1. Introduction & Acceptance of Terms
1.1. Welcome: Welcome to EduPeaks (the "Platform", "we", "us", "our"). This document (the "Terms" or "Agreement") sets forth the legally binding terms and conditions governing your access to and use of our website edupeaks.com, its associated mobile applications (the "Apps"), and all related services, features, and tools we offer (the "Services").
1.2. Binding Acceptance: By accessing or using the Services in any manner (including merely browsing or creating an account), you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our (incorporated herein by reference). If you do not agree to any part of these Terms or the Privacy Policy, you must immediately cease using the Services.
1.3. Eligibility: You must be of legal age to form a binding contract in your jurisdiction (typically 18 years or older) to use the Services and create an account. If you are using the Services on behalf of an organization or company, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Definitions
Platform/EduPeaks: Refers to the edupeaks.com website, its applications, and the services provided therethrough.
User/You: Any person or entity accessing or using the Services.
Instructor: A user who creates, offers, and sells educational content via the Platform.
Organization: An entity (company, school, training center) using the Platform to manage its instructors, students, or deliver internal/external training.
Student: A user who accesses or interacts with educational content on the Platform (whether registered independently or via an Organization).
Content: Any materials, data, or information uploaded, created, or provided through the Services, including courses, videos, texts, quizzes, assignments, posts, etc.
Account: The account created by a User to access certain features of the Platform.
Services: Includes the website, applications, and all functionalities and features offered by EduPeaks.
3. Accounts, Registration & Security
3.1. Account Creation: To access most Services, you may be required to create an Account. You agree to provide accurate, complete, and current information during the registration process and to update such information to keep it accurate, complete, and current.
3.2. Account Types: We may offer different types of accounts (e.g., Instructor, Student, Organization) with varying features and permissions.
3.3. Account Security: You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.
3.4. Account Responsibility: EduPeaks will not be liable for any loss or damage arising from your failure to comply with these account security requirements, including sharing your login credentials with third parties.
3.5. One Account Per User: Generally, a single user is not permitted to create or use more than one personal account without our written permission.
3.6. Platform's Right to Refuse or Suspend Accounts: We reserve the right to refuse the creation of any account or suspend or terminate any existing account, at our sole discretion, for reasons outlined in these Terms (especially in the Termination section).
4. Description of Services
4.1. Overview: The EduPeaks Platform provides a range of online tools and services to help Instructors and Organizations create educational content (such as video, text, and SCORM courses), host and manage it, deliver live classes and meetings, market and sell it to Students, and manage learning communities. The Platform also enables Students to access, interact with, and learn from this content.
4.2. Modification and Changes: We reserve the right to modify, update, or discontinue any part of our Services or features at any time, temporarily or permanently, with or without notice, at our sole discretion. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. (We may strive to notify users of material changes as outlined in the Privacy Policy).
4.3. Availability: While we strive to ensure the Services are continuously available, we do not guarantee that the Services will always be available or free from interruptions or errors. Availability may be affected by scheduled or emergency maintenance, or technical issues beyond our control.
5. User Rights & Obligations
5.1. All Users:
Lawful Use: You agree to use the Services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations.
Acceptable Conduct: You agree not to use the Services in a way that could harm the Platform or its other users, including uploading viruses, attempting unauthorized access, or engaging in fraudulent or abusive activity. (Prohibited content will be detailed later).
Content Responsibility: You are solely responsible for any content you create, upload, or share via the Platform and for the consequences thereof.
5.2. Instructors & Organizations:
Content Ownership: You retain all original intellectual property rights to the educational content you create and upload to the Platform.
License Grant to Platform: By uploading or creating content on the Platform, you grant EduPeaks a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify (for formatting and display purposes), display, perform, distribute, and publish your content to the extent necessary to operate, provide, improve, and promote the Services. This license includes our right to use limited samples of public content (as described in the Privacy Policy) for marketing and promotional purposes for the Platform. This license continues as long as your content remains on the Platform.
Content Responsibility: You represent and warrant that you have all necessary rights, licenses, and consents for your content, that it does not infringe upon any third-party rights (including copyright, trademark, privacy), and that it complies with our Acceptable Use policies.
Setting Prices & Terms: You are responsible for setting the prices for your courses and digital products (within the options provided by the Platform) and for communicating any specific terms related to them to Students.
Student Interaction: You are responsible for interacting with and providing necessary support to your Students regarding your course content.
Organization Account Management: If you are an Organization administrator, you are responsible for managing the users (instructors and students) added under your account and for their compliance with these Terms.
5.3. Students:
Limited Use License: When you purchase or enroll in a course or content on the Platform, you are granted a limited, non-exclusive, non-transferable, revocable license to access and view that content for your personal, non-commercial use only, subject to the terms set by the Instructor/Organization and this Agreement. You do not acquire ownership of the content.
Usage Restrictions: You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on the Platform in an unauthorized manner or in violation of these Terms. Sharing your login credentials to allow others access to paid content is strictly prohibited.
Community Conduct: If you participate in forums or other community features, you agree to do so respectfully and constructively and to comply with conduct rules.
6.1. Commitment to Acceptable Use: You agree not to use the Services for any unlawful purpose or any purpose prohibited by these Terms, or in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Services.
6.2. Prohibited Content: You are strictly prohibited from posting, uploading, or sharing any content via the Platform that:
Is unlawful or fraudulent: Violates any applicable local, national, or international laws or regulations.
Infringes Intellectual Property Rights: Violates the copyright, trademark, trade secret, patent, or other intellectual property rights of any third party.
Is defamatory, abusive, harassing, threatening, obscene, profane, or pornographic: Or contains any material deemed inappropriate, harmful, or objectionable at our sole discretion.
Includes hate speech or discrimination: Based on race, religion, gender, national origin, disability, sexual orientation, or any other legally prohibited basis.
Promotes dangerous or illegal activities: Such as promoting violence, illicit drug use, dangerous weapons, or any activity posing a risk to public safety.
Constitutes harassment or bullying: Towards other users or Platform staff.
Contains private or confidential information of another person without their permission.
Contains viruses, malicious code, or anything intended to damage, disable, or gain unauthorized access to systems or data.
Constitutes Spam, unsolicited marketing, or fraudulent schemes.
Promotes misuse of the Platform or circumvention of its features or limitations.
6.3. Content Responsibility: You are solely responsible for ensuring that the content you provide complies with these policies and applicable laws.
6.4. Platform's Right to Moderate: We reserve the right (but not the obligation) to review any content posted on the Platform and to remove any content, at our sole discretion and without prior notice, that we deem violates these Terms or is harmful to the Platform, its users, or the public. This does not mean we proactively monitor all content.
6.5. Reporting Violations: We encourage users to report any content or behavior they believe violates these Terms through available support channels.
7.1. Platform Ownership: The Services themselves, including but not limited to the website, applications, source code, design, interfaces, logos, the "EduPeaks" trademark, and content created by us, are the exclusive property of EduPeaks and its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks or logos without our prior written consent.
7.2. User Content Ownership: As stated above (in Section 5.2), you retain original copyright ownership of the content you create and upload.
7.3. Content License to Platform: You grant us the license described in Section 5.2 necessary to operate and promote the Service.
7.4. Use of Samples for Promotion: The User acknowledges and agrees that the Platform may use limited excerpts or samples of their publicly available content (such as course thumbnails, parts of public descriptions, logos of public organizations) in marketing and promotional materials for the Platform, provided such use does not infringe upon the User's core intellectual property rights and does not disclose confidential information.
7.5. Copyright Infringement Policy: We respect the intellectual property rights of others and expect our users to do the same. We have a policy for addressing notices of alleged copyright infringement that comply with applicable laws (such as the Digital Millennium Copyright Act - DMCA, if applicable). If you believe that content on the Platform infringes your copyright, please contact us [Provide info or link to DMCA policy/reporting mechanism]. We reserve the right to remove infringing content and terminate the accounts of repeat infringers.
8.1. Service Fees: Access to certain features or service levels may require payment of subscription fees (monthly or annual) and/or transaction commissions (on sales of courses, products, meeting bookings) as detailed on our Pricing Page.
8.2. Subscription Payment Terms: If you subscribe to a paid plan, you agree to pay all applicable fees according to the billing terms in effect at the time the fee is due. Subscriptions will automatically renew unless you cancel prior to the renewal date. You authorize us (or our third-party payment processor) to charge the applicable fees using the payment method you provided.
8.3. Price Changes: We reserve the right to change subscription fees or commission rates at any time. We will provide reasonable prior notice (typically via email or in-platform notification) of any price changes before they apply to your next billing cycle. Your continued use of the Services after a price change constitutes your agreement to the new fees.
8.4. Accurate Billing Information: You agree to provide current, complete, and accurate billing and payment information and to promptly update it if any changes occur.
8.5. Commissions on User Sales: You agree that EduPeaks will deduct the applicable commission percentage (as outlined in your plan and on the pricing page) from the gross revenue of your course, product, or booking sales made through the Platform before making the net earnings available for payout.
9. Taxes
9.1. Tax Responsibility: All stated fees are exclusive of any applicable taxes (such as Value Added Tax (VAT), sales tax, Goods and Services Tax (GST), or other taxes). You are solely responsible for determining, collecting, remitting, and reporting all applicable taxes associated with your sales or your use of the Services according to the laws of your jurisdiction(s). EduPeaks is not responsible for determining whether taxes apply to your transactions or for collecting or remitting them on your behalf, unless explicitly required by applicable law in a specific jurisdiction. We strongly recommend consulting a tax professional.
10. Payouts
10.1. Payout Mechanism: For Instructors and Organizations selling content via the Platform, net earnings (after deduction of Platform commissions and payment gateway fees) will accumulate in your account balance. You can request a withdrawal of your available balance subject to our payout policies, minimum withdrawal thresholds, and available payout methods (e.g., Bank Transfer, or any ather method - to be clearly specified).
10.2. Payout Timing & Clearing Periods: The availability of funds for withdrawal may be subject to clearing periods imposed by payment gateways or our risk management policies. Estimated payout timelines will be communicated.
10.3. Correct Payout Information: You are responsible for providing correct and accurate payout account information. We will not be liable for any losses resulting from incorrect information provided by you.
11. Refund Policy
11.1. Subscription Refunds: Paid subscription fees are typically non-refundable once a billing period has commenced, unless otherwise required by law or at our sole discretion under exceptional circumstances. Upon cancellation, access you cant continues until the end of the paid period.
11.2. Course/Product Refunds: Instructors and Organizations are the sellers of record for their courses and products. They may set their own refund policy for their courses (if allowed by the platform). However, EduPeaks reserves the right to process refunds to students in certain situations (such as confirmed fraud, non-delivery of service, or as required by payment gateways). Any processed refunds may be deducted from the Instructor/Organization's earnings balance.
12. Consequences of Violations & Forfeiture of Funds
12.1. Remedial Actions: In case of violation of these Terms or our other policies, we reserve the right to take actions we deem appropriate, which may include (but are not limited to): issuing a warning, removing violating content, suspending your access to certain features, temporarily suspending your account, or permanently terminating your account (as detailed in the Termination section).
12.2. Forfeiture of Funds: In cases of material, intentional, and/or repeated violations of these Terms or the Acceptable Use Policy (including, but not limited to: fraud, blatant intellectual property infringement, posting harmful or illegal content), and after attempting to issue at least one warning to the user (where feasible and practical without exposing the Platform or other users to risk), EduPeaks reserves the right, at its absolute discretion, to forfeit or seize any remaining unpaid financial balances in the violating user's account. This action is considered a partial liquidation of damages or administrative/legal costs the Platform may incur due to such violations. The user explicitly acknowledges and agrees that in such instances, they forfeit their right to claim these seized funds. Continued use of the Platform constitutes implicit agreement to this clause.
13. Disclaimer of Warranties
13.1. "as is" and "as available": your use of the services is at your sole risk. the services are provided on an "as is" and "as available" basis. edupeaks and its affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13.2. no operational warranty: we make no warranty that the services will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the services will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.
13.3. no content warranty: we do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, statement, or user content displayed or distributed through the services. you understand that you may be exposed to content that may be inaccurate, offensive, or objectionable.
14. Limitation of Liability
14.1. maximum liability: you expressly understand and agree that edupeaks and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if edupeaks has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service.
14.2. exclusions: some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.
15. Indemnification
You agree to indemnify, defend, and hold harmless EduPeaks, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and litigation costs) that such parties may incur as a result of or arising from (a) any information (including your Content) you submit, post, or transmit through the Services, (b) your use of the Services, (c) your violation of these Terms, (d) your violation of any rights of another, or (e) your violation of any applicable laws or regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. Termination
16.1. Termination by You: You may stop using the Services and close your account at any time by following the procedures outlined in your account settings or contacting support.
16.2. Termination by Us: We may, in our sole discretion, suspend or terminate your account and access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to, (a) breaches or violations of these Terms or other incorporated agreements or policies, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities.
16.3. Effect of Termination: Upon termination of your account, your right to use the Services will immediately cease. We may, at our discretion, permanently delete your account information and associated Content. We will not be liable to you or any third party for any termination of your access to the Services or deletion of your information or Content. (Unless otherwise required by law regarding data retention). Any fees paid hereunder are generally non-refundable upon termination.
17. Dispute Resolution & Governing Law
17.1. Initial Contact: In the event of any dispute between you and EduPeaks, you agree to first contact us at [email protected] and attempt to resolve the dispute informally.
17.2. Governing Law: These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the Arab Republic of Egypt, without regard to its conflict of law principles.
17.3. Exclusive Jurisdiction: You hereby irrevocably and unconditionally consent to the exclusive jurisdiction of the competent courts located within the Arab Republic of Egypt for any action, suit, or proceeding arising out of or relating to these Terms or your use of the Services. You waive any objection to the venue or convenience of such courts.
18. General Provisions
18.1. Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire and exclusive understanding and agreement between you and EduPeaks regarding the Services, and supersede and cancel all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
18.2. Severability: If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, it shall be severed. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.
18.3. No Waiver: The failure of either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.
18.4. Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
18.5. Changes to Terms: We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any time. We will post the updated version on our website and update the "Last Updated" date. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. We may, but are not obligated to, provide notice of material changes.
19. Contact Information
If you have any questions about these Terms, please contact us at [email protected] or use our our contact page.
