Terms of Service
Last updated November 24, 2016
PLEASE READ THIS DOCUMENT CAREFULLY.
Teachable Inc. ("Teachable," "we," or "us") offers an online course creation platform and community through its website located at Teachable.com and all subdomains. By registering as a member or by using Teachable’s Service in any way, you accept these Terms of Service ("Agreement"), which form a binding agreement between you and Teachable. If you do not wish to be bound by this Agreement, do not use Teachable’s Service.
1. License to use the Teachable Service
Teachable grants you a limited, non-exclusive license to access and use the Teachable Service for your own personal and commercial purposes. This includes the right to view content available on the Teachable Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by Teachable in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Teachable Service. Nor will you take any measures to interfere with or damage the Teachable Service. All rights not expressly granted by Teachable are reserved.
To use the Teachable Service, you must register as a user by providing your name, password, and valid email address. You must provide complete and accurate registration information to Teachable and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Teachable Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
4. Account Types and Billing Terms
In addition to offering Free Teachable accounts, we offer Teachable Basic, Professional, and High Volume account tiers. Please see our Pricing Page for features and pricing. Features and prices are subject to change.
CANCELLATION AND REFUNDS
All of our paid account tiers are billed month-to-month with no annual contract. If you choose to cancel, your paid plan will be terminated immediately and you will not be refunded for any remaining days within the month you’ve already been charged for.
By default, all paid plans are set to automatically charge every month unless you submit a cancellation request to us in writing via email or through our support form.
PAID PLAN CANCELLATION
When you cancel a Teachable Basic, Professional, or High Volume plan, your account will revert to a Free account and Teachable may disable access to features available only to paid plan users.
5. Payouts and Refunds
Both Teachable school owners and their affiliates are paid for signups 30 days after the end of the month in which a sale was made. This 30-day period is necessary to account for any refunds, since students have 30 days to request a refund on any course purchased through Teachable. Payouts are handled through PayPal, which can be set up in the Admin panel.
Students may be given a full or partial refund within 30 days of their initial class enrollment and payment. If a student paid by PayPal, they will be refunded via PayPal directly via the instructor’s PayPal account; if a student paid by credit card, they will be refunded via the credit card processor within 7 days of the instructor submitting a refund request via Teachable.
6. Term and Termination; Account Deletion
This Agreement begins on the date you first use the Teachable Service and continues as long as you have an account with us.
You may delete your account at any time. Basic accounts may be deleted from the Teachable Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid accounts will remain active unless you explicitly ask us to delete it when you cancel your paid plan.
TERMINATION FOR BREACH
Teachable may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Teachable determines that you have violated any provision of this Agreement or that your conduct or content would damage Teachable's reputation. If Teachable deletes your account for these reasons, you may not re-register for the Teachable Service. Teachable may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION
Upon termination, all licenses granted by Teachable will terminate. Sections 6 and 11 through 16 shall survive termination. In the event of account deletion for any reason, your course content may no longer be available. Teachable shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
8. Code of Conduct
In using the Teachable Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Teachable has the right, but not the obligation, to monitor all conduct on and content submitted to the Teachable Service.
9. Licenses Granted by You
LICENSE TO TEACHABLE
As between you and Teachable, you own the video content ("videos") that you upload to Teachable. Teachable will not copy, transmit, or publicly display your video content without your express permission.
LICENSE TO OTHER USERS
You further grant permission to all registered students of your courses to view your videos for their personal, non-commercial purposes. If you’ve set your videos as downloadable, your students also have the right to download a copy of your videos to their personal computers. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES
The above licenses will continue unless and until you remove your videos from Teachable, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
Text, Images, Quizzes, and Downloadable Files
You also own all text, images, quizzes, and downloadable content that you upload into your Teachable courses and school. All registered students of your courses will be able to access your content for their personal, non-commercial purposes. If you’ve uploaded downloadable documents, your students also have the right to download a copy of these documents to their personal computers.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Teachable and grant the licenses set forth above; (ii) Teachable will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Teachable and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Teachable Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Teachable violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
Teachable respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice via email.
Teachable reserves the right to modify our Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Teachable. Teachable has no obligation to screen or monitor any content and does not guarantee that any content available on the Teachable Service complies with this Agreement or is suitable for all users.
Teachable provides its Service on an 'as is' and 'as available' basis. You therefore use the Teachable Service at your own risk. Teachable expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Teachable makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Teachable Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) Teachable shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Teachable's total liability to you shall not exceed the amounts paid by you to Teachable over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Teachable Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Teachable is not the primary producer of the visual content contained in the Teachable Service.
16. General Provisions
This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Any action arising out of or relating to this Agreement or your use of the Teachable Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Teachable and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Teachable in exercising any right hereunder will waive any further exercise of that right. Teachable's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Teachable's prior written consent. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, or other information from Teachable electronically. Teachable may provide all such communications by email or by posting them on the Teachable Service. For support-related inquiries, you may contact us. Nothing herein shall limit Teachable's right to object to subpoenas, claims, or other demands.
This Agreement may not be modified except by a revised Terms of Service posted by Teachable on the Teachable Site or a written amendment signed by an authorized representative of Teachable. A revised Terms of Service will be effective as of the date it is posted on the Teachable Site.
This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Teachable and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.