Effective Date : October 22, 2024
Last Updated Date : October 15, 2024
1. Purpose
This SOOP Terms of Sale (this “Agreement” or the “Terms and Conditions”) between you, a User and SOOP Co., Ltd., (hereinafter the “Company,” “we,” “us” or “our’), or it’s affiliates, govern your use of our service (the “SOOP”, “Service(s)”, or “SOOP Service(s)”). “You” or “Your” means you or any other person or entity identified in any service account on whose behalf you are authorized to act.
2. Definition
2.1. In this Agreement, the following terms shall have the meanings specified in this Article 2.
- “User(s)” means all visitors, users, and others who access the Service.
- “Streamer(s)” means live streamers within the SOOP Service.
- “Gem(s)” means a digital product that can be donated to a Streamer as a gift, which can be purchased as a specific unit (25 – 2,500 units)
- “Subscription” means a digital product in which SOOP Users can sponsor desired Streamers as one-time support for 30, 90, 180, 365 days or on a monthly basis.
- “Subscription Ticket(s)” is a one-time use coupon, which can be purchased to start, renew, or extend your Subscription.
-“Subscription Period” means the specific duration for which Users subscribe to a particular Streamer.
- “Digital Content” comprises “Gem” and “Subscription” and such Digital Content sold by SOOP is a non-cash-based digital goods, in which Users can support Streamers within the SOOP service.
2.2. Any terms or expressions used in this Agreement that are not otherwise defined in Article 1 shall be interpreted in accordance with applicable laws, any instructions using the SOOP provided by the Company, or business customs.
3. Introduction
3.1 By purchasing products, services, or content, including any purchases made as a gift to another User (i.e. “Digital Content”), through the SOOP Services that link to these Terms of Sale, you signify that you have read, understand, and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale” or this “Agreement”). Your purchases of “Digital Content” and Services and your use of the SOOP Services are also governed by SOOP’s Terms of Service (“Terms of Service”), into which these Terms of Sale are incorporated by reference.
3.2 To purchase the Digital Content, you must be registered to SOOP Services and comply with these Terms of Sale and the Terms of Service. Any Users who have purchased Digital Content are deemed as individuals who are 16 years of age or older (16 in Europe, or over any age your residing country legally identifies the individual as a non-minor or adult). For any Users who are under 16, but your country of residence legally identifies you as an adult, the age limit to use SOOP Service (i.e. 16 or over 16 years old), as mentioned in the Terms of Service shall still prevail.
4. Modification of Terms of Sale
We reserve the right to change or modify any of the terms and conditions of this Agreement at any time and in our sole discretion. Please check these Terms of Sale periodically for those changes.
5. Payment Methods and Terms
We accept payment through major credit cards, certain debit cards, Xsolla, PayPal, and/or such other payment methods we may make available to you from time-to-time through the SOOP Services (“Payment Methods”). You are subject to all terms and conditions of the Payment Method you choose. By submitting an order through SOOP Services, you represent and warrant that you are authorized to use the designated Payment Method and authorize SOOP, or its designated payment processor, to charge the Payment Method you specify for the purchase amount, including all taxes and fees. Prices are provided in two currencies - US Dollars and Thailand Baht, and all prices in countries other than Thailand are provided in US Dollars. During payment, such displayed price will be exchanged to your local currency conversion price of the corresponding US Dollar price.
6. Digital Content
6.1 Digital Content has no monetary value and does not constitute currency or property of any type. Digital Content cannot be sold or transferred to third parties, including other Users, cannot be used outside the SOOP Services, and cannot be exchanged for cash or for any other goods or services that have monetary value. Except as required by applicable law in your jurisdiction, Digital Content is non-refundable.
6.2 Any purchased Digital Content is considered fully used as soon as part of it is used, and partial refunds are not eligible even if the User claims that some of the Digital Content has not been used.
6.3 The price of Digital Content is determined by the Company and the Company may change the price of Digital Content at any time due to reasons such as exchange rate fluctuations. The changed price takes effect from the time of change.
6.4 The price of Digital Content may vary by User’s region, and this can be adjusted at the Company’s discretion.
6.5 The Company can determine the User’s region of residence based on the User’s IP, payment method location, submitted residence information, payment volume, etc.
6.6 Users agree not to submit false information about their residence location when making payments.
6.7 Taxes on Digital Content are levied based on the User’s region of residence, and Users are responsible for paying such taxes on their purchases.
6.8 All Digital Content is valid for 5 years from the date of purchase and will expire after this period if not used.
7. Subscription
7.1 Introduction to Subscription
SOOP may offer certain Digital Content in connection with the SOOP Services on a subscription basis (“Subscription”). Subscriptions are made for each channel of Streamer, and any User that has made Subscription to a particular Streamed shall be (1) entitled to display a badge that the User is a subscriber, (2) receive a welcome message identifying the use is a subscriber, (3) and be able to access other benefits such as Subscriber exclusive chats and emojis.
7.2 Extension of Subscription Period
a) Extension by Automatic Monthly Payment
For Subscription Services that renew automatically, you agree that we are authorized to charge you for payment on a recurring basis prior to each renewal. You also agree that your Subscription Service will renew continuously for the agreed subscription period until you cancel the renewal. Your Subscription Period will be extended automatically each month, following the monthly payment. If you are signing up for a Subscription Service under a promotional offer, some additional terms may apply. These terms, if any, will be provided to you before you sign up.
b) Extension by Subscription Tickets
Your Subscription Period may be extended by using a Subscription Ticket, which can be acquired through purchase or as a gift. Upon acquisition, the Subscription Ticket will be immediately used and applied to extend your Subscription for the specific duration. The Subscription Period will be automatically extended for the duration specified on the Subscription Ticket.
7.3 User’s Cancellation and Refund
You may discontinue your Subscription at any time by selecting the “Unsubscribe” option under your subscription settings in My Wallet, or by choosing not to purchase additional Subscription Tickets. If the Subscription period has already begun, any fees incurred are non-refundable.
7.4 Cancellation Due to Other Reasons
If the Streamer (1) has been permanently suspended, or (2) the Streamer no longer is a registered User of SOOP Service, or (3) the monetization program of the Streamer has been terminated for any reason, the Company shall cancel the payment of the Subscription fee to the User. In case any payment has been made in unlawful ways, such payment shall be also eligible for refund.
7.5 Modification of Subscription Fee
The Company or the Streamer may periodically make changes to Streamer’s Subscription pricing. In case such events occur, SOOP will arrange applicable ways to inform the Users with such revised Subscription information through the Streamer’s channel.
7.6 Gifts of Subscription
You may purchase non-renewing Subscription Tickets as gifts ("Gift Subscriptions") for specific users or unspecified members of the SOOP community. Gift Subscriptions will be used immediately after gifting, and the gift recipient will receive subscription benefits for the duration specified on the Subscription Ticket. If the gift recipient violates SOOP's Terms of Service, their use of the platform may be terminated, and they will not be entitled to enforce any rights against SOOP.
8. Taxes
You are responsible for any applicable national, state, or local sales or use taxes, value added taxes or similar taxes or fees payable in connection with your purchase of any Digital Content.
9. Governing Law; Dispute Resolution
California law shall govern this Agreement. Should any and all legal disputes connected with this Agreement arise, resolution will take place in accordance with the laws of California.