Terms of Educators
In the context of your registration as an Educator (Event organizer) on the TONE TERRACE platform, you commit to adhering to these Terms of Educators ("Terms"). These Terms encompass details relevant to Educators concerning the TONE TERRACE platform and are incorporated by reference into our Terms of Use, i.e., the general conditions governing your use of our services. All terms not defined in these Terms have the meanings as defined in the Terms of Use.
As an Educator, you are a direct contracting party with TONE TERRACE GmbH (a company based in Vienna, Austria), regardless of whether another TONE TERRACE subsidiary is responsible for processing your payments.
1. Responsibilities of Educators
You, as an Educator, are responsible for all the content you publish, including live lectures, masterclasses, Courses, Coaching, workshops, etc. ("Submitted Content").
You ensure and warrant the following:
- ou are the owner of your Submitted Content or possess all necessary licenses, rights, consents, approvals, and authorizations to authorize TONE TERRACE, in accordance with these Terms and Conditions, to use your Submitted Content.
- Your Submitted Content does not, in any way, infringe or impair the intellectual property rights of third parties.
- You have the necessary qualifications, credentials, and expertise (including required education, training, and skills) to provide instruction and deliver the services offered within the scope of your Submitted Content and the use of the services.
- The quality of your services complies with the standards of your industry and the standards of educational services in general.
You further assure:
- You will not publish any inappropriate, offensive, racist, inflammatory, sexist, pornographic, false, misleading, erroneous, legally offensive, defamatory, or libelous content or corresponding information.
- You will not post or transmit unsolicited or unauthorized advertisements, promotional materials, unwanted or spam messages, or any other solicitations (commercial or otherwise) within the framework of these services for users.
- You will use the services exclusively for providing training, instruction, and educational services for your course/learning content participants.
- You will refrain from activities that would cause TONE TERRACE to acquire licenses from third parties or pay license fees to them, such as license fees for the public performance of musical works or recordings.
- You will not impersonate another person or gain unauthorized access to another person's account.
- You will not disrupt, impede, or otherwise prevent other Educators from delivering their services or publishing content.
- You will refrain from any misuse of TONE TERRACE resources, including support services.
2. License to TONE TERRACE
You grant TONE TERRACE the right, as detailed in the Terms of Use, to offer, market, and otherwise utilize your Submitted Content, and to provide it to participants under a sublicense directly or through third parties for the stated purposes. This also includes the right to add subtitles or make content adjustments to ensure accessibility.
Unless otherwise agreed (including within our promotional guidelines), you have the right to remove your Submitted Content in its entirety or in part from our services at any time. Unless specified otherwise, the right outlined in this section for TONE TERRACE to sublicense the rights to new users expires 60 days after the removal of the Submitted Content. However, any rights granted to participants before the removal of the Submitted Content, in accordance with the terms of their respective licenses (including the granting of lifelong access), will continue, and TONE TERRACE's right to use the relevant Submitted Content for marketing purposes will also remain valid post-termination.
We are permitted to record and use the entirety or any parts of your Submitted Content for quality control purposes and for the provision, demonstration, and operation of the services, as well as related marketing and promotional activities. You grant TONE TERRACE permission to use your name, image, photo, or voice in connection with the offering, provision, marketing, promotion, demonstration, and sale of the services, your Submitted Content, or TONE TERRACE's content.
3. Trust & Safety - TONE TERRACE
3.1 Trust & Safety - TONE TERRACE Policies
You commit to complying with the Trust & Safety policies and TONE TERRACE's policy on prohibited topics, as well as other quality standards for learning content or guidelines that TONE TERRACE may establish from time to time. You should regularly review these policies to ensure compliance with any updates that may be made. You acknowledge that your use of the services is subject to approval by TONE TERRACE, and such approval is granted or denied solely at our discretion.
We reserve the right, without prior notice, to remove content, cease payments, and/or block Educators for various reasons at any time, including but not limited to:
- An Educator or content not complying with our policies or legal terms (including the Terms of Use);
- Content not meeting our quality standards or having negative impacts on the participant experience.
- Educator behavior that could cast TONE TERRACE in a negative light, lead to public disrepute, be involved in a scandal, or be ridiculed.
- Engagement of a marketer or other business partner by an Educator who violates TONE TERRACE's policies.
- Use of the services by an Educator in a manner constituting unfair competition, such as promoting their business outside the website against TONE TERRACE's policies; or
- Any other case specified by TONE TERRACE at its discretion.
3.2 Relationship with Other Users
Educators do not maintain a direct contractual relationship with participants, and therefore, the only information you receive about participants is that provided through the services. You commit to using the data provided to you solely for the provision of your services to those participants on the TONE TERRACE platform and ensure not to request additional personal data or store participants' personal data outside the TONE TERRACE platform. You agree to indemnify TONE TERRACE against any claims or demands arising from your use of participants' personal data.
3.3 Anti-Piracy Measures
In the interest of protecting your content from unauthorized use, we collaborate with anti-piracy product providers. To enable this protection, you hereby appoint TONE TERRACE and our anti-piracy providers as your representatives to enforce the copyrights for any content you create through notifications and cease-and-desist orders (in accordance with applicable copyright laws such as the Digital Millennium Copyright Act) and undertake other efforts to enforce these rights. You grant TONE TERRACE and our anti-piracy providers primary authority to submit notifications on your behalf for the purpose of enforcing your copyright interests.
You agree that TONE TERRACE and our anti-piracy providers retain the aforementioned rights unless you revoke them.
4. Pricing
4.1 Pricing Determination
When creating Events offered for purchase on TONE TERRACE, you will be prompted to specify a base price.
If a participant uses a foreign currency for the purchase, we convert the relevant base price using a system-wide exchange rate set by TONE TERRACE, which is regularly updated and fixed in a table of price tiers ("Price Tier Table") listed by currency. As the Price Tier Table consists of predetermined values, the exchange rates listed therein may not correspond to market rates at the time of the transaction. Therefore, we reserve the right to update the Price Tier Table at any time.
4.2 Transaction Taxes
If a participant purchases a product or service in a country where, under applicable law, TONE TERRACE is obligated to pay sales or value-added taxes, or other comparable transaction taxes ("Transaction Taxes") at the state or local level, we will collect and transfer these Transaction Taxes to the relevant tax authorities for the respective transactions. If we determine the due date for such taxes, we reserve the right, at our discretion, to increase the sale price accordingly. For purchases made through mobile apps, any applicable Transaction Taxes will be collected by the respective mobile platform (such as Apple's App Store or Google Play).
5. Payments
5.1 Revenue Share
When a participant purchases your Submitted Events, such as Live Lectures or Masterclasses, we calculate the gross amount of the sale as the actual amount received by TONE TERRACE from the participant ("Gross Amount"). From this amount, we deduct any transaction taxes, such as those for Stripe, along with a service and processing fee of 10% for sales, to calculate the net amount of the sale ("Net Amount").
All payments to Educators will be made by TONE TERRACE in EURO, regardless of the currency of the sale. TONE TERRACE is not responsible for your currency conversion and transfer fees or any other processing fees you may incur. In your revenue report, the sale price (in local currency) and the amount of your revenue after conversion (in EURO) will be displayed accordingly.
5.2 Receipt of Payments
You must have a bank account with good standing and provide us with accurate email information to facilitate timely payments to you.
You agree that we have the right to deduct and withhold any applicable taxes from the payments made to you. If we do not receive correct identity information from you, we reserve the right to withhold payments. You acknowledge and agree that you are responsible for paying all taxes on your earnings.
Payments will be made within 30 days after (a) we have received the fee for the relevant learning content and (b) the corresponding learning content has been consumed and completed.
5.3 Refunds
You acknowledge and agree that participants, as outlined in the Terms of Use, have the right to a refund. Educators will not receive any compensation from transactions for which a refund has been granted according to the Terms of Use. If a participant requests a refund after we have already made the corresponding payment to the Educator, we reserve the right to either (1) deduct the amount of the refund from the next payment to that Educator, or (2) if no further payments are due to that Educator or the payment amounts are insufficient to cover the refunded amounts, require the Educator to reimburse any amounts refunded to the participant for the Educator's Submitted Content.
6. Trademark- TONE TERRACE
As an Educator with one or more published learning contents, while you are subject to the obligations below, you are allowed to use our trademarks in cases where we grant you the appropriate permission.
You are obligated to:
- Use our trademarks exclusively in connection with the marketing and sale of your Submitted Content or your participation at TONE TERRACE; and
- Cease such usage promptly upon our request.
You are not allowed to:
- Use our trademarks in a misleading or disparaging manner;
- Use our trademarks in a way that implies we endorse, sponsor, or approve of your Submitted Content or services; or
- Use our trademarks in a manner that violates applicable laws or is associated with obscene, offensive, or illegal topics or content.
7. Deletion of Your Account
We will make reasonable efforts within industry standards to settle any outstanding payments due to you before the deletion of the account.
If you need assistance, you can reach out to us.
8. Other Legal Provisions
8.1 Updating of these Terms.
We may update these terms occasionally to outline our procedures or to explain new or modified procedures (such as with the introduction of new features). TONE TERRACE reserves the right to change these terms at any time at its discretion. If we make material changes to these terms, we will notify you through appropriate means such as sending an email to the email address provided in your account or posting a notice in our services. Changes take effect on the date of their publication unless otherwise specified.
By continuing to use our services after the effective date of changes, you agree to the relevant modifications. All amended terms replace any prior terms.
8.2 Relationship Between Us
You and we agree that there is no joint venture, partnership, employment, employer/employee, or agency relationship between us.
9. Contact
It is best to contact us to office@toneterrace.com ; We look forward to receiving your questions, concerns, and feedback on our services.