Terms of service

Effective Date: 15.09.2024

Welcome to WeTeach.lu, a platform designed to empower educators by providing a space to share, sell, and discover high-quality teaching resources. WeTeach is owned and operated by Savvy Fox, a company committed to supporting educational professionals by creating innovative tools and services. By using our platform, you agree to abide by the terms outlined in these Terms of Service. These terms govern your access to and use of WeTeach, so please read them carefully before engaging with our platform. If you do not agree with these Terms, please do not use our Service.

1. Acceptance of Terms
By creating an account or using our Service, you agree to comply with and be bound by these Terms, our Privacy Policy, and any other policies or guidelines we may provide. We may update these Terms from time to time, and your continued use of the Service constitutes acceptance of any changes.

2.MEMBERSHIP
2.1 Eligibility
To access and use WeTeach, you must meet the following eligibility criteria:
Age Requirement: You must be at least 16 years old. By using our Service, you confirm that you are 16 years of age or older. If you are using our Service on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.
Accurate Information: You agree to provide accurate, complete, and up-to-date information when creating an account, using our Service, or communicating with other users. This includes, but is not limited to, your name, contact details, payment information, and any other personal or business information required for using the Service.
False or Misleading Information: You must not provide false, misleading, or deceptive information. Providing inaccurate information may lead to account suspension or termination and could result in legal consequences.
Respectful Communication: When interacting with other users, whether through comments, messages, or any other form of communication on our platform, you agree to be respectful and professional. Harassment, discrimination, threats, or offensive language are strictly prohibited and may result in penalties or account suspension.
2.2 Password Security
Choosing a Password: When setting up your account, you are required to choose a password. Your password should be unique, strong, and confidential. We recommend using a combination of letters, numbers, and special characters to enhance security.
Confidentiality: You are responsible for maintaining the confidentiality of your password and any other login credentials. Do not share your password with others or use easily guessable information.
Account Security: If you suspect that your password has been compromised or that unauthorized access to your account has occurred, you must immediately notify WeTeach. We will take appropriate measures to secure your account and investigate any potential security breaches.
Changing Your Password: Regularly updating your password is a good practice to enhance security. WeTeach provides mechanisms for changing your password within your account settings.
By adhering to these guidelines, you help us maintain a secure and trustworthy platform for all users. Failure to comply with these responsibilities may lead to actions taken against your account, including suspension or termination.

2.3 Membership Types
WeTeach offers two distinct membership types to cater to the needs of our users: Sellers and Buyers.
Sellers: Sellers are individuals or organizations who list and sell educational resources and materials on WeTeach. To become a Seller, you must create a seller account, provide necessary business information, and agree to our Seller Terms. Sellers are responsible for ensuring that all content they offer is legally compliant, including respecting intellectual property rights and obtaining necessary permissions for any copyrighted material. Sellers are also responsible for managing their own listings, including setting prices, maintaining product descriptions, and handling customer inquiries and transactions.
Buyers: Buyers are users who purchase educational resources from Sellers on WeTeach. To become a Buyer, you need to create a buyer account, which allows you to browse and purchase resources from our marketplace. Buyers are required to provide accurate billing and payment information and agree to our Buyer Terms. By making a purchase, Buyers enter into a transaction agreement with the Seller, and any issues related to the purchased content should be addressed directly with the Seller.
Both Sellers and Buyers are subject to the terms and conditions outlined in our Privacy Policy and these Terms of Service. WeTeach acts as an intermediary platform facilitating these transactions but is not responsible for the content sold by Sellers or the specifics of individual transactions.

2.4 Fees and Taxes
2.4.1 Seller Fees
Sellers on WeTeach are subject to certain fees for using our platform. These fees are applied to cover the costs associated with listing, selling, and processing transactions. The specific fee structure will be outlined in your Seller Dashboard and may include:
Transaction Fees: A percentage of each sale, deducted from the sale price of your product.
Payment Processing Fees: Fees charged by third-party payment processors for handling financial transactions.
Yearly Registration Fee: To maintain an active Seller account, there is an annual registration fee. The fee for the first year is set at 50€, and for each subsequent year, the fee will be 85€. This fee ensures continued access to all Seller tools and features on WeTeach.
WeTeach reserves the right to modify these fees at any time. Any changes to the fee structure, including adjustments to the yearly registration fee, will be communicated to Sellers in advance. It is the Seller’s responsibility to review and understand the applicable fees before listing products.

2.4.2 Buyer Fees
Joining as a Buyer is free. Buyers may, at any time, and after paying any applicable fees, upgrade to a Seller Membership.

2.4.3 Taxes
Value Added Tax (VAT): All transactions on WeTeach are subject to VAT in accordance with Luxembourgish tax laws. VAT will be applied to the sale price of products and will be clearly indicated at checkout. Sellers are responsible for ensuring their pricing includes VAT and for complying with all applicable tax regulations.
Tax Responsibilities: Sellers are responsible for managing their own tax obligations, including VAT registration, tax reporting, and remittance. WeTeach provides a platform to facilitate transactions but does not assume responsibility for tax compliance on behalf of Sellers or Buyers.
Buyers are encouraged to check the final amount including any applicable taxes and fees before completing their purchase. For specific inquiries about taxes and fees, please consult your local tax advisor or contact WeTeach support.

2.5 RELATIONSHIP
These Terms are the entire agreement between you and WeTeach, and they govern your relationship with WeTeach. Becoming a Member of our Services does not create an agency, employment, or partnership relationship between you and WeTeach. WeTeach is not the employer of, and does not act as an agent for, any Member.

4. User Responsibilities
As a user of WeTeach, whether as a Seller or Buyer, you agree to uphold certain responsibilities to ensure a respectful, lawful, and secure environment for all participants on our platform. Accuracy and Honesty: You are required to provide accurate, complete, and up-to-date information during account registration and while using our services. This includes providing truthful details in your profile, listing products, and making purchases. Misrepresentation or provision of false information is a violation of our Terms and may lead to account suspension or termination. Compliance with Laws: You must adhere to all applicable laws and regulations, including those related to intellectual property, data protection, and consumer rights as per Luxembourgish and EU law. This includes ensuring that any content you upload or distribute does not infringe on third-party copyrights, trademarks, or other intellectual property rights. Respectful Conduct: All interactions on the platform must be conducted in a professional and respectful manner. Harassment, abuse, discriminatory remarks, or any form of offensive behavior is strictly prohibited. Prohibited Actions: Specifically, it is strictly forbidden to share, distribute, or otherwise disseminate products purchased from WeTeach to unauthorized parties. This includes but is not limited to:
Unauthorized Sharing: Sharing purchased content with individuals who have not purchased the product themselves, including sharing via email, social media, or other means.
Uploading to School Servers: Uploading purchased educational resources onto school servers, learning management systems, or any other digital platforms without explicit permission from WeTeach or the original Seller. This practice is considered a violation of intellectual property rights and may result in legal consequences.
Security: You are responsible for maintaining the confidentiality of your account credentials, including your password. Ensure that your password is unique, strong, and not shared with others. If you suspect any unauthorized access to your account, promptly notify WeTeach to take appropriate action.

5. Seller Responsibilities
As a Seller on WeTeach, you bear full responsibility for the content and products you offer through our platform. This includes ensuring that all products listed for sale are compliant with applicable laws and our Terms of Service. You are required to undertake rigorous due diligence to confirm that any educational resources, materials, or content you upload do not infringe on any third-party intellectual property rights and are legally authorized for use and distribution. This means that you must verify that all components of your products, including text, images, and other media, are either your original creations, properly licensed, or in the public domain. If you use copyrighted material, you need to create a separate page in your document, listing all the Credits; logos AND links of the people you used materials from.
Content Compliance: Sellers must ensure that their products are appropriate for the intended audience, particularly when dealing with educational materials for children. This includes but is not limited to:
Prohibition of Inappropriate Content: All content must be free of sexual material, graphic violence, hate speech, or any other content that may be deemed harmful, offensive, or inappropriate for educational settings. WeTeach maintains a strict policy against the inclusion of such content, and Sellers are responsible for adhering to these standards.
Safety and Suitability: Products should be designed with consideration for the safety and well-being of users, especially children. Ensure that your resources do not contain any harmful information, discriminatory content, or other elements that could negatively impact users. Accountability for Compliance: By listing products on WeTeach, you acknowledge that you are solely responsible for ensuring compliance with these standards. WeTeach does not review or monitor the legality or appropriateness of individual products and therefore does not assume any responsibility or liability for content that violates our Terms of Service or legal requirements. Should you fail to comply with these obligations, you may face account suspension or termination, and any legal consequences arising from such non-compliance will be your responsibility. Indemnification: You agree to indemnify and hold WeTeach harmless from any claims, liabilities, losses, or damages (including legal fees) arising from your failure to comply with these responsibilities, including any claims related to intellectual property infringement, inappropriate content, or other legal violations.
By fulfilling these responsibilities, you contribute to maintaining a safe, legal, and professional marketplace on WeTeach. It is crucial to conduct thorough checks and exercise diligence in ensuring that all content you provide meets our standards and legal requirements.

6. Intellectual Property
• WeTeach’s Intellectual Property: All content and materials provided by WeTeach, including but not limited to trademarks, logos, graphics, website design, software, and text, are owned by WeTeach or its licensors and are protected by copyright, trademark, and other intellectual property laws. Users may not use, reproduce, modify, or distribute any of WeTeach’s intellectual property without express written permission. Any unauthorized use may result in legal action.
• User Content: By uploading or sharing any content, including but not limited to educational resources, lesson plans, worksheets, or other materials (“User Content”) on WeTeach, you retain ownership of the intellectual property rights to your content. However, you hereby grant WeTeach a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in connection with the operation and promotion of the Service. This license will remain in effect until you remove your content from the platform, except to the extent that your content has been shared with other users who may have retained a copy.
• Third-Party Intellectual Property: If you incorporate any third-party intellectual property (such as images, text, or other copyrighted materials) into your content, you must ensure that you have the necessary rights or permissions to use and share that content on the platform. WeTeach is not responsible for any intellectual property violations resulting from user-uploaded content.
• Reporting Intellectual Property Violations: If you believe that any content on the platform infringes upon your intellectual property rights, please contact us with a detailed description of the alleged infringement. We will review the claim and, if necessary, take appropriate action, including removal of the content or termination of user accounts.

7. Dispute Resolution
• Dispute with Sellers: In the event of a dispute between you and a seller regarding the content, quality, or delivery of educational materials or services, you agree to attempt to resolve the issue directly with the seller. WeTeach acts solely as a platform provider and is not a party to the transaction between buyers and sellers. While WeTeach may offer mediation or assistance in resolving disputes, we are under no legal obligation to do so, and any resolution is at our sole discretion. Both parties are encouraged to approach disputes in good faith and in accordance with applicable consumer protection laws of Luxembourg and the European Union.
• Dispute with WeTeach: In the event of a dispute between you and WeTeach, you agree to first contact us directly to seek a resolution. If we are unable to resolve the dispute through informal means, any legal claims must be brought before the competent courts in Luxembourg. However, users within the European Union may be entitled to use the European Commission’s Online Dispute Resolution (ODR) platform to resolve consumer disputes.
• Governing Law: All disputes arising from or relating to these Terms or your use of the platform shall be governed by the laws of the Grand Duchy of Luxembourg, without regard to conflict of law provisions. By using our platform, you agree that any legal action or proceeding relating to these Terms will be brought exclusively in the courts located in Luxembourg City, Luxembourg.
• Limitation of Liability: WeTeach, including its affiliates, officers, directors, employees, and agents, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or any other intangible losses arising out of your use of, or inability to use, the Service. This limitation applies even if WeTeach has been advised of the possibility of such damages. Nothing in this section shall limit or exclude liability for gross negligence, fraud, or intentional misconduct as per Luxembourgish and EU law, or for any liability that cannot be excluded or limited under applicable law.
• Consumer Rights: Users located within Luxembourg and the European Union have specific statutory rights related to consumer protection that may not be excluded or limited by this agreement. If a provision of these Terms is found to be unenforceable under Luxembourgish consumer law, such provision shall be modified to the extent necessary to comply with legal requirements, and the remainder of the Terms shall remain in full force and effect.

8. Termination
• Termination by WeTeach: WeTeach reserves the right to terminate or suspend your account and access to the Service at our discretion, with or without cause, and with or without notice. Termination may occur in cases where users engage in harmful conduct, violate our content-sharing policies, or breach any other aspect of these Terms. Examples of reasons for termination include, but are not limited to:
Violation of Content Guidelines: Uploading or distributing content that violates our guidelines, such as copyrighted material without permission, harmful or offensive content, or content that promotes discrimination, violence, or illegal activities.
Unauthorized Sharing of Products: Sharing or redistributing products or resources from other sellers without proper authorization, or misrepresenting ownership of content, which is strictly prohibited. Sellers must retain ownership of the content they share and respect the intellectual property of others.
Fraudulent Activity: Engaging in fraudulent activities, such as manipulating product reviews, misrepresenting products or services, or using false information during account registration.
Harmful Conduct: Harassing or bullying other users, disrupting the platform’s operations, or attempting to gain unauthorized access to user accounts or data.
Violation of Legal Obligations: Failing to comply with applicable laws and regulations, including those related to intellectual property, privacy, and consumer rights in Luxembourg, the EU, or any other relevant jurisdiction.
• Notice of Termination: WeTeach will typically provide advance notice of account suspension or termination when possible. However, we may terminate or suspend your account immediately without notice in cases of severe or repeated violations, illegal activity, or urgent risks to the platform or its users.
• Effect of Termination: Upon termination of your account, you will lose access to the platform, including your account, uploaded content, and any associated services. WeTeach reserves the right to remove your content from the platform, cancel any active transactions, and deny you further access to the Service. In cases where harmful or unauthorized content has been shared, we will also ensure that this content is no longer accessible by other users. WeTeach will not be liable for any damages or losses you incur as a result of account termination.
Any content that you shared with other users may continue to be available to them unless it is removed due to a violation of these Terms or intellectual property laws.
• Appeal Process: If you believe that your account was wrongfully terminated, you may contact WeTeach’s customer support to request an appeal. Following the appeal, WeTeach will review the situation and provide a final decision. There is no guarantee that the termination will be reversed, similar to the appeal processes in place on Teacherspayteachers.com and Eduki.de.
• User-Initiated Termination: Users may terminate their accounts at any time by following the platform’s account deletion process or contacting customer support. However, user-initiated termination does not relieve you of obligations that were in place before the termination.
• Survival of Terms: Certain provisions, such as Intellectual Property, Dispute Resolution, and Limitation of Liability, will remain in effect even after the termination of your account. This ensures continuity of protections and obligations, just as it does on other content-sharing platforms.

9. Disclaimer of Warranties
• Service Availability: WeTeach provides the Service on an “as is” and “as available” basis, which means that we do not make any express or implied warranties regarding the quality, functionality, or availability of the platform. While we strive to ensure the platform runs smoothly and is accessible at all times, we do not guarantee that the Service will be uninterrupted, secure, error-free, or free of technical issues such as bugs, viruses, or other harmful components. Downtime or disruptions may occur due to maintenance, system upgrades, unexpected technical issues, or external factors beyond our control (e.g., internet outages or service provider failures). Users agree that they use the Service at their own risk, and WeTeach is not liable for any damage or loss that may arise from the unavailability or malfunction of the platform.
• No Guarantee of Accuracy or Reliability: WeTeach does not warrant that the information, content, or resources provided on the platform are accurate, complete, or reliable. While we encourage sellers to share high-quality, educational materials, we do not independently verify, review, or endorse the accuracy of content provided by users. Any reliance on the materials, products, or advice shared on the platform is at the user’s own discretion. Similar to platforms like Teacherspayteachers.com and Eduki.de, WeTeach serves as a facilitator and does not guarantee the educational quality or suitability of the materials uploaded by sellers.
• No Guarantee of Results or Performance: WeTeach does not guarantee that users will achieve any particular results or financial success by using the platform. This includes, but is not limited to, any potential income sellers may earn from selling products, the number of downloads or purchases, or the effectiveness of educational materials provided on the platform. Each user’s experience and outcome will vary based on factors such as the quality of their content, market demand, and user engagement. WeTeach will not be held responsible if a seller’s products do not generate the desired income or if a buyer’s educational outcomes do not meet expectations.
• Limitation on Content: WeTeach does not warrant that any educational content, products, or resources will meet users’ specific needs, standards, or expectations. Users are responsible for reviewing the content and ensuring it is appropriate for their intended purpose. In particular, WeTeach does not guarantee that the materials will align with local curricula, legal requirements, or academic standards, especially given the diversity of educational needs in different regions, such as Luxembourg, Europe, or beyond.
• Third-Party Services: The platform may provide links or access to third-party websites or services for convenience, but WeTeach does not warrant or assume responsibility for any third-party content, products, or services. Users access third-party services at their own risk, and WeTeach makes no guarantees regarding the functionality, legality, or safety of third-party websites or services.
• No Implied Warranties: To the fullest extent permitted by law, WeTeach disclaims all implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. This means WeTeach makes no promises that the platform will work for any specific purpose, that it will meet users’ expectations, or that it will not violate any third-party rights.
• Compliance with Local Laws: Users are responsible for ensuring their use of WeTeach complies with any relevant laws, including copyright laws, consumer protection laws, and education regulations applicable in their region (such as Luxembourg or the broader European Union). WeTeach does not guarantee that its platform, services, or content will comply with local laws, and users should verify that their use of the Service is lawful in their jurisdiction.
• No Liability for External Factors: WeTeach is not responsible for factors outside our control that may affect the platform’s performance or availability. These may include, but are not limited to, natural disasters, government actions, infrastructure failures, or issues with internet service providers. Users acknowledge that external events or unforeseen circumstances may cause interruptions or limitations in access to the Service, and WeTeach is not liable for any resulting damages or losses.
• Limitations under Law: Certain jurisdictions may not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such cases, some of the above disclaimers may not apply to you, and WeTeach’s liability will be limited to the maximum extent permitted by applicable law. In Luxembourg and the European Union, for example, consumer protection laws may offer additional rights or remedies that cannot be waived by this Disclaimer of Warranties.

10. Indemnification
You agree to indemnify, defend, and hold harmless WeTeach, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees and court costs) arising out of or related to:
Your Use of the Service: Any misuse of the WeTeach platform, including violations of intellectual property rights, inappropriate sharing of content, or unauthorized access to the Service. If your actions lead to legal claims or financial losses for WeTeach or third parties, you will be held responsible for covering the related costs. This includes claims that arise under Luxembourgish laws regarding copyright, consumer protection, or data privacy.
Your Content: Any claims made by third parties regarding content you upload, share, or sell on WeTeach, including but not limited to claims of copyright infringement, defamation, privacy violations, or other breaches of intellectual property laws. As a seller, you are responsible for ensuring that the content you provide complies with Luxembourgish and EU intellectual property laws, and that you have all necessary rights or licenses to distribute such content. If any legal issues arise due to your content, you will be liable for covering the related costs, including legal fees, settlements, or damages.
Your Breach of These Terms: Any violation of these Terms of Service, whether intentional or unintentional, that results in legal claims or damages. This includes breaches of warranties, violations of WeTeach’s content policies, or failure to comply with applicable laws. Under Luxembourg law, a breach of contract or non-compliance with legal obligations may entitle WeTeach to seek indemnification for any resulting damages or losses.
Legal Proceedings: You agree to cooperate fully with WeTeach in the defense of any claims or legal proceedings brought against the platform or its affiliates as a result of your actions or content. This may involve providing documentation, evidence, or testimony as required by Luxembourgish courts or relevant legal authorities. You are responsible for covering any legal costs or expenses incurred by WeTeach as a result of such proceedings, to the extent permitted by law.
In the event that Luxembourgish law imposes any specific requirements or limits on indemnification clauses, those provisions will apply, and this section will be enforced to the fullest extent permissible under applicable law. Any limitations or modifications required by Luxembourg or EU law shall not affect the validity or enforceability of the remaining provisions.

11. Resource Licensing Policy
A. General
License: WeTeach Sellers retain ownership and maintain all intellectual property rights over the Resources they upload to the platform. When Members purchase a Resource, they are granted a limited license to use the Resource in accordance with this Resource Licensing Policy. All downloadable or digitally consumed Resources on WeTeach can only be used in accordance with a license.
By purchasing or receiving a Resource, whether through direct purchase, a gift, or via an organization (such as your school), you agree to use the Resource only under the terms of this Resource Licensing Policy. You must also comply with any additional terms set by the Seller in the Resource Listing, as long as they do not conflict with this policy. In case of a conflict, this Resource Licensing Policy will govern, although Sellers may grant additional rights.

B. Individual License
An Individual License is assigned to a specific user (the “Assignee”) and is non-transferable. This license allows the Assignee to use the Resource for their lifetime but does not permit the reallocation of the license to others. For example, if a teacher purchases an Individual License, that teacher can use the Resource for their own use throughout their career, but cannot transfer the license to another teacher upon their retirement.
Unless otherwise specified in these Terms, with an Individual License, the Seller grants the purchasing Member, on behalf of the Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource under the conditions described below. Sellers may grant additional rights at their discretion.
If you purchase an Individual License, the Seller permits you to:
Assign the Resource to one Assignee. Once assigned, the Resource cannot be transferred to another individual. However, you can purchase additional licenses for additional users as needed.
Print and distribute copies of downloadable Resources as necessary for Personal Use, like your students.
Unless explicitly allowed by the Seller:
You cannot use the Resource for commercial purposes. This includes selling the Resource, using it for advertising, or incorporating it into for-profit activities.
You cannot share, sell, sublicense, or transfer the Resource to another individual. Each license must be used by one educator, and additional licenses are required for sharing with others.
C. Limitation on Access
Downloadable Resources: WeTeach cannot guarantee continuous access to any downloadable Resource. If WeTeach stops hosting the Resource or your account is terminated, suspended, or downgraded, your access to the Resource may be revoked. You are responsible for downloading and storing copies of the Resource on your device to ensure ongoing access.

12. Purchasing Terms & Refunds
Refund Policy: By listing a Resource or making a purchase on WeTeach, you agree to our Refund Policy. Unless otherwise stated in the Refund Policy, all sales are considered final and nonrefundable once an order is submitted. However, WeTeach reserves the right to modify the Refund Policy at any time Additionally, Sellers may request a full or partial refund for any reason by contacting us directly.

Payment Methods and Currency: WeTeach may offer various payment methods for purchasing resources, such as credit and debit cards (Stripe) and PayPal Payments are accepted in Euros (EUR). WeTeach does not accept cash payments or payments in other currencies. We may change or add accepted payment methods at any time, and we are not obligated to accept any method of payment other than those available at the time of your purchase.

13. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and any other policies or agreements incorporated by reference, constitute the entire agreement between you and WeTeach regarding your use of the Service.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
WeTeach Support Team

Email: savvyfoxlux@outlook.com
Phone: +352621311676

11. Governing Law
These Terms are governed by and construed in accordance with the laws of Luxembourg. Any disputes arising from or related to these Terms or your use of the Service will be subject to the exclusive jurisdiction of the courts of Luxembourg.