Educaire Instructor Terms

When you sign up to become an instructor on the Educaire platform, you agree to abide by these Instructor Terms ("Terms"). These Terms cover details about the aspects of the Educaire platform relevant to instructors and are incorporated by reference into our Terms of Use, the general terms that govern your use of our Services. Any capitalized terms that aren't defined in these Terms are defined as specified in the Terms of Use.

As an instructor, you are contracting directly with Educaire, regardless of whether another Educaire subsidiary facilitates payments to you.

1. Instructor Obligations

As an instructor, you are responsible for your behavior and all content that you make available through the Services, including lectures, quizzes, coding exercises, sessions (as detailed in the “Coaching Services” section below), practice tests, assignments, resources, answers, course landing page content, labs, assessments, and announcements ("Submitted Content").

You represent and warrant that:

• you will provide and maintain accurate account information;
• you own or have the necessary licenses, rights, consents, permissions, and authority to authorize Educaire to use your Submitted Content as specified in these Terms and the Terms of Use;
• 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 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 content or information, or engage in any behavior, that is inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous;
• 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 tutoring, 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 instructors from providing their services or content; or
• abuse Educaire resources, including support services.

2. License to Educaire

You grant Educaire the rights detailed in the Terms of Use to offer, market, and otherwise exploit your Submitted Content. This includes the right to add captions or otherwise modify Submitted Content to ensure accessibility. You also authorize Educaire to sublicense these rights to your Submitted Content to third parties, including to students directly and through third parties such as resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms. The rights granted in the Terms of Use also include Educaire’s right to apply generative and non-generative AI models to, and develop and improve non-generative AI models on, your Submitted Content to support the core capabilities of the Services (such as search and recommendations).

For instructors included in the Instructor Generative AI Program (“GenAI Program”), be sure to understand the additional content licensing terms detailed in the Instructor GenAI Policy. You will automatically be included in the GenAI Program unless you opt out during the designated periods as described in such policy.

Unless otherwise agreed (including within our Promotions Policy or Instructor GenAI 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, Educaire'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 access still in effect) and (2) Educaire's right to use such Submitted Content for marketing purposes shall survive termination.

We may record and use all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Educaire 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 Educaire'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 Educaire's Trust & Safety policies, Restricted Topics policy, and other content quality standards or policies prescribed by Educaire 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 Educaire's approval, which we may grant or deny at our sole discretion.

We reserve the right to remove content, suspend payouts, not pay out funds, and/or ban instructors for any reason at any time, without prior notice, including in cases where:

• an instructor or content does not comply with our policies or legal terms (including the Terms of Use);
• content falls below our quality standards or has a negative impact on the student experience;
• an instructor engages in behavior that might reflect unfavorably on Educaire or bring Educaire into public disrepute, contempt, scandal, or ridicule;
• an instructor engages the services of a marketer or other business partner who violates Educaire's policies;
• an instructor uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates Educaire's policies; or
• as determined by Educaire in its sole discretion.

3.2 Co-Instructors and Teaching Assistants

The Educaire platform allows you to add other users as co-instructors or teaching assistants for Submitted Content that you manage, and you are required to comply with our Co-Instructor Relationship Rules and Guidelines when taking such actions. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your Educaire account and Submitted Content. Violations of Educaire's terms and policies by your co-instructor or teaching assistant may also impact your Educaire account and Submitted Content. Educaire is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.

3.3 Relationship to Other Users

Instructors don't 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 Educaire platform, and that you won't solicit additional personal data or store students' personal data outside the Educaire platform. You agree to indemnify Educaire against any claims arising from your use of students' personal data.

3.4 Anti-Piracy Efforts

We partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you hereby appoint Educaire and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your content, 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 Educaire and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.

You agree that Educaire and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to takedowns@Educaire.com with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.

4. Pricing

4.1 Instructor Opportunities

Educaire offers marketing programs as specified in the Promotions Policy (“Promotional Programs”) and the GenAI Program as specified in the Instructor GenAI Policy (collectively, “Instructor Programs”). You may also have the opportunity to provide Coaching Services as specified in the “Coaching Services” section below. These opportunities can help increase your revenue potential on Educaire and do not require any up-front cost to participate. You can modify your participation status, though certain opportunities restrict when modifications can be made and have additional requirements on termination. Any changes you make will not apply to currently active campaigns.

4.2 Price Setting

When creating Submitted Content available for purchase on Educaire, you will be prompted to select a base price ("Base Price") for your Submitted Content, which may, for certain Submitted Content, be selected from a list of available price tiers. Alternatively, you may choose to offer your Submitted Content for free. As a premium instructor, you will also be given the opportunity to participate in Promotional Programs.

If you do not opt to participate in any Promotional Programs, we will list your Submitted Content for at least the Base Price. If you opt to participate in a Promotional Program, we may set a different discounted price or list price for certain Submitted Content as described in the Promotions Policy.

Prices are set and charged in Central African CFA francs (FCFA / XAF). Where a student's country uses another currency, checkout may also show an estimated amount in that currency for the student's information only, converted using a third-party exchange rate; the amount charged is the FCFA amount. Your earnings are therefore always calculated on the FCFA amount actually received for the sale.

You give us permission to share your Submitted Content for free with our employees, with selected partners, and in cases where we need to restore access to accounts who have previously purchased your Submitted Content. You understand that you will not receive compensation in these cases.

4.3 Transaction Taxes

If a student purchases a product or service in a country that requires Educaire 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.

5. Payments

5.1 Revenue Share

When a student purchases your Submitted Content, we calculate the gross amount of the sale as the amount actually received by Educaire from the student ("Gross Amount").

From the Gross Amount, we subtract any Transaction Taxes and any mobile platform fees applied to mobile provider checkout sales to calculate the net amount of the sale ("Net Amount").

Except for sales through your own instructor-generated coupon codes or course referral links as described below, your revenue share is 37% of the Net Amount, less any applicable deductions such as student refunds.

If we change these payment rates, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.

If you participate in any of the Instructor Programs, the relevant revenue share may be different and will be as specified in the Promotions Policy or Instructor GenAI Policy.

Educaire makes instructor payments in Central African CFA francs (FCFA/XAF) to a mobile money account, as described in section 5.3 below. Where a sale is made in another currency, we convert it to FCFA. Educaire is not responsible for any mobile money, transfer, or other processing fees you may incur. Your revenue report shows the sale price and your revenue amount in FCFA.

5.2 Instructor Coupons and Course Referral Links

The Educaire platform allows you to generate coupon codes and referral links to offer certain items of your Submitted Content to students at a discount, at Educaire's current price, or for free, as permitted within the Services. These coupon codes and referral links are subject to limits, and you may not sell them on third-party websites or otherwise offer them in exchange for compensation. Additional information and restrictions on these coupon codes and referral links are outlined in our Trust & Safety policies.

Where a student applies your coupon code or referral link at checkout, your revenue share will be 97% of the Net Amount less any applicable deductions, such as student refunds.

5.3 Receiving Payments

Instructor payments are made in Central African CFA francs (FCFA/XAF) to a mobile money account. You must keep a valid MTN Mobile Money or Orange Money number on file, held in your name and in good standing, and keep the payout details in your instructor account up to date. We cannot make payments until valid payout details are provided.

Payouts are made on request rather than automatically. You may request a withdrawal of your available earnings from the payout page of your instructor account. For your security, we require a one-time verification code before a withdrawal request is submitted, and each request is reviewed and approved by Educaire before funds are disbursed. Only one withdrawal request may be pending at a time, and the minimum withdrawal amount is 1,000 FCFA.

You are responsible for determining, reporting, and paying any taxes due on your earnings under applicable Cameroonian law, and you agree that we may withhold or deduct any amounts we are required by law to withhold. We may withhold, delay, or decline a payout in the event of identified fraud, violations of intellectual property rights, other violations of law, or where otherwise required or permitted by law.

5.4 Refunds

You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms of Use. Instructors will not receive any revenue from transactions for which a refund has been granted under the Terms of Use.

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 Submitted Content.

5.5 Referral Program (Invite & Earn)

Registered students may take part in our referral program ("Invite & Earn"). We give you a personal referral link and code that you can share. Instructors are not eligible to earn student referral commissions; instructor sharing of their own content is governed by section 5.2 above.

When a person who is new to Educaire opens your referral link and creates an account, that account is recorded as referred by you. The first referral link a person uses is the one credited (first touch), and a person can be referred by only one referrer.

When a person you referred makes a qualifying paid purchase, you earn a referral commission equal to 25% of the Net Amount of that purchase. The commission is capped so that it never exceeds the platform fee Educaire actually retained on the same sale, and it applies to qualifying purchases the referred person makes while the program is active. Free enrollments, refunded or reversed purchases, and your own purchases do not earn a commission.

Referral earnings are held for a short period (currently 14 days) after each qualifying purchase, to allow for refunds, before they become available to you. Once available, you may use your referral earnings in either of two ways: (a) as credit toward your own course purchases at checkout, or (b) as a withdrawal to your mobile money account (MTN Mobile Money or Orange Money) in Central African CFA francs (FCFA/XAF), subject to a minimum withdrawal amount, identity and security checks, and our review and approval. Both draw on the same balance: spending earnings as credit reduces the amount you can withdraw, and the reverse is also true.

If a purchase that generated a commission is later refunded or reversed, the related commission is reversed. Where that commission has already been spent or withdrawn, we may deduct the amount from your available balance or from your future referral earnings.

You may not refer yourself or earn a commission on your own account or purchases, and you may not create fake, duplicate, or misleading accounts to generate referrals. The program is single level: you earn only on people you refer directly, and not on people they in turn refer. We may withhold, delay, reverse, or cancel referral earnings, and suspend or remove any person from the program, where we reasonably suspect fraud, abuse, self-dealing, or a violation of these Terms or applicable law.

We may change the commission rate, the holding period, eligibility, or any other aspect of the referral program, and we may pause or end the program, at any time. Where a change is material, we will give notice by reasonable means, such as by email or a notice within the Services. Any change applies to purchases made after it takes effect; commissions you have already earned will not be reduced retroactively.

Referral earnings are your income, and you are solely responsible for any taxes due on them under applicable law. This program forms part of, and is governed by, these Terms of Use.

6. Coaching Services

Educaire’s platform may enable you to provide live coaching sessions to students as part of our Coaching Services. By participating in the Coaching Services, you agree to the additional terms in this section.

6.1 Session Setup and Availability

You may offer Coaching Services by configuring your sessions through our instructor tools, which may allow you to set topics, descriptions, durations, and availability, as those tools are made available to you. Coaching Services may not be available to all instructors and may be subject to limits, such as on the number of sessions you can provide per day, as determined by Educaire in its sole discretion. As described in the “Price Setting” section above, you will be prompted to select a Base Price for your sessions.

You are responsible for maintaining accurate availability and attending all booked sessions. You may stop offering Coaching Services at any time by removing your availability, but this will not affect existing booked sessions.

6.2 Cancellation and Attendance Obligations

You may cancel a booked session at any time by providing notice through our platform. However, if you cancel or otherwise fail to attend the session (as determined by Educaire), you will not receive payment for that session.

6.3 Session Conduct

You are solely responsible for your conduct and any information you share while using the Coaching Services. You agree that your sessions are consistent with your stated expertise and session descriptions and provide value to students based on the session objectives. You retain full discretion over how you conduct your sessions, including your preparation and teaching methods.

You may only use approved third-party video conferencing and calendaring tools provided through our platform. You are responsible for ensuring you have adequate internet connectivity and technical setup for the Coaching Services. You may not record, reproduce, or share any part of a session. You are also prohibited from sharing any session links, login information, or other access credentials with anyone else.

You may not engage in any behavior that is inappropriate, offensive, hateful, sexist, racist, pornographic, unlawful, or otherwise objectionable, share information that is false, misleading, defamatory, or invasive of another's privacy, record, reproduce, or publicly share any part of a session, or disrupt the session or harass the student. These restrictions are in addition to those listed in our “Content and Behavior Rules” and “Sanctions and Export Laws” sections of the Terms of Use and the “Instructor Obligations” section above.

6.4 Additional Tax Requirements

You are responsible for determining, reporting, and paying any taxes due on your Coaching Services earnings under applicable Cameroonian law. You agree that we may withhold or deduct any amounts we are required by law to withhold.

6.5 No Professional Advice

You may not provide any services or advice that would require a professional license or qualification (such as legal, medical, or financial advice). You agree that you will not engage in any conduct that could create, or be perceived as creating, a professional-client relationship with any student. You must ensure that your sessions are for educational purposes only and do not constitute professional advice.

6.6 No Employment Relationship

Your participation in the Coaching Services does not create any employment, partnership, joint venture, or agency relationship between you and Educaire. Educaire does not control the methods, manner, or means by which you conduct your sessions, and you retain full discretion over how you provide coaching within the scope of these Terms. These terms are in addition to those listed in the “Relationship Between Us” section below.

6.7 Coaching Services Disclaimers

You acknowledge that during Coaching Services, you may interact with students whose conduct is beyond Educaire’s control. Educaire makes no representations or warranties regarding student behavior, preparedness, or conduct during coaching sessions. You agree that Educaire is not liable for any damages, losses, or harm arising from student misconduct during Coaching Services. You assume all risks associated with student interactions and agree to handle such situations professionally and in accordance with our Terms and Trust & Safety Guidelines. Coaching Services may be facilitated through third-party video conferencing and calendar services. Educaire is not responsible for the availability, security, or performance of these third-party services. These disclaimers are in addition to those listed in the “Disclaimers” section of the Terms of Use.

7. Trademarks

While you are a published instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.

You must:

• 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 Submitted Content available on Educaire or your participation on Educaire; 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 Submitted Content 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.

8. Deleting Your Account

Instructions on how to delete your instructor account are available here. 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 Submitted Content, your name and that Submitted Content may 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.

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 Educaire 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.

9.2 Translations

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.

9.4 Survival

The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Educaire), 3.3 (Relationship to Other Users), 5.3 (Receiving Payments), 5.4 (Refunds), 6 (Coaching Services), 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. We'd love to hear your questions, concerns, and feedback about our Services.