This Agreement (“Agreement”) is made and entered into by and between Beats Capsule Records LLP, the owner of the KaaBharat brand (“Platform Provider”), LLM Service, the software provider, and the individual (“Instructor” or “Teacher”) providing the course content on the Platform (referred to collectively as the “Parties”).
In the context of the Terms & Conditions agreement, “Parties” refers to the entities involved in the agreement. Specifically:
- Beats Capsule Records LLP – The owner of the KaaBharat brand and the technology platform provider that facilitates the hosting of the courses.
- LLM Service – The software provider that offers the services or technology needed for the management and delivery of the courses on the Platform.
- Instructor (Teacher) – The individual providing the course content, instruction, and any associated services through the Platform.
1. Introduction
1.1 The Teacher agrees to provide educational content and instructions (“Course”) via the KaaBharat platform, provided by Beats Capsule Records LLP.
1.2 Beats Capsule Records LLP provides the platform technology and services for hosting the Course.
1.3 LLM Service provides software services for the effective management and delivery of courses through the Platform.
1.4 By accessing and using the Platform, the Instructor agrees to abide by these Terms and Conditions.
2. Responsibilities and Liabilities of the Instructor
2.1 The Instructor is solely responsible for the content, accuracy, and legality of the course material provided.
2.2 The Instructor warrants that:
- The course material will not infringe upon the intellectual property rights of any third party, will not be defamatory, misleading, or violate any applicable laws.
- The Instructor will not post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
- The Instructor will not use the Services for business other than providing tutoring, teaching, and instructional services to students;
- The Instructor will not frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
- The Instructor will not impersonate another person or gain unauthorized access to another person’s account;
2.3 The Instructor agrees to ensure that all statements, advice, or opinions expressed in the Course are their own and not those of Beats Capsule Records LLP or LLM Service.
2.4 The Instructor agrees to conduct themselves professionally and responsibly when interacting with students, adhering to the ethical standards of teaching.
2.5 The Instructor agrees to respond to student queries, feedback, and concerns in a timely and professional manner.
3. Role of Beats Capsule Records LLP
3.1 Beats Capsule Records LLP provides a technology platform for hosting and managing courses, including access to course materials, communication tools, and student management.
3.2 Beats Capsule Records LLP is not responsible for the course content, its accuracy, or any claims made by the Instructor.
3.3 Beats Capsule Records LLP will make reasonable efforts to ensure the Platform is functioning properly but does not guarantee uninterrupted service or absence of errors.
4. Role of LLM Service
4.1 LLM Service provides software services to support the delivery and management of the Course.
4.2 LLM Service is not responsible for the content of the course, nor does it endorse or verify the information provided by the Instructor.
5. Indemnification and Limitation of Liability
5.1 The Instructor agrees to indemnify and hold harmless Beats Capsule Records LLP, LLM Service, and their respective officers, employees, agents, and affiliates from any and all claims, damages, or liabilities arising from the Instructor’s content, actions, or any legal claims resulting from the Course.
5.2 Beats Capsule Records LLP and LLM Service shall not be liable for any damages (direct, indirect, incidental, special, or consequential) arising from the Instructor’s use of the Platform or any third-party interactions facilitated by the Platform.
6. Revenue Sharing and Payments
6.1 Revenue Sharing:
- Any revenue generated from the Course Content will be shared as per the revenue-sharing agreement specified in the onboarding process.
6.2 Payment Responsibility: - The Instructor is responsible for providing accurate payment details and complying with tax obligations under applicable laws.
7. Term and Termination
7.1 This Agreement will be effective as of the date of execution by the Teacher and will remain in effect until terminated by either party.
7.2 Termination by Beats Capsule Records LLP: Beats Capsule Records LLP reserves the right to terminate the Instructor’s access to the Platform if the Instructor fails to comply with the terms of this Agreement or engages in unlawful or unethical conduct.
7.3 Termination by Instructor: The Instructor may terminate this agreement upon 30 days’ written notice, provided all ongoing student commitments are fulfilled.
8. Content Removal, Suspension, and Banning of Instructors
8.1 We reserve the right to remove content, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including, but not limited to, the following circumstances:
- The instructor or content does not comply with our policies or legal terms, including the Terms of Use;
- The content falls below our quality standards or has a negative impact on the student experience;
- The instructor engages in behavior that might reflect unfavorably on Beats Capsule Records LLP or bring Beats Capsule Records LLP into public disrepute, contempt, scandal, or ridicule;
- As determined by Beats Capsule Records LLP in its sole discretion.
9. Intellectual Property
9.1 The Instructor retains ownership of all intellectual property rights related to their course material.
9.2 All platform-related materials, including software, logos, and branding, remain the sole property of Beats Capsule Records LLP.
9.3 Beats Capsule Records LLP and LLM Service are granted a non-exclusive, worldwide license to use, distribute, and display the course materials for the purpose of hosting the Course on the Platform.
9.4 The Instructor agrees not to use the Platform to infringe on any third-party intellectual property rights.
10. Confidentiality
10.1 The Instructor agrees to keep confidential all proprietary information shared by Beats Capsule Records LLP or LLM Service during the term of this Agreement.
10.2 This confidentiality obligation will remain in effect for a period of five years following the termination of this Agreement.
11. Disclaimer of Warranties
11.1 Platform as-is:
- Beats Capsule Records LLP provides the platform “as-is” and makes no warranties regarding its uninterrupted or error-free operation.
11.2 No Guarantees for Instructor Success:
Beats Capsule Records LLP does not guarantee any specific outcomes or revenues for the Instructor.
12. Governing Law and Dispute Resolution
12.1 This Agreement shall be governed by and construed in accordance with the laws of the Government of India.
12.2 Any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration or mediation, conducted in the jurisdiction where Beats Capsule Records LLP is based. The venue for arbitration or mediation shall be [Delhi], India, and the language of arbitration shall be English. The decision of the arbitrator(s) shall be final and binding on the Parties.
13. Entire Agreement
13.1 This agreement constitutes the entire understanding between the parties and supersedes all prior agreements, representations, or understandings, whether written or oral.
By agreeing to these Terms and Conditions, the Instructor acknowledges that they have read, understood, and accepted the responsibilities and limitations outlined herein.
