The new Cambly Terms and Conditions…. What you NEED to know.
Cambly has updated their terms and conditions after nearly three years, while most people won’t bother reading it and will just agree to it, (don’t we all!) here are some things you may need to know. I would however, recommend that you read the full document at Cambly.
Please make sure you read both the Terms and the Tutor Addendum, because your use of the Cambly platform as a tutor means you have agreed to them.
- Eligibility
- NEW: Students must be at least 18 years old to use the Cambly Site. Students under the age of 18 may use the Cambly Kids Site, but only if their parent or legal guardian has provided Cambly verifiable consent and agreed to this Agreement. If you are a Student, you represent that your use of the Platform complies with these age restrictions.
- OLD: If you are a Student, you represent that you are over the age of thirteen (13) years old in the United States or sixteen (16) years old in all other jurisdictions (the “Minimum Age”). If you are a Student over the Minimum Age, but under the legal age of majority, you may not use the Platform unless your parent or legal guardian has provided Cambly verifiable consent and agreed to this Agreement.
Note: This doesn’t say under 18s HAVE to use Cambly Kids, it says they “May use the Cambly Kids site”
- NEW: If you are a Tutor or prospective Tutor, you represent that you are over the age of 18. Cambly may issue other tutor eligibility requirements from time to time, and the requirements may vary depending on the applicable Tutoring Service. Cambly reserves the right to assess and reassess your eligibility at any time at its sole discretion, and may request information from you at any time to make such determinations.
- OLD: If you are a Tutor, you represent that you are over the age of 18.
Quite a difference here. Originally you had to be over 18. Now, Cambly can assess and reassess you at any time at their discretion and can ask you to provide information to help with said assessment.
Section 5: Accounts
- NEW: If you create an account on the Platform, you agree that the information you provide, at all times, will be true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Cambly. You may be liable for the losses incurred by Cambly or others due to any unauthorized use of your account.
Except as provided herein, your account may only be used by you.
- OLD: There’s no huge difference here, Cambly has tidied things up and made this easier to read.
Section 9. User Content.
- By posting User Content on or through the Platform, you grant Cambly a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such User Content in any format or medium now known or developed in the future for Cambly’s business purposes or as required by law or legal process.
If you’ve got some lessons that you’ve worked on and decide to show them to a student with a link “through the platform”, this makes it seem that Cambly owns it and can do what they want with it.
Tutor Addendum. (A separate article)
Promotional Materials
- You grant Cambly the right and permission to use in perpetuity, your name, likeness, image, voice, recorded voice, appearance, recorded appearance (including through video or photography), biographical information, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the Cambly’s products and services, without review, permission or compensation of any amount or kind whatsoever. Cambly will have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring your Appearance (“Promotional Materials”), including copyright interests, and you acknowledge you have no interest or ownership in the Promotional Materials (or any portion thereof) or its copyright. This grant includes without limitation the right for Cambly to edit, abridge, augment, title, or create a compilation from your Appearance in whole or part as Cambly may elect in its sole discretion. You agree that no additional consideration beyond what is provided in this Tutor Addendum is necessary for the rights granted under this section.
Basically, Cambly can use and own your image, recorded image and voice for any purpose they see fit, and are not obliged to give you any compensation.
So, just a few quick snippets from the Terms. As a tutor you HAVE to agree to it to work on the platform, so please make sure you read it. The link is at the top of the page if you need it.
Until next time. Alice.