Last modified January 29, 2021 (effective date: January 31, 2021):
1. Agreement with mod.io
1.2. In these Payment Terms:
- "Control Panel" means the control panel available to each Relevant Game Developer and End User via the mod.io website.
- "Creator" means the End User that created the User Generated Content subject to the UGC Subscription, UGC Sale, UGC Trade or Sponsorship. If the User Generated Content has multiple creators, only the primary End User as set in the Control Panel at the time of purchase is the Creator for the purpose of this agreement.
- "End User" means any End User using the Services.
- "Purchaser" means the End User that is purchasing a UGC Subscription via a UGC Sale or UGC Trade, or a Sponsorship.
- "Relevant Game Developer" means the Developer for the game that the User Generated Content relates to.
- "Seller" means the End User that is the seller for the purposes of a UGC Trade.
- "us", "we", "our" or "mod.io" means mod.io Pty Ltd (ACN 628 999 039) (and its Associates, as defined by the Corporations Act 2001).
2. Fees and Revenue Sharing
2.1. If the Purchaser choses to purchase a UGC Subscription from a Creator, the UGC Sale may be subject to payment of a subscription fee (Subscription Fee). The Creator or the Relevant Game Developer may determine the Subscription Fee, at the Relevant Game Developers discretion and approval. The Subscription Fee will be published on the mod.io marketplace.
2.2. The Purchaser agrees to pay the Subscription Fee to complete the UGC Sale in exchange for the UGC Subscription in accordance with these Payment Terms.
2.3. If the Purchaser choses to conduct a UGC Trade with a Seller, the UGC Trade may be subject to payment of a trade fee (Trade Fee). The Seller may determine the Trade Fee and will be published on the mod.io marketplace.
2.4. The Purchaser agrees to pay the Trade Fee to complete the UGC Trade in exchange for the Seller's UGC Subscription in accordance with these Payment Terms.
2.5. Purchasers agree to pay any applicable taxes or processing fees charged or incurred in respect of any Subscription Fees and Trade Fees. Where prices are addressed to EU consumers, these prices already include VAT, processing fees (if any) and any other potential parts of the final costs to be borne by the consumer.
2.6. Creators, Sellers and Relevant Game Developers agree to only conduct UGC Sales and UGC Trades using the Services.
2.7. The proceeds of Subscription Fees and Trade Fees in the mod.io marketplace are subject to revenue sharing between the Creator, Seller and the Relevant Game Developer (as applicable) net of any deductions of applicable taxes, commissions, fees, or payment processing fees pursuant to these Payment Terms (Net Proceeds).
2.8. At its sole discretion, the Relevant Game Developer sets the revenue sharing percentage for the Net Proceeds of UGC Sales in the Control Panel (Revenue Share).
2.9. If the Relevant Game Developer does not specify a Revenue Share percentage in the Control Panel, then the Revenue Share percentage will be 50% of the Net Proceeds to the Relevant Game Developer and 50% of the Net Proceeds to the Creator.
2.10. In addition to the deductions set out at clause 2.7, the Net Proceeds of a UGC Trade are subject to a 10% royalty fee shared equally between the Relevant Game Developer and the Creator (Royalty Fee).
2.11. The Seller agrees that any Royalty Fee will be deducted from the proceeds of any UGC Trade prior to any distribution to the Seller.
2.12. mod.io will notify the Creator, Seller and Relevant Game Developer of the amounts received from any UGC Sale or UGC Trade in their Control Panel.
3. Sponsoring Creators
3.1. You may sponsor Creators to encourage them to make more UGC or to show your appreciation by paying a sponsorship fee (Sponsorship).
3.2. You may pay a Sponsorship by making a once off payment to the Creator or by making ongoing payments (Ongoing Sponsorship).
3.3. If making an Ongoing Sponsorship:
- you will automatically be charged every month (Billing Cycle);
- your Ongoing Sponsorship will be cancelled if your payment fails anytime during a Billing Cycle; and
- you may opt out of the Ongoing Sponsorship at any time by updating your mod.io account settings.
3.4. The proceeds of any Sponsorship net of any applicable taxes, commissions, fees, or payment processing fees pursuant to these Payment Terms, will be shared between the Relevant Game Developer and the Creator in accordance with the sponsorship revenue sharing percentage set by the Relevant Game Developer in the Control Panel (Sponsorship Revenue Share).
3.5. If the Relevant Game Developer does not specify a Sponsorship Revenue Share percentage in the Control Panel, then the Sponsorship Revenue Share percentage will be 10% to the Relevant Game Developer and 90% to the Creator net of any deductions of applicable taxes, commissions, fees, or payment processing fees pursuant to these Payment Terms.
3.6. mod.io will notify the Relevant Game Developer and Creator of the amounts received from a Sponsorship in their Control Panel.
4. Payment Conditions
4.1. mod.io will charge a commission fee on all UGC Sales, UGC Trades and Sponsorships (Transactions). The amount of the commission fee is set out in the relevant Developer Terms (Commission Fee).
4.2. Unless otherwise agreed or specified in your Control Panel, the Commission Fee is as follows:
|UCG Sales||UGC Trades||Sponsorship|
|10% of proceeds less sales tax||5% of proceeds less sales tax||5% of proceeds less sales tax|
4.3. You authorize mod.io to automatically charge the Commission Fee and deduct it from all Transactions.
4.4. If any payments pursuant to these Payment Terms are subject by law to any type of tax, including without limitation VAT, GST or withholding tax, then you agree that you may be charged, in addition to any other fee or payment, for those taxes.
4.5. All payments pursuant to these Payment Terms are made using the services of third party payment processors including PayPal, Stripe, or the store provided in-app purchase flow if available (Payment Processors). mod.io can only support payments in jurisdictions where the Payment Processors operate.
4.6. You will be bound by the terms and conditions and privacy policies of the Payment Processors available at https://www.paypal.com/webapps/mpp/ua/privacy-full and https://stripe.com/us/privacy.
4.7. You appoint mod.io as your agent for the purposes of making payments through the Payment Processors.
4.8. If you are not a consumer, you will pay and authorise mod.io to charge to you any additional fees charged by the Payment Processors to the extent legally permissible.
4.9. You acknowledge that you will be required to give to Payment Processors the relevant financial information required to process any payments.
4.10. You warrant that:
- You have the legal right to use any credit card or other payment method that you use; and
- the information that you supply to the Payment Processors, is correct, free from error and complete.
4.11. mod.io is not liable for any losses arising out of or in connection with to the processing of payments through the Payment Processors except if culpably caused by mod.io or its legal representatives or vicarious agents.
4.12. mod.io, as an Australian company, acknowledges the requirements of the Competition and Consumer Act 2010 (Cth) in relation to refunds and agrees to refund you for any services for which you have paid but did not receive. mod.io also acknowledges the requirements of mandatory local law, including but not limited to liability law for defects, consumer law and/or competition law.
4.13. If you have received a payment from mod.io in respect of which mod.io is subsequently required to provide a refund (in any circumstance and in mod.io's reasonable discretion and in accordance with requirements under mandatory law), you agree to fully indemnify mod.io for your share of any amount refunded by mod.io.
4.14. If you have received a payment from mod.io in respect of which a chargeback fee is subsequently applied (only to the extent legally permissible), you agree to fully indemnify mod.io for your share of the chargeback fee.
5. Payment Requests
5.1. If your Control Panel indicates that you are entitled to receive a payment resulting from any UGC Sale, UGC Trade, Royalty Fee or Sponsorship conducted through the Services, you may request that mod.io pay the proceeds to your nominated account in your Control Panel in accordance with this clause (Payment Request).
5.2. In order to submit a Payment Request, You must first complete the required KYC, tax forms, and provide valid payment details in your Control Panel, which will be verified by a third party.
5.3. You can submit a Payment Request once per calendar month, when the accrued unpaid proceeds total more than USD$100 as published in your Control Panel.
5.4. mod.io will pay to you any proceeds within 30 business days from receiving your valid Payment Request. All payments will be made in USD.
5.5. If your mod.io account is terminated for any reason, mod.io will pay the balance of any proceeds to your nominated account as at the date of termination within 60 days of the termination of your account.
5.6. mod.io reserves the right to withhold, delay or deny any Payment Request, where it suspects fraud, a high rate of refunds, chargebacks or any violation of any of mod.io's terms.
5.7. End Users including Creators and Sellers acknowledge that payment of their Payment Requests is contingent on mod.io first receiving any entitlement owing to it from the Relevant Game Developer. mod.io will not be liable to make any Payment Request unless and until it has been paid by the Relevant Game Developer.