As a coach, you are contracting directly with Implemently Pte. Ltd. (a Singapore corporation), regardless of whether another subsidiary facilitates payments to you.
1. Coach Obligations
As a coach, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, sprint landing page content, and announcements (“Submitted Content“).
You represent and warrant that:
- you will provide and maintain accurate account information;
- 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 respond promptly to participants and 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 participants;
- 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 sprint) 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 sprints; or
- abuse Implement resources, including support services.
2. License to Implement
Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, Implement’s right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content’s removal. However, (1) rights given to participants before the Submitted Content’s removal will continue in accordance with the terms of those licenses and (2) Implement’s right to use such Submitted Content for marketing purposes shall survive termination.
We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Implement 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 Implement’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
You also grant Implement the rights to generate an invoice addressed by you to Implement upon payment. This invoice will feature your account information and the net amount to be paid.
3. Trust & Safety
3.1 Trust & Safety Policies
You agree to abide by Implement’s Trust & Safety policies, and other sprint quality standards or policies prescribed by Implement 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 Implement’s approval, which we may grant or deny at our sole discretion.
We reserve the right to remove sprints, suspend payouts, and/or ban coaches for any reason at any time, without prior notice, including in cases where:
- a sprint falls below our quality standards or has a negative impact on the participant experience;
- an coach engages in behavior that might reflect unfavorably on Implement or bring Implement into public disrepute, contempt, scandal, or ridicule;
- an coach engages the services of a marketer or other business partner who violates Implement’s policies; or
- as determined by Implement in its sole discretion.
3.2 Co-coaches and Teaching Assistants
The Implement platform allows you to add other users as co-coaches or teaching assistants for sprints that you manage. By adding a co-coach or teaching assistant, you understand that you are authorizing them to take certain actions that affect your Implement account and sprints. Implement is not able to advise on any questions or mediate any disputes between you and such users. If your co-coaches have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your sprint Management settings as of the date of the purchase.
3.3 Relationship to Other Users
Coaches don’t have a direct contractual relationship with participants, so the only information you’ll receive about participants is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those participants on the Implement platform, and that you won’t solicit additional personal data or store participants’ personal data outside the Implement platform. You will indemnify Implement against any claims arising from your use of participants’ personal data.
4.1 Price Setting
When creating a sprint, you will be prompted to select price (“ Price“) for your sprint. Alternatively, you may choose to offer your sprint for free.
When a participant purchases using a foreign currency, we will convert the relevant Price into the participant’s applicable currency using a system-wide foreign currency conversion rate set by third party providers.
4.2 Transaction Taxes
If a participant purchases a product or service in a country that requires Implement to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes (“Transaction Taxes“), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due.
5.1 Revenue Share
When a participant purchases your sprint, we calculate the gross amount of the sale as the amount actually received by Implement from the participant (“Gross Amount“). From this, we subtract any Transaction Taxes, and any amounts paid to third parties to calculate the net amount of the sale (“Net Amount“).
You receive a 97% revenue share of the Net Amount less any applicable deductions (such as participant refunds) on sales made where the participant purchases their sprint using your sprint referral link (there is a 3% administrative processing fee).
You receive a 50% revenue share of the Net Amount less any applicable deductions (such as participant refunds) on organic sales where your course referral link was not used. Implement and the coach share equally on these sales, which might occur after a user browses the Implement marketplace for sprints.
Implement makes all coach payments in U.S. dollars (USD) regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in USD).
If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.
5.2 Receiving Payments
For us to pay you in a timely manner, you must have a payment bank account in good standing and must keep us informed of the correct IBAN (International Bank Account Number), name and address associated with your payment account. We reserve the right to withhold payments or impose other penalties if we do not receive proper information from you. You understand and agree that you are ultimately responsible for any taxes on your income.
Depending on the applicable revenue share model, payments are made every month on the 27th of each month and after your sprint is over. If your sprint is still taking place during the 27th, you will be paid for that sprint on the 27th of the month after.
As a coach, you are responsible for determining whether you are eligible to be paid by a Singaporean company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
If a participant asks for a refund after we have paid the relevant coach payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the coach or (2) where no further payments are due to the coach or the payments are insufficient to cover the refunded amounts, require the coach to refund any amounts refunded to participants for the coach’s sprints.
While you are a published coach and subject to the requirements below, you may use our trademarks where we authorize you to do so.
- 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 the promotion and sale of your Implement sprints or your participation on Implement; 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 sprints or services; or
- use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
7. Sanctions and Export Laws
You warrant that you aren’t restricted from using the Services under U.S. sanctions or export laws (as an individual or as an officer, director, or controlling shareholder of any entity on whose behalf you use the Services). If you become subject to such a restriction while you are subject to these coach Terms, you will notify Implement within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Implement). You will not use the Services to conduct or facilitate any transaction with any other individual or entity subject to such a restriction.
8. Deleting Your Account
We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if participants have previously enrolled in your sprints, your name and that Submitted Content will remain accessible to those participants after your account is deleted. If you need to delete your account, you can contact us via firstname.lastname@example.org
9. Miscellaneous Legal Terms
9.1 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 Implement 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.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
9.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Implement), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 8 (Deleting Your Account), and 9 (Miscellaneous Legal Terms).
10. How to Contact Us
The best way to get in touch with us is through email: email@example.com. We’d love to hear your questions, concerns, and feedback about our Services.