Terms of Service

These Terms are intended to define the conditions and procedures for using Xakar Studio (the “Service”), an e-learning content packaging service provided by Xakar (the “Company”), as well as the rights, obligations, and responsibilities of the Company and its users.

• Service: all SCORM/xAPI content packaging features and related add-on functions provided by the Company
• User: a person who agrees to these Terms and signs up for the Service
• Credits: the virtual unit deducted when using features within the Service
• Packaging: the task of converting uploaded videos, PDFs, and similar materials into e-learning standard files such as `.zip`

These Terms become effective when posted on the Service or otherwise notified to users. The Company may amend these Terms when there is a reasonable cause to do so, and any amendment will be announced within the Service starting at least 7 days before the effective date. Continued use of the Service after such change will be deemed acceptance of the amended Terms.

However, where an amendment is unfavourable to users or otherwise material, it will be announced at least 30 days before the effective date, together with individual notice by email or similar means. In such cases the Company will present the terms before and after the change, and users who do not agree may terminate their agreement before the effective date.

Upon sign-up, the Service grants 20 free Credits. These free credits may be used to try up to two video SCORM packaging jobs. Continued use of the Service thereafter requires additional credit top-ups.

Free credits are granted only once at the time of registration, and duplicate receipt through re-registration or account circumvention is prohibited.

1. Credit top-up: Users may top up credits through the payment methods provided within the Service. The available credit packages and prices can be checked on the payment page within the Service.
2. Payment processing: All payments are processed through Lemon Squeezy (a third-party payment processor acting as Merchant of Record). Any tax due on a payment (such as VAT or GST) is calculated and charged by Lemon Squeezy under the laws of the country concerned, and the receipt is issued by Lemon Squeezy. By completing a purchase, users also agree to Lemon Squeezy's Terms of Service.
3. Credit deduction: When a packaging task is completed, credits are deducted according to the relevant content type. The deduction standard is specified on the information page within the Service.
4. Usage-based deduction (AI features — in preparation): AI features are not yet available; this paragraph applies from the date they are released. For AI features, credits are deducted based on the volume actually processed for each request. Before a request is executed, the Service displays the maximum credits (cap) that may be deducted for that request, and the actual deduction never exceeds that cap. Credit amounts are rounded up to the nearest whole credit, with a minimum of 1 credit. No credits are deducted if no result is delivered. A per-request breakdown is available on the credits page within the Service.
5. Refunds: On sign-up the Company grants 20 free Credits so that users can run the Service and see the actual output before paying anything. Because that trial is provided up front, credits that have already been used — that is, credits deducted for a job that was actually run — are not refundable. Credits that are still unused may be refunded for the purchase concerned if the user asks customer support within 7 days of payment. Where the Service was not provided properly for reasons attributable to the Company, or no result was delivered, the Company will refund or restore credits under applicable law regardless of that period.

6. Expiration of credits: credits expire differently depending on how they were granted.

   Type of credit	When it expires	Carry-over
   Credits included in a subscription plan	Any unused balance expires on the next monthly grant date	Not carried over to the following month
   Purchased (topped-up) credits	2 years after the grant date	Carried over; no monthly expiry
   Sign-up bonus (20 Credits)	2 years after the grant date	Carried over; no monthly expiry

   All credits expire when the account is terminated. Subscription plan credits are always used first when credits are deducted. Subscription plans are currently in preparation; what is said here about plan credits applies from the date subscriptions open.

• Users must not upload content that infringes the intellectual property rights of others, including copyrights and portrait rights.
• Users must not share account information with others.
• Users must not use the Service for unlawful purposes.
• Users must not attempt to obtain credits improperly through automated means or similar abuse.

The Company may restrict or suspend a user's access to the Service without prior notice if the user violates these Terms or interferes with the normal operation of the Service. The Service may also be temporarily interrupted due to unavoidable reasons such as system maintenance, failures, or force majeure, in which case prior notice will be provided whenever possible.

The Company specifies limits on the number of learners and on storage for each plan, but does not impose a separate limit on data transfer (bandwidth). However, if a user's data transfer significantly exceeds typical usage for the same plan and places a burden on the stable operation of the Service, the Company may notify the user and discuss adjustments to how the Service is used. If no agreement is reached or excessive usage continues, the Company may take necessary measures such as adjusting transfer speeds, recommending a higher plan, or restricting the relevant feature, and will give prior notice of the reason and the measure.

The per-plan limits described above apply from the date subscription plans and the site builder are released. Both are currently in preparation.

The Company is not responsible for legal disputes, including copyright infringement, arising from content uploaded by users. The Company shall not be liable for damages caused by reasons attributable to the user.

The site builder and learning reports are currently in preparation. This Article applies from the date those features are released.

The Company retains the learning records generated by the learning content the User operates as set out below. Learning records are of two kinds:

• Completion outcomes and latest progress — whether a learner completed, passed or failed, together with each learner's most recent progress.
• Other learning activity records — the detailed records of individual learning activity.

Twelve months after a learning activity record is created, its raw form (the original xAPI statement) is compacted. The record itself is not lost — the fields needed for reports and exports are kept — but it can no longer be retrieved in its original form. This applies on every plan.

When the agreement ends, or a user closes their account: the learning records held on the sites and content that user operated are deleted together with them and cannot be recovered.

When a learner closes their own account: learning records left on sites operated by other users are not deleted. They remain under those users' control, because the Company acts as a processor with respect to such records. To have them deleted, please ask the operator of the site concerned.

Payment and transaction records that the Company is required by law to keep are stored separately from the above, as set out in the Privacy Policy.

These Terms shall be interpreted in accordance with the laws of the Republic of Korea, and in the event of any dispute, the competent court shall be the court having jurisdiction over the location of the Company.