TERMS AND RULES
These Terms and rules were last updated on June 20, 2022.
mission is to improve lives through learning. We enable anyone anywhere to
create and share educational content (instructors) and to access that educational
content to learn (students). We consider our marketplace model the best way to
offer valuable educational content to our users. We need rules to keep our
platform and services safe for you, us, and our student and instructor
community. These Terms apply to all your activities on the Smart channel
website, the Smart channel mobile applications, our APIs, and other related
If you publish a
course on the Smart channel platform, you must also agree to the Instructor
Terms. We also
provide details regarding our processing of personal data of our students and
Table of Contents
● 1. Accounts
● 2. Content Enrollment and Lifetime
● 3. Content and Behavior Rules
● 4. Smart channel’s Rights to Content You
● 5. Using Smart channel at Your Own Risk
● 6. Smart channel’s Rights
● 7. Subscription Terms
● 8. Miscellaneous Legal Terms
● 9. Dispute Resolution
● 10. Updating These Terms
11. How to Contact Us
You need an account for most
activities on our platform. Keep your password somewhere safe, because you’re
responsible for all activity associated with your account. If you suspect someone
else is using your account, let us know by contacting our Support
Team. You must
have reached the age of consent for online services in your country to use
You need an
account for most activities on our platform, including to purchase and access
content or to submit content for publication. When setting up and maintaining
your account, you must provide and continue to provide accurate and complete
information, including a valid email address. You have complete responsibility
for your account and everything that happens on your account, including for any
harm or damage (to us or anyone else) caused by someone using your account
without your permission. This means you need to be careful with your password.
You may not transfer your account to someone else or use someone else’s
account. If you contact us to request access to an account, we will not grant
you such access unless you can provide us with the information that we need to
prove you are the owner of that account. In the event of the death of a user,
the account of that user will be closed.
You may not
share your account login credentials with anyone else. You are responsible for
what happens with your account and Smart channel will not intervene in disputes
between students or instructors who have shared account login credentials. You
must notify us immediately upon learning that someone else may be using your
account without your permission (or if you suspect any other breach of
security) by contacting our Support Team. We may request some information from
you to confirm that you are indeed the owner of your account.
instructors must be at least 18 years of age to create an account on Smart
channel and use the Services. If you are younger than 18 but above the required
age for consent to use online services where you live (for example, 13 in the
US or 16 in Ireland), you may not set up an account, but we encourage you to
invite a parent or guardian to open an account and help you access content that
is appropriate for you. If you are below this age of consent to use online
services, you may not create a Smart channel account. If we discover that you
have created an account that violates these rules, we will terminate your
account. Under our Instructor Terms, you may be requested to verify your
identity before you are authorized to submit content for publication on Smart
when you terminate your account.
2. Content Enrollment and Lifetime
When you enroll in a course
or other content, you get a license from us to view it via the Smart channel
Services and no other use. Don’t try to transfer or resell content in any way.
We generally grant you a lifetime access license, except when we must disable
the content because of legal or policy reasons or for enrollments via
Under our Instructor
Terms, when instructors publish content on Smart channel, they grant Smart
channel a license to offer a license to the content to students. This means that
we have the right to sublicense the content to enrolled students. As a student,
when you enroll in a course or other content, whether it’s free or paid
content, you are getting a license from Smart channel to view the content via
the Smart channel platform and Services, and Smart channel is the licensor of
record. Content is licensed, and not sold, to you. This license does not give
you any right to resell the content in any manner (including by sharing account
information with a purchaser or illegally downloading the content and sharing
it on torrent sites).
In legal, more
complete terms, Smart channel grants you (as a student) a limited,
non-exclusive, non-transferable license to access and view the content for
which you have paid all required fees, solely for your personal,
non-commercial, educational purposes through the Services, in accordance with
these Terms and any conditions or restrictions associated with the particular
content or feature of our Services. All other uses are expressly prohibited.
You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent,
share, lend, modify, adapt, edit, create derivative works of, sublicense, or
otherwise transfer or use any content unless we give you explicit permission to
do so in a written agreement signed by a Smart channel authorized
representative. This also applies to content you can access via any of our
give a lifetime access license to our students when they enroll in a course or
other content. However, we reserve the right to revoke any license to access
and use any content at any point in time in the event where we decide or are
obligated to disable access to the content due to legal or policy reasons, for
example, if the course or other content you enrolled in is the object of a
copyright complaint, or if we determine it violates our Trust
& Safety Guidelines. This lifetime access license does not apply to enrollments via
Subscription Plans or to add-on features and services associated with the
course or other content you enroll in. For example, instructors may decide at
any time to no longer provide teaching assistance or Q&A services in
association with the content. To be clear, the lifetime access is to the course
content but not to the instructor.
not grant licenses to their content to students directly, and any such direct
license shall be null and void and a violation of these Terms.
3. Content and Behavior Rules
You can only use Smart
channel for lawful purposes. You’re responsible for all the content that you
post on our platform. You should keep the reviews, questions, posts, courses and
other content you upload in line with our Trust &
Safety Guidelines and the law, and respect the intellectual property rights of
others. We can ban your account for repeated or major offenses. If you think
someone is infringing your copyright on our platform, let us know.
You may not
access or use the Services or create an account for unlawful purposes. Your use
of the Services and behavior on our platform must comply with applicable local
or national laws or regulations of your country. You are solely responsible for
the knowledge of and compliance with such laws and regulations that are
applicable to you.
If you are a
student, the Services enable you to ask questions to the instructors of courses
or other content you are enrolled in, and to post reviews of content. For
certain content, the instructor may invite you to submit content as “homework”
or tests. Don’t post or submit anything that is not yours.
If you are an
instructor, you can submit content for publication on the platform and you can
also communicate with the students who have enrolled in your courses or other
content. In both cases, you must abide by the law and respect the rights of
others: you cannot post any course, question, answer, review or other content
that violates applicable local or national laws or regulations of your country.
You are solely responsible for any courses, content, and actions you post or
take via the platform and Services and their consequences. Make sure you
understand all the copyright restrictions set forth in the Instructor
you submit any content for publication on Smart channel.
If we are put on
notice that your course or content violates the law or the rights of others
(for example, if it is established that it violates intellectual property or
image rights of others, or is about an illegal activity), if we discover that
your content or behavior violates our Trust &
or if we believe your content or behavior is unlawful, inappropriate, or
objectionable (for example if you impersonate someone else), we may remove your
content from our platform. Smart channel complies with copyright laws. Check
out our Intellectual Property Policy for more details.
has discretion in enforcing these Terms and our Trust &
We may restrict or terminate your permission to use our platform and Services
or ban your account at any time, with or without notice, for any or no reason,
including for any violation of these Terms, if you fail to pay any fees when
due, for fraudulent chargeback requests, upon the request of law enforcement or
government agencies, for extended periods of inactivity, for unexpected
technical issues or problems, if we suspect that you engage in fraudulent or
illegal activities, or for any other reason in our sole discretion. Upon any
such termination we may delete your account and content, and we may prevent you
from further access to the platforms and use of our Services. Your content may
still be available on the platforms even if your account is terminated or
suspended. You agree that we will have no liability to you or any third party
for termination of your account, removal of your content, or blocking of your
access to our platforms and services.
If a user has
published content that infringes your copyright or trademark rights, please let
us know. Our Instructor Terms require our instructors to follow the
law and respect the intellectual property rights of others. For more details on
how to file a copyright or trademark infringement claim with us, see our Intellectual
4. Smart channel’s Rights to Content You
You retain ownership of
content you post to our platform, including your courses. We’re allowed to
share your content to anyone through any media, including promoting it via advertising
on other websites.
The content you
post as a student or instructor (including courses) remains yours. By posting
courses and other content, you allow Smart channel to reuse and share it but
you do not lose any ownership rights you may have over your content. If you are
an instructor, be sure to understand the content licensing terms that are
detailed in the Instructor Terms.
When you post
content, comments, questions, reviews, and when you submit to us ideas and
suggestions for new features or improvements, you authorize Smart channel to
use and share this content with anyone, distribute it and promote it on any
platform and in any media, and to make modifications or edits to it as we see
language, by submitting or posting content on or through the platforms, you
grant us a worldwide, non-exclusive, royalty-free license (with the right to
sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit,
display, and distribute your content (including your name and image) in any and
all media or distribution methods (existing now or later developed). This
includes making your content available to other companies, organizations, or
individuals who partner with Smart channel for the syndication, broadcast,
distribution, or publication of content on other media, as well as using your
content for marketing purposes. You also waive any rights of privacy,
publicity, or other rights of a similar nature applicable to all these uses, to
the extent permissible under applicable law. You represent and warrant that you
have all the rights, power, and authority necessary to authorize us to use any
content that you submit. You also agree to all such uses of your content with
no compensation paid to you.
5. Using Smart channel at Your Own Risk
Anyone can use Smart channel
to create and publish content and instructors and we enable instructors and
students to interact for teaching and learning. Like other platforms where
people can post content and interact, some things can go wrong, and you use
Smart channel at your own risk.
model means we do not review or edit the content for legal issues, and we are
not in a position to determine the legality of content. We do not exercise any
editorial control over the content that is available on the platform and, as
such, do not guarantee in any manner the reliability, validity, accuracy, or
truthfulness of the content. If you access content, you rely on any information
provided by an instructor at your own risk.
By using the Services, you may be exposed to content that you
consider offensive, indecent, or objectionable. Smart channel has no
responsibility to keep such content from you and no liability for your access
or enrollment in any course or other content, to the extent permissible under
applicable law. This also applies to any content relating to health, wellness,
and physical exercise. You acknowledge the inherent risks and dangers in the
strenuous nature of these types of content, and by accessing such content you
choose to assume those risks voluntarily, including risk of illness, bodily
injury, disability, or death. You assume full responsibility for the choices
you make before, during, and after your access to the content.
interact directly with a student or an instructor, you must be careful about
the types of personal information that you share. While we restrict the types
of information instructors may request from students, we do not control what
students and instructors do with the information they obtain from other users
on the platform. You should not share your email or other personal information
about you for your safety.
We do not hire
or employ instructors nor are we responsible or liable for any interactions
involved between instructors and students. We are not liable for disputes,
claims, losses, injuries, or damage of any kind that might arise out of or
relate to the conduct of instructors or students.
When you use our
Services, you will find links to other websites that we don’t own or control.
We are not responsible for the content or any other aspect of these third-party
sites, including their collection of information about you. You should also
read their terms and conditions and privacy policies.
6. Smart channel’s Rights
We own the Smart channel platform
and Services, including the website, present or future apps and services, and
things like our logos, API, code, and content created by our employees. You
can’t tamper with those or use them without authorization.
title, and interest in and to the Smart channel platform and Services,
including our website, our existing or future applications, our APIs,
databases, and the content our employees or partners submit or provide through
our Services (but excluding content provided by instructors and students) are
and will remain the exclusive property of Smart channel and its licensors. Our
platforms and services are protected by copyright, trademark, and other laws.
Nothing gives you a right to use the Smart channel name or any of the Smart
channel trademarks, logos, domain names, and other distinctive brand features.
Any feedback, comments, or suggestions you may provide regarding Smart channel
or the Services is entirely voluntary and we will be free to use such feedback,
comments, or suggestions as we see fit and without any obligation to you.
You may not do
any of the following while accessing or using the Smart channel platform and
access, tamper with, or use non-public areas of the platform
(including content storage), Smart channel’s computer systems, or the technical
delivery systems of Smart channel’s service providers.
disable, interfere with, or try to circumvent any of the
features of the platforms related to security or probe, scan, or test the
vulnerability of any of our systems.
copy, modify, create a derivative work of, reverse engineer,
reverse assemble, or otherwise attempt to discover any source code of or
content on the Smart channel platform or Services.
access or search or attempt to access or search our platform by
any means (automated or otherwise) other than through our currently available
search functionalities that are provided via our website, mobile apps, or API
(and only pursuant to those API terms and conditions). You may not scrape,
spider, use a robot, or use other automated means of any kind to access the
● in any way use the Services
to send altered, deceptive, or false source-identifying information (such as
sending email communications falsely appearing as Smart channel); or interfere
with, or disrupt, (or attempt to do so), the access of any user, host, or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the platforms or services, or in any other manner
interfering with or creating an undue burden on the Services.
7. Subscription Terms
covers additional terms that apply to your use of our subscription-based
collections as a student (“Subscription
Plans”). By using a Subscription Plan, you agree to the additional terms in
7.1 Subscription Plans
subscription to a Subscription Plan, you get a limited, non-exclusive,
non-transferable license from us to access and view the content included in
that Subscription Plan via the Services. With the exception of the lifetime
access license grant, the terms included in the “Content Enrollment and
Lifetime Access” section above apply to enrollments via Subscription Plans.
that you purchase or renew determines the scope, features, and price of your
access to a Subscription Plan. You may not transfer, assign, or share your
subscription with anyone else.
We reserve the
right to revoke any license to use the content in our Subscription Plans for
legal or policy reasons at any time and at our sole discretion, such as if we
no longer have the right to offer the content through a Subscription Plan.
7.2 Account Management
You may cancel
your subscription by following the steps outlined on our Support Page. If
you cancel your subscription to a Subscription Plan, your access to that
Subscription Plan will automatically end on the last day of your billing
period. On cancellation, you will not be entitled to receive a refund or credit
of any fees already paid for your subscription, unless otherwise required by
applicable law. For clarity, cancellation of a subscription does not terminate
your Smart channel account.
7.3 Free Trials & Renewals
subscription may start with a free trial. The duration of the free trial period
of your subscription will be specified during sign-up. Smart channel determines
free trial eligibility at our sole discretion and may limit eligibility or
duration. We reserve the right to terminate the free trial and suspend your
subscription if we determine that you aren’t eligible.
We will charge
the subscription fee for your next billing cycle at the end of the free trial
period. Your subscription will automatically renew according to your
subscription settings (e.g., monthly or annually) unless you cancel your
subscription prior to the end of the free trial period. For more information on
how to view applicable fees and dates of your free trial period, visit
our Support Page.
7.4 Subscription Disclaimers
We make no
guarantees as to the availability of any specific content in any Subscription
Plan or as to any minimum amount of content in any Subscription Plan. At any
point in the future, we reserve the right to offer or cease to offer additional
features to any Subscription Plan, or to otherwise modify or terminate a Subscription
Plan at our sole discretion. These disclaimers are in addition to those listed
in the “Disclaimers” section below.
8. Miscellaneous Legal Terms
These Terms are like any
other contract, and they have boring but important legal terms that protect us
from the countless things that could happen and that clarify the legal
relationship between us and you.
8.1 Binding Agreement
You agree that
by registering, accessing, or using our Services, you are agreeing to enter
into a legally binding contract with Smart channel. If you do not agree to
these Terms, do not register, access, or otherwise use any of our Services.
If you are an
instructor accepting these Terms and using our Services on behalf of a company,
organization, government, or other legal entity, you represent and warrant that
you are authorized to do so.
(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.
Even if we are
delayed in exercising our rights or fail to exercise a right in one case, it
doesn’t mean we waive our rights under these Terms, and we may decide to
enforce them in the future. If we decide to waive any of our rights in a
particular instance, it doesn’t mean we waive our rights generally or in the
It may happen
that our platform is down, either for planned maintenance or because something
goes down with the site. It may happen that one of our instructors is making
misleading statements in their content. It may also happen that we encounter
security issues. These are just examples. You accept that you will not have any
recourse against us in any of these types of cases where things don’t work out
right. In legal, more complete language, the Services and their content are provided on an “as is” and “as
available” basis. We (and our affiliates, suppliers, partners, and agents) make
no representations or warranties about the suitability, reliability,
availability, timeliness, security, lack of errors, or accuracy of the Services
or their content, and expressly disclaim any warranties or conditions (express
or implied), including implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. We (and our affiliates,
suppliers, partners, and agents) make no warranty that you will obtain specific
results from use of the Services. Your use of the Services (including any
content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion
of implied warranties, so some of the above exclusions may not apply to you.
We may decide to
cease making available certain features of the Services at any time and for any
reason. Under no circumstances will Smart channel or its affiliates, suppliers,
partners or agents be held liable for any damages due to such interruptions or
lack of availability of such features.
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.
8.3 Limitation of Liability
There are risks
inherent to using our Services, for example, if you access health and wellness
content like yoga, and you injure yourself. You fully accept these risks and
you agree that you will have no recourse to seek damages against even if you
suffer loss or damage from using our platform and Services. In legal, more
complete language, to the
extent permitted by law, we (and our group companies, suppliers, partners, and
agents) will not be liable for any indirect, incidental, punitive, or
consequential damages (including loss of data, revenue, profits, or business
opportunities, or personal injury or death), whether arising in contract,
warranty, tort, product liability, or otherwise, and even if we’ve been advised
of the possibility of damages in advance. Our liability (and the liability of
each of our group companies, suppliers, partners, and agents) to you or any
third parties under any circumstance is limited. Some jurisdictions don’t allow
the exclusion or limitation of liability for consequential or incidental
damages, so some of the above may not apply to you.
If you behave in
a way that gets us in legal trouble, we may exercise legal recourse against
you. You agree to indemnify, defend (if we so request), and hold harmless Smart
channel, our group companies, and their officers, directors, suppliers,
partners, and agents from an against any third-party claims, demands, losses,
damages, or expenses (including reasonable attorney fees) arising from (a) the
content you post or submit, (b) your use of the Services (c) your violation of
these Terms, or (d) your violation of any rights of a third party. Your
indemnification obligation will survive the termination of these Terms and your
use of the Services.
8.5 Governing Law and
When these Terms
mention “Smart channel,” they’re
referring to the Smart channel entity that you’re contracting with.
If you’re a
student located in any geographical region, or if you’re accessing our Services
as an instructor, you’re contracting with Smart channel, and these Terms are
governed by the laws of the Republic of Moldova without reference to its choice
or conflicts of law principles.
8.6 Legal Actions and Notices
regardless of form, arising out of or relating to this Agreement may be brought
by either party more than one (1) year after the cause of action has accrued,
except where this limitation cannot be imposed by law.
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).
8.7 Relationship Between Us
You and we agree
that no joint venture, partnership, employment, contractor, or agency
relationship exists between us.
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.
9. Dispute Resolution
If there’s a dispute,
our Support Team is happy to help resolve the issue.
9.1 Small Claims
Either of us can
bring a claim in small claims court in civil court of the Republic of Moldova ,
as long as it qualifies to be brought in that court.
9.2 No Class Actions
We both agree
that we can each only bring claims against the other on an individual basis.
This means that neither of us can bring a claim as a plaintiff or class member
in a class action, consolidated action, or representative action. If a court
decides that this “No class actions” clause isn’t enforceable or valid, then
this “Dispute Resolution” section will be null and void, but the rest of the
Terms will still apply.
10. 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 Smart channel
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
use of our Services after changes become effective shall mean that you accept
those changes. Any revised Terms shall supersede all previous Terms.
11. How to Contact Us
The best way to
get in touch with us is to contact our Support Team [email protected]. We’d love to hear your
questions, concerns, and feedback about our Services.
teaching and learning with us!