Legal

Leland+ Coach Content Terms

These Terms were last updated on July 5, 2023

When you decide to contribute content to Leland+, you agree to abide by these Coach Content Terms (“Terms”). These Terms cover details about the aspects of the Leland platform relevant to coaches and are incorporated by reference into our Terms of Service, the general terms that govern your use of our Services. Any capitalized terms that aren’t defined in these Terms are defined as specified in the Terms of Use.

As a coach, you are contracting directly with Leland, Inc. (a Delaware corporation in the United States).

As a coach submitting content to Leland+, you are responsible for all content that you post, including video content, exercises, examples, templates, resources, and information (“Submitted Content”).

You represent and warrant that:

• you will provide and maintain accurate account information;

• you own or have the necessary licenses, rights, consents, permissions, and authority to authorize Leland to use your Submitted Content as specified in these Terms and the Terms of Service;

• your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;

• you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and,

• you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.

You warrant that you will not:

• post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory, or libelous content or information;

• 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;

• use the Services for business other than providing tutoring, teaching, and instructional services to customers;

• engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;

• frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;

• impersonate another person or gain unauthorized access to another person’s account;

• interfere with or otherwise prevent other coaches from providing their services or content; or,

• abuse Leland’s resources, including support services.

1. 2.1
   Content Distribution.

   You grant Leland the rights to offer, market, and otherwise exploit your Submitted Content. This includes the right to add captions or otherwise modify Submitted Content to ensure accessibility.

   Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time. However, (1) rights given to customers before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Leland’s right to use such Submitted Content for marketing purposes shall survive termination.

   When you submit content, you authorize Leland to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

   In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Leland for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content you submit. You also agree to all such uses of your content with no compensation paid to you.

   We may record and use all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Leland permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Leland’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

2. 2.2
   AI Training & Development.

   You acknowledge and agree that Leland may use, reproduce, and analyze your Submitted Content for the purpose of training, refining, and developing artificial intelligence prompts, models, algorithms, and related technologies (“AI Technologies”). This includes, but is not limited to, machine learning, natural language processing, and data analytics.

   Anonymization and Aggregation: Leland may anonymize and aggregate your Submitted Content with other content for the purposes of AI training. Once anonymized, the content will not be personally identifiable.

   Retention for AI Purposes: Notwithstanding any other provision in this Agreement, Leland may retain copies of your Submitted Content for the sole purpose of ongoing AI training, development, and research, even after the content has been removed from public view or deleted from our Services.

   No Compensation for AI Training: You understand and agree that your Submitted Content’s use for AI training and development purposes will not entitle you to any compensation, whether the AI Technologies are commercialized or not.

   Intellectual Property: Any AI Technologies, insights, or developments that arise from or are related to the use of your Submitted Content will be the exclusive property of Leland. You waive any claims to ownership or rights to these AI Technologies, insights, or developments.

   Transparency and Ethics: Leland commits to using your Submitted Content for AI training and development in a manner that is ethical, transparent, and in compliance with applicable laws and regulations. Leland will not use the Submitted Content to train AI Technologies for purposes that promote discrimination, harm, or violate the rights of individuals or groups.

   Feedback on AI Technologies: Should you interact with any AI Technologies developed using your Submitted Content, you grant Leland the right to collect and use feedback regarding your interactions for the purpose of further refining and improving the AI Technologies.

1. 3.1
   Trust & Safety Policies.

   You agree to abide by Leland’s Trust & Safety policies and other content quality standards or policies prescribed by Leland from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to Leland’s approval, which we may grant or deny at our sole discretion.

   We reserve the right to remove content, suspend payouts, and/or ban coach content for any reason at any time, without prior notice, including in cases where:

   • content does not comply with our policies or legal terms (including the Terms of Use);

   • content falls below our quality standards or has a negative impact on the customer experience;

   • a coach engages in behavior that might reflect unfavorably on Leland or bring Leland into public disrepute, contempt, scandal, or ridicule;

   • a coach engages the services of a marketer or other business partner who violates Leland’s policies;

   • a coach uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates Leland’s policies; or,

   • as determined by Leland in its sole discretion.

2. 3.2
   Anti-Piracy Efforts.

   We may, from time to time, partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you hereby appoint Leland and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your content, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant Leland and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.

   You agree that Leland and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to info@joinleland.com with the subject line: “Revoke Anti-Piracy Protection Rights” from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.

1. 4.1
   Revenue Share.

   Leland+ content is available to users via monthly and annual subscriptions, paid directly to Leland. For each user, we calculate the gross amount that Leland receives for that month (“Gross Amount”). This amount is a pro-rated amount for annual subscribers. From there, we subtract any Transaction Fees incurred from Stripe, our payment processor, to calculate the net amount from the subscription (“Net Amount”).

   For users that accumulated >10 seconds of viewing content or downloaded at least one template (“Active Users”), Leland will take 50% of the customer’s Net Amount, and contribute that amount to a pool that will be distributed to coaches based on that customer’s engagement with content.

   Engagement is measured differently for each content type. For videos and PDFs, engagement is measured by viewing time. For templates, each download is considered to be the equivalent of 30 seconds of viewing time. At the end of each month, we calculate payouts based on a percentage of each user’s engagement with the various content types on the platform.

2. 4.2
   Receiving Payments.

   Coach content creators are expected to have a coaching account on Leland, but do not need to be listed publicly on the site. This enables us to pay you in a timely and secure manner via Stripe.

   In order to ensure proper calculation of payouts across various coach content contributors, payouts will be released two payout periods after the month ends, exactly one month after the engagement month ends (e.g. October 2023 payouts will be released in the December 1st payout period).

While you are a published coach and subject to the requirements below, you may use our trademarks where we authorize you to do so.

You must:

• only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;

• only use our trademarks in connection with your Submitted Content available on Leland+ or your participation on Leland; and,

• immediately comply if we request that you discontinue use.

You must not:

• use our trademarks in a misleading or disparaging way;

• use our trademarks in a way that implies that we endorse, sponsor, or approve of your Submitted Content or services;

• use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material; or,

• use trademarks of a third-party organization that has not been cleared, in writing, by the Leland team.

1. 6.1
   Updating These Terms.

   From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Leland reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

   Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

2. 6.2
   How to contact us.

   The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.