Terms of Service

1. What spiced.gg is

spiced.gg is a marketplace for browser games. Independent developers publish games here, players play them directly in the browser with nothing to install, and the platform hosts and serves the games on the developers’ behalf.

spiced.gg is a product of Kinetic Flux, LLC. Kinetic Flux, LLC is the party you are agreeing with here.

In these terms:

• spiced.gg, we, us: Kinetic Flux, LLC, which operates this site.
• You: whoever is reading, in whichever of the roles below applies at the time.
• Developer: an account that publishes games here.
• Player: an account that plays them.
• Game: a build a developer uploads, together with its listing (cover art, screenshots, description) and anything sold inside it.
• Spice: the platform’s own reward. It is earned by playing, and spent on games, on items inside them, or given to the developer of a free game. What players spend on or give to a game goes to its developer’s balance. It has no cash value, and it cannot be bought, sold, traded, or cashed out.

2. Agreeing to these terms

By creating an account, publishing a game, buying something, or otherwise using spiced.gg, you agree to these terms. If you do not agree to them, do not use the platform.

Four other pages are part of this agreement:

• The Privacy Policy, for what we collect and why.
• The Content Policy, for what a game and its listing may contain.
• The AI Content Policy, for games made with generative tools.
• The Refund Policy, for refunds.

Where one of those pages covers something in more detail than this one does, the detail applies.

3. Your account

You need to be old enough to enter a binding agreement where you live. If you are not, you may use spiced.gg only with a parent or guardian involved, and only where that is allowed.

spiced.gg is not for children under 13. We do not ask for your age or date of birth; if you are under 13, do not create an account. Getting paid as a developer goes through Stripe, which asks for a date of birth and requires an adult.

You are responsible for what happens through your account. Keep your password to yourself, turn on two-factor where your account offers it, and do not let anyone else sign in as you. If you think somebody else has got in, tell us through the contact form and we will help you shut it down.

Keep what is on your account accurate. For a developer that includes the listing details players read before they buy.

4. Developer content

A developer who publishes a game keeps ownership of it and everything in it.

Publishing a game grants spiced.gg a non-exclusive, worldwide, royalty-free licence to store, copy, cache, back up, transmit, host, serve, and display that game and its assets to players, to deliver it to the people who acquire it, and to use its cover art, screenshots, description, and gameplay footage, including video recorded from the game, in the platform’s own promotion of it. That licence may be passed on to the service providers used to run the platform, such as hosting, content delivery, and payments, and it is limited to operating and promoting spiced.gg. It does not let us sell your game on terms you did not set.

The licence lasts as long as the listing stays published. It ends when the listing is archived or the account is removed, except as set out in section 5. An archived game and its media are kept for 90 days so the listing can be restored, and the licence covers that copy until it is deleted. Any other copy is kept only as long as deleting it takes.

By publishing a game, you are telling us that:

• you own the game or otherwise hold the rights to it, and you have the authority to grant the licence above;
• you have the rights or permissions you need for everything in it that somebody else made, including art, music, fonts, sound, and code you did not write;
• it contains no malware and nothing built to damage a player’s device or the platform;
• what the listing says about the game is accurate, including its content rating and its AI disclosure.

If any of that stops being true, take the game down or tell us.

5. When a developer leaves

A developer can ask us to close their account at any time, including deleting their personal data, through the contact form. We will not refuse that request because a game has sold copies.

Where copies of a game have been sold, the developer grants the platform a non-exclusive, irrevocable, royalty-free licence to keep hosting and serving that game to the accounts that bought it before the account closed, and for that purpose only: no new sales, no promotion, and no public listing. That licence survives the closure of the developer’s account and the deletion of their personal data, and we will remove the developer’s name and other identifying details from the game’s presentation.

When a developer closes their account, their games are delisted straight away and we contact them with an offer to assign the game to the platform. They are free to decline or ignore it.

• If they assign it, the platform takes over the game and it stays available to everyone who bought it. Assignment is a separate signed agreement, not a term of this one.
• If they do not, the game shuts down 90 days after the account closes.

If you bought a game that shuts down this way, you keep access for those 90 days and we will tell you before it ends. If you want a refund, write to us.

Games are sold by their developers, so a refund is issued by the developer. Where a game is wound down and its developer cannot be reached, we handle it.

6. Content and conduct

Games and listings have to follow the Content Policy, and a game built with generative tools also has to follow the AI Content Policy. Breaking either one breaks these terms.

Whichever way you use the platform, do not:

• Work around the platform’s technical, geographic, account, payment, bandwidth, or other limits.
• Collect personal information from players without a lawful basis for it, or against the privacy law that applies to them.
• Use the platform to break the law, or to help somebody else break it.
• Interfere with the platform’s own systems, other listings, or other developers.

Several things here are granted once per account: included bandwidth, free listings, founding terms, and what a player can earn. Holding more than one account to take any of them more than once is not allowed, and publishing each game from a new developer account is the case we look for.

Also not allowed:

• Inflating a game’s plays, votes, ratings, leaderboard scores, or earnings, whether by extra accounts, automation, or paying other people to do it.
• Buying your own game, or arranging purchases, to move it up the charts.
• Sharing or reselling accounts, or opening a new one after being suspended.

If you are unsure whether something crosses this line, ask us first: an honest mistake sorted out in advance is not misconduct.

7. Buying things

Who you are buying from depends on what you are buying:

• A game, an item inside one, or a donation to a free game is between you and that developer. They set the price and they are the merchant of record. spiced.gg arranges the payment and takes a fee from it.
• A Spiced Plus membership, a bandwidth pack, or promotion credit is between you and spiced.gg.

Card payments are processed by Stripe, and card details never reach spiced.gg. Stripe’s own terms cover Stripe’s part of it.

Memberships and bandwidth packs renew automatically. Both are billed monthly, at the price and interval shown before you buy, and they keep renewing until they are cancelled. You can cancel a membership yourself on the membership page at any time, and a bandwidth pack yourself on the subscriptions page: each runs to the end of the period you have already paid for, and nothing further is charged.

Refunds are covered by the Refund Policy.

A developer is responsible for their own taxes, tax reporting, business registration, and anything else that comes with selling through spiced.gg.

8. Fees, allowances, and limits

The platform fee, the bandwidth included with an account, how many free listings an account can hold, the size and price of bandwidth packs, membership prices, and the rates at which Spice is earned are all set by spiced.gg and can change when running the platform requires it. The current figures are the ones shown on the page that describes each one; for developers that is the Pricing page.

A change applies from the day it takes effect and not before. It does not alter the fee on a sale that has already happened, the price of something already paid for, or a game a player already bought. Where the change is to the price of something billed monthly, the new price starts at the next renewal, and the subscription can be cancelled before then.

Founding terms are the exception. A founding developer’s platform fee, included bandwidth, and free listing allowance are fixed for that account for as long as it exists and stays in good standing.

9. Suspension, removal, and leaving

Most problems are mistakes, and a mistake gets a chance to be fixed: we tell you what is wrong and ask you to put it right.

Deliberate abuse is different. An account found doing anything in section 6 is suspended, and repeated or deliberate cases are banned permanently, along with any further accounts the same person opens. We may also remove a listing, hide or delete plays, votes, ratings, and leaderboard entries that were manipulated, and where the abuse produced money or Spice, we reverse it.

We may correct a listing’s details, price or category, or hide it from the catalog and search while it stays playable at its own address. We tell the developer what changed and why.

A developer may archive their own listing, which takes it out of the catalog, unless it has taken payments. Removing a listing that sold is arranged with us, so the people who bought it keep their access. Removing a listing does not undo anything a player already did with it.

A rejected listing can be appealed from the game’s Overview page. Anything else, a suspended account included, goes through the contact form.

You can close your own account whenever you want, through the same form. Section 5 covers what happens to a game that sold copies.

10. Privacy

What we collect, why we collect it, how long it is kept, and what you can ask us to do with it are in the Privacy Policy, which is part of this agreement.

11. No warranty

The platform is provided as-is, without warranty of any kind, to the extent the law allows. There is no guarantee of uptime, availability, or that any game will keep working exactly as it does today.

Games are made by the developers who publish them, not by us. Every game is reviewed before it goes up, but reviewing something is not endorsing it and it is not a promise that it works.

Some places do not allow warranties to be excluded. Where that is so, this section applies as far as it is allowed and no further.

12. Limits on liability

To the extent the law allows, spiced.gg is not liable for indirect, incidental, special, or consequential damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption, even where we were told they were possible.

For everything else, our total liability on any claim is limited to whichever is greater of what you paid spiced.gg in the twelve months before the claim arose, and $100. Money you paid a developer for their game went to them, not to us, so for most players the $100 is the figure that applies.

None of this limits liability for fraud, for deliberate misconduct, for death or personal injury caused by negligence, or for anything else that cannot be limited by law.

13. If someone sues us over your game

If you publish games here, you agree to defend spiced.gg against a third-party claim arising from your game, its listing, anything you submitted with it, your infringement of somebody else’s rights, your breach of these terms, or your unlawful conduct, and to cover what that claim costs us, including reasonable legal fees.

We will tell you about a claim promptly, let you run its defence if you want to, and not settle one without asking you first.

14. Disputes and governing law

These terms are governed by the law of the State of California, without regard to its conflict-of-law rules.

If something goes wrong, tell us first. Send it through the contact form and give us 60 days to sort it out.

If it does not end there, either of us may take the dispute to the state or federal courts of California, and we both agree those courts have jurisdiction. Two exceptions: either of us may bring a qualifying claim in small claims court instead, and either of us may ask any court for an order stopping infringement or misuse of intellectual property.

There is no arbitration clause on this page, and no waiver of your right to take part in a class action.

15. Changes to these terms

These terms will change as the platform does.

A change applies from the effective date at the top of this page and not before. Using spiced.gg after that date means you accept it. If you do not accept it, stop using the platform, and close your account if you want to. Changes to prices and allowances have their own rule, in section 8.

16. The rest

• The whole agreement: this page and the four policies named in section 2 are the whole agreement between us about the platform, and they replace anything said before.
• If part of it fails: if any part of this is unenforceable, the rest still stands.
• Not enforcing something: letting something go once does not give up the right to enforce it later.
• Transfers: we may transfer this agreement to whoever takes over the platform. You may not transfer yours without asking us.
• Things outside anyone’s control: neither of us is liable for a delay caused by something genuinely outside our control.
• Getting in touch: we may reach you at the email address on your account or by a message on the platform. You reach us through the contact form.
• What outlives the agreement: the licence in section 5, and sections 11 through 14 and this one, carry on after it ends.