1. Contractual Framework and Application
1.1. Scope of Agreement: This Agreement binds all Users (learners) and all Tutors/Instructors who contribute content to the Platform. Any reference to “User” or “You” also applies to the Tutor concerning platform use and conduct.
1.2. Authority and Acceptance: By providing, uploading, or distributing content via the Platform, the Tutor confirms reading, understanding, and agreeing to these Terms, thereby establishing a binding contract with Hellobugs Entertainment.
1.3. Legal Context: This contract is governed by the laws of India.
2. Services, Eligibility, and Tutor Role
2.1. Nature of Service (Distribution): Tutors authorize Mcubes Online to distribute their proprietary digital learning and tutoring services. The Tutor operates as an independent contractor and is not an employee, agent, or partner of Hellobugs Entertainment.
2.2. Tutor Vetting and Content Accuracy: While the Company vets Tutors for skill and authenticity, the Tutor is solely responsible for the accuracy, originality, and legality of all content they upload. The Company does not guarantee specific learning outcomes resulting from a Tutor’s course.
2.3. Platform Integrity: Tutors must use their accounts strictly for content management and teaching. Any misuse, fraud, or violation of these Terms will result in termination of the distribution agreement.
3. Tutor Account Management and Security
3.1. Account Responsibility: Tutors must maintain the confidentiality of their credentials. The same rules against account sharing, selling, duplicating, or transferring credentials apply rigorously to Tutors.
3.2. Prohibited Content and Conduct (Tutor): Tutors must not upload content that is illegal, defamatory, infringes on third-party IP, contains malicious code, or misrepresents its capabilities or deliverables.
4. Intellectual Property Rights (IPR) and Content Licensing
4.1. Tutor Content Ownership: The Tutor retains the copyright to the instructional content they create.
4.2. Grant of Distribution License: The Tutor grants Hellobugs Entertainment a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, sell, and distribute the content to learners through the Platform, subject to the financial terms in Part B.
4.3. No Unauthorized Reproduction (Tutor): Tutors are strictly prohibited from using the Platform’s core code, design, or infrastructure. Tutors may not record, copy, or distribute other tutors’ content or the general platform content. All contents are copyrighted.
5. Tutor Payout and Financial Terms
5.1. Payout Threshold: Tutor earnings will only be disbursed once the accrued balance reaches a minimum threshold of 100 USD (One Hundred US Dollars). Balances below this amount will roll over to the next payout cycle.
5.2. Payout Method: All earnings are paid directly to the Tutor’s designated bank account.
5.3. Transaction Fee Guarantee: Hellobugs Entertainment assures Tutors that they will receive their full earned share above the threshold. The Company assumes responsibility for all bank transaction fees and payment charges associated with the disbursement of earnings from Mcubes Online to the Tutor’s bank account. No payment charges will be deducted from the Tutor’s share for this transaction.
6. Tutor Accountability in Refunds and Misconduct
6.1. Financial Liability for Refunds: The Tutor agrees to the terms in Part B (Section 3.3). If a refund is approved because the Tutor’s course was materially not as described, the refund amount paid to the User will be charged back directly to the responsible Tutor’s outstanding account balance.
6.2. Termination for Cause: The distribution agreement and the Tutor’s account may be immediately and permanently terminated for:
- Repeated valid complaints regarding content quality or delivery.
- Violation of IPR (uploading copyrighted content they do not own).
- Any form of financial fraud or attempt to mislead the Platform or Users.
7. Indemnification
The Tutor agrees to defend, indemnify, and hold harmless Hellobugs Entertainment from any claims, damages, or expenses (including legal fees) arising from the Tutor’s content (e.g., copyright infringement claims) or the Tutor’s breach of these Terms.
(Note: The subsequent Refund & Cancellation Policy and Privacy Policy sections remain as defined in the previous response, with the added financial liability and payout terms from the recent update.)