but not limited to, for the purposes of these Guidelines:
- Flo Apps and various types of associated content (and any derivative works or enhancements of the same), including, among other things, all artworks, texts, illustrations, files, images, software, scripts, graphics, photos, images, mock-ups, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included in or available through Flo Apps, either collectively or individually;
- Flo Health’s social media accounts (on Facebook, Instagram, TikTok, X [ex-Twitter], YouTube, or in other social media networks), including all content thereto, either collectively or individually; and
- Flo Health’s corporate website available at https://flo.health/, including all content thereto, either collectively or individually.
4. Trademarks are intellectual property assets of Flo Health, which are legally protected and used to distinguish the products and services of Flo Health from other competitors. A list of Trademarks, service marks, and logos, whether registered or unregistered, that are deemed protected by Flo Health is provided in these Guidelines for reference.
5. Legal Use is the scope of the usage of Flo Health’s Trademarks or Copyrights that is permitted under the applicable laws, industry practices, etc., including the legal doctrine of fair use.
6. License is a nonexclusive, non-sublicensable, nontransferable, revocable, worldwide permission granted by Flo Health to use Flo Health’s Trademarks or Copyrights to the extent and for the purposes as referenced in these Guidelines.
7. Third-party marks are third-party product names, trademarks, service marks, and logos, including those appearing in Flo Apps, either registered or unregistered, that Flo Health does not own and that are only used for identification purposes of their respective owners. No license or right is granted by Flo Health by implication, estoppel, or otherwise to any such Third-party marks.
List of Trademarks
The list of Trademarks provided in this section of the Guidelines may be updated with new information from time to time without notice and should be referred to regularly.
Note that the list may not be comprehensive, and the omission of the Trademark from the list does not represent any waiver of any Flo Health intellectual property rights in or to such Trademark.
If you doubt whether a particular name, mark, or logo is a Trademark or have any questions about using Trademarks, please get in touch with Flo Health’s legal team for assistance at email@example.com.
Permitted use of the Copyrights or Trademarks
Here is a step-by-step guide on the authorized use of the Copyrights or Trademarks:
1. Check for the legal basis. Before your anticipated use of the Copyrights or Trademarks, please verify that you have a legal basis for such usage. To do so, please refer to the contract you might have in place with Flo Health or check that your case would qualify as Legal Use under the laws of your location or the location where such use is planned. Depending on your legal basis, please refer to further subsections of this section of the Guidelines for basis-specific rules.
2. Scope of the License. Where a legal basis is present and unless otherwise stated in your contract with Flo Health, it is Flo Health’s standard to grant you a limited License to use the Copyrights or Trademarks. Flo Health is entitled to revoke this License at any time by giving a written notice to you. Upon receiving such notice, you should immediately cease any further use of the Copyrights or Trademarks, comply with other conditions specified, and permanently delete any associated assets to prevent further unauthorized use. Flo Health hereby reserves its right to enforce any noncompliance with such notices or cases where the legal basis, to the reasonable judgment of Flo Health, for the use is absent, including through DMCA or another applicable process.
3. Your warranties and representations to us. By using the Copyrights or Trademarks, you acknowledge and agree that:
- Flo Health is the sole owner of the Copyrights or Trademarks;
- You will not interfere with Flo Health’s rights in the Copyrights or Trademarks, including challenging Flo Health’s use, registration of, or application to register such Copyrights or Trademarks anywhere in the world;
- You will not harm, misuse, or bring into disrepute any of the Copyrights or Trademarks; and
- Goodwill, if any, derived from your use of any of the Copyrights or Trademarks exclusively inures to the benefit of and belongs to Flo Health.
4. Comply with asset-specific rules. Depending on the type of asset you plan to use, there is a set of applicable asset-specific rules. Please refer to these Guidelines’ “Trademark do’s and don’ts” or the “Copyrights do’s and don’ts” sections accordingly.
1. Use on the basis of a contract with Flo Health
If you are a present or past contractor, vendor, advisor, or consultant and have a contract with Flo Health, you must adhere to the provisions of the contract around the License provided to you in relation to the usage of the Copyrights or Trademarks.
Flo Health would, however, typically provide you with a License within a contract to use the Copyrights or Trademarks on your website, profiles in professional networks, and on professional platforms, such as LinkedIn or Behance, in marketing, sales, or promotional materials (portfolio, catalogs, brochures, etc.) to identify Flo Health as your client and provide a reference to the service you’ve performed for us. If your current contract with Flo Health does not contain such a License, but you are interested in using the Copyrights or Trademarks in such capacity, please let us know by emailing firstname.lastname@example.org.
Within the use of the basis of the contract, you would need to (or might) disclose or share:
- The fact of cooperation between you and Flo Health with a short description of the essence of such cooperation, e.g., the name of the project jointly implemented with Flo Health (if Flo Health already communicated it to the public);
- Your status as a consultant (advisor, contractor, vendor, investor, etc.) of Flo Health; and
- The capacity of the services rendered with reference to a specific Copyright, which might have been generated as an outcome of such cooperation. When referencing a Copyright, you might do so only for illustrative purposes and might not reproduce the materials in full, especially those that are not publicly available for the general audience.
Within the use of the basis of the contract, you cannot disclose or share:
- Any financial information arising out of the cooperation;
- Any deliverables created by you for Flo Health that are not publicly available for the general audience, including content under the paywall in the Flo Apps, when to be reproduced in full;
- Any shares received and amounts invested unless this information has already been disclosed or agreed to be publicly disclosed by Flo Health; and
- Any other confidential information regarding your cooperation with Flo Health.
2. Use on the basis of the Legal Use
You may use the Copyrights or Trademarks in publications, posts, articles, books, magazines, newspapers, periodicals, scientific and research papers, or otherwise as allowed by the applicable laws, provided you comply with the following requirements:
- You use the Copyrights or Trademarks for news reporting, comments and product reviews, educational, scientific, research, or for other similar purposes;
- The use of the Copyrights or Trademarks is referential and in the portion that is reasonably necessary to identify Flo Health or its associated Copyrights;
- The use reflects favorably on Flo Health and its associated Copyrights;
- The use does not create a sense of sponsorship, affiliation, or endorsement by Flo Health, and a disclaimer, where possible, similar to the following example, is included in the publication, scientific, research paper, or any other material: “XYZ is an independent publication (research, review, paper, etc.) and has not been authorized, sponsored, endorsed, or otherwise approved by Flo Health”; and
- You include a proper copyright or trademark ownership notice and otherwise ensure compliance with these Guidelines.
Unauthorized use of the Copyrights or Trademarks
Any use of the Copyrights or Trademarks that is not expressly permitted under these Guidelines and where a legal basis for such use is absent is regarded as unauthorized and is, therefore, prohibited.
Prohibited use cases include, but are not limited to, the following:
- You may not use any of the Trademarks in metatags, keywords, search fields, hidden text, hashtags, or any other form that has the purpose or effect of diverting or confusing users of the apps or social media content;
- You may not disparagingly use the Copyrights or Trademarks;
- You may not use the Copyrights or Trademarks in a manner that would imply affiliation with or endorsement, sponsorship, or support of your or third-party products, projects, or services by Flo Health, where your use is not based on a respective contract with Flo Health and imply such endorsement, sponsorship, or support;
- You may not manufacture or sell products (such as mugs, T-shirts, stationery, etc.) with the Copyrights or Trademarks except under the express written permission obtained from Flo Health;
- You may not use the Trademarks in slogans (taglines) or domain names; and
- You may not use any of the Copyrights or Trademarks in your advertisement or otherwise in association with your commercial activities conducted on any platforms or websites with the purpose or effect of diverting or confusing users in relation to the ownership over the same.
Please note that Flo Health reserves the right to oppose any use of its Copyrights or Trademarks that Flo Health, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited under these Guidelines.
Trademark do’s and don’ts
You must adhere to the following rules when referring to Flo Apps and using the Trademarks:
Correct: Flo® Period Tracker
Incorrect: Flow Period Tracker
Correct: Flo Fem® is a registered trademark of Flo Health, Inc.
Acceptable: Flo Fem (R) is a registered trademark of Flo Health, Inc.
Correct: Flo Fem® and the Feather logo® are Flo Health trademarks.
Incorrect: Millions of women worldwide installed Flos.
Incorrect: Flo-tracker® is chosen by millions of women worldwide.
Incorrect: FH tracker is chosen by millions of women worldwide.
Use of “Flo” as a Trademark vs. trade name
The word “Flo” is not only a Trademark used to identify Flo Apps and services, but it also serves as a part of our business name.
Therefore, the word “Flo” might be used in the following context:
(i) as a trade name to identify Flo Health or each subsidiary company individually; and/or
(ii) as a Trademark to identify its various products or services, including Flo Apps.
As a general rule, the word “Flo” should be primarily used as a Trademark (or a part of the respective Trademark) and be associated with our core product (Flo Apps) instead of its usage as a trade name. We prefer to use Flo Health as the company’s trade name instead of just “Flo.”
However, “Flo” may be used as the trade name when Flo Health is mentioned as taking action or referenced as having attribution, e.g., in press releases, job postings, or publicly available descriptive articles regarding our business activities.
Copyrights do’s and don’ts
You must adhere to the following rules when using the Copyrights:
Correct: “Copyright 2023 Flo Health. All rights reserved.” or “© 2023 Flo Health. All rights reserved.” or “Flo Health Assistant © 2023 Flo Health. All rights reserved.”
If you have any further questions regarding the proper and possible use of the Copyrights or Trademarks, please submit them to Flo Health’s legal team at email@example.com.
Effective date and version
This is version 2 of these Guidelines, effective as of October 16, 2023.