Terms of Service for Arkili Academy
Please read these Terms of Service (hereinafter - the “Terms”) carefully before using the Arkili Academy Platform and/or Services (as defined below). If you do not accept these Terms in their entirety, including the agreement to arbitrate on an individual basis any claims between you and Arkili Academy LLC. (referred to as “Arkili Academy”,“Arkili Academy LLC”, “Arkili “ , “we”, and “us”), a corporation registered and organized under the laws of the state of Delaware, you must not access or use the Arkili Academy Platform.
1. GENERAL INFORMATION
1.1. Arkili Academy’s Services
You may access and use the Arkili Academy as: (i) a registered user seeking online language learning services (the “Student”); or (ii) a visitor of the Website, including the Arkili Academy Blog. Throughout these Terms, “you” or “your” may refer as applicable to the Student or a visitor accessing or using any of our Services (each the “User”). Arkili Academy services include access to the Arkili Pro, Arkili Pal, and Group Courses, to connect for online language learning services, and customer support and related services (the “Services”). Arkili Academy does not provide language teaching and teaching services.
You are responsible for obtaining and paying for any equipment and Internet service necessary to access the Services. We may alter, suspend, or discontinue the Arkili Academy or the Services in whole or in part, at any time and for any reason, without notice. The Arkili Academy may also become unavailable periodically due to maintenance or malfunction of computer equipment or other reasons. We may provide access to third party services and products from time to time or to our own products or Services. You acknowledge that the Arkili Academy is evolving and that the form and nature of the Services may change from time to time without notice to you. The collection, use, and sharing of your personal data are subject to the Privacy Policy and Terms of Use, as may be amended from time to time.
1.2. Terms of Service
These Terms describe the terms and conditions applicable to your access and use of the website, located at www.arkili.com (the “Website”) and its related mobile device application and software (collectively with the Website, the “Arkili Academy Platform”). Use of the Services is subject to these Terms and any other rules or policies published on the Website or otherwise made available to you by Arkili Academy. You understand that by creating an account on the Arkili Academy Platform, you enter into a legally binding contract with Arkili Academy with effect from this date and indicate your unconditional acceptance of these Terms. These Terms, as well as the Refund and Payment Policy and Privacy Policy, are legally binding agreements governing the relationship between Arkili Academy and any User (as defined below) or visitor of the Arkili Academy Platform. As a User or a visitor of the Arkili Academy Platform, the collection, use, and sharing of your personal data are subject to the Privacy Policy, as may be amended from time to time.
1.3. Amendments to these Terms
These Terms may be amended from time to time. The latest version of these Terms will be posted on the Arkili Academy website. If any modification is unacceptable to you, your only recourse is to discontinue using the Arkili Academy website and its related services. Your continued use of the website and its related services following the posting of a revised version of these Terms will mean that you accept and agree to such revisions.
2. OBLIGATIONS
2.1 Payment
Payments for our services on the Arkili Academy platform are handled by third-party payment processors such as stripe, paypal,TransferWise or other traditional bank transfers. The students can make payments using various payment methods, both on and off the Arkili Academy platform. Details on payment security can be found in the Privacy Policy. Note that the payment made by the student to Arkili Academy satisfies the student's obligation to pay the teacher for teaching services provided. For more information, please refer to the Refund and Payment Policy.
2.2. Services Eligibility
Services are available only to and may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 but not younger than the age of 13 can use our Services only in conjunction with and under the supervision of a parent or a legal guardian. The parent or the legal guardian shall at all times be responsible for any and all activities related to the use of the Services by the aforementioned individuals. You agree and confirm that you will not allow any individual younger than the age of 13 to use the Services.
2.3. Privacy
You may use the Arkili Academy Platform without providing personally identifiable information. When using the Services, you may be requested to provide your personal data. To learn more about our privacy practices, please refer to Arkili Academy Privacy Policy.
2.4. Refund
Arkili Academy aims to ensure transparency in the financial transactions between students and teachers for the services provided on our platform. For more information on refunds, please refer to our Refund and Payment Policy. Please note that any refund decisions are solely at our discretion and subject to applicable laws.
3. USER-GENERATED CONTENT
User-generated content refers to anything that users post on the Arkili Academy platform, including comments, information, images, and more. Arkili Academy is not responsible for what users post and doesn't endorse or guarantee the accuracy of user-generated content. Users are responsible for making sure their posts don't infringe on anyone's rights. Arkili Academy can remove posts if necessary and takes intellectual property infringement claims seriously. Users need to follow any lobbying restrictions when posting.
4. RIGHTS AND LIMITS
4.1. Your Use of the Arkili Academy Platform
If you're a student, you have a limited right to use the Arkili Academy platform for your own personal use, but you can't transfer or sublicense it.
If you're a teacher, you have a limited right to use the platform to provide teaching services, but you can't use automated means to access content or information. You also can't ask teachers to do work for you or violate any academic or conduct policies.
You can't copy, reproduce, modify, or distribute Arkili Academy materials without permission, unless it's specified in these terms. You can't share your account information with others.
Arkili Academy may limit your access to the platform to prevent unauthorized use. All rights not granted are reserved.
4.2. Your Account
Access to certain services on the Arkili Academy Platform is limited to registered users. To create a registered account as a student, you must sign up on the Arkili Academy Platform. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. If you suspect any unauthorized use of your account credentials, you must notify us immediately. As a non-registered user, you may still use the arkiliacademy.com website and its features, subject to these Terms and Arkili Academy's other policies. You may not (i) create more than one account, (ii) share your account credentials with any third party, or (iii) transfer your account to any third party. Arkili Academy is not responsible for any loss or damage caused by your failure to safeguard your account credentials. When you create an account on Arkili Academy, we may collect personal data directly from you or from a third-party service (such as Facebook or Google). By choosing to create an account through a third-party service, you authorize us to collect the necessary personal data for authentication. You have the option to add a profile photo but this is not a requirement to use our services. You may edit your account information at any time. The security of your personal information is subject to our Privacy Policy.
4.3. User Complaints
If a User has a complaint about the Services provided by Arkili Academy, they should contact Arkili Academy at info@arkiliacademy.com, providing as much detail as possible about the Complaint. Arkili Academy shall respond to the User confirming receipt and shall investigate the matter. Upon receiving the Complaint, Arkili Academy's customer support shall investigate the matter internally, taking into account the importance and complexity of the issue or issues raised. Arkili Academy shall respond to the User with its findings in response to the Complaint, and, where applicable, with a suggested solution.
4.4. Direct Interactions
At Arkili Academy, we aim to provide a platform for students to connect with teachers for educational support. We do not actively participate in the interactions between students and teachers on our platform except in the following circumstances:
(a) To ensure compliance with our Terms of Service
(b) To improve our Services
(c) As stated in our Refund and Payment Policy
Please note that Arkili Academy does not have control over the services provided by the teachers, any feedback or ratings provided by the students, or any actions or omissions of users on our platform.
4.5. Lesson Recording
You acknowledge and agree that, from time to time, Arkili Academy may record videos of your lessons.
This recording is intended solely for the purpose of ensuring the quality of the Services.
Recordings will not be shared externally, used for individual targeting, or used for any sales,
marketing, or other promotional purposes without written agreement of the user.
By using the Services, you agree and give consent for such recordings that is gratuitous,
unsolicited, and without restriction. You agree that Arkili Academy may use these recordings without fiduciary or other obligation and without any additional compensation.
You may opt out of any recordings of your lessons or request to remove any existing recordings
by writing to info@arkiliacademy.com.
5. ABSENCE OF ENDORSEMENTS
Arkili Academy does not endorse, warrant or guarantee any third-party product or service, and any reference to such entities or their offerings should not be interpreted as an endorsement by us. We are not a party to or monitoring any transactions involving third-party providers of products or services. It is important to exercise caution and use good judgment when evaluating and utilizing third-party offerings.
6. THIRD-PARTY WEBSITE LINKS
The Arkili Academy platform may include links to websites outside of Arkili. These links are provided as a convenience to enhance your experience with our services, and Arkili is not responsible for the content of these linked websites. Any website accessed from the Arkili Academy platform is separate from Arkili and we have no control over its content. A link to a non-Arkili website does not imply endorsement or responsibility for its content or use. Please be cautious and exercise good judgment when accessing third-party websites, as their terms of service and privacy policies apply.
7. Relation between Arkili Academy and users:
Arkili Academy acts as a platform that connects students with teachers and provides the tools to make teaching easy. Arkili Academy does not provide teaching services itself but instead acts as a technology service provider.
Users must use the platform only for the purpose of teaching services, and Arkili Academy will not be responsible for any taxes or liabilities related to the use of the platform.
Teachers are independent contractors and not employees of Arkili Academy. They are responsible for all costs related to the use of the platform and must follow all applicable tax regulations.
In all cases of use of the Arkili Platform, teachers are acting as independent contractors and not as Arkili’s or any other party’s employee, agent, franchisee, or servant. Accordingly, as independent contractors, each teacher at Arkili Academy decides when and how often they will provide teaching services to students. They control all aspects of the teaching, including the methods, materials, and content. Teachers can create subject-specific services for a certain number of hours.
Students are responsible for choosing the right teaching based on their credentials, education, experience, and reviews from other students. Teachers have the discretion to accept or decline requests for teachers' services and to continue or discontinue teachers relationships with any student.
Teachers can also perform teachers services for others or do other types of work outside of Arkili Academy, as long as it does not violate the terms of the platform.
8. NOTIFICATIONS
Unless you indicate otherwise, Arkili Academy will communicate with you via email, regular mail, or by posting communications on the platform. You consent to receive electronic communications and agree that these satisfy any legal requirement for communications in writing. You will be considered to have received a communication when it is sent to your email address on file or when it is posted on the platform. It is your responsibility to keep your email address up to date and regularly check the platform for postings. If you do not respond to an email from Arkili Academy regarding a violation, dispute, or complaint within 2 business days, your account may be terminated or suspended. To stop receiving specific communications from Arkili Academy, you can submit a notification via email to change the type and frequency of communications, or adjust your notification preferences in your account.
Video Content: By using our website, you may be asked to record and upload video content of yourself speaking to the camera. You acknowledge and agree that your video content may be used for the purpose of testing your language skills and that you have obtained all necessary consents from any individuals appearing in the video content. The video content will be stored on secure servers and will only be accessible by authorized personnel for the purpose of evaluating your language skills. You have the right to review and modify your video content before it is stored or shared with others. You may also withdraw your consent or request that your video content be deleted at any time by contacting us at info@arkiliacademy.com. Please note that once your video content has been deleted, it may not be recoverable
9. Feedback
You agree that we can ask for your opinions and ideas about our services and platform. By giving us your feedback, you give us permission to use it to make our services better. You also understand that giving feedback is voluntary and you won't receive compensation for it. We have the right to use your feedback however we want, including in future updates. You also agree that we can use similar ideas from other sources. You give us the right to use your feedback for any purpose, forever, without having to pay you or ask for permission again.
10. REVIEWS
You understand and agree that Arkili Academy will calculate an overall rating based on the feedback and evaluations given by other students. As a teacher you agree to be evaluated by your students on multiple criteria as determined by Arkili Academy. The academy's feedback and rating system is a means for students to express their opinions publicly, and Arkili Academy does not control or edit these opinions unless there is a report of inappropriate behavior. You may be held responsible for any damages caused to other students or third parties if your evaluations are found to be defamatory or otherwise harmful. Arkili Academy is not liable for any evaluations or comments made by students or third parties on its platform, even if they are defamatory or illegal. If you come across any abuse of the rating and feedback system, please report it promptly to the customer support team.
11. TERMINATİON
Arkili Academy reserves the right to terminate any User account if it determines, in its sole discretion, that such account is harmful to the platform or to other Users. This includes, but is not limited to, instances of fraud, misrepresentation, or any behavior that is in violation of the terms and conditions outlined in this agreement. If a User's account is terminated, the User will not be able to access the platform or any of its services and may be prevented from creating a new account. The User acknowledges and agrees that termination of their account may be conducted without prior notice and that all rights and obligations under this agreement will immediately cease upon termination
12. INTELLECTUAL PROPERTY RIGHTS:
Arkili Academy respects the intellectual property rights of others and requires that its users do the same. The content, trademarks, logos, images, and other material available on the Arkili Academy platform are protected by intellectual property rights including but not limited to, copyrights, trademarks, service marks, trade secrets, patents, and proprietary rights and laws. You may not use such materials except as permitted by the owner of such rights or as otherwise permitted by law.
Any unauthorized use of such materials may violate copyright, trademark, and other intellectual property laws and could result in criminal or civil penalties. Arkili Academy reserves the right to terminate any account or usage of the platform if it is found to be in violation of the intellectual property rights of others. It is your responsibility to ensure that your use of the platform complies with all applicable laws and regulations related to intellectual property rights.
13. Disclaimer of warranity
The use of Arkili Academy services is at your own risk. Arkili Academy assumes no liability in any interactions, transactions, or dealings with third parties, including students or tutors found on or through the platform. Arkili Academy is not responsible for any loss or damage resulting from your reliance on information on the platform, or for any results generated through the use of its services. The platform and its services are provided "as is" and without warranty of any kind. Arkili Academy is not responsible for any conduct between users, and users are solely responsible for their interactions with each other. Arkili Academy may attempt to assist in resolving disputes between users, but is not obliged to do so.
14. COPYRIGHT INFRINGEMENT & DMCA NOTICE:
Arkili Academy respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have a policy of removing any content that infringes upon the copyright rights of others, and disabling the access of repeat infringers to the Arkili Academy platform.
If you believe that any material on the Arkili Academy platform infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent. The notification must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Arkili Academy to locate the material.
Information reasonably sufficient to permit Arkili Academy to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney fees.
15. Limits of Responsibility
(a) We won't be held responsible for any harm or loss that may come from using our platform or services. This includes, but isn't limited to, harm caused by incorrect information, or problems with the platform or services.
(b) If there is a problem, the most we'll have to pay you is the amount you've paid us for the services in the past three months.
(c) If you have a dispute with us, you must file it as an individual and not as part of a group.
16. INTERNATIONAL USE
Arkili Academy is a global platform, but the availability of its services may vary based on location. Tutors and students from different countries may use Arkili Academy, but it is important to keep in mind that the laws and regulations of each country may affect the use of the platform. Arkili Academy does not guarantee that its services comply with the laws of every country and it is the responsibility of each user to comply with the laws of their own country when using Arkili Academy. Arkili Academy is not responsible for any user's violation of local laws while using the platform.
17. EXPORT CONTROL
You acknowledge and agree that the services provided by Arkili Academy LLC, located in Delaware, and its associated software, technology, and content may be subject to U.S. export control laws and regulations. You shall not use, export, re-export, import, or transfer the services or any associated technology or content in violation of any applicable laws or regulations, including without limitation the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury, and the International Traffic in Arms Regulations (ITAR) maintained by the U.S. Department of State. By using the services, you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any U.S. government restricted list, and that you will not use the services for any prohibited purposes, including but not limited to, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You further agree to comply with all applicable laws and regulations in your use of the services, including but not limited to all export control laws and regulations of the United States and the country in which you reside.
18. LIQUIDATED DAMAGES
In the event of any breach of this agreement by a tutor or student, Arkili Academy LLC shall be entitled to recover as liquidated damages from the breaching party, and not as a penalty, an amount equal to the total fees paid by the non-breaching party to Arkili Academy for the services provided under this agreement. The parties agree that this liquidated damage amount is a reasonable estimate of the harm that would result from a breach of this agreement and is not a penalty. This liquidated damages provision shall not limit the right of Arkili Academy to seek injunctive relief, nor shall it limit any other remedies available to Arkili Academy at law or in equity.
19. Indemnification
You agree to indemnify, defend, and hold harmless Arkili Academy LLC, its affiliates, and its and their respective officers, directors, representatives, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Arkili Academy platform, your violation of these Terms, or your violation of any third-party rights, including without limitation, any intellectual property rights. This obligation will survive the termination of these Terms.
20. DISPUTE RESOLUTION
In the event of any dispute arising out of or related to these Terms, the services provided by Arkili Academy, or the use of the platform, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute through negotiations, the dispute may be resolved through arbitration in accordance with the rules of the American Arbitration Association. Any award in an arbitration proceeding shall be final and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The parties agree to split the costs of arbitration equally. In the event that either party commences arbitration, the other party may recover attorneys’ fees and costs incurred in connection with the arbitration and enforcement of any arbitration award.
Any legal action relating to these Terms or the services provided by Arkili Academy must be brought in the state or federal courts located in Delaware, and both parties consent to the exclusive jurisdiction of such courts.
21. PROHIBITION OF SOLICITATION
You are prohibited from using the Services of Arkili Academy to solicit for any other business, website, or service. You are not allowed to solicit, advertise for, or contact Users for any purpose not related to the Services provided by Arkili Academy, unless you have obtained written permission from Arkili Academy. Additionally, you may not collect the usernames or email addresses of Users through electronic or other means without the prior written consent of Arkili Academy.
22. ENTIRE AGREEMENT. SEVERABILITY
This agreement constitutes the entire understanding between you and Arkili Academy with respect to the use of the services, and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Arkili Academy to act with respect to a breach of this agreement by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement shall be governed by and construed under the laws of the state of Delaware, without regard to the conflict of laws provisions thereof.
23. CONTACTS
For additional information and in case you have any questions about these Terms, please contact
info@arkiliacademy.com