XStage Credit Terms of Use
1) Purpose and Definitions
These Terms set out the matters necessary for members to charge, use, and obtain refunds of XStage Credits. Credits are a prepaid means of payment used to purchase digital motion content provided by XStage and to pay usage fees for motion generation. Credits may be used only within the XStage service, are not cash, and do not bear interest.
2) Types of Credits
Credits are divided into Paid Credits, which a member acquires in return for payment, and Free Credits, which are granted without charge. Paid Credits comprise Charged Credits, which a member charges by making a payment directly, and Subscription Base Credits, which are granted in the quantity set for each plan. Free Credits comprise Subscription Extra Credits, which are granted through the subscription discount in addition to the Subscription Base Credits, and Bonus Credits, granted through charge bonuses, events and the like. Subscription Base Credits and Subscription Extra Credits (together, "Subscription Credits") are managed in a ledger separate from Charged Credits and are displayed separately on screen. Details are set out in Section 3. When a member pays, Free Credits are deducted first and Paid Credits are deducted for any remaining amount. Among Free Credits, Bonus Credits are deducted before Subscription Extra Credits; among Paid Credits, and no fixed order applies between the Paid Credits, being Subscription Base Credits and Charged Credits. Within the same stage, Credits whose validity period ends earlier are deducted first, and Credits that have no validity period are deducted last. Members may not select which credits are deducted.
3) Subscription and Subscription Credits
Subscription Credits are granted to subscribing members once for each billing cycle for which the fee has been paid. A subscription renews automatically, with the same fee being charged for each billing cycle. A member may cancel at any time on the subscription management screen within the Service. Where a member cancels the subscription, the payment and the grant of Credits for the next cycle stop. If a recurring payment fails, the Company notifies the member and does not grant the Credits for the next cycle until the payment is made. The quantities of Subscription Base Credits and Subscription Extra Credits are set for each plan, and the quantities for each plan are displayed on the subscription payment screen. Subscription Base Credits are valid until five years from the member's most recent login to the Service and are not extinguished when a billing cycle ends or when the subscription is cancelled. If the member logs in again within that period, the validity period runs afresh for five years from that login. The validity period of Subscription Extra Credits runs from the date of grant to the end of the billing cycle concerned; any remaining quantity is extinguished when the cycle ends and does not carry over to the next cycle. Even where the member re-subscribes after cancelling, or where a new billing cycle begins as a result of a plan change, Subscription Credits are not granted again without a new payment of the fee. Changes of subscription plan are governed by Section 20. The order in which Credits are deducted when purchasing products follows Section 2. Regardless of subscription status, the scope of data use is determined by the license (Standard or Commercial) selected when purchasing the content, as set out in the Data Terms of Use. Up to the quantity set for each plan, members may download motions meeting the criteria set by the Company without deduction of credits (a "free-use purchase ticket"). A free-use purchase ticket may be used for content in a category other than Dance, with the Standard license for content priced at 400 Credits or less and with the Commercial license for content priced at 1,200 Credits or less. The price here means the price after the multiplier for the license is applied. A free-use purchase ticket may be used until the end date of the billing cycle concerned. Even after the subscription ends, the licenses for content purchased during the subscription period remain in effect in accordance with the Data Terms of Use. A member may request a refund of unused Subscription Credits through customer support; the requirements for and calculation of such refunds are set out in Section 9.
4) Charging Credits
Members may charge Credits using the payment methods designated by the Company. The minimum amount that may be charged in a single transaction is KRW 2,000, and the Company may set charging limits to prevent fraudulent transactions and for similar purposes. Where a minor charges Credits, the consent of a legal representative is required.
5) Use of Credits
Credits may be used to purchase digital motion content within XStage and to pay usage fees for motion generation, and the credit price of each item of content is displayed when the content is selected for use. Where content paid for with Credits is withdrawn or refunded in accordance with Article 6 of the Terms of Service, the Company returns the Credits used for the payment. Charged Credits and Subscription Base Credits are restored in full as the same kind and with the same validity period as at the time of deduction. Subscription Extra Credits and Bonus Credits are restored as the same kind and with the same validity period as at the time of deduction where their validity period remains, and are not restored where their validity period has already passed. That validity period is the period determined and notified when the Credits were granted, and is not brought forward by reason of a withdrawal. Where a member wishes to use content purchased under a Standard license under a Commercial license, the member may convert the license by paying the difference between the Commercial license price of that content displayed at the time the conversion is requested and the Credits paid at the time of purchase. Where the difference is zero or less, no additional Credits are payable by the member, and the Company does not pay that difference to the member. The scope of use of a converted license is set out in the Data Terms of Use. Withdrawal of a license conversion is made by conversion order. Where a conversion order is cancelled, the difference in Credits paid at the time of conversion is restored and the license for that content reverts to Standard. While a conversion remains in effect, the original purchase is not cancelled separately. Where a member who wishes to cancel the original purchase as well and receive a full refund makes a request to customer support, the Company guides the member through the cancellation procedure for the conversion order and the original purchase order and, following the member's cancellation request, refunds both the Credits used for the conversion and the price paid for the original purchase. Where motion generation fails for reasons attributable to the Company, the Credits deducted are restored as the same kind.
6) Validity Period and Expiry
Subscription Base Credits are valid until five years from the member's most recent login to the Service and are not extinguished when a billing cycle ends or when the subscription is cancelled. If the member logs in again within that period, the validity period runs afresh for five years from that login. Subscription Extra Credits are extinguished at the end of each billing cycle and do not carry over to the next cycle. The treatment of Subscription Credits upon a change of subscription plan (an upgrade) is governed by Section 20. Bonus Credits granted as a charge bonus are valid until one year from the date of grant. Bonus Credits granted through an event, promotion or the like are valid until the period notified at the time of grant; where no period has been notified, they are valid until one year from the date of grant. In either case, the Company indicates at the time of grant that the Credits are provided free of charge, together with their validity period. As Subscription Extra Credits and Bonus Credits are goods granted free of charge, no compensation is provided for unused amounts that expire, and they are not subject to refund or return of balance. The Company may give notice of the expected expiry of Bonus Credits and the quantity concerned by email or in-service notification. When Credits are used, Free Credits are deducted first (Bonus Credits, then Subscription Extra Credits), and Paid Credits (Subscription Base Credits and Charged Credits) are deducted thereafter. Within the same stage, Credits whose validity period ends earlier are deducted first, and Credits that have no validity period are deducted last. Accordingly, while a member holds Bonus Credits, Subscription Extra Credits may remain unused and expire at the end of the billing cycle. If the Company changes the validity period policy for Bonus Credits to the disadvantage of members, it gives notice 30 days in advance, and the change does not apply to Credits already granted. No separate validity period applies to Charged Credits that a member has charged in return for payment.
7) Withdrawal of Purchase
A member may withdraw the purchase of Credits and request a refund within seven days from the date of charging. Withdrawal is restricted for any portion already used to purchase content where provision of that content has commenced. In order for this restriction to apply, the Company provides a preview on each product page and clearly indicates on the download screen that withdrawal is restricted. If the Company fails to take such measures, withdrawal is not restricted. Withdrawal is not restricted for the remaining credit balance for which provision has not commenced. Where a purchase is withdrawn or a refund is made, the licence granted for the content concerned ceases, the member may no longer use the downloaded file, and any copies held must be destroyed.
8) Refund of Charged Credits
Unused Charged Credits may be refunded. Subscription Extra Credits and Bonus Credits granted free of charge are not subject to refund. Refunds of Subscription Base Credits are governed by Section 9. Where a member has used Bonus Credits granted together with the relevant charge, the amount corresponding to the Bonus Credits used is deducted from the refund. The refund amount is calculated as (the unused portion of Charged Credits less the quantity of bonus granted with that charge which has been used) multiplied by the unit price at the time of charging. Once a refund is made, any remaining Bonus Credits granted in connection with that charge are forfeited. No fee is deducted from a refund. This applies equally where time has passed since the date of charging and where part of the Credits has been used. A member may request withdrawal of purchase and a refund on the Credit Usage History screen within the service for a charge whose Charged Credits have not been used at all, and through customer support for a charge whose Charged Credits have been partially used. The Company provides a request method that is no more complex than the purchase process, and acknowledges receipt without delay.
Example - If a member who charged KRW 10,000 and received 1,000 Charged Credits and 60 bonus Credits uses all 1,060 and then requests a refund, no refund is payable. If the member used only the 60 bonus Credits and none of the charged portion, KRW 9,400, corresponding to 940 Credits (1,000 less 60), is refunded.
9) Refund of Subscription Credits
A member may request a refund of unused Subscription Credits (calculated in accordance with the formula below) when cancelling the subscription, and may also do so after cancelling the subscription or withdrawing from the service, as long as the Subscription Base Credits remain within their validity period. The refund amount is calculated for each billing cycle as follows and then totalled. Refund amount = the amount paid for that billing cycle x (the Subscription Credits granted for that cycle - the quantity used out of the Subscription Credits granted for that cycle - the credit price of content downloaded using the free-use purchase tickets granted for that cycle) / the Subscription Credits granted for that cycle. The credit price of content downloaded using a free-use purchase ticket is the price for the licence selected at the time of download. Refunds are made in the currency in which the member paid. The Company provides a request method that is no more complex than the purchase process, and acknowledges receipt without delay. The Company refunds the amount without delay after receiving the refund request, using the payment method used for the original payment. Where a refund by the same method is not possible, the Company immediately notifies the member and refunds by the method chosen by the member. Once a refund is made, all unused Subscription Credits and unused free-use purchase tickets granted for the billing cycle concerned are extinguished, and the extinguished amount does not affect the calculation of the refund. Depending on the processing schedule of the payment service provider, the time at which the refund is reflected in the member's account or card may take additional time apart from the Company's processing of the refund. Settlement in connection with a plan change is governed separately by Section 20.
Example - A member who pays KRW 113,400 for a monthly plan and receives 16,200 Subscription Credits (11,340 Subscription Base Credits and 4,860 Subscription Extra Credits) and ten free-use purchase tickets uses 5,400 Subscription Credits and receives two items of content priced at 400 Credits each (800 Credits in total) using free-use purchase tickets, then cancels the subscription and requests a refund. The refund is KRW 113,400 x (16,200 - 5,400 - 800) / 16,200 = KRW 70,000. If the same member requests a refund without using any Subscription Credits or free-use purchase tickets, the full KRW 113,400 is refunded. Once the refund is made, the remaining 10,800 Subscription Credits are all extinguished. If the member cancels without requesting a refund, the remaining Subscription Base Credits may be used until five years from the most recent login.
10) Cancellation of Payment by a Minor
Where a minor has made a payment without the consent of a legal representative, the minor or the legal representative may cancel it. However, cancellation may be restricted where the payment was made within the scope of property that the legal representative permitted the minor to dispose of, or where the minor used means such as leading the Company to believe that they were an adult.
11) Prohibition of Transfer and Conversion to Cash
Credits may not be transferred, sold or lent to any third party and are not converted to cash except where the refund provisions apply.
12) Taxes
Applicable taxes (such as value-added tax) are included in or separately indicated for the amount charged for Credits, and the applicable tax rate is determined by reference to the billing country at the time of payment.
13) Errors and Fraudulent Use of Credits
The Company may recover or adjust Credits granted or charged in error due to system error or similar causes. Credits acquired or used by improper means may be restricted from use or recovered. Where a member obtains benefits by means that cannot be regarded as normal use, such as repeatedly cancelling and re-subscribing to receive one-time benefits more than once, the Company may take necessary measures including recovery of the benefit, cancellation of the grant and restriction of use. Where the Company determines that a member uses the subscription and refund arrangements in a manner falling under the following, the Company treats this as abuse of the refund arrangements. 1. The member pays the subscription fee, uses the Subscription Extra Credits and the free-use purchase tickets granted for that billing cycle, and requests a refund under Section 9 while having used none, or only a negligible amount, of the Subscription Base Credits granted for the same cycle, and the circumstances indicate that the member used the service in that way deliberately in order to obtain a refund. 2. The same applies where the same person makes payments and refund requests falling under item 1 through two or more accounts. Whether the accounts belong to the same person is determined by considering the payment method, email address, access device information and other information held by the Company, and the Company informs the member of the grounds for that determination. Where abuse is confirmed, the Company may take the following measures to the extent necessary in light of the confirmed facts. 1. Not granting Subscription Extra Credits and free-use purchase tickets when that member subsequently subscribes. 2. Recovering, or cancelling the grant of, the Subscription Extra Credits and free-use purchase tickets obtained through the abuse and the licenses for content received using them. 3. Restricting subscription sign-up and refund applications for a certain period. These measures do not restrict the member's use of Charged Credits and Subscription Base Credits acquired in return for payment, the right to claim a refund of them, or the licenses for content already purchased for consideration. Before taking any measure, the Company informs the member of the grounds and the basis for it and gives the member an opportunity to comment within a period of at least seven days, and if the member shows that the use was normal, the Company does not take the measure or adjusts it. Where urgent action is required to prevent further harm, however, the Company may act first and inform the member of the grounds without delay. A member may cancel the subscription at any time, and this provision does not restrict cancellation.
14) Account Termination and Withdrawal
If a member withdraws from the service, Subscription Extra Credits and Bonus Credits granted free of charge can no longer be used, and they are not restored even if the member signs up again or a ground for restoration under Section 5 arises. The unused balance of Charged Credits and Subscription Base Credits is not forfeited by withdrawal, and the member may request a refund of Charged Credits in accordance with the criteria in Section 8 and of Subscription Base Credits in accordance with the criteria in Section 9.
15) Amendment of these Terms
The Company may change its credit policies (price, grant quantity, validity period and the like) and these Terms within the scope permitted by applicable law. The Company gives notice at least seven days before the effective date of any change, and where it changes matters that are disadvantageous or material to members, it gives notice at least 30 days before the effective date and notifies existing members individually by email or other means. In such case, the Company presents a comparison of the content before and after the change in an easily understandable manner. If a member does not express refusal by the deadline set out in the notice, the member is deemed to have consented to the change, and the Company clearly indicates this fact in the notice. A member who does not consent to a change may terminate the credit agreement, in which case the Company refunds the unused balance of Paid Credits in accordance with the criteria in Sections 8 and 9 without any penalty. Where the Company raises the subscription fee, it notifies members individually, at least 30 days before the increase takes effect, of the date and time of the increase, the prices before and after the change and the payment method, and how to cancel the increase or cancel the subscription and the effects of doing so, and obtains the member's consent. Where a member does not consent, the next cycle is not charged at the pre-increase fee, and the subscription ends on the end date of the cycle already paid for.
16) Governing Law and Dispute Resolution
The governing law and jurisdiction for these Terms and the use of Credits are as set out in Article 10 of the Terms of Service.
17) New Subscription Benefits and Re-subscription
New subscription benefits (such as a discount on the first billing cycle or Credits granted as a sign-up benefit) are provided once per account, and are not provided again where the benefit has already been received using the same payment method. Where a member re-subscribes after cancelling, new subscription benefits do not apply again. Subscription Credits and free-use purchase tickets are granted once for each billing cycle for which the fee has been paid. Even where the member re-subscribes after cancelling, or where a new billing cycle begins as a result of a plan change, Subscription Credits and free-use purchase tickets are not granted again without a new payment of the fee. Grants upon a plan change are governed by Section 20. Cancellation and re-subscription themselves are permitted at any time, and this provision restricts only the duplicate receipt of benefits.
18) Compensation on Change or Discontinuation of the Credit Scheme
Where the Company changes or discontinues the credit scheme, it compensates members for their remaining Credits as follows. For paid Credits, the Company refunds the amount calculated by multiplying the purchase price by the proportion of remaining Credits. The compensation amount for Subscription Credits is calculated using the formula in Section 9. Free Credits are not compensated, and the Company indicates this at the time of grant. Where the Company reduces the places where Credits may be used or changes the terms of use to the disadvantage of members, it returns all remaining paid Credits at the member's request. The terms of coupons and discounts already issued are as indicated at the time of issue, and the Company does not change them to the disadvantage of members.
19) Transition of the Price Display System
Where the display of product prices changes from currency to Credits, coupons and discounts held by members that are expressed as a discount rate continue to apply without change. Limits and discount amounts expressed as monetary amounts are converted into Credits; amounts in Korean won are converted at a rate of 100 Credits per KRW 1,000, and amounts in US dollars are converted, in the member's favour, at a rate of 158 Credits per USD 1. Where a fraction arises it is rounded up in the member's favour. The value of benefits already held by members is not reduced by the transition. Credit balances held by members are converted at the fixed conversion rates published in advance by the Company, and fractions of less than one Credit are rounded up in the member's favour.
20) Change of Subscription Plan
A member may change plans during a subscription. Where a member changes to a plan with a higher monthly fee (an upgrade), the change takes effect immediately upon completion of payment of the new plan's fee, and the Company charges the monthly fee of the new plan less the monthly fee of the previous plan. The monthly fee here means the sale price of each plan displayed on the subscription payment screen, which is the same as the amount the member would actually pay on newly subscribing to that plan. The amount charged is determined solely by the difference between the monthly fees of the two plans, and neither the quantity used out of the Credits granted for the billing cycle before the change nor the number of days remaining in the cycle affects the amount charged. The quantity of Bonus Credits or Charged Credits held or used, and whether free-use purchase tickets have been used, likewise do not affect the amount charged. The monthly fees and the amount charged are calculated in the currency in which the subscription is paid, and any fraction below the smallest unit of that currency is disregarded from the amount charged. When an upgrade takes effect, the billing cycle restarts from the date of the upgrade, and the next payment date is the date one month from the date of the upgrade. The Subscription Base Credits granted on the upgrade are the monthly grant of Subscription Base Credits of the new plan less the monthly grant of Subscription Base Credits of the previous plan, and the Subscription Extra Credits granted are the monthly grant of Subscription Extra Credits of the new plan less the monthly grant of Subscription Extra Credits of the previous plan; where the result is less than zero, no such Credits are granted. Free-use purchase tickets are issued in the number set for the new plan less the number already used in the same billing cycle (including the cycle before the change); where the result is less than zero, no tickets are issued. Subscription Credits granted for the billing cycle before the change are not extinguished and remain, being combined with the quantities granted as set out above. On a monthly basis, the member therefore pays the monthly fee of the new plan and holds the monthly grant of Subscription Credits of the new plan. Of these, the validity period of Subscription Extra Credits runs to the end date of the billing cycle newly started by the upgrade, and the validity period under Section 6 applies to Subscription Base Credits. Subscription Base Credits carried over from earlier billing cycles are likewise not extinguished and may be used until the end of their validity period. Unused free-use purchase tickets granted for the billing cycle before the change are extinguished, and no separate compensation is provided for the extinguished amounts. Where a member changes to a plan with a lower monthly fee (a downgrade), the change takes effect from the next payment date. Until the next payment date, the fee and grants of the previous plan remain unchanged, and no immediate switch, refund or settlement is made. Where an upgrade takes effect while a downgrade is scheduled, the scheduled downgrade is cancelled. A plan change is neither a cancellation of the subscription nor a new subscription, and the new subscription benefits under Section 17 do not apply to plan changes. Where a member cancels the subscription mid-term after a plan change, the refund for the billing cycle started by the plan change is calculated under Section 9, taking the total of the amounts actually charged for that cycle as the amount paid and the total of the Subscription Credits granted for that cycle as the quantity granted. The billing cycle before the change is calculated separately under Section 9. As a downgrade takes effect from the next payment date and no plan changes in the middle of a billing cycle, in that case the calculation is made separately for each billing cycle under Section 9. The subscription and data purchase terms for members meeting the Enterprise criteria in the Data Terms of Use are determined case by case in accordance with Section 3A of the Data Terms of Use. A plan change may be made only between plans in the same payment currency; a change to a plan with the same monthly fee takes effect from the next payment date, in the same manner as a downgrade.
21) Effective Date and Transitional Provisions
These Terms apply from the effective date. Credits granted or charged before the effective date remain subject to the validity period and conditions of use notified at the time of grant or charge; where these Terms are more favourable to the member, these Terms apply. Where a validity period has been assigned to Credits charged in return for payment before the effective date, the Company does not apply that validity period. No deduction under Section 8 of these Terms applies to refunds of Credits charged before the effective date. Of the Subscription Credits granted before the effective date, the quantity up to the Subscription Base Credit quantity of the plan applied for that billing cycle is treated as Subscription Base Credits, and the remainder as Subscription Extra Credits. Credits granted under the transitional provisions of the Data Terms of Use are treated as Charged Credits. Members who are subscribed as at the effective date are renewed, from the first regular payment date on or after the effective date, on the plan and at the fee individually notified by the Company; the subscription of a member who does not consent to that notice ends on the end date of the cycle already paid for. For billing cycles before the effective date, the grants applicable at the time of that payment apply.