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AppleSmart Association Member Regulations and Legal Disclaimers

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AppleSmart Association Member Regulations and Legal Disclaimers

Introduction:

By accessing and utilizing the Applesmart platform (hereinafter referred to as “the Platform”), all individuals (“Members”), including but not limited to teachers, course creators (if applicable), acknowledge and agree to comply with the following terms and conditions. These regulations are established to maintain a professional, secure, and legally compliant environment for the development, delivery, and distribution of educational content. Applesmart reserves the right to modify, amend, or update these terms at its sole discretion, with such modifications becoming effective immediately upon publication. It is the responsibility of each Member to review these terms regularly.

1. Course Development and Pricing

Members are encouraged to create and develop well-structured, high-quality educational courses or videos that adhere to Applesmart’s educational standards and guidelines. Members have the discretion to set pricing for their courses or videos, provided such pricing is in compliance with Applesmart’s pricing policies outlined below. All content must maintain a professional standard and uphold ethical conduct, ensuring it is free from any offensive, illegal, or harmful material.

Responsibilities of Members:

  • Class Attendance and Punctuality:Teachers must ensure that they attend scheduled classes and notify students in advance if they are unable to attend. Failure to notify in a timely manner or repeated absences without valid justification may result in penalties, including temporary suspension or termination of their account. Any instance of tardiness must be compensated for by extending class duration or providing additional materials to ensure full educational delivery.
  • Non-Compliance Penalties:Members failing to meet these obligations, whether through absence, unnotified tardiness, or failure to ensure full class delivery, shall be subject to disciplinary measures, including warnings, fines, or suspension of Platform privileges.

 

2. Revenue Share

Revenue generated from the sale of courses or videos will be distributed according to the following structure:

  • Standard Revenue Share:Applesmart retains 40%, and the Member receives 60% of the revenue.
  • Performance-Based Adjustments:If a Member’s course remains a best-seller for six consecutive months, the revenue share for that course increases to 70%, and after two consecutive years of best-seller status, the Member’s share increases to 80%.
  • Private One-on-One and One-on-Two Classes:For private one-on-one and one-on-two classes, the Member will receive 75% of the revenue, and Applesmart will retain 25%.

Modification of Revenue Split: Applesmart reserves the right to modify revenue-sharing percentages or any related structures at its sole discretion, with prior notice to affected Members.

 

3. Content Standards

All content, including courses, videos, and other educational materials, must comply with the following standards:

  • Educational Value:All content must provide legitimate educational value, presented in a professional manner that reflects the standards expected in an academic environment. Content must be free from harmful, offensive, or otherwise inappropriate material.
  • Compliance with Laws and Ethics:All content must be consistent with applicable laws, regulations, and ethical standards. It must not promote violence, hatred, discrimination, or any form of unlawful, harmful, or subversive conduct.
  • Intellectual Property and Liability for Infringement:In the event that any content uploaded by Members, including courses, teaching materials, or videos, infringes upon intellectual property rights, portrait rights, or any other rights of third parties, Applesmart School shall bear no responsibility for such infringements. Members are solely responsible for ensuring that their content does not violate the intellectual property or personal rights of others. Any legal actions, claims, or liabilities arising from such infringements shall be fully borne by the Member, and Applesmart School shall not be held liable in any way.

Enforcement and Supervision: Applesmart reserves the right to perform periodic audits of all content to ensure compliance with the platform’s established standards. Any content found to be in violation of these standards may be removed, and the Member responsible may face penalties, including suspension or termination of their account. Due to the large volume of teaching materials and videos uploaded, Applesmart cannot guarantee that all content will be reviewed for potential harmful or illegal material prior to being posted on the platform. Members are solely responsible for ensuring that the content they upload complies with all applicable laws and regulations. Any legal liabilities arising from the posting of illegal content will be the sole responsibility of the Member, and Applesmart shall bear no liability in this regard.

 

4. Age Appropriateness

Courses and videos must be suitable for individuals aged 4 and older. Members are required to specify the appropriate age group for each course or video and ensure that the content aligns with that age group.

Penalties for Misrepresentation: Any failure to meet age-appropriateness standards, including misrepresentation of content’s suitability, may result in content removal and suspension of the Member’s account. Repeated violations may lead to more severe penalties.

 

5. Teacher Conduct and Legal Protections

  • Non-Discrimination:Teachers must ensure that they provide equal opportunities for all students, regardless of their race, ethnicity, gender, religion, disability, or socioeconomic status. This applies to content delivery, assessments, and classroom management. All students must be treated with dignity and respect in a non-biased, equitable environment.
  • Intellectual Property and Copyright Compliance:Teachers must avoid using copyrighted material without obtaining proper permission. This includes textbooks, videos, online resources, and software. Teachers must ensure that all content used within their courses respects the intellectual property rights of others.
  • Appropriate Content and Behavior:Teachers must ensure that the content they teach is age-appropriate, respectful, and does not contain offensive, harmful, or inappropriate material. Furthermore, teachers are expected to engage in positive teacher-student interactions to prevent harassment, bullying, or any form of misconduct, ensuring that all students feel safe and respected at all times.
  • Disciplinary Actions and Due Process:Any suspension, expulsion, or disciplinary action taken against students must comply with local laws, which often require the involvement of parents or guardians and the provision of fair hearings. Teachers must follow legal procedures and ensure that students’ rights are protected throughout the process.
  • Student Assessment and Grading:Teachers must follow fair, transparent, and ethical processes when assessing and grading students. All assessments must be valid, reliable, and aligned with learning objectives. Teachers are expected to ensure that grading reflects students’ academic performance accurately and fairly.

 

6. Pricing Guidelines

    • Online Courses:The price range for online courses must be between CAD $0 and CAD $500 per student, per lesson.
    • Videos:The price range for videos must be between CAD $0 and CAD $50 per student, per lesson.

Pricing Adjustments: If Applesmart determines that a Member’s course or video is priced above market standards, unreasonable in relation to the content, or otherwise inconsistent with the value of the product, the school reserves the right to suggest a re-pricing. Members are required to adjust the pricing within three (3) working days of receiving such a suggestion. Failure to re-price within this period will authorize Applesmart to modify the price without prior consent from the Member, in order to protect the platform’s integrity, maintain fairness in pricing, and ensure market competitiveness.

Requests for Pricing Exceptions: If a Member believes their pricing should exceed the set limits, they may submit a formal request with a detailed justification. Applesmart reserves the right to approve or deny such requests at its sole discretion, based on factors such as market conditions, demand, and other relevant considerations.

 

7. Course Requirements

Each course must include:

  • Syllabus:A clear and detailed syllabus outlining course objectives, structure, and expected outcomes.
  • Supplementary Materials:Optional materials, such as introductory videos or course descriptions, to provide further clarification on the course content.

Supervision and Quality Control: Applesmart reserves the right to review and audit course materials for completeness and compliance with these requirements. Failure to meet these standards may result in content removal or suspension of the Member’s account.

 

8. Content Accuracy

Course and video descriptions must accurately reflect the content provided. The duration and scope of the course or video must be truthful and align with the actual content. Any discrepancies or misrepresentations may lead to penalties, including removal of content or account suspension.

 

9. Online Course Setup

For live online instruction, Applesmart provides a unified Zoom classroom for Members and their students. A monthly fee of CAD $35 will be charged to Members for this service, deducted from the Member’s earnings. This fee may be subject to annual adjustments based on Applesmart’s discretion.

  • Zoom Class Recordings:All online courses conducted via Zoom will be automatically recorded. These recordings will be the property of Applesmart and may be used for educational purposes, content distribution, marketing, or promotional activities. Members acknowledge that they do not retain ownership of these recordings.

 

10. Content Ownership and Rights

    • Ownership:All content, including courses, videos, and Zoom recordings, published on the Platform is owned by Applesmart. Members retain the right to earn revenue from their content but do not maintain ownership outside of the Platform.
    • Revenue Continuity:If a Member discontinues their teaching activities, they may continue to earn revenue from courses and videos that remain active on the Platform.
    • Sabbatical Leave:Members have the option to take a sabbatical from teaching upon the completion of all their current courses. This flexible leave allows members to return to teaching at their convenience, while continuing to generate income from their existing content during their absence. This arrangement ensures ongoing revenue without compromising future opportunities to re-engage with the platform.

 

11. Prohibition on Personal Contact Information

Members are prohibited from sharing personal contact information on the Platform, contacting students outside of the Platform, or engaging in any private business transactions with students, including offering tutoring services independently of the Platform.

Penalties for Violation: Violations of this policy may result in immediate suspension or termination of the Member’s account, as well as the forfeiture of any accrued earnings.

 

12. Content Removal

Applesmart reserves the right to remove any content at its sole discretion, without prior notice. Reasons for removal may include non-compliance with content standards, violations of law or ethics, or failure to meet Applesmart’s quality criteria.

Due Process: Members will be notified of any content removal, and they may appeal the decision if they believe the removal was unjustified. Repeated violations may result in account suspension or termination.

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13. Additional Fees for Selling Program Videos

    • Selling Program Videos:Members who sell program videos will be charged a monthly fee of CAD $10, which will be deducted from their earnings.
    • Combined Fee for Selling Videos and Conducting Zoom Classes:Members who both conduct live Zoom classes and sell program videos will be charged a combined monthly fee of CAD $35, also deducted from their earnings.

These fees may be subject to annual adjustments at the discretion of Applesmart.

 

14. Legal Disclaimer

    • General Liability:Applesmart and its affiliates, employees, or contractors shall not be held liable for any inappropriate or harmful conduct by members, teachers, or other users of the Platform. Teachers, and Members are independent contractors and are solely responsible for their own actions and content.
    • User Responsibility:Each Member, teacher, and user is fully responsible for their behavior, interactions, and any content they create or distribute. Members must comply with all applicable laws, ethical standards, and the Platform’s terms of service.
    • Indemnification:By using the Platform, all users agree to indemnify and hold harmless Applesmart, its owners, affiliates, and related parties from any claims, damages, or legal actions resulting from their conduct, interactions, or content provided on the Platform.
    • Reporting Violations:Applesmart encourages users to report any instances of inappropriate behavior or content. The Platform will review such reports but is not responsible for actions that occur outside its direct control.

 

15. Limitation of Liability

Applesmart does not guarantee continuous or uninterrupted access to the Platform or its services. In no event shall Applesmart be liable for indirect, incidental, special, or consequential damages, including but not limited to loss of data, business interruptions, or personal injury, arising from the use of or inability to use the Platform, even if advised of the possibility of such damages.

Applesmart reserves the right to amend or revise these terms at its sole discretion, with such changes becoming effective immediately upon publication. Members are encouraged to review these terms periodically to remain informed of any updates.

Acceptance of Terms

By accessing or using the Applesmart Platform, all Members, teachers, volunteers, and their parents or legal guardians (if applicable) confirm that they have read, understood, and agree to the terms set forth in this document.

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