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Trademark Policy

Version 1.0 — Effective April 2026

This policy explains how the names, logos, and product marks associated with OpenConstructionERP may be used.

1. DataDrivenConstruction marks (the "DDC Marks")

The following are trademarks or service marks of Artem Boiko / DataDrivenConstruction.io ("Licensor"), whether or not registered in any particular jurisdiction:

  • OpenConstructionERP, OCERP
  • OpenEstimate (legacy brand preserved for trademark protection)
  • DataDrivenConstruction, DDC
  • CWICR (Construction Work Items, Costs & Resources)
  • Associated logos, stylised wordmarks, and the colour-and- layout presentation on https://datadrivenconstruction.io and on the OpenConstructionERP hosted instance.

Registration status: some marks are registered with the EUIPO and with national trademark offices. Unregistered marks are asserted under German trademark law (§ 4 Nr. 2 MarkenG, prior-use acquisition) and under U.S. common-law trademark rights. References in this policy to "the DDC Marks" cover both registered and unregistered marks of Licensor.

2. Permitted uses (nominative fair use)

You may use the DDC Marks without prior written permission only for factual, descriptive reference - for example:

  • "built on OpenConstructionERP"
  • "powered by OCERP"
  • "imports CWICR data"
  • "compatible with OpenConstructionERP 2.x"
  • academic citation of the project

Such use must:

  • not alter, abbreviate, translate, or stylise the marks beyond Licensor's published logo-usage guidelines;
  • not suggest sponsorship, endorsement, affiliation, or partnership with Licensor where none exists;
  • include a disclaimer where the product or service is not produced by Licensor: "This product is not affiliated with, endorsed by, or sponsored by DataDrivenConstruction."

3. Prohibited uses

Without prior written permission from Licensor you may NOT:

(a) use the DDC Marks in a product name, company name, or domain name (e.g. openconstructionerp-cloud.io, ocerp-enterprise.com, cwicr-pro.io); (b) reproduce, modify, or stylise DDC logos or wordmarks beyond the nominative references described in Section 2; (c) sell, licence, resell, or monetise OpenConstructionERP (including modified versions) under a name that is confusingly similar to a DDC Mark, whether as a hosted service, an on-premises distribution, or an OEM product; (d) register DDC Marks as trademarks, service marks, domain names, or social-media handles in any jurisdiction; (e) use DDC Marks in paid advertising or SEO meta-tags to capture traffic for a competing product; (f) use the DDC Marks to imply that an unlicensed, closed- source deployment complies with the AGPL, or that a third- party offering is authorised by Licensor when it is not.

Use that crosses the line between permitted nominative fair use and prohibited use is a trademark infringement under §§ 14-15 MarkenG (Germany), 15 U.S.C. §§ 1114, 1125 (United States), and EU Regulation 2017/1001 Art. 9 (EU).

4. AGPL and trademarks

The AGPL-3.0-or-later licence that governs the Software source code grants you code rights but not trademark rights. You may fork, modify, and redistribute the code under AGPL, but:

  • you must remove or replace the DDC Marks from your user-facing UI, product name, and marketing if you distribute a modified version;
  • retaining the DDC Marks to credit the upstream project (e.g. "based on OpenConstructionERP") is permitted under Section 2 (nominative fair use) but the modified product must not be named using a DDC Mark.

This trademark constraint is consistent with AGPL-3.0 itself, which in §7 permits additional terms that prohibit misleading use of names, logos, and trademarks.

5. Comparative references

Third-party products (RIB iTWO, Exactal CostX, Sage Estimating, Bluebeam, and others named in NOTICE) are referenced in this repository for factual comparison of publicly available features. Those marks remain the property of their respective owners. Such comparative references are made under EU Directive 2006/114/EC (comparative advertising) and U.S. Lanham Act § 43(a) (comparative advertising in commerce) in their truthful, non-misleading form.

6. Forks and derivative projects

Forks made under AGPL-3.0-or-later must:

  • retain all copyright, trademark, and licence notices in source files and in the project README;
  • change the product name if the fork is distributed, marketed, or hosted as a separate product (do not publish a fork as "OpenConstructionERP-<anything>" on package registries, app stores, or container registries);
  • not imply endorsement by Licensor.

7. Commercial-licence trademarks

The commercial-licence path (see COMMERCIAL-LICENSE.md) does not include a trademark licence unless expressly stated in the executed order form. A separate trademark-usage addendum is required for licensees that want to co-brand, OEM, or white-label the Software.

8. Enforcement

Suspected trademark misuse: info@datadrivenconstruction.io.

Licensor reserves the right to pursue takedown notices (Markengesetz § 14(5), Lanham Act § 32, DMCA where applicable) and domain-name transfers (UDRP, .eu ADR).

9. Future assignment

This policy survives the assignment of trademark rights to a successor legal entity - including a German Unternehmer- gesellschaft (haftungsbeschränkt) (UG) or Gesellschaft mit beschränkter Haftung (GmbH) formed by Artem Boiko - on the same terms.

Contact: info@datadrivenconstruction.io