Payments Terms of Service

Terms of Service for My Instructor Payments

• Last updated: August 3, 2023

Please take the time to thoroughly read these Payments Terms of Service as they include crucial information regarding your legal duties, rights, and remedies. You consent to abide by and be bound by these Payments Terms of Service by using the Payment Services.

You and My Instructor Payments have entered into a binding contract (the “Agreement”) that governs the Payment Services (described below), which are provided through or in connection with the My Instructor Platform.

When “My Instructor Payments,” “we,” “us,” or “our” are used in these Payments Terms, they relate to My Instructor Inc. (“My Instructor Payments”), the My Instructor Payments entity you are engaging with for Payment Services.

Your usage of the My Instructor Platform is subject to the My Instructor Service Terms of Use (“My Instructor Terms”). Except as otherwise indicated in these Payments Words, all capitalized terms have the meanings outlined in the My Instructor Terms.

Customers could occasionally be asked to sign certain payment processing contracts with My Instructor Payments. In the event of any inconsistency between these Payment Terms and the terms and conditions included in any applicable payment processing agreement, the latter terms and conditions, unless otherwise provided, shall control.

The My Instructor Privacy Policy explains how we gather and use personal data in connection with your use of and access to the Payment Services.

1. Payment Services Scope and Use

1.1 In conjunction with Stripe and Gusto (only for instructors) payment processing company and via the My Instructor Platform, My Instructor Payments offers Users payment services, such as payment collection, payments, and payouts (“Payment Services”).

1.2 To perform maintenance procedures that guarantee the correct or enhanced operation of the Payment Services, My Instructor Payments may limit the accessibility of the Payment Services, or certain services or features thereof. The Payment Services may occasionally be enhanced, modified, and improved by My Instructor Payments, along with the introduction of new Payment Services.

1.3 Third-party websites or resources (referred to as “Third-Party Services”) may provide connections to or content for the Payment Services. Users should separately evaluate the terms and conditions and privacy policies of such Third-Party Services since they are subject to variations. The material, goods, or services made accessible through such Third-Party Services, as well as their availability or correctness, are not controlled or guaranteed by My Instructor Payments. Links to such Third-Party Services do not constitute an endorsement of those Third-Party Services by My Instructor Payments.

1.4 Except as permitted by United States law, the laws of the country in which you reside, and any other relevant laws, you are not permitted to use the Payment Services. The following countries are specifically prohibited from receiving or sending money through the Payment Services: I any country that the United States has embargoed; and (ii) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You certify and represent that I neither you nor the Instructing services you provide are located in or take place in a nation under U.S. embargo or on a list of nations the U.S. government considers to be “terrorist-supporting nations,” and (ii) you are not on any U.S. government list of prohibited or restricted parties. Along with adhering to the aforementioned, you must also follow any applicable export control rules within the authority of your own country.

1.5 You might need to agree to additional terms and conditions in order to access or use certain Payment Services. Unless otherwise stated, if there is a dispute between these Payments Terms and the terms and conditions that apply to a particular Payment Service, the latter terms and conditions will apply to your use of or access to such Payment Service.

2. Principal Definitions

“Country of Residence” refers to the jurisdiction connected to your My Instructor Account as assessed by My Instructor utilizing a variety of data attributes connected to your My Instructor Account.

“Payout” refers to a payment made by My Instructor Payments to an Instructor for services rendered in conjunction with the My Instructor Platform (such as a Session).

A financial tool, such as a credit card, debit card, or PayPal account, that you have attached to your My Instructor Account is referred to as a “Payment Method.”

A financial instrument that you have added to your My Instructor Account as a “Payout Method” includes PayPal, direct deposit, prepaid cards, debit cards, and direct deposits (where available).

3. Changes to these Payment Terms

In compliance with this clause, My Instructor Payments retains the right to change these Payments Terms at any moment. If we modify these Payments Terms, we will update the “Last Updated” date at the top of these Payments Terms and post the modified Payments Terms on the My Instructor Platform. We will also let you know through email if there are any changes at least ten (10) days before they take effect. You have the right to immediately end this Agreement if you don’t agree with the updated Payments Terms. In the notice email, we will let you know about your right to refuse and your right to cancel this Agreement. Your continuing use of the Payment Services will be construed as acceptance of the updated Payments Terms if you do not end your Agreement before the date the revised Terms take effect.

4. Qualification and user confirmation

4.1 In order to use the Payment Services, you must be at least 18 years old and capable of signing contracts with legal effect. You affirm and declare that you are at least 18 years old by utilizing the Payment Services.

4.2 If you are accepting these Payments Terms on behalf of a business or other legal entity, you represent and warrant that you are authorized to do so. In such case, “you” and “your” refer to the business or other legal organization in question.

4.3 My Instructor Payments reserves the right to impose restrictions or limitations, such as passing a verification procedure or satisfying certain eligibility requirements, on the use of or access to particular sections or features of the Payment Services.

4.4 We reserve the right to conduct whatever investigations we deem necessary to confirm your identification, check it, or stop fraud. To this aim, you give My Instructor Payments permission to check your information against databases or other sources belonging to third parties and to ask service providers for reports. We are required by law in some states and countries to gather identifying data in order to adhere to anti-money laundering laws. This might entail I requesting documents from the government (such as a driver’s license or passport), your date of birth, your address, and other details; (ii) requesting that you take actions to prove that you are the rightful owner of your email address, Payment Methods, or Payout Methods; or (iii) attempting to screen your data against external databases. In the event that we are unable to collect or verify any of this information, My Instructor Payments retains the right to terminate, stop, or restrict access to the Payment Services.

5. Opening an account

5.1 You must have a valid My Instructor Account in order to utilize the Payment Services. You won’t be able to continue using the Payment Services if you or My Instructor decide to close your My Instructor Account for any reason.

6. Payment and payout procedures

6.1 You will be required to give My Instructor Payments or its third-party payment processor your name, billing address, and financial instrument information when you add a Payment Method or Payout Method to your My Instructor Account (s). When adding a Payment Method or Payout Method, you are required to give correct, up-to-date, and comprehensive information, and you are responsible for maintaining the accuracy of your Payment Method and Payout Method at all times. Depending on the specific payout method, other pieces of information may be needed, such as:

Your residence address, name on the account, account type, routing number, account number, email address, payout currency, and account details linked to a certain payment processor are all examples of personal information.

6.2 My Instructor Payments may authorize a small amount to validate a new Payment Method you add or use, or it may engage a third-party payment service provider to authenticate your account. We may additionally I authorize your Payment Method for one or two extra small amounts and request that you confirm these amounts for further verification purposes, or (ii) ask you to provide a billing statement. We may start initiating refunds of these sums from your Payout Method, and we reserve the right to do so. In order to use it for a subsequent purchase, we automatically preserve the Payment Method you add during checkout to your My Instructor Account.

6.3 Take note that third-party payment service providers may be used in conjunction with Payment Methods and Payout Methods. When processing payments and Payouts in conjunction with the Payment Services (including deducting fees from the Payout amount), these service providers may charge you extra costs; My Instructor Payments is not liable for any such fees and expressly disclaims any such obligation. Please examine these terms and conditions before to utilizing your Payment Method or Payout Method since your Payment Method or Payout Method may also be subject to additional terms and restrictions imposed by the relevant third-party payment service provider.

6.4 You give My Instructor Payments permission to keep a record of your payment and payout methods and to use those methods to charge you in accordance with these payment terms. We may obtain your bank’s or our financial services partner’s information in order to update your Payment Method or Payout Method on file in your My Instructor Account if your Payment Method or Payout Method account information changes (such as account number, routing number, expiration date) as a result of re-issuance or for any other reason.

6.5 The truth and correctness of your Payment Method and Payout Method details are your own responsibility. If you supply My Instructor Payments with inaccurate information regarding a Payment Method or Payout Method, My Instructor Payments is not liable for any damage you may incur as a result.

7. Financial and Session Terms

7.1 Learners will use the Messaging System to request sessions with Instructors. Platform fees will apply on top of a session charge. There will be a 3% transaction fee covering payment processing. There will be a 2.00% service fee covering app maintenance and platform support for Learner. Instructor will receive Session requests via the Messaging System and will also show up in the “Received Orders” page of the Session System after being requested for a Session. Through the Sessions System or the Messaging System, the Instructor may accept requests for sessions. The Learner is informed when an Instructor accepts a Session request from them, and the Session is then recorded under the Instructor’s “Received Orders” page.

7.2 When the specified session time arrives, the session will start automatically. Once a session’s projected finish time has passed, learners may also ask for an extension of time. A Instructor may agree or deny a learner’s request for a time increase. After the session has ended, a Learner may rate the Instructor.

8. My Instructor Payments is appointed as a limited payment collection agent.

8.1 Each Instructor collecting a Payout through the My Instructor Platform (such as Sessions or Violation Fees) (“Providing Instructor”) hereby appoints My Instructor Payments as the Providing Instructor’s payment collection agent for the specific objective of accepting money from Learners who are purchasing such services (“Purchasing Learner”).

8.2 Each Providing Instructor acknowledges and agrees that payments made by Purchasing Learners through My Instructor Payments shall be treated as payments made directly to the Providing Instructor and that the Providing Instructor shall provide the purchased services to the Purchasing Learner in the same manner as if the Providing Instructor had received payment from the Purchasing Learner. According to the My Instructor Terms, each Providing Instructor consents to My Instructor Payments’ right to repay the Purchasing Learner. Each Providing Instructor is aware that My Instructor Payments’ commitment to pay them is contingent upon and subject to the successful collection of the corresponding payments from Purchasing Learners. Only those sums that My Instructor Payments has successfully acquired from Purchasing Learners in accordance with these Payments Terms are covered by My Instructor Payments’ guarantee of payments to Providing Instructors. My Instructor Payments does not take responsibility for any actions or inactions of the Providing Instructor in accepting appointment as the restricted payment collecting agent of the Providing Instructor.

8.3 Each Purchasing Learner recognizes and accepts that My Instructor Payments, despite the fact that it is not a party to the contract between you and the Providing Instructor, serves as the latter’s agent for collecting payments from you on his or her behalf. Your obligation to pay the Providing Instructor for the agreed-upon amount ceases once you pay My Instructor Payments, and My Instructor Payments is in charge of sending the money to the Providing Instructor in the way specified in these Payments Terms, which serve as My Instructor Payments’ agreement with the Purchasing Learner. The Providing Instructor will only have recourse against My Instructor Payments and not the Purchasing Learner directly in the event that My Instructor Payments fails to remit any such sums.

9. Basic Financial Concepts

9.1 Fees

For some Payment Services, My Instructor Payments may additionally charge a fee, and any such costs will be made known to users via the My Instructor Platform.

9.2 Authorizations for Payment

In accordance with these Payment Terms or the My Instructor Service Terms of Use, you give My Instructor Payments permission to collect from you any sums owed. You specifically give My Instructor Payments permission to take the following from you:

Any sum owed to My Instructor (for instance, as a result of your Session(s) or other actions as a user of the My Instructor Platform), including compensation for expenses paid by My Instructor on your behalf, may be charged to any Payment Method stored in your My Instructor Account (unless you have previously revoked the right to charge such Payment Method(s)) or withheld from your upcoming Payouts. Any money received by My Instructor Payments will be used to offset any debt you have to the company and discharge it.

9.3 Refunds

My Instructor Payments will start and send any refunds or credits that are owed to a user in accordance with the My Instructor Service Terms of Use.

9.4 Mistakes in Payment Processing

Any payment processing problems that come to our attention will be fixed. In order to ensure that you get or pay the proper amount, these procedures may include crediting or debiting (as applicable) the same Payout Method or Payment Method used for the initial payout to or payment by you. This might be done via My Instructor Payments or an other company, such your bank.

9. Collections

In the event that My Instructor Payments is unable to get payment from you for any sums due under these Payments Terms, My Instructor Payments may take legal action to recover such amounts from you. When the following conditions are met: (a) for authorized charges, ninety (90) days have passed since My Instructor Payments first attempted to charge the User’s Payment Method; or (b) for withholdings from a Instructor’s future Payouts, one hundred and eighty (180) days have passed since the adjustment is made to the Instructor’s account; or (c) the associated services have been provided, whichever is later. Any past-due sums that aren’t collected after one hundred eighty (180) days will be regarded as being in default. You hereby expressly accept that My Instructor and/or My Instructor Payments may contact you via phone or email for any communications pertaining to amounts outstanding. My Instructor, My Instructor Payments, or anyone acting on their behalf, including but not limited to a third-party collection agent, may send such a communication.

10.0 Money

Each transaction will be processed by My Instructor Payments in US dollars.

11. Unoccupied Funds

We may process the funds owed to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law, if we are unable to initiate a Payout, issue a refund, or pay other funds due to you for the relevant period of time specified by New York law in its unclaimed property laws.

12. Prohibited Conduct

When using the Payment Services, you are solely responsible for adhering to any and all applicable laws, rules, regulations, and tax responsibilities. You agree not to, and are prohibited from, doing any of the following in connection with your use of the Payment Services:

• break or avoid any provisions of the My Instructor Service Terms of Use, Privacy Policy, Community Guidelines, or Non-Discrimination Policy, agreements with third parties, third-party rights, or relevant laws or regulations.

• use the payment services for any business or other activities that these payment terms do not specifically allowed;

• Use any Payment Method or Payout Method that is not yours or that you are not authorized to use by registering it or using it with your My Instructor Account;

• Avoid, bypass, delete, disable, impede, scramble, or otherwise work around any technological safeguards put in place to protect the Payment Services by My Instructor Payments, any of its partners, or any other third party;

• take any action that harms or has the potential to harm or have a negative impact on the functionality or operation of the Payment Services;

• try to reverse engineer, decode, decompile, or otherwise modify any of the software utilized to deliver the Payment Services; or

• violate, infringe, or otherwise damage any other person’s rights.

13. Notices of Intellectual Property Ownership and Rights

13.1 Copyright, trademark, and other laws of the United States and other nations protect the Payment Services. You recognize and agree that My Instructor, My Instructor Payments, and its licensors are the only owners of the Payment Services and all related intellectual property rights. Any copyright, trademark, service mark, or other property rights notices included in or accompanying the Payment Services may not be removed, altered, or obscured by you. All My Instructor or My Instructor Payments trademarks or registered trademarks used on or in conjunction with the Payment Services are trademarks or service marks of My Instructor or My Instructor Payments in the United States and other countries. The use of any third-party trademarks, service marks, logos, trade names, or other proprietary designations on or in conjunction with the Payment Services is only for identification reasons and may be protected property of the respective owners of those marks.

13.2 Except as expressly provided in these Payments Terms, you will not use, copy, adapt, modify, create derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services. Except for the licenses and rights specifically given in these Payments Terms, no licenses or rights under any intellectual property rights owned or controlled by My Instructor, My Instructor Payments, or its licensors are impliedly or otherwise granted to you.

14. Disclaimers

14.1 Using the Payment Services is entirely voluntary and at your own risk. The Payment Services are provided “as is” and without any explicit or implied warranties to the fullest degree permissible by law.

14.2 My Instructor Payments expressly disclaims all responsibility for any act or omission of any User or other third party, notwithstanding its appointment as the limited payment collection agent of Providing Instructors for the purposes of receiving payments from Purchasing Learners through the My Instructor Platform. Except as clearly provided in these Payments Terms, My Instructor Payments has no responsibilities or obligations as the agent for each Providing Instructor. To the fullest extent permissible by relevant law, any extra duties or obligations that may be assumed by law are hereby expressly rejected.

14.3 To the extent permissible by applicable law, if we decide to undertake identity verification on any User, we disclaim all explicit or implied assurances that such checks would reveal any past misbehavior by a User or assure that a User won’t commit misconduct going forward.

14.4 To the fullest extent permissible by law, the aforementioned disclaimers are applicable. The length of any legally mandated warranties, however, shall be restricted to the greatest extent (if any) permitted by law.

15. Obligation

To the fullest extent permitted by law, you acknowledge and agree that the entire risk associated with your access to and use of the Payment Services remains with you. You are accountable for the acts committed by anybody you let or allow to use your My Instructor Account in any way. Any incidental, special, exemplary, or consequential damages, including lost profits, lost data or goodwill, service interruption, computer damage or system failure, or the cost of substitute goods or services, as well as any damages for personal injury or bodily harm or emotional distress arising out of or in connection with I thes In no case will My Instructor Payments’ total liability arising out of or connected with these Payments Terms and your use of the Payment Services, including, but not limited to, from your use of or inability to use the Payment Services, exceed the sums you have paid or owe for Sessions via the My Instructor Platform as a Learner in the twelve (12) month period. The above-mentioned damage limitations are crucial components of the agreement between My Instructor Payments and you. The following restriction may not apply to you because some countries do not permit the exclusion or limitation of responsibility for consequential or incidental damages. The fact that you live outside of the United States has no bearing on My Instructor Payments’ responsibility for negligence-related death or bodily injury, for fraudulent misrepresentation, for misrepresentation as to a material fact, or for any other liability that cannot be excluded or restricted by law.

16. Compensation

You agree to hold My Instructor Payments, its affiliates, subsidiaries, and their officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to I your violation of these Payments Terms; (ii) your improper use of the Payment Service. My Instructor Payments reserves the right to assume the exclusive defense and control of any matter.

17. Measures for Termination, Suspension, and Other Measures

17.1 By sending us an email or by following the steps outlined in the My Instructor Service Terms of Use, you can discontinue this agreement at any time. The cancellation of your My Instructor Account in accordance with the My Instructor Terms will also be notified upon termination of this Agreement. If you decide to discontinue your My Instructor account as a Instructor, My Instructor Payments will provide any learners who have scheduled sessions a complete refund (s). In accordance with the Instructor’s cancellation policy, My Instructor Payments will not initiate a refund if you terminate your My Instructor Account as a Learner.

17.2 Without limiting the rights set out below, My Instructor Payments may end this Agreement at any time by sending a notice to your registered email address that is thirty (30) days in length.

17.3 If you materially breach any of your obligations under this Agreement, provide false, misleading, outdated, or incomplete information, violate any laws or regulations that may be in force, or if My Instructor Payments determines, in its sole discretion, that taking such action is reasonably necessary to protect other Users, My Instructor, My Instructor Payments, or third parties, My Instructor Payments may immediately and without notice terminate this Agreement (for example in the case of fraudulent behavior of a User).

17.4 In addition, My Instructor Payments may restrict or temporarily or permanently suspend your use of or access to the Payment Services I in order to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have violated these Payments Terms or the My Instructor Terms, (iii) if you have provided inaccurate, fraudulent, out-of-date, or incomplete information, or (iv) if you have violated

17.5 In the event of a non-material violation and as necessary, My Instructor Payments will provide you notice of any action taken and a chance to make amends to My Instructor Payments’ reasonable satisfaction.

17.6 If you are a Instructor and we take any of the actions outlined in this Section, we may repay all Learners for confirmed Sessions in full, regardless of any prior cancellation procedures, and you will not be entitled to any reimbursement for any pending or confirmed Sessions that were cancelled.

17.7 You are not permitted to create a new My Instructor Account or attempt to access and use the Payment Services through another User’s My Instructor Account if your access to or usage of the Payment Services has been restricted or this Agreement has been terminated by us.

17.8 The provisions of these Payments Terms that ordinarily ought to survive termination of these Payments Terms shall continue to apply whether you or us terminate this Agreement.

18. Relevant legal system and jurisdiction

If you are entering into a contract with My Instructor Payments US, these Payments Terms shall be read in accordance with New York and American law, without regard to any conflict-of-law rules. Unless we both agree to a different venue, any judicial procedures (other than small claims cases) that are not subject to the arbitration agreement in Section 19 must be brought in state or federal court in New York. You and I agree that New York will serve as the venue and the personal jurisdiction.

19. Arbitration and Dispute Resolution Agreement

19.1 If you I enter into a contract with My Instructor Payments US or (ii) file a claim against any My Instructor Payments firm in the United States, this Dispute Resolution and Arbitration Agreement will be in effect.

19.2 Process Overview for Dispute Resolution. My Instructor Payments is dedicated to taking part in a procedure for resolving disputes that is fair to consumers. To that end, these Payments Terms establish a two-step procedure for those to whom Section 19.1 applies: (1) a non-binding negotiation conducted directly with My Instructor’s customer service team, and (2) binding arbitration conducted by the American Arbitration Association (“AAA”) in accordance with its specifically created Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). The Consumer Arbitration Rules specifically state:

19.3 Dispute Resolution and Notification Prior to Arbitration. You and My Instructor Payments agree to notify the other party of the dispute and make good faith efforts to resolve it informally before bringing the matter to arbitration. You can email the My Instructor customer care staff; we will get in touch with you at the email address you gave us. The party intending to pursue arbitration agrees to notify the other party via email before commencing the arbitration if, after a good faith effort to negotiate, it feels the dispute has not and cannot be resolved amicably. The AAA Rules provide that in order to begin arbitration, a claim must be submitted to the AAA and the written Demand for Arbitration (found at www.adr.org) must be given to the other party.

19.4 Arbitration Agreement. In accordance with an understanding between you and My Instructor Payments, any controversy, claim, or dispute arising out of or connected with these Payments Terms, their breach, termination, enforcement, or interpretation, or the use of the Payment Services (collectively, “Disputes”) shall be resolved through binding arbitration (the “Arbitration Agreement”). You and My Instructor Payments agree that the arbitrator shall have the exclusive authority to determine whether this Arbitration Agreement may be enforced or applicable to our Dispute.

19.5 Arbitration Agreement Exclusions. Each of you and My Instructor Payments acknowledges that the following claims are exempt from the arbitration agreement and will instead be filed in a court with appropriate jurisdiction: Any claim for emergency injunctive relief based on exigent circumstances; I Any claim relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

19.6 Arbitration Procedure and Applicable Law. The Federal Arbitration Act will be applied to this provision’s interpretation and enforcement since this Arbitration Agreement constitutes proof of an interstate business transaction. Except as modified here, the arbitration will be conducted by the AAA in accordance with the Consumer Arbitration Rules and/or any other AAA arbitration rules that the AAA deems applicable (the “AAA Rules”). The AAA Rules can be obtained by visiting www.adr.org or by calling 1-800-778-7879.

19.7 Modification to AAA Rules: Location and Time of Arbitration Hearing. My Instructor Payments agrees that any necessary arbitration hearing may be held, at your choice of the following locations: (a) in New York; (b) in any other location to which you and My Instructor Payments both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by the sole submission of documents to the arbitrator.

19.8 Changes to AAA Rules Regarding Costs and Attorney Fees. You and My Instructor Payments concur that for claims of $75,000 or less, My Instructor Payments shall pay the remaining amount of any first filing fee under the AAA Rules that exceeds $200. To the extent permitted by relevant law and the AAA rules, you may be eligible to request an award of legal fees and costs if you win the arbitration. My Instructor Payments acknowledges it will not seek, and thus waives any rights it may have under applicable law or the AAA rules, to collect lawyers’ fees and expenses if it wins the arbitration, unless the arbitrator finds that your claim was frivolous or submitted with the intent to harass.

19.9 Decision of the arbitrator. The key findings and conclusions on which the arbitrator based the award will be included in the arbitrator’s ruling. Any court with the necessary jurisdiction may issue judgment based on the arbitral ruling. Only on an individual basis and only to the degree required to give relief justified by the claimant’s particular claim, the arbitrator may provide declaratory or injunctive relief.

19.10 Waiver of Jury Trial. Regarding any arbitrable Disputes, You and My Instructor Payments acknowledge and concur that we are each relinquishing the right to a jury trial.

19.11 No representative or class actions are permitted. The right to take part as a plaintiff or class member in any alleged class action lawsuit, class-wide arbitration, private attorney general action, or other representative proceeding with regard to all Disputes is being waived by both you and My Instructor Payments, and this is acknowledged and agreed upon by both parties. Unless both you and My Instructor Payments agree differently in writing, the arbitrator is also prohibited from combining the claims of more than one party and from presiding over any kind of class or representative action. The whole Arbitration Agreement shall be declared void with regard to any Dispute for which this paragraph is judged to be unenforceable.

Severability (19.12). Unless otherwise specified in Section 19.11, any term of this arbitration agreement that is found to be invalid or unenforceable shall be severed, and the other provisions of the arbitration agreement shall continue in full force and effect.

19.13 Alterations Despite the terms of Section 3 (“Modification of these Payments Terms”), in the event that My Instructor Payments modifies this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent modifications to these Payments Terms), you may reject any such modification by sending us written notice (including by email) within thirty (30) days of the date such modification became effective, as specified in the “Last Upda” You acknowledge that, as of the date you last accepted these Payments Terms, you will arbitrate any Dispute between you and My Instructor Payments in accordance with the terms of the “Dispute Resolution” section if you reject any change (or accepted any subsequent changes to these Payments Terms).

19.14 Living. This Section 19 will be true even if you cease using the Payment Services or close your My Instructor Account, with the exception of what is stated in Section 19.12 and subject to Section 17.8. These Payments Terms may be terminated at any time.

20. General Terms

20.1 These Payments Terms, which supersede any and all prior oral or written understandings or agreements between My Instructor Payments and you regarding the Payment Services, constitute the entire Agreement between My Instructor Payments and you regarding the subject matter hereof, unless they are supplemented by additional terms and conditions, policies, guidelines, or standards.

20.2 This Agreement and your use of the Payment Services do not create a joint venture, partnership, employment, or agency relationship between you and My Instructor Payments.

20.3 If any part of these Payments Terms is determined to be invalid or unenforceable, that part will be removed; the remaining parts will still be legal and enforceable.

20.4 Unless recognized and agreed to in writing by My Instructor Payments, our omission to enforce any right or provision in these Payments Terms shall not be deemed a waiver of such right or provision. Except as specifically stated in these Payments Terms, the exercise of any remedy by any party hereunder shall be without prejudice to such party’s other remedies hereunder or otherwise available at law.

20.5 Without My Instructor Payments’ prior written agreement, you are not permitted to assign, transfer, or delegate this Agreement or your rights or responsibilities hereunder. Without any limitations, My Instructor Payments may, in its sole discretion, assign, transfer, or delegate this Agreement and any rights and responsibilities. This Agreement’s termination by you at any time will not be impacted.

20.6 No rights or remedies are granted to anybody else by this Agreement, and they are not intended to. Although the payment card networks are third-party beneficiaries of this Agreement for the purpose of enforcing payment-related clauses, the parties acknowledge that their consent or agreement is not required for any amendments or modifications to this Agreement.

20.7 Unless otherwise stated, My Instructor Payments will provide any notifications or other communications that are authorized or required by this Agreement in writing through email, My Instructor Platform notification, or messaging service. For notices sent to Users, the date that My Instructor sends the notice shall be regarded as the date of receipt.