terms & conditions
1. Acceptance of Terms
By accessing or using the kula marketplace (kula-marketplace.com), you agree to be bound by these terms and conditions. if you do not agree, do not use the platform. kula reserves the right to update these terms at any time. continued use following notice of changes constitutes acceptance.
2. The kula Marketplace
kula is a peer-to-peer digital marketplace that enables yoga and wellness teachers (sellers) to sell original content to other yoga and wellness teachers (buyers). kula does not create, own, or endorse any content listed on the platform. kula is a technology platform, not a publisher or content creator.
3. Account Registration
To buy or sell on kula, you must create an account using accurate information. you are responsible for maintaining the security of your account. accounts are non-transferable. users must be 18 years of age or older.
4.1. Original Content
Sellers represent and warrant that all content uploaded to kula is their original work, does not infringe any third-party intellectual property rights, and complies with all applicable laws.
4.2. Licence to kula
By uploading content, sellers grant kula a non-exclusive, royalty-free licence to host, display, and distribute the content to buyers on the platform.
4.3. Intellectual Property Ownership
Sellers retain full copyright and ownership of all content they upload. kula does not claim ownership of seller content.
4.4. Prohibited Content
Sellers may not upload content that: infringes third-party copyright, trademark, or other IP rights; contains third-party audio, video, or images without appropriate licences; is misleading, fraudulent, or misrepresented; violates any applicable law or regulation; is hateful, discriminatory, or harmful.
4.5. Commission — 30% + $0.25
kula retains a commission of 30% of each sale price, plus a $0.25 transaction fee per resource. the remaining amount is paid to the seller via Stripe Connect on a monthly basis, subject to a minimum payout threshold of $5.00.
4.6. Pricing
Sellers set their own prices. paid listings must be priced at a minimum of $1.00, and sellers may also offer resources free of charge. kula reserves the right to remove any paid listing priced below this threshold.
4.7. Indemnification
Sellers agree to indemnify, defend, and hold harmless kula and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising from seller's content, breach of these terms, or violation of any third-party rights.
5.1. Personal Use Licence
Upon purchase, buyers receive a non-exclusive, non-transferable licence to use the purchased content for personal teaching purposes only. this licence permits: teaching the content in live or online classes; minor adaptations for personal use.
5.2. Prohibited Buyer Actions
Buyers may not: resell, redistribute, or sublicence purchased content; share purchased files with others; reproduce content in publications or other products; remove or alter copyright notices.
5.3. Digital Downloads
All purchases are digital downloads. kula is not responsible for compatibility issues with the buyer's device or software.
6. Refund Policy
Due to the digital nature of all products, kula does not offer refunds once a file has been downloaded. if a file is corrupted, significantly misrepresented, or fails to download, buyers may request a refund within 24 hours of purchase by contacting discoverkula@gmail.com. kula reviews all refund requests within 7 days and has sole discretion in granting refunds.
7. Intellectual Property & DMCA
kula respects intellectual property rights. if you believe content on kula infringes your copyright, submit a DMCA takedown notice to discoverkula@gmail.com including: identification of the infringing content; your contact information; a statement of good faith belief; your signature. kula will respond following a review period and remove infringing content if the claim is valid.
8. Payments & Taxes
All payments are processed by Stripe. kula does not store payment card information. sellers are responsible for reporting and paying all taxes on their earnings. buyers are responsible for any applicable sales tax in their jurisdiction. kula may collect and remit taxes where required by law.
9. Content Moderation
kula reviews all content submissions before publication. kula reserves the right to reject, remove, or modify any listing at its sole discretion. repeated violations may result in account suspension or termination without notice.
10. Disclaimer of Warranties
kula is provided 'as is' without warranties of any kind, express or implied. kula does not warrant that the platform will be uninterrupted, error-free, or that content will meet any specific standard of quality.
11. Limitation of Liability
To the maximum extent permitted by law, kula's liability for any claim arising from use of the platform is limited to the amount paid by the user in the 12 months preceding the claim, or $100, whichever is lower.
12. Governing Law
These terms are governed by the laws of the State of Wisconsin, United States. any disputes shall be resolved in the courts of Wisconsin.
13. Contact
For questions about these terms, contact: discoverkula@gmail.com