These Instructor Terms updated on February 10, 2021.
As an instructor, you are contracting directly with Topcademi, A Division of Vishwayogee Edutech Pvt. Ltd., Delhi, India, regardless of whether another Topcademi subsidiary facilitates payments to you.
1. Instructor Obligations
As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements ("Submitted Content").
You represent and warrant that:
You warrant that you will not:
2. License to Topcademi
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 Topcademi 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 Topcademi'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
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:
3.2 Co-Instructors and Teaching Assistants
The Topcademi platform allows you to add other users as co-instructors or teaching assistants for courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your Topcademi account and courses. Topcademi is not able to advise on any questions or mediate any disputes between you and such users and shall not be party to such agreement and disputes. 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 Topcademi platform, and that you won't solicit additional personal data or store students' personal data outside the Topcademi platform. You will indemnify Topcademi 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 courses from unauthorized use. To enable this protection, you hereby appoint Topcademi and our anti-piracy vendors 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 Topcademi and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.
You agree that Topcademi and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to [email protected] 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.
4.1 Price Setting
When creating a course, you will be prompted to select a base price ("Base Price") for your course from a list of available price tiers. Alternatively, you may choose to offer your course for free. As a premium instructor, you will also be given the opportunity to participate in certain promotional programs under the terms of our Promotions Policy ("Promotional Programs").
If you do not opt to participate in any Promotional Programs, we will list your course for the Base Price or the closest local or mobile app equivalent (as detailed below).
When a student purchases using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the student's applicable currency using a system-wide foreign currency conversion rate set by Topcademi and fixed periodically into a table of corresponding price tiers by currency ("Price Tier Matrix"). Since the Pier 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 and you shall agree to the same and shall not object to in future.
When a student purchases through a mobile application, the mobile platform provider's pricing matrix will control, 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 the above cases.
4.2 Transaction Taxes
If a student purchases a product or service in a country that requires Topcademi to remit national, state, or local sales or use taxes, value added taxes (VAT), GST, IGST or other similar taxes or 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
Topcademi 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 Topcademi by finding the optimal price point for your courses and promoting them through additional marketing channels.
There is no up-front cost to participate in these programs, 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
When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by Topcademi from the student ("Gross Amount"). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile provider checkout sales, payment gateway charges, a 3% administrative and handling fee (except in Japan, where we subtract a 4% fee) for any non-mobile provider checkout sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale ("Net Amount").
If you have not opted into any of Topcademi's optional Promotional Programs, 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 Promotion Policy.
Topcademi makes all instructor payments in Indian Rupees regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD).
5.2 Receiving Payments
For us to pay you in a timely manner, you must own a PayPal or Indian Bank 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, 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 and other deductions. 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 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, there shall be no interest on the pending amount payable by Topcademi.
As an instructor, you are responsible for determining whether you are eligible to be paid by an 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 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;
· only use our trademarks in connection with the promotion and sale of your Topcademi courses or your participation on Topcademi; 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 Laws 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 Topcademi 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 Topcademi). 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. That you shall inform us and take prior consent if you are knowingly taking any opportunity which shall put any of the above restictions.
8. Deleting Your Account
Instructions on how to delete your instructor account are available at support. 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.
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 Topcademi 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 for the date of entering in to this agreement or on the day they are posted whichever is earlier 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 words in English language will be given effect and shall be used for any interpretation and shall have control if there is any conflict between the words in any other language.
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 this agreement:
Sections 2 (License to Topcademi), 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 Center. We'd love to hear your questions, concerns, and feedback about our Services.