Instructor Agreement
Version 1.0 · Effective: Draft Draft
This document is a draft under legal review. Fields in square brackets will be completed after approval.
1. Parties
Musichool
| Item | Value |
|---|---|
| Company name | Barboros Yazılım ve Pazarlama Teknolojileri (BYPT) |
| Address | Kartaltepe Mah. Belediye Cad. No:3 Limanoğlu İş Merkezi No:38, Küçükçekmece / İstanbul |
| Tax office / Tax ID | Küçükçekmece / 1420771221 |
| Phone | +90 554 434 09 99 |
| [email protected] |
Instructor
| Item | Value |
|---|---|
| Name / company name | [EĞİTMEN: ad soyad veya şirket unvanı] |
| ID / Tax No | [EĞİTMEN: kimlik veya vergi no] |
| Address | [EĞİTMEN: adres] |
| [EĞİTMEN: e-posta] |
In this agreement Musichool is also called "we" and the instructor "you".
2. Subject
This agreement covers the hosting, sale, streaming and promotion on the Musichool Platform of the recorded music lessons you make (the "Content"), revenue sharing, the AI twin, and the parties' other rights and obligations.
It is drafted under the Turkish Code of Obligations No. 6098 and the Turkish Law on Intellectual and Artistic Works No. 5846 ("FSEK"). The parties are independent; this agreement does not create employment, partnership or agency.
3. Ownership of the Content
- All rights in the Content belong to you and remain yours.
- This agreement does not transfer your rights in the Content to Musichool.
- You may also publish and sell your Content on other platforms.
4. Licence you grant to Musichool
When you upload Content, you grant Musichool a non-exclusive licence, for the term of this agreement, to:
- host the Content on servers and video services (Vimeo, YouTube),
- sell it as a single course and offer it within Plus and instructor subscriptions,
- stream it to students,
- process it as technically necessary (e.g. encoding, subtitles, splitting into chapters),
- use short excerpts, your name, photo and biography to promote the Platform and the Content.
[KARAR: territorial scope of the licence — worldwide or Türkiye?] [KARAR: will the instructor's prior approval be required for promotional use?]
As required by FSEK Art. 52, the scope, duration and territory of this licence are set out in writing in this agreement.
5. Pricing
[KARAR: who sets single-course and instructor-subscription prices — the instructor, Musichool, or jointly? How will participation in discounts and campaigns work?]
6. Revenue share
| Revenue type | Your share | How it is calculated |
|---|---|---|
| Single-course sale | 70% | 70% of revenue from sales of your course |
| Instructor subscription | 70% | 70% of revenue from your subscription [KARAR: confirm rate] |
| Plus | Pool share | 70% of Plus revenue goes into an instructor pool; the pool is shared among instructors according to the watch time of their content by Plus subscribers |
- [KARAR: definition of "revenue" — net of VAT, payment provider (PayTR) fees and refunds, or gross?]
- Sales that are refunded or reversed by chargeback are deducted.
- [KARAR: how abuse in watch time (e.g. artificial views) will be handled]
7. Payout schedule and taxes
- Payout schedule: [KARAR: monthly? on which day? minimum payout threshold?]
- For each payout period we provide a revenue report based on sales and watch time. [KARAR: how the report is provided and the period for disputing it]
- Tax obligations: [KARAR: invoice / self-employment receipt / expense voucher and withholding depending on the instructor's tax status; instructors resident abroad]
- Payouts are made to the bank account you provide. You are responsible for the accuracy of your bank details.
8. Your warranties
Copyright and other rights:
- You warrant that you hold all rights and permissions needed for the musical works, sheet music, tabs, arrangements, sound recordings and all other materials used in the Content.
- If you use someone else's work (composition, lyrics, arrangement, sheet music), you confirm that you are aware of the rights of the authors and of permissions that may need to be obtained through MESAM, MSG and other relevant collecting societies, and that you have obtained the necessary permissions.
- If you use someone else's performance or sound recording, you must also have the permissions for performers' and producers' rights.
- You must have the permission of anyone else who appears or can be heard in your videos.
Quality of the Content:
- The Content must comply with the law, the Community Guidelines and public morals.
- Course descriptions and information must be accurate and not misleading.
If a third party brings a claim against Musichool because of a breach of these warranties, you agree to compensate Musichool for the resulting losses. Musichool will notify you of the claim without delay and cooperate with you in the defence.
9. AI twin (Hocayla Çalış / Twin)
- An AI twin presented under your name is created only with your separate written explicit consent. This consent is not a condition of this agreement; you can work as an instructor without giving it. Text: Explicit Consent Texts, section 7.
- The twin uses only your own material.
- Questions the twin cannot answer are passed to you. [KARAR: is there an expected response time for the instructor?]
- A real instructor's name is never used in made-up content. Musichool does not create or publish content presenting something you did not say as your words.
- You can withdraw your consent in writing at any time; your twin is taken out of use within [KARAR: time limit] and data prepared for it is deleted within [KARAR: time limit].
- For the twin, your material and students' questions are sent to Google's Gemini service (USA).
10. Student data
- You use the Teacher Review recordings students send you and the questions the twin passes on only to give that student feedback.
- You do not copy, store, share or use these recordings and questions outside the Platform or for other purposes. Recordings are deleted automatically after 90 days.
- Statistics shown to you (e.g. the "struggle map") are aggregated and anonymous only, and shown only when there are at least 5 students. You will not try to identify individual students.
- [KARAR: the instructor's role under KVKK — processor or separate controller? If processor, add data processing terms]
11. Your personal data
To perform this agreement we process your identity, contact, bank and tax information. [KARAR: privacy notice and retention periods for instructor data — not in the current data inventory]
12. Removing Content
- You can ask us at any time to remove your Content; it will be closed to new sales within [KARAR: time limit].
- If we receive a notice that Content is unlawful or infringes third-party rights, we may temporarily disable access to it under Turkish Law No. 5651 and related rules, and we will inform you.
- [KARAR: when Content is removed, will students who already bought the course keep access? If so, the licence must survive termination for that purpose]
13. Term and termination
- This agreement has no fixed term.
- Either party may terminate with [KARAR: notice period] days' written notice.
- Either party may terminate immediately if the other seriously breaches this agreement.
- On termination: the Content is closed to new sales and removed from the Platform within [KARAR: time limit]; your revenue share earned up to the termination date is paid according to the payout schedule; your AI twin is taken out of use.
14. Liability
Except in cases of intent or gross negligence, neither party is liable for indirect loss or loss of profit. [KARAR: will a liability cap be set?] The warranties and indemnity in section 8 are not affected by this limitation.
15. Confidentiality
Each party keeps confidential any non-public business information learned under this agreement (e.g. revenue reports, pricing, technical information). This obligation continues for [KARAR: number] years after the agreement ends.
16. Changes
We will notify you by e-mail of any changes to this agreement at least [KARAR: number of days] days in advance. If you do not accept a change that reduces your revenue share, you may terminate the agreement before the change takes effect, without observing the notice period.
17. Governing law and jurisdiction
This agreement is governed by Turkish law. [KARAR: competent courts and enforcement offices] have jurisdiction over disputes.
18. Entry into force
This agreement takes effect on the date it is accepted electronically or signed by the parties. [KARAR: electronic acceptance, or wet/e-signature?]
The Turkish version of this agreement prevails if there is any conflict between the two versions.