Thank you for using K’TA Institute!

K’TA Institute. (“K’TA”) is a Florida Company. In these Terms of Use, we will reference ourselves as “K’TA Institute” or “we/us.” This document sets out the terms for the use of our Platform. Our platform can be found at https://ktainstitute.com and also includes all of the subdomains, mobile applications, any other media, location, application, etc., owned, managed or otherwise operated by K’TA Institute. When referring to the infrastructure in these Terms, we will be collectively referring to them as the “Platform”.

Our Terms of Use (“Terms”) also includes our House Rules, Privacy Policy, Cookies Policy, Data Processing Agreement, Content Guidelines, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Teachable platform.

When we refer to “You” or “User”, we mean the entity you represent in accepting these Terms, or, if that does not apply, you individually. If you are accepting on behalf of your employer, your company, or another entity, you represent and warrant that (i) you have the full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understood these Terms; and (iii) you agree to these Terms on behalf of the party you represent.

By using our Platform in any manner, You are expressly agreeing to, and give Your consent to be governed by, these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use or access the Platform in any manner.

1. THE SERVICES PROVIDED BY K’TA INSTITUTE

1.1 The Teachable Platform and K’TA Institute Services

K’TA Institute provides an open online content creation platform designed to allow content creators (“Creators”) to build, design, publish, and sell courses, coaching offerings (“Coaching”) and other services to their end users (“Students”). K’TA Institute provides each Creator with a dedicated K’TA Institute environment (“school”) to host and offer their services. K’TA Institute offers this content creation platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and

services offered via the Platform will be referred to in these Terms as ” K’TA

Institute Services”.

1.2 Relationship between Teachable and Users

K’TA Institute is neither a content provider nor an educational institution. Creators and Students are not employees of Teachable.

K’TA Institute is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their courses, digital downloads, and other content (collectively, “Creator Content”) available and, at each Creator’s election, for processing payments through K’TA Institute payment gateway(s). K’TA Institute is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.

As stated in our Privacy Policy, K’TA Institute only provides Creators with limited information about Students enrolled in their services, including name, email address, IP address, and the Creator offering in which the Student has enrolled. This information is only available to the Creator upon the purchase or enrollment of a Student in the Creator’s school. K’TA Institute does not provide, sell, rent, release, disclose, or otherwise transfer Student data to Creators for monetary or other valuable consideration. Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.

1.3 The Discover Platform

The K’TA Institute Platform encompasses the K’TA Institute Discover (“Discover”) platform, a marketplace that allows Users to search, find, and sign up for select Creator offerings. Discover is an overall part of the K’TA Institute Platform, and these Terms apply in full force to the use of Discover. However, to the extent that You are a Creator being featured on Discover, the terms of the K’TA Institute Discover Platform Agreement shall govern and take precedence in the event of any conflicts with these Terms.

2. ELIGIBILITY AND ACCOUNT TERMS

2.1 Age of Access

You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian’s permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are ‘representing’ and ‘warranting’ that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.

2.2 OFAC Restrictions

As an express condition of being permitted to access and use the Platform, You represent and warrant that You (i) are not on a list of persons that bars You from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Syria, Venezuela or Crimea.

2.3 User Accounts

To access or use certain features of the Platform, You may be required to register for an account (“Account”). For example, to enroll in a Creator’s course or other service, You will be required to create a Student Account associated with the Creator’s school. When You register for an account, You agree to provide true, accurate, current and complete information and to keep Your account up to date.

2.4 Creator Accounts

To sign up for the Platform as a Creator, you will need to open a Creator account. Creators are deemed the contracting party (“Primary Owner”) for the purposes of our Terms.

If you are signing up as a Creator on behalf of your employer, your employer shall be the Primary Owner of the account and any associated school(s). If you are signing up on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms.

2.5 Admin User Accounts

Depending on the K’TA Institute subscription plan, a Creator may allow one or more persons (“Non-Primary Owner”) to establish an administrative account associated with a Primary Owner’s school. The Primary Owner is responsible for setting the level of access and permissions for Non-Primary Owners.

A Primary Owner is responsible and liable for the acts, omissions and defaults arising from the use of Non-Primary Owner accounts associated with their schools as if they were the Primary Owner’s own acts, omissions, or default.

2.6 Account Ownership Disputes

In the unlikely event that there is a dispute over the ownership of an account, Teachable has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:

→ a copy of Your photo ID;

→ Your business documents, including a Charter, Certificate of Incorporation, LLC

→ Agreement, business license, or other documentation showing ownership of Your entity;

→ Your billing information and details;

→ Certified copies of your tax forms; and

→ Other documentation as we deem necessary to settle the dispute

Should a dispute arise, K’TA Institute reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.

3. Code of Conduct

We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform. If You violate this Code of Conduct, we reserve the right to remove You and any of Your User Content from the Teachable Platform. Whether conduct violates our Code of Conduct will be determined in K’TA Institute’s sole discretion.

 

3.1 No Illegal Activity:

This is about as simple as it gets. Do not use the K’TA Institute Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

3.2 No Fraud:

Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.

3.3 No Bad Conduct:

Do not use the K’TA Institute Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.

3.4 No Spamming:

Seriously. No one likes spam. We don’t like spam. We’re pretty sure that You don’t like your inbox cluttered with spam. You may not use the Teachable Platform to engage in any activities that will result in sending spam to anyone on the K’TA Institute Platform, including K’TA Institute (and its employees), Creators, and Students.

3.5 Be Civil:

We mean this. We’re an open platform allowing myriad subject matters to be taught. Not all Creator Content is for everyone. But the one thing we can all agree on is that when we use the K’TA Institute Platform we are going to be civil and respectful at all times.

No Exploitation:

You will not use the K’TA Institute Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing User Content.

3.6 No Impersonation:

Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of K’TA Institute. You will not impersonate anyone on the Teachable Platform, including K’TA Institute (and its employees), Creators, and Students.

3.7 No Data Mining or Bots:

You may not use any data mining, robots, or similar data gathering or extraction methods.

3.8 No Use Other Than Intended:

You may not use the Platform or any User Content contained on the Platform for any purposes other than intended.

3.9 No Prohibited Content:

You may not use the Platform if Your User Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.

4. Intellectual Property and Terms that Apply to Your Data

In operating our Platform, it’s important for us to make it clear who owns what and who’s responsible for what. You are trusting us with Your content and consistent with K’TA Institute’s genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the K’TA Institute community.

4.1 What Teachable Owns

All right, title and interest in and to the Platform, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as ” K’TA Institute Content”, and is and will remain the exclusive property of K’TA Institute and its licensors. K’TA Institute Content is protected by intellectual property rights both in the United States and internationally.

Your use of the Platform under these Terms does not give you additional rights in the Platform or ownership of any intellectual property rights associated with the Platform, including, but not limited to, any rights to use K’TA Institute’s trademarks, logos, domain names, and other distinctive brand features. Subject to Your compliance with and the limitations set forth in these Terms, Teachable grants You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform and/or K’TA Institute Services to fulfill your personal and commercial purposes.

You agree not to do any of the following while accessing or using the Platform and/or K’TA Institute Services:

→ license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Platform without K’TA Institute’s express written consent (this license is only for Your use and you may not assign it to anyone else without our permission).

→ circumvent or disable any security or other technological features or measures of the Platform.

→ copy, modify, create derivative works of, decompile, reverse engineer, disassemble, or otherwise attempt to discover any source code of or any elements of the Platform, or use the Platform to compete with K’TA Institute

→ engage in any activity that would interfere with, damage, or harm the Platform and/or K’TA Institute Services.

All rights not expressly granted by K’TA Institute are reserved.

4.2 What You Own

Any data, information or material originated by you that you upload or otherwise transmit through the Platform, including Creator Content, (“User Content”) is and remains Yours. K’TA Institute does not claim any intellectual property rights over User Content by virtue of Your use of the Platform and/or K’TA Institute Services.

1. By uploading User Content to the K’TA Institute Platform, You agree that:
2. K’TA Institute may review User Content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but K’TA Institute has no obligation to review anything that You upload.
   
3. You are uploading User Content to the K’TA Institute Platform at Your direction and K’TA Institute does not in any way certify or provide approval or permission prior to You uploading User Content.
4. K’TA Institute may display User Content to other users (e.g. Your Students) via the K’TA Institute Platform for the purpose of providing K’TA Institute Services.
5. You agree that by uploading User Content to Our Platform, You are allowing Us to store Your User Content.
6. You agree to provide K’TA Institute with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) User Content in furtherance of the K’TA Institute Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).
7. You are responsible for and own, or have the rights to use, all of Your User Content.

4.3 Your Posts

The K’TA Institute Platform may include features that permits You to post, upload or transmit content that is intended to be viewed by other users (“Posts”). For example, Creators participating in K’TA Institute: HQ will have the opportunity to submit Posts to other members of the K’TA Institute community. For the avoidance of doubt, Posts exclude User Content (including Creator Content).

By submitting Posts to the K’TA Institute Platform, you grant K’TA Institute a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Posts for any purpose. K’TA Institute may exercise all copyright, publicity and moral rights, in any media, with respect to Your Posts.

4.4 Content Free of Infringement of Any Third-Party Rights

1. 1. You agree that Your User Content and/or Posts do not infringe upon anyone else’s intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
      
   2. In plain language, this means that if You’re using someone else’s work (including videos, text, charts, powerpoints, etc.) in Your User Content or Posts, You’ve gotten the content owner’s permission to use it. You wouldn’t want anyone selling any of Your User Content without Your permission. If You are going to use something that You didn’t create, make sure You can demonstrate that You have the right to use it before You make it a part of Your User Content.

4.5 Feedback

You may choose or we may invite You to submit suggestions, recommendations, enhancement requests or other feedback about Teachable Services or the Platform (“Feedback”). By submitting any Feedback, You agree that such Feedback is gratuitous, unsolicited, and without restriction, and You grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate any Feedback into K’TA Institute Services and/or the Platform. We actively review Feedback for new ideas. If You wish to preserve any interest You might have in your Feedback, You should not post them to the Platform or send them to us.

4.6 Processing of Data by Creators

1. 1. Creators are responsible for protecting all personal information they provide to, or receive from, K’TA Institute in connection with the use of K’TA Institute Services. K’TA Institute ‘s Data Processing Agreement (“DPA”) forms part of these Terms and sets out K’TA Institute ‘s and Creator’s obligations with respect to the processing of personal information. Creators agree to abide by the DPA when and to the extent Data Protection Laws apply to a Creator’s use of K’TA Institute Services to process Student Data or Creator Data (as these terms are defined in the DPA).
   2. Creators are considered controllers or “owners” of the personal information they collect from and about Students. In addition to agreeing to the terms of the DPA, Creators are also responsible for providing an appropriate privacy notice to their Students, respecting their Students’ privacy rights in accordance with applicable law, and providing access to or deleting Students’ personal information if they request and as required by applicable law.

5. K’TA INSTITUTE ‘S GENERAL RIGHTS IN OPERATING ITS PLATFORM

1. K’TA Institute may modify, terminate, or refuse to provide K’TA Institute Services at any time for any reason, without notice.
2. K’TA Institute may remove anyone from the K’TA Institute Platform at any time for any reason, solely in Teachable’s discretion. This right is not modified by any other section of these Terms.
3. K’TA Institute reserves the right to access Your account, school, and User Content in order to respond to requests for technical support, to maintain the safety and security of the K’TA Institute Platform, and for other legitimate business purposes, as necessary, in K’TA Institute’s discretion.
4. K’TA Institute may, but has no obligation to, monitor any User Content that appears on the K’TA Institute Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and K’TA Institute employees.
5. K’TA Institute reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
6. If You close Your account or terminate Your school, K’TA Institute may keep a copy of Your User Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
7. K’TA Institute reserves the right to remove You and Your User Content without warning if You violate any of the provisions of these Terms.
8. K’TA Institute has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of these Terms without warning at any time.

6. INTELLECTUAL PROPERTY VIOLATIONS

6.1 Copyright Violations and the DMCA

If K’TA Institute has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted,

K’TA Institute reserves the right to remove, block, or otherwise ‘take down’ the content. K’TA Institute also reserves the right to remove from the Platform any Creators, Students, or other parties, who are repeat offenders of the K’TA Institute repeat offender policy.

1. Reporting Copyright Infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”):

• K’TA Institute provides an online form for submitting copyright infringement notices under the DMCA. If you believe that content on the K’TA Institute Platform is infringing on your copyrights, please complete K’TA Institute ‘s copyright infringement notice form to forward your notice to K’TA Institute’s designated agent for review.
• If your submission contains all of the information required by the form and complies with the DMCA, K’TA Institute will expeditiously remove or disable access to the content alleged to be infringing.
• Please note that when K’TA Institute removes content in response to a DMCA notice, K’TA Institute will attempt to contact the party who posted the content You report as infringing and provide information about the notice and removal, including information about how to submit a counter notice. K’TA Institute may also send a copy of any notices received to the affected party.

DMCA Counter Notice Procedure

1. If Your content is removed due to the receipt of a DMCA notice and you believe that your content was wrongly removed, you may send K’TA Institute what is known as a Counter Notice.
2. Your Counter Notice must contain:
   1. A physical or electronic signature
   2. Identification of what was removed and the location where the material appeared before it was removed
   3. A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
   4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district of
      

New York and that you will accept service of process from the person who provided notification

• Your Counter Notice must be sent to K’TA Institute’s designated agent at info@ktainstitute.com
• Please note that a copy of any Counter Notice received will be sent to the party who reported the content as infringing.

5. Repeat Infringement Policy: As we stated above, K’TA Institute really doesn’t look favorably on anyone who is using someone else’s intellectual property without permission. Should K’TA Institute receive two or more DMCA complaints regarding any Creator, K’TA Institute may simply remove that Creator from the K’TA Institute Platform without further warning. Note: as we state in our K’TA Institute Rights section, we still reserve the right to remove any school at any time for any reason. This Repeat Infringement section does not change that right in any way.

6.2. Trademark Violations

K’TA Institute reserves the right to remove access to content that it knows, or has reason to know, violates the rights of trademark owners. Please note that K’TA Institute will send a copy of any trademark infringement claim received to the user who posted the content you report as infringing.

1. Reporting Trademark Infringement

• • K’TA Institute provides trademark owners an online form for submitting information to enable K’TA Institute to evaluate trademark infringement claims. If you believe that a user of the K’TA Institute Platform is infringing your registered trademark, please complete K’TA Institute ‘s trademark complaint form to forward your claim to K’TA Institute’s team for review. (For copyright infringement claims, refer to Section 6.1 above).
  • If your submission contains all of the information required by the form and demonstrates that a user of the K’TA Institute Platform is infringing your registered trademark by using your trademark in connection with the goods or services covered by your registration, K’TA Institute will take appropriate action, which may include removing access to the infringing content and/or terminating the user.
  • Do note K’TA Institute is not a court of law and there may be times that we cannot take action based on the information that you submit in our online form. In such cases, we may refuse to take action, and if warranted, you may resubmit the online form with additional information and materials requested by the form that were not previously submitted.

2. Counter Notice Procedure

1. 1. If Your content is removed due to the receipt of a Trademark notice, you may send K’TA Institute a counter notice if you believe that your content was wrongly removed.
   2. If K’TA Institute receives a counter notice that denies the infringement claim and asserts that it has a good faith basis for doing so, K’TA Institute may choose not to remove the allegedly infringing content but will put you in contact with the user so that you and the user can address the matter directly.

7. Third Party Communications

By using K’TA Institute’s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). K’TA Institute is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. K’TA Institute assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

8. Third Party Offerings

Through the Teachable Platform, You will have the ability to access content, links to websites, products and services provided by Creators, Students, and other third parties (“Third Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third party website is at Your own risk. K’TA Institute does not monitor or have any control over, and makes no claim or representation regarding

Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.

9. K’TA Institute API Services

1. The K’TA Institute Platform encompasses K’TA Institute APIs (“API” or “APIs”), a powerful solution that provides flexibility for Creators to access and interact with data about their business on K’TA Institute. APIs provide Creators with access to school performance data related to sales, enrollments, and student engagement anytime they would like. APIs provide the ability for Creators to build custom products for their school’s end users (“Students”).

2. K’TA Institute API Features include:

   • Transactions API: Creators can fetch a list of sales transactions at their schools using Transactions API, which is a collection of payment processing endpoints (Charge, CaptureTransaction, CreateRefund, and VoidTransaction) and reporting endpoints.
   • Hook Events API: Creators can fetch a list of webhook events at their schools.
   • Enrollments API: Creators can enroll and unenroll a Student or prospective Student in a course.
   • Users API: Creators can create a new user, look up a specific user by ID, and update a user by ID.
   • Pricing Plans API: Creators can fetch pricing plan details by pricing plan ID. Creators can fetch all of the pricing plans at their school.
   • Courses API: Creators can fetch all the published courses at her school. Creators can fetch a specific course by ID. Creators can fetch a list of her Students enrolled in a specific course.

3. Definitions for this Section Only: The following definitions only apply to this section of the Terms and its subsections (Section 9).
   

   1. “API” means the K’TA Institute API application programming interface and any API Documentation or other API materials made available by Company on the Platform
   2. “API Documentation” means the API documentation described from time to time.
   3. “API Key” means the security key Company makes available for you to access the API.
   4. “Company Marks” means Company’s proprietary trademarks, trade names, branding, or logos made available for use in connection with the API pursuant to this Section of the Terms.
   5. “Company Offering” means Company’s operating system and application software made available by Company on a hosted basis.
   6. “Your Applications” means any applications developed by you to interact with the API.

4.  License Grant

   Subject to and conditioned on your compliance with all terms and conditions set forth in the Terms, we hereby grant you a limited, revocable, non-exclusive, non- transferable, non-sublicensable license to: (a) use the API solely for your internal business purposes in developing Your Applications that will communicate and interoperate with the Company Offering; and (b) display certain Company Marks in compliance with usage guidelines that we may specify from time to time solely in connection with the use of the API and the Applications. You acknowledge that there are no implied licenses granted under this Section of the Terms. We reserve all rights that are not expressly granted. You may not use the API or any Company Mark for any other purpose without our prior written consent. You must obtain an API Key through the registration process to use and access the API. You may not share your API Key with any third party, must keep your API Key and all log-in information secure, and must use the API Key as your sole means of accessing the API. Your API Key may be revoked at any time by us.
   

   • Additional Use Restrictions for API Services

   Except as expressly authorized under the Terms, you may not: (a) remove any proprietary notices from the API; (b) use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (c) combine or integrate the API with any software, technology, services, or materials not authorized by K’TA Institute; (d) design or permit Your Applications to disable, override, or otherwise interfere with any K’TA Institute -implemented communications to end users, consent screens, user settings, alerts, warning, or the like; (e) use the API in any of Your Applications to replicate or attempt to replace the user experience of the Company Offering; or; (f) attempt to cloak or conceal your identity or the identity of Your Applications when requesting authorization to use the API.

   • No Support; Updates

   The Terms do not entitle you to any support for the API. You acknowledge that we may update or modify the API from time to time and at our sole discretion (in each instance, an “Update”), and may require you to obtain and use the most recent version of the API. Updates may adversely affect how Your Applications communicate with the Company Offering. You are required to make any changes to the Applications that are required for integration as a result of such update at your sole cost and expense. Your continued use of the API following an Update constitutes binding acceptance of the Update.

   • No Additional Fees for APIs

   You acknowledge and agree that no additional license fees or other payments will be due for API in exchange for the rights granted under the Terms. You acknowledge and agree that this fee arrangement is made in consideration of the mutual covenants set forth in the Terms, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. Notwithstanding the foregoing, we reserve the right to start charging for access to and use of the API at any time.
   

   • Collection and Use of Your Information

   We may collect certain information through the API, Company Offering or the Licensor Offering about you or any of your employees, contractors, or agents. By accessing, using, and providing information to or through the API or the Company Offering, you consent to all actions taken by us with respect to your information in compliance with the then-current version of our privacy policy and data protection requirements, available at https://ktainstitute.com/.

   • Return of Your Data

   Upon request by You made within thirty (30) days after the effective date of termination of Your use of K’TA Institute API, we will make available to You for download a file of Your Data in comma separated value (.csv). After such 30-day period, we shall have no obligation to maintain or provide any of Your Data and may thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control.

   • API Rate Limits

   The number of API requests K’TA Institute will permit You to make during any given time period may be limited. K’TA Institute may determine Your rate limits based on various factors at K’TA Institute’s sole discretion. Teachable reserves the right and may, in its sole discretion, charge You for API requests that exceed K’TA Institute’s rate limits or terminate or resort to other measures including suspending access to K’TA Institute APIs as necessary subject to applicable law. Teachable will not provide a credit to You to the next month or year for any unused requests.

5. • Payments

   K’TA Institute operates two different types of payment options for Creators who use our Platform: K’TA Institute Native Gateways and Custom Payment Gateways. Your use of either type of gateway is covered by the terms of this section.

   1. K’TA Institute Native Gateways

   For the avoidance of doubt, the term K’TA Institute Native Gateways is a reference to both K’TA Institute Payments and the Monthly Payments Gateway.
   

   1. Appointment of K’TA Institute as a Limited Payment Collection Agent for K’TA Institute Native Gateways: Each Creator collecting payment for services provided on the K’TA Institute platform via K’TA Institute Native Gateways hereby appoints K’TA Institute as the Creator’s payment collection agent solely for the limited purpose of accepting funds from Students purchasing such services.
      1. Each Creator agrees that payment made by a Student through the Teachable Native Gateways shall be considered the same as a payment made directly to the Creator, and the Creator will provide the purchased services to the Student in the agreed manner as if the Creator has received the payment directly from the Student. Each Creator agrees that K’TA Institute may refund the Student in accordance with the Terms. Each Creator understands that K’TA Institute’s obligation to pay the Creator is subject to and conditional upon successful receipt of the associated payments from Students. K’TA Institute guarantees payments to Creators only for such amounts that have been successfully received by K’TA Institute from Students in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Creator, K’TA Institute assumes no liability for any acts or omissions of the Creator.
      2. Each Student acknowledges and agrees that K’TA Institute acts as the Creator’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Creator. Upon payment of the funds to K’TA Institute, the Student’s payment obligation to the Creator for the agreed amount is extinguished, and K’TA Institute is responsible for remitting the funds to the Creator in the manner described in these Terms, which constitute K’TA Institute ‘s agreement with the Student. In the event that K’TA Institute does not remit any such amounts once successfully received from the Student, the Creator will have recourse only against K’TA Institute and not the Student directly.
   2. K’TA Institute Payments: The K’TA Institute Payments gateway allows Creators to process credit or debit card transactions and facilitates faster payout processes. K’TA Institute Payments is available to some Creators,
      

   based on location. For a list of eligible locations, please see the Teachable website.

   1. Creators have the option to set up K’TA Institute Payments from their school’s Admin page. By setting up K’TA Institute Payments, You agree to the terms that appear in these Terms and/or on the K’TA Institute Platform regarding the K’TA Institute Payments Gateway.
   2. Third Party Agreement: In setting up K’TA Institute Payments, You may be instructed to agree to terms of service offered by Stripe. Stripe is an independent party from K’TA Institute and K’TA Institute is not responsible for the contents of their terms of service. Should Stripe’s terms of service differ from these Terms, such differences shall not modify these Terms in any manner.
   3. By using K’TA Institute Payments You agree that K’TA Institute may place a portion of Your school sales in reserve for a period of time to cover losses, chargebacks, refunds, etc. The current reserve period and amount are located on our Knowledge Base page regarding K’TA Institute Payments. The amount of reserves and the length of time in which they are held are subject to change at K’TA Institute’s sole discretion. Should the reserve period or the amount withheld change, K’TA Institute will make reasonable efforts to update the Knowledge Base page to communicate these changes.
   4. Fees for K’TA Institute Payments may be found on the K’TA Institute Knowledge Base page. All K’TA Institute Payment gateway fees will be deducted before the funds are sent to the Creator. The fees associated with K’TA Institute Payments are subject to change, in K’TA Institute’s sole discretion. By using K’TA Institute Payments, You agree to the fees as set by K’TA Institute.
   1. Monthly Payment Gateway: K’TA Institute Creators may also have an opportunity to utilize the Monthly Payments Gateway (MPG) to facilitate credit card or debit card transactions or to utilize PayPal as a payment option. MPG is offered wherever PayPal accounts are available and the availability of MPG is subject to any limitations by PayPal. K’TA Institute Payments users will only be able to utilize MPG for PayPal transactions and will not be able to utilize MPG for credit card processing.
      
      1. Third Party Agreement: In setting up MPG, You may need to agree to terms of service offered by Stripe or PayPal. Stripe and PayPal are independent parties from K’TA Institute and K’TA Institute is not responsible for the contents of their terms of service. Should their terms of service differ from these Terms, such differences shall not modify these Terms in any manner.
      2. Funds paid out to Creators via MPG are paid on the first of the month (or first available business day) no earlier than thirty (30) days after the end of the month in which a sale was made. This hold period is to account for any potential losses, chargebacks, refunds, etc. For the avoidance of doubt, this hold may result in funds being paid out more than thirty (30) days after the sale to a Student. The current hold period can be located on our Knowledge Base page regarding MPG. The length of time in which MPG funds are held before payout is subject to change at K’TA Institute’s sole discretion. Should the hold period change, K’TA Institute will make reasonable efforts to communicate these changes via the Knowledge Base page.
   1. Custom Payments Gateway: Creators on the Professional, Business, and Enterprise plans may choose to set up a Custom Payment Gateway (CPG) to process Student transactions. These transactions, which are made through a third-party payment gateway, are outside of the scope of your relationship with K’TA Institute. You agree that Your CPG service is a third-party payment service and is not a part of the K’TA Institute Services. Payouts are distributed according to the third-party payment service’s policies and procedures, and are not subject to any of K’TA Institute’s policies and procedures related to payments, including the 30-day refund policy or payment hold. Furthermore, You acknowledge that:
      1. Transactions. made through CPG are not subject to K’TA Institute’s transaction fees.
      2. K’TA Institute does not control any payment processing fees that may be assessed through CPG. Additionally, while K’TA Institute may record the amounts that you owe to authors and affiliates in the transaction report, K’TA Institute does not have the access or ability to make deductions from transaction fees processed through third-party payment gateways to pay
         

   your authors or affiliates. Creators using CPG are responsible for making payments to authors and affiliates on their own.

   1. K’TA Institute is not a marketplace facilitator with respect to any transactions that occur through CPG. By using CPG, You further acknowledge that K’TA Institute does not have any responsibility to pay, remit, or otherwise collect or send to any relevant tax authorities any taxes owed, including sales taxes, on Creator Content you sell through CPG.

   • Chargebacks

   Creators may be charged a fee for any chargeback on credit card, debit card, or PayPal transaction that is processed through the K’TA Institute Native Gateways. This fee is deducted from Your school’s payout but is returned to You if You win the dispute. Current fees may be found on the K’TA Institute Knowledge Base. Fees are subject to change.

   • Taxes

   Laws governing the collection, reporting and remittance of sales and use taxes, value-added taxes and other similar state, local and foreign taxes are complex. This section of the Terms summarizes K’TA Institute’s practices regarding these tax requirements. Please be advised that K’TA Institute’s position on these tax matters is subject to change, without notice, and possibly with retroactive effect.

   Depending on the laws of the relevant jurisdictions, Creator Content sold by Creators to Students through the K’TA Institute platform for purchases of courses and other services and transmitted to locations inside and outside of the United States may be subject to tax.

   The rate and amount of tax imposed depends on a number of factors which K’TA

   Institute considers, including (without limitation):

   • The identity of the Creator and/or Student;
   • The type of course or service that was purchased, and whether or not is it taxable;
   • The payment gateway used by the Creator (K’TA Institute Native Gateways vs. Custom Payments Gateways); and
   • The shipment or delivery address of the Creator or Student, as applicable.
     

   K’TA Institute may request additional information from its customers, which will require You to provide certain information, such as Your legal name, tax identification number, address, phone number, e-mail address, and account information for Your bank account, as necessary to fulfill its tax obligations.

   • General Application of Sales Taxes in the United States

   K’TA Institute will determine whether a transaction on the K’TA Institute Platform is subject to tax based on the applicable laws in each state. K’TA Institute will calculate, collect, report and remit any sales taxes collected directly to the state on whose behalf the tax is imposed. Certain states may also require the Creator to submit their own tax filings or information returns.

   The tax rate applied to Your transaction will be equal to the combined applicable state and local tax rate which shall be determined by K’TA Institute based on the information provided by the Creator and/or Student, as applicable.

   • Fees from K’TA Institute Subscription Plans

   Where applicable, K’TA Institute will collect from the Creator sales tax that may arise in connection with K’TA Institute subscription fees.

   Creators who believe that they should not be charged tax in connection to K’TA Institute subscription fees must provide K’TA Institute with a valid tax/identification number, a valid tax ID/tax certificate or other documentary proof issued by an appropriate taxing authority confirming that K’TA Institute should not charge tax to the Creator in accordance with the applicable tax laws.

   Please note that in some situations, tax laws may require the Creator to report and remit tax itself to its tax authority with regard to subscription fees paid to Teachable (these situations are commonly referred to as ‘reverse charge’).

   • Fees from the sale of Creator Content

   For United States sales tax purposes, K’TA Institute may be deemed to be a “marketplace facilitator” for third-party sales transacted through K’TA Institute’s Native Payment Gateways. A “marketplace facilitator” is generally defined as the entity that owns or operates the marketplace (platform), and directly or indirectly processes transactions (including the sale of physical
   

   property, digital goods and services) on behalf of third-party sellers

   (“marketplace sellers”).

   In the United States, marketplace facilitator laws and regulations shift the sales tax collection, reporting and remittance obligations from marketplace sellers to the marketplace facilitator. Therefore, where K’TA Institute is deemed a marketplace facilitator, K’TA Institute is responsible for calculating, collecting, remitting and refunding sales taxes on taxable products and services that are sold over K’TA Institute’s Native Payment Gateways (i.e. K’TA Institute Payments and Monthly Payment Gateway).

   Please note that where a Creator is using the Custom Payment Gateway (CPG), the Creator is solely responsible for calculating, collecting, reporting and remitting sales tax regardless of the Student’s state of residence.

   Creators are able to download sales reports detailing the purchase amount and the amount of tax collected on each sale through their account dashboard.

   It is possible that certain states will require additional marketplace facilitator collection (“Marketplace Facilitator Collection”) under new or existing laws. At its sole discretion, K’TA Institute shall determine when it will undertake Marketplace Facilitator Collection with respect to a jurisdiction and You authorize K’TA Institute to take all actions necessary to undertake such Marketplace Facilitator Collection. You agree to reasonably cooperate with K’TA Institute and timely provide all information necessary for K’TA Institute to accurately calculate, collect, report and remit such taxes including, but not limiting to, complying with the other provisions of this section. K’TA Institute shall have sole discretion to specify the rate and taxability applied to the products and services sold. You also understand and agree that K’TA Institute may undertake Marketplace Facilitator Collection for transactions in jurisdictions in which you do not otherwise have a substantial nexus. Notwithstanding any other provision of these Terms, You understand and agree that K’TA Institute will not remit to You any taxes collected as part of Marketplace Facilitator Collection. Without limiting Your obligations or liability under any other provision of these Terms, You agree to indemnify and hold harmless K’TA Institute for any taxes, penalties, or interest on Your transactions asserted against K’TA Institute by a jurisdiction with respect to Marketplace Facilitator Collection.
   

   Please refer to K’TA Institute’s Knowledge Base article on United States Sales Tax and K’TA Institute for a list of jurisdictions where K’TA Institute collects tax as a marketplace facilitator.

   • Exceptions

   K’TA Institute will not collect sales taxes in the following circumstances: Creator sales over Custom Payment Gateway (CPG): Creators must calculate, collect, report and remit taxes themselves

   Creator sales off Platform: Creators must calculate, collect, report and remit taxes themselves

   Tax Exempt Organization: Creators or Students from tax-exempt organizations who purchase products or services on the K’TA Institute platform will be required to pay sales taxes on the initial purchase. Thereafter, the Creator or Student should submit a refund request to info@ktainstitute.com. The refund request should include a copy of the purchase receipt showing the sales tax paid and the Order ID, as well as a copy of the Creator or Student’s valid tax/identification number, a valid tax ID/tax certificate or other documentary proof issued by an appropriate taxing authority confirming that Teachable should not charge tax to the Creator in accordance with the applicable tax laws. Teachable will issue a refund once the documentation has been reviewed and approved.

   Resellers: Creator will need to provide K’TA Institute with a tax exemption certificate issued by the state in which they are located.

   1. Additional Sales Tax Considerations

   K’TA Institute’s failure to collect, report and remit taxes to any governmental authority, may not relieve the Creator or Student from its sales tax obligations or liabilities within a state where applicable products and services are taxable. In certain states, a marketplace seller is still responsible for collecting and remitting sales and use taxes on sales not made on the marketplace facilitator platform. Additionally, the marketplace seller may remain liable for the sales tax if the marketplace facilitator can demonstrate that: (i) it has made a reasonable effort to obtain accurate and complete information from an unrelated marketplace seller about a retail sale, and (ii) the failure to remit the correct amount of tax was due to incorrect or incomplete information provided to the marketplace facilitator by the unrelated marketplace seller. WE ADVISE EACH CREATOR AND/OR STUDENT
   

   TO CONSULT WITH ITS OWN TAX ADVISOR REGARDING THE APPLICABILITY OF THESE RULES TO THEIR INDIVIDUAL CIRCUMSTANCES.

   • General Application of Taxes Outside of the United States

   Creator and Student expressly acknowledge that an agreement is formed directly between Creator and Student for the sale of Creator Content by the Creator to the Student. K’TA Institute is not a party to that agreement nor sets any of the terms for Creator Content sold by the Creator to the Student.

   The Creator is the supplier of the Creator Content, K’TA Institute is not responsible for interactions between Creators and Students and only provides technical means through which Creators may make their Creator Content available to Students.

   As the Creator sells its Creator Content directly to the Student under its agreement with the Student, except as expressly provided in these Terms, the Creator will be solely and fully responsible to collect, report and remit the correct amount of tax (if any) to tax authorities for charges to the Students for the purchase of Creator Content. K’TA Institute recommends Creators consult a tax advisor to assist with determining the tax requirements relating to the sale of their Creator Content.

   Some countries provide for special tax laws making K’TA Institute instead of the Creator responsible for the tax obligations pertaining to Creator Content sold by Creators while using the K’TA Institute Native Gateways (K’TA Institute Payments and Monthly Payment Gateway). In this regard, please note that the tax laws of the countries where Students reside generally dictate whether such a special tax law applies making K’TA Institute instead of the Creator responsible for tax.

   Therefore, in the event a Creator sells Creator Content to Students in multiple countries, different tax obligations may apply for the Creator, depending on the countries where the individual Students reside.

   Please note that where a Creator is using the Custom Payment Gateway (CPG), the Creator is always solely responsible for tax, regardless of the country of residence of the Student.

   The Country-Specific Guidance section contains an overview of jurisdictions where tax laws apply that shift the tax obligations for Creator Content from the Creator to Teachable in the K’TA Institute Native Gateways model due to a deemed (by way
   

   of legal fiction) resale of Creator Content by T K’TA Institute that applies for tax purposes only.

   K’TA Institute determines the country where a Student resides for tax purposes on the basis of information the Student enters at checkout. Where needed, K’TA Institute makes such data available to the Creator to enable the Creator to determine the amount of tax on the sale of Creator Content to a Student for which the Creator is responsible.

   For information around requesting refunds and exemptions, please refer to Section 2 of the Terms of Use – Annex

   • Country Specific Guidance

   Please note that K’TA Institute is handling tax on Creator Content sold to students only in specific situations, summarized below by country. In all other situations, the creator is solely responsible for tax on Creator Content and should consult with their tax advisor.

   For further country-specific guidance, please also refer to the Knowledge based article on Digital Content Tax Handling Outside Europe and the United States.

   • European Union Value Added Tax (EU VAT)

   For Creator Content sold to Students residing in the EU, K’TA Institute is responsible for collecting, reporting and remitting EU VAT to tax authorities if:

   • The Creator sells the Creator Content while using the K’TA Institute Native Gateways; and
   • The Creator Content is an ‘Electronically Supplied Service’ (ESS).

   User Content is an ESS unless the Creator has expressly confirmed, by disabling the EU VAT feature on the K’TA Institute platform, that the Content requires live interaction between Creator and Student. For more information on EU VAT and the respective responsibilities of Creators and K’TA Institute, please refer to Section 1 of the Terms of Use – Annex.

   • AUSTRALIA, CANADA, CHILE, KENYA, MOLDOVA, NEW ZEALAND, RUSSIA, SAUDI ARABIA, and TAIWAN
     

   For Creator Content sold by Creators to Students residing in Australia, Canada, Chile, Kenya, Moldova, New Zealand, Russia, Saudi Arabia, and Taiwan, K’TA Institute is responsible for collecting, reporting and remitting tax to tax authorities if:

   
   
   1. the Creator is not established in or residing in the country of the Student, and
   2. the Creator sells Creator Content while using the K’TA Institute Native Gateways.

   Students located in Australia, Canada, Chile, Kenya, Moldova, New Zealand, Saudi Arabia and Taiwan with a valid tax ID will not be charged tax at checkout.

   • MEXICO

   For Creator Content sold by Creators to Students residing in Mexico, K’TA Institute collects, reports and remits the full general VAT rate to tax authorities in Mexico unless:

   1. a Mexico-resident Creator provides K’TA Institute with a valid 13-digit Mexican Tax ID number (“RFC”) for individuals. In this case, K’TA Institute remits 50% of the VAT amount to the tax authorities;
   2. a Mexico-resident Creator provides K’TA Institute with a valid 12-digit Mexican Tax ID number (“RFC”) for business entities. In this case, K’TA Institute does not remit VAT to the tax authorities.

   • INDIA, SINGAPORE, AND MALAYSIA

   For Creator Content sold by Creators to Students residing in India, Singapore and Malaysia, K’TA Institute is responsible for collecting, reporting and remitting tax to tax authorities if:

   • the Creator is not established in or residing in the country of the Student;
   • the Creator sells the Creator Content while using the K’TA Institute Native Gateways; and
   • the Creator Content is an ‘Electronically Supplied Service’ (ESS) or equivalent under the applicable tax laws.
     

   Creator Content is an ESS unless the Creator has expressly confirmed, by turning on the Comment Box functionality when creating its course on the K’TA Institute platform, that the Creator Content requires live interaction between Creator and Student.

   Please note that in cases where Creator Content is NOT ESS, K’TA Institute will NEVER be responsible for tax for Creator Content sold by Creators. This means that the Creators will in those cases, be responsible for tax on the Creator Content.

   Students located in India and Singapore with a valid tax ID will not be charged tax at checkout.

   • Tax Indemnification

   Notwithstanding any provision in these Terms to the contrary, You shall indemnify, defend and hold K’TA Institute and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns federal, state, county, city, foreign or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and You grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by You hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

   • Teachable Subscription Fees

   1. K’TA Institute Plans are billed on a subscription basis. Users who sign up for a paid K’TA Institute Plan will be billed in advance on either a monthly or annual cycle, depending on what K’TA Institute Plan was selected at time of purchase. Payment will be charged to the User’s chosen payment method at confirmation of purchase and at the beginning of each new billing cycle. K’TA Institute Plans will automatically renew at the end of each billing cycle unless You submit a cancellation request to us in writing via email (support@teachable.com) or directly through Your account prior to the end of the billing cycle. Upon cancellation, your access to the select K’TA Institute Plan will terminate and you will not be charged for the next billing cycle.
      
   2. Pricing for the purchase of a K’TA Institute Plan is described on our pricing page. Teachable may change the price of a K’TA Institute Plan from time to time and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes for K’TA Institute Plan subscriptions will take effect at the start of the next subscription period following the date of the price change. If You do not agree with the price K’TA Institute charges, You have the right to reject the change y canceling Your subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
   3. Depending on the processing method, K’TA Institute may charge transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges.
   4. Should You not authorize payment or are otherwise not current on Your payments for K’TA Institute Services, K’TA Institute may restrict Your Platform access until Your account becomes current and paid in full. K’TA Institute reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with K’TA Institute and/or retaining collection agencies or legal counsel.
   5. K’TA Institute reserves the right to offer custom K’TA Institute plans and pricing in addition to what is offered on the pricing page. Custom K’TA Institute plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.

   • Pricing of Creator Content

   K’TA Institute is not responsible for setting the pricing on Creator Content. Prices for Creator Content are set by the Creator.

   • Refund Policy

   We want You to be happy with K’TA Institute ‘s Platform. If You’re not feeling excited about joining the K’TA Institute community, we have some options for You regarding Your plan.

   • Refund Policy for Teachable Plans Monthly Plans
     

   Creators on monthly paid K’TA Institute subscription plans are entitled to a full no- questions-asked refund within thirty (30) days of first signing up for a paid plan, or upgrading to a higher priced plan. Simply let us know in writing that You’re canceling the plan within thirty (30) days of Your sign-up.

   Annual Plans

   Creators on annual paid K’TA Institute subscription plans are entitled to a full no- questions-asked refund within thirty (30) days of first signing up for an annual plan. Simply let us know in writing that You’re canceling the plan within thirty (30) days of Your sign-up.

   Abuse of the Refund Policy

   Teachable reserves the right to refuse refunds to Creators who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.

   • Refund Policy for Sales of Creator Content to Students

   • Courses
   1. 1. 1. In general, all Students purchasing courses that are a part of the K’TA Institute Native Gateways are entitled to a thirty (30) day full refund from the date of purchase. Unless authorized by K’TA Institute in K’TA Institute ‘s sole discretion, no Creator on the K’TA Institute Native Gateways may offer to Students a refund policy for a period of less than thirty (30) days.
         2. If a Creator has been allowed to offer a refund period that differs from K’TA Institute ‘s general policy, the Creator must provide notice to Students prior to the purchase of the course.
         3. K’TA Institute reserves the right to refuse refunds to Students who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.
         4. Regardless of any other section to the contrary in these Terms, K’TA Institute does not establish, maintain, or control refunds or a refund policy for any Creator Content that was processed through a Custom Payment Gateway, including courses.
            

   • Coaching

   1. 1. 1. Creators (regardless of whether they use K’TA Institute Native Gateways or a Custom Payment Gateway) are solely responsible for setting the refund policy regarding the sale of Coaching offerings.
         2. The Creator must provide notice to Students regarding their refund policy prior to the Students’ purchase of the Coaching offering.
         3. Regardless of any other section to the contrary in these Terms, K’TA Institute’s refund policy does not cover the provision of Coaching offerings provided by Creators to Students.

   • Digital Downloads

   1. 1. Creators (regardless of whether they use K’TA Institute Native Gateways or a Custom Payment Gateway) are solely responsible for setting the refund policy regarding the sale of digital downloads.
      2. The Creator must provide notice to Students regarding their refund policy prior

   to the Students’ purchase of digital downloads.

   1. Regardless of any other section to the contrary in these Terms, K’TA Institute’s

   refund policy does not cover the purchase of digital downloads.

   1. Teachable may, in its exclusive and sole discretion, refuse to refund the amounts paid, even within the permitted refund period, in the event that Students have used all or part of the digital downloads purchased, such as having downloaded the available digital downloads, leaving K’TA Institute and the Creator at a clear disadvantage.

   • Bundled Products

   1. 1. 1. If a Creator sells a set of courses as a bundled package, the refund policy applicable for courses will apply, as provided in Section 14.2(1).
         2. If a Creator sells a set of courses and Coaching offerings as a bundled package, the refund policy applicable for Coaching offerings will apply, as provided in Section 14.2(2).
         3. If a Creator sells a set of coaching offerings as a bundled package, the refund policy applicable for Coaching will apply, as provided in Section 14.2(2).
            
         4. If a Creator sells a set of digital downloads as a bundled package, the refund policy applicable for digital downloads will apply, as provided in Section 14.2(3).
         5. If a Creator sells a set of digital downloads with courses or Coaching offerings as a bundled package, the refund policy applicable for digital downloads will apply, as provided in Section 14.2(3).

   • General Provisions

   1. 1. It is the Student’s responsibility to understand the refund policy for Creator

   Content prior to purchasing such Creator Content.

   1. K’TA Institute reserves the right to provide a refund to any student at any time in K’TA Institute’s sole discretion.

   • Cancellation and Deletion

   15.1 Cancellation

   If You cancel a paid K’TA Institute subscription plan, the cancellation will become effective at the end of the then-current billing cycle. When You cancel a paid plan, Your account will revert to a free account and K’TA Institute may disable access to features available only to paid plan users.

   15.2. Deletion

   1. You may delete Your account at any time.
   2. Any account on the free plan may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least six (6) months. Activity will be determined by K’TA Institute in its sole discretion.
   3. Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.
   4. If Your account is deleted (regardless of the reason), Your User Content may no longer be available. K’TA Institute is not responsible for the loss of such content upon deletion.
   5. Upon deletion of Your account (regardless of the reason), all licenses granted by K’TA Institute will terminate.
      

   15.3 Effect of Cancelation/Deletion

   Should a school, course, or account be canceled or deleted, the user may no longer have access to K’TA Institute Content and/or User Content (including Creator Content). Further, User Content (including Creator Content) may be irretrievable.

   K’TA Institute shall not be liable to any party in any way for the inability to access K’TA Institute Content or User Content (including Creator Content) arising from any cancelation or deletion, including any claims of interference with business or contractual relations.

   • Errors and Corrections

   K’TA Institute does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does K’TA Institute guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Teachable may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.

   We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Students.

   • Limitations of Liability

   In running the Platform, we require that You understand and agree that K’TA Institute is not liable for a number of things, including Your breach of these Terms and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that K’TA Institute doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Teachable will be limited to a portion of the fees You have paid us.

   Our limitations of liability are as follows:
   

   You agree that K’TA Institute, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the K’TA Institute Platform.

   You agree that K’TA Institute shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.

   K’TA Institute is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command. K’TA Institute does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.

   The K’TA Institute Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the K’TA Institute Platform.

   K’TA Institute disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.

   K’TA Institute shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.

   You agree that K’TA Institute shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of these Terms. You agree to indemnify, defend, and hold harmless K’TA Institute, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by
   

   You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of these Terms, other K’TA Institute policies, and copyright and other intellectual property law)

   You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.

   You may not assign Your rights under these Terms without K’TA Institute ‘s prior written consent.

   Should K’TA Institute ‘s limitation of liability not be applicable, K’TA Institute’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to K’TA Institute over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.

   You agree that K’TA Institute shall not be liable for any content that appears on the Platform.

   Except as set forth herein, nothing express or implied in these Terms is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.

   You agree that any cause of action or claim that You may have against K’TA Institute must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.

   • Remedies for Violations

   K’TA Institute reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to removing Creators and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.
   

   • Communications

   K’TA Institute may notify You of relevant information regarding the Platform and K’TA Institute Services in any of the following ways: (a) by emailing You at the contact information You provide in Your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices.

   • Governing Law and Jurisdiction; Disputes and Arbitration

   1. These Terms shall be governed in accordance with the laws of the State of New York without regard to its conflicts of laws principles. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the County of New York in the State of New York. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.
   2. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.
   3. The arbitration will be conducted in Polk County, Florida, unless You and K’TA Institute agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing K’TA Institute from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.
   4. You and K’TA Institute agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity.
      
   5. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Teachable and all parties to any such proceeding.

   • California Civil Code Section 1789.3

   California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445- 1254 or (800) 952-5210. Complaints or requests for further information can be sent to the address listed in the Contact Us section of these Terms.

   • Privacy

   Your use of the Platform is subject to our Privacy Policy.

   • Entire Agreement; Severability of Provisions; No Waiver

   1. These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by Teachable, including the Platform, K’TA Institute Services, and any K’TA Institute Content.
   2. If any provision of these Terms is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
   3. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

   • Changes to the Terms of Use

   K’TA Institute may review and update these Terms at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use
   

   means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates.

   • Titles/Headings

   The headings and titles of sections to these Terms have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of these Terms. Neither You nor K’TA Institute shall rely on, or interpret substantively, the headings when construing the meaning of each section or these Terms as a whole.

   • Gender/Plural

   Whenever such wording may appear in these Terms, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

   • Contact Us

   If You have questions or concerns regarding these Terms, the Platform, K’TA Institute Services, or User Content, You may contact Us via physical or electronic mail at the address below. Note: the K’TA Institute office is not open to the public: K’TA Institute, Inc. 478 Majestic Gardens Blvd, FL 33880 Email: info@ktainstitute.com