Terms and Conditions

Last updated: November 15, 2025

These Terms and Conditions constitute a legal agreement between you and Indie Cade governing your access to and use of our website, services, and platform. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

These terms establish important legal obligations and responsibilities. Please read them carefully. If you do not agree with these terms, you must not access or use our services.

Binding Legal Agreement

By using Indie Cade's website or services, you enter into a binding legal agreement with us. This agreement is effective immediately upon your first access or use of our services and remains in effect for as long as you continue to use them.

If you are using our services on behalf of a company, organization, or other entity, you represent and warrant that you have the legal authority to bind that entity to these terms. In such cases, references to "you" in these terms shall refer to both you individually and the entity you represent.

Your continued use of our services following any modification to these terms constitutes your acceptance of such changes. We reserve the right to modify these terms at any time, and it is your responsibility to review them regularly.

User Obligations and Responsibilities

As a user of our services, you agree to comply with the following obligations and responsibilities:

1. Lawful Use

You agree to use our services only for lawful purposes and in accordance with all applicable local, state, national, and international laws and regulations. You shall not:

Engage in any illegal activities or facilitate illegal conduct
Violate any applicable laws, regulations, or ordinances
Infringe upon the rights of others, including intellectual property rights
Transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable

2. Accurate Information

You agree to provide accurate, current, and complete information when communicating with us or using our services. You are responsible for updating your information promptly if it changes. Providing false or misleading information may result in termination of your access to our services and potential legal consequences.

3. Professional Conduct

When interacting with Indie Cade, our team, or other users, you agree to maintain professional and respectful conduct. This includes:

Communicating respectfully and professionally
Refraining from abusive, threatening, or harassing behavior
Honoring commitments and agreements made
Responding promptly to communications regarding your projects

4. Security Obligations

You are responsible for maintaining the security of any accounts, passwords, or access credentials associated with your use of our services. You must immediately notify us of any unauthorized access or security breach. You are liable for all activities conducted through your account, whether authorized by you or not.

5. Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

Attempting to circumvent, disable, or interfere with security-related features
Uploading or transmitting viruses, malware, or other harmful code
Engaging in automated data collection or scraping without authorization
Reverse engineering, decompiling, or disassembling any aspect of our services
Creating derivative works or copying our content without authorization

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Indie Cade, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, arising from or relating to:

Your Use of Services: Any use or misuse of our website, services, or platform by you or anyone using your account

Breach of Terms: Your breach of these Terms and Conditions or any other policies or guidelines referenced herein

Third-Party Rights: Your violation of any rights of any third party, including intellectual property rights, privacy rights, or other personal or proprietary rights

Violation of Laws: Your violation of any applicable laws, rules, or regulations

Your Content: Any content, information, or materials you submit, post, or transmit through our services

Negligent Acts: Your willful misconduct or negligent acts or omissions in connection with your use of our services

This indemnification obligation shall survive termination of your use of our services and these Terms and Conditions.

Disclaimers and Warranties

No Guarantees of Results

Indie Cade provides publishing services, marketing support, and industry connections to assist game developers. However, we make no guarantees regarding specific outcomes, sales figures, revenue generation, market success, or any particular results from our services. Success in game development and publishing depends on numerous factors beyond our control, including game quality, market conditions, competition, timing, and consumer preferences.

Services Provided "As Is"

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permissible by law, we disclaim all warranties, including but not limited to:

Implied warranties of merchantability or fitness for a particular purpose
Warranties regarding accuracy, reliability, or completeness of content
Warranties of non-infringement or title
Warranties regarding uninterrupted, timely, secure, or error-free service

No Professional Advice

Information provided through our services is for general informational purposes only and should not be construed as professional legal, financial, tax, or business advice. You should consult with appropriate professionals regarding your specific circumstances before making business decisions.

Third-Party Services

Our services may involve interactions with third-party platforms, venues, or service providers. We are not responsible for the actions, policies, content, or services of any third parties. Your dealings with third parties are solely between you and such third parties.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Indie Cade, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation:

Damages for loss of profits

Loss of goodwill or reputation

Loss of data or information

Loss of business opportunities

Cost of procurement of substitute services

Interruption of business or work

These limitations apply even if we have been advised of the possibility of such damages. The limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.

IMPORTANT: In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Indie Cade in the twelve (12) months preceding the claim, or one hundred dollars ($100 USD), whichever is greater.

Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms and Conditions where such failure results from circumstances beyond our reasonable control, including but not limited to:

Natural Disasters: Acts of God, floods, fires, earthquakes, explosions, severe weather conditions

Government Actions: War, invasion, terrorism, civil unrest, government restrictions, embargoes, sanctions

Infrastructure Failures: Power failures, internet outages, telecommunications failures, hardware failures

Other Events: Pandemics, labor disputes, supplier failures, or any other events beyond our reasonable control

In the event of force majeure, our obligations shall be suspended for the duration of such circumstances, and we will make reasonable efforts to mitigate the effects and resume performance as soon as practicable.

Dispute Resolution

Informal Dispute Resolution

Before initiating formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions through informal negotiations with us. You must contact us in writing describing the nature of your claim and the relief sought. We will have sixty (60) days to respond and attempt to resolve the matter informally.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or related to these Terms and Conditions shall be brought exclusively in the federal or state courts located in Kings County, Brooklyn, New York. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Indie Cade.

General Legal Provisions

1. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any additional service-specific agreements, constitute the entire agreement between you and Indie Cade regarding your use of our services and supersede all prior agreements, understandings, and communications, whether oral or written.

2. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

3. Waiver

No waiver by Indie Cade of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

4. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may freely assign or transfer these terms and our rights and obligations hereunder to any party without restriction or notice.

5. Survival

All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

6. Notices

All notices and communications required or permitted under these Terms and Conditions shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, postage prepaid, return receipt requested, to the addresses specified in these terms or as otherwise designated in writing.

7. Interpretation

The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. As used in these terms, "including" means "including but not limited to." The words "will" and "shall" have the same meaning and effect.

Modifications to Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time, at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may provide additional notice by:

Posting a notice on our website homepage
Sending an email to the address associated with your account
Displaying a prominent notice when you access our services

Your continued use of our services following the posting of changes constitutes your acceptance of such changes. If you do not agree to the modified terms, you must discontinue your use of our services.

It is your responsibility to review these Terms and Conditions periodically for updates. We recommend checking this page regularly to stay informed of any changes.