Trademark Policy

Last updated: [TBD] · This is a working draft pending legal review.

1. Introduction and scope

This Trademark Policy (the "Policy") explains how the trademarks, service marks, logos, and brand assets of Coded B.V. may be used, what trademark responsibilities apply to merchants who use the Platform, and how to report trademark infringement that appears on a project hosted on the Platform.

Coded B.V. is a private limited company (besloten vennootschap) incorporated in the Netherlands and a subsidiary of Coded Holding B.V. ("Coded", "we", "us", "our"). Coded is an international company; the commerce platform and related services (together, the "Platform") are offered to merchants and their customers worldwide, with the Netherlands as our jurisdiction of registration and initial launch market.

The Platform lets a merchant operate one or more branded online projects through an Organization, using a curated product catalog, built-in payments, and built-in fulfilment. Payment transactions are processed by our payment partners, Stripe and Mollie.

This Policy is part of, and incorporated by reference into, our Terms of Service. Capitalized terms not defined here have the meaning given in the Terms of Service. Where this Policy and the Terms of Service conflict on a question of trademark use or trademark enforcement, this Policy controls.

This Policy covers two distinct things, and you should not confuse them:

• The Coded Marks — our own brand assets, and the limited circumstances in which others may use them. This is covered in Sections 2 to 5.
• Third-party trademarks — the marks owned by merchants and by others, the responsibilities of merchants who use those marks on the Platform, and how rights holders can report infringement they find on a project. This is covered in Sections 6 to 10.

2. The Coded Marks

"Coded Marks" means the name "Coded", the Coded logo and logotype, product and feature names we use, our wordmarks and design marks, and any other distinctive brand identifiers we adopt — whether or not registered, and in any jurisdiction. The Coded Marks, together with the goodwill they carry, are owned by Coded B.V. or its affiliates.

The Coded Marks are valuable assets and are protected by trademark law and unfair-competition law in the Netherlands and in other jurisdictions where Coded operates or is known. We reserve all rights in the Coded Marks. Except as expressly permitted by this Policy, by a separate written agreement with us, or by mandatory applicable law, nothing grants you any right, licence, or interest in the Coded Marks.

Using the Platform does not give you any right to use the Coded Marks. Your subscription, your Organization, and your projects are yours; our brand is ours.

3. Permitted use of the Coded Marks

You may refer to Coded by name without our prior written permission only in the limited, descriptive ways set out below, and only where your use is truthful, not misleading, and does not suggest sponsorship, endorsement, partnership, or affiliation that does not exist.

You may, without a separate licence:

• Refer to Coded factually. State truthfully that your project, Organization, or business runs on, is built with, or is hosted on Coded, using the word "Coded" in plain text as an ordinary reference (for example, "Powered by Coded"). This is nominative, descriptive use only.
• Link to us. Link to our public website and public documentation using the Coded name in plain text.
• Report on or review us. Use the Coded name in news reporting, commentary, education, or review, including comparative reference, consistent with fair use, fair dealing, and equivalent doctrines under applicable law.

In every permitted use you must:

• Use the Coded name only as an adjective referring to the genuine Coded product, never as a verb, and never in the plural or possessive in a way that implies the mark is generic.
• Use the most current form of the name and, where you display a logo under an express permission or our Brand Guidelines, the current approved logo only.
• Not alter, distort, animate, recolour, combine, or add to the Coded Marks, and not display them more prominently than your own brand.
• Include attribution where our Brand Guidelines require it.

4. Prohibited use of the Coded Marks

Unless you have our prior written permission, you may not:

• Use any Coded Mark, or any name, mark, logo, domain, social-media handle, or app name that is identical or confusingly similar to a Coded Mark, in a way that is likely to cause confusion as to source, sponsorship, affiliation, or endorsement.
• Use a Coded Mark as, or as part of, your own business name, product name, trademark, logo, domain name, subdomain, social-media account name, or application name.
• Register or attempt to register any Coded Mark, or any confusingly similar mark, name, or domain, as a trademark, company name, domain name, or username, in any jurisdiction.
• Use a Coded Mark in paid search keywords, metadata, or advertising in a manner that misleads as to source or affiliation, or that diverts customers by implying a relationship that does not exist.
• Incorporate a Coded Mark into merchandise, product designs, or catalog listings offered through your projects.
• Use a Coded Mark in a manner that is disparaging, deceptive, or unlawful, or that associates Coded with prohibited or restricted goods, services, or content (see the Acceptable Use Policy and the Prohibited & Restricted Businesses list).
• Imply that Coda has reviewed, certified, approved, or endorsed your project, products, or business, including by use of any "official", "certified", "verified", or "partner" claim, unless we have granted that designation in writing.

We do not grant rights to use the Coded logo or design marks by default. Any use of the Coded logo, design marks, or co-branding requires our prior written permission or an express grant in our Brand Guidelines.

5. Brand Guidelines and permission requests

Where we publish Brand Guidelines, they set out the approved forms, spacing, colour, sizing, and attribution rules for the Coded Marks, and any pre-approved uses. The Brand Guidelines form part of this Policy; where the Brand Guidelines and this Policy conflict, this Policy controls. We may update the Brand Guidelines at any time, and you must use the current version.

If you want to use the Coded Marks in a way this Policy does not expressly permit — including any use of the Coded logo, any co-branding, any press or partnership use, or any use in advertising — request permission first by writing to legal@coded.eu with a description of the proposed use, where it will appear, and for how long. Permission, if granted, is non-exclusive, non-transferable, revocable at any time, and limited to the specific use we approve. We may decline any request at our discretion.

6. Merchant trademark responsibilities

As a merchant, you are solely responsible for the names, logos, brand assets, product names, designs, images, and other materials you use on your Organization and your projects ("Merchant Brand Materials"), and for any third-party trademarks that appear in your catalog listings, product descriptions, or marketing.

You represent and warrant that:

• You own, or are validly licensed to use, all trademarks and brand assets you use on the Platform, in every jurisdiction where your projects are accessible or where you sell.
• Your use of Merchant Brand Materials, and of any third-party trademarks, does not infringe, dilute, or otherwise violate the trademark, trade-name, trade-dress, or other rights of any person.
• Your projects do not impersonate, or falsely suggest affiliation with or endorsement by, any brand, person, or organization, including Coded.
• You have the right to grant, and you grant, the licences described in the Terms of Service that are necessary for us to host, display, and operate your projects.

You must not:

• Offer counterfeit goods, or goods that bear a trademark without the rights holder's authorization, or goods that infringe trade dress or design rights.
• Use another party's trademark in a way that is likely to confuse customers as to the source, sponsorship, or authenticity of your products.
• Use a trademark you are not authorized to use in your Organization name, project name, domain, subdomain, store name, or branding.
• Make false claims of being an authorized dealer, reseller, distributor, or official store of a brand you do not represent.

You acknowledge that products in the curated catalog may carry their own trademark and intellectual-property terms; your right to list, brand, and resell catalog products is subject to those terms and to the Catalog Terms. Selecting a product from the catalog does not transfer any third-party trademark rights to you and does not authorize you to imply an affiliation with the brand of any catalog product.

Because payments run through Stripe and Mollie, you must also comply with the applicable acceptable-use and intellectual-property rules of those payment partners. Trademark or counterfeit complaints may affect your standing with a payment partner independently of any action we take.

7. We do not pre-screen; merchant indemnity

We do not pre-screen Merchant Brand Materials or catalog listings for trademark compliance, and we are not the seller of record for goods sold by merchants. The responsibility for clearing and using trademarks lawfully rests with the merchant.

To the extent permitted by applicable law, you will indemnify and hold Coded and its affiliates harmless against claims, losses, and costs (including reasonable legal fees) arising out of your use of any trademark or brand asset on the Platform, your sale of any infringing or counterfeit goods, or any allegation that your Merchant Brand Materials infringe a third party's rights. This is in addition to, and does not narrow, the indemnity in the Terms of Service.

8. Reporting trademark infringement on a project

If you are a trademark rights holder (or an agent authorized to act for one) and you believe that a project hosted on the Platform uses your trademark in a way that infringes your rights — for example, by offering counterfeit goods, by falsely claiming to be an authorized seller, or by using your mark in a confusing way — you can report it to us.

Send your notice to legal@coded.eu. We aim to acknowledge complete notices and to act on valid notices within a reasonable time. We may forward your notice (including your contact details) to the merchant responsible for the project so they can respond, and we may publish anonymized or aggregate information about notices.

8.1 What a trademark notice must include

To let us locate and assess the claim, your notice should include:

• Your full name, organization, postal address, email address, and telephone number, and the name of the person submitting the notice.
• Identification of the trademark you rely on, including, where available, the registration number, the jurisdiction(s) of registration, and the goods or services it covers — or, for an unregistered mark, the basis of your rights.
• The specific URL(s) on the Platform, and the specific products, listings, or content, that you say infringe.
• A clear explanation of why the use infringes your rights (for example, counterfeit goods, false claim of authorization, or likelihood of confusion).
• A statement that you have a good-faith belief that the identified use is not authorized by you, your agent, or the law.
• A statement, made under penalty of perjury where applicable law so requires, that the information in your notice is accurate and that you are the rights holder or are authorized to act on the rights holder's behalf.
• Your physical or electronic signature.

Notices that misrepresent infringement may expose the sender to liability under applicable law. We are not able to give legal advice and cannot decide trademark-ownership disputes between parties; where a matter is genuinely contested, we may direct the parties to resolve it between themselves or through the competent authorities or courts.

8.2 What we may do in response

When we receive a valid notice, we may, at our discretion and consistent with applicable law and our obligations to merchants:

• Remove or disable access to the identified listing, product, or content.
• Notify the merchant and give them an opportunity to respond or to provide evidence of authorization.
• Reinstate content if the merchant provides a sufficient response and the matter is not otherwise unlawful.
• Take account-level enforcement action under the Terms of Service and the Acceptable Use Policy for repeat or serious infringement, up to and including suspension or termination.

8.3 Repeat infringers

We maintain a policy of acting against repeat infringers. A merchant whose projects are the subject of repeated valid trademark or counterfeit complaints may have listings removed, projects unpublished, or the Organization suspended or terminated. We keep records of notices and actions as needed to administer this policy and to meet our legal obligations.

8.4 Counter-notice and dispute resolution

A merchant who believes content was removed in error may submit a response to legal@coded.eu identifying the content, explaining the basis on which they are authorized to use the mark, and providing supporting evidence. We may restore content where the response is sufficient and the content is not otherwise unlawful. This process is administrative only; it does not adjudicate legal rights, and either party may pursue remedies before the competent authorities or courts.

9. Relationship to other intellectual-property notices

This Policy concerns trademarks. Notices about copyright, patents, or other intellectual-property rights, and general intellectual-property questions, are handled under the intellectual-property and notice-and-takedown provisions of our Terms of Service and Acceptable Use Policy. If your complaint involves more than one type of right, tell us in your notice and we will route it appropriately.

10. Privacy of notices

Information you submit in a trademark notice is processed in line with our Privacy Policy. Our approach is privacy-by-design, and Platform data is hosted in the European Union (Frankfurt). We may share notice details with the merchant concerned and, where required, with authorities; we do not sell or share personal data for cross-context behavioural advertising. Privacy rights are administered universally across the jurisdictions where our users and rights holders are located, including under the EU/EEA General Data Protection Regulation, United States state privacy laws (including the CCPA/CPRA), and equivalent international frameworks.

11. Reservation of rights

No failure or delay by Coded in enforcing this Policy, and no act we take or decline to take in response to a notice, waives any right, claim, or remedy available to us or to any third party. We reserve all rights in the Coded Marks and all rights to take action against infringement, dilution, or misuse, whether or not we act in any particular case.

12. Changes to this Policy

We may update this Policy from time to time to reflect changes in the Platform, our brand, our payment partners' requirements, legal developments, or operational needs. When we make material changes, we will take reasonable steps to notify affected users, for example by posting the updated Policy with a new effective date or by notice through the Platform. Your continued use of the Platform after an update takes effect means you accept the updated Policy. The current version is always available on our website.

13. Governing law and jurisdiction

This Policy is governed by the laws of the Netherlands. The courts of Amsterdam, the Netherlands, have jurisdiction over any dispute arising out of or relating to this Policy, subject to the following: nothing in this Policy deprives a consumer or a data subject of the protection of mandatory laws of their own country or jurisdiction, and the mandatory consumer-protection, data-protection, intellectual-property, and other laws of the user's jurisdiction may also apply where applicable law so requires. This reflects that Coded operates internationally and that users, merchants, and rights holders are located around the world.

Contact

Trademark questions, permission requests for the Coded Marks, and trademark-infringement notices:

• Trademark notices, permission requests, and legal: legal@coded.eu
• Privacy and data-protection: privacy@coded.eu
• Security and responsible disclosure: security@coded.co

Coded B.V. De Taling 15, 2761 SL Zevenhuizen, The Netherlands KvK (Netherlands Chamber of Commerce) number: 42027097 VAT number: NL869368795B01 Effective date: 11 June 2026