These Instructor Terms were last updated April 8, 2022.
As an instructor, you are contracting directly with Hey! Lemonade Inc. (an Alberta corporation in Canada), regardless of whether another Hey! Lemonade subsidiary facilitates payments to you.
1. Instructor Obligations
As an instructor, you are responsible for all content that you post, including courses, lessons, quizzes, as well as all content related to those courses, lessons, and quizzes (“Submitted Content“).
You represent and warrant that:
- You will provide and maintain accurate account information;
- Your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;
- You have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
- You will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
- Post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information;
- Post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
- Use the Services for business other than providing tutoring, teaching, and instructional services to students; unless otherwise authorized to conduct business as a coach through the Hey! Lemonade directory & platform.
- Engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
- Frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
- Impersonate another person or gain unauthorized access to another person’s account;
- Interfere with or otherwise prevent other instructors from providing their services or content; or
- Abuse Hey! Lemonade resources, including support services.
2. License to Hey! Lemonade
Unless otherwise agreed (including within our Promotions Policy), you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, Hey! Lemonade’s right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content’s removal. However, (1) rights given to students before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Hey! Lemonade’s right to use such Submitted Content for marketing purposes shall survive termination.
We may record and use all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Hey! Lemonade permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Hey! Lemonade’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 Hey! Lemonade’s Trust & Safety policies, Restricted Topics policy, and other content quality standards or policies prescribed by Hey! Lemonade from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to Hey! Lemonade’s approval, which we may grant or deny at our sole discretion.
We reserve the right to remove content, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
- Content falls below our quality standards or has a negative impact on the student experience;
- An instructor engages in behavior that might reflect unfavourably on Hey! Lemonade or bring Hey! Lemonade into public disrepute, contempt, scandal, or ridicule;
- An instructor engages the services of a marketer or other business partner who violates Hey! Lemonade’s policies;
- An instructor uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates Hey! Lemonade’s policies; or
- As determined by Hey! Lemonade at its sole discretion.
3.2 Co-Instructors and Teaching Assistants
The Hey! Lemonade platform allows you to add other users as co-instructors or teaching assistants for Submitted Content that you manage, and you are required to comply with our Co-Instructor Relationship Rules and Guidelines when taking such actions. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your Hey! Lemonade account and Submitted Content. Violations of Hey! Lemonade’s terms and policies by your co-instructor or teaching assistant may also impact your Hey! Lemonade account and Submitted Content.
Hey! Lemonade does not advise on any questions or mediate any disputes between you and such users, though we may offer this as a paid service to Hey! Lemonade Instructors. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share.
3.3 Relationship to Other Users
Unless otherwise granted by the student or through other Hey! Lemonade services, including the Hey! Lemonade Coach Directory, Instructors do not have a direct contractual relationship with students. The only information you’ll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Hey! Lemonade platform, and that you won’t solicit additional personal data or store students’ personal data outside the Hey! Lemonade platform. You agree to indemnify Hey! Lemonade against any claims arising from your use of students’ personal data.
4.1 Price Setting
When creating Submitted Content available for purchase on Hey! Lemonade, you will be prompted to select a base price (“Base Price“) for your Submitted Content from a list of available price tiers. Alternatively, you may choose to offer your Submitted Content for free. As a member of a paid tier of the Hey! Lemonade Coach Directory, you will also be given the opportunity to participate in certain promotional programs under the terms of our Promotions Policy (“Promotional Programs“).
If you do not opt to participate in any Promotional Programs, we will list your Submitted Content for the Base Price or the closest local or mobile app equivalent (as detailed below). If you opt to participate in a Promotional Program, we may set a different discounted price or list price for your Submitted Content as described in the Promotions Policy.
When a student purchases using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the student’s applicable currency using a system-wide foreign currency conversion rate set by subsidiaries of Hey! Lemonade and fixed periodically into a table of corresponding price tiers by currency (“Price Tier Matrix“). Since the Price Tier Matrix is fixed, those conversion rates may not be identical to the applicable market rate in effect when a transaction is processed. We reserve the right to update the Price Tier Matrix at any time. The Price Tier Matrix and additional information on Hey! Lemonade’s pricing tiers are available here.
When a student purchases through a mobile application, the mobile platform provider’s pricing matrix will control, and we will choose the price tier closest to the applicable Base Price or Promotional Program price. Because mobile platforms impose their own currency conversion rates, conversions for mobile app prices may not match the conversions in the Price Tier Matrix.
You give us permission to share your Submitted 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 Submitted Content. You understand that you will not receive compensation in these cases.
4.2 Transaction Taxes
If a student purchases a product or service in a country that requires Hey! Lemonade 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 increase the sale price at our discretion where we determine that such taxes may be due. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple’s App Store or Google Play).
5.1 Revenue Share
When a student purchases your Submitted Content, we calculate the gross amount of the sale as the amount actually received by Hey! Lemonade from the student (“Gross Amount“). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile provider checkout sales (15-30%), a 3% service and processing fee (except in Japan, where we subtract a 4% fee) for any non-mobile provider checkout sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale (“Net Amount“).
If you have not opted into any of Hey! Lemonade’s optional Promotional Programs, and except for sales through instructor-generated coupon codes or course referral links as described below, your revenue share will be 95% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.
If you opt into any of the Promotional Programs, the relevant revenue share may be different and will be as specified in the Promotions Policy.
Hey! Lemonade makes all instructor payments in Canadian dollars (CAD) regardless of the currency with which the sale was made. Hey! Lemonade 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 CAD).
******5.2 Instructor Coupons and Course Referral Links******
The Hey! Lemonade platform allows you to generate coupon codes and referral links to offer certain items of your Submitted Content to students at a discount, at Hey! Lemonade’s current price, or for free, as permitted within the Services. These coupon codes and referral links are subject to limits, and you may not sell them on third-party websites or otherwise offer them in exchange for compensation. Additional information and restrictions on these coupon codes and referral links are outlined in our Trust & Safety policies.
5.3 Receiving Payments
For us to pay you in a timely manner, you must own a PayPal account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.
As an instructor, you are responsible for determining whether you are eligible to be paid by a Canadian company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor’s Submitted Content.
While you are a published instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.
- Only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
- Only use our trademarks in connection with the promotion and sale of your Submitted Content available on Hey! Lemonade or your participation in the Hey! Lemonade Coach Directory; 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 Submitted Content or services; or
- Use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
7. Deleting Your Account
To delete your account, please send an email to firstname.lastname@example.org with subject line “Delete Lemonade Account”. We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously enrolled in your Submitted Content, your name and that Submitted Content may remain accessible to those students after your account is deleted.
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 Hey! Lemonade reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
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.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Hey! Lemonade), 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
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 Services.