Welcome to HiSolver! By accessing and using our platform, whether as an end user ("User") or as a Content Producer ("Content Producer"), you fully agree to the terms and conditions described in this Terms of Service Agreement ("Agreement"). This document aims to clearly outline the obligations, responsibilities, and rights of all parties involved in the use of HiSolver, ensuring legal robustness and protection for HiSolver, its Users, and Content Producers.
Please read this Agreement carefully before using the platform, as it establishes the contractual basis of our relationship! By accepting this Agreement, you acknowledge and agree to its terms, conditions, and any future updates.
To ensure clarity, precision, and legal applicability of this Agreement, the following definitions should be observed. These terms are used throughout the Agreement and apply to all agreements and documents issued in conjunction with HiSolver:
1.1 ("HiSolver"): Refers to the company that maintains the HiSolver platform, its successors and assigns, its legal representatives, directors, employees, and anyone or any entity acting on behalf of the company to provide the services described in this Agreement.
1.2 ("Platform"): Includes the HiSolver website, mobile applications, software, API, and any other digital services, technological or operational properties provided by HiSolver, including updates, modifications, or new features released in the future.
1.3 ("User"): Any natural person who uses, accesses, or interacts with the HiSolver platform for educational, learning, or consultation purposes. This includes, but is not limited to, students, occasional visitors, registered users, subscribers to paid plans, and any individuals who benefit from HiSolver's services.
1.4 ("Content Producer"): Any individual or legal entity, properly qualified and registered with HiSolver, who creates, makes available, shares, or publishes educational content, teaching materials, courses, videos, texts, images, or other types of media through the HiSolver platform, whether for profit or not. Content Producers may include teachers, educators, experts, authors, and educational institutions.
1.5 ("Content"): Refers to any material, whether text, video, audio, graphic, spreadsheet, handout, or any other media or format uploaded or shared by Content Producers on the platform, intended for educational or learning purposes, made available for use by Users. It may also include comments, evaluations, and interactions from Users within the platform.
1.6 ("Content Producer Agreement"): A document signed between HiSolver and the Content Producer, defining the rights and responsibilities regarding the creation, publication, monetization, and management of the content made available on the platform. The Content Producer Agreement is supplemented by the specific clauses contained in this Agreement.
1.7 ("Personal Data"): Refers to any information related to an identified or identifiable individual, under applicable data protection laws, including but not limited to, name, address, email, login data, content preferences, and any other information collected through the use of the platform.
1.8 ("Cookies"): Small data files stored on the User's or Content Producer's device when they access the HiSolver platform. These are used to collect information about browsing and user preferences, enhance the user experience, and offer personalized content.
1.9 ("Content License"): Refers to the right granted by the Content Producer to HiSolver, as described in clause 3.3 of this Agreement, authorizing the use, reproduction, distribution, display, adaptation, and disclosure of their content within the scope of the platform and for purposes related to HiSolver's operation.
1.10 ("Intellectual Property"): Encompasses all intellectual property rights, including but not limited to, trademarks, patents, copyrights, trade secrets, know-how, inventions, and other proprietary rights associated with HiSolver and the content created, published, or shared on the platform.
1.11 ("Monetization"): The process by which Content Producers can earn revenue from content made available on the platform, according to the remuneration terms, revenue sharing, and other commercial conditions set forth in this Agreement and in specific agreements with HiSolver.
1.12 ("Licensing Agreement"): A supplemental agreement that may be signed between HiSolver and Content Producers, establishing specific rules regarding the licensing of the content produced, including territorial scope, duration, royalty or revenue-sharing values, and other details.
1.13 ("Civil Liability"): Refers to the obligation to repair damages caused to others, whether due to contractual breach, rights violation, or non-compliance with a legal obligation, according to applicable legislation and other norms.
1.14 ("Jurisdiction"): Establishes the competent jurisdiction for resolving any disputes arising from this Agreement, as stipulated in Clause 11.1.
1.15 ("Usage Data"): Information automatically collected about how Users and Content Producers interact with the HiSolver platform, including but not limited to, browsing patterns, time spent on specific pages, content accessed, and other relevant metrics for behavior analysis and platform improvement.
1.16 ("Marketplace"): For the purposes of this Agreement, the Marketplace refers to the functionality offered by the HiSolver platform that allows Content Producers to create, offer, and sell educational products or services directly to Users. These products or services may include but are not limited to supplementary teaching materials, exclusive audiovisual content, courses, consulting services, or any other merchandise or services that align with the educational purpose of the platform. HiSolver will act as an intermediary in these transactions, being responsible for facilitating the buying and selling process, collecting amounts, and managing interactions between Content Producers and Users. Transactions carried out in the Marketplace will be subject to an administration fee, as stipulated in Clause 4.8 of this Agreement, and Content Producers acknowledge and agree to the retention of these amounts before earnings are passed on. HiSolver will not be a party to the commercial relationship established between the Content Producer and the User, limiting itself to the role of platform facilitator and disclaiming any responsibility arising from failures, breaches, or defects in the products or services offered.
1.17 ("Subscription"): The term Subscription refers to the recurring subscription model that may be offered by Content Producers within the HiSolver platform, whereby Users can pay a periodic amount in exchange for access to exclusive content or benefits. Such subscriptions may include premium content, private lessons, mentorships, advanced materials, or any other type of service that adds value to the User's learning and is compatible with the platform's educational nature. The implementation of any Subscription offer by Content Producers will be subject to the guidelines and conditions imposed by HiSolver, with the Content Producer being fully responsible for the quality, delivery, and maintenance of the services offered to subscribers. Any failures or breaches in the provision of services may result in the suspension or removal of the content from the platform, without prejudice to other sanctions provided for in this Agreement.
1.18 ("Privacy Policy"): Refers to the set of guidelines and practices adopted by HiSolver to regulate the collection, use, storage, treatment, protection, and sharing of personal data and other information provided by Users and Content Producers. HiSolver's Privacy Policy complies with applicable data protection laws. The HiSolver Privacy Policy is an integral part of this Agreement, and its acceptance is an essential condition for the use of the platform.
2.1 Explicit Agreement. By using or accessing the HiSolver platform, the User or Content Producer agrees to be bound by this Agreement, fully accepting its provisions. This agreement is automatic at the time of registration on the platform, the submission of any content, or the use of any functionality provided by HiSolver.
2.2 Legal Capacity. By using HiSolver, the User declares that they have full legal capacity and are legally eligible to enter into this Agreement under applicable law. If the User is a minor (under 18), they must obtain express consent from their parents or legal guardians to use the platform.
2.3 Modifications and Updates. HiSolver reserves the right to modify the terms of this Agreement at any time, with the responsibility of the User and Content Producer to periodically review the current conditions. Substantial changes will be communicated via email or a notice on the platform. Continued use of the platform after updating the terms implies acceptance of the changes.
2.4 Subscription Plans and Free Version. HiSolver offers its Users two modes of access to the platform under the following terms:
2.4.1 Free Version: Available to any registered User, the free version of HiSolver grants limited access to platform features, allowing up to 10 (ten) interactions per hour. If the User exceeds this limit, the platform will temporarily suspend access for 1 (one) hour, after which use can be resumed. "Interactions" include all actions that require platform processing, such as queries, data submissions, or use of specific tools. The temporary suspension does not entitle the User to any compensation or reparation.
2.4.2 Paid Version: The paid version of HiSolver offers Users unrestricted and unlimited access to all platform features. The current cost of this subscription is USD 5.00 (five dollars) per month, subject to change by HiSolver as provided in this clause. Subscription payment will be made exclusively by credit card, which must be valid and accepted by the platform at the time of purchase. Charges will be recurring, meaning automatically debited from the credit card provided at registration, with automatic monthly renewal unless expressly canceled by the User.
2.4.3 Subscription cancellation can be done at any time by the User through the account settings on the platform, but there will be no refund for amounts already paid. HiSolver will continue to provide access to the platform until the end of the current billing cycle at the time of cancellation.
2.4.4 Price Adjustment. HiSolver reserves the right, at any time, to adjust the price of the paid version subscription according to its criteria, such as inflation, operational costs, or feature improvements. Any price change will be communicated to the User in advance via email or platform notice, with at least 30 (thirty) days' notice. Continued use of the platform after the new price is implemented will be considered as tacit acceptance of the adjustment. If the User does not agree with the new price, they may cancel the subscription as provided in this clause.
2.5 Agreement with the Privacy Policy. By accepting the terms of this Agreement, whether as a User or Content Producer, the individual expressly declares that they have read, understood, and fully agree with HiSolver's Privacy Policy, as defined in item 1.18 of this document. The Privacy Policy governs the handling of personal data and other information provided to HiSolver, including but not limited to, the collection, processing, storage, and sharing of such data, always in compliance with applicable data protection legislation.
2.5.1 Acceptance of this Agreement implies express consent to the processing of personal data as described in the Privacy Policy. This policy may be periodically updated, and such updates will be communicated to Users and Content Producers through a notice on the platform or via email. Continued use of the platform after the publication of changes to the Privacy Policy will be considered acceptance of the new conditions. If the User or Content Producer does not agree with the changes, they may opt to terminate their account and cease using HiSolver's services, without prejudice to previously assumed obligations.
3.1 HiSolver Intellectual Property. All software, logos, trademarks, interfaces, designs, features, and other components of the HiSolver platform are the exclusive property of HiSolver, protected by applicable intellectual property laws. Any unauthorized use of these elements is strictly prohibited and may result in legal penalties, including legal action for infringement of rights.
3.2 Content Producer Rights. Content Producers are the sole owners of the rights to the content they create and make available on the platform. However, by submitting any material for publication, the Content Producer grants HiSolver an irrevocable, non-exclusive, worldwide, royalty-free, and transferable license, as outlined in the Content License described below.
3.3 Content License. By uploading content to the platform, the Content Producer grants HiSolver a broad license to:
Reproduce, adapt, modify, and display the content, including for promotional and marketing purposes.
Distribute the content to third parties, including media partners and social networks.
Adapt the content to new formats, technologies, or platforms, with the goal of optimizing its distribution and technological compatibility.
This license will last as long as the content is available on the HiSolver platform, and does not prevent the Content Producer from commercially exploiting their creations through other means, unless otherwise agreed upon in an exclusivity agreement.
4.1 General Conditions for Content Producers. Content Producers agree to:
Create authentic and original materials, ensuring that the published content does not infringe on third-party rights.
Maintain the quality and relevance of the offered content, aligning with the educational and technical standards established by HiSolver, which may be periodically updated.
4.2 Quality Guidelines and Review. HiSolver reserves the right to review, moderate, and remove content that does not comply with its quality guidelines, is inappropriate, or violates this Agreement or any applicable law. These guidelines include, but are not limited to, criteria related to educational clarity, technical accuracy, legal compliance, and suitability for the target audience.
4.3 Prohibited Content. The Content Producer agrees not to publish any material that:
Infringes on copyrights, trademarks, patents, trade secrets, or any other intellectual property rights of third parties.
Contains defamatory, offensive, pornographic, discriminatory, or human rights-violating content.
Incites violence, promotes illegal acts, or violates any local, national, or international laws.
Disseminates political or religious propaganda without proper educational context.
4.4 Monetization and Payment Terms. Content Producers can generate revenue from their content according to HiSolver's revenue-sharing model. The revenue-sharing calculation may vary depending on the type of content, its performance on the platform (number of accesses, evaluations, user engagement), and other factors defined in the Content Producer Agreement.
4.5 Payments and Taxes. Payments will be processed through third-party payment systems. HiSolver will not be responsible for any failures in these systems or delays in payments resulting from technical issues. Content Producers are fully responsible for declaring and paying any taxes, contributions, or fees on the income earned from content monetization. HiSolver will not act as a tax substitute or be responsible for withholding taxes, unless required by law.
4.6 Refunds and Deductions. If a User is eligible for a refund for content purchased on the platform, HiSolver may deduct the corresponding amount from future Content Producer earnings. The conditions for granting refunds will be established by HiSolver's refund policy, and the Content Producer agrees to this possibility.
4.7 Performance Reports. HiSolver may provide Content Producers with reports on the performance of their materials on the platform, including metrics such as views, evaluations, and user engagement. These reports are provided for informational purposes only and do not create any acquired rights for the Content Producer regarding future results.
4.8 HiSolver's Fees and Marketplace Charges. Content Producers who use the HiSolver platform to offer their products or services, whether through the Marketplace, Subscription, or any other permitted monetization means, expressly agree to pay HiSolver a mediation fee corresponding to 10% (ten percent) of all amounts earned through the platform. This percentage will be automatically retained by HiSolver before earnings are passed on to the Content Producer.
4.8.1 The payment of this fee is justified by the facilitation services provided by HiSolver, including but not limited to, platform availability, payment processing, content promotion, and technical support. The Content Producer agrees not to claim any additional amount beyond the previously agreed percentage unless specific provisions are made in complementary agreements or individual contracts.
4.9 No Employment Relationship. It is expressly stated that under no circumstances shall this Agreement or any other agreement signed between HiSolver and the Content Producers be interpreted as establishing any type of employment relationship, whether of a labor, social security, or other nature, between HiSolver and the Content Producers using the platform. Content Producers act entirely independently and autonomously, being responsible for managing their activities, creating content, and interacting with Users, without any subordination, work schedule control, or exclusivity towards HiSolver.
4.9.1 The relationship established between HiSolver and Content Producers is of a purely commercial nature, governed by the terms and conditions of this Agreement, and does not constitute an employment relationship under applicable labor law. The Content Producer will be responsible for the payment of all taxes and social security contributions that may apply to the revenues generated through the use of the platform, absolving HiSolver of any responsibility in this regard.
5.1 Legal Use of the Platform. Users agree to use the platform solely for lawful educational purposes and are prohibited from:
Copying, reproducing, distributing, or commercially exploiting any content without proper authorization, except as allowed by copyright law.
Using the platform to spread viruses, spam, or any other activity harmful to HiSolver's technological integrity.
Using scripts, bots, crawlers, or any other automated method to access, copy, or distribute information or content made available on the platform without prior authorization from HiSolver.
5.2 Responsibility for User-Generated Content. The User agrees not to send, publish, or transmit any material or content that is illegal, threatening, abusive, defamatory, obscene, offensive, fraudulent, or that infringes the rights of third parties. HiSolver reserves the right to moderate, edit, or remove content generated by Users that violates the Agreement's guidelines and may, if necessary, deactivate accounts or restrict platform access.
5.3 User Account Termination. HiSolver may suspend or terminate Users' access to the platform, either temporarily or permanently, without prior notice, in case of violation of this Agreement, engagement in illegal activities, or conduct harmful to the proper functioning of the platform or its community.
6.1 Commitment to Data Protection. HiSolver adopts rigorous security measures to protect the personal information of Users and Content Producers in accordance with best practices in cybersecurity and applicable legislation.
6.2 Personal Data Processing. Personal Data provided by Users and Content Producers will be used solely for the purposes of HiSolver's service provision, as described in our Privacy Policy, which is an integral part of this Agreement.
6.3 Data Breach. In the event of a data breach, whether through unauthorized access, misuse, or any other security incident compromising Personal Data, HiSolver will promptly notify Users and the relevant authorities as required by applicable law, taking the necessary measures to mitigate the damage.
7.1 Disclaimer of Warranties. HiSolver provides the platform and its services "as is," without express or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. HiSolver does not guarantee that the platform will be free from interruptions, errors, or that defects will be corrected within a specific timeframe.
7.2 Limitation of Liability. To the fullest extent permitted by applicable law, HiSolver will not be liable for direct, indirect, incidental, consequential, or punitive damages, including but not limited to, loss of profits, business interruption, loss of data, or other damages resulting from or related to the use or inability to use the platform.
8.1 Users and Content Producers agree to indemnify, defend, and hold harmless HiSolver, its directors, employees, affiliates, and partners from any claims, liabilities, losses, damages, and expenses, including attorney's fees, arising from or related to:
Misuse of the platform.
Violation of this Agreement or any applicable legal provision.
Violation of third-party rights, including intellectual property rights.
Content made available or created on the platform that violates rights or causes harm to third parties.
9.1 Termination by HiSolver. HiSolver reserves the right to unilaterally terminate this Agreement, suspend or terminate User or Content Producer access to the platform without prior notice in the event of a breach of the terms set forth herein or any conduct that harms the proper functioning or reputation of HiSolver.
9.2 Termination by the User or Content Producer. Users or Content Producers may choose to terminate their accounts on the platform at any time by notifying HiSolver. Termination of access does not exempt from previously assumed obligations or exclude liability for any violations that occurred during the period of validity of this Agreement.
10.1 Entire Agreement. This Agreement, along with the Privacy Policy and other supplementary documents, constitutes the entire agreement between the parties, replacing any other understandings, agreements, or arrangements previously made, whether verbal or written, between the parties.
10.2 Severability. If any provision of this Agreement is deemed invalid or unenforceable by a competent authority, such invalidity or unenforceability will not affect the remaining provisions, which will remain in full force and effect.
10.3 Communications. Any communication or notice provided in this Agreement will be made via email sent to the address provided in the User or Content Producer registration, or through notices on the platform.
11.1 Applicable Law. This Agreement will be governed and interpreted in accordance with the laws of HiSolver's domicile, without regard to its conflict of laws principles.
For any questions or clarifications about this Agreement, please contact our legal team at: arch@hisolver.com or directly through the platform's support section.
By using the HiSolver platform, whether as a User or Content Producer, you declare that you have carefully read, understood, and fully agree with all the terms and conditions set forth in the Service Terms Agreement and HiSolver's Privacy Policy, which govern the relationship between you and the platform. By clicking the "Agree" button or using the platform, you formalize your agreement to all the terms of this Agreement and acceptance of its provisions, recognizing its binding nature.
This Term is an integral part of the HiSolver Service Terms Agreement, and its acceptance is an indispensable condition for using the platform's services and features.