Data Terms of Use

These Terms set out the rights and obligations between users and XSTAGE in relation to the use of data provided by XSTAGE. Where a user downloads data or commences use of it, the user is deemed to have agreed to these Terms.

1. Definitions

• Data: motion data provided by XSTAGE (e.g. FBX), related metadata and derivatives thereof.
• Project: a single final output such as a game, application or video.
• Service: a game, platform, application, channel or the like that is operated on an ongoing basis.
• User: an individual or legal entity that has acquired a licence under these Terms.
• Account type: the classification of users (general / enterprise). A user who does not meet the enterprise criteria in 3A is a general user.
• End user: a person who uses the user's service.
• Original form: a file that has not been edited or converted, or that is in a form from which the original can be extracted (e.g. an original FBX file, or a repackaged file of equivalent quality).
• Motion-related revenue: monetary consideration such as paid sales, usage fees and subscription revenue arising from the data (or from motions, emotes, features or access rights incorporating it) within the user's service or platform, including donations received for broadcasts or videos that use the data and advertising revenue paid out by a platform, calculated exclusive of value-added tax and net of refunds, cancellations, chargebacks and the like.

2. Provisions Common to All Licences

• Non-exclusive and non-transferable: the licence is non-exclusive, and transfer and sublicensing are not permitted.
• Territory and term: unless otherwise stated, the data may be used worldwide with no time limit.
• Use and editing: the data may be embedded in a project or service, and reasonable editing such as retargeting and optimisation is permitted.
• Compliance obligations: the user must comply with the laws of the applicable territory, platform policies and rating regulations.
• No warranty: full compatibility with any particular environment or engine is not warranted.
• Cooperation with audits: XSTAGE may request evidence of use, such as project name, version and distribution channel, where necessary, and the user shall cooperate.
• Prohibition on redistribution of originals: sharing, sale, resale or bundled sale of original files, or of files in a form from which the original can be extracted, is strictly prohibited.
• Prohibition on sublicensing: sublicensing to third parties is prohibited.
• Prohibition on commercialising the data alone: selling the data itself as a product outside a project or service is prohibited.
• Prohibition on unlawful use: use contrary to applicable law or platform policy is prohibited.
• Prohibition on AI training: data in its original form may not be used to train or fine-tune machine learning or artificial intelligence models, or to build evaluation datasets, and may not be provided to a third party for such purposes. This applies to both research and commercial purposes. Publishing or distributing, by ordinary means, works such as videos or games made using the data does not fall under this prohibition.
• Nature of the data — the data is generated by analysing recorded footage with estimation algorithms, and different results may be produced from the same subject depending on the criteria of analysis. 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.

3. Account Types and Licence Rights

3A. Account types

This section sets out the criteria for account types (general / enterprise). A user who does not meet the enterprise criteria below is a general user.

1. General: a user who does not meet the enterprise criteria. When purchasing content, a general user chooses a Standard or Commercial licence in accordance with 3B.
2. Enterprise: a user whose average monthly motion-related revenue over the most recent three months is KRW 10,000,000 or more. Enterprise use is premised on commercial use, and licence fees together with the royalty settlement terms (the royalty rate, settlement cycle, whether a minimum guarantee (MG) applies, the basis of calculation and the scope of supporting evidence) are determined by individual negotiation.
3. Deemed licensee for use in the course of business - Where an employee uses the data in the course of employment, the employer is the licensee, and a licence in the employee's own name is not transferred to the employer. Where a user produces and delivers a work at the request of a third party, it is sufficient for the user to hold a Commercial licence in the user's own name.
4. Subsequent settlement - Where it is established during use that the user has come to meet the enterprise criteria, the Company requests a transition to enterprise and applies the terms agreed in the negotiation from that point onwards. Before the negotiation, the Company informs the user of the basis for the determination and the calculation details.

* XSTAGE may request confirmation of motion-related revenue within a reasonable extent. A user who comes to meet the enterprise criteria must notify XSTAGE, and the transition is processed subject to XSTAGE's confirmation and consultation.

3B. Licence guide

When purchasing content, a general user chooses either a Standard or a Commercial licence. An enterprise user uses a Commercial licence, and its terms are determined individually in accordance with 3A.

• Choice of licence: to use content for commercial purposes, a Commercial licence must be purchased. The same criteria apply to one-off purchases and to subscription use.
• Maintenance of licence: the licence of content already purchased is maintained as at the time of purchase. To use content purchased under a Standard licence for commercial purposes, the user must obtain a Commercial licence for that content; where the user pays the difference and changes the licence, the scope of the Commercial licence applies from the time the change is completed.
• Free-use purchase tickets: a free-use purchase ticket granted under the Credit Terms of Use may be used with either a Standard or a Commercial licence. The criteria for the content to which it may be applied are set out in the Credit Terms of Use. The scope of use of the content obtained follows the licence selected at the time of download.

Standard

• Workers: use by one person.
• Distribution: internet broadcasting and non-commercial video production are permitted.
• Broadcast revenue: donations received on a personal broadcast and advertising revenue paid out automatically by a platform (YouTube AdSense, Shorts Fund and the like) are treated as non-commercial.
• Restrictions: commercial video production and use at offline concerts are not permitted. A Commercial licence is required for videos made under a direct contract with an advertiser, such as product placement or brand sponsorship, and for videos commissioned by an advertiser.
• Resale: resale of originals is prohibited (common provision).
• No other commercial activity is permitted.
• Transition to enterprise: where motion-related revenue, including the donations and advertising revenue above, reaches an average of KRW 10,000,000 or more per month over the most recent three months, the user transitions to enterprise in accordance with 3A.
• AI training: use of data in its original form for training artificial intelligence models is prohibited (common provision).

Commercial

• Workers: use by an unlimited number of workers (within the same organisation).
• Distribution: internet broadcasting, commercial and non-commercial video production, use as character motions in paid games, and use at offline concerts are permitted.
• Monetisation: paid sale of motions within a game or service is permitted (provided that resale of original files is not permitted).
• Transition to enterprise: where average monthly motion-related revenue over the most recent three months reaches KRW 10,000,000 or more, the user transitions to enterprise in accordance with 3A. To continue paid resale, the user must comply with the terms agreed in that negotiation, including royalty settlement.
• Cooperation obligations: where the criteria in the preceding item apply, the user shall cooperate with XSTAGE's requests for revenue evidence and settlement-related materials within a reasonable extent.
• Resale: resale of originals is prohibited (common provision); free distribution within a service is permitted.
• AI training: use of data in its original form for training artificial intelligence models is prohibited (common provision).

4. Policy on Number of Service Users and Use by Partner Companies

• Seats and workers: Standard = one person / Commercial = unlimited (within the same organisation).
• Outsourcing and partner companies: access is permitted only within the scope of the project and under the user's direction and management. Independent retention, reuse and distribution of original files are prohibited.
• Account security: account sharing is prohibited, and access rights must be limited to the scope necessary for the work concerned.

5. Copyright and Attribution

• The data and related rights belong to XSTAGE.
• Users shall comply with the attribution guidelines provided by XSTAGE.
• Where third-party IP is used, the user is responsible for separately securing the relevant rights.
• Rights-holder (author) attribution policy — for K-POP and dance challenge data, attribution of the rights holder is recommended to the extent possible. Recommended format: Choreographer : Seorin, Eram Artist : BlackPunk
• Attribution and prevention of misattribution — as a rule, there is no obligation to attribute the source (XSTAGE) in the output. However, where output is posted or provided for commercial promotional purposes, such as soliciting or selling commissions (paid production and delivery) or selling or promoting motions, emotes or features, the user must disclose without any risk of confusion that the output is based on XSTAGE data. A user may not use any expression, name or promotion in respect of the data, or output substantially identical or similar to it, that may create the impression that the user is the original author or originator, and must not restrict or create confusion as to the legitimate use by third parties through rights registration, claims or similar acts. Recommended format: Base motion source: XSTAGE (https://xstage.co)

6. Updates and Support

• The scope of updates, compatibility and support is as set out on the product page or in the individual agreement.
• Whether and to what extent support is provided for degradation of functionality caused by changes to engine, OS or tool versions is indicated on the product page.

7. Fees, Payment and Taxes

• Charges are calculated according to the account type and the licence purchased (Standard or Commercial). Fees for enterprise users are determined by individual negotiation.
• The criteria for handling payment, exchange rates and taxes (VAT and the like) are as set out in the store policy or the individual agreement.
• For overseas payments and offshore transactions, the applicable tax rate and whether a zero rate or exemption applies are governed by applicable law and the policies of the payment channel.

8. Disclaimer of Warranties and Limitation of Liability

• The warranties for the data and the scope of the Company's liability are as set out in Article 9 of the Terms of Service.
• Liability for indirect, incidental, special or consequential damages is as set out in Article 9, paragraph 2 of the Terms of Service.

9. Termination

• Where a user breaches these Terms, the Company notifies the user of the reason and requests rectification within a period of at least seven days, and if the breach is not rectified within that period, the Company may terminate the licence for the content concerned.
• Upon termination, the user must immediately cease use and destroy the data and all copies.

10. Refunds and Cancellation

• Withdrawal of a purchase (cooling-off) and refunds in respect of content purchases are governed by Article 6 of the Terms of Service, and refunds of credit charges and of subscriptions are governed by the Credit Terms of Use.
• Where an individual agreement provides otherwise, that agreement prevails. However, in transactions with consumers, it prevails only to the extent that it is not contrary to the consumer protection standards of applicable law.

11. Order of Precedence and Jurisdiction

• In the event of a conflict between these Terms and the product page or an individual agreement, the individual agreement prevails.
• Governing law and jurisdiction are as set out in Article 10 of the Terms of Service.

Appendix

• Transitional measures (content purchased before the amendment) — rights already granted for content purchased before the effective date of these Terms are not reduced by this amendment. Content purchased with the Multi-Pro or Ultimate grade before the effective date is converted to the Commercial licence from the effective date, at no additional cost to the user. Content purchased with the Single-Basic grade is converted to the Standard licence. The licence under these amended Terms applies to purchases made on or after the effective date.
• Former grades - the Single-Basic, Multi-Pro and Ultimate grades are not newly granted on or after the effective date of these Terms. Content purchased with any of these grades before the effective date may be used within the scope of the licence to which it is converted under the transitional measures above.
• Refund of the difference - where the amount paid for content purchased before the effective date exceeds the price of the Commercial licence for the same content as of the effective date, the Company grants credits equal to that difference. The Company gives separate notice of when and how the credits are granted.
• Former account types - these Terms also apply to personal and business accounts that existed before the effective date, and all such accounts are treated as general from the effective date. The account type displayed on the account is changed by the Company in stages after the effective date. A user who meets the enterprise criteria in 3A transitions in accordance with 3A.
• Amendment — XSTAGE may amend these Terms where necessary, and gives notice of the content of the change and the effective date at least seven days before the effective date. In the case of a change that is disadvantageous or material to users, XSTAGE gives notice at least 30 days before the effective date, notifies existing users individually by email or other means, and presents a comparison of the content before and after the change in an easily understandable manner.