Terms of Service

Indie Retro Games is an online marketplace and distribution platform for indie and retro video games ("Service" or "Platform"). The Service allows creators to sell and distribute their games, and allows buyers to purchase and download games.

Important: Indie Retro Games acts solely as a facilitator and intermediary between Buyers and Sellers. We provide the platform and tools to enable transactions, but we are not a party to any transaction between Buyers and Sellers. All purchases are made directly from the Seller, not from Indie Retro Games.

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

Direct Relationship

When you purchase content through Indie Retro Games, you are entering into a direct transaction with the Seller. Indie Retro Games facilitates this transaction but is not a party to it. This means:

• Your contract for the purchase is with the Seller, not Indie Retro Games
• The Seller is responsible for the product, its quality, and any support
• Refund requests and disputes should be directed to the Seller
• Communication about purchases should go through the Seller

Buyers

If you register an account to purchase, download, or play games from Indie Retro Games, you agree to these Terms as a platform buyer ("Buyer"). Buyers confirm that they are at least 13 years of age. The Service is not intended for children under 13.

Sellers

If you register an account to sell, distribute, or publish games on Indie Retro Games, you agree to these Terms as a platform seller ("Seller"). Sellers confirm that they are either:

• At least 18 years of age, or
• Have obtained valid parental or guardian consent and are legally permitted to enter into this agreement

Sellers must be fully capable of fulfilling the obligations, representations, and warranties set out in these Terms.

Indie Retro Games aims to provide a safe and welcoming environment for all users.

Three-Strike Policy

We operate a three-strike system for violations of these Terms:

• Strike 1: Written warning via email explaining the violation
• Strike 2: Second written warning; temporary suspension may apply depending on severity
• Strike 3: Permanent account ban

Strikes apply to both Buyers and Sellers. We reserve the right to issue strikes for any violation of these Terms, including but not limited to the prohibited activities listed below.

Important notes about strikes:

• Strikes are cumulative and do not expire
• Severe violations (such as fraud, illegal activity, or distributing malware) may result in immediate permanent ban without prior strikes
• You will be notified by email when a strike is issued
• Decisions regarding strikes are at our sole discretion
• Banned users may not create new accounts

The following activities are prohibited:

• Uploading viruses, malware, or any code designed to harm or restrict other users' enjoyment of the Service
• Sending spam, unsolicited messages, or bulk communications
• Posting content that is unlawful, misleading, defamatory, or discriminatory
• Bullying, harassing, threatening, or intimidating other users
• Posting content that promotes hatred, intolerance, or discrimination against any individual or group
• Collecting or harvesting personal information about other users
• Infringing on copyright, trademarks, or other intellectual property rights
• Attempting to hack, manipulate, or misrepresent any part of the Service
• Creating fake identities to deceive or mislead others
• Violating any applicable laws or regulations

Sellers are solely responsible for the content they upload and distribute on Indie Retro Games. This includes responsibility for:

• The accuracy of product descriptions and promotional materials
• Ensuring products function as advertised
• Providing customer support to Buyers
• Handling refund requests and disputes
• Complying with all applicable laws and regulations

By uploading content to the Service, Sellers confirm that they:

• Own or have obtained all necessary rights, licences, and permissions to publish and distribute the content
• Have the authority to grant the licences described in these Terms
• Are not infringing on any third party's intellectual property rights

Licence to Indie Retro Games

By submitting content for distribution, Sellers grant Indie Retro Games a worldwide, non-exclusive, royalty-free licence to:

• Use, reproduce, distribute, and display the content in connection with operating the Service
• Create promotional materials featuring the content (such as screenshots, trailers, and descriptions)
• Redistribute the content through the platform in any media format

This licence terminates within a reasonable time after you remove your content from the Service.

Licence to Buyers

Sellers grant Buyers a non-exclusive, perpetual licence to:

• Access and download purchased content
• Use the content for personal, non-commercial purposes as permitted by the platform's functionality

Buyers retain their licence to purchased content even if that content is later removed from the Service.

Content Removal

Indie Retro Games does not endorse copyright infringement or intellectual property violations. Content may be removed and accounts terminated if we are notified of such violations.

The Service provides features for users to create and share content, including reviews, ratings, comments, profile images, and other materials ("User Generated Content" or "UGC").

By creating UGC, you grant Indie Retro Games a worldwide, non-exclusive, perpetual, royalty-free licence to use, reproduce, modify, display, and distribute your UGC in connection with operating and promoting the Service.

If you terminate your account, you may request deletion of your UGC by contacting support@indieretrogames.com .

Reporting Copyright Infringement

If you believe that content on the Service infringes your copyright, please send a written notice to support@indieretrogames.com containing:

• Your physical or electronic signature (or that of someone authorised to act on your behalf)
• Identification of the copyrighted work you believe has been infringed
• Identification of the infringing material and its location on the Service
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that the use is not authorised by the copyright owner
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorised to act on behalf of the copyright owner

Counter-Notice

If you believe your content was removed in error, you may submit a counter-notice containing:

• Your physical or electronic signature
• Identification of the removed content and its previous location
• A statement that you believe the content was removed due to mistake or misidentification
• Your name, address, telephone number, and email address
• A statement that you consent to the jurisdiction of the courts in your country of residence

Upon receiving a valid counter-notice, we may restore the content after 10-14 business days unless the original complainant initiates legal proceedings.

All payments on Indie Retro Games are processed through Stripe.

For Buyers

When you make a purchase, you can pay using any method accepted by Stripe, which may include:

• Credit and debit cards
• Apple Pay
• Google Pay
• Other payment methods available in your region

When you provide payment information, you confirm that:

• You are the authorised user of the payment method
• You authorise Stripe to process the payment on behalf of the Seller

For Sellers

To receive payments, you must connect a Stripe account and comply with:

• Stripe Terms of Service
• Stripe Acceptable Use Policy

Sellers who violate Stripe's policies may have their payment processing suspended, which will prevent them from selling on Indie Retro Games.

All purchases made through the Service constitute a direct transaction between the Buyer and the Seller. Indie Retro Games is not a party to these transactions and acts solely as a facilitator.

How Payments Work

We use Stripe Connect to facilitate payments. When a Buyer makes a purchase:

• Payment goes directly to the Seller's connected Stripe account
• Indie Retro Games does not take a platform fee—Sellers keep 100% of the sale price
• Stripe's standard processing fees apply (charged by Stripe, not us)
• Indie Retro Games never holds or controls Seller funds
• Sellers receive their earnings directly from Stripe according to Stripe's payout schedule

Seller Requirements

To sell on Indie Retro Games, Sellers must:

• Create and connect a Stripe account
• Complete Stripe's verification and onboarding process
• Comply with Stripe's Terms of Service and Acceptable Use Policy

Pricing

Sellers may set prices for their content at their own discretion. Sellers may also offer content for free.

Future Fees

We reserve the right to introduce platform fees in the future. Any changes to our fee structure will be communicated to Sellers in advance, and continued use of the Service after such changes constitutes acceptance.

Prohibited Conduct

Using VPNs, proxies, or other methods to misrepresent your location—whether to circumvent geographic restrictions or manipulate pricing—is a violation of these Terms.

Right of Withdrawal for Digital Content

Under EU consumer law, you normally have a 14-day cooling-off period for online purchases. However, this right does not apply to digital content once delivery has begun.

By completing a purchase on Indie Retro Games, you:

• Expressly request and consent to immediate access to the digital content
• Acknowledge that the content will be made available for download immediately after purchase
• Acknowledge that you lose your right of withdrawal once the download becomes available

This consent is obtained at checkout before you complete your purchase.

When Refunds May Apply

Even after waiving your right of withdrawal, you may still be entitled to a refund if:

• The product is broken: The content does not function and cannot be made to function as reasonably expected
• The product is misrepresented: The content materially differs from what was advertised in the listing
• Access was never provided: You were charged but never received access to download the content

Refunds do not typically apply if:

• You simply changed your mind after purchase
• The content works but you don't like it
• You have already downloaded and used the content without issues
• Your device or setup doesn't meet requirements that were clearly stated in the listing

How Refunds Work

Important: Because payments go directly to Sellers via Stripe, only Sellers can process refunds. Indie Retro Games does not hold funds and cannot issue refunds on behalf of Sellers.

To request a refund:

1. Contact the Seller directly via their profile page or the contact details on their listing
2. Explain the issue clearly and provide evidence where possible (screenshots, error messages, etc.)
3. The Seller can issue a refund through their Stripe dashboard

If the Seller Refuses or Doesn't Respond

If a Seller refuses a legitimate refund request or fails to respond within a reasonable time (we suggest 7 days), you may:

1. Contact us at support@indieretrogames.com to report the issue
2. We will attempt to mediate between you and the Seller
3. Sellers who consistently ignore legitimate refund requests may receive strikes under our three-strike policy (see Section 3)
4. As a last resort, you may dispute the charge directly with your bank or card provider

Seller Obligations

Sellers are expected to:

• Respond to refund requests promptly and in good faith
• Process refunds through their Stripe dashboard when appropriate
• Not unreasonably refuse refunds for broken or misrepresented products

Failure to handle refunds fairly may result in strikes against your account.

Consumer Rights

Nothing in this section affects your statutory rights under applicable consumer protection laws regarding defective or misrepresented digital content.

Since payments are processed directly through Stripe Connect:

• Funds are deposited directly into your connected Stripe account
• Stripe handles payouts according to their standard schedule (typically 2-7 business days depending on your country)
• Indie Retro Games does not hold, manage, or have access to your funds
• For questions about payouts, payout timing, or your balance, please refer to your Stripe dashboard or contact Stripe support

Your Stripe Account

You are responsible for:

• Keeping your Stripe account in good standing
• Ensuring your bank details and payout settings are correct
• Complying with Stripe's terms and policies
• Managing any tax obligations related to your earnings

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Platform Services

TO THE FULLEST EXTENT PERMITTED BY LAW, INDIE RETRO GAMES DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• Any defects in the platform will be corrected

Seller Content

INDIE RETRO GAMES DOES NOT ENDORSE, VERIFY, OR GUARANTEE ANY CONTENT UPLOADED BY SELLERS. WE MAKE NO WARRANTIES REGARDING:

• The quality, safety, or legality of any games or content listed
• The accuracy of product descriptions or listings
• The ability of Sellers to complete transactions or provide support
• The fitness of any content for a particular purpose

Your legal relationship for any purchase is with the Seller, not Indie Retro Games. Any warranties, express or implied, relating to purchased content are provided by the Seller, not by us.

This disclaimer does not affect your statutory rights as a consumer under EU law, which should be exercised against the relevant Seller.

Marketplace Limitation

AS A MARKETPLACE FACILITATOR, INDIE RETRO GAMES IS NOT LIABLE FOR:

• The conduct, actions, or omissions of Sellers or Buyers
• The quality, safety, legality, or availability of any content listed by Sellers
• Any disputes between Buyers and Sellers
• Any transaction or agreement entered into between Buyers and Sellers
• Failure of Sellers to provide refunds, support, or honour their obligations

General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDIE RETRO GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Loss of goodwill

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED €100.

Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded under applicable law

Term

These Terms apply from when you create an account until your account is terminated.

Termination by Users

You may terminate your account at any time by contacting support@indieretrogames.com or using account settings. Account termination does not entitle you to a refund for previous purchases.

Termination by Sellers

Sellers may terminate their account at any time. Upon termination:

• Your listings will be removed from the platform
• Buyers who previously purchased your content will retain access to their downloads
• Any funds already in your Stripe account remain yours—we don't hold your money
• You remain responsible for any refund requests or disputes related to past sales

Termination by Indie Retro Games

We operate a three-strike policy as described in Section 3 (Acceptable Use). After three strikes, your account will be permanently banned.

We reserve the right to immediately suspend or terminate accounts without prior strikes in cases of:

• Fraud or illegal activity
• Distribution of malware or harmful content
• Severe harassment or threats
• Any activity that poses a risk to the platform or its users

Consequences of Termination

Upon account termination:

• For Buyers: You retain access to previously purchased content where technically feasible, but lose access to platform features
• For Sellers: Your listings will be removed; outstanding earnings (minus any holdback for disputes) will be paid out within a reasonable timeframe
• For banned accounts: You may not create new accounts; attempts to circumvent a ban may result in legal action

Survival

Sections 4, 5, 8, 9, 11, 12, 14, 15, 16, and 18 continue to apply after account termination.

These Terms shall be governed by and construed in accordance with the laws of Ireland and applicable European Union regulations, without regard to conflict of law principles.

For consumers resident in the EU, nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence.

Buyer-Seller Disputes

Disputes arising from transactions—including issues with product quality, refunds, or Seller conduct—should be resolved directly between the Buyer and Seller. Indie Retro Games is not a party to these disputes.

If you cannot resolve a dispute with a Seller, you may contact us at support@indieretrogames.com . We may, at our discretion, assist with mediation or take action against accounts that violate these Terms.

Disputes with Indie Retro Games

For disputes relating to the platform itself or these Terms, we encourage you to contact us first at support@indieretrogames.com to resolve matters informally.

For EU consumers, you may also use the European Commission's Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr .

If informal resolution is not possible, disputes shall be submitted to the courts of Ireland, except where applicable law grants you the right to bring proceedings in your country of residence.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Indie Retro Games from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any claim that your content caused harm to a third party

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations under these Terms without restriction.

These Terms, together with our Privacy Policy and any other notices published on the Service, constitute the entire agreement between you and Indie Retro Games.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full effect.

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Any cause of action arising from these Terms or your use of the Service must be commenced within two (2) years of the cause of action arising.

If you have any questions about these Terms, please contact us at:

Email: support@indieretrogames.com

Thank you for being part of the Indie Retro Games community!