Skillshare Digital Products Terms and Conditions for Sellers



Skillshare (as defined in our Terms of Service, and including its operating brand, Superpeer--collectively, “Skillshare,” “we,” “us,” or “our”) works with teachers, creators, experts, and others (a “Seller” or “Sellers”) to allow these Sellers to offer digital items and products (a “Digital Product” or “Digital Products”) for sale on the Services (as defined in our Terms of Service) directly to third-party users and others (a “Buyer” or “Buyers”). These Digital Products Terms refer to both Buyers and Sellers collectively as “Users.” By offering a Digital Product for sale on the Services (a “Digital Products Offering”), you agree to the terms and conditions that follow (the “Digital Products Terms”), as well as our Terms of Service and Privacy Policy. Do not engage in a Digital Products Offering if you do not agree to any of these terms.  

In these Digital Products Terms, the words “including” and “include” mean “including, but not limited to.”


Table of Contents

I. The Skillshare Marketplace

II. Your Account

III. Your Content

IV. Responsibilities and Acknowledgements

V. Payments and Earnings

VI. Termination of Accounts; Withholding of Funds

VII. Disclaimer of Liability

VIII. Indemnification

IX. Export Controls and Restricted Countries


I. The Skillshare Marketplace

Skillshare provides tools that are designed to process a Buyer’s payment for Digital Products and to facilitate the delivery of those Digital Products to Buyers. Skillshare also provides a searchable marketplace of Digital Products being offered for sale by Sellers (the “Marketplace”). As a marketplace, Skillshare does not own or sell the Digital Products listed on the Marketplace and Skillshare is not a party to any transaction or other interaction between Users related to Digital Products. Accordingly, any contract for the sale of Digital Products on the Marketplace is entered into directly between the Seller and the Buyer. Skillshare facilitates Digital Products transactions through hosting the Marketplace, displaying pricing, listing Digital Products offerings, and processing payments. For clarity, and in addition to the foregoing, Skillshare will have no responsibility or obligation with respect to any transactions that are not conducted on the Marketplace and Skillshare is not an employer of or agent for, any Seller or Buyer. 

While Skillshare may, in its sole discretion, help facilitate the resolution of disputes, Skillshare does not take part in the interaction between Buyers and Sellers and has no control over and does not guarantee: 

  • any aspect whatsoever of any ratings provided by Users; 
  • the integrity, responsibility, or any action of any Buyer; 
  • the volume of payments that may be generated by, or the number of Buyers that may choose to pay for, any Digital Product;
  • the ability of Buyers to pay for Digital Products; 
  • that a Buyer will actually complete a Digital Products Transaction; or
  • that a Buyer will return a Digital Product if a return has been authorized through the Marketplace.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Skillshare reserves the right, but not the obligation, to provide support in the event of disputes between Users. You agree that Skillshare is not responsible for the conduct, whether online or offline, of any User, and that Skillshare makes no representation with respect to interactions between Users. Skillshare will not be liable for any claim, injury, or damage arising in connection with your use of the Marketplace

II. Your Account

Your first experience using the Marketplace will differ depending on if you have already registered an account with Skillshare and/or Superpeer--a Skillshare-operated brand. 

If you have already registered a Superpeer account, you will be asked to log in, and once you do so, you will be able to use the Marketplace as normal. 

If you have already registered a Skillshare account, but you have not yet registered a Superpeer account, a free Superpeer account will be registered for you when you first enter the Marketplace, based on your Skillshare account. This is necessary to give you access to the Marketplace, which exists because of functionality offered by Superpeer. 

If you have registered neither a Skillshare nor a Superpeer account: when you first enter the Marketplace, you will be required to register a free Superpeer account.

Where you are required to actively register an account, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form and keep that information updated.  You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Marketplace under the laws of the United States, your place of residence, or any other applicable jurisdiction.  You are responsible for all activities that occur under your account.  You agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Marketplace by minors.  

You may not share your account or password with anyone, and you agree to notify Skillshare immediately of any unauthorized use of your password or any other breach of security.  If you provide any information that is untrue, inaccurate, not current, or incomplete, or Skillshare has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Skillshare has the right to suspend or terminate your account and refuse any and all current or future use of the Marketplace (or any portion thereof).  You agree not to register an account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one account per platform at any given time.  Skillshare reserves the right to remove or reclaim any usernames at any time and for any reason, including claims by a third party that a username violates their rights.  You agree not to create an account or use the Marketplace if you have been previously removed by Skillshare or any related service. 

III. Your Content

When you upload or submit content to the Marketplace, you grant, and you represent and warrant that you have all rights necessary to grant, to Skillshare a non-exclusive, worldwide, royalty-free, sublicensable, perpetual, and transferable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content in any form, media, or technology, whether now known or hereafter developed. The license granted by you is for the purpose of operating, providing, marketing, promoting, and improving our products and services. 

By submitting your content to the Marketplace, you also give Skillshare users the right to share your content via various social media platforms that may be integrated with Skillshare. Skillshare may offer you ways to access and remove your content, as well as ways for you to indicate use restrictions for the use and access to your content (such as by allowing you to make your content available under Creative Commons licenses or allowing you to specify license terms). You are responsible for determining and communicating the limitations that are placed on your content. Skillshare does not monitor or control what others do with your content. It is your responsibility to let other Users know how your content may be shared or used, and to monitor such sharing or usage. 

You acknowledge that all content posted to the Marketplace is the sole responsibility of the party from whom such content originated. This means that you, and not Skillshare, are entirely responsible for all content that you upload, post, email, transmit, or otherwise make available through the Marketplace. Skillshare has no obligation to store any of the content that you post or otherwise make available on the Marketplace and Skillshare has no responsibility or liability for the timeliness of, deletion of, misdelivery of, accuracy of, or failure to store any content, including your content.

IV. Responsibilities and Acknowledgments

When you offer Digital Products for sale on the Marketplace, you acknowledge and agree that: 

  • You will comply with all applicable laws, regulations, court orders, third-party rights, applicable industry requirements (including, without limitation, any and all applicable provisions of the Visa International Operating Regulations, Mastercard Merchant Rules, and PCI compliance standards), and any Skillshare policy or standard that may be issued from time to time. 
  • All Digital Products you offer on the Marketplace, and all parts thereof, are owned and controlled by, or licensed to, you. Without limiting the generality of the foregoing, if your Digital Products include third-party design elements, including fonts, clipart, sprites, vectors, and brush tools, the end user license agreement, terms of service, or the equivalent license held by you allows you to incorporate such elements in the Digital Products created by you, and to license such Digital Products to Skillshare and to Buyers on the terms herein. 
  • If your Digital Products contain music, lyrics, and/or sound recordings, you own or have acquired all rights to use such music, lyrics, and/or sound recordings from the owner of the copyright of such music, lyrics, and/or sound recordings sufficient to permit the sale of your Digital Products on the Marketplace. 
  • To the extent that your Digital Products contain identifiable third parties or landmark(s), you represent that you have obtained written consent and/or model and property release(s) of those third parties or landmarks pictured, to use such third party’s or landmark’s name or likeness and grant Skillshare all of the license rights necessary to display your Digital Products on the Marketplace. You also warrant that each such third party has released you from any liability that may arise in relation to such use. 
  • In the event that you promote or deliver any Digital Products that contain personal information of any other individual, you must have provided any notice to data subjects that may be required under applicable law and, to the extent required under applicable law, you must have established a legal basis for your use of such personal data. 
  • You will ensure that all communications, representations, and warranties you make in connection with your Digital Products will:
    • be accurate and contain all disclosures and disclaimers necessary to prevent such communications and/or representations from being false, deceptive, or misleading; and
    • otherwise comply with all applicable laws, regulations, advisories, and policies related to consumer protection. 
  • You will promptly: 
    • respond to inquiries from Skillshare;
    • notify Skillshare of any regulatory or legal complaints, or threats of such complaints, that you receive in connection with or in relation to any of your Digital Products offerings; and 
    • assist Skillshare, at your sole cost and expense, in taking any appropriate and necessary actions reasonably requested by Skillshare to respond to such inquiries and resolve such complaints. 
  • You shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to your Digital Products offerings. It is your responsibility to determine what, if any, taxes apply to the payments you receive from Buyers in connection with your Digital Products offerings, and it is solely your responsibility to assess, collect, report, or remit the correct tax, if any, to the appropriate tax authority. Under no circumstances shall Skillshare be responsible for calculating, collecting, or remitting any such taxes. 

You further agree that you will not and you will not attempt to: 

  • Promote, distribute, or deliver Digital Products through the Marketplace in any manner that: 
    • is illegal or constitutes illegal activity;
    • violates, or may violate, the rules or policies of Skillshare’s third-party service providers, including Stripe, Wise, and Tipalti;
    • Violate third-party rights of any kind, including any intellectual property rights (all patent rights, copyright rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence) and rights of privacy;
    • is prohibited by the Skillshare Community Guidelines or other published policies; 
    • promotes or encourages discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; 
    • targets, or intends to distribute to, children under the age of thirteen (13) years old; 
    • or is threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent. 
  • Require or suggest that a Buyer agree to any terms that interfere with Skillshare’s rights under these Digital Products Terms or any other agreement. 
  • Arrange for the sale of listed Digital Products from outside the context of the Marketplace for the purposes of circumventing the obligation to pay the Marketplace Fee (as defined below) for Digital Products offered through the Marketplace. 

V. Payments and Earnings

1.  Pricing and Earnings

Skillshare does not assess or collect “listing” or “insertion” fees, but may charge and collect from Seller a platform fee and/or a per transaction fee (the “Marketplace Fee”) for each sale a Seller makes through the Marketplace, in our sole discretion, and we may change the Marketplace Fee from time to time. Information about the Marketplace Fee and other Digital Products payment terms, including any updates or changes to such fees or payment terms, can be found here. Any new or adjusted Marketplace Fees will apply to transactions only after the changes are posted to the page. The Marketplace Fee is automatically deducted from the purchase price paid by the Buyer for a Digital Products Transaction, with the remainder (less amounts, if any, related to taxes) settled to Seller, where applicable. 

By operating as a Seller and using Skillshare’s Marketplace to sell your Digital Products, you agree to pay the Marketplace Fee for such transactions and you agree that Skillshare shall have discretion to increase or decrease the price of any Digital Product and to test pricing levels, all in an effort to maximize your overall performance. Skillshare shall also have discretion to offer discounts as part of special promotions, online sales, or campaigns, or to customers who may make volume purchases or commitments or to help secure additional revenue on your behalf.

Skillshare reserves the right to withhold payment or chargeback your account any amounts otherwise due to us under these Digital Products Terms, or amounts due to any breach of these Digital Product Terms by you, pending Skillshare’s investigation of such breach. Skillshare also reserves the right to hold payment for a period of time in its reasonable discretion to mitigate certain risk factors, including selling history, Seller performance, the riskiness of the listing category, or the filing of a dispute claim. 

If a Buyer that has purchased a Digital Product from you files a dispute with their bank regarding that Digital Products transaction, Skillshare will fight the dispute on your behalf, though Skillshare may request information from you to assist us in doing so. You will be fully and solely responsible for the amount of the dispute, as well as a $15 USD dispute fee. These amounts will be withdrawn from and/or credited against any funds that you otherwise would have received, including funds related to future Digital Products transactions. If at the time of the dispute there are not enough funds in your account to cover the fee and the disputed amounts, Skillshare may take funds from your connected bank account or credit card, if any. Skillshare may deactivate and/or remove from the Marketplace Sellers who generate significant numbers of such disputes, at Skillshare’s sole discretion.

If Skillshare makes a payment to you in error, or if you receive funds that the you are not otherwise entitled to receive at the time of disbursement, Skillshare has the right to recoup such amounts from you, including by initiating a debit or charge to any account you provided in connection with the Services. Skillshare may also offset against funds pending settlement to you any sums due, or reasonably likely to become due, to Skillshare pursuant to these Digital Products Terms. 

Upon Skillshare’s or your approval of a refund to a Buyer, the full amount of the authorized refund will be offset against funds pending settlement to you, including in connection with future sale proceeds. To the extent applicable, Skillshare will process the refund payment to the Buyer on your behalf. 

If you do not register fully with the applicable third-party payment provider, including Wise, and do not provide us with the necessary information and documentation, you will not earn any payments related to your Digital Products until you meet those requirements. Any payment you might have earned before meeting those requirements will be forfeited. If you dispute any payment, you must notify Skillshare within thirty (30) days of such payment. Failure to so notify Skillshare shall result in the waiver by you of any claim relating to such disputed payment. 

2.  Payment Processing

By accessing the Marketplace, you hereby appoint Skillshare as your limited payments agent for the limited purpose of receiving, holding, and facilitating settlement of payments to you related to Digital Products. Skillshare, through its third-party service providers, will settle to you payments that are actually or constructively received by Skillshare, less any amounts owed to Skillshare, including, where applicable, any relevant Marketplace Fees or other fees and amounts in respect of taxes. You agree that a payment actually or constructively received by Skillshare on your behalf satisfies Buyer’s obligation to make payment to you, regardless of whether Skillshare or its third-party service providers actually settles such payment to you. If Skillshare does not settle any such payments, you will have recourse against only Skillshare (or its third-party service providers, as applicable) and not Buyer. In accepting this appointment as your limited payments agent, Skillshare assumes no liability for any acts or omissions by you, and you understands that the obligation of Skillshare and its third-party service providers to settle funds to you is subject to and conditioned upon the Buyer’s actual payment and these Digital Products Terms.  

VI. Termination of Accounts; Withholding of Funds

1.  Termination of Your Account

Skillshare, in its sole discretion, may suspend or terminate your account, or retain any or all funds pending settlement to you, if Skillshare suspects or has reason to believe and/or if a person otherwise claims that you have violated the law or breached any term of these Digital Products Terms. 

In addition to the foregoing, and all other rights and remedies available to Skillshare at law or in equity and notwithstanding anything in these Digital Products Terms to the contrary, in the event you breach any term of these Digital Products Terms, or your account becomes dormant and/or has a negative balance, Skillshare shall have the right to immediately suspend or terminate your account and your right to access, use, and/or otherwise participate in the Marketplace. Upon such termination, you agree to immediately cease all use of the Marketplace. 

Without limiting the foregoing, Skillshare shall have the right to immediately terminate your access and use of the Marketplace, or any portion thereof, in the event of any of your conduct that Skillshare, in its sole discretion, considers unacceptable. Following suspension or termination of your account or retaining of funds pursuant to this Section, Skillshare will review your account in a manner determined by Skillshare in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe that you have engaged in misconduct, illegal activity, or activity in violation of these Digital Product Terms, you agree that Skillshare may retain funds in your account as liquidated damages and/or for the benefit of Skillshare or third parties affected by the misconduct, illegal activity, or activity in violation of these Digital Product Terms. You acknowledge and agree that such liquidated damages are not a penalty and are reasonable and not disproportionate to such presumed damages to Skillshare. 

2.  Withholding of Funds and Excessive Dispute or Refund Rates

Skillshare may temporarily withhold any portion of funds pending settlement to you (as reflected in your account) if Skillshare, in its sole discretion, determines that such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness you may have incurred to Skillshare or any Buyer. If you experience a yearly dispute or refund rate in excess of 15%, you hereby authorize Skillshare to hold in reserve an amount equal to 25% of your funds pending settlement for 90 days on a rolling basis to offset the potential cost of future disputes or refunds. If you experience a dispute or refund rate in excess of 25%, your account may be suspended, terminated, or otherwise subject to additional conditions or fees. 

VII. Disclaimer of Liability

Skillshare expressly disclaims any liability that may arise because of interactions between Users. The Marketplace is only a venue for connecting Buyers with Sellers. Because Skillshare is not a party to the actual contracts between Buyers and Sellers, in the event that you have a dispute with one or more Users, you release Skillshare, its parents, subsidiaries, affiliates, officers, employees, investors, agents, partners, and licensors, but excluding any Users (each a “Skillshare Party” and collectively, the “Skillshare Parties”) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

You acknowledge and agree that Skillshare Parties are not liable, and you agree not to seek to hold Skillshare Parties liable, for the conduct of other Users, including third parties, and that the risk of injury from such third parties rests entirely with you.

Skillshare is not involved in the actual transaction between Buyers and Sellers. While we may help facilitate the resolution of disputes at times, we have no control over and do not guarantee the quality, safety, or legality of Digital Products advertised, the truth or accuracy of Users’ content or listings, the ability of Buyers to pay for Digital Products, or that Buyers will actually complete a transaction or properly return a Digital Product. 

VIII. Indemnification

Without limiting your other indemnification obligations (including those specified in the Terms of Service), you hereby agree to indemnify and hold the Skillshare Parties harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: 

  • your Digital Products; 
  • your inability to use any portion of the Marketplace;
  • your violation of the Digital Products Agreement;
  • your violation of any rights of another party, including any Buyers or other Users;
  • disputes with other Users; or
  • your violation of any applicable laws, rules, or regulations.  

Skillshare reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Skillshare in asserting any available defenses.  This provision does not require you to indemnify any of the Skillshare Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any services provided hereunder.  You agree that the provisions in this section will survive any termination of your account, the Digital Products Agreement, and/or your access to the Marketplace.

IX. Export Controls and Restricted Countries

As a global company based in the United States with operations in other countries, Skillshare complies with certain export controls and economic sanctions laws. You should familiarize yourself with these restrictions, regardless of your location. You represent and warrant that:

  • You are not located in, and you are not a national or resident of any country to which the United States, United Kingdom, European Union, Australia, or Canada has embargoed goods and/or services of the same type as the Marketplace, including Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine; and
  • You are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity that:
    • appears on the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List, or Palestinian Legislative Council List;
    • the U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons, Entity, or Unverified List;
    • the Consolidated List of Targets published by the U.K. HM Treasury; or the Consolidated List published by the A.U. Department of Foreign Affairs and Trade;
    • is subject to sanctions in any other country; or
    • is engaged in the design, development, or production of nuclear, biological, or chemical weapons, missiles, or unmanned aerial vehicles.