Terms of Service

Sinnymarks llc. (“YO!LEARN”) is a New York based company. In these Terms of Use, we will reference ourselves as “YO!LEAN” or “we/us”. This document sets out the terms for use of our Platform. Our platform can be found at https://bestonlineschool.org, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed or otherwise operated by yo-learn. When referring to the infrastructure in these Terms, we will be collectively referring to them as the “Platform”.

 

Our Terms of Use (“Terms”) also includes our House Rules, Privacy Policy, Cookies Policy, Data Processing Agreement, Content Guidelines, Creator Referral Terms and Conditions and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Yo-learn platform.

 

When we refer to “You” or “User”, we mean the entity you represent in accepting these Terms, or, if that does not apply, you individually. If you are accepting on behalf of your employer, your company, or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party you represent.

 

By using our Platform in any manner, You are expressly agreeing to, and give Your consent to be governed by, these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use or access the Platform in any manner.

1. The Services Provided by Yo-learn

1.1. The Yo-learn Platform and Yo-learn Services

Yo-learn provides an open online content creation platform designed to allow content creators (“Creators”) to build, design, publish, and sell courses, coaching offerings (“Coaching”) and other services to their end users (“Students”).Yo-learn provides each Creator with a dedicated Yo-learn environment (“school”) to host and offer their services. Yo-learn offers this content creation platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in these Terms as “Teachable Services”.

1.2. Relationship between Yo-learn and Users

Yo-learn is neither a content provider nor an educational institution. Creators and Students are not employees of Yo-learn.

Yo-learn is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their courses, digital downloads, and other content (collectively, “Creator Content”) available and, at each Creator’s election, for processing payments through Yo-learn’s payment gateway(s). Yo-learn is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.

As stated in our Privacy Policy, Yo-learn only provides Creators with limited information about Students enrolled in their services, including name, email address, IP address, and the Creator offering in which the Student has enrolled. This information is only available to the Creator upon the purchase or enrollment of a Student in the Creator’s school. Yo-learn does not provide, sell, rent, release, disclose, or otherwise transfer Student data to Creators for monetary or other valuable consideration. Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.

2. Eligibility and Account Terms

2.1 Age of Access

You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian’s permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are ‘representing’ and ‘warranting’ that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.

 

2.2 OFAC Restrictions

As an express condition of being permitted to access and use the Platform, You represent and warrant that You (i) are not on a list of persons that bars You from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Syria, Venezuela or Crimea.

 

2.3 User Accounts

To access or use certain features of the Platform, You may be required to register for an account (“Account”). For example, to enroll in a Creator’s course or other service, You will be required to create a Student Account associated with the Creator’s school. When You register for an account, You agree to provide true, accurate, current and complete information and to keep Your account up to date.

 

2.4 Creator Accounts

To sign up for the Platform as a Creator, you will need to open a Creator account. Creators are deemed the contracting party (“Primary Owner”) for the purposes of our Terms.

If you are signing up as a Creator on behalf of your employer, your employer shall be the Primary Owner of the account and any associated school(s). If you are signing up on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms. When You register for a Creator Account, You agree to provide true, accurate, current and complete information and to keep Your account up to date.

 

2.5 Admin User Accounts

Depending on the Teachable subscription plan, a Creator may allow one or more persons (“Non-Primary Owner”) to establish an administrative account associated with a Primary Owner’s school. The Primary Owner is responsible for setting the level of access and permissions for Non-Primary Owners.

A Primary Owner is responsible and liable for the acts, omissions and defaults arising from the use of Non-Primary Owner accounts associated with their schools as if they were the Primary Owner’s own acts, omissions, or default.

 

2.6. Account Ownership Disputes

In the unlikely event that there is a dispute over the ownership of an account, Teachable has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:

• a copy of Your photo ID;
• Your business documents, including a Charter, Certificate of Incorporation, LLC
• Agreement, business license, or other documentation showing ownership of Your entity;
• Your billing information and details;
• Certified copies of your tax forms; and
• Other documentation as we deem necessary to settle the dispute

Should a dispute arise, Teachable reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.

 

3. Code of Conduct

We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform. If you violate this Code of Conduct, we reserve the right to remove You and any of Your User Content from the Yo-learn Platform. Whether conduct violates our Code of Conduct will be determined in Yo-learn’s sole discretion.

 

 

3.1 No Illegal Activity:

This is about as simple as it gets. Do not use the Yo-learn Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

 

 

3.2 No Fraud:

Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.

 

 

3.3 No Bad Conduct:

Do not use the Yo-learn Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.

 

 

3.4 No Spamming:

Seriously. No one likes spam. We don’t like spam. We’re pretty sure that You don’t like your inbox cluttered with spam. You may not use the Yo-learn Platform to engage in any activities that will result in sending spam to anyone on the Yo-learn Platform, includingYo-learn (and its employees), Creators, and Students.

 

 

3.5 Be Civil:

We mean this. We’re an open platform allowing myriad subject matters to be taught. Not all Creator Content is for everyone. But the one thing we can all agree on is that when we use the Yo-learn Platform we are going to be civil and respectful at all times.

 

 

3.6 No Exploitation:

You will not use the Yo-learn Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing User Content.

 

 

3.7 No Impersonation:

Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Yo-learn. You will not impersonate anyone on the Yo-learnPlatform, including Yo-learn (and its employees), Creators, and Students.

 

 

3.8 No Data Mining or Bots:

You may not use any data mining, robots, or similar data gathering or extraction methods.

 

 

3.9 No Use Other Than Intended:

You may not use the Platform or any User Content contained on the Platform for any purposes other than intended.

 

 

3.10 No Prohibited Content:

You may not use the Platform if Your User Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.

4. Intellectual Property and Terms that Apply to Your Data

In operating our Platform, it’s important for us to make it clear who owns what and who’s responsible for what. You are trusting us with Your content and consistent with Yo-learn’s genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Yo-learn community.

4.1 What Yo-Learn Owns

All right, title and interest in and to the Platform, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Yo-learn Content”, and is and will remain the exclusive property of Yo-learn and its licensors. Yo-learn Content is protected by intellectual property rights both in the United States and internationally.

Your use of the Platform under these Terms does not give you additional rights in the Platform or ownership of any intellectual property rights associated with the Platform, including, but not limited to, any rights to use Yo-learn’s trademarks, logos, domain names, and other distinctive brand features. Subject to Your compliance with and the limitations set forth in these Terms, Yo-learn grants You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform and/or Yo-learn Services to fulfill your personal and commercial purposes.

You agree not to do any of the following while accessing or using the Platform and/or Yo-learn Services:

1. license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Platform without Yo-learn’s express written consent (this license is only for Your use and you may not assign it to anyone else without our permission).
2. circumvent or disable any security or other technological features or measures of the Platform.
3. copy, modify, create derivative works of, decompile, reverse engineer, disassemble, or otherwise attempt to discover any source code of or any elements of the Platform, or use the Platform to compete with Yo-learn
4. engage in any activity that would interfere with, damage, or harm the Platform and/or Yo-learn Services.

All rights not expressly granted by Yo-learn are reserved.

4.2 What You Own

Any data, information or material originated by you that you upload or otherwise transmit through the Platform, including Creator Content, (“User Content”) is and remains Yours. Yo-learn does not claim any intellectual property rights over User Content by virtue of Your use of the Platform and/orYo-learn Services.

By uploading User Content to the Yo-learn Platform, You agree that:

1. Yo-learn may review User Content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Yo-learn has no obligation to review anything that You upload.
2. You are uploading User Content to the Yo-learn Platform at Your direction and Yo-learn does not in any way certify or provide approval or permission prior to You uploading User Content.
3. Yo-learn may display User Content to other users (e.g. Your Students) via the Yo-learn Platform for the purpose of providing Yo-learn Services.
4. You agree that by uploading User Content to Our Platform, You are allowing Us to store Your User Content.
5. You agree to provide Yo-learn with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) User Content in furtherance of the Yo-learn Services (In other words, because You own Your Content, You have to give us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).
6. You are responsible for and own, or have the rights to use, all of Your User Content.

4.3 Your Posts

The Yo-learn Platform may include features that permits You to post, upload or transmit content that is intended to be viewed by other users (“Posts”). For example, Creators participating in Yo-learn:HQ will have the opportunity to submit Posts to other members of the Yo-learn community. For the avoidance of doubt, Posts exclude User Content (including Creator Content).

By submitting Posts to the Yo-learn Platform, you grant Yo-learn a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Posts for any purpose. Yo-learn may exercise all copyright, publicity and moral rights, in any media, with respect to Your Posts.

4.4 Content Free of Infringement of Any Third-Party Rights

1. You agree that Your User Content and/or Posts do not infringe upon anyone else’s intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
2. In plain language, this means that if You’re using someone else’s work (including videos, text, charts, power points, etc.) in Your User Content or Posts, You’ve gotten the content owner’s permission to use it. You wouldn’t want anyone selling any of Your User Content without Your permission. If You are going to use something that You didn’t create, make sure You can demonstrate that You have the right to use it before You make it a part of Your User Content.

4.5 Feedback

You may choose or we may invite You to submit suggestions, recommendations, enhancement requests or other feedback about Yo-learn Services or the Platform (“Feedback”). By submitting any Feedback, You agree that such Feedback is gratuitous, unsolicited, and without restriction, and You grant us a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate any Feedback into Yo-learn Services and/or the Platform. We actively review Feedback for new ideas. If You wish to preserve any interest You might have in your Feedback, You should not post them to the Platform or send them to us.

4.6 Processing of Data by Creators

1. Creators are responsible for protecting all personal information they provide to, or receive from, Yo-learn in connection with the use of Yo-learn Services. Yo-learn’s Data Processing Agreement (“DPA”) forms part of these Terms and sets out Yo-learn’s and Creator’s obligations with respect to the processing of personal information. Creators agree to abide by the DPA when and to the extent Data Protection Laws apply to a Creator’s use of Yo-learn Services to process Student Data or Creator Data (as these terms are defined in the DPA).
2. Creators are considered controllers or “owners” of the personal information they collect from and about Students. In addition to agreeing to the terms of the DPA, Creators are also responsible for providing an appropriate privacy notice to their Students, respecting their Students’ privacy rights in accordance with applicable law, and providing access to or deleting Students’ personal information if they request and as required by applicable law.

5. Yo-learn’s General Rights In Operating Its Platform

5.1 Yo-learn may modify, terminate, or refuse to provide yo-learn Services at any time for any reason, without notice.

5.2 Yo-learn may remove anyone from the Teachable Platform at any time for any reason, solely in Yo-learn’s discretion. This right is not modified by any other section of these Terms.

5.3 Yo-learn reserves the right to access Your account, school, and User Content in order to respond to requests for technical support, to maintain the safety and security of the Yo-learn Platform, and for other legitimate business purposes, as necessary, in Yo-learn’s discretion.

5.4 Yo-learn may, but has no obligation to, monitor any User Content that appears on the Yo-learn Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Yo-learn employees.

5.5 Yo-learn reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.

5.6. If You close Your account or terminate Your school, Yo-learn may keep a copy of Your User Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.

5.7 Yo-learn reserves the right to remove You and Your User Content without warning if You violate any of the provisions of these Terms.

5.8 Yo-learn has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of these Terms without warning at any time.

6. Intellectual Property Violations

6.1 Copyright Violations and the DMCA

If Yo-learn  has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Yo-learn  reserves the right to remove, block, or otherwise ‘take down’ the content. Yo-learn also reserves the right to remove from the Platform any Creators, Students, or other parties, who are repeat offenders of the Yo-learn repeat offender policy.

1. Reporting Copyright Infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”):
   a) Yo-learn provides an online form for submitting copyright infringement notices under the DMCA. If you believe that content on the Yo-learn Platform is infringing on your copyrights, please complete Yo-learn’s copyright infringement notice form to forward your notice to Yo-learn’s designated agent for review. (For trademark infringement claims, refer to https://Yo-learn.com/).
   b) If your submission contains all of the information required by the form and complies with the DMCA, Yo-learn will expeditiously remove or disable access to the content alleged to be infringing.
   c) Please note that when Yo-learn removes content in response to a DMCA notice, Yo-learn will attempt to contact the party who posted the content You report as infringing and provide information about the notice and removal, including information about how to submit a counter notice. Yo-learn may also send a copy of any notices received to the affected party.
2. DMCA Counter Notice Procedure
   a) If Your content is removed due to the receipt of a DMCA notice and you believe that your content was wrongly removed, you may send Teachable what is known as a Counter Notice.
   b) Your Counter Notice must contain:
3. A physical or electronic signature
4. Identification of what was removed and the location where the material appeared before it was removed
5. A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
6. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district of New York and that you will accept service of process from the person who provided notification
7. c) Your Counter Notice must be sent to Yo-learn’s designated agent at Yo-learn.com
   d) Please note that a copy of any Counter Notice received will be sent to the party who reported the content as infringing.
8. Repeat Infringement Policy: As we stated above, Yo-learn really doesn’t look favorably on anyone who is using someone else’s intellectual property without permission. Should Yo-learn receive two or more DMCA complaints regarding any Creator, Yo-learn may simply remove that Creator from the Yo-learn Platform without further warning. Note: as we state in our Yo-learn Rights section, we still reserve the right to remove any school at any time for any reason. This Repeat Infringement section does not change that right in any way.

6.2. Trademark Violations

Yo-learn reserves the right to remove access to content that it knows, or has reason to know, violates the rights of trademark owners. Please note that Yo-learn will send a copy of any trademark infringement claim received to the user who posted the content you report as infringing.

1. Reporting Trademark Infringement
   a) Yo-learn provides trademark owners an online form for submitting information to enable Yo-learn to evaluate trademark infringement claims. If you believe that a user of the Yo-learn Platform is infringing your registered trademark, please complete Yo-learn’s trademark complaint form to forward your claim to Yo-learn’s team for review. (For copyright infringement claims, refer to Section 6.1 above).
   b) If your submission contains all of the information required by the form and demonstrates that a user of the Yo-learn Platform is infringing your registered trademark by using your trademark in connection with the goods or services covered by your registration, Yo-learn will take appropriate action, which may include removing access to the infringing content and/or terminating the user.
   c) Do note Yo-learn is not a court of law and there may be times that we cannot take action based on the information that you submit in our online form. In such cases, we may refuse to take action, and if warranted, you may resubmit the online form with additional information and materials requested by the form that were not previously submitted.
2. Counter Notice Procedure
   a) If Your content is removed due to the receipt of a Trademark notice, you may send Yo-learn a counter notice if you believe that your content was wrongly removed.
   b) If Yo-learn receives a counter notice that denies the infringement claim and asserts that it has a good faith basis for doing so, Yo-learn may choose not to remove the allegedly infringing content but will put you in contact with the user so that you and the user can address the matter directly.

7. Third Party Communications

By using Yo-learn’s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). Yo-learn is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Yo-learn assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

8. Third Party Offerings

8.1 Through the Yo-learn Platform, You will have the ability to access content, links to websites, products and services provided by Creators, Students, and other third parties (“Third Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third party website is at Your own risk. Yo-learn does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.

8.2 AI Services. Yo-learn may provide you with access to AI services, including, but not limited to, AI created course outlines, which are powered by Open AI, LLC’s (“OpenAI”) services. By using these AI services, you accept and agree to be bound by OpenAI’s API Terms of Use and other Policies (the “Open AI Terms”), which are legal agreements between you and OpenAI. Yo-learn is not liable to you in respect to the OpenAI terms. In case of any inconsistency between the Terms and OpenAI’s Terms, the Terms shall govern.

9. Payments

Yo-learn operates two different types of payment options for Creators who use our Platform: Yo-learn Native Gateways and Custom Payment Gateways. Your use of either type of gateway is covered by the terms of this section.

9.1. Yo-learn Native Gateways

For the avoidance of doubt, the term Yo-learn Native Gateways is a reference to both Yo-learn Payments and the Monthly Payments Gateway.

1. Appointment of Yo-learn as a Limited Payment Collection Agent for Yo-learn Native Gateways: Each Creator collecting payment for services provided on the Yo-learn platform via Yo-learn Native Gateways hereby appoints Yo-learn as the Creator’s payment collection agent solely for the limited purpose of accepting funds from Students purchasing such services.
   a) Each Creator agrees that payment made by a Student through the Yo-learn Native Gateways shall be considered the same as a payment made directly to the Creator, and the Creator will provide the purchased services to the Student in the agreed manner as if the Creator has received the payment directly from the Student. Each Creator agrees that Yo-learn may refund the Student in accordance with the Terms. Each Creator understands that Yo-learn’s obligation to pay the Creator is subject to and conditional upon successful receipt of the associated payments from Students. Yo-learn guarantees payments to Creators only for such amounts that have been successfully received by Yo-learn from Students in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Creator, Yo-learn assumes no liability for any acts or omissions of the Creator.
   b) Each Student acknowledges and agrees that Yo-learn acts as the Creator’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Creator. Upon payment of the funds to Yo-learn, the Student’s payment obligation to the Creator for the agreed amount is extinguished, and Yo-learn is responsible for remitting the funds to the Creator in the manner described in these Terms, which constitute Yo-learn’s agreement with the Student. In the event that Yo-learn does not remit any such amounts once successfully received from the Student, the Creator will have recourse only against Yo-learn and not the Student directly.
2. Yo-learn Payments: The Yo-learn Payments gateway allows Creators to process credit or debit card transactions and facilitates faster payout processes. Yo-learn Payments is available to some Creators, based on location. For a list of eligible locations, please see the Yo-learn website.
   a) Creators have the option to set up Yo-learn Payments from their school’s Admin page. By setting up Yo-learn Payments, You agree to the terms that appear in these Terms and/or on the Yo-learn Platform regarding the Yo-learn Payments Gateway.
   b) Third Party Agreement: In setting up Yo-learn Payments, You may be instructed to agree to terms of service offered by Stripe. Stripe is an independent party from Yo-learn and Yo-learn is not responsible for the contents of their terms of service. Should Stripe’s terms of service differ from these Terms, such differences shall not modify these Terms in any manner.
   c) By using Yo-learn Payments You agree that Yo-learn may place a portion of Your school sales in reserve for a period of time to cover losses, chargebacks, refunds, etc. The current reserve period and amount are located on our Knowledge Base page regarding Yo-learn Payments. The amount of reserves and the length of time in which they are held are subject to change at Yo-learn’s sole discretion. Should the reserve period or the amount withheld change, Yo-learn will make reasonable efforts to update the Knowledge Base page to communicate these changes.
   d) Fees for Teachable Payments may be found on the Yo-learn Knowledge Base page. All Yo-learn Payment gateway fees will be deducted before the funds are sent to the Creator. The fees associated with Yo-learn Payments are subject to change, in Yo-learn’s sole discretion. By using Yo-learn Payments, You agree to the fees as set by Yo-learn.
3. Monthly Payment Gateway: Yo-learn Creators may also have an opportunity to utilize the Monthly Payments Gateway (MPG) to facilitate credit card or debit card transactions or to utilize PayPal as a payment option. MPG is offered wherever PayPal accounts are available and the availability of MPG is subject to any limitations by PayPal. Yo-learn Payments users will only be able to utilize MPG for PayPal transactions and will not be able to utilize MPG for credit card processing.
   a) Third Party Agreement: In setting up MPG, You may need to agree to terms of service offered by Stripe or PayPal. Stripe and PayPal are independent parties from Yo-learn and Yo-learn is not responsible for the contents of their terms of service. Should their terms of service differ from these Terms, such differences shall not modify these Terms in any manner.
   b) Funds paid out to Creators via MPG are paid on the first of the month (or first available business day) no earlier than thirty (30) days after the end of the month in which a sale was made. This hold period is to account for any potential losses, chargebacks, refunds, etc. For the avoidance of doubt, this hold may result in funds being paid out more than thirty (30) days after the sale to a Student. The current hold period can be located on our Knowledge Base page regarding MPG. The length of time in which MPG funds are held before payout is subject to change at Teachable’s sole discretion. Should the hold period change, Teachable will make reasonable efforts to communicate these changes via the Knowledge Base page.

9.2. Custom Payments Gateway: Creators on the Professional, Business, and Enterprise plans may choose to set up a Custom Payment Gateway (CPG) to process Student transactions. These transactions, which are made through a third-party payment gateway, are outside of the scope of your relationship with Teachable. You agree that Your CPG service is a third-party payment service and is not a part of the Yo-learn Services. Payouts are distributed according to the third-party payment service’s policies and procedures, and are not subject to any of Yo-learn’s policies and procedures related to payments, including the 14-day refund policy or payment hold. Furthermore, You acknowledge that:

1. Yo-learn does not control any payment processing fees that may be assessed through CPG. Additionally, while Yo-learn may record the amounts that you owe to authors and affiliates in the transaction report, Yo-learn does not have the access or ability to make deductions from transaction fees processed through third-party payment gateways to pay your authors or affiliates. Creators using CPG are responsible for making payments to authors and affiliates on their own.
2. Yo-learn is not a marketplace facilitator with respect to any transactions that occur through CPG. By using CPG, You further acknowledge that Yo-learn does not have any responsibility to pay, remit, or otherwise collect or send to any relevant tax authorities any taxes owed, including sales taxes, on Creator Content you sell through CPG.

10. Taxes

Laws governing the collection, reporting and remittance of sales and use taxes, value-added taxes and other similar state, local and foreign taxes are complex. This section of the Terms summarizes Yo-learn’s practices regarding these tax requirements. Please be advised that Yo-learn’s position on these tax matters is subject to change, without notice, and possibly with retroactive effect.

Depending on the laws of the relevant jurisdictions, Creator Content sold by Creators to Students through the Yo-learn platform for purchases of courses and other services and transmitted to locations inside and outside of the United States may be subject to tax.

The rate and amount of tax imposed depends on a number of factors which Yo-learn considers, including (without limitation):

• The identity of the Creator and/or Student;
• The type of course or service that was purchased, and whether or not is it taxable;
• The payment gateway used by the Creator (Yo-learn Native Gateways vs. Custom Payments Gateways); and
• The shipment or delivery address of the Creator or Student, as applicable.

Yo-learn may request additional information from its customers, which will require You to provide certain information, such as Your legal name, tax identification number, address, phone number, e-mail address, and account information for Your bank account, as necessary to fulfill its tax obligations.

10.1 General Application of Sales Taxes in the United States

Yo-learn will determine whether a transaction on the Yo-learn Platform is subject to tax based on the applicable laws in each state. Yo-learn will calculate, collect, report and remit any sales taxes collected directly to the state on whose behalf the tax is imposed. Certain states may also require the Creator to submit their own tax filings or information returns.

The tax rate applied to Your transaction will be equal to the combined applicable state and local tax rate which shall be determined by Yo-learn based on the information provided by the Creator and/or Student, as applicable.

1. Fees from Yo-learn Subscription Plans
   Where applicable, Teachable will collect from the Creator sales tax that may arise in connection with Teachable subscription fees.
   Creators who believe that they should not be charged tax in connection to Yo-learn subscription fees must provide Yo-learn with a valid tax/identification number, a valid tax ID/tax certificate or other documentary proof issued by an appropriate taxing authority confirming that Yo-learn should not charge tax to the Creator in accordance with the applicable tax laws.
   Please note that in some situations, tax laws may require the Creator to report and remit tax itself to its tax authority with regard to subscription fees paid to Teachable (these situations are commonly referred to as ‘reverse charge’).
2. Fees from the sale of Creator Content
   For United States sales tax purposes, Yo-learn may be deemed to be a “marketplace facilitator” for third-party sales transacted through Yo-learn’s Native Payment Gateways. A “marketplace facilitator” is generally defined as the entity that owns or operates the marketplace (platform), and directly or indirectly processes transactions (including the sell of physical property, digital goods and services) on behalf of third-party sellers (“marketplace sellers”).
   In the United States, marketplace facilitator laws and regulations shift the sales tax collection, reporting and remittance obligations from marketplace sellers to the marketplace facilitator. Therefore, where Yo-learn is deemed a marketplace facilitator, Yo-learn is responsible for calculating, collecting, remitting and refunding sales taxes on taxable products and services that are sold over Yo-learn’s Native Payment Gateways (i.e. Yo-learn Payments and Monthly Payment Gateway).
   Please note that where a Creator is using the Custom Payment Gateway (CPG), the Creator is solely responsible for calculating, collecting, reporting and remitting sales tax regardless of the Student’s state of residence.
   Creators are able to download sales reports detailing the purchase amount and the amount of tax collected on each sale through their account dashboard.
   It is possible that certain states will require additional marketplace facilitator collection (“Marketplace Facilitator Collection”) under new or existing laws. At its sole discretion, Yo-learn shall determine when it will undertake Marketplace Facilitator Collection with respect to a jurisdiction and You authorize Yo-learn to take all actions necessary to undertake such Marketplace Facilitator Collection. You agree to reasonably cooperate with Yo-learn and timely provide all information necessary for Yo-learn to accurately calculate, collect, report and remit such taxes including, but not limiting to, complying with the other provisions of this section. Yo-learn shall have sole discretion to specify the rate and taxability applied to the products and services sold. You also understand and agree that Yo-learn may undertake Marketplace Facilitator Collection for transactions in jurisdictions in which you do not otherwise have a substantial nexus. Notwithstanding any other provision of these Terms, You understand and agree that Yo-learn will not remit to You any taxes collected as part of Marketplace Facilitator Collection. Without limiting Your obligations or liability under any other provision of these Terms, You agree to indemnify and hold harmless Yo-learn for any taxes, penalties, or interest on Your transactions asserted against Yo-learn by a jurisdiction with respect to Marketplace Facilitator Collection.
   Please refer to Yo-learn’s Knowledge Base article on United States Sales Tax and Yo-learn for a list of jurisdictions where Yo-learn collects tax as a marketplace facilitator.
3. Exceptions
   Yo-learn will not collect sales taxes in the following circumstances:
   Creator sales over Custom Payment Gateway (CPG): Creators must calculate, collect, report and remit taxes themselves
   Creator sales off Platform: Creators must calculate, collect, report and remit taxes themselves
   Tax Exempt Organization: Creators or Students from tax-exempt organizations who purchase products or services on the Yo-learn platform will be required to pay sales taxes on the initial purchase. Thereafter, the Creator or Student should submit a refund request to tax@teachable.com. The refund request should include a copy of the purchase receipt showing the sales tax paid and the Order ID, as well as a copy of the Creator or Student’s valid tax/identification number, a valid tax ID/tax certificate or other documentary proof issued by an appropriate taxing authority confirming that Yo-learn should not charge tax to the Creator in accordance with the applicable tax laws. Yo-learn will issue a refund once the documentation has been reviewed and approved.
   Resellers: Creator will need to provide Yo-learn with a tax exemption certificate issued by the state in which they are located.
4. Additional Sales Tax Considerations
   Yo-learn’s failure to collect, report and remit taxes to any governmental authority, may not relieve the Creator or Student from its sales tax obligations or liabilities within a state where applicable products and services are taxable. In certain states, a marketplace seller is still responsible for collecting and remitting sales and use taxes on sales not made on the marketplace facilitator platform. Additionally, the marketplace seller may remain liable for the sales tax if the marketplace facilitator can demonstrate that: (i) it has made a reasonable effort to obtain accurate and complete information from an unrelated marketplace seller about a retail sale, and (ii) the failure to remit the correct amount of tax was due to incorrect or incomplete information provided to the marketplace facilitator by the unrelated marketplace seller. WE ADVISE EACH CREATOR AND/OR STUDENT TO CONSULT WITH ITS OWN TAX ADVISOR REGARDING THE APPLICABILITY OF THESE RULES TO THEIR INDIVIDUAL CIRCUMSTANCES.

10.2 General Application of Taxes Outside of the United States

Creator and Student expressly acknowledge that an agreement is formed directly between Creator and Student for the sale of Creator Content by the Creator to the Student. Yo-learn is not a party to that agreement nor sets any of the terms for Creator Content sold by the Creator to the Student.

The Creator is the supplier of the Creator Content, Yo-learn is not responsible for interactions between Creators and Students and only provides technical means through which Creators may make their Creator Content available to Students.

As the Creator sells its Creator Content directly to the Student under its agreement with the Student, except as expressly provided in these Terms, the Creator will be solely and fully responsible to collect, report and remit the correct amount of tax (if any) to tax authorities for charges to the Students for the purchase of Creator Content. Yo-learn recommends Creators consult a tax advisor to assist with determining the tax requirements relating to the sale of their Creator Content.

Some countries provide for special tax laws making Yo-learn instead of the Creator responsible for the tax obligations pertaining to Creator Content sold by Creators while using the Yo-learn Native Gateways (Yo-learn Payments and Monthly Payment Gateway). In this regard, please note that the tax laws of the countries where Students reside generally dictate whether such a special tax law applies making Yo-learn instead of the Creator responsible for tax.

Therefore, in the event a Creator sells Creator Content to Students in multiple countries, different tax obligations may apply for the Creator, depending on the countries where the individual Students reside.

Please note that where a Creator is using the Custom Payment Gateway (CPG), the Creator is always solely responsible for tax, regardless of the country of residence of the Student.

The Country-Specific Guidance section contains an overview of jurisdictions where tax laws apply that shift the tax obligations for Creator Content from the Creator to Yo-learn in the Yo-learn Native Gateways model due to a deemed (by way of legal fiction) resale of Creator Content by Yo-learn that applies for tax purposes only.

Yo-learn determines the country where a Student resides for tax purposes on the basis of information the Student enters at checkout. Where needed, Yo-learn makes such data available to the Creator to enable the Creator to determine the amount of tax on the sale of Creator Content to a Student for which the Creator is responsible.

For information around requesting refunds and exemptions, please refer to Section 2 of the Terms of Use – Annex

1. Country Specific Guidance
   Please note that Yo-learn is handling tax on Creator Content sold to students only in specific situations, summarized below by country. In all other situations, the creator is solely responsible for tax on Creator Content and should consult with their tax advisor.
   For further country-specific guidance, please also refer to the Knowledge based article on Digital Content Tax Handling Outside Europe and the United States.
   a) European Union Value Added Tax (EU VAT)
   For Creator Content sold to Students residing in the EU, Yo-learn is responsible for collecting, reporting and remitting EU VAT to tax authorities if:
2. The Creator sells the Creator Content while using the Yo-learn Native Gateways; and
3. The Creator Content is an ‘Electronically Supplied Service’ (ESS).
4. User Content is an ESS unless the Creator has expressly confirmed, by disabling the EU VAT feature on the Yo-learn platform, that the Content requires live interaction between Creator and Student. For more information on EU VAT and the respective responsibilities of Creators and Yo-learn, please refer to Section 1 of the Terms of Use – Annex.
   b) AUSTRALIA, CANADA, CHILE, KENYA, MOLDOVA, NEW ZEALAND, RUSSIA, SAUDI ARABIA, and TAIWAN
   For Creator Content sold by Creators to Students residing in Australia, Canada, Chile, Kenya, Moldova, New Zealand, Russia, Saudi Arabia, and Taiwan, Yo-learn is responsible for collecting, reporting and remitting tax to tax authorities if:
   (i) the Creator is not established in or residing in the country of the Student, and
   (ii) the Creator sells Creator Content while using the Yo-learn Native Gateways.
   Students located in Australia, Canada, Chile, Kenya, Moldova, New Zealand, Saudi Arabia and Taiwan with a valid tax ID will not be charged tax at checkout.
   c) MEXICO
   For Creator Content sold by Creators to Students residing in Mexico, Teachable collects, reports and remits the full general VAT rate to tax authorities in Mexico unless:
   (i) a Mexico-resident Creator provides Yo-learn with a valid 13-digit Mexican Tax ID number (“RFC”) for individuals. In this case, Teachable remits 50% of the VAT amount to the tax authorities;
   (ii) a Mexico-resident Creator provides Yo-learn with a valid 12-digit Mexican Tax ID number (“RFC”) for business entities. In this case, Yo-learn does not remit VAT to the tax authorities.
   d) INDIA, SINGAPORE, AND MALAYSIA
   For Creator Content sold by Creators to Students residing in India, Singapore and Malaysia, Yo-learn is responsible for collecting, reporting and remitting tax to tax authorities if:
5. the Creator is not established in or residing in the country of the Student;
6. the Creator sells the Creator Content while using the Yo-learn Native Gateways; and
7. the Creator Content is an ‘Electronically Supplied Service’ (ESS) or equivalent under the applicable tax laws.
8. Creator Content is an ESS unless the Creator has expressly confirmed, by turning on the Comment Box functionality when creating its course on the Yo-learn platform, that the Creator Content requires live interaction between Creator and Student.
   Please note that in cases where Creator Content is NOT ESS, Yo-learn will NEVER be responsible for tax for Creator Content sold by Creators. This means that the Creators will in those cases be responsible for tax on the Creator Content.
   Students located in India and Singapore with a valid tax ID will not be charged tax at checkout.

10.3 Tax Indemnification

Notwithstanding any provision in these Terms to the contrary, You shall indemnify, defend and hold Yo-learn and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns federal, state, county, city, foreign or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and You grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by You hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

11. Yo-learn Subscription Fees

1. Yo-learn Plans are billed on a subscription basis. Users who sign up for a paid Yo-learn Plan will be billed in advance on either a monthly or annual cycle, depending on what Yo-learn Plan was selected at time of purchase. Payment will be charged to the User’s chosen payment method at confirmation of purchase and at the beginning of each new billing cycle. Yo-learn Plans will automatically renew at the end of each billing cycle unless You submit a cancellation request to us in writing via email (support@Yo-learn.com) or directly through Your account prior to the end of the billing cycle. Upon cancellation, your access to the select Yo-learn Plan will terminate and you will not be charged for the next billing cycle.
2. Pricing for the purchase of a Yo-learn Plan is described on our pricing page. Yo-learn may change the price of a Yo-learn Plan from time to time and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes for Yo-learn Plan subscriptions will take effect at the start of the next subscription period following the date of the price change. If You do not agree with the price Yo-learn charges, You have the right to reject the change by canceling Your subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
3. Depending on the processing method, Yo-learn may charge transaction fees, which include a per transaction integration fee to use a  Custom Payment Gateway. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges.
4. Changes to either transaction or implementation fees for transactions may occur during the term of a subscription subject to reasonable notice by Yo-learn. Yo-learn may also offer additional services during the term of a subscription, and those services may result in additional fees.
5. Should You not authorize payment or are otherwise not current on Your payments for Yo-learn Services, Yo-learn may restrict Your Platform access until Your account becomes current and paid in full. Yo-learn reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Yo-learn and/or retaining collection agencies or legal counsel.
6. Yo-learn reserves the right to offer custom Yo-learn plans and pricing in addition to what is offered on the pricing page. Custom Yo-learn plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.

12. Pricing of Creator Content

Yo-learn is not responsible for setting the pricing on Creator Content. Prices for Creator Content are set by the Creator.

13. Refund Policy

We want You to be happy with Yo-learn’s Platform. If You’re not feeling excited about joining the Yo-learn community, we have some options for You regarding Your plan.

13.1 Refund Policy for Yo-learn Plans

1. Monthly Plans
   Creators on monthly paid Yo-learn subscription plans are entitled to a full no-questions-asked refund within thirty (15) days of first signing up for a paid plan, or upgrading to a higher priced plan. Simply let us know in writing that You’re canceling the plan within thirty (15) days of Your sign-up.
2. Annual Plans
   Creators on annual paid Yo-learn subscription plans are entitled to a full no-questions-asked refund within thirty (15) days of first signing up for an annual plan. Simply let us know in writing that You’re canceling the plan within thirty (15) days of Your sign-up.
3. Abuse of the Refund Policy
   Yo-learn reserves the right to refuse refunds to Creators who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.

13.2 Refund Policy for Sales of Creator Content to Students

1. Courses
   a) In general, all Students purchasing courses that are a part of the Yo-learn Native Gateways are entitled to a fourteen (14) day full refund from the date of purchase. Unless authorized by Yo-learn in Yo-learn’s sole discretion, no Creator on the Yo-learn Native Gateways may offer to Students a refund policy for a period of less than fourteen (14) days.
   b) If a Creator has been allowed to offer a refund period that differs from Yo-learn’s general policy, the Creator must provide notice to Students prior to the purchase of the course.
   c) Yo-learn reserves the right to refuse refunds to Students who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.
   d) Regardless of any other section to the contrary in these Terms, Yo-learn does not establish, maintain, or control refunds or a refund policy for any Creator Content that was processed through a Custom Payment Gateway, including courses.
2. Coaching
   a) Creators (regardless of whether they use Yo-learn Native Gateways or a Custom Payment Gateway) are solely responsible for setting the refund policy regarding the sale of Coaching offerings.
   b) The Creator must provide notice to Students regarding their refund policy prior to the Students’ purchase of the Coaching offering.
   c) Regardless of any other section to the contrary in these Terms, Yo-learn’s refund policy does not cover the provision of Coaching offerings provided by Creators to Students.
3. Digital Downloads
   a) Creators (regardless of whether they use Yo-learn Native Gateways or a Custom Payment Gateway) are solely responsible for setting the refund policy regarding the sale of digital downloads.
   b) The Creator must provide notice to Students regarding their refund policy prior to the Students’ purchase of digital downloads.
   c) Regardless of any other section to the contrary in these Terms, Yo-learn’s refund policy does not cover the purchase of digital downloads.
   d) Yo-learn may, in its exclusive and sole discretion, refuse to refund the amounts paid, even within the permitted refund period, in the event that Students have used all or part of the digital downloads purchased, such as having downloaded the available digital downloads, leaving Yo-learn and the Creator at a clear disadvantage.
4. Bundled Products
   a) If a Creator sells a set of courses as a bundled package, the refund policy applicable for courses will apply, as provided in Section 14.2(1).
   b) If a Creator sells a set of courses and Coaching offerings as a bundled package, the refund policy applicable for Coaching offerings will apply, as provided in Section 14.2(2).
   c) If a Creator sells a set of coaching offerings as a bundled package, the refund policy applicable for Coaching will apply, as provided in Section 14.2(2).
   d) If a Creator sells a set of digital downloads as a bundled package, the refund policy applicable for digital downloads will apply, as provided in Section 14.2(3).
   e) If a Creator sells a set of digital downloads with courses or Coaching offerings as a bundled package, the refund policy applicable for digital downloads will apply, as provided in Section 14.2(3).
5. Subscription refunds. For student’s purchasing subscriptions, Students are entitled to terminate their subscription at any time within 14 days of their initial payment and receive a full refund.
6. Refunds after 60 days
   Yo-learn reserves the right to refuse any request by a Creator to refund a Student’s payment after sixty (60) days from the date of the Student’s initial payment. Creator accepts and agrees that Yo-learn has no obligation whatsoever to refund a Student’s payment after 60 days from the date of the Student’s initial purchase.
7. General Provisions
   a) It is the Student’s responsibility to understand the refund policy for Creator Content prior to purchasing such Creator Content.
   b) Yo-learn reserves the right to provide a refund to any student at any time in Yo-learn’s sole discretion.

14. Cancellation and Deletion

14.1 Cancellation

If You cancel a paid Yo-learn subscription plan, the cancellation will become effective at the end of the then-current billing cycle. When You cancel a paid plan, Your account will revert to a free account and Yo-learn may disable access to features available only to paid plan users.

14.2. Deletion

1. You may delete Your account at any time.
2. Any account on the free plan may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least six (6) months. Activity will be determined by Yo-learn in its sole discretion.
3. Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.
4. If Your account is deleted (regardless of the reason), Your User Content may no longer be available. Yo-learn is not responsible for the loss of such content upon deletion.
5. Upon deletion of Your account (regardless of the reason), all licenses granted by Yo-learn will terminate.

14.3 Effect of Cancelation/Deletion

Should a school, course, or account be canceled or deleted, the user may no longer have access to Yo-learn Content and/or User Content (including Creator Content). Further, User Content (including Creator Content) may be irretrievable.

Yo-learn shall not be liable to any party in any way for the inability to access Yo-learn Content or User Content (including Creator Content) arising from any cancelation or deletion, including any claims of interference with business or contractual relations.

15. Errors and Corrections

Yo-learn does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Yo-learn guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Yo-learn may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.

We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Students.

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16. Limitations of Liability

In running the Platform, we require that You understand and agree that Yo-learn is not liable for a number of things, including Your breach of these Terms and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Yo-learn doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Yo-learn will be limited to a portion of the fees You have paid us.

Our limitations of liability are as follows:

• You agree that Yo-learn, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Yo-learn Platform.
• You agree that Yo-learn shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.
• You agree that if you are sending gifts of Yo-learn products that by indicating a gift you are solely responsible to obtain their validation before providing us their personal data. Yo-learn shall not be liable any injuries, losses, claims, or damages that result from your failure to obtain validation.
• Yo-learn is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command. Yo-learn does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
• The Yo-learn Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the Teachable Platform.
• Yo-learn disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
• Yo-learn shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
• You agree that Yo-learn shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of these Terms. You agree to indemnify, defend, and hold harmless Yo-learn, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of these Terms, other Yo-learn policies, and copyright and other intellectual property law)
• You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
• You may not assign Your rights under these Terms without Yo-learns prior written consent.
• Should Yo-learn’s limitation of liability not be applicable, Yo-learn’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Yo-learn over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.
• You agree that Yo-learn shall not be liable for any content that appears on the Platform.
• Except as set forth herein, nothing express or implied in these Terms is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
• You agree that any cause of action or claim that You may have against Yo-learn must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.

17. Remedies for Violations

Yo-learn reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to removing Creators and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.

18. Communications

Yo-learn may notify You of relevant information regarding the Platform and Yo-learn Services in any of the following ways: (a) by emailing You at the contact information You provide in Your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices.

19. Governing Law and Jurisdiction; Disputes and Arbitration

19.1 These Terms shall be governed in accordance with the laws of the State of New York without regard to its conflicts of laws principles.

19.2 Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.

19.3 The arbitration will be conducted in New York County, New York, unless You and Yo-learn agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Yo-learn from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.

19.4 You and Yo-learn agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity.

19.5 You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Yo-learn and all parties to any such proceeding.

20. California Civil Code Section 1789.3

California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Complaints or requests for further information can be sent to the address listed in the Contact Us section of these Terms.

20. Privacy

Your use of the Platform is subject to our Privacy Policy.

21. Entire Agreement; Severability of Provisions; No Waiver

21.1 These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by Teachable, including the Platform, Yo-learn Services, and any Yo-learn Content.

21.2 If any provision of these Terms is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

21.3 No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

22. Changes to the Terms of Use

Yo-learn may review and update these Terms at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates.

23. Titles/Headings

The headings and titles of sections to these Terms have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of these Terms. Neither You nor Yo-learn shall rely on, or interpret substantively, the headings when construing the meaning of each section or these Terms as a whole.

24. Gender/Plural

Whenever such wording may appear in these Terms, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

25. Contact Us

If You have questions or concerns regarding these Terms, the Platform, Yo-learn Services, or User Content, You may contact Us via physical or electronic mail at the address below. Note: the Yo-learn office is not open to the public:

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Privacy Policy

Privacy Policy

Last updated: February 29, 2024

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Shinny Marks LLC, 15 W 38TH STNEW YORK,NY 10018.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: New York, United States
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to Yo!Learn, accessible from https://bestonlineschool.org
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Free Privacy Policy websitearticle.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential CookiesType: Session CookiesAdministered by: UsPurpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
• Cookies Policy / Notice Acceptance CookiesType: Persistent CookiesAdministered by: UsPurpose: These Cookies identify if users have accepted the use of cookies on the Website.
• Functionality CookiesType: Persistent CookiesAdministered by: UsPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: https://bestonlineschool.org/contact-us/

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