Terms of Service
Last Updated: January 15, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and indie.fun ("indie.fun", "we", "our" or "us"). These Terms govern your use of the indie.fun platform and services made available to you through our website or otherwise.
By accessing the indie.fun platform and/or using our services, you agree that you have read, understood, and accepted these Terms. You acknowledge and agree that you will be bound by and comply with these Terms, as updated and amended from time to time.
IMPORTANT RISK WARNINGS
1.1 General Risks of Tokens and Gaming: Participating in token launches and gaming activities on the Platform involves substantial risks. Tokens may fluctuate significantly in value, become illiquid, or lose all value. Game development projects may not proceed as planned, and there is no guarantee of success, completion, or usability of any associated token.
1.2 No Financial or Investment Advice: The Platform is designed to facilitate the connection between game developers and token holders but does not offer financial, investment, or legal advice. indie.fun does not act as an advisor, broker, or intermediary. Any information provided on the Platform should not be construed as a recommendation to buy, sell, or hold tokens or to participate in any project.
1.3 User Responsibility: You are solely responsible for evaluating the risks associated with using the Platform, including your participation in token launches and gaming activities. We strongly encourage you to perform your own due diligence, consult professional advisors, and carefully assess your financial situation before engaging in any activities on the Platform.
1.4 Limitation of Liability: indie.fun does not guarantee or warrant the performance, value, or outcomes of any tokens, games, or projects. We assume no liability for any losses or damages resulting from your use of the Platform, including but not limited to economic losses, missed opportunities, or project failures.
1. Platform Overview
2.1 Platform Purpose: indie.fun serves as a platform designed to empower game developers to launch utility tokens for their games, facilitate crowdfunding for game development through token launches, and connect game developers with potential players and token holders. The Platform provides tools and services to help developers create game ecosystems while enabling users to engage with the projects they support.
2.2 Token Utility Requirement: All tokens launched through indie.fun must serve a genuine utility purpose within the proposed game. These tokens must not be structured or marketed as securities and must comply with all applicable laws and regulations. Game developers are required to clearly define and document the purpose and functionality of their tokens before launch, ensuring alignment with the intended game ecosystem.
3. User Eligibility
3.1 Age and Jurisdiction Requirements: To access and use the Platform, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher. By using the Platform, you represent and warrant that you meet these age requirements and have the legal capacity to enter into this agreement. Additionally, you agree to comply with all applicable laws, regulations, and restrictions in your location when using the Platform.
3.2 Restrictions on Participation: You may not access or use the Platform if you are located in, or are a citizen of, a jurisdiction where such access or use would violate any applicable laws or regulations. You further agree not to use the Platform if doing so would result in indie.fun, its affiliates, or any third party being in violation of any applicable laws or regulations. indie.fun reserves the right to restrict or terminate access to the Platform for users from certain jurisdictions as deemed necessary or appropriate.
3.3 Game Developer Eligibility: If you are a game developer seeking to launch a project on the Platform, you must:
- Have full rights, authority, and capability to develop, publish, and distribute your game.
- Certify that your game complies with all applicable laws and does not include gambling, misleading practices, or other inappropriate activities.
- Commit to implementing a genuine utility token that serves the purpose outlined in your project documentation and does not function as a security or investment vehicle.
- Ensure that your game, including all submitted materials, is original and does not infringe upon the intellectual property rights of any third party.
4. Game Developer Obligations
4.1 Project Requirements: Game developers are required to provide complete, accurate, and truthful information about their games and associated tokens throughout the development process. Developers must adhere to their proposed development roadmap and maintain open, clear, and consistent communication with token holders regarding project progress, any significant changes, or potential delays. All funds raised through the Platform must be used solely for game development and related purposes as outlined in the project documentation and communication. Developers are also obligated to ensure their games and associated tokens comply with all applicable gaming, token, and legal regulations.
4.2 Token Implementation: The creation, management, and implementation of tokens are the sole responsibility of game developers. Developers must ensure that tokens serve a genuine utility purpose within the game and are not structured, marketed, or treated as securities. Tokens must function as described in the project documentation, with their purpose and utility clearly defined. Developers are required to manage any third-party exchange listings or liquidity pools independently and comply with all relevant laws and regulations. Any changes to the token’s utility, functionality, or implementation must be promptly documented and communicated to token holders in a transparent and accessible manner.
5. Token Holder Rights and Responsibilities
5.1 Understanding Risks: Token holders acknowledge that participation in token launches and early-stage game development involves substantial risk. Tokens may fluctuate significantly in value, lose all value, or become unusable. Game development projects may not be completed as planned, and token utility or functionality may change over time. Additionally, trading options for tokens may be limited or unavailable. Token holders must carefully evaluate these risks and assess their financial circumstances before engaging in any activities on the Platform.
5.2 Token Holder Conduct
5.2 Token Holder Conduct: Token holders are required to use tokens solely for their intended utility within the corresponding game ecosystem. They must refrain from engaging in any activities that constitute market manipulation, including but not limited to artificial price inflation or coordinated trading schemes. Token holders must comply with all applicable laws, regulations, and these Terms. Any unauthorized token trading, exchange activities, or attempts to exploit the Platform’s features are strictly prohibited. Violations may result in suspension or termination of access to the Platform and potential legal action.
6. Platform Operations
6.1 Platform Rights: indie.fun retains the right to oversee, manage, and control Platform operations to ensure integrity and security. This includes the discretion to approve, reject, or remove any game or token launch that fails to meet our standards or violates these Terms. indie.fun may modify Platform features, update fees or requirements, and suspend or terminate user access to protect the interests of the Platform and its users.
6.2 Platform Limitations: indie.fun serves solely as a facilitator for game development and token launches and does not guarantee the value, liquidity, or success of any token or game. We do not provide investment, legal, or financial advice and bear no liability for disputes, losses, or damages arising from Platform use or interactions among users. All activities on the Platform are undertaken at the user’s sole risk.
7. Fees and Payments
7.1 Fee Structure: indie.fun implements a transparent fee structure for platform services and token launches. These fees are subject to modification with appropriate notice to users. All fees are clearly disclosed prior to any transaction or service utilization. Users should be aware that additional third-party fees may apply when engaging with external services, exchanges, or blockchain networks.
7.2 Payment Terms: All platform fees must be paid in advance of service utilization. Payments made to indie.fun are non-refundable unless otherwise required by applicable law. Users bear sole responsibility for any applicable taxes, duties, or other governmental assessments that may apply to their use of the platform or participation in token launches.
8. PLATFORM OPERATIONS
8.1 Platform Rights: indie.fun retains the right to oversee, manage, and control Platform operations to ensure integrity and security. This includes the discretion to approve, reject, or remove any game or token launch that fails to meet our standards or violates these Terms. indie.fun may modify Platform features, update fees or requirements, and suspend or terminate user access to protect the interests of the Platform and its users.
8.2 Platform Limitations: indie.fun serves solely as a facilitator for game development and token launches and does not guarantee the value, liquidity, or success of any token or game. We do not provide investment, legal, or financial advice and bear no liability for disputes, losses, or damages arising from Platform use or interactions among users. All activities on the Platform are undertaken at the user’s sole risk.
9. Intellectual Property
9.1 Ownership and Licensing of Game Developer IP: Game developers retain all rights, title, and interest in their brand and game-related intellectual property, including but not limited to artwork, characters, and gameplay mechanics. By submitting a game to the Platform, developers grant indie.fun a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free license to use, display, reproduce, modify, adapt, publish, and distribute the game and related content solely for Platform-related purposes, including but not limited to promotion, marketing, and distribution. This license is necessary to ensure the proper functionality of the Platform and to provide visibility for the submitted games. Developers warrant that all submitted materials are original and do not infringe on the intellectual property rights of any third party.
9.2 Ownership and Protection of Platform IP: All intellectual property rights related to the Platform, including but not limited to its design, software, user interfaces, content, trademarks, and trade secrets, remain the sole and exclusive property of indie.fun and its licensors. Users are granted a limited, non-transferable, non-sublicensable, and revocable license to access and use the Platform in accordance with these Terms. Any unauthorized use, reproduction, modification, or distribution of Platform-related intellectual property is strictly prohibited and may result in legal action.
10. Prohibited Activities
Users are strictly prohibited from engaging in activities that compromise the integrity, legality, or functionality of the Platform. This includes but is not limited to the following:
Submitting games that involve or promote gambling, illegal content, or any other prohibited activities under applicable laws and regulations. The Platform reserves the right to remove such content immediately and take further action if necessary.
Promoting tokens as investments, securities, or any other financial products. Tokens launched on the Platform must comply with all legal and regulatory requirements and serve a genuine utility purpose within the game ecosystem.
Providing false, misleading, or fraudulent information in connection with any activity on the Platform. Users are obligated to ensure that all representations made are accurate and truthful.
Engaging in market manipulation, including but not limited to coordinated trading schemes, artificial price inflation, or other abusive practices designed to exploit the Platform or its users.
Violating any applicable laws, regulations, or Platform rules. Users are expected to comply with these Terms and any additional policies or guidelines issued by indie.fun.
Any breach of these prohibitions may result in immediate suspension or termination of access to the Platform, removal of content, and potential legal action as deemed necessary by indie.fun.
10. Termination
10.1 Platform Termination Rights: indie.fun reserves the right to suspend or terminate access to the Platform for any user who violates these Terms, engages in activities contrary to applicable laws or regulations, or whose actions are deemed harmful to the integrity, security, or reputation of the Platform or its users. Such termination or suspension may be implemented with or without prior notice, depending on the circumstances, and indie.fun shall not be liable for any resulting losses or damages incurred by the user.
10.2 Consequences of Termination: Upon the termination of access to the Platform, whether voluntary or involuntary, users immediately forfeit all rights to access Platform services, including but not limited to ongoing projects, tokens, or associated features. No refunds or reimbursements shall be provided for any fees or payments made prior to termination. Users shall remain solely responsible for any tokens they hold and any obligations arising from their prior activities on the Platform. Termination of access shall not affect the validity or enforceability of any transactions completed prior to the termination date, nor shall it release the user from any ongoing obligations under these Terms.
11. Liability and Indemnification
11.1 Limitation of Liability: To the fullest extent permitted by applicable law, indie.fun’s liability under these Terms is strictly limited to the total amount of fees paid by the user to indie.fun for the use of the Platform. indie.fun shall not be held liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, business opportunities, or data, arising out of or related to the use or inability to use the Platform, user interactions, or third-party actions, even if indie.fun has been advised of the possibility of such damages. Users acknowledge that all activities conducted on the Platform are undertaken at their own risk.
11.2 Indemnification: Users agree to indemnify, defend, and hold harmless indie.fun, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(i) any breach or alleged breach of these Terms; (ii) any violation of applicable laws or regulations by the user; (iii) the user’s misuse or improper use of the Platform, including but not limited to any unauthorized activities; (iv) any disputes or claims arising from user interactions, including claims brought by third parties.
This indemnification obligation survives the termination or expiration of these Terms and continues to apply to any actions, omissions, or conduct occurring during the user’s access or use of the Platform.
12. Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Panama, without regard to its conflict of law principles. Users submit to the exclusive jurisdiction of the courts in this jurisdiction for resolution of any disputes arising from these Terms. Users expressly waive any right to participate in class action lawsuits or class-wide arbitration.
12.2 Dispute Process
Prior to initiating any legal action, users must provide written notice of any dispute and attempt to resolve the matter in good faith. If the dispute cannot be resolved through direct negotiation, it shall be submitted to binding arbitration conducted by a mutually agreed-upon arbitrator. All claims must be brought individually, and no class or representative actions are permitted.
13. Changes to Terms
indie.fun may update these Terms from time to time to reflect changes in our services, legal requirements, or platform operations. We will provide notice of material changes through the platform or via email. Continued use of the platform following such updates constitutes acceptance of the modified Terms.
14. Contact Information
Users may contact indie.fun for support or inquiries through our designated support channels. Our support team can be reached via email at [email protected] or through our TG at https://t.me/indiedotfun. Please include relevant account information and details when submitting any inquiries.
15. Definitions
For purposes of these Terms, the following definitions apply:
"Platform" means the indie.fun website, services, and associated systems.
"Token" means a digital asset created for use within a specific game ecosystem.
"Game Developer" means any person or entity that creates and publishes games through the platform.
"Token Holder" means any person or entity that owns or controls tokens launched through the platform.
"Utility Token" means a digital asset that serves a specific functional purpose within a game ecosystem and is not intended as a security or investment vehicle.
"Terms" means these Terms of Service, including any documents incorporated by reference.
These definitions form an integral part of these Terms and should be referenced for clarity in interpretation of all provisions herein.