Terms and Conditions of Use – Authors

Updated on 08/27/2020

By registering to become an author on Learncafe, you agree to comply with these Terms and Conditions of Use. These terms cover details about aspects of the Learncafe platform relevant to authors and are incorporated into the general terms governing the use of our services.

The Learncafe user, as an author duly identified upon registering on the website www.learncafe.com, for all necessary purposes, declares to be aware of and agrees to adhere to the terms specified below, and must comply with all provisions that are part of this COPYRIGHT ASSIGNMENT AGREEMENT to be signed between Learncafe and the course authors at the time of their acceptance.

A student is considered any user registered on Learncafe who purchases and effectively takes one of the offered courses, whether free or not. An author is considered any user registered on Learncafe who makes a course (content) available to interested parties, being solely, unrestrictedly, and exclusively responsible for the authorship, the truthfulness of the information, the content, compliance with national legislation, especially the Copyright Law, and other considerations related to the course provided.

To authors and interested parties: 

  1. The author is solely and exclusively responsible for any and all content published on Learncafe, including but not limited to classes, tests, exercises, simulations, assignments, resources, and answers. 
  1. The author is solely and exclusively responsible for the preparation of the content, uploading it to the site, making the teaching material available, and all information related to the course. 
  1. The author declares that they hold the licenses, rights, consents, permissions, and authority necessary to use the content uploaded to Learncafe and that this content does not infringe or improperly use third-party intellectual property rights. 
  1. The author agrees to comply with the course policies and quality standards determined by Learncafe and understands that their use of the services is subject to Learncafe's approval. 
  1. The author guarantees that they have the qualifications, credentials, and experience required (including education, training, knowledge, and skills) to teach and provide the services they offer through their content. 
  1. The author grants Learncafe the rights to offer, market, or otherwise exploit their content and to sublicense it to students for these purposes directly or through third parties. Courses will be provided to interested students for use, either for payment or free of charge, depending on the course and its classification. 
  1. The author grants Learncafe permission to share their courses free of charge with its employees, selected partners, and in cases where we need to restore access accounts of students who previously purchased their courses. The author agrees that no compensation will be received in these cases. 
  1. Learncafe has no influence over the activities carried out by authors who create courses, being solely and fully responsible for the authorship and content thereof. 
  1. The author has the right to remove all or part of their content at any time. However, the rights granted to students before the removal of the content will remain in effect according to the terms of these licenses. 
  1. The author agrees that Learncafe reserves the right to remove courses, suspend payments, and/or ban the author for any reason and at any time, without prior notice and without penalty, including in cases where:
  • the author or course does not comply with these Terms and Conditions of Use
  • the course is below our quality standards or negatively impacts the student experience
  • the author exhibits behavior that may be unfavorable to Learncafe or that may lead Learncafe to discredit, dishonor, scandal, or ridicule
  • an author hires the services of another business partner who violates Learncafe's policies 
  1. Learncafe may record any part of the content for quality control and for delivery, marketing, promotion, demonstration, or operation of the services. 
  1. The author grants Learncafe permission to use their name, image, or voice in relation to the offering, delivery, marketing, promotion, demonstration, and sale of the services and waives any rights of image, privacy, publicity, or any other similar rights as permitted by applicable law. 
  1. The author declares that they will not publish or transmit, without being requested or authorized, any advertising, promotional material, electronic junk mail, spam, or any other form of solicitation (commercial or not) through Learncafe's services to any user without the express authorization of the recipients, under penalty of being liable for any damages caused, whether administrative, civil, and/or criminal. 
  1. The author must present information about their respective courses clearly and objectively, and the dissemination of false, incomplete, contradictory information or information that misleads students is prohibited, under penalty of exclusive liability according to Brazilian law. 
  1. Authors declare to be familiar with the current copyright legislation and further inform that they will not use, reproduce, or disclose any intellectual property or copyrighted material of third parties, under penalty of being exclusively and fully liable, according to Brazilian law, for any copyright infringement and legal and/or extrajudicial actions arising from such infringements, filed by anyone, including but not limited to possible authors, publishers, and other interested parties. 
  1. The author declares and guarantees that they will not publish or provide any material that violates current legislation, especially any content or information of an inappropriate, offensive, racist, aggressive, violent, false, misleading, incorrect, infringing, pornographic, pedophilic, erotic, sexist, defamatory, or slanderous nature. 
  1. Also, in courses dealing with sexual topics, exclusively in the "Sexuality" category where access is restricted to those over 18 years old, the author is prohibited from publishing or providing any pornographic, sexually explicit material or that violates current legislation, especially any content or information of a pedophilic or violent nature. 
  1. Authors will not publish links that redirect students outside the Learncafe system, and the use of the platform for advertising and publicity for any purposes is prohibited. 
  1. Learncafe makes payments of credits related to authors' copyrights via bank transfer, and it is the author's responsibility to correctly provide all necessary data, including a bank account in their own name. 
  1. The author will be paid the equivalent of 50% (fifty percent) of the net revenue from the actual sales of their respective course(s), minus applicable deductions such as student refunds. 
  1. For the calculation of net revenue, the following will be deducted from the gross sales revenue: all national, state, and municipal taxes and fees, financial and banking costs, a 3% administrative fee, and amounts paid to third parties in the partner and affiliate program. 
  1. During the course creation process, the author is allowed to suggest the initial course price. The final price for the student will be composed of the price suggested by the author plus the amount related to operational costs (financial and banking), set at R$ 2.50 (two reais and fifty cents), which are not considered for the author's payment calculation. 
  1. If a student requests a refund after Learncafe has made the payment of the portion corresponding to the author, we reserve the right to deduct the amount corresponding to this refund from the next payment. 
  1. Income Tax will be deducted from the amount related to the copyright payment ("outstanding balance"), according to the Progressive Table for the monthly calculation of the Individual Income Tax for the current fiscal year and calendar year, published by the Federal Revenue Service, as well as other taxes and fees that apply or may apply to such payments. 
  1. The author's "outstanding balance" must reach a minimum amount of R$ 100.00 for payment to be made. Smaller amounts never expire and remain open until the minimum amount for payment is accumulated. 
  1. The author's bank details will be requested by Learncafe's financial department when the "outstanding balance" is close to the minimum amount for making their first payment. 
  1. Learncafe may at any time, without prior notice, change the course price set by the author, whether for strategic, commercial, promotional reasons, or marketing and sales actions. 
  1. The author will have direct access to the list of students enrolled in their courses and may therefore communicate directly with them regarding matters related to the offered course content, without any administrative interference from Learncafe. 
  1. Authors registered on Learncafe must always treat students with respect and courtesy, responding to all inquiries made to them clearly, objectively, and completely. 
  1. Authors are solely responsible for the content of messages published on the portal's communication channels, being fully and exclusively liable for any judicial or extrajudicial measures taken against their publications. 
  1. Learncafe reserves the right to suspend and/or delete any course or content without prior notice, and no amount will be due to the author as compensation, reimbursement, or damages, since the maintenance of online courses by Learncafe depends solely and exclusively on its criteria. 
  1. The author is not authorized to carry out financial transactions, chargebacks, or request donations from any other Learncafe users, or outside it, including authors, students, or other user profiles. 
  1. The author understands and declares that they have no employment relationship with Learncafe and agrees that there is no joint venture, partnership, service provision, or representation relationship between the parties. The author is not authorized to present themselves as an employee, partner, or any other type of relationship with us except with prior authorization. 
  1. The author declares that they will not engage in any activity that requires Learncafe to obtain licenses or pay royalties to any third party. 
  1. The author understands that Learncafe is a platform for non-formal courses only, and it is not allowed to offer courses with diplomas at technical, undergraduate, bachelor's, licentiate, postgraduate, MBA, specialization, master's, or doctoral levels, nor to mention such titles in the description of the courses offered, under penalty of full responsibility for the consequences arising from such acts, as well as having their registration deleted without prior notice and without any amount being due as compensation, reimbursement, or damages. 
  1. The author understands that the course description and its syllabus must accurately reflect the registered content, under penalty of course exclusion without prior notice and without any amount being due as compensation, reimbursement, or damages. 
  1. If there is a discrepancy between the syllabus provided by the author and the content actually published, Learncafe may deduct from the author's outstanding balance the amounts corresponding to enrollments made by students in the respective course, without prejudice to other necessary sanctions. 
  1. Learncafe is not jointly or subsidiarily liable for any content made available by authors in their courses, forums, chats, or other means where content may be published. 
  1. It is the sole, full, and exclusive responsibility of the author to respond to any fines, notifications, summons, or charges arising from any obligations resulting from the content of their publication, including requesting the exclusion of Learncafe if it is included in any claim against the author, jointly or subsidiarily, and bearing the expenses arising from possible convictions suffered by them or Learncafe before any Public Agency or Department, Court or Tribunal, or even by legitimately constituted authority or extrajudicial instances, including not only the principal but also charges, costs, and attorney's fees. 
  1. An author who breaches any item in these terms and conditions of use will be subject to having their account deactivated and their outstanding balance completely zeroed as a penalty, without the right to receive any payments, compensation, damages, or reimbursements. 
  1. If any infringement by the author causes damage or expenses to Learncafe, the latter may seek appropriate compensation in or out of court, without prejudice to indemnities and any damages that may be assessed. 
  1. Learncafe may occasionally update these terms to clarify its practices or to reflect new or different practices and reserves the right, at its sole discretion, to modify and/or make changes to these terms at any time. Unless otherwise indicated, changes will take effect on the day they are published. 
  1. Continued use of our services by the author after changes take effect signifies acceptance of the changes. Any revised terms will prevail over all previous terms. 

The parties elect the jurisdiction of the District of Belo Horizonte, State of Minas Gerais, as competent to resolve any disputes arising from these Terms and Conditions of Use, regardless of any other jurisdiction, however privileged it may be or become.


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