25 November, 2020

Terms of Use

Please read these Terms and Conditions ("Terms", "Terms and Conditions", "Terms of Use") carefully before using the https://senseily.com website (the "Service") operated by Tokyo Crew OÜ ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

The Platform

senseily.com ("Senseily") provides a platform that allows Schools to build, design, publish, and sell courses and learning experiences (“Content”) to their Students. Senseily offers this Content platform along with other additional services and tools like payment gateways, author and affiliate payouts, and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “Senseily Services”.

By using our Platform in any manner you are expressly agreeing to, and give your consent to be governed by, these Terms of Use. 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 Senseily’s Platform in any manner.

Senseily is neither a content provider nor an educational institution. Schools and Students are not employees of Senseily. Senseily 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 Content available and, at each Creator’s election, for processing payments through Senseily’s payment gateway(s). Senseily 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.

Senseily only provides Schools with limited information about the Students enrolled in their Content, including name, email address, avatar and the Content in which the Student has enrolled. This information is only available to the School upon the purchase or enrollment of a Student in the School’s Content. Senseily does not provide, sell, rent, release, disclose, etc. Student data to Schools 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 School on the Platform.

Age Restriction

The platform is available for any user with at least 18 years old. If you are between 13 and 18 years old, you can still use the Platform but you must have your parents or guardian's permission.

By using the Platform confirm having at least 18 years old or 13 years old and the permission of your parents or guardian.

If you are under 13 years old, you may not use our Platform in any manner.

School And Student License

Senseily grants Schools with a limited license to access and use the Platform for your own personal and commercial purposes. The licence can not be assigned or sublicensed to anyone else.

You will not try to reproduce, redistribute, sell, decompile, reverse engineer, or disassemble the Platform. You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Senseily are reserved.

Code Of Conduct

  • No illegal activities
  • No fraud
  • No spam and data mining
  • No exploitation
  • No impersonation
  • No activities related to bots
  • No use other than the intended

Any violation to this basic and common sense rules means the deletion of your account and associated data.

Whether conduct violates our Code of Conduct will be determined in Senseily’s sole discretion.

School Content

If Senseily finds that the School content is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement the user account and content will be deleted from the platform.

Intellectual Property

  • Senseily Content

    The content on the Platform, including all information, software, technology, data, 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 "Senseily Content", and is and remains the sole property of Senseily. Senseily Content, including our trademarks, may not be modified by you in any way.

  • School Content

    The content You upload to the Platform is and remains Your content. Senseily does not claim any intellectual property rights over the materials You upload to the Platform by virtue of Your use of our services.

    By uploading your content to the Platform, You agree that:

    • Senseily may review Your content for any reason.
    • Senseily does not in anyway certify or provide approval or permission prior to You uploading Your content.
    • Senseily may display Your content to other users via de Platform.
    • You agree allowing us to store Your content.
    • You are responsible for and own, or have the rights to use, all of Your content

Rights In Operating The Platform

Senseily reserves the following rights over the entire Platform.

  • Senseily may modify, terminate, or refuse to provide the Services at any time for any reason, without notice.
  • Senseily may remove anyone from the Platform at any time for any reason, solely in its own discretion. This right is not modified by any other section of this Agreement.
  • Senseily reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
  • If You close Your account or terminate Your School, Senseily may keep a copy of Your 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.
  • Senseily reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement.

School Content Prices

Senseily is not responsible for setting the pricing on School’s Content. Prices for courses and learning services are set by the School.

Account Ownership

Senseily has the right to request additional information from You to determine account ownership.

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 billing information and details
  • Certified copies of your tax forms

Senseily 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.

Payments

Payouts

  • Paypal

    Schools have the option to set up Paypal payouts from their school’s Admin page. You agree to the terms that appear in this Agreement and/or on the Platform regarding Paypal payments.

    • Third Party Agreement: In setting up Paypal, You may be instructed to agree to terms of service offered by Paypal. Paypal is an independent party from Senseily and Senseily is not responsible for the contents of their terms of service. Should Paypal’s terms of service differ from Senseily’s terms, such differences shall not modify this Agreement in any manner.
    • By using Paypal Payments You agree that Senseily may place a portion of Your school sales in reserve for a period of time to cover losses, chargebacks, refunds, etc.
  • Bank

    Schools have the option to set up Bank payouts from their school’s Admin page.

    Bank payouts are provided by our partner Stripe. You agree to the terms that appear in this Agreement and/or on the Platform regarding Stripe payments.

    • Third Party Agreement: In setting up Stripe, You may be instructed to agree to terms of service offered by Stripe. Stripe is an independent party from Senseily and Senseily is not responsible for the contents of their terms of service. Should Stripe’s terms of service differ from Senseily’s terms, such differences shall not modify this Agreement in any manner.
    • By using Stripe Payments You agree that Senseily may place a portion of Your school sales in reserve for a period of time to cover losses, chargebacks, refunds, etc.

Chargebacks

A chargeback can occur for many reasons. Fraud, stolen credit cards, customers not happy with the product they received...

Senseily teams with you when a customer starts a chargeback procedure. We will make all possible legal actions to justify that transaction to the card provider and prevent the final chargeback.

If the chargeback finally happens, the customer will be refunded with the transaction amount and the School will be charged with the transaction fee. This fee is deducted from Your school’s payout balance.

Senseily reserves the right to refund the customer before a chargeback procedure is started.

Senseily reserves the right to cancel your account if you get involved in too many chargeback procedures.

Fees are subject to change.

EU Value Added Tax

You agree to the following:

  • For Content sold through the Senseily Platform, Senseily is the supplier of the Content and acts as the principal in that transaction. Regardless of whether the School is a taxable or non-taxable individual or entity, Senseily is taking part in the supply of the Content and as such shall collect and remit EU VAT.
  • As the provider of the gateway responsible for processing the payment for the Content purchased, Senseily is responsible for collecting payment.
  • Senseily sets the general conditions for all Content sold over the Senseily Platform, including adherence to Senseily’s refund policy.
  • Senseily determines the delivery of the Content to Students, utilizing the payments processed through Senseily Platfrom as a predicate event to delivering the Content to the Student.
  • Invoices issued to Students shall clearly display Senseily as the supplier of the Content.
  • Invoices issued to Students shall identify the Content purchased by the Student.
  • Senseily is responsible for authorizing the charges made to Students for Content purchased through the Senseily Platform.
  • Any EU VAT filings made by Senseily shall be the sole responsibility of Senseily. Senseily will handle all EU VAT which may be levied on the charges made to Students for purchasing Content. Schools should not have to submit EU VAT tax returns themselves for the sales made through the Senseily Platform. Schools will indemnify, defend, and hold Senseily harmless from and against any tax, penalty and interest arising from the School’s personal tax position.

Unless explicitly mentioned in this Agreement, Schools and Students are otherwise responsible for the payment of any and all applicable taxes that become due from their use of the Platform.

Fees

Pricing for the Platform is described on our landing page (https://senseily.com/).

Depending on the processing method, Senseily 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.

Paid plans are automatically charged at the beginning of each billing period, after the trial days if any.

Senseily may restrict Your Platform access until Your account becomes current and paid in full.

Senseily reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.

Fees may also be applied to transactions related to Student enrollments and learning services purchases. The School is responsible for these fees. The fee amount will be deducted from the total amount paid by the student. This means that Schools will receive the amount paid by the student minus the fee of our payments partner.

You can check our payments partner fees, Stripe, on its website.

Refund Policy

Schools

  • Monthly Plans

    Schools on monthly paid plans are entitled to a full no-questions-asked refund within fourteen (14) days of first signing up for a paid plan, or upgrading to a higher priced plan.

  • Annual Plans

    Schools on annual plans are entitled to a full no-questions-asked refund within fourteen (14) days of first signing up for an annual plan.

  • Abuse of the Refund Policy

    Senseily reserves the right to refuse refunds to Schools 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.

Students

By default, all Students purchasing Courses and educative content form Schools are entitled to a fourteen (14) day refund from the date of purchase unless the School has defined their own Refund Policy.

It is the Student’s responsibility to understand the refund policy for Content prior to purchasing such Content from a School.

Senseily 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.

Senseily reserves the right to provide a refund to any student at any time in Senseily’s sole discretion.

Sole Discretion

Any requests for a refund, whether by a School or a Student, will be ultimately determined in Senseily’s sole discretion.

Cancellation And Deletion

Cancellation

If You cancel a paid 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 Senseily may disable access to features available only to paid plan users.

Deletion

You may delete Your account at any time.

Any account on the free plan may be deleted if it remains inactive for a continuous period of at least 6 (6) months. Activity will be determined by Senseily in its sole discretion.

Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.

Result of a cancellation/deletion

If Your account is deleted, Your Content may no longer be available and all licenses granted will terminate.

Senseily is not responsible for the loss of such content upon deletion.

Senseily shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations.

Errors

Senseily does not guarantee that unexpected errors won't appear and system wil be accessible 100% of the time although the maximum effort is put into preventing this.

Senseily is constantly making improvements to the Platform. Always implementing these changes avoiding disrupting peak hours, but some downtime may occur.

Errors in the School Content are the responsibility of the School 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 Schools and Students.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact

If you have any questions regarding this Terms Of Use and Conditions or the practices of this Site, please contact us at customer@senseily.com.