Terms of use

These Terms of Service (“Terms”) were last updated on March 4, 2024.

Please review these Terms carefully as they serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations.

Betudy is a platform dedicated to empowering artists and creators through portfolio website hosting and online learning. These Terms of Use govern your access to and use of Betudy’s website, mobile applications, and related services (collectively, our “Services”).

By using our Services, you agree to these Terms, our Privacy Policy, and, if applicable, our Instructor Terms. Our Services are designed to provide you with the tools to create your portfolio, host your website, and access educational content to enhance your skills.

Key Points:

1. Website Hosting: We provide hosting for your portfolio and professional websites.
2. Online Courses: You can access and, if qualified, create educational content on our platform.
3. User Responsibilities: You are responsible for maintaining the security of your account and the content you post.
4. Privacy: We respect your privacy. Please review our Privacy Policy for details on data handling.
5. Content Guidelines: All content must comply with our community standards and applicable laws.

We may update these Terms from time to time. Continued use of our Services after changes constitutes acceptance of the new Terms.

For any questions about these Terms, please contact us at support@betudy.com.

1. Accounts

To engage in most activities on the Betudy platform, you need an account. It’s crucial to keep your password secure as you are responsible for all activities conducted under your account. If you believe your account is being used by someone else, please immediately inform our Support Team. To use Betudy, you must have reached the age of consent for online services in your country.

An account is necessary not only to purchase and access content but also to submit content for publication. When creating and maintaining your account, you must provide and continuously update your information accurately and completely, including a valid email address. You bear full responsibility for your account and all activities that occur under it, including any harm or damage (to us or anyone else) incurred by unauthorized use of your account. This means safeguarding your password is essential. Transferring your account to someone else or using someone else’s account is not allowed. If you request access to an account by contacting us, we will only grant access if you can provide sufficient proof that you are the account owner. Should a user pass away, their account will be terminated.

You cannot share your account login credentials with others. You are responsible for the security of your account, and Betudy will not get involved in disputes between students or instructors who have shared their account credentials. If you suspect that your account is being used without your permission or if you identify a security breach, notify our Support Team immediately. We may require specific information to verify that you are the rightful account owner.

Students and instructors need to be at least 18 years old to create an account on Betudy and use the Services. If you are under 18 but above the required age for consent to use online services in your area (for instance, 13 in the US or 16 in Ireland), you may not create an account. However, we encourage you to have a parent or guardian create an account and help you access suitable content. If you are below the age of consent for online services, you are not permitted to create a Betudy account. If we find out that an account has been created in violation of these rules, it will be terminated.

You may terminate your account at any time by following the provided steps. For information on what happens when you terminate your account, refer to our Privacy Policy.

2. Content Enrollment and Lifetime Access

When you enroll in a course or other content on Betudy, you are granted a license by us to view the content via the Betudy Services, and no other use is allowed. You are not permitted to transfer or resell the content in any form. Generally, we provide you with a lifetime access license, except in cases where we must disable the content due to legal or policy reasons, or for enrollments through Subscription Plans.

Under our Instructor Terms, when instructors publish content on Betudy, they grant Betudy a license to offer a license to the content to students. This arrangement gives us the right to sublicense the content to students who enroll. As a student, when you enroll in a course or other content, whether free or paid, you are receiving a license from Betudy to view the content via the Betudy platform and Services, with Betudy acting as the licensor of record. The content is licensed, not sold, to you. This license does not grant you any rights to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).

In more legal and complete terms, Betudy grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are strictly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we provide you explicit permission in a written agreement signed by a Betudy authorized representative.

We usually offer a lifetime access license to our students upon enrollment in a course or other content. Nonetheless, we reserve the right to revoke any license to access and use content at any time if we are required to disable access to the content for legal or policy reasons, for example, if the content you enrolled in is subject to a copyright complaint or if it violates our Trust & Safety Guidelines. This lifetime access license does not extend to enrollments through Subscription Plans or to any add-on features and services associated with the course or content you enroll in. For instance, instructors can decide to cease providing teaching assistance or Q&A services related to the content at any time. It’s important to note that lifetime access refers to the course content, not to the instructor.

Instructors are not permitted to directly grant licenses for their content to students, and any such direct license would be considered null and void and a breach of these Terms.

3. Payments, Credits, and Refunds

When you make a payment on Betudy, you agree to use a valid payment method. If you’re not satisfied with your content, Betudy offers a 30-day refund or credit for most content purchases.

3.1 Pricing The pricing of content on Betudy is determined based on our Instructor Terms and Promotions Policy. There might be differences in the price of content on the Betudy website compared to our mobile or TV applications, due to the pricing systems of mobile platform providers and their policies around implementing sales and promotions.

4. Content and Behavior Rules

You can only use Betudy for lawful purposes. You’re responsible for all the content you post on our platform. Ensure that the reviews, questions, posts, courses, and other content you upload adhere to our Trust & Safety Guidelines, comply with the law, and respect the intellectual property rights of others. We reserve the right to ban your account for repeated or major offenses. If you believe your copyright is being infringed on our platform, please inform us.

You are not allowed to access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must align with applicable local or national laws or regulations of your country. It is your responsibility to be aware of and comply with such laws and regulations that apply to you.

5. Betudy’s Rights to Content You Post

You retain ownership of the content you post on our platform, including your courses. Montutor is authorized to share your content with anyone through any medium, including promoting it via advertising on other websites.

The content you post as a student or instructor (including courses) remains your property. By posting courses and other content, you grant Montutor permission to reuse and share it, but you do not forfeit any ownership rights you may have over your content. If you are an instructor, it’s important to understand the content licensing terms detailed in the Instructor Terms.

When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Montutor 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 as we deem necessary.

In legal terms, by submitting or posting content on or through our platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) 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 developed later). This includes making your content available to other companies, organizations, or individuals who partner with Montutor 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 to privacy, publicity, or other similar rights applicable to all these uses, to the extent allowed under applicable law. You represent and warrant that you possess all the rights, power, and authority necessary to grant us permission to use any content you submit. You also consent to all such uses of your content without any compensation to you.

6. Using Betudy at Your Own Risk

Anyone can use Montutor to create and publish content, and we facilitate interactions between instructors and students for teaching and learning purposes. Like other platforms where content can be posted and interactions occur, there are potential risks involved, and you use Montutor at your own risk.

Our platform model means we do not review or edit content for legal issues, nor are we in a position to determine the legality of content. We do not exercise any editorial control over the content available on the platform and, as such, do not guarantee the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an instructor at your own risk.

By using the Services, you may encounter content that you find offensive, indecent, or objectionable. Montutor has no responsibility to prevent such content from reaching you and no liability for your access or enrollment in any course or other content, to the extent permissible under applicable law. This also applies to content related to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content, you voluntarily assume those risks, including risks of illness, bodily injury, disability, or death. You are fully responsible for the choices you make before, during, and after accessing the content.

When interacting directly with a student or an instructor, be cautious about sharing personal information. While we limit the types of information instructors can request from students, we do not control what students and instructors do with the information they obtain from others on the platform. For your safety, you should avoid sharing your email or other personal information.

While using our Services, you may find links to third-party websites that we do not own or control. We are not responsible for the content or any other aspects of these third-party sites, including how they collect information about you. You should also review their terms and conditions and privacy policies.

7. Betudy’s Rights

We own the Betudy platform and Services, including the website, any present or future apps and services, as well as things like our logos, API, code, and content created by our employees. You are not permitted to tamper with those or use them without authorization.

All right, title, and interest in and to the Betudy platform and Services, including our website, any existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (excluding content provided by instructors and students), remain the exclusive property of Betudy and its licensors. Our platforms and services are protected by copyright, trademark, and other laws in the United States and other countries. Nothing grants you the right to use the Betudy name or any of the Betudy trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide about Betudy or the Services is entirely voluntary, and we are free to use such feedback, comments, or suggestions as we see fit without any obligation to you.

While accessing or using the Montutor platform and Services, you may not do any of the following:

• Access, tamper with, or use non-public areas of the platform (including content storage), Montutor’s computer systems, or the technical delivery systems of Montutor’s service providers.
• Disable, interfere with, or attempt to circumvent any features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• Copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or content on the Montutor platform or Services.
• Access or search, or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
• Use the Services in any way to send altered, deceptive, or false source-identifying information (such as sending email communications that falsely appear as Montutor); or interfere with, or disrupt, (or attempt to do so) the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8. Subscription Terms

This section outlines additional terms applicable to your use of our subscription-based collections as a student (“Subscription Plans”) on Montutor. By using a Subscription Plan, you agree to these additional terms. Note that the use of Montutor Business is not subject to these Terms but is governed by the agreement between Montutor and the subscribing organization.

8.1 Subscription Plans When you subscribe to a Subscription Plan, you are granted a limited, non-exclusive, non-transferable license to access and view the content included in that Subscription Plan via the Services. Except for the lifetime access license grant, the terms included in the “Content Enrollment and Lifetime Access” section above apply to enrollments via Subscription Plans.

Your Subscription Plan may include access to interactive environments, such as workspaces (“Interactive Sessions”). These Interactive Sessions may be provided by a third party and are subject to that party’s agreement or terms and conditions, along with usage limitations outlined on our Support Page. You are responsible for adhering to the terms and conditions of any third-party provider.

The specific subscription you purchase or renew determines the scope, features, and pricing of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else.

We reserve the right to revoke the license to use the content in our Subscription Plans for legal or policy reasons at any time, at our sole discretion, such as if we no longer have the rights to offer the content through a Subscription Plan. More information on our right to revoke is included in the “Content Enrollment and Lifetime Access” section.

8.2 Account Management You can cancel your subscription by following the steps provided on our Support Page. If you cancel your subscription to a Subscription Plan, your access to that plan will automatically terminate at the end of your current billing period. Upon cancellation, you are not entitled to a refund or credit for any fees already paid for your subscription, unless required by applicable law. For clarity, canceling a subscription does not terminate your Montutor account.

8.3 Free Trials & Renewals Your subscription may start with a free trial. The duration of the free trial period will be specified during signup. Montutor reserves the right to determine free trial eligibility at our sole discretion and may limit eligibility or duration. We also reserve the right to terminate the free trial and suspend your subscription if we find you are not eligible.

We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel the subscription before the free trial period ends. For information on how to view applicable fees and dates of your free trial period, please visit our Support Page.

8.4 Payments and Billing The subscription fee for Montutor will be listed at the time of your purchase. For information on fees and billing dates related to your subscription, you can visit our Support Page. As described in the “Payments, Credits, and Refunds” section, we may need to add taxes to your subscription fee. Payments are non-refundable, and no refunds or credits will be offered for partially used periods, except as required by applicable law. Depending on your location, you may be eligible for a refund. Please refer to our Refund Policy for Subscription Plans for more details.

To subscribe to a Subscription Plan, a payment method must be provided. By subscribing and providing your billing information at checkout, you authorize Montutor and our payment service providers to process the payment for the applicable fees using the payment method on file for you. Your subscription will automatically renew at the end of each term for the same duration, and your payment method will be charged for the applicable fees.

Should we update your payment method with information from our payment service providers (as mentioned in the “Payments, Credits, and Refunds” section), you authorize us to charge the updated payment method for the applicable fees.

If we’re unable to process payment through your payment method on file, or if a chargeback you filed disputing charges is granted, we may suspend or terminate your subscription.

Montutor reserves the right to modify Subscription Plans or adjust pricing for our Services at our discretion. Any changes in pricing or your subscription will be effective following notice to you, unless otherwise required by applicable law.

8.5 Interactive Session Restrictions During Interactive Sessions on Montutor, you are prohibited from:

• Using the Interactive Sessions for any purpose other than those instructed by Montutor’s labs;
• Providing web, database, or forum access, engaging in cryptocurrency mining through the Interactive Sessions;
• Exceeding the usage limitations detailed on our Support Page;
• Accessing or using the Interactive Sessions in any commercial production environment;
• Taking any action that disrupts or interferes with our Services or the stability of our infrastructure;
• Using any data or information other than simulated, anonymous, non-personal, non-live data or information.

These restrictions complement those mentioned in the “Content and Behavior Rules” and “Montutor’s Rights” sections.

8.6 Subscription Disclaimers Montutor does not guarantee the availability of any specific content in any Subscription Plan, nor any minimum amount of content. We reserve the right to introduce or remove additional features to any Subscription Plan or to modify or terminate a Subscription Plan at our discretion. We are not obligated to preserve or store any content you input while using a Subscription Plan. These disclaimers are in addition to those mentioned in the “Disclaimers” section.

9. Miscellaneous Legal Terms

These Terms are like any other contract, providing essential legal terms that protect us from various potential issues while clarifying the legal relationship between us and you.

9.1 Binding Agreement By registering, accessing, or using Montutor’s Services, you’re entering into a legally binding contract with Montutor. If you disagree with these Terms, you should not register, access, or use any of our Services.

If you’re an instructor using our Services on behalf of a company, organization, government, or other legal entity, you confirm you’re authorized to do so.

Any version of these Terms in a language other than English is for convenience only, and in case of conflict, the English version prevails.

These Terms (including any linked agreements and policies) constitute the entire agreement between you and Montutor.

If part of these Terms is invalidated or unenforceable, the remainder continues in effect, and the invalid provision is replaced by a valid, enforceable provision that closely matches the original’s intent.

Our failure to enforce a right under these Terms doesn’t waive our right to do so later. Waiving rights on one occasion doesn’t waive them generally or in the future.

Sections that survive the expiration or termination of these Terms include Sections 2, 5, 6, 7, 8.5, 9, and 10, covering key aspects like content rights, user responsibilities, and legal disclaimers.

9.2 Disclaimers Things might not always work perfectly with our platform, and you use Montutor at your own risk. We provide Services “as is” without any guarantee of reliability, accuracy, or appropriateness for specific purposes. Some jurisdictions may not allow the exclusion of certain warranties, so some exclusions may not apply to you.

We reserve the right to modify or discontinue features and Services, not responsible for interruptions or lack of availability.

We’re not liable for delays or failures beyond our reasonable control.

9.3 Limitation of Liability You acknowledge the risks of using our Services and agree not to seek damages for losses or injuries. Our liability is limited to the greater of $100 USD or the amount you paid us in the past 12 months. Some jurisdictions don’t allow certain limitations on liability, so these may not apply to you.

9.4 Indemnification If your actions get us into legal trouble, you’ll need to indemnify us. You’re responsible for any third-party claims arising from your content, use of Services, or violations of these Terms.

9.5 Governing Law and Jurisdiction Your interaction with Montutor is governed by specific entities and laws, depending on your location.

9.6 Legal Actions and Notices Legal actions related to these Terms must be brought within a year of the cause of action. Notices should be given in writing, through mail or email.

9.7 Relationship Between Us There’s no joint venture, partnership, employment, or agency relationship between us and you.

9.8 No Assignment You can’t transfer these Terms or any rights and licenses under them. Montutor can assign these Terms without restriction. Your account and rights under these Terms end upon your death.

9.9 Sanctions and Export Laws You confirm you’re not located in or a resident of a country under U.S. sanctions or embargoes, nor are you on any U.S. government restricted list. You’ll notify us if you become subject to such restrictions, and we may terminate our obligations to you immediately. You must comply with all applicable export and trade laws when using our Services.

10. Dispute Resolution

If you encounter any disputes while using Montutor, we encourage you to reach out to our Support Team for assistance in resolving the issue. It is important to note that in such circumstances, you are not permitted to bring your claim in another court outside of these options, nor can you participate in a class action lawsuit against us. This process is designed to provide a streamlined and efficient resolution to disputes, ensuring that both parties can reach a satisfactory conclusion without the complexities often associated with traditional legal proceedings.

10.1 Dispute Resolution Overview

Montutor is dedicated to resolving disputes without formal legal claims. Should an issue emerge, both parties agree to earnestly and in good faith work towards a resolution that is just for both sides through a mandatory informal dispute resolution process. Sometimes, it might be necessary to involve a third party to aid in resolving our dispute. This agreement outlines the limits on how disputes can be resolved.

AGREEMENT ON DISPUTE RESOLUTION: All disputes, claims, or controversies stemming from or related to the terms, their applicability, breach, termination, validity, enforcement, or interpretation, or related to the use of services or communications with Montutor, that aren’t resolved informally, must be exclusively addressed in small claims court or through binding individual arbitration. This includes waiving the right to a jury trial and the ability to file a case in any other court.

INDIVIDUAL CLAIMS ONLY: Both parties also agree to bring claims solely in an individual capacity, not as a plaintiff or class member in any class or representative proceedings, whether in court or arbitration.

This agreement involves both parties and their respective agents, attorneys, contractors, subcontractors, service providers, employees, and anyone acting on behalf of each. It is binding on both parties’ heirs, successors, assigns, and is governed by the Federal Arbitration Act.

10.2 Mandatory Informal Dispute Resolution Process

Before escalating to a formal claim, both parties are to engage in an informal dispute resolution process.

A “Claim Statement” must be sent by the claiming party to the other, detailing the nature and specifics of the dispute, along with a proposal for resolution, including any claimed amounts and how those were determined. This action tolls any relevant statute of limitations for 60 days from when the Claim Statement is received. This statement should be sent to Montutor via the designated email or mailing address, and Montutor will respond to the email associated with your account, unless otherwise requested.

Upon receiving a Claim Statement, both parties will attempt to resolve the dispute informally. If a resolution isn’t reached within 60 days, then formal claims may be initiated in small claims court or through individual arbitration, adhering to this Dispute Resolution Agreement. Not completing this process constitutes a significant breach of the Terms, leaving no court or arbitrator the jurisdiction to hear or resolve disputes between you and Montutor.

10.3 Small Claims

Unresolved disputes post the informal process can be taken to small claims court in San Francisco, California; the county where you reside; or another mutually agreed location. This waives the right to bring disputes in courts other than small claims courts, including general or special jurisdiction courts.

10.4 Arbitration

Alternatively, disputes may be resolved through individual arbitration, without a judge or jury, where the arbitrator can grant the same individual reliefs as a court. If disputes are brought to a court other than small claims, the other party can request the case be moved to arbitration. Both parties can also request a halt in court proceedings while arbitration is ongoing. Should any cause of action or claim not be addressable in arbitration, both parties agree to pause all court proceedings pending arbitration resolution. This section aims not to limit individual relief options available in arbitration or small claims court.

Should there be disagreement on whether a dispute must be arbitrated, the scope of the arbitrator’s powers, or the enforceability of this Dispute Resolution Agreement, the arbitrator alone will have the authority to resolve these disagreements, including issues related to the agreement’s formation, legality, interpretation, and enforceability. This does not restrict the process for challenging improperly commenced arbitration.

Courts of competent jurisdiction are authorized to enforce this Dispute Resolution Agreement and, if needed, enjoin the initiation or continuation of any arbitrations and the assessment of fees for any arbitration or mediation not conducted under this agreement.

If the AAA or any other arbitration organization or arbitrator cannot administer an arbitration required under this agreement, both parties will negotiate in good faith to appoint another organization or individual to conduct the arbitration in a manner consistent with this agreement, at a comparable cost.

10.5 General Arbitration Rules

The arbitration process varies depending on whether the claim is pursued individually or as part of a Mass Arbitration. General arbitration rules will apply, except in cases of Mass Arbitration.

All arbitrations will be conducted by a single arbitrator. The party opting for arbitration must initiate proceedings by filing a demand with the AAA, adhering to the consumer arbitration rules or commercial arbitration rules as applicable. Disputes involving claims under $15,000 USD must be resolved through binding, non-appearance-based individual arbitration based on written submissions. All other arbitrations will be conducted via phone, video conference, or written submissions, with the arbitrator’s award being enforceable in any court with jurisdiction.

To initiate arbitration with the AAA, the claiming party must describe the dispute and request arbitration through the appropriate channels provided by the AAA.

10.6 Mass Arbitration Rules

Special rules apply if 25 or more claimants, coordinated in their legal representation, file or intend to file arbitration demands against Montutor for substantially identical disputes. Each Mass Arbitration claimant must undergo the informal dispute resolution process. A single Claim Statement representing all claimants will be filed, initiating a bellwether procedure where up to 10 claimants proceed to arbitration, followed by mandatory mediation aiming to resolve the disputes. If the bellwether arbitrations and mediation do not resolve the disputes, the remaining claimants may pursue their disputes individually in small claims court or with FairClaims, adhering to its Small Claims Rules & Procedures.

Should the Mass Arbitration Rules be deemed unenforceable, all unresolved disputes between the Mass Arbitration claimants and Montutor must be resolved in a court of competent jurisdiction, not subject to contractual obligation to arbitrate. Any ongoing arbitrations after such a determination must be dismissed without prejudice.

10.7 Fees and Costs

Each party bears its own costs and attorneys’ fees, with the possibility of recovering fees and costs as permitted by law. If an arbitration is deemed brought in bad faith or for improper purposes, the defending party may be awarded attorneys’ fees as would be permissible in court.

10.8 No Class Actions

Both parties agree to bring claims on an individual basis only, barring participation in class actions, consolidated actions, or representative proceedings. Arbitrators cannot consolidate multiple claims into one or preside over any class or representative proceedings. This agreement does not limit the right to a class-wide settlement of claims through mutual agreement.

10.9 Changes

Any changes to this “Dispute Resolution” section made after your last acceptance of these Terms can be rejected by providing written notice to Montutor within 30 days of the change becoming effective. This ensures that any dispute between you and Montutor will be arbitrated according to the “Dispute Resolution” provisions as of your last acceptance date.

10.10 Improperly Commenced Arbitration

Should either party initiate an arbitration in violation of this agreement, or if there’s an imminent threat of such improperly commenced arbitration, the affected party can seek a court order to enjoin the arbitration and recover related fees and costs.

11. Updating These Terms

Betudy values transparency and openness, which is why we periodically update our Terms to reflect new practices, adjustments, or the introduction of new features. We hold the right, at our sole discretion, to modify or make changes to these Terms at any given time. Significant updates will be communicated to you through clear and prominent methods, such as an email sent to the address associated with your account or a notification posted directly on our Services. These modifications will take effect immediately upon posting, unless stated otherwise within the update.

By continuing to use our Services after these changes are implemented, you’re agreeing to and accepting the revised Terms. It’s important to understand that any updated Terms replace all prior versions.

12. How to Contact Us

Your insights, concerns, and feedback are invaluable to us. If you need to reach out, the most effective way to get in touch is through our Support Team. We’re eager to hear from you and assist with any questions or feedback you have about our Services.

Thank you for being a part of our educational journey!