1. Terms By accessing ES LEVELUP, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our services. The materials contained in ES LEVELUP are protected by applicable copyright and trademark law.
2. Use License Permission is granted to temporarily download one copy of any downloadable materials on ES LEVELUP's platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials;
• Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• Attempt to decompile or reverse engineer any software contained on ES LEVELUP's platform;
• Remove any copyright or other proprietary notations from the materials; or
• Transfer the materials to another person or 'mirror' the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ES LEVELUP at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

3. Disclaimer The materials on ES LEVELUP's platform are provided 'as is'. ES LEVELUP makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ES LEVELUP does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its platform or otherwise relating to such materials or on any sites linked to this site.
4. Limitations In no event shall ES LEVELUP be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on ES LEVELUP's platform, even if ES LEVELUP or an authorized representative of ES LEVELUP has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata The materials appearing on ES LEVELUP's platform may include technical, typographical, or photographic errors. ES LEVELUP does not warrant that any of the materials on its platform are accurate, complete, or current. ES LEVELUP may make changes to the materials contained on its platform at any time without notice. ES LEVELUP does not, however, make any commitment to update the materials.
6. Links ES LEVELUP has not reviewed all of the sites linked to its platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ES LEVELUP of the site. Use of any such linked website is at the user's own risk.
7. Site Terms of Use Modifications ES LEVELUP may revise these Terms of Use for its platform at any time without notice. By using this platform you are agreeing to be bound by the then current version of these Terms of Use.
8. Governing Law Any claim relating to ES LEVELUP's platform shall be governed by the laws of the location where ES LEVELUP is headquartered without regard to its conflict of law provisions.

Instructor Terms

Last updated: July 28, 2023.

Upon signing up to become an instructor on the ES LEVELUP platform, you agree to abide by these Instructor Terms ("Terms"). These Terms provide details about ES LEVELUP relevant to instructors and are incorporated by reference into our Terms of Use, the general terms that govern your use of our Services. Any capitalized terms that aren't defined in these Terms are defined as specified in the Terms of Use.

As an instructor, you are contracting directly with ES LEVELUP, regardless of whether another ES LEVELUP subsidiary facilitates payments to you.

 

Instructor Obligations

1.1 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, and announcements ("Submitted Content").

You represent and warrant that:

• you will provide and maintain accurate account information;
• you own or have the necessary licenses, rights, consents, permissions, and authority to authorize ES LEVELUP to use your Submitted Content as specified in these Terms and the Terms of Use;
• your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;
• you have the required qualifications, credentials, and expertise to teach and offer the services that you offer through your Submitted Content and use of the Services;
• 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 libelous content or information;
• post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation 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;
• 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;
• abuse ES LEVELUP resources, including support services.

 

License to ES LEVELUP

2.1 Submission Content

Course Submission: Instructors are invited to submit their courses for approval. ES LEVELPUP reserves the right to evaluate and approve submitted courses based on quality and appropriateness. You are not allowed to use your own logo to promote your other services.

Course Content: Instructors are solely responsible for the content they provide in their courses. Content should be accurate, up-to-date, and adhere to ethical standards.

You grant ES LEVELUP the rights detailed in the Terms of Use to offer, market, and otherwise exploit your Submitted Content. This includes the right to add captions or otherwise modify Submitted Content to ensure accessibility.

Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, ES LEVELUP'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 and (2) ES LEVELUP's right to use such Submitted Content for marketing purposes shall survive termination.

We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant ES LEVELUP 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 ES LEVELUP's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

 

Trust & Safety

3.1 Trust & Safety Policies

You agree to abide by Privacy Policy and other content quality standards or policies prescribed by ES LEVELUP 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 ES LEVELUP's approval, which we may grant or deny at our sole discretion.

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

• an instructor or content does not comply with our policies or legal terms (including the Terms of Use);
• content falls below our quality standards or has a negative impact on the student experience;
• an instructor engages in behavior that might reflect unfavorably on ES LEVELUP or bring ES LEVELUP into public disrepute, contempt, scandal, or ridicule;
• an instructor engages the services of a marketer or other business partner who violates ES LEVELUP'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 ES LEVELUP's policies; or
• as determined by ES LEVELUP in its sole discretion.

 

3.2 Co-Instructors and Teaching Assistants

The ES LEVELUP 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 ES LEVELUP account and Submitted Content. Violations of ES LEVELUP's terms and policies by your co-instructor or teaching assistant may also impact your ES LEVELUP account and Submitted Content. ES LEVELUP cannot 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 ES LEVELUP platform. You won't solicit additional personal data or store students' data outside the ES LEVELUP platform. You agree to indemnify ES LEVELUP against any claims arising from your use of students' 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 ES LEVELUP 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 ES LEVELUP and our anti-piracy vendor's primary authority to file notices on your behalf to enforce your copyright interests.

You agree that ES LEVELUP and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to eslevelup.online@gmail.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.

 

Pricing

4.1 Price Setting

When creating Submitted Content available for purchase on ES LEVELUP, you will be prompted to set a price ("Base Price") for your Submitted Content. Alternatively, you may choose to offer your Submitted Content for free. 

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 ES LEVELUP 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 ES LEVELUP's pricing tiers are available here.

When a student purchases through a mobile application, the mobile platform provider's pricing matrix will control, and we will choose the price tier closest to the applicable Base Price or Promotional Program price. Because mobile platforms impose their own currency conversion rates, conversions for mobile app prices may not match the conversions in the Price Tier Matrix.

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

 

4.2 Transaction Taxes

If a student purchases a product or service in a country that requires ES LEVELUP 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).

 

Payments

5.1 Revenue Share

Course Pricing: Instructors have the autonomy to set the price of their courses, subject to ES LEVELPUP's approval.

Revenue Sharing: ES LEVELPUP follows a revenue sharing model. Instructors will receive 70% of the revenue generated from course sales after deducting any applicable costs.

Cost Deductions: ES LEVELPUP reserves the right to deduct costs incurred in payment processing, transaction fees, and any promotions from the total revenue prior to revenue sharing.

When a student purchases your Submitted Content, we calculate the gross amount of the sale as the amount actually received by ES LEVELUP 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 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 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.

 

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

 

5.2 Receiving Payments

For us to pay you in a timely manner, you must own a Wise, PayPal account, or U.S. bank account (for U.S. residents only) in good standing and must keep us informed of the correct email associated with your account. You agree that we have the right to withhold appropriate taxes from your payments. You understand and agree that you are ultimately responsible for any taxes on your income.

Payment Period: Payouts to Instructors are processed on a regular basis, usually within a set period following the end of each month.

Minimum Payout: Instructors are entitled to a payout when their earnings reach $30

Payment Method: Payouts are typically processed through PayPal.

As an instructor, you are responsible for determining whether you are eligible to be paid by a Japanese company. You will be working with us as a contractor/freelacer.

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 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.

 

Trademarks

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

You must:

• only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
• only use our trademarks in connection with the promotion and sale of your Submitted Content available on Udemy or your participation on Udemy; 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.

 

Miscellaneous Legal Terms

7.1 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 ES LEVELUP 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.

 

7.2 Translations

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

 

7.3 Relationship Between Us

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

 

7.4 Survival

The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to ES LEVELUP), 3.3 (Relationship to Other Users), 5.3 (Receiving Payments), and 7 (Miscellaneous Legal Terms).

 

8. Changes to Terms

8.1 Amendment: ES LEVELPUP reserves the right to update or modify these terms as needed. Instructors will be notified of any changes, and their continued use of the Platform will signify their acceptance of the revised terms.

By proceeding as an Instructor on ES LEVELPUP, you acknowledge your understanding and agreement to these terms. These terms represent a legally binding agreement between Instructors and ES LEVELPUP.

Last Updated: August 12th, 2023

How to Contact Us

The best way to get in touch with us is to contact our Support Team at eslevelup.online@gmail.com. We'd love to hear your questions, concerns, and feedback about our Services.