When you sign up to become an instructor on the Wessembly platform, you agree to abide by these Instructor Terms ("Terms"). These Terms cover details about the aspects of the Wessembly platform relevant to instructors.
As an instructor, you are contracting directly with Wessembly Inc. (a Delaware corporation in the United States).
1. Instructor Obligations
As an instructor, you are responsible for all content that you post, including lectures, quizzes, 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 Wessembly 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 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 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 Wessembly resources, including support services.
2. License to Wessembly
You grant Wessembly 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 Wessembly 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.
Unless otherwise agreed (including within our Promotions 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, Wessembly'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) Wessembly 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 Wessembly 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 Wessembly 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 Wessembly's Trust & Safety policies, Restricted Topics policy, and other content quality standards or policies prescribed by Wessembly 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 Wessembly approval, which we may grant or deny at our sole discretion.
We reserve the right to remove content, suspend payouts, 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 Wessembly or bring Wessembly into public disrepute, contempt, scandal, or ridicule;
• an instructor engages the services of a marketer or other business partner who violates Wessembly 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 Wessembly policies; or
• as determined by Wessembly's sole discretion.
3.2 Co-Instructors and Teaching Assistants
The Wessembly 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 Wessembly account and Submitted Content. Violations of Wessembly terms and policies by your co-instructor or teaching assistant may also impact your Wessembly account and Submitted Content. Wessembly 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 Wessembly platform, and that you won't solicit additional personal data or store students' personal data outside the Wessembly platform. You agree to indemnify Wessembly against any claims arising from your use of students' personal data.
4. Pricing
4.1 Price Setting
When creating Submitted Content available for purchase on Wessembly, you will be requested to allocate price for your Submitted Content in dollars (and Naira equivalent which may not necessarily reflect direct market exchange rates). Alternatively, you may choose to offer your Submitted Content for free.
Instructors will also be given the opportunity to participate in certain promotional programs under the terms of our Promotions Policy ("Promotional Programs").
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 Wessembly from the student ("Gross Amount"). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile provider checkout sales, a 3% service and processing fee.
If you have not opted into any of Wessembly optional Promotional Programs, and except for sales through instructor-generated coupon codes or course referral links as described below, your revenue share will be 65% 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.
Wessembly makes all instructor payments in Dollars (USD) and Naira (NGN) corresponding to the currency with which the sale was made. Wessembly is not responsible for your foreign currency conversion fees, wiring fees, or any other processing fees that you may incur.
5.2 Instructor Coupons and Course Referral Links
The Wessembly platform allows you to generate coupon codes and referral links to offer certain items of your Submitted Content to students at a discount, at Wessembly 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.
5.3 Receiving Payments
For us to pay you in a timely manner, you must own a PayPal, in good standing and must keep us informed of the correct email associated with your account. Alternatively, your valid account details will be required.
You must also provide any identifying information or 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 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.
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 Contents.
6. Miscellaneous Legal Terms
6.1 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 Wessembly 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 correspondence 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.
6.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
7. How to Contact Us
The best way to get in touch with us is to contact our Support Team through support@wessembly.com. We'd love to hear your questions, concerns, and feedback about our Services.
