Terms of Service

Terms of Service

Article 1 (Purpose)

These Terms of Service ("Terms") govern the conditions and procedures for the use of services provided by Danstruct Co., Ltd. ("Company"), which operates the Motion Data Store ("Store"), and stipulate the rights, obligations, and responsibilities of the Company and users.

Article 2 (Definitions)

1. "Service" refers to all motion data-related content and platforms provided by the Company.
2. "User" refers to anyone who uses the services provided by the Company in accordance with these Terms; the "Member" in the Credit Terms of Use and the "user" in the Data Terms of Use mean the User.
3. "Content" refers to all motion data files provided through the Store.

Article 3 (Formation of the Use Agreement)

1. The use agreement is formed when the User agrees to these Terms and applies for the use of the Service, and the Company accepts this application.
2. The Company may approve the User's application and will handle it without delay unless there are special reasons.

Article 4 (Account Creation and Management)

1. Users must provide accurate information to create an account and are responsible for maintaining the security of their account information.
2. Users must not use another person's account without permission.
3. The Company may suspend or permanently terminate an account if the User violates these Terms or engages in fraudulent activities.
4. The account type of a User is classified as general or enterprise, and the criteria and scope of application are set out in the Data Terms of Use. The Company applies the enterprise type in accordance with the criteria set out in the Data Terms of Use.

Article 5 (Provision and Change of Service)

1. The Company provides the following services to Users:

• Downloading motion data
• Searching and managing data
• Customer support services
• Creating motions from videos or text (Motion Agent)
• Charging credits and subscription services

2. The Company may change all or part of the services provided for operational or technical needs and will announce the changes and the date they will take effect in advance.

Article 5-2 (Motion Generation and Uploaded Videos)

1. Users may create motions with "Generate motion from video" in Motion Agent by uploading a video file or entering a video address (URL). A video file uploaded by a User, and a video the Company retrieves from an address entered by a User, are each referred to as an "Uploaded Video".
2. The Company uses Uploaded Videos to create the motion the User requests and to show the result to the User.
3. The Company deletes an Uploaded Video, and any copies made from it during processing (a trimmed clip, a reduced-size clip for on-screen display, and a preview video showing whether the person was tracked correctly), from its servers within 3 days after the motion is completed or the creation fails. A video uploaded only to display the screen for choosing a person is deleted as soon as that screen has been created.
4. Company staff do not view Uploaded Videos. However, staff may view an Uploaded Video to the extent necessary where the User asks the Company to check it in an inquiry or consents, or where required by law.
5. If a motion is completed while the Motion Agent screen is open, it is saved automatically to the User's storage (Generated Motions). If the window is closed before completion, the motion may not be saved. The storage has a capacity limit set by the Company, and new motions are not saved once the limit is reached.
6. The Company keeps motions in the storage until the User deletes them.
7. The generation list on the Motion Agent screen is a record kept only in the User's browser and disappears when the window (tab) is closed. Results on the server are deleted after a certain period, so they may no longer be downloadable from the list. Please download your motions from the storage.
8. Users may use motions created with Motion Agent for any purpose, including commercial purposes. However, Users may not sell or distribute the created motion files themselves (such as BVH or FBX) to others; works made by applying the motions, such as videos or games, may be sold or distributed.
9. Users must obtain on their own any consent and permission required for the rights of others in an Uploaded Video, such as the portrait rights of the people appearing in it and choreography. The Company is not liable for any dispute arising from a failure to obtain them.
10. Motions created with Motion Agent are not Content under Article 2 or data under the Data Terms of Use, and the scope of their use is set out solely in this article.

Article 6 (Payment, Withdrawal of Purchase and Refunds)

1. All payments are made through the payment methods provided by the Company.
2. A user may withdraw the purchase and obtain a refund within seven days from the date of payment. Where the date on which the user receives the written contract terms, or the date on which supply of the content begins, is later than the date of payment, the seven-day period runs from that later date; where statute provides a longer period, that period applies. However, where the user has begun downloading purchased content, provision of that content is deemed to have commenced and withdrawal is restricted under Article 17(2)5 of the Act on Consumer Protection in Electronic Commerce. Where a single order contains several items of content, or a single product consists of several items of content, withdrawal remains available for content whose download has not begun.
3. So that the restriction in the proviso to paragraph 2 applies, the Company provides a preview on each product page and clearly indicates on the download screen that withdrawal is restricted once a download begins. If the Company does not take these measures, withdrawal is not restricted.
4. Where content differs from its display or advertisement, or is performed differently from the contract, the user may withdraw within three months from the date the content was supplied, or within thirty days from the date the user became aware or could have become aware of that fact. In that case a refund is available regardless of whether the content was downloaded.
5. The Company refunds the amount paid through the means used for payment within three business days from the date of withdrawal, and pays delay compensation at the rate prescribed by law where the refund is delayed. The Company does not claim any penalty or damages by reason of withdrawal.
6. The calculation of refunds for credit charges and subscription fees is set out in the Credit Terms of Use. However, paragraphs 2 and 5 apply, only to a withdrawal made within the withdrawal period, to the withdrawal of credit charges and of subscription payments, and in that case the Company does not claim any penalty or damages by reason of withdrawal. Withdrawal and refund for content paid for with Credits follow paragraphs 2 to 5, and in that case the Company returns the Credits used for the payment. In the case of credit charges and subscription payments, "where the user has begun downloading" in the proviso to paragraph 2 means the portion of the Credits granted that has been used.
7. The download validity period for the Service is 100 years from the date of payment completion. If the content is not downloaded within that period, the download right lapses automatically and repurchase is required. Content whose download is completed within the validity period may be used without any time limit.
8. Displayed prices include, or separately indicate, value-added tax and other applicable taxes, and the applicable rate is determined by the billing country at the time of payment. The Company displays the final payment amount so that the user can confirm it before paying.
9. A user may apply to change content purchased under a Standard licence to the Commercial licence for the same content. In that case the user pays the difference, and the calculation of the difference is set out in the Credit Terms of Use. The scope of the Commercial licence applies to that content from the time payment is completed. A change from a Commercial licence to a Standard licence is not supported. Where the price of that content at the time of the application for the change is not displayed, the change cannot be applied for.
10. The Company provides the subscription service as personal subscription plans; the types of plan and their fees, the payment cycle, the quantity and validity period of the credits granted, and changes to and cancellation of a plan are set out in the Credit Terms of Use. Specific quantities and amounts are displayed on the subscription payment screen. Subscription plans for corporate customers are not offered on the subscription payment screen; a customer who meets the criteria set out in the Credit Terms of Use is given guidance on contacting customer support.

Article 7 (License and Use Restrictions)

1. The Company grants Users a non-exclusive, non-transferable, non-sublicensable license to use the Content.
2. The licence for Content is classified as Standard or Commercial, and a general user chooses one of them when purchasing Content. The scope of the licence and the restrictions on use of the Content are set out in the Data Terms of Use. Copying, modification, redistribution and resale that the Data Terms of Use do not permit may not be carried out.
3. All copyrights and intellectual property rights in the Content belong to the Company or the respective licensors.
4. The Company distributes a portion of sales revenue to the original copyright holders in accordance with internal regulations or the operating principles of copyright associations.
5. Where these Terms and the Credit Terms of Use or the Data Terms of Use differ, they apply in the following order of priority: the individual agreement (order form or supplementary agreement), the Data Terms of Use and the Credit Terms of Use (each in respect of the matters it governs), and these Terms. However, in transactions with consumers they apply in priority only to the extent that they do not conflict with the consumer protection standards laid down by applicable law.

Article 8 (Service Suspension and Termination, and Amendment of these Terms)

1. The Company may temporarily suspend all or part of the Service in the following cases:

• Maintenance of service
• Emergency situations
• Legal requirements

2. The Company will notify Users in advance of the reasons for and duration of any service suspension.

3. The Company may amend these Terms, and the amendment procedure and notice follow the same criteria as those set out in the Credit Terms of Use.

4. Users may withdraw from membership at any time, and the treatment of Credits on withdrawal is set out in the Credit Terms of Use.

5. Where the Company terminates the Service, it gives notice 30 days in advance and enables Users to download the Content they have purchased until the date of termination.

Article 9 (Limitation of Liability)

1. The Company displays information on the specifications and quality of the Content (file format, previews and the like) on the product page. The Company is responsible for what it displays on the product page, and does not warrant accuracy, completeness or compatibility with any particular environment beyond what is so displayed.
2. To the extent permitted by law, the Company is not liable for indirect, incidental, special or consequential damages. Damages caused by the Company's intent or gross negligence, and liability that cannot be excluded or limited under applicable law, are not excluded or limited by this article.
3. The user is responsible for damages, and for disputes with third parties, arising from use of the Content in breach of these Terms or the Data Terms of Use. Even in such cases, the Company remains responsible for any part attributable to its own intent or negligence.

Article 10 (Dispute Resolution)

1. These Terms are governed by the laws of the Republic of Korea.
2. Any action concerning a dispute arising from or related to these Terms is brought before the court having jurisdiction under the Civil Procedure Act.

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DMCA Policy

Article 11 (Copyright Infringement Notification)

If a user claims copyright infringement, they can notify the Company's DMCA Agent with the following information:

1. Signature of the copyright owner or authorized agent
2. Identification of the copyrighted work claimed to be infringed
3. Description of the infringing material and its location
4. Contact information of the notifier
5. Statement of good faith belief
6. Statement of the accuracy of the information

Article 12 (DMCA Agent Contact Information)

• Name: Yoon Hye-rin (CEO)
• Address: 5F, #501, New Contents Business Support Center, 217 Yeoksam-ro, Gangnam-gu, Seoul (Yeoksam-dong)
• Email: xstage@danstruct.co
• Phone Number: +82-10-3426-0170

Article 13 (Counter-Notification)

If a user believes their material was removed by mistake, they may file a counter-notification with the following information:

1. Signature of the user
2. Identification of the removed material and its location
3. Statement of good faith belief
4. Contact information of the user

Article 14 (Repeat Infringers)

The Company reserves the right to terminate accounts of repeat infringers in accordance with the DMCA.