Updated April 15 2023: Add direct link to Payoneer’s Terms of Service under Acceptable Payment Forms.

This Terms of Service Agreement (“Agreement”) is a legal document that outlinesand explains your rights and obligations as a user or publisher from Itch Corp.(“Company”). While you are encouraged to read through the Agreement carefully,a brief summary is provided above each section as a guide.

Terms of Service

1. Service

Summary This agreement concerns Itch Corp. You agree to these Terms of Service by using the service.

itch.io is a website, desktop application, and digital software and mediadistribution platform owned and operated by Itch Corp. (“itch.io” or“Service”). By registering an account and using the Service, you agree to bebound by the terms of this Agreement.

2. Users and Publishers

Summary If you download projects, you’re a User. If you upload projects, you’re a Publisher. Users must be 13 or older. Publishers must be at least 18 or have the legal right to enter into this agreement.

1. Users. If you register an account to purchase, download, or play games or other content from itch.io, you agree to be bound to the terms of this Agreement as a platform user (“User”). Users affirm that they are over the age of 13, as the Service is not intended for children under 13.
2. Publishers. If you register an account to sell, distribute, or publish games or other content on itch.io, you agree to be bound to the terms of this Agreement as a platform publisher (“Publisher”). Publishers affirm that they are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.

3. Acceptable Use

Summary Be excellent to each other! If you misbehave we may terminate your account.

itch.io aims to create a safe environment for users of the site and service.This requires a community that is built on goodwill and responsible behavior byits members. The posting of content or other actions that, in the Company’ssole discretion, degrades the experience of others may result in accounttermination without prior notice. Prohibited actions include but are notlimited to:

• Uploading viruses or malicious code or acting in any manner to restrict or inhibit any other user from using and enjoying the Service;
• Spamming or sending repeated messages, junk email, contests, surveys or any unsolicited messages;
• Posting unlawful, misleading, malicious, or discriminatory content;
• Bullying, intimidating, harassing, defaming, threatening others, or violating the legal rights (such as rights of privacy and publicity) of others;
• Posting content that promotes or participates in racial intolerance, sexism, hate crimes, hate speech, or intolerance to any group of individuals;
• Soliciting, harvesting or collecting information about others;
• Violating copyright, trademark or other intellectual property or other legal rights of others by posting content without permission to distribute such content;
• Hacking, maliciously manipulating, or misrepresenting itch.io’s interface in any way;
• Creating a false identity for the purpose or effect of misleading others; or
• Violating any applicable laws or regulations.

4. Publisher Content

Summary You allow us to promote your game with screenshots, cover-images,videos, and other promotional material you have provided. You affirm that youhave the right to upload and sell your content, and that itch.io and itsusers can use and/or purchase your content without violating anybody else’srights.

Publishers are solely responsible for the content they upload and distribute onitch.io. Publishers affirm, represent, and warrant that they own or have therights, licenses, permissions and consents necessary to publish, duplicate, anddistribute the submitted content. By submitting content to the Service fordistribution, Publishers also grant a license to the Company for all patent,trademark, trade secret, copyright or other proprietary rights in and to theContent for publication on the Service, pursuant to this Agreement. The Companydoes not endorse copyright infringing activities or other intellectual propertyinfringing activities and violations of may result in the removal of content ifthe Company is notified of such violations. Removal and termination of accountsmay occur without prior notice.

Publishers retain all ownership rights to the submitted content, and bysubmitting content to the Service, Publishers hereby grant the following:

• To the Company, a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service, including without limitation for promoting, redistributing in any and all media formats. If you choose to remove your content from the Service, this license shall terminate within a commercially reasonable time after you remove your content from the Service.
• To Users, a non-exclusive, perpetual license to access the content and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service. Users shall retain a license to this content even after the content is removed from the Service.

5. User Generated Content

Summary You agree to let us display content you have uploaded to yourprofile, written in a comment, left in a review, etc. If you terminate youraccount you can request to have your content deleted.

itch.io provides interfaces and tools for Users to generate content and make itavailable to other users, including ratings, reviews, profile images, banners,and others (“User Generated Content” or “UGC”). By uploading or creating suchUGC, you grant to Company the worldwide, non-exclusive, perpetual, royalty freelicense to use, reproduce, create derivative works, display, perform anddistribute for the UGC.

6. Digital Millennium Copyright Act

Summary If you believe one of the Publishers has violated your copyright,please let us know about your complaint with the required information so wecan address the complaint. If you think a complaint was filed in error, youcan also contact us to address your concerns.

Copyright owners or authorized agents who believe that any content on theService infringes upon their copyrights may submit a notification pursuant tothe Digital Millennium Copyright Act (“DMCA”) by providing us with thefollowing information in writing (for further detail, please see 17 U.S.C.512©(3)):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

DMCA notices may be directed tosupport@itch.io. You acknowledge thatfailure to comply with the requirements of this section may invalidate yourDMCA notice.

Counter Notice

If you believe your removed content does not infringe, or if you haveauthorization from the copyright holder, the holder’s agent, or pursuant tolaw, you may send a counter-notice containing the following information:

• Your physical or electronic signature;
• Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, Company may send a copy to the originalcomplaining party informing them the content may be replaced or removed in 10business days. Unless the copyright holder files an action seeking a courtorder against the Publisher or User, the removed content may be replaced in 10to 14 business days or after receipt of the counter-notice, at Company’s solediscretion.

7. Acceptable Payment Forms

Summary You need to comply with PayPal, Stripe and any of our otherpayment processor’s acceptable use policies if you are utilizing thoseservices. You agree to pay for something when you enter your paymentinformation. You are the authorized user of any payment information youenter.

Publishers who distribute content on the Service for a are subject to theacceptable use policies of the Company’s third party payment providers andprocessors, including but not limited to Stripe and PayPal. You can review theacceptable use policies for our most common payment processors:

• PayPal
• Stripe
• Payoneer

When you provide payment information to the Company or one of its paymentproviders, you represent that you are the authorized user of the card, PIN, keyor account associated with that payment, and you authorize the Company tocharge your credit card or process your payment with the chosen paymentprovider.

8. Transactions and Fees

Summary Publishers can set their own prices for their games (or even makethem free). If you do sell your game, itch.io will be entitled to a share(that you set) and may be required to withhold an amount of the sales fortax, VAT and other charges.

Publishers may set the prices, at their own discretion, for their content andproducts to be sold through the Service (each sale, a “Transaction”). TheCompany shall be entitled to a share of the revenue Publishers receive fromTransactions which shall be calculated on the gross revenue from theTransactions, not including any Transactions for which Publisher or Companyprovides a refund in accordance with the transaction configuration onPublisher’s account (the “Revenue Share”). Publishers may also configuretransactions to provide for a portion of revenue to be directed towards aselected charity under the Publisher’s transaction configuration. ForTransactions, Company will collect the purchase price and any applicable feesand taxes through its payment providers, and will pay to Publisher the proceedsnet of the applicable Revenue Share, payment provider fees, and applicabletaxes, VAT, duties, charges or levies. The Company may withhold any taxes,duties, charges or levies on payments by Company to Publisher pursuant to thisAgreement, as may be required by applicable law, rule or regulation, and submitsuch withheld taxes, duties, charges or levies to the appropriate taxauthority. Use of IP proxies or other methods to disguise your place ofresidence, whether to circumvent geographic restrictions on content, topurchase at a price not applicable to your geography, or for any other purpose,is a violation of this Agreement.

9. Refunds

Summary You may be eligible for a refund if the product does not work ordoes not represent what was advertised. Pleasecontact support forhelp.

Users may request, and Company may process, refund requests if the purchasedcontent cannot run, some other issue prevents access to the content, or theproduct does not accurately represent what was advertised. For technicalissues, Company will direct users to the Publisher to first try to resolve suchissues. To request a refund, pleasecontact support with yourpurchase information. For content selling third party external keys (e.g. Steamkeys), Company may require the Publisher to confirm cancellation of the keybefore a refund can be processed due to the Company’s inability to disableaccess. Some Publishers utilizing older payment methods are responsible forhandling refunds themselves. If you are uncertain about refund eligibility,pleasecontact support.

10. Unclaimed Earnings In Publisher Accounts

Summary If you don’t withdraw earnings from your account older than ayear, we may charge a maintenance fee proportional to any unclaimed moneyolder than a year left in your account. Itch.io is not a bank, so you need toclaim your earnings in a timely manner. If you need Itch.io to withholdunclaimed payments longer than 12 monthscontact support.

Publisher accounts receiving Payouts from the Company are subject to amaintenance fee for unclaimed transactions. Payouts from the Company areissued when the Company is the Merchant of Record.

Accrued revenue from transactions initiated over twelve (12) months ago thathas not been claimed for withdrawal may be subject to a maintenance fee.Company reserves the right to debit your Publisher account balance per month:

• Ten percent (10%) of the original revenue earned per purchase older than twelve (12) months

until your balance reaches zero or you initiate a withdrawal for the remainderof the balance. Publisher accounts may request to delay this fee bycontactingsupport and expressing their intent to claim at a determined time inthe future.

In simple English, this means that after 1 year, if you haven’t initiated apayout for the earnings of a purchase, 10% of it will be debited from youraccount per month. After 10 months you will no longer be able to claim any ofthat purchase.

The maintenance charge will not cause your account balance to become negativeand will not cause you to owe money to the Company.

Publisher accounts with purchases initiated before the publish date of thisclause (May 24, 2018), have a six month grace period (until November 24, 2018)where the maintenance fee will not be applied.

11. Warranty Disclaimer

YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR OWN RISK. THE COMPANY, ITSOFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (“AFFILIATES”) DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USETHEREOF TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY MAKES NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, THE SITE’SCONTENT, OR THE CONTENT OF ANY PUBLISHER LINKED TO THIS SITE AND ASSUMES NOLIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OFCONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVERRESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, © ANY UNAUTHORIZEDACCESS TO OR USE OF OUR SERVICES, SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTIONOR CESSATION OF ACCESS TO OUR SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES,OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRDPARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANYDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANYHYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THECOMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANYTRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY OR ITSAFFILIATES SHALL BE LIABLE IN ANY WAY FOR YOUR LOSS OR DAMAGE OF ANY KINDRESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, YOUR ACCOUNT, OR YOURPURCHASED/SUBMITTED CONTENT, INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL,WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIALDAMAGES OR LOSSES. IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FORANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARYDAMAGES, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ITCH.IO,THE SERVICES, OR THE CONTENT, EVEN IN THE EVENT OF THE COMPANY’S OR ITSAFFILIATES’ FAULT, TORT (EXCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OFCOMPANY’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDYFAILS TO PROVIDE ADEQUATE RECOMPENSE. AS SOME STATES OR JURISDICTIONS DO NOTALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF THE COMPANY ANDITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

13. Term and Termination.

Summary Users can terminate their account at any time, but are notentitled to a refund because of such termination. Publishers can terminate atany time as well, and itch.io will comply with removing submitted content andwinding up outstanding payments. Certain sections of the Terms of Servicerelating to how the agreement is interpreted and administered will stillapply, even if you terminate your account.

• Term. The term of this Agreement commences on the date you first register an account and will continue in effect unless otherwise terminated in accordance with this Agreement.
• Termination by Users. Users may terminate their account at any time. You may cease to use your account, or if you so choose, may request that the Company terminate your access to your account. User accounts may not be transferred, sold, or assigned to a third party, and such actions may result in account termination. User account termination does not entitle the user to a refund.
• Termination by Publishers. Publishers may terminate their account at any time. Publishers may request the removal of content and final payment of outstanding Transaction balances, and the Company will comply within a commercially reasonable time. The Company may retain a percentage of the outstanding Transaction balance at Company’s sole discretion in case of refunds, fees, or other payment issues.
• Survival. Sections 4, 5, 8, 9, 11, 12, 14, 15, 16, and 18 will survive any expiration or termination of this Agreement.

14. Governing Law/Jurisdiction

Summary This agreement is under California law, and all disputes are tobe addressed in San Francisco, California.

The internal laws of the State of California shall govern this Agreementwithout giving effect to the choice of law rules thereof. Each partyirrevocably and unconditionally submits to non-exclusive jurisdiction of thestate and federal courts in the city of San Francisco, California, and theappropriate courts of appeal from such courts for any other matter concerningthis Agreement. You agree that the Service shall be deemed solely based inCalifornia, is a passive website, and does not give rise to personaljurisdiction over Company, either specific or general, in jurisdictions otherthan California.

15. Class Action Waiver

Summary No dispute related to these Terms of Service may be consolidated into a class action.

YOU AND COMPANY AGREE NOT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, ORREPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVEARBITRATION, EVEN IF ARBITRATION PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE.You and Company also agree not to seek to combine any action with any otheraction without the consent of all parties to this Agreement and all otheractions.

If the agreement in this Section not to bring or participate in a class,collective or representative action, private attorney general action orcollective arbitration should be found illegal or unenforceable, you andCompany agree that it shall not be severable, that this entire Section shall beunenforceable and any claim or dispute would be resolved in court and not in aclass or collective action.

16. Indemnity

Summary You agree to pay for any of itch.io’s damages and costs if yourgame or actions causes damage to a third party.

To the extent permitted by applicable law, you agree to defend, indemnify andhold harmless Company and its Affiliates, from and against all claims, damages,obligations, losses, liabilities, costs, debt, or expenses (including but notlimited to attorneys’ fees) arising from: (a) your use and access of theservice; (b) your violation of any term of this Agreement; © your violationof any third party right, including without limitation any copyright,trademark, property or privacy right; (d) any claim that your submitted contentcaused damage to a third party.

17. Assignment

Summary You are not allowed to assign this agreement, but Itch.io canassign this agreement.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

18. Miscellaneous

These Terms of Service, together with thePrivacyPolicy and any other legal noticespublished by Company on the Service, shall constitute the entire agreementbetween you and Company concerning the Service. If any provision of thisAgreement is deemed invalid by a court of competent jurisdiction, theinvalidity of such provision shall not affect the validity of the remainingprovisions of these Terms of Service, which shall remain in full force andeffect. No waiver of any term of this Agreement shall be deemed a further orcontinuing waiver of such term or any other term, and Company’s failure toassert any right or provision under this Agreement shall not constitute awaiver of such right or provision. Company reserves the right to modify andamend these Terms of Service at any time and without notice, and it is yourresponsibility to review these Terms of Service for any changes. Your use ofthe Service following any amendment of these Terms of Service will signify yourassent to and acceptance of its revised terms. Headings and the simplifieddescription of sections are provided for convenience and shall not affect theinterpretation of this Agreement. YOU AND COMPANY AGREE THAT ANY CAUSE OFACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1)YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION ISPERMANENTLY BARRED.