These Instructor Terms were last updated October 16th, 2020.
As an instructor, you are contracting directly with HeyTech LLC.
You are responsible for all content that you post, including videos, quizzes, course landing page content, and announcements ("Submitted Content").
You represent and warrant that:
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 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; impersonate another person or gain unauthorized access to another person's account; interfere with or otherwise prevent other instructors from providing their services or courses; or abuse HeyBrain resources, including support services.
License to HeyTech LLC
Unless otherwise agreed you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, our 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) HeyTech LLC’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 HeyTech LLC permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
For any of your courses that HeyTech LLC may select, at our sole discretion, to translate into a different language you will have rights to use that same translated course on other platforms only after HeyTech LLC has recovered all costs associated with the translation of the course via profits. These costs include but are not limited to: translation, re-shooting video, re-designing any media, internal costs and marketing costs. HeyTech LLC will provide a total of such costs and the associated recovered costs for said course upon request within 30 business days. Until such a time as HeyTech LLC has recovered such costs via profit, we retain all rights to said course, but you the Instructor will be ongoingly paid revenue as per the Revenue Share section.
Restricted Topics and Quality Policies
You agree to abide by our course quality standards or policies prescribed by HeyTech LLC from time to time. You understand that your use of the Services is subject to HeyTech LLC’s approval, which we may grant or deny at our sole discretion.
We reserve the right to remove courses, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
an instructor or course does not comply with our policies or legal terms; a course falls below our quality standards or has a negative impact on the student experience; an instructor engages in behavior that might reflect unfavorably on HeyBrain or bring HeyTech LLC into public disrepute, contempt, scandal, or ridicule; or as determined by HeyTech LLC in its sole discretion.
You hereby appoint HeyTech LLC as your agents for the purpose of enforcing copyrights for each of your courses, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant HeyTech LLC primary authority to file notices on your behalf to enforce your copyright interests.
When creating a course, you will be prompted to select a price for your course from a list of available price tiers. You may also choose to offer your course for free. When a student purchases using a foreign currency, we will convert the relevant price into the student's applicable currency using a system-wide foreign currency conversion rate set by HeyTech LLC and fixed periodically into a table of corresponding price tiers by currency. Since this price tier matrix is fixed, those conversion rates may not be identical to the applicable market rate in effect when a transaction is processed. We reserve the right to update the Price Tier Matrix at any time
When a student purchases through a mobile application, the mobile platform provider's pricing matrix will impact the price and we will choose the price tier closest to the applicable Base Price or Promotional Program price. Because mobile platforms impose their own currency conversion rates, conversions for mobile app prices may not match the conversions in the Price Tier Matrix.
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.
If a student purchases a product or service in a country that requires HeyTech LLC 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).
When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by HeyTech LLC from the student ("Gross Amount"). From this, we subtract any Taxes, any mobile platform fees applied to mobile application sales, a 3% administrative and handling fee for any non-mobile-app sales to calculate the net amount of the sale ("Net Amount").
Depending on the source of the sale, you will earn between 25% and 97% of the Net Amount less any applicable deductions, such as student refunds.
Instructor link - a specific link unique to each course, provided by our platform. No-cost translation - any course which HeyTech has translated at our own expense.
Promoted - any course for which HeyTech is actively promoting via paid traffic and/or any marketing of your course Organic - any course which does not fall into other categories, such as buyers that find your course through browsing our course catalog.
HeyTech reserves the right to determine which of the above categories apply in cases where multiple categories may apply, or in cases where any URL we provide has been modified in any way.
HeyTech LLC makes all instructor payments in U.S. dollars (USD) regardless of the currency with which the sale was made.
For us to pay you in a timely manner, you must own a PayPal or Stripe account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation (such as a W-9 or W-8) 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.
Payment will be made within 45 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.
As an instructor, you are responsible for determining whether you are eligible to be paid by a U.S. 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 instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor's courses.
While you are a published instructor 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 (such as our Instructor Badge Guide); only use our trademarks in connection with the promotion and sale of your HeyBrain courses or your participation on HeyBrain; 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.
Sanctions and Export Laws
You warrant that you aren't restricted from using the Services under U.S. 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 Instructor Terms, you will notify us 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 HeyTech LLC). 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 U.S. in violation of any restrictions, laws, or regulations of the U.S. or any other applicable country.
Deleting Your Account
Instructions on how to delete your instructor account are available by contacting our Support Team. 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 our Support Center.
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
How to Contact Us
The best way to get in touch with us is to contact our Support Team. We'd love to hear your questions, concerns, and feedback about our Services.
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 we reserve the right in our 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.