Terms Of Use For Tutors

When you sign up to become a tutor on the SkillMD platform, you agree to abide by these Tutor Terms (“Terms“).

These Terms cover details about the aspects of the SkillMD platform relevant to tutors and are incorporated by reference into our Terms of Use, the general terms that govern your use of our Platform. SkillMD Class is part of SkillMD and hence, wherever SkillMD is mentioned, it is purported to include and refer to SkillMD Class also. Any terms that aren’t defined in these Terms are defined as specified in the Terms of Use.

1. Tutor Obligations

As a tutor, you are responsible for all your information and content, including lectures, quizzes, exercises, practice tests, assignments, resources, answers, course landing page content, labs, assessments, and announcements (“Class 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 SkillMD to use your Class Content as specified in these Terms and the Terms of Use;
  • your Class 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 in the Platform and for the Class Content and use of the Platform; and
  • you will ensure a quality of service that corresponds with the standards of your industry and instruction Platform 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 Platform or to any user;
  • use the Platform for business other than providing tutoring, teaching, and instructional Platform 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 Platform (such as to embed a free version of a course) or otherwise circumvent the Platform;
  • impersonate another person or gain unauthorized access to another person’s account;
  • interfere with or otherwise prevent other tutors from providing their Platform or content; or
  • abuse SkillMD resources, including support Platform.

2. License to SkillMD

You grant SkillMD the rights detailed in the Terms of Use to offer, market, and otherwise exploit your Class Content. This includes the right to add captions or otherwise modify Class Content to ensure accessibility. You also authorize SkillMD to sub-license these rights to your Class 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 Class Content from the Platform at any time. Except as otherwise agreed, SkillMD’s right to sub-license the rights in this section will terminate with respect to new users 60 days after the Class Content’s removal. However, (1) rights given to students before the Class Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) SkillMD’s right to use such Class Content for marketing purposes shall survive termination.

We may record and use all or any part of your Class Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Platform. You grant SkillMD permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Platform, your Class Content, or SkillMD’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

3. Trust & Safety

3.1 Trust & Safety Policies

You agree to abide by SkillMD’s Trust & Safety policiesRestricted Topics policy, and other content quality standards or policies prescribed by SkillMD 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 Platform is subject to SkillMD’s approval, which we may grant or deny at our sole discretion.

We reserve the right to remove content, suspend payouts, and/or ban tutors for any reason at any time, without prior notice, including in cases where:

  • an tutor 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 tutor engages in behavior that might reflect unfavorably on SkillMD or bring SkillMD into public disrepute, contempt, scandal, or ridicule;
  • an tutor engages the Platform of a marketer or other business partner who violates SkillMD’s policies;
  • an tutor uses the Platform in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates SkillMD’s policies; or
  • as determined by SkillMD in its sole discretion.

3.2 Co-Tutors and Teaching Assistants

The SkillMD platform allows you to add other users as co-tutors or co-hosts or teaching assistants for the classes you take or for Class Content that you offer/manage, and you are required to comply with our Co-Tutor Relationship Rules and Guidelines when taking such actions. By adding a co-tutor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your SkillMD account and Class Content. Violations of SkillMD’s terms and policies by your co-tutor or teaching assistant may also impact your SkillMD account and Class Content. SkillMD is not able to advise on any questions or mediate any disputes between you and such users. If your co-tutors 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

Tutors don’t and shouldn’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 Platform. You agree that you will not use the data you receive for any purpose other than providing your Platform to those students on the SkillMD platform, and that you won’t solicit additional personal data or store students’ personal data outside the SkillMD platform. You agree to indemnify SkillMD against any claims arising from your use of students’ personal data.

4. Pricing

4.1 Price Setting

When creating Video Session available for purchase on SkillMD, you are given the freedom to charge any fees for your Class. Alternatively, you may choose to offer your Class for free. As a premium tutor, you will also be given the opportunity to participate in certain promotional programs as and when they are announced in the Platform.

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

4.2 Transaction Taxes

If a student purchases a class/product or service in a country that requires SkillMD to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes (“Transaction Taxes“), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may deduct the amount of such taxes paid from your Payout at our discretion.

4.3 Promotional Programs

SkillMD may offer several promotion and marketing programs (Promotional Programs) in which you can choose to participate, as detailed in our Promotions Policy. These programs can help increase your revenue potential on SkillMD by finding the optimal price point for your Class Content and offering them across a wider audience.

There is no up-front cost to participate in these programs, and you can modify your participation status at any time, though changes you make will not apply to currently active campaigns and certain programs may have additional requirements on termination.

5. Payments

5.1 Revenue Share

When a student purchases your Class, we calculate the gross amount of the sale as the amount actually received by SkillMD from the student (“Gross Amount“). From this, we subtract 28% towards our Platform fees to calculate the net amount of the sale (“Net Amount”). We also reserve the right to deduct, in addition to the above Platform fees, a 3% service and processing fee charged by Payment Gateways to calculate the net amount of the sale (“Net Amount”).

Your revenue share will be 72% 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 Platform.

SkillMD takes all tutor payments in U.S. dollars (USD) regardless of the currency with which the sale was made. SkillMD is not responsible for your foreign currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD).

5.2 Tutor Coupons and Course Referral Links

The SkillMD platform allows you to generate coupon codes to offer your Classes to students at a discount, at SkillMD’s current price, or for free, as permitted within the Platform. These coupon codes 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.

SkillMD may absorb the discount offered to the students via coupon at our discretion on Promotions such as Sale initiated at our end without impacting your revenue share. Where you have offered a coupon at your discretion, and where a student applies your coupon code at checkout, your revenue share will get proportionately reduced of the Net Amount less any applicable deductions, such as student refunds.

5.3 Receiving Payments

For us to pay you in a timely manner, you must own a PayPal account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation (such as a W-9 or W-8) 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.

Payment to you will be made in the within 10 days of the succeeding month of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.

The threshold limit for payment has been fixed at USD 100 and the Payment will equal the Net Earning that you have at the end of the month. Payment, via PayPal  will be made within 10 days of the end of the month in which your Net Earning have reached USD 100 or above.

As an tutor, you are responsible for determining whether you are eligible to be paid by a U.S. company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.

If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.

5.4 Refunds

You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms of Use. Tutors 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 tutor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the tutor or (2) where no further payments are due to the tutor or the payments are insufficient to cover the refunded amounts, require the tutor to refund any amounts refunded to students for the tutor’s Class Content.

6. Trademarks

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

You must:

  • only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
  • only use our trademarks in connection with the promotion and sale of your Class Content available on SkillMD or your participation on SkillMD; and
  • immediately comply if we request that you discontinue use.

You must not:

  • use our trademarks in a misleading or disparaging way;
  • use our trademarks in a way that implies that we endorse, sponsor, or approve of your Class Content or Platform; or
  • use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.

7. Deleting Your Account

Instructions on how to delete your tutor account are available in the site. We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously signed up and paid for your Class, your name and that Class Content may remain accessible to those students after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us through our Contact Us page or by raising a Support Ticket.

8. Miscellaneous Legal Terms

8.1 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 SkillMD reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Platform. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Platform after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

8.2 Translations

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

8.3 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.4 Survival

The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to SkillMD), 3.3 (Relationship to Other Users), 5.3 (Receiving Payments), 5.4 (Refunds), 7 (Deleting Your Account), and 8 (Miscellaneous Legal Terms).

9. How to Contact Us

SkillMD Class is part of SkillMD and hence, wherever SkillMD is mentioned, it is purported to include and refer to SkillMD Class also.

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Platform.

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