Copyright and Intellectual Property Policy
Effective June 4, 2018
Betterment works hard to make sure our goods and services are easily recognizable. We do this by associating our goods and services with our trademarks and trade dress (“Mark” or collectively “Marks”). This is why our Marks cannot be used in any manner that is deceptive or disparaging, or in connection with any product or service that is not ours. Using a Mark without our prior written consent constitutes trademark infringement and unfair competition in violation of federal and state laws.
The following is a non-exhaustive list of our Marks. The absence of a product or service name or logo from this list does not constitute a waiver of trademark or other intellectual property rights.
- Betterment for Advisors℠
- Betterment for Business®
- Betterment Institutional®
- Betterment Speedometer℠
- Fred Illustrations℠
- Investing Made Better®
- Tax-Coordinated Portfolio™
- Tax Coordination™
- Tax Loss Harvesting+™
For more information on how to use our Marks contact firstname.lastname@example.org.
Copyright and Other Intellectual Property
Betterment maintains betterment.com, our mobile applications, and our other online services and websites (collectively, the “Platform”). Betterment is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Platform. The materials contained within the Platform, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. Betterment also owns a copyright in the selection, coordination, and arrangement of the material contained within the Platform.
The material contained within the Platform is provided by Betterment LLC only for lawful uses by clients, Betterment employees, and members of the general public. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express prior written consent of Betterment LLC. Use of the Platform does not grant users any right, title, or interest in the materials contained within the Platform.
Digital Millennium Copyright Act
Betterment respects the intellectual property rights of others and expects its users to do the same. Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), Betterment will respond expeditiously to notices of alleged copyright infringement on the Platform that are reported to Betterment’s Designated Copyright Agent identified in the Notice (as described below).
Betterment prohibits copyright infringing activities on the Platform and will, if properly notified of infringing files, expeditiously remove or disable access to such files. Upon receipt of the Notice, Betterment will take whatever action, in its sole discretion, it deems appropriate, including removing or disabling access to the material without prior notice, to the extent it is technologically possible given the nature of the Platform.
Notice: If you are a copyright owner, or agent thereof, please report alleged copyright infringements taking place on or through the Platform or other Betterment services by completing a DMCA notice of alleged infringement (“Notice”) and delivering it to Betterment’s Designated Copyright Agent. Upon receipt of a Notice, Betterment will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform. Betterment will make best efforts to review the Notice as soon as possible and to promptly remove or block access to the content, so long as all the required information is included in the Notice.
Please provide the following information to our Designated Copyright Agent:
- Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by this Notice, a representative list of the copyrighted works that are claimed to have been infringed.
- Identify the material or activity claimed to be infringing or to be the subject of infringing activity and provide information reasonably sufficient to locate the material, including, at minimum, if applicable, the URL.
- Include a short explanation of how the content infringes your rights.
- Provide information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Sign the Notice by providing a physical or electronic signature along with your full legal name.
Counter notice: Once an appropriate Notice is received, Betterment will follow the procedures provided in the DMCA, which set forth a notice and takedown process, subject to the alleged infringer’s right to submit a counter-notification claiming lawful use of the copyright or other intellectual property interest that is allegedly infringed. Please note that any Notices or counter notices received may be sent to Betterment’s legal advisors.
Any Counter Notice should include the following:
- Your name, address, telephone number, and email address.
- An identification of the material that Betterment has taken down.
- A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification.
- A statement that you consent to the jurisdiction of the U.S. District Court for the federal district in which you reside or the jurisdiction of the U.S. District Court for the Southern District of New York if you reside outside the United States, and that you will accept service of process from the complaining party or its agent in the event that a lawsuit is filed against you from the complaining party or its agent in the event that a lawsuit is filed against you relating to such content.
- Your physical or electronic signature.
Betterment’s Designated Copyright Agent:
Legal Dept., Designated Copyright Agent
8 W. 24th Street, 6th Floor
New York, NY 10010