This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
Who we are?
Mittsure Technologies LLP [MTL] is a leading Ed Tech company, incorporated in India, for impairing learning School automation, books publications and digital learning platform to provide various services such as online/offline videos , ERP modules, tech solutions, online classes, retail logins etc. We deal in feature rich tablet with Smart Learning Application for accessing digital content & videos for respective class/medium/board. We also offer online classes with interactive session. We also offer Book Sets as per board/medium from Nursery to 8Th class on our E-com platform.
Your utilization of the Website, Application, or administrations regarding the Application, Website or items (‘Services’), or enlistments with us through any modes or use of any item will imply your acknowledgment of this Policy and your consent to be lawfully limited by something very similar.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, enter details, subscribe to any plan, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
How we use collected information
We may collect and use Users personal information for the following purposes:
- – To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- – To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- – To improve our Site
We may use feedback you provide to improve our products and services.
- – To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- – To run a promotion, contest, survey or other Site feature
To send User’s information they agreed to receive about topics we think will be of interest to them.
- – To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing personal information with your prior consent
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
We may disclose Information
As required by law, such as similar legal process to enforce applicable ToU, including investigation of potential violations thereof when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this Policy to protect against imminent harm to the rights, property or safety of the Application/Website/ Think and Learn Private Limited or its users or the public as required or permitted by law; with third party service providers in order to personalize the Application/Website/Services/products for a better user experience and to perform behavioural analysis.
How Long Do We Retain User Data?
Currently, we plan to retain user data while an account is active and for at least three years afterward. We may alter this practice according to legal and business requirements. For example, we may lengthen the retention period for some data if needed to comply with law or voluntary codes of conduct. Unless otherwise prohibited, we may shorten the retention period for some types of data if needed to free up storage space.
- When you send an email or other communication to us, we may retain those communications in order to process your inquires, respond to your requests and improve our services.
- We also provide alerts or messages to groups vis web/mobile app or SMS to the registered customers through your school/partners with Mittsure platform up to 10,000 SMS pack available on complementary basis (annually)
Web browser cookies
Jurisdiction of court
Contact Information: Grievance Officer
Our helpdesk team shall overtake all the reasonable efforts to address your queries at the earliest possible opportunity. Contact us at:
Name of Grievance Officer : Ms. Ritika Maheshwari Contact Number : +91 83067-77601
E-mail id : email@example.com
1. What Data We Get
We collect certain data from you directly, like information you enter yourself, data about your consumption of content, and data from third-party platforms you connect with Mittlearn. We also collect some data automatically, like information about your device and what parts of our Services you interact with or spend time using. All data listed in this section is subject to the following processing activities: collecting, recording, structuring, storing, altering, retrieving, encrypting, pseudonym zing, erasing, combining, and transmitting.
1.1 Data You Provide to Us
We may collect different data from or about you depending on how you use the Services. Below are some examples to help you better understand the data we collect under our terms.
When you create an account and use the Services, including through a third-party platform, we collect any data you provide directly, including:
|Category of Personal Data||Description||Legal Basis for Processing|
|Account Data||In order to use certain features (like accessing content), you need to create a user account, which requires us to collect and store your email address, password, and account settings. To create an instructor account, we collect and store your name, email address, password, and account settings. As you use certain features on the site, you may be prompted to submit additional information including occupation, government ID information, and verification photo, date of birth, race/ethnicity, skill interests, and phone number. Upon account creation, we assign you a unique identifying number.||Performance of contractLegitimate interests (service provisioning, identity verification, fraud prevention and security, communication)|
|Profile Data||You can also choose to provide profile information like a photo, headline, biography, language, website link, social media profiles, country, or other data. Your Profile Data will be publicly viewable by others.||Performance of contractLegitimate interests (enhanced platform functionality, convey content source information)|
|Shared Content||Parts of the Services let you interact with other users or share content publicly, including by uploading courses and other educational content, posting reviews about content, asking or answering questions, sending messages to students or instructors, or posting photos or other work you upload. Such shared content may be publicly viewable by others depending on where it is posted.||Performance of contractLegitimate interests (service provisioning, enhanced platform functionality)|
|Learning Data||When you access content, we collect certain data including which courses, assignments, labs, workspaces, and quizzes you’ve started and completed; content and subscription purchases and credits; subscriptions; completion certificates; your exchanges with instructors, teaching assistants, and other students; and essays, answers to questions, and other items submitted to satisfy course and related content requirements.||Performance of contractLegitimate interests (service provisioning, enhanced platform functionality)|
|Student Payment Data||If you make purchases, we collect certain data about your purchase (such as your name, billing address, and ZIP code) as necessary to process your order and which may optionally be saved to process future orders. You must provide certain payment and billing data directly to our payment service providers, including your name, credit card information, billing address, and ZIP code. We may also receive limited information, like the fact that you have a new card and the last four digits of that card, from payment service providers to facilitate payments. For security, Mittlearn does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.||Performance of contractLegal obligationLegitimate interests (payment facilitation, fraud prevention and security, compliance)|
|Data About Your Accounts on Other Services||We may obtain certain information through your social media or other online accounts if they are connected to your Mittlearn account. If you log in to Mittlearn via Facebook or another third-party platform or service, we ask for your permission to access certain information about that other account. For example, depending on the platform or service we may collect your name, profile picture, account ID number, login email address, location, physical location of your access devices, gender, birthday, and list of friends or contacts. Those platforms and services make information available to us through their APIs. The information we receive depends on what information you (via your privacy settings) or the platform or service decide to give us. If you access or use our Services through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.||Legitimate interests (identity verification, user experience improvement)|
The data listed above is stored by us and associated with your account.
1.2 Data We Collect through Automated Means
When you access the Services (including browsing content), we collect certain data by automated means, including:
|Category of Personal Data||Description||Legal Basis for Processing|
|System Data||Technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types.||Performance of contractLegitimate interests (service provisioning, customer and technical support, fraud prevention and security, communication, product improvement)|
|Usage Data||Usage statistics about your interactions with the Services, including content accessed, time spent on pages or the Service, pages visited, features used, your search queries, click data, date and time, referrer, and other data regarding your use of the Services.||Legitimate interests (service provisioning, user experience improvement, product improvement)|
|Approximate Geographic Data||An approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.||Legitimate interests (user experience improvement, fraud prevention and security, compliance)|
The data listed above is collected through the use of server log files and tracking technologies, as detailed in the “Cookies and Data Collection Tools” section below. It is stored by us and associated with your account.
1.3 Data from Third Parties
If you are a Mittlearn Business enterprise or corporate prospect, in addition to information you submit to us, we may collect certain business contact information from third-party commercial sources.
2. How We Get Data about You
We use tools like cookies, web beacons, and similar tracking technologies to gather the data listed above. Some of these tools offer you the ability to opt out of data collection.
2.1 Cookies and Data Collection Tools
2.2 Why We Use Data Collection Tools
Mittlearn uses the following types of Data Collection Tools for the purposes described:
- Strictly Necessary: These Data Collection Tools enable you to access the site, provide basic functionality (like logging in or accessing content), secure the site, protect against fraudulent logins, and detect and prevent abuse or unauthorized use of your account. These are required for the Services to work properly, so if you disable them, parts of the site will break or be unavailable.
- Functional: These Data Collection Tools remember data about your browser and your preferences, provide additional site functionality, customize content to be more relevant to you, and remember settings affecting the appearance and behaviour of the Services (like your preferred language or volume level for video playback).
- Performance: These Data Collection Tools help measure and improve the Services by providing usage and performance data, visit counts, traffic sources, or where an application was downloaded from. These tools can help us test different versions of Mittlearn to see which features or content users prefer and determine which email messages are opened.
- Advertising: These Data Collection Tools are used to deliver relevant ads (on the site and/or other sites) based on things we know about you like your Usage and System Data (as detailed in Section 1), and things that the ad service providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services. To help deliver tailored advertising, we may provide these service providers with a hashed, anonymized version of your email address (in a non-human-readable form) and content that you share publicly on the Services.
- Social Media: These Data Collection Tools enable social media functionality, like sharing content with friends and networks. These cookies may track a user or device across other sites and build a profile of user interests for targeted advertising purposes.
3. What We Use Your Data For
We use your data to do things like provide our Services, communicate with you, troubleshoot issues, secure against fraud and abuse, improve and update our Services, analyse how people use our Services, serve personalized advertising, and as required by law or necessary for safety and integrity. We retain your data for as long as it is needed to serve the purposes for which it was collected.
We use the data we collect through your use of the Services to:
- Provide and administer the Services, including to facilitate participation in educational content, issue completion certificates, display customized content, and facilitate communication with other users (Account Data; Shared Content; Learning Data; System Data; Usage Data; Approximate Geographic Data);
- Process payments to instructors and other third parties (Student Payment Data; Instructor Payment Data);
- Process your requests and orders for educational content, products, specific services, information, or features (Account Data; Learning Data; Student Payment Data; System Data; Communications and Support);
- Communicate with you about your account by (Account Data; Shared Content; Learning Data; Sweepstakes, Promotions, and Surveys; System Data; Communications and Support):
- Responding to your questions and concerns;
- Sending you administrative messages and information, including messages from instructors, students, and teaching assistants; notifications about changes to our Service; and updates to our agreements;
- Sending you information, such as by email or text messages, about your progress in courses and related content, rewards programs, new services, new features, promotions, newsletters, and other available instructor-created content (which you can opt out of at any time);
- Sending push notifications to your wireless device to provide updates and other relevant messages (which you can manage from the “options” or “settings” page of the mobile app);
- Manage your account and account preferences and personalize your experience (Account Data; Learning Data; Student Payment Data; Instructor Payment Data; System Data, Usage Data, Cookie Data);
- Facilitate the Services’ technical functioning, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse (Account Data; Student Payment Data; Instructor Payment Data; Communications and Support; System Data; Approximate Geographic Location);
- Verify the identity of instructors (Account Data; Instructor Payment Data);
- Solicit feedback from users (Account Data; Communications and Support);
- Market products, services, surveys, and promotions (Account Data; Learning Data; Sweepstakes, Promotions, and Surveys; Usage Data; Cookie Data);
- Market Subscription Plans to prospective customers (Account Data; Learning Data; Cookie Data);
- Learn more about you by linking your data with additional data through third-party data providers and/or analysing the data with the help of analytics service providers (Account Data; Data About Your Accounts on Other Services; Usage Data; Cookie Data);
- Identify unique users across devices (Account Data; System Data; Cookie Data);
- Tailor advertisements across devices (Cookie Data);
- Improve our Services and develop new products, services, and features (all data categories);
- Analyze trends and traffic, track purchases, and track usage data (Account Data; Learning Data; Student Payment Data; Communications and Support; System Data; Usage Data; Approximate Geographic Data; Cookie Data);
- Advertise the Services on third-party websites and applications (Account Data; Cookie Data);
- As required or permitted by law (all data categories); or
- As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services (all data categories).
4. Who We Share Your Data With
We share certain data about you with instructors, other students, companies performing services for us, Mittlearn affiliates, our business partners, analytics and data enrichment providers, your social media providers, companies helping us run promotions and surveys, and advertising companies who help us promote our Services. We may also share your data as needed for security, legal compliance, or as part of a corporate restructuring. Lastly, we can share data in other ways if it is aggregated or de-identified or if we get your consent.
- With Your Instructors: We share data that we have about you (except your email address) with instructors or teaching assistants for educational content you access or request information about, so they can improve their content for you and other students. This data may include things like your country, browser language, operating system, device settings, the site that brought you to Mittlearn, and certain activities on Mittlearn, like enrolled courses and course review. We will not share your email address with instructors or teaching assistants. (Account Data; System Data; Usage Data; Approximate Geographic Data)
- With Other Students and Instructors: Depending on your settings, your shared content and profile data may be publicly viewable, including to other students and instructors. If you ask a question to an instructor or teaching assistant, your information (including your name) may also be publicly viewable. Note that within Copyright Open, all chat rooms, message boards, news groups, or other public forums available to participants are publicly visible to other participants, so you shouldn’t post any confidential or proprietary information through those features. (Account Data; Profile Data; Shared Content)
- With Service Providers, Contractors, and Agents: We share your data with third-party companies who perform services on our behalf, like payment processing, fraud and abuse prevention, data analysis, marketing and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service. (All data categories)
- With Mittlearn Affiliates: We may share your data within our corporate family of companies that are related by common ownership or control to enable or support us in providing the Services. (All data categories)
- With Business Partners: We have agreements with other websites and platforms to distribute our Services and drive traffic to Mittlearn. Depending on your location, we may share your data with these trusted partners. (Account Data; Learning Data; Communications and Support; System Data)
- With Credit-Granting Organizations for Continuing Education: If you take a course to fulfil a continuing professional education requirement, we may share that information upon request of the organization granting the continuing education credit. (Account Data; Learning Data)
- With Analytics and Data Enrichment Services: As part of our use of third-party analytics tools like Google Analytics and data enrichment services like ZoomInfo, we share certain contact information or de-identified data. De-identified data means data where we’ve removed things like your name and email address and replaced it with a token ID. This allows these providers to provide analytics services or match your data with publicly-available database information (including contact and social information from other sources). We do this to communicate with you in a more effective and customized manner. (Account Data; System Data; Usage Data; Cookie Data)
- To Administer Promotions and Surveys: We may share your data as necessary to administer, market, or sponsor promotions and surveys you choose to participate in, as required by applicable law (like to provide a winners list or make required filings), or in accordance with the rules of the promotion or survey. (Account Data; Sweepstakes, Promotions, and Surveys)
- For Advertising: If we decide to use an advertising-supported revenue model in the future, we may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. We may also allow advertisers to collect System Data through Data Collection Tools (as detailed in Section 2.1), to use this data to offer you targeted ad delivery to personalize your user experience (through behavioural advertising) and to undertake web analytics. Advertisers may also share with us the data they collect about you. To learn more or opt out from participating ad networks’ behavioural advertising, see Section 6.1 (Your Choices about the Use of Your Data) below. Note that if you opt out, you’ll continue to be served generic ads. (System Data)
- For Security and Legal Compliance: We may disclose your data (all data categories) to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:
- Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
- Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request;
- Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues;
- Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of Mittlearn, our users, employees, members of the public, or our Services;
- Required or permitted by law.
- During a Change in Control: If Mittlearn undergoes a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition (including during due diligence). (All data categories)
- After Aggregation/De-identification: We may disclose or use aggregated or de-identified data for any purpose.
We use appropriate security based on the type and sensitivity of data being stored. As with any internet-enabled system, there is always a risk of unauthorized access, so it’s important to protect your password and to contact us if you suspect any unauthorized access to your account.
Mittlearn takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that we collect and store. These measures vary based on the type and sensitivity of the data. Unfortunately, however, no system can be 100% secured, so we cannot guarantee that communications between you and Mittlearn, the Services, or any information provided to us in connection with the data we collect through the Services will be free from unauthorized access by third parties. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact our termsSupport Team with any concerns.
6. Your Rights
You have certain rights around the use of your data, including the ability to opt out of promotional emails, cookies, and collection of your data by certain third parties. You can update or terminate your account from within our Services, and can also contact us for individual rights requests about your personal data. Parents who believe we’ve unintentionally collected personal data about their underage child should contact us for help deleting that information.
6.1 Your Choices about the Use of Your Data
You can choose not to provide certain data to us, but you may not be able to use certain features of the Services.
- To stop receiving promotional communications from us, you can opt out by using the unsubscribe mechanism in the promotional communication you receive or by changing the contextemail preferences in your account. Note that regardless of your email preference settings, we will send you transactional and relationship messages regarding the Services, including administrative confirmations, order confirmations, important updates about the Services, and notices about our policies.
- If you’re located in the European Economic Area, you may opt out of certain Data Collection Tools by clicking the “Cookie settings“.
- The browser or device you use may allow you to control cookies and other types of local data storage. To learn more about managing cookies, visit termshttps://cookiepedia.co.uk/how-to-manage-cookies. Your wireless device may also allow you to control whether location or other data is collected and shared.
- To get information and control cookies used for tailored advertising from participating companies, see the consumer opt-out pages for the Network Advertising Initiative and Digital Advertising Alliance, or if you’re located in the European Economic Area, visit the googleYour Online Choices site. To opt out of allowing Google Analytics, Mixpanel, ZoomInfo, or Clearbit to use your data for analytics or enrichment
- Apple iOS, Android OS, and Microsoft Windows each provide their own instructions on how to control in-app tailored advertising. For other devices and operating systems, you should review your privacy settings on that platform.
If you have any questions about your data, our use of it, or your rights, contact us at firstname.lastname@example.org@Mittlearn.com.
6.2 Accessing, Updating, and Deleting Your Personal Data
You can access and update your personal data that Mittlearn collects and maintains as follows:
- To update data you provide directly, log into your account and update your account at any time.
- To terminate your account:
- If you are a student, visit your profile settings page and follow the steps detailed termshere.
- If you are an instructor, follow the steps detailed termshere.
- If you have any issues terminating your account, please contact our Support Team.
- To request to access, correct, or delete your personal data, please use our online form termshere. You can also submit these requests by emailing info@Mittlearn.com or writing to us at Mittlearn, Attn: Privacy/Legal Team, B-121, Mangal Marg, Bapu Nagar, Jaipur (Raj.). Please allow up to 30 days for a response. For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify your identity before implementing your request. Please note that we retain certain data where we have a lawful basis to do so, including for mandatory record-keeping and to complete transactions.
6.3 Our Policy Concerning Children
We recognize the privacy interests of children and encourage parents and guardians to take an active role in their children’s online activities and interests. Individuals younger than 18 years of age, but of the required age for consent to use online services where they live (for example, 13 in the US or 16 in Ireland), may not set up an account, but may have a parent or guardian open an account and help them access appropriate content. Individuals younger than the required age for consent to use online services may not use the Services. If we learn that we’ve collected personal data from a child under those ages, we will take reasonable steps to delete it.
Parents who believe that Mittlearn may have collected personal data from a child under those ages can submit a request that it be removed to info@Mittlearn.email@example.com
7. Jurisdiction-Specific Rules
If you live in India, you have certain rights related to accessing and deleting your data, as well as learning who we share your data with. Users outside of the India should note that we transfer data to the US and other areas outside of the European Economic Area.
7.1 Users in the European Economic Area (“EEA”) and United Kingdom (“UK”)
If you are located in the EEA or UK, you have the right to request access to your data in a portable format and to request the rectification, erasure, restriction of processing, or objection to processing of your personal data. You also have the right to obtain a free copy of the Standard Contractual Clauses referenced in Section 7.5. You may use the information in Section 6.2 to submit your request. Additionally, if you are located in the EEA, UK, or Switzerland, you also have the right to lodge a complaint with your supervisory authority.
Personal data is also processed outside of the UK, Switzerland, and the EEA by our Mittlearn group companies, or our service providers, including to process transactions, facilitate payments, and provide support services as described in Section 4. We use the Controller-to-Processor Standard Contractual Clauses adopted by the European Commission to facilitate transfers of personal data from the EEA to third countries and have entered into data processing agreements with our service providers and Mittlearn group companies to restrict and regulate their processing of your data. By submitting your data or using our Services, you consent to this transfer, storage, and processing by Mittlearn and its processors.
7.2 Users Outside of the INDIA
In order to provide the Services to you, we must transfer your data to the India and process it there. If you are using the Services from outside the India, you consent to the transfer, storage, and processing of your data in and to the India or other countries.
8. Updates & Contact Info
When we make a material change to this policy, we’ll notify users via email, in-product notice, or another mechanism required by law. Changes become effective the day they’re posted. Please contact us via email or postal mail with any questions, concerns, or disputes.
Intellectual Property Policy
This Intellectual Property Policy was last updated on September 12, 2022.
Mittlearn is a technology platform that enables anyone anywhere to create and share educational content. We host hundreds and thousands of courses on our online learning marketplace. Our marketplace model means we don’t review or edit the content for legal issues, and we aren’t in a position to determine the legality of the content. However, Mittlearn respects the intellectual property rights of others and expects instructors on Mittlearn to do the same. When instructors post content on Mittlearn, they make the promise that they have the necessary authorization or rights to use that content.
Infringing activity is not tolerated on or through our platform.
This policy addresses what we do in the event of copyright takedown notices from content owners and trademark takedown notices from trademark owners with respect to the content on the Mittlearn platform. The policy also addresses what we do when Mittlearn instructors’ courses are copied on third-party platforms without their consent.
Copyright Takedown Notices
Mittlearn’s policy is to remove content from our service when it is reported as infringing in a copyright takedown notice received from the owner of the original content. It’s also our policy to remove all content from any instructor who’s determined to be a repeat infringer (for whom Mittlearn has received more than two valid copyright takedown notices). We reserve the right to terminate an instructor’s account at any time, including when they post content in violation of the copyrights of others.
How to File a Copyright Takedown Notice
If you’d like to report content on the Mittlearn platform and if you are the owner or the designated agent of the owner of the rights to the content that you believe the content is infringing, the most efficient way is to use this copyright complaint form (form in English only). You may also submit notices of alleged copyright infringement to our designated copyright agent, identified below.
Before you submit a copyright takedown notice, please remember these important things:
- We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. This is because we have no way of knowing whether the instructor who published the content you are reporting has received proper permission from the owner to use the content. We’ll ask you to provide an electronic signature to confirm that you’re the copyright owner or have authority to represent the copyright owner (including if the copyright owner is an organization). If you don’t own the content that you’re reporting, you’re welcome to reach out to the owner and provide them with Mittlearn’s termscopyright complaint form.
- Knowingly submitting a false or misleading copyright takedown notice is illegal and you could be held liable and have to pay damages as a result. Mittlearn reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.
- Consider whether the use of your material in the content is “fair use.” Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Before you submit a copyright claim, make sure that use of the copied content does not qualify as fair use. Fair use covers things like criticism, commentary, news reporting, and research. In considering whether the content’s use of your material qualifies as fair use, you should look at:
- The purpose of the use (whether the content is paid or unpaid, whether the content critiques/parodies/transforms your material)
- The type of copyrighted work being used (whether your work is factual or creative)
- The portion being used (whether the content uses small, necessary excerpts of your material or substantial portions of it)
- The effect on the market for your material (whether potential buyers would purchase the content instead of your material)
- There are types of content that aren’t protected by copyright. Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the copied content is indeed protected by copyright. If you need to report a trademark violation, please follow the steps outlined in the How to Submit a Trademark Takedown Notice section below.
- Your copyright claim has to be sufficiently substantiated for us to be able to address it. This means:
- You provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number;
- If you’re filing a notice on behalf of an organization, you include the name of the organization and your relationship to the organization;
- You precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you provide a sufficiently representative list of such original material (such as a URL where the material is located);
- You provide sufficient information for us to locate the reportedly infringing content on the Mittlearn platform (the URL on our website and the exact name of the course and instructor); and
- You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner’s behalf and I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.
If we receive a valid copyright takedown notice, we’ll send a copy of that notice to the instructor who posted the reported content along with a notification that: (1) the content was reported for copyright infringement and (2) we’re removing the content from the Mittlearn platform. We’ll also attach a form that the instructor can fill in and send back to us to submit a counter-notification. If your content has been reported for copyright infringement and removed from the Mittlearn platform, and if you believe we made a mistake or that you have permission from the owner of the reported content to use such content, then you may send us a counter-notification.
Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and you could be held liable and have to pay damages as a result. Mittlearn reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter-notification in violation of the law.
The best way to provide us with a counter-notification is to fill in the form we provided you and send it back to the Mittlearn designated agent or the copyright team member who notified you. To be effective, a counter-notification must be in writing and include the following information:
- Your physical or electronic signature;
- Your name, address, and email address or telephone number;
- Identification of the content that was removed and the location (URL) at which it appeared before it was removed (you can access this information from the copyright takedown notice filed against your content; we always attach a copy when we notify you);
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- A statement that you consent to: (i) Mittlearn sharing your name and contact information with the claimant; (ii) receiving service of process for any legal action by the claimant or an agent of the claimant; and (ii) accepting the jurisdiction of the federal district court for the judicial district in which you reside (if in the INDIA), or if you reside outside of the INDIA, the jurisdiction of the India High Court (headquarters of Mittlearn).
Trademark Takedown Notices
Mittlearn’s policy is to remove content from our platform when it’s reported and found to be infringing a third-party trademark. If you’re a trademark owner or a trademark owner’s authorized representative, you may submit trademark takedown notices to Mittlearn. Mittlearn reserves the right to terminate an instructor’s account at any time, including when they post content in violation of the trademark rights of another from its marketplace.
How to Submit a Trademark Takedown Notice
The fastest and easiest way to submit a trademark takedown notice to us is to use this trademark complaint form. Please note that a copy of your notice will be sent to the uploader of the content you are reporting.
Before you submit a trademark takedown notice, please remember these important things:
- Your trademark claim has to be sufficiently substantiated for us to be able to address it. This means your communication must include substantially the following:
- Your complete contact information (full name, mailing address, and email or phone number);
- The specific word, symbol, etc. for which you claim trademark rights;
- The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable;
- The country or jurisdiction in which you claim trademark rights;
- The category of goods and/or services for which you assert rights;
- Precise location(s) in the reported course URL(s) where your registered trademark can be found;
- A description of how you believe this content infringes your trademark;
- If you are not the rights holder, an explanation of your relationship to the rights holder;
- The following statement: “I have a good faith belief that use of the trademark as described above in the manner complained of is not authorized by the trademark owner, its agent, or the law.”;
- The following statement: “The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.”;
- The following statement: “I agree that Mittlearn may forward my complaint, including my contact information, to the affected user; and
- Your electronic signature (“/s/” followed by your full name, e.g., “/s/ Jane Doe”) or physical signature.
- Submitting a false or misleading claim of infringement could result in liability for you. Mittlearn reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.
- Consider whether the use of your trademark in the content is “fair use”. Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries’ laws include an exception for “fair use”, which allows others to use a trademark for factually referencing the trademarked product or service, or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the content. Before you submit a trademark claim, make sure that use of your trademark in the content does not qualify as fair use.
Infringement of your Mittlearn Content on Third-Party Platforms
We understand that when you post and make available your content on the Mittlearn platform, you want to make sure that you won’t find that content offered on another platform without your permission. To help combat copyright infringement and piracy affecting courses of our instructors, we’ve partnered with an anti-piracy vendor to seek instances of infringement and to have them removed from most major search engines to stop traffic going forward.
In the event you find your course available on another platform without your permission, please fill out the third-party piracy reporting form so that we can pursue action.
Designated Agent Contact Information
Mittlearn’s Designated Agent for notices of reported infringement can be contacted in the following manner:
- By filling out the copyright complaint form (for copyright takedown notices only)
- By filling out the trademark complaint form (for trademark takedown notices only)
- Via Email: firstname.lastname@example.org
- Via INDIA Mail: Mittlearn, B-121, Mangal Marg, Bapu Nagar, Jaipur (Raj.) Attn: Copyright Team: email@example.com
Mittlearn API Agreement
These API Terms were last updated on September 12, 2022.
To help our instructors and affiliates get the most out of Mittlearn, we (Mittlearn) offer a set of APIs, developer tools, and associated software (together, the “APIs”). By accessing or using the APIs, you (or the company you represent) agree to be bound by the terms below, which may be updated from time to time, and by any applicable policies and guidelines (collectively, the “Terms”).
1. Registering for the APIs
1.1 Accepting the Terms. You must be at least 18 years of age to use the APIs. You may not access the APIs if you are barred from using or receiving the APIs under the applicable laws of the India or other countries, including the country in which you reside or from which you use the APIs.
1.2 Use on Entity’s Behalf. If you are using the APIs on behalf of a company or other entity, you represent and warrant that you have full legal authority to bind it to these Terms and acknowledge that all references to “you” in the Terms refer to that entity.
1.3 Updating Your Information. When you register for the APIs, we may require you to submit information about yourself. You must provide and continue to provide accurate and complete information, including a valid email address.
2. Using the APIs & API Data
2.1 Access to APIs. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable right, without the right of sublicense, to access and use the APIs to create applications, websites, or other tools using the APIs (each, an “App”). When you use the APIs, you do not acquire ownership of any rights to the APIs, nor to any data or content accessed through them (“Content”).
2.2 Permitted Uses. You will comply with all applicable laws, including laws regarding the import or export of data or software, privacy laws, and local laws. You may only access those APIs for which we provide documentation at Developer Documentation, and you will comply with all guidelines posted there. Content accessible through the APIs may be subject to intellectual property and data privacy rights. Where it is, you may not use it unless you are permitted to do so by the owner of that content or are otherwise permitted by law.
2.4 Limits and Restrictions. We set and enforce limits on your use of the APIs in our sole discretion. We may change the limits at any time by revising the Developer Documentation. You agree that you will not:
- attempt to circumvent the limitations documented in the Developer Documentation;
- create an App that is for commercial or other non-personal use (except that you may use the Affiliate API for commercial activities authorized under our Affiliate Terms & Conditions;
- create an App that recreates a core functionality of, or replaces, any Mittlearn product or service in a way that is likely to cause us reputational or financial damage;
- cache or store any personal data, as defined by applicable data privacy laws such as the European Union’s General Data Protection Regulation (GDPR);
- combine or enrich any personal data with data obtained through third-party sources;
- collect, store, or share Mittlearn account passwords;
- copy, reformat, reverse-engineer, or otherwise modify the APIs or any Mittlearn product or service; or
- Engage in any deceptive, misleading, illegal or unethical activities, or activities that otherwise may be detrimental to the APIs, Mittlearn, our users, or the public.
2.5 Sharing Apps. You will not share or sell the Apps you develop, except that you may share these Apps with co-instructors and teaching assistants for use in developing, maintaining, or supporting courses for which you are an instructor. Co-instructors and teaching assistants using your App must use their own token for authentication. You will not share any passwords, keys, tokens, secret, or other access credentials that allow you to access the APIs or Content (“Developer Credentials”).
2.6 Security. You will always use and have in effect appropriate administrative, physical, and technical safeguards that (a) meet or exceed industry standards with respect to the sensitivity of the data you are accessing; (b) are compliant with applicable laws and regulations (including data security and privacy laws and regulations), and (c) are designed to prevent unauthorized access, use, processing, storage, destruction, loss, alteration, or disclosure of personal data. You will keep confidential all Developer Credentials that we issue to you. You will work with us to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruder. If your App experiences a security deficiency or intrusion, you will coordinate with us on any public statements (e.g. press, blog posts, social media, etc.) before publishing them.
2.7 Deletion. You must immediately delete all Content if we terminate your use of the APIs, except when doing so would cause you to violate any law or obligation imposed by a governmental authority.
2.8 Monitoring. You agree that we may monitor your use of the APIs to ensure quality, improve our products and services, and verify your compliance with the Terms. You agree to assist us with this monitoring by providing us with information about your App and storage of Content, which may also include access to your App and other materials related to your use of the APIs. If you do not demonstrate full compliance with these Terms, we may restrict or terminate your access to the APIs without notice to you.
3. Rights We Reserve
At any point in the future, we reserve the right to do any of the following: charge fees for access to any of the APIs, offer or cease to offer support for the APIs, modify the APIs and require you to use those subsequent versions, require you to use the API in a different manner, deprecate any API in our sole discretion, or independently develop products or services that may serve the same purpose as your Apps.
If we determine that your use of the APIs or Developer Credentials is against the interests of us or our users, we reserve the right to deactivate any Developer Credentials you have obtained, block your IP address, or otherwise block your use of the APIs.
Any feedback, comments, or suggestions you may provide regarding Mittlearn or the APIs are entirely voluntary and non-confidential and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
5. Term & Termination
These Terms will apply for as long as you use the APIs, until terminated. You may terminate these Terms by discontinuing use of the APIs. We may suspend or terminate your use of all or any of the APIs for any reason and at any time, without liability or other obligation to you.
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API and delete any cached or stored Content.
6. Disclaimers & Limitations of Liability
6.1 Warranties. To the extent permitted by law, we provide the APIs “as-is” without warranty of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of the APIs or the Content for any purpose. We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
6.2 No Indirect Damages. To the extent permitted by law, in no event shall either party be responsible for any indirect, punitive, or consequential damages, including lost profits or business opportunities.
6.3 Limitation of Liability. If, notwithstanding these Terms, we are determined to have any liability to you or any third party, you and we agree that Mittlearn’s liability will be limited to the amount, if any, that you paid us to use the applicable APIs during the six months prior to the event giving rise to the liability.
You agree to indemnify, defend (if we so request), and hold us harmless, at your expense, against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) your use of the APIs; (b) your violation of these Terms; (c) your violation of applicable privacy laws or regulations; or (d) your violation of any rights of a third party. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defines or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defines or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
8. Miscellaneous Legal Terms
8.1 Entire Agreement; Severability. You agree that by registering for, accessing, or using the APIs, you are agreeing to enter into a legally binding contract with Mittlearn. 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. These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us. If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
8.2 Amendment; No Waiver. 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). We reserve the right to make changes to these Terms at any time in our sole discretion. 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 the day after they are posted unless stated otherwise. Your continued use of the APIs after changes become effective shall mean that you accept those changes. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
8.3 Governing Law. These Terms are governed by the laws of the India without reference to its choice or conflicts of law principles. Your venue of high and state courts in India.
8.4 Compliance with Laws. We will comply with all applicable INDIA state laws, INDIA federal laws, and international laws in our provision of the APIs. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all applicable laws in your use of the APIs and Content, including any applicable data privacy laws and export laws. You will not directly or indirectly export, re-export, or transfer the APIs or Content to prohibited countries or individuals or permit use of the APIs or Content by prohibited countries or individuals.
8.5 Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
8.6 Branding. Nothing in these Terms gives you a right to use the Mittlearn name or any of the Mittlearn trademarks, logos, domain names, and other distinctive brand features.
8.7 Notices. No action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to firstname.lastname@example.org), and shall be deemed delivered as of the date of actual receipt.
8.8 No Assignment. You may not assign or transfer these Terms (or the rights and licenses granted under them). We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
8.9 Injunctive Relief. You acknowledge that the unauthorized use or disclosure of the Content or any Developer Credentials may cause irreparable harm to us or our users. Accordingly, you agree that we will have the right to obtain an immediate injunction against any breach or threatened breach of these Terms, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.
8.10 Survival. The following sections shall survive the expiration or termination of these Terms: 2.6 (Security), 2.7 (Deletion), 3 (Rights We Reserve), 4 (Feedback), 5 (Term & Termination), 6 (Disclaimers & Limitations of Liability), 7 (Indemnification), and 8 (Miscellaneous Legal Terms).
Master Services Agreement
This Agreement was last updated on September 12, 2022.
This Master Services Agreement (“Agreement”) governs the access and use of Mittlearn Business and Mittlearn Government.
- Definitions. As used in this Agreement, the following terms have the meaning set forth below.
- “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
- “The “Copyright Offering” means an online education product that includes cohort based, synchronous and asynchronous, learning programs with certain Courses accessible through a social learning online platform that include learning services.
- “Customer” means the party entering into an Order Form with Mittlearn, or otherwise signing up to use the Services.
- “Courses” means the online courses provided by Mittlearn as part of the Services.
- The “Fees” means the amounts payable by Customer to Mittlearn for access to the Services.
- “Order Form” means the ordering document mutually executed by Mittlearn and Customer, including electronic orders submitted by Customers purchasing the Team Plan version of the Services, specifying: (1) the Fees payable by Customer to Mittlearn for provision of the Services, (2) the duration of the Services to be provided by Mittlearn to Customer, (3) the number of Users authorized to access the Services, (4) billing and payment information regarding Mittlearn’s provision of the Services to Customer, and (5) any other applicable quantity specifications regarding Customer’s purchase of the Services.
- “Personal Data” means any personal data that Customer submits into the Services.
- The “Services” means any of the following offerings that may be purchased by Customer from Mittlearn: (1) Mittlearn Business or Mittlearn Government, a platform for online education provided by Mittlearn through individual, asynchronous learning, that includes the Courses, (2) the Copyright Offering, and 3) Mittlearn Business Pro.
- “Mittlearn” means Mittlearn, or one of its Affiliates.
- “Mittlearn Business Pro” means an interactive cloud workspace containing hands-on learning labs.
- “Users” means the employees and contractors that Customer authorizes to access and use the Services.
- Provision of the Services. Mittlearn agrees to make the Services available to Customer, its Affiliates, and its Users pursuant to the terms of this Agreement, and as specified in an Order Form. Where an Affiliate enters into its own separate Order Form governed by this Agreement, then for purposes of that Order Form, the Affiliate shall be considered “Customer”. In the event Customer is purchasing a subscription to the “Team Plan” version of the Services, then Customer acknowledges and agrees that certain features generally available in the Services may not be available to Customer. If Customer is purchasing access to the Copyright Offering, then the additional, product specific, terms and conditions available here will apply. If Customer is purchasing access to Mittlearn Business Pro, then the additional, product specific, terms and conditions available here will apply.
- Customer shall not, nor shall it permit its Users to:
- Copy, distribute, create derivative works, hack, modify, or interfere with, the proper working of the Services, any of the Courses, or any third-party system made available through the Services,
- Input any inappropriate, infringing, offensive, racist, hateful, sexist, pornographic, harassing, defamatory or libellous content into the Services or instruct Mittlearn to include any such content in the Services,
- Scrape, spider, or utilize other automated means of any kind to access the Services, including but not limited to accessing API endpoints for which Customer or its Users have not been provided authorization by Mittlearn,
- Use the Services in order to build a competitive product to the Services,
- Share login access to the Services among multiple individuals, transfer a User license (except in connection with a termination of employment), or otherwise permit any party other than the Users to use the Services,
- Introduce any computer code, file, or program that may damage the Services,
- Use the Services in any manner that is unlawful or that infringes the rights of others, or
- Use Mittlearn’s APIs with any third party without prior written approval (certain third parties currently have pre-approval as provided within Mittlearn’s API documentation).
- Use the Services to transmit any unsolicited commercial communications,
- Use the Services for any purpose other than internal learning, or
- Permit any individual that is under the age of 13 years old to use the Services.
- Customer represents and warrants that neither it nor its Users are (a) located in, or a resident of, any country that is subject to applicable INDIA trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, or Syria), or (b) a person or entity who is named on any INDIA government specially designated national or denied-party list. Customer shall not permit any User to access or use the Services in a INDIA embargoed country or in violation of any INDIA export law or regulation
- Customer shall not, nor shall it permit its Users to:
- Violations of Restrictions. In the event that Mittlearn determines that Customer or any of its Users has violated the restrictions set forth in Section 3 above, Mittlearn may notify Customer of such violation and allow customer a 10 day cure period to remedy such violation. If Customer fails to cure such remediable violation, then Mittlearn may terminate or suspend access to the Services for Customer or the relevant Users. Irrespective of the cure period stated above, Mittlearn reserves the right in its sole discretion to terminate or suspend access to the Services for Customer or the relevant Users, at any time, if immediate action is required to address imminent potential harm or damages.
- Fees. Customer will pay the Fees as set forth in one or more Order Forms. Unless stated otherwise in an Order Form, all fees are payable in US dollars. Any future incremental add-on or renewal orders after the initial subscription period (as set forth in an Order Form) shall be subject to the subscription standard price in effect at time of purchase. In the event that Customer is late in making payments, then Mittlearn reserves the right to charge the greater of 1.5% interest per month or the maximum interest permitted by law, and Customer will be liable for all third-party collection costs.
- Taxes. All fees and other charges payable by Customer to Mittlearn under this Agreement are stated exclusive of all federal, state, local and foreign taxes, levies and assessments of any nature (including value-added, use or withholding taxes). Customer agrees to bear and be responsible for the payment of all such taxes, levies and assessments imposed on Customer arising out of this Agreement, excluding any tax based on Mittlearn’s income, gross receipts, business and occupation tax, and employment-related taxes. In the event that tax withholding is required, Customer will pay the required amount to the relevant governmental authority and produce a withholding tax certificate to Mittlearn while remitting the residual to Mittlearn.
- Scope of Confidentiality. Each party agrees that all code, inventions, know-how, or business, technical, and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”), constitute the confidential information of the Disclosing Party (“Confidential Information”), provided that it is either identified as confidential at the time of disclosure, or should be reasonably known by the Receiving Party to be confidential due to the nature of the information disclosed. Personal Data is considered Confidential Information. Confidential Information will not, however, include any information that: (1) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party, (2) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party through no action or inaction of the Receiving Party, (3) is already in the possession of the Receiving Party at the time of disclosure by the Discloser, (4) is obtained by the Receiving Party from a third party without a known breach of the third party’s obligations of confidentiality, or (5) is independently developed by the Receiving Party without use of or reference to the Confidential Information. The Receiving Party may disclose the Disclosing Party’s Confidential Information if required by law so long as the Receiving Party gives the Disclosing Party prompt written notice of the requirement prior to the disclosure and assistance in obtaining an order protecting the information from public disclosure.
- Non-Use and Non-Disclosure. Except as expressly authorized herein or as necessary to perform its obligations hereunder, the Receiving Party agrees to: (1) not disclose any Confidential Information to third parties, and (2) not use Confidential Information for any purpose other than as necessary to exercise its rights or perform its obligations hereunder.
- Processing of Personal Data. Notwithstanding the provisions of this section, Customer agrees that Mittlearn may process Personal Data as necessary for: (1) storage and processing in accordance with the Agreement and applicable Order Form(s); (2) processing initiated by Users in their use of the Services; and (3) processing to comply with other documented reasonable instructions provided by User (e.g. via email or support tickets) where such instructions are consistent with the terms of the Agreement. To the extent that Customer is subject to a local data privacy law (including but not limited to the General Data Protection Regulation or the Consumer Privacy Act), then Customer agrees to request from Mittlearn a data protection agreement prior to providing any Personal Data to Mittlearn.
- Term and Termination.
- Duration of Term. This Agreement will commence on the Effective Date, and will continue until all Order Forms hereunder have expired or have been terminated. The duration of the Services will be specified in each applicable Order Form. Unless otherwise specified in an applicable Order Form, and with the exception of Customers on the Mittlearn Business Team plan that have disabled auto-renewal within the Services, Order Forms will renew automatically, unless terminated by either party by giving at least 30 days written notice prior to the end of the then-current term.
- Termination for Material Breach. Either party may terminate this Agreement and any applicable Order Forms in the event that the other party materially breaches this Agreement, by providing 30 days written notice, unless such breach is cured during such 30 day notice period. In the event that Customer terminates this Agreement or any Order Form due to material breach by Mittlearn, then Customer will be entitled to receive a pro-rated refund for Services not rendered past the termination date. Sections 5-11 and 15-18, as well as any accrued rights to payment, will survive any termination or expiration of the Agreement.
- WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE AGREED UPON BY THE PARTIES, MITTLEARN PROVIDES THE SERVICES AS-IS AND DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICES AND ANY THIRD PARTY SYSTEMS OR PLATFORMS ACCESSIBLE THROUGH THE SERVICES, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES RELATING TO MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.
- Limitation of Liabilities.
- NEITHER PARTY WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR: (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR (2) ANY AMOUNTS IN EXCESS OF THE FEES PAID OR PAYABLE BY CUSTOMER TO MITTLEARN IN THE 12 MONTHS PRIOR TO THE DATE THE RELEVANT CLAIM AROSE.
- Exceptions to Limitation of Liability. Notwithstanding the limitation of liability set forth above: (1) Customer’s liability arising from its violation of Section 3 of this Agreement, and either party’s liability arising from the indemnification provisions of this Agreement, will not be limited, and (2) Each party’s liability arising from breach of its confidentiality obligations hereunder will be limited to three times the amount of Fees paid or payable by Customer to Mittlearn in the 12 months prior to the date a claim arose.
- Mittlearn’s Indemnification Obligations. Mittlearn agrees to defend Customer for all third party claims arising from an allegation that Customer’s use of the Services as permitted under this Agreement infringes upon a third party’s intellectual property rights (“Claim Against Customer”), and indemnify Customer from any damages, reasonable attorney fees, and costs incurred by Customer as a result of a Claim Against Customer. In the event that the Services become subject to a third-party intellectual property claim, or Mittlearn believes that the Services will become subject to such a claim, then Mittlearn may elect to: (1) modify the Services so that they are no longer allegedly infringing, (2) obtain a license for Customer’s continued use of the Services, or (3) terminate this Agreement or any applicable Order Forms, and provide Customer a pro-rated refund for Services not rendered past the termination date. This section states Mittlearn’s sole liability to the Customer with respect to a claim that any part of the Services infringes the intellectual property rights of a third party.
- Customer’s Indemnification Obligations. Customer agrees to defend Mittlearn for all third-party claims arising from Customer’s violations of Sections 3(a) and 3(b) of this Agreement (“Claim against Mittlearn”), and indemnify Mittlearn from any damages, reasonable attorney fees, and costs incurred by Mittlearn as a result of a Claim against Mittlearn.
- Requirements for Indemnification. In order for the indemnification obligations hereunder to apply, the party seeking indemnification must: (1) promptly tender a claim for indemnification, (2) allow the indemnifying party sole control of the defines or settlement of the underlying claim, and (3) reasonably assist with any defines or settlement of the underlying claim at the indemnifying party’s request and expense.
- Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. Upon learning of any violation of this restriction, Customer agrees to promptly notify Mittlearn’s legal department, by emailing email@example.com.
- Publicity. Customer grants Mittlearn the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on Mittlearn’s website and in other promotional materials.
- Force Majeure. Neither party will be liable for any failure or delay in the performance of its obligations hereunder to the extent caused by a condition that is beyond a party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labour conditions, failure by a third party hosting provider or utility provider, governmental actions, interruption or failure of the Internet or any utility service, or denial of service attacks.
- Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be deemed null and void, and the remaining provisions of this Agreement shall remain in effect.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This Agreement and any mutually executed Order Forms shall apply in lieu of the terms or conditions in any purchase order or other documentation that Customer provides, and all such terms and conditions are null and void and superseded by this Agreement and any mutually executed Order Forms. This Agreement, or any part thereof, may be modified by Mittlearn at any time, including the addition or deletion of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting.
- Contracting Party, Governing Law, and Currency for Indian Customers. As of June 1, 2020, if Customer is located in India, then Customer is contracting with Mittlearn India LLP under this Agreement. In such case, notwithstanding Section 17 above, this Agreement and any disputes arising under it will be governed by the laws of India, and both parties consent to the exclusive jurisdiction and venue of courts in Delhi, India for all disputes arising out of this Agreement. In addition, if Customer is located in India, notwithstanding Section 17 above, then any dispute, claim, or any non-payment (any of which shall be treated as a dispute) whether present or future, whatsoever between the parties under, arising out of, relating to or in connection with this Agreement shall be settled by mandatory arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 by a sole arbitrator mutually appointed by the parties and both parties consent to such mandatory arbitration. Either party may serve the other party with a notice in writing specifying the existence and nature of the dispute and the intention to refer the dispute to arbitration. If the parties are unable to agree on a sole arbitrator within 30 days of such notice, each Party shall appoint an arbitrator, and the arbitrators so appointed shall jointly appoint the third arbitrator. The award determined through arbitration shall be final and binding. The venue of such arbitration shall be in Delhi. The proceedings shall be conducted in English. Notwithstanding Section 5 above, if Customer is located in India, then all fees payable by Customer will be in Indian Rupees.
Mittlearn Business Privacy Statement
This Mittlearn Business Privacy Statement was updated on December 1, 2021.
In the course of providing Mittlearn Business and Copyright (“UB”) services and related services to its corporate, non-profit organization, and governmental customers (“Customers”), Mittlearn will receive and have access to personal data of individual users to whom customers grant access (“Users”). For the purposes of this privacy statement, Customers are data controllers and Mittlearn is a data processor. Mittlearn’s processing of User data and the security measures implemented to protect such data are detailed in and governed by a written agreement between Mittlearn and each of its Customers.
As a data processor, Mittlearn will access, store and use the personal data of individual Users solely for the purpose of providing the UB services to its Customers and will process the data as instructed by its Customers.
As data controllers, Customers decide which of their employees or other authorized personnel are given access to the UB services. They do this by designating one or more UB account administrators or group administrators (“Administrator”) who act on behalf of the Customer and have the ability to customize the Customer account, manage individual User accounts, access the UB Insights tool and related reporting features, access the UB Administrator tools, and populate the Customer account with Customer-provided content. Customers are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, relating to the collection of personal information relating to individual Users selected by Customers for accessing the UB services. Mittlearn has no direct relationship with individual Users, who should contact Customers (their employer) for assistance with any requests or questions relating to the processing of their personal information.
For avoidance of doubt, this Privacy Statement does not apply to:
- any processing of data for the purpose of marketing the UB service to enterprise and corporate prospects;
- persons participating in a Copyright program as an individual (Copyright Open); and
In the event where Mittlearn makes any material changes to the manner in which it processes User data to provide its services to Customers, it will notify Customers.
Mittlearn Business Privacy Statement
1. Information about Users collected and stored by Mittlearn
- When a User is given access to the UB services by the Administrator, a User may set up an individual User account and Mittlearn will collect information provided by the User or the Administrator. The Customer can customize the type of data requested to create an account, which may include the following:
- first name, last name, and email address required
- photo, areas of interest, job skills, goals, and role (optionally provided by User or Customer)
- other personal data, as allowed by the Customer
A unique identifying number is assigned by Mittlearn upon the creation of a User account.
- Individual User account information may be set to private or public, as selected by Users. If set to public, the information is searchable via search engines and viewable by anyone, including by other Users and the Customer.
- Administrators may assign a User to a group membership.
- Customers may select to integrate with UB a Single Sign on (SSO) identity provider to enable Users to log in to UB User accounts without the need to disclose passwords to Mittlearn. Users may log in by providing their individual SSO credentials to the SSO identity provider, which will authenticate them and allow or deny access to the Customer account. SSO identity providers share with Mittlearn a unique cookie ID and authentication “token” information to recognize the User as an authorized user of Customer.
- At the option of the Customer, the UB service may enable Administrators and Users to interact with others, including with instructors, teaching assistants, other students, and the Customer, by posting reviews about educational content, sending messages to or chatting with others, posting questions or answers, or posting other content. Posted content is stored by Mittlearn and may be publicly available or viewable by others, including Administrators, Users, or instructors and teaching assistants, depending on where the content is posted.
- At the option of the Customer, Administrators may enable the ability to “Share to Slack.” This optional feature allows Users to manually or automatically post a message to the Customer’s own instance of the Slack messaging service. To enable this optional functionality, Customer’s Slack administrators must grant Mittlearn the ability to read the full list of public channels, private channels, and users in the Customer’s Slack instance. These lists may include individuals in Customer’s Slack instance who are not UB Users. Slack user lists and channels are briefly cached before being automatically purged from Mittlearn’s systems.
- Mittlearn stores information relating to the activities of Users as they use and interact with the UB services, such as content viewed, searched for, or accessed (and information relating to that content); interactions with instructors, teaching assistants, Administrators, and other Users; as well as answers, essays, and other items submitted by Users to satisfy the educational content requirements. This information is linked to a User’s unique account ID and is shared with Customers via the Customer Account reporting tools or upon request of the Customer.
- The UB service enables Users to contact the Mittlearn Support Team for assistance or to report a problem, concern, potential abuse or other issues regarding the UB services or other users. Mittlearn may collect and store the User’s name, email address, location, operating system, IP address as well as the User’s activity on the Mittlearn platform and communications with the Mittlearn help desk team. Mittlearn may request additional information from Users in order to resolve any issue reported by a User or by another user.
- When a User uses the UB services, Mittlearn collects and stores certain information by automated means: (a) technical information about the User’s computer or wireless device, such as IP address, operating system type and version, unique device ID, browser, browser language, domain, and other operating systems or platform information. This information is collected through the use of server log files and tracking technologies, such as: (i) cookies, which are small files that websites send to a computer or wireless device to uniquely identify a browser or mobile device or to store information in a browser setting; and (ii) other tracking technologies (see below for more detailed information).
- IP addresses received from browsers or devices of Users may be used to determine the approximate location of Users.
- If a Customer makes purchases via credit card, Mittlearn collects certain data about the purchase (such as name and ZIP code) as necessary to process the order. Customers must provide certain payment and billing data directly to Mittlearn’s payment processing partners, including name, credit card information, billing address, and ZIP code. Mittlearn may also receive limited information, like the fact that Customers have a new card and the last four digits of that card, from payment service providers to facilitate payments. For security, Mittlearn does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.
2. Purpose of User Data Processing and Retention Period
Mittlearn processes the information collected about Users and Administrators for the purpose of providing the UB services to its Customers, specifically:
- Providing, administering, and facilitating access to the UB services, for Customers and Users, and managing Customer or User account preferences
- Fulfilling Customer’s instructions with respect to personal data of Users
- Displaying and sending via email notifications to Users for:
- Responding to User questions or concerns
- Making notifications to Users at the request of the Customer
- Sending Users administrative messages and information, including confirmation of account creation, enrolment and progress in courses and related content, and notifications of responses from instructors to User questions
- Providing information to Users about available content, new UB service features, and personalized content recommendations, which Users can opt out of at any time
- Sending push notifications to User wireless devices to provide updates and other relevant messages, which can be managed from the “options” or “settings” page in the mobile application.
- Enabling communications among Users and instructors or teaching assistants
- Incorporating feedback into and improving the UB services
- Resolving User support requests or claims
If we are not able to collect and process your personal information, we may be unable to provide some or all of the UB Services to you.
Users can individually opt out of receiving non-transactional emails by: (i) following the unsubscribe instructions provided in the email communication; or (ii) managing User account email preferences. A Customer can also instruct Mittlearn to configure email preference settings for all Users of a Customer.
Retention of Personal Data
Mittlearn will retain the data of Users for as long as instructed by the Customer and no longer than required to serve the purposes of processing. Mittlearn will delete certain or all personal data relating to Users upon request of the Customer. Mittlearn may retain aggregated or anonymized data as set forth below.
Use of aggregated data
In addition, User data is aggregated with other Mittlearn marketplace user data to enable Mittlearn to improve its products and services and develop new products and services, including:
- Reviewing and analysing User browser and wireless device technical information
- Reviewing user activity across UB and the Mittlearn marketplace (for example, Mittlearn analyses trends and User traffic and usage information to identify popular content)
- Facilitating the technical functioning of the UB services and Mittlearn marketplace, including to troubleshoot and resolve issues, secure the UB services, and prevent fraud and abuse
- Developing a personalized content recommendation engine
When User data is used for the above purposes, it is aggregated and/or anonymized so that no personal data of Users is processed.
3. Cookies and other Tracking Technologies
Like many online platforms, Mittlearn and its analytics vendors use server log files and automated data collection tools, such as browser cookies, pixel tags, scripts, and web beacons. These tools are used for analytics purposes to enable Mittlearn to understand how Users interact with the UB services. Mittlearn and its analytics vendors may tie the information gathered by these means to the unique account ID of Users.
Cookies are small text files placed onto a computer or device while browsing the Internet. Cookies are used to collect, store, and share bits of information about User activities. Mittlearn uses both session cookies and persistent cookies.
- A session cookie is used to identify a particular visit to the UB services and collect information about interaction with the UB service. These cookies expire after a short time, or when the User closes their web browser after using the UB service. Mittlearn uses these cookies to identify a User during a single browsing session, such as when you log into the UB services. This helps Mittlearn improve the UB service as well as improve the Users’ browsing experience.
- A persistent cookie will remain on a User’s device for a set period of time specified in the cookie. Mittlearn uses these cookies to identify and recognize a specific User over a longer period of time. They allow Mittlearn to:
- analyse the usage of the UB services (e.g. what links Users click on) in order to improve our UB offering,
- test different versions of the UB services to see which particular features or content Users prefer to optimize the UB services
- provide a more personalized experience to Users with more relevant and recommended content and
- Allow Users to more easily log in to use the UB services. Persistent cookies include:
- Preferences cookies to remember information about a User’s browser and settings preferences, such as preferred language. Preference cookies make User experience more functional and customized
- Authentication and security cookies to enable a User to log in or stay logged in and access the UB service, to protect User accounts against fraudulent log-ins by others, and help detect, fight, and protect against abuse or unauthorized usage of User accounts.
- Functional cookies to make the experience of using the UB service better, like remembering the sound volume level selected by the User.
Mittlearn uses tracking technology to: (i) determine if a certain page was visited (e.g. the landing page of an advertisement for UB services that is displayed on third party sites) or whether an email sent by Mittlearn was opened or clicked on by a User; and (ii) to customize the learning experience of individual Users by recommending specific courses and other content.
Mittlearn will retain the data of Users for as long as instructed by the Customer. Mittlearn will delete certain or all personal data relating to Users upon request of the Customer.
User Preferences with respect to cookies and other tracking technologies
Users can set their web browser to notify them about the placement of new cookies, limit the type of cookies or reject cookies altogether; if enabled, a User may not be able to use some or all of the features of the UB services (for example, may not be able to log in). General information about cookies and how to disable them can be found at firstname.lastname@example.org://cookiepedia.co.uk/all-about-cookies.
Various browsers may offer their own management tools for removing HTML5 LSOs.
Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, and we do not take any action in response to this signal. Instead, in addition to publicly available third-party tools, we offer you the choices described in this policy to manage the collection and use of information about you.
4. Sharing User Information
In order to provide the UB services to its Customers, Mittlearn shares data regarding Users with a number of third-party service providers. These third parties are contractually required to use User data solely as directed by Mittlearn for the purpose of providing services to Mittlearn. Administrators of existing Customers are able to access our list of current sub-processors on the left sidebar of this page while logged in to UB.
- Instructors who upload content on the Mittlearn platform, as well as their teaching assistants, may receive names and account profile information of Users (excluding email addresses), to enable them to respond to user questions and feedback.
- Other service providers of Customer may receive information as instructed by Customer.
- To perform its services, Mittlearn leases servers from data centres and uses cloud hosting services on which certain content and User data relating to UB is hosted.
- Mittlearn’s help centre platform vendor hosts and stores all communications between Administrators or Users and the Mittlearn support team. The help centre vendor is contractually required to store and process User related data solely as directed by Mittlearn for the purpose of providing services to Mittlearn. Mittlearn also partners with a chat messaging vendor to provide support to Users and Administrators, to collect feedback, and to display in-app messages for feature announcements or on boarding new users.
- Mittlearn shares User information with third-party companies that perform email services to enable Mittlearn to send email communications to Users and to manage email preference settings of Users.
- Mittlearn shares User information with third-party companies that perform data analysis services to enable Mittlearn to better understand how Users use the UB service. These companies include Chariton, Google Analytics and Mixpanel. To prevent Google Analytics from collecting information for analytics, a User may install the Google Analytics Opt-Out Browser by clicking opt outhere, and may also use Mixpanel’s opt-outhere.
- For Copyright users, certain features like chat rooms, message boards, news groups, or other public forums are available and are publicly visible to other participants, so confidential or proprietary information should not be shared through these features.
Any other sharing of User data is subject to the consent and instructions of Customer.
5. Processing of User Data outside of the EEA
Our servers and sub processors are located in the India. In order to provide the Services to you, we transfer and process your data there. If personal data processed by Mittlearn originates from a User or Administrator in the EEA, Mittlearn will ensure that such processing will only take place if: (a) the non-EEA country in question ensures an adequate level of data protection; (b) the transfer is made pursuant to a Data Processing Agreement (“DPA”) executed between Mittlearn and the Customer and subject to the standard contractual clauses designed to facilitate transfers of personal data from the EEA to all third countries that have been adopted by the European Commission (known as the, “Model Clauses”), which have been incorporated into the DPA.
Translation for Convenience Purposes Only. In the event that Customer has been provided a translated version of the Mittlearn Business Privacy Statement in a language other than English, that translation is provided for convenience purposes only. The English version of the UB Privacy Statement provided at terms is controlling, and in the event of a conflict between the English version of this Privacy Statement and any translated version, the English version will prevail.
These Instructor Terms were last updated September 12, 2022.
As an instructor, you are contracting directly with Mittlearn (a corporation in India), regardless of whether another Mittlearn subsidiary facilitates payments to you.
1. Instructor Obligations
As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, labs, assessments, and announcements (“Submitted Content“).
You represent and warrant that:
- you will provide and maintain accurate account information;
- 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;
- 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 Mittlearn resources, including support services.
2. License to Mittlearn
Unless otherwise agreed (including within our termsPromotions 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, Mittlearn’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 yearly access) and (2) Mittlearn’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 Mittlearn 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 Mittlearn’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 Mittlearn’s policy and other content quality standards or policies prescribed by Mittlearn 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 Mittlearn’s approval, which we may grant or deny at our sole discretion.
We reserve the right to remove content, suspend pay-outs, 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 behaviour that might reflect unfavourably on Mittlearn or bring Mittlearn into public disrepute, contempt, scandal, or ridicule;
- an instructor engages the services of a marketer or other business partner who violates Mittlearn’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 Mittlearn’s policies; or
- As determined by Mittlearn in its sole discretion.
3.2 Co-Instructors and Teaching Assistants
The Mittlearn 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 Mittlearn account and Submitted Content. Violations of Mittlearn’s terms and policies by your co-instructor or teaching assistant may also impact your Mittlearn account and Submitted Content. Mittlearn is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.
3.3 Relationship to Other Users
Instructors don’t have a direct contractual relationship with students, so the only information you’ll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Mittlearn platform, and that you won’t solicit additional personal data or store students’ personal data outside the Mittlearn platform. You agree to indemnify Mittlearn against any claims arising from your use of students’ personal data.
3.4 Anti-Piracy Efforts
We partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you hereby appoint Mittlearn and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your content, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant Mittlearn and our anti-piracy vendor’s primary authority to file notices on your behalf to enforce your copyright interests.
You agree that Mittlearn and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to email@example.com with the subject line: “Revoke Anti-Piracy Protection Rights” from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
4.1 Price Setting
When creating Submitted Content available for purchase on Mittlearn, 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 premium instructor, 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 Mittlearn 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 Mittlearn’s pricing tiers are available as per termshere.
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 Mittlearn 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).
4.3 Promotional Programs
Mittlearn offers several optional marketing programs (Promotional Programs) in which you can choose to participate, as detailed in our termsPromotions Policy. These programs can help increase your revenue potential on Mittlearn by finding the optimal price point for your Submitted Content and offering them through subscriptions collections.
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.
5.1 Revenue Share
When a student purchases your Submitted Content, we calculate the gross amount of the sale as the amount actually received by Mittlearn from the student (“Gross Amount“). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile provider checkout sales, a 3% service and processing fee (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 Mittlearn’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 37% 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 termsPromotions Policy.
Mittlearn makes all instructor payments in INDIA dollars (INR) regardless of the currency with which the sale was made. Mittlearn 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 INR).
5.2 Instructor Coupons and Course Referral Links
The Mittlearn platform allows you to generate coupon codes and referral links to offer certain items of your Submitted Content to students at a discount, at Mittlearn’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 policiesTrust & Safety policies.
Where a student applies your coupon code or referral link at checkout, your revenue share will be 97% 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, Paytm, Pioneer, or INDIA bank account (for INDIA residents only) 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.
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 an INDIA 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 Mittlearn or your participation on Mittlearn; 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
Instructions on how to delete your instructor account are availablehere. 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. If you need help or encounter difficulty deleting your account, you can contact us via our teamSupport Center.
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 Mittlearn 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 Mittlearn), 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 teamSupport Team. We’d love to hear your questions, concerns, and feedback about our Services.
Affiliate Terms & Conditions
These Affiliate Terms & Conditions were last updated on September 12, 2022.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND MITTLEARN, A CORPORATION LOCATED IN INDIA (“MITTLEARN”, “WE”, “US”, OR “OUR”). BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THESE AFFILIATE TERMS AND CONDITIONS (“AFFILIATE TERMS”) YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THESE AFFILIATE TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
Any version of these Affiliate 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.
These Affiliate Terms contain the complete terms and conditions that apply to you when becoming an affiliate in Mittlearn’s affiliate program (the “Affiliate Program”). The purpose of these Affiliate Terms is to allow you to make affiliate commissions through sales generated from your website to Our Services in the manner set forth herein.
2. Enrolment in the Affiliate Program
(a) Application Completion. If you have not already done so, you need to complete an application to the Affiliate Program (the “Application”). You need to identify your website, describe how you plan to promote Mittlearn’s Services on Your website, and provide certain contact information. The Application can be found at website pages.
(b) Acceptance of Your Application. If we choose to accept Your Application, You will receive an email notification confirming that Your Application has been approved. You understand and agree that we may accept or reject Your Application at Our sole discretion. Your Application will be rejected if any of the information You provide is incorrect or incomplete, if Your website promotes materials of a sexual, pornographic, violent, or defamatory nature, if You or Your website discriminate, violate any applicable law, or violate any person’s intellectual property rights, or for any other reason We may deem fit to reject Your Application.
(c) Access to our Affiliate Program. If we have accepted Your Application, We will send you a welcome email with your login details so that you may enter our secure affiliate centre. From this centre you will be able to download Promotional Materials and qualifying links as well as access your reports which will describe our calculation of the affiliate commissions due to you. It is your responsibility to keep your username and password information secure. For purposes of clarity, Promotional Materials is defined as banners, text links, article copy, and access to data feeds.
(d) You will ensure that your information including your email address is at all times complete, accurate and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
(e) You must be in good standing with the Federal Trade Commission (the “FTC”) and in compliance with all FTC guidelines. As an Affiliate, you also understand and agree that you have read and fully agree to the terms listed on the Official FTC Website.
3. Specific Obligations of Affiliates
As a member of Our Affiliate Program, You represent, warrant, and covenant that You will:
(a) Link to Our Services. You will implement the links, banners, and other means of linking your website to Our Services (collectively, “Referral Links”) pursuant to the referral specifications set forth on the Affiliate Program on Rakuten Linkshare (“Referral Specifications”). On this page You will be able to download certain technical materials, including links, HTML code, banner ads, copy and other content, and any documentation for the foregoing (collectively, “Referral Materials”). When our customers click through the Referral Links to purchase an item on the Mittlearn site, you can receive commissions for qualifying individual marketplace transaction purchases as described in Affiliate Commissions.
(b) Maintain Your Site: The maintenance and the updating of your website will be your responsibility. Mittlearn will notify you via email of any changes to these Terms and our Referral Materials. However, as a member of Our Affiliate Program and because our information is updated often, it will be necessary for you to update the Referral Materials on Your website to maintain consistency and accuracy between Our Services and the Referral Specifications.
(d) Follow and Comply with All Copyright Laws: It is entirely your responsibility to follow and comply with all applicable copyright and other laws that pertain to your website. We will not be responsible if you use another person’s copyrighted material in violation of the law.
(e) Not to solicit Our Instructors: As a member of Our Affiliate Program, You agree not to directly or indirectly, for Yourself or on behalf of another, solicit business away from, or solicit, induce, influence, or encourage any of Our Instructors to upload their Mittlearn Course(s) on Your websites and/or platforms, or otherwise alter, terminate or breach their contractual or other business relationship with Us.
4. Affiliate Responsibilities
As a member of Our Affiliate Program, You understand and agree that:
(a) We Can Monitor Your Site: You hereby give us the right to monitor your website at any time to determine if you are following these Affiliate Terms, and to notify you of any changes we feel you should make to remain in compliance. Further, you must comply with any requests we make for you to take down specific content from your website. Failure to comply is a violation of these Terms and grounds for termination of your affiliate status.
(c) You will not promote Mittlearn through paid advertising or media buying that leads directly to the Mittlearn website (found at www.mittlearn.com). You will not bid on Mittlearn-branded keywords as an affiliate. This applies to all advertising platforms and to all affiliates unless direct approval from Mittlearn is granted.
(d) You will not use our company name or variations of our company name in your Domain Names or Social Media pages: You may not register or purchase domain names that include Our Company’s name or any misspellings or variations of our company name to run promotions as an affiliate. Additionally, you may not include Our Company name, variations of our company name, or the look and feel of our own social media pages on any social media pages (i.e. Facebook Fan Page) where you run promotions as an affiliate.
(e) You will be Responsible for Your Website’s Content: You may not promote Our content and Our Instructors’ courses on a website that contains any form of misleading, defamatory, obscene, illegal, bigoted, pornographic or any other content deemed offensive by Us.
(f) You will not promote using cookie-stuffing: You may not use cookie stuffing techniques or click-generators that set the tracking cookie without the user actually clicking on the Referral Link. You will not artificially generate clicks or impressions on your site or create visits on the Mittlearn site, whether by way of a robot or software program or otherwise.
(g) You will not mimic our media and content: Publishers must make sure that his or her media does not copy or resemble the look and feel of the Mittlearn website or create the impression that your media is part of Our Company’s website. You also understand that using the language found on our pages verbatim is not allowed unless it is to describe the content found on any given course landing page.
(h) You will be Responsible for Your use of content found on our site. You may create your own promotional materials using pages from our site as reference. You may also use course images and part of the text in our pages to promote the products accurately on your site. However, you may NOT download, copy, or use video content (free or paid), course supplementary materials (PDFs, quizzes or extra material), or lesson descriptions and upload them on your own site(s). Violation of this provision may result in the immediate termination of your affiliate account.
(i) You will not use spyware, malware, virus and the like: You may not include on your site, display, or otherwise use Referral Links or other Content that uses any spyware, malware, or virus, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
(j) You will be open and honest about your relationship to us: You may not misrepresent or embellish the relationship between you and Mittlearn or imply any relationship or affiliation between you and Mittlearn or any other person or entity except as expressly permitted by this affiliate Agreement. You may not represent yourself as an agent or employee of Mittlearn or represent that you have the authority to bind Mittlearn to a contract.
(k) You cannot utilize a browser extension to promote Mittlearn or Mittlearn courses without direct approval from Mittlearn. All coupon codes available in the extension must be approved by Mittlearn. You also understand and agree that your browser extension cannot allow users to upload new coupons into the extension’s feed.
(l) You will not earn commissions for free courses: Our site contains paid and free courses. Any customer you refer to us that subsequently enrols in a free course or uses a ‘free promo code’ to get a paid course for free will not be eligible to earn you a commission and that particular sale will not appear on your affiliate account. We will terminate the account of Affiliates who only promote free courses, or Affiliates who promote primarily free courses.
(m) You will be mindful of who you do business with: You may not use marketing practices that attract fake customers. We, in our sole discretion, will make the determination whether someone is a fake customer.
(n) You will ensure your sub-affiliates follow all of our terms: You have the right to work with a sub-affiliate network so long as your sub-affiliates follow Our Affiliate Terms. You understand that you are responsible for your sub-affiliate’s compliance with these terms and that non-compliance by any of your sub-affiliates may result in the termination of your affiliate account.
(o) For Mittlearn employees who are also Mittlearn Affiliates: You will make it clear you are a Mittlearn employee when promoting Mittlearn as an affiliate. As a Mittlearn employee, you agree to clearly state in all promotional posts or promotions containing Mittlearn affiliate links your employee and affiliate relationship with Mittlearn via a disclaimer. Specific requirements and examples for Mittlearn Affiliates who are also Mittlearn employees, can be foundhere.
These Affiliate Terms will begin and become effective upon our acceptance of Your Application.
5. Affiliate Commissions
(a) Eligibility: Except in jurisdictions in which such a transaction is not permitted, You are eligible to earn affiliate commissions through Referrals (as defined in section (b) below) during the term of these Affiliate Terms, according to the calculation described below.
(b) Amount due: The exact amount of affiliate commissions due to you in any given quarter will be calculated in the following manner:
The affiliate commission is set up in the offers available to you in Your Publisher account. A “Referral” is a paying customer that you refer from your website to our website using the Referral Materials in accordance with the Referral Specifications. Acceptance of a Referral as a User of Our Services shall be at our sole discretion.
(c) Payment of affiliate commissions will be made on a monthly basis. Payments are disbursed according to the payment method you have selected in your affiliate account. If your account is terminated due to violation of these Affiliate Terms, We reserve the right to withhold all future payments owed to you.
(d) Affiliate payments are sent to you using Link share’s affiliate network payment system. Mittlearn does not send payment directly to any affiliates. Affiliates are responsible for making sure they are able to accept payments from Mittlearn’s affiliate network.
(e) Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive affiliate payments. Please check with your receiving banking institution to find out if any of these apply for your account.
(f) If We determine that payment of affiliate commissions to You in any jurisdiction is illegal under any laws, then We may reserve the right to not pay affiliate commissions for any sales made in that jurisdiction.
(g) We may withhold your final payment for a reasonable time to ensure that the correct amount is paid to you.
(h) If at any time there has been no substantial activity on your account for XX years, then we will have the right to withhold any accrued fee. Further, any unpaid fees in your account may be subject to escheatment under applicable law.
(a) You hereby grant us a non-exclusive, non-transferable, revocable right to use your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of our rights under these Affiliate Terms. However, we are under no obligation to advertise, market, promote, or publicize.
(b) We both agree not to use the other’s proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light. We each reserve all of our respective rights in the proprietary materials covered by this license. Either one of us may revoke this license at any time by giving the other written notice ending our engagement under these Affiliate Terms and Your Affiliate status. Other than the license granted in these Affiliate Terms, we each retain all right, title, and interest to our respective rights and no right, title, or interest is transferred to the other.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MITTLEARN. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
8. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THESE AFFILIATE TERMS.
You agree to indemnify and hold harmless Mittlearn and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of these Affiliate Terms. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
Mittlearn or You can Each End Our Engagement Under these Affiliate Terms: Either Us or You may end these Affiliate Terms AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax.
From time to time, We may update these Terms to clarify Our practices or to reflect new or different practices, for example We may change the scope of Referral Fees, payment procedures, and Affiliate Program rules, or Referral Specifications or Referral Materials, and Mittlearn reserves the right in its sole discretion to modify and/or make changes to these Affiliate Terms at any time, at Our sole discretion. If we make any material change to these Affiliate Terms, You will automatically receive an email notifying you that changes were made and prompting you to agree to our new Affiliate Terms. Modifications will become effective on the day they are posted unless stated otherwise. If any modification is unacceptable to You, Your only option is to end your participation in the Affiliates Program by removing us as an advertiser in Your Rakuten Linkshare account. Your continued access to Our Linkshare platform will be contingent on your acceptance of our updated Affiliate Terms. You should visit the Services regularly to ensure you are aware of any changes to the Affiliate Terms, as any revised Affiliate Terms shall supersede all previous Affiliate Terms.
(a) You represent and warrant to us that:
(i) These Affiliate Terms constitutes your legal, valid, and binding obligation, enforceable against you in accordance with the terms and conditions set-forth herein;
(ii) You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform your obligations under these Affiliate Terms, without the approval or consent of any other party;
(iii) You have sufficient right, title, and interest in and to the rights granted to us in these Affiliate Terms; and,
(iv) YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE AFFILIATE TERMS PRIOR TO ACCEPTING THESE AFFILIATE TERMS.
(b) Independent Contractors. Each of us shall be deemed to be independent contractors with respect to the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on your site or otherwise, that contradicts or may contract anything in this paragraph.
(c) Assignability. You may not assign your rights or obligations under these Affiliate Terms to any party, and any attempt to do so will be void and without effect. We are free to assign these Affiliate Terms.
(e) You may not amend or waive any provision of these Affiliate Terms unless in writing and signed by both of us.
(f) Entire Agreement. These Affiliate Terms represent the entire agreement between us and you, and shall supersede all prior agreements and communications between us, oral or written.
(g) Headings and Titles. The headings and titles contained in these Affiliate Terms are included for convenience only, and shall not limit or otherwise affect the terms herein.
(h) Severability. If any provision of these Affiliate Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the both of us is effectuated, and the remainder of these Affiliate Terms shall have full force and effect.
Copyright Terms & Conditions
These terms and conditions were last updated on September 12, 2022.
The terms and conditions below apply to Customer’s use of the Copyright Offering, as described below. All terms not defined herein have the definitions ascribed to them in the Master Services Agreement between Mittlearn and Customer.
- Copyright Offering. By purchasing access to the Copyright Offering, as specified in the relevant Order Form, Customer will receive access to a cohort based, synchronous and asynchronous, learning catalogue (the “Cohort Enterprise Licenses”) with certain Cohort-based Content accessible through a learning online platform (the “Cohort Enterprise Platform”) that include Cohort Services (as described further below). Customer consents and agrees that the Copyright Offering will be provided through Mittlearn’s wholly owned subsidiary, CUX, Inc., d.b.a. Copyright.
- Cohort Services. During the term of the Agreement, Cohort Enterprise Licenses will include services provided by Mittlearn (the “Cohort Services”), which may include: (i) account implementation, cohort administration, moderator and faculty coordination tasks associated with running any Cohort Enterprise Licenses, (ii) facilitation and moderation, and (iii) learning related insights regarding the cohort. Cohort Services do not include facilitation, moderation or administration of Customer proprietary content. Notwithstanding the above, delivery of certain cohort learning content may incur additional faculty fees with the delivery of such content. Any additional services not set forth herein and requested by Customer, will be separately scoped and at an additional cost.
- Cohort Enterprise Licenses. Mittlearn’s Content Team selects cohort learning content to be included in the catalogue. Access to the catalogue is limited to authorize Users of the Cohort Enterprise Licenses to view this content during the subscription term of the applicable Order Form. All Cohort Enterprise Licenses to the cohort learning content will be delivered via cohorts with each cohort requiring a minimum of 25 participants. To the extent such cohorts do not have the required minimum number of participants, Mittlearn reserves the right to cancel, interrupt or reschedule any course or program. Further, Mittlearn may reasonably modify its cohort learning content throughout the subscription period in the applicable Order Form. Customer shall provide a minimum of four weeks lead time for the launching of cohorts.
- Cohort Enterprise Platform. Customer will be provided access to the Cohort Enterprise Platform for up to the number of Users of Customer and during the subscription term as set forth in the applicable Order Form. Such Cohort Enterprise Platform access shall include, but not be limited to, access to the cohort learning content, any Customer proprietary content and communities of practice. To the extent Customer elects to use the Cohort Enterprise Platform for certain numbers of Users above those in the applicable Order Form for access to and delivery of Customer proprietary content, such access shall be at an additional fee and subject to the terms and conditions set forth herein.
- Customer proprietary content. Customer represents and warrants that Customer has all right, title, and interest in and to all Customer proprietary content, materials information (“Customer IP”) provided to Mittlearn to perform the Services set forth in the applicable Order Form and shall defend, indemnify, and hold harmless Mittlearn and its and their Affiliates, subsidiaries, directors, officers, employees, and agents with respect to any claims against Mittlearn regarding such Customer IP.
- Vendor Add-ons. Customer agrees that some Cohort Enterprise Licenses may have additional third-party products featured within the cohort learning content (“Vendor Add-ons”). Such access to the Vendor Add-ons is included with your subscription herein however, it may be at an additional cost per User. Prior to any delivery or use of such Vendor Add-ons, Mittlearn shall provide the pricing to Customer as set forth in an additional Order Form.
- User Licenses. Each User license herein is unique to each User and any access to Cohort Enterprise Licenses may not be shared with any other person via shared login or any other method. All User licenses must be used within each one-year period within the subscription period specified on the relevant Order Form. All User licenses unused at the end of each such one-year period will expire, and will not be able to rollover, including in subsequent years of the subscription and in renewal terms. Thereafter, in any subsequent or renewal year the number of User licenses will reset to the contracted number of Users.
- For example, and for illustrative purposes only: If Customer purchases 100 Users for a one-year subscription, any unused User licenses at the end of the one-year subscription period will expire.
- For example, and for illustrative purposes only: If Customer purchases 100 Users for a three-year subscription, then any unused licenses at the end of the first year of Customer’s subscription will expire, and will not roll over to the second or third years of Customer’s subscription unless otherwise agreed in the relevant Order Form. At the start of Year 2 (or Year 3 as the case may be), Customer shall have access to 100 Users for such annual term.
Mittlearn Business Pro Terms & Conditions
These terms and conditions were last updated on September 12, 2022.
The terms and conditions below apply to Customer’s access of Mittlearn Business Pro. All terms not defined herein will have the definitions ascribed to them in the Master Services Agreement between Mittlearn and Customer.
- Customer consents and agrees that Mittlearn Business Pro may be provided through a third-party provider. Mittlearn Business Pro allows Customer and its Users to access certain third-party platforms, including, as available, Amazon Web Services (“Cloud Platforms”). Each Cloud Platform is provided by its respective provider (each a “Cloud Provider”) and is governed by and subject to its own agreement or terms and conditions (and all “acceptable use” or similar policies) (“Cloud Provider Terms”). Customer agrees to comply with, and ensure its Users comply with, all Cloud Provider Terms and the terms and conditions of any third party provider.
- In the event that Customer’s actual usage of Mittlearn Business Pro exceeds the number of Mittlearn Business Pro licenses purchased by Customer, then Mittlearn may notify customer of such excess usage and invoice (the “True Up Invoice”) Customer for the additional Users using Mittlearn Business Pro (the “Excess Users”). The fees payable for the Excess Users will be the rate listed in Customer’s Mittlearn Business Pro Order Form, prorated for the remainder of that Order Form’s Subscription Period so that all Mittlearn Business Pro User subscription periods coincide and are co-terminus. Customer will pay the True up Invoice in accordance with the payment terms listed on the relevant Order Form.
- Customer acknowledges and agrees that: (a) Customer is solely responsible for all content inputted by Customer or its Users in connection with use of Mittlearn Business Pro (collectively, “Interactive Content”) including on the server instances that provide interactive environments as a part of Mittlearn Business Pro (“Interactive Sessions”); and (b) neither Mittlearn, its Affiliates, or licensors will have any responsibility to preserve or store the Interactive Content.
- Customer shall not, nor permit its Users to:
- provide web, database, or forum access, or engage in cryptocurrency mining, on or through Mittlearn Business Pro,
- exceed the usage limitations (including, but not limited to, Interactive Session quantity or duration, or User number limitations) applicable to Customer’s use of Mittlearn Business Pro,
- use or access an Interactive Session in any commercial production environment, or
- Use any data or information other than simulated, anonymous, non-personal, non-live data when using Mittlearn Business Pro, and will not use real customer data or information or real transactions when using Mittlearn Business Pro.
- A violation of Section 4 of these Mittlearn Business Pro Terms and Conditions will be considered a breach of the Agreement. In addition to Mittlearn’s remedies for Customer’s breach of the Agreement, Mittlearn may remove any Interactive Content that violates Section 4 of these Mittlearn Business Pro Terms and Conditions.
This Promotions Policy was last updated on September 12, 2022.
Any version of this Policy in a language other than English and Hindi is provided for convenience and you understand and agree that the English language will control if there is any conflict.
1. How the Promotional Programs Work
Mittlearn offers premium instructors the opportunity to participate in Promotional Programs, which you can opt into through the Promotional Agreements page of your instructor settings or by a written agreement (including by email) between you and Mittlearn for certain programs, as detailed below. The specific programs offered may change from time to time.
Not all deals or programs will be available in all geographic territories or for all Mittlearn content. Mittlearn has sole discretion to determine which content to offer as part of the Promotional Programs and to set or update sale prices. Mittlearn may remove any of your content from the Promotional Programs at any time and in its sole discretion, with or without notice to you.
The discount amounts referenced below are approximate, as the actual discount may be slightly higher due to rounding and currency conversion. Mittlearn does not guarantee any minimum level of success in connection with the Promotional Programs.
2. Mittlearn Deals Program
The Mittlearn Deals Program helps increase your revenue potential by enabling Mittlearn to offer your content at a compelling discount as part of targeted promotions, as well as to optimize your list price. The Deals Program allows Mittlearn to offer your content to students at a discounted price or list price no lower than Rs. 600 (or local equivalent), except in sales to Mittlearn’s resellers or distributors, where the price may be lower. For clarity, Mittlearn determines local equivalents of v using economic factors such as purchasing power, rather than employing a direct currency conversion. A table of minimum sales prices after discount in each of Mittlearn’s major markets can be found in our termsHelp Center article on pricing tiers. We reserve the right to update this table and change base price tier options from time to time.
Where a sale to a Mittlearn reseller or distributor results in a sale price for your content that is lower than permitted by this Policy, Mittlearn will calculate your revenue share based on a Gross Amount permitted by this Policy.
Deals Program deals may be promoted through the Services, user communications, or third-party platforms, and the duration of the deals may vary.
You can opt out of the Deals Program at any time. However, your content will remain subject to any applicable sales, campaigns, or promotions that are already active at the time you opt out, until those sales, campaigns, or promotions are completed.
3. Mittlearn Business Program
Premium instructors may also participate in our subscription program (“Mittlearn Business Program”), subject to the additional terms in this section. The Mittlearn Business Program consists of Mittlearn’s subscription-based content collections available to individual consumers and business customers, including private, public, non-profit, and government organizations (“Subscription Customers”), featuring a select group of Mittlearn’s top content for professional and personal development skills.
By opting into the Mittlearn Business Program, you agree to make all of your content eligible for inclusion in Mittlearn’s subscription-based content collections. We may elect whether to select your content for inclusion in any collection, including any add-on, variation, or subset of that collection, and may change the selection from time to time at our sole discretion.
Because the collections are subscription-based, we may select sale prices and offer free trials at our discretion. While your content is included in a collection, you may not unpublished that content or make it private.
If you’ve agreed to provide any Assessment Questions (as defined below), you are also subject to the additional terms in Section 4 (Assessments).
Instructors who have previously opted into the “Mittlearn Subscription Program” are subject to the terms of this section.
3.1 Revenue Share
By participating in the Mittlearn Business Program, you agree that for each collection, your revenue share will be calculated as follows:
- Each month, Mittlearn will calculate the total monthly subscription fees paid to Mittlearn on behalf of all current Subscription Customers of such collection minus any applicable Transaction Taxes, foreign exchange fees, and third-party fees, such as reseller, promotion, distribution, or payment processing fees.
- Twenty-five percent (25%) of this amount will be allocated to instructors participating in such collection (“Instructor Revenue Pool“) as further described below.
- Each month, Mittlearn will calculate the total minutes of content (including course videos, quizzes, practice tests, and coding exercises) in such collection consumed by all current Subscription Customers through their subscription to such collection (“Total Minutes Consumed“). For clarity, the Total Minutes Consumed does not include any consumption by access through a free trial.
- Each month, Mittlearn will also calculate how many of the Total Minutes Consumed are attributable to each of your items of content that was included in such collection that month (“Your Content Minutes“).
- To calculate your revenue share each month, Mittlearn will divide the Instructor Revenue Pool by the Total Minutes Consumed, then multiply that per-minute amount by Your Content Minutes.
As Mittlearn makes additional types of content (such as assessments and labs) available through the collections, we may update subsection (3) above to specify additional types of content that will be included in the calculations to determine the Total Minutes Consumed and Your Content Minutes.
Except as otherwise provided for Assessment Questions below, once your content is included in a collection, you agree that you will not begin to offer any on-demand content, such as pre-recorded courses, that directly compete with or injure the sales of that content on any site or platform other than your own. For clarity, this doesn’t include literary works or in-person instructional trainings. If you choose to terminate your participation in the Mittlearn Business Program, you agree that this exclusivity provision will remain in place until we remove your content from all collections.
You can choose to terminate your participation in the Mittlearn Business Program at any time by emailing firstname.lastname@example.org. Mittlearn will remove your content from the collections within 12 months of termination and will continue to pay you revenue share based on the then-current rates until your content is removed from the relevant collection.
Once your content is removed for any reason from a collection, Subscription Customers will no longer be able to enrol in your content and you will no longer earn revenue share from that collection. However, any individual end user who previously enrolled in your content will continue to be able to access that content for as long as they remain subscribed to the relevant collection.
Mittlearn’s assessments (“Assessments”) consist of question and answer pairs with explanations (each, an “Assessment Question”) to measure proficiency and learning across certain topics, skills, domains, or occupations. Assessments are made available by Mittlearn as a standalone content type, separate from courses. For clarity, practice tests, quizzes, coding exercises, and labs are not considered Assessments or Assessment Questions.
By providing an Assessment Question, as mutually agreed between us in writing (including by email), you agree to the terms in this section.
We may elect whether to select your Assessment Question for inclusion on Mittlearn.com or in the Mittlearn Business Program, and may change that selection from time to time and at our sole discretion. If your Assessment Question is included in the Mittlearn Business Program, then you will be subject to the terms relevant to that program above.
You agree that your Assessment Questions will comply with all criteria as may be agreed in writing (including by email) by you and Mittlearn, such as the topic, format, domain, difficulty level, and quantity.
By providing your Assessment Question, you grant Mittlearn an exclusive license to use, copy, reproduce, distribute, display, publish, and prepare derivative works of your Assessment Question. You agree that you will not make your Assessment Question available to others (including through your own site or platform) or license or permit any third party to do so.
You may choose to terminate your license of an Assessment Question at any time by emailing email@example.com. Mittlearn will remove your Assessment Question from the Services within 12 months of termination and will continue to pay you any relevant revenue share based on the then-current rates until your Assessment Question is removed from the relevant portion of the Services.
We may update this Policy from time to time to clarify our practices or to reflect new or different practices. 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.
6. How to Contact Us
If you have any questions about this Policy, please contact our team at firstname.lastname@example.org team.