Content Creator Agreement for Mentorway

Last Updated: March 21, 2025

This Content Creator Agreement ("Agreement") is entered into between:

Mentorway, a company organized under the laws of Romania, with its registered office address at Simeria, Strada Cuza Voda nr. 19, Simeria, Hunedoara, Romania ("Mentorway" or "we")

and

The individual or entity accepting this Agreement ("Content Creator" or "you").

1. Purpose of Agreement

This Agreement governs the terms under which you provide your original copyrighted content to Mentorway for processing with artificial intelligence (AI) and incorporation into our educational platform.

2. Content Submission and Licensing

2.1 Content Submission

You may submit your original copyrighted content ("Original Content") to Mentorway through our designated submission process. You represent and warrant that you are the lawful owner or licensee of all Original Content you submit, with full rights to grant the licenses contained in this Agreement.

2.2 License Grant

By submitting Original Content to Mentorway, you grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to:

  • Use, reproduce, modify, adapt, translate, and create derivative works from the Original Content
  • Process the Original Content using AI technologies
  • Distribute and make available the processed content to users of our educational platform
  • Use your name and biographical information in connection with the Original Content

2.3 License Term

The license granted in Section 2.2 shall continue for the duration specified in the accompanying submission form, or if no duration is specified, for the term of your copyright in the Original Content.

2.4 Reservation of Rights

All rights not expressly granted to Mentorway are reserved to you. You retain ownership of your Original Content.

2.5 Attribution

Mentorway will provide appropriate attribution to you as the author of the Original Content on our educational platform, unless you request anonymity.

3. AI Processing and Derivative Works

3.1 AI Processing

You acknowledge and agree that Mentorway will process your Original Content using AI technologies to create educational materials for our users. This processing may include:

  • Analyzing and categorizing the content
  • Summarizing or extracting key concepts
  • Reorganizing and presenting the content in different formats
  • Creating educational exercises or assessments based on the content
  • Combining content with other materials to create comprehensive educational resources

3.2 Derivative Works

You acknowledge that through AI processing, Mentorway will create derivative works based on your Original Content. For clarity under Romanian copyright law:

  • Derivative works that involve sufficient human creative input may be eligible for independent copyright protection
  • Purely AI-generated outputs without substantive human creative input may not qualify for independent copyright protection
  • Your original copyright in the submitted content remains unaffected

3.3 Quality Assurance

Mentorway will employ reasonable efforts to ensure that AI processing of your Original Content:

  • Maintains the essential quality and accuracy of the Original Content
  • Does not distort or misrepresent the Original Content
  • Complies with applicable educational standards

4. Compensation

4.1 Compensation Structure

Compensation for your Original Content, if any, will be specified in the accompanying submission form or a separate written agreement between you and Mentorway.

4.2 Payment Terms

If applicable, payments will be made according to the terms specified in the accompanying submission form or separate agreement. All payments are subject to tax withholding as required by applicable law.

5. Content Creator Representations and Warranties

You represent and warrant that:

5.1 Ownership and Rights

You are the sole owner of the Original Content or have obtained all necessary rights, licenses, consents, and permissions to grant the licenses contained in this Agreement.

5.2 Non-Infringement

The Original Content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party.

5.3 Accurate Information

All information you provide about yourself and the Original Content is accurate and complete.

5.4 No Conflicting Obligations

You are not under any obligation that would prevent you from entering into this Agreement or granting the licenses contained herein.

6. Mentorway Representations and Warranties

Mentorway represents and warrants that:

6.1 Educational Use

We will use the Original Content solely for educational purposes as described in this Agreement.

6.2 Attribution

We will provide appropriate attribution to you as specified in Section 2.5, unless you request anonymity.

6.3 Legal Compliance

Our use of the Original Content will comply with applicable laws and regulations.

7. Term and Termination

7.1 Term

This Agreement commences on the date you submit Original Content to Mentorway and continues until terminated as provided herein.

7.2 Termination by Content Creator

You may terminate this Agreement by providing written notice to Mentorway. Upon termination:

  • Mentorway will cease using your Original Content for creating new educational materials
  • Mentorway may continue to use educational materials already created from your Original Content prior to termination
  • If specified in a separate compensation agreement, any continuing financial obligations will be governed by that agreement

7.3 Termination by Mentorway

Mentorway may terminate this Agreement by providing written notice to you if:

  • You breach any term of this Agreement
  • Mentorway ceases operations or discontinues the educational platform
  • Retention of your Original Content becomes legally or commercially impracticable

7.4 Survival

Sections 2.4, 5, 6, 8, 9, and 10 shall survive any termination of this Agreement.

8. Limitation of Liability

8.1 Limitation of Liability

To the maximum extent permitted by applicable law, neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from this Agreement.

8.2 Cap on Liability

In no event shall Mentorway's aggregate liability for any claims arising out of or related to this Agreement exceed the greater of: (a) the total amounts paid by Mentorway to you under this Agreement during the twelve (12) month period preceding the event giving rise to liability, or (b) 500 EUR.

9. Indemnification

9.1 By Content Creator

You agree to indemnify, defend, and hold harmless Mentorway and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from: (a) your breach of any term of this Agreement; (b) your Original Content; and (c) your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right.

9.2 By Mentorway

Mentorway agrees to indemnify, defend, and hold harmless you from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from: (a) Mentorway's breach of any term of this Agreement; and (b) Mentorway's use of your Original Content in a manner not authorized by this Agreement.

10. General Provisions

10.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any dispute arising out of or in connection with this Agreement shall be submitted to the competent courts of Romania.

10.3 Entire Agreement

This Agreement, together with any accompanying submission form or separate written agreement regarding compensation, constitutes the entire agreement between you and Mentorway concerning the subject matter herein.

10.4 Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

10.5 Assignment

You may not assign or transfer this Agreement without the prior written consent of Mentorway. Mentorway may assign this Agreement to any successor to its business.

10.6 Notices

All notices under this Agreement shall be in writing and sent to the email address specified in your account or to legal@mentorway.io for notices to Mentorway.

10.7 No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

11. Acceptance

By submitting Original Content to Mentorway, you acknowledge that you have read and agree to be bound by this Agreement.

Mentorway
Simeria, Strada Cuza Voda nr. 19
Simeria, Hunedoara, Romania
Email: legal@mentorway.io