These Educator Terms were last updated 03.01, 2020.
1. Educator Obligations.
As an Educator, you are responsible for all content that you post, including course content, test series, polls, forums, SMS, email, quizzes, exercises, practice tests, answers, course landing page content, and announcements or any other content in all the formats ("Submitted Content").
You represent and warrant that:
• you will provide and maintain accurate account information;
• your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;
• you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
• you will respond promptly to students and ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
• post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
• post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
• use the Services for business other than providing turoring, teaching, and instructional services to students;
• engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
• frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
• impersonate another person or gain unauthorized access to another person's account;
• interfere with or otherwise prevent other Educators from providing their services or courses; or
• abuseUtobo resources, including support services.
2. License to use Utobo
Unless otherwise agreed (including within our Promotions and marketplace Policy), you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, Utobo's right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Utobo's right to use such Submitted Content for marketing purposes shall survive termination.
We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Utobo permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Utobo's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
3. Trust & Safety
3.1 Trust & Safety Policies
You agree to abide by Utobo's Trust & Safety policies, Restricted Topics policy, and other course quality standards or policies prescribed by Utobo from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to Utobo's approval, which we may grant or deny at our sole discretion.
We reserve the right to remove courses, suspend payouts, and/or ban Educators for any reason at any time, without prior notice, including in cases where:
• a course falls below our quality standards or has a negative impact on the student experience;
• a Educator engages in behavior that might reflect unfavorably on Utobo or bring Utobo into public disrepute, contempt, scandal, or ridicule;
• a Educator engages the services of a marketer or other business partner who violates Utobo's policies; or
• as determined by Utobo in its sole discretion.
3.2 AdditionalEducators and assistants
The Utobo platform allows you to add other users as an Additional Educators and assistants for courses that you manage. By adding anAdditional Educators or teaching assistant, you understand that you are authorizing them to take certain actions that affect your Utobo account and courses. Utobo is not able to advise on any questions or mediate any disputes between you and such users. We are also not responsible for any revenue sharing with additional Educators as it is calculated based on admin Educator account.
3.3 Relationship to Other Users
Educators do not have a direct contractual relationship with students, so the only information you'll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Utobo platform, and that you won't solicit additional personal data or store students' personal data outside the Utobo platform. You will indemnify Utobo against any claims arising from your use of students' personal data.
4.1 Price Setting
When creating a course, you have an option to offer the course or test series for free or list pricing for course subject or topic. On a paid subscription, you will also be given the opportunity to participate in certain promotional and marketplace programs (optional) under the terms of our Promotions Policy ("Promotional and Marketplace Programs").
You give us permission to share your courses for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased your courses. You understand that you will not receive compensation in these cases.
4.2 Transaction Taxes
If a student purchases a product or service in a country that requires Utobo to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes ("Transaction Taxes"), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple's App Store or Google Play).
4.3 Promotional Programs
Utobo offers several optional marketing programs (Promotional Programs) in which you can choose to participate, as detailed in our Promotions Policy. These programs can help increase your revenue potential on Utobo by finding the optimal price point for your courses and promoting them through additional marketing channels.
There is a cost to participate in these programs which completely depends customer outreach plans and you can modify your participation status at any time, though changes you make will not apply to currently active campaigns.
5.1 Revenue Share
We give an option to integrate your own payment gateway. So whatever student purchases from courses and test series you will get the money in your bank account depending upon payment gateway provider terms. We are not responsible for any delay or deduction in payment. We encourage you to take all the details from payment gateway providers before integrating it with Utobo.
If you have not opted into any of Utobo's optional Promotional Programs or market place, your revenue share will be 50% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days’ notice using prominent means, such as via email or by posting a notice through our Services.
If you opt into any of the Promotional Programs, the relevant revenue share may be different and will be as specified in the Promotions Policy.
5.2 Receiving Payments
For us to pay you in a timely manner, you must have an active PayPal or stipe account keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
Depending on the applicable revenue share model, payment will be made within 30 days of the end of the month in which we receive the fee for a course or test series.
As a Educator, you are responsible for determining whether you are eligible to be paid by Indian company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
If a student asks for a refund after we have paid the relevant Educator payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the Educator or (2) where no further payments are due to the Educator or the payments are insufficient to cover the refunded amounts, require the Educator to refund any amounts refunded to students for the Educator's courses.
While you are a published Educator and subject to the requirements below, you may use our trademarks where we authorize you to do so.
• only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish.
• only use our trademarks in connection with the promotion and sale of your Utobo courses or your participation on Utobo; and
• immediately comply if we request that you discontinue use.
You must not:
• use our trademarks in a misleading or disparaging way;
• use our trademarks in a way that implies that we endorse, sponsor, or approve of your courses or services; or
• use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
7. Sanctions and Export Laws
You warrant that you aren't restricted from using the Services under Indian sanctions or export laws (as an individual or as an officer, director, or controlling shareholder of any entity on whose behalf you use the Services). If you become subject to such a restriction while you are subject to these Educator Terms, you will notify Utobo within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Utobo). You will not use the Services to conduct or facilitate any transaction with any other individual or entity subject to such a restriction. You may not remove, export, or allow the export or re-export of the Services (or any product thereof, including technical data) outside the India in violation of any restrictions, laws, or regulations of the India or any other applicable country.
8. Deleting Your Account
Instructions on how to delete your Educator account is available in Educator dashboard. We'll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously enrolled in your courses, your name and that Submitted Content will remain accessible to those students after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us via email@example.com.
9. Miscellaneous Legal Terms
9.1 Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Utobo reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
9.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Utobo), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 8 (Deleting Your Account), and 9 (Miscellaneous Legal Terms).
10. How to Contact Us
The best way to get in touch with us is to contact our support team (firstname.lastname@example.org). We'd love to hear your questions, concerns, and feedback about our Services.
I accept the Educator terms