End User License Agreement

Indie Gems, LLC · Last updated 31 August 2026

This End User License Agreement (this “EULA”) is a supplemental license agreement between you and Indie Gems, LLC (the “Company,” “we,” “us,” or “our”) governing your right to download, install, access, stream, launch, play, display, and use the games, game software, game-related content, updates, downloadable content, features, and related digital content made available through or in connection with the website located at https://gemarcade.com (the “Site”), the mobile application known as Gem Arcade (the “App”), and related online services made available through or in connection with the Site or the App (collectively, together with the Site and the App, the “Services”).

Please read this EULA carefully. By clicking “Accept,” or downloading, installing, accessing, streaming, launching, playing, updating, or otherwise using any game or game-specific content made available through the Services, you agree to be bound by this EULA. If you do not agree to this EULA, you may not download, install, access, stream, launch, play, update, or use any applicable game or game-specific content.

This EULA supplements the Gem Arcade Terms of Service (the “Terms of Service”). The Terms of Service govern your User Account, storefront access, purchases, payment processing, refunds, reporting, enforcement, and platform-level conduct. This EULA governs your license to install, download, access, play, stream, update, and use games, game software, Company Content, and game-specific content and features provided through the Services. If this EULA conflicts with the Terms of Service, this EULA controls solely with respect to license scope, ownership, intellectual property rights, game software, game-specific restrictions, anti-cheat, game integrity, updates, downloadable content, and termination of the game license. The Terms of Service control with respect to the Services, User Accounts, purchases, payments, dispute resolution, and platform-wide terms.

1. Definitions.

Capitalized terms used but not defined in this EULA have the meanings given to them in the Terms of Service. For purposes of this EULA: (A) “Games” means the video games made available by the Company through or in connection with the Services; (B) “Game Content” means Games, game software, updates, patches, downloadable content, game-related artwork, audiovisual content, music, sound effects, characters, stories, worlds, game mechanics, user interfaces, achievements, saved progress, events, seasons, and game-specific features; and (C) “Company Content” has the meaning given in the Terms of Service and includes Game Content.

2. Eligibility; User Accounts.

Eligibility, User Account creation, User Account security, parental consent, parental supervision, and general registration requirements are governed by the Terms of Service. To the extent a User Account, parental consent, age verification, platform authentication, or acceptance of Supplemental Terms is required to access or use any Game or game-specific feature, your license under this EULA is conditioned on your continued compliance with those requirements.

3. License Grant.

Subject to your compliance with this EULA, the Terms of Service, any applicable Supplemental Terms, platform rules, and applicable law, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, access, stream, launch, display, play, and use the Games, Game Content, Company Content, and game-specific features solely for your personal, non-commercial entertainment purposes through the Services and on compatible devices. The Games, Game Content, Company Content, and any virtual items or similar game-related digital benefits that the Company may make available are licensed, not sold. No title, ownership interest, or other rights are transferred to you.

4. Ownership; Intellectual Property.

The Company owns and retains all right, title, and interest in and to the Games, Game Content, Company Content, App, Services, Marks, and all related intellectual property rights, including copyrights, trademarks, trade secrets, patents, moral rights, database rights, and other proprietary rights. Except for the limited license expressly granted in this EULA, the Company reserves all rights in and to the Games, Game Content, Company Content, and related intellectual property. You may not remove, alter, obscure, or interfere with any copyright, trademark, attribution, proprietary notice, or legal notice included in or with any Game, Game Content, Company Content, or the Services.

5. License Restrictions.

Except as expressly permitted by this EULA, the Terms of Service, Supplemental Terms, or applicable law, you may not and may not assist, encourage, or permit any other person to: (A) copy, reproduce, distribute, publicly perform, publicly display, sell, rent, lease, sublicense, assign, transfer, or otherwise exploit any Game, Game Content, Company Content, virtual item or similar game-related digital benefit made available by the Company, or access right; (B) modify, adapt, translate, create derivative works from, decompile, disassemble, reverse engineer, or attempt to derive source code, object code, algorithms, protocols, underlying ideas, or non-public information from the Games or Services; (C) use cheats, exploits, bots, automation, unauthorized scripts, macros, hacks, emulators, data mining tools, packet interception, or similar tools or methods; (D) interfere with, disrupt, overload, damage, or gain unauthorized access to any Game, server, network, account, system, security measure, anti-cheat system, authentication measure, digital-rights-management technology, access control, age-gating, or usage restriction; (E) sell, transfer, broker, share, lease, license, or commercially exploit any User Account, game access, saved progress, virtual item or similar game-related digital benefit made available by the Company, entitlement, or in-game benefit outside Company-authorized functionality; (F) use the Games or Game Content for esports events, tournaments, location-based entertainment, public performance, commercial streaming, promotional campaigns, advertising, artificial intelligence or machine learning training, or other commercial purposes without the Company’s express written consent; or (G) use the Games, Game Content, or Services in any manner that violates applicable law, this EULA, the Terms of Service, Supplemental Terms, community standards, or instructions provided by the Company.

6. Game Purchases.

Game Purchases, payment processing, refunds, cancellations, chargebacks, parental responsibility for purchases, and purchase-related disclosures are governed by the Terms of Service, any applicable refund policy, and applicable law. If and to the extent the Company makes available any Game Purchases, downloadable content, expansions, additional levels, virtual items, in-game benefits, rewards, events, seasons, or other game-related digital content, such content provides only a limited license for use through the Services and does not transfer ownership or property rights. Any virtual items or similar game-related digital benefits made available by the Company have no monetary value, cash value, stored value, or equivalent value outside the Services, may not be redeemed for money, and may not be sold, transferred, traded, or exchanged except through Company-authorized functionality. The Company may modify, rebalance, suspend, revoke, discontinue, or remove any virtual items or similar game-related digital benefits, downloadable content, progression systems, rewards, events, seasons, features, or other game-related content that it makes available where it determines that doing so is appropriate for legal, security, fraud-prevention, child-safety, technical, operational, game-balance, compliance, or business reasons, subject to applicable law and any express refund rights described in the Terms of Service or applicable refund policy.

7. Online Features; Updates; Availability.

Certain Games and game-specific features may require a User Account, internet access, compatible hardware, compatible software, sufficient bandwidth, parental consent, platform authentication, acceptance of Supplemental Terms, or active access to Company servers. Online features, multiplayer features, leaderboards, achievements, saved progress, downloadable content, updates, events, seasons, modes, and other game-specific features may not be available in all territories or at all times. The Company may provide updates, patches, hotfixes, upgrades, compatibility changes, balance changes, safety changes, additional content, feature modifications, or removals from time to time. Some updates may be required to continue using a Game or feature, and you authorize the Company and applicable platforms to deploy and install updates automatically where permitted by your device, platform, or settings.

8. Game Integrity; Player Conduct.

You must use the Games, Game Content, and Services in a fair, lawful, safe, and responsible manner. You may not compromise game integrity, security, child safety, fair play, matchmaking, rankings, rewards, achievements, anti-cheat systems, authentication systems, access controls, or the intended operation of any Game or feature. Conduct rules, User Content rules, Interactive Feature rules, reporting, moderation, enforcement, and appeal or complaint mechanisms are governed by the Terms of Service, this EULA, Supplemental Terms, applicable community standards, platform rules, and applicable law.

9. User Content; Feedback.

User Content is governed by the Terms of Service. To the extent you submit gameplay clips, screenshots, comments, reviews, drawings, messages, bug reports, gameplay ideas, feature requests, or other game-related submissions through or in connection with the Games or Services, you grant the Company the rights described in the Terms of Service and any additional rights reasonably necessary to operate, provide, moderate, secure, improve, promote, support, and enforce the Games, Game Content, and Services. If you provide ideas, suggestions, requests, recommendations, bug reports, gameplay concepts, or other feedback relating to any Game, Game Content, Company Content, or the Services, the Company may use, modify, commercialize, and exploit that feedback without compensation, attribution, restriction, or obligation to you, as further described in the Terms of Service.

10. Streaming; Fan Content; Community Activities.

Unless the Company provides written permission or applicable published guidelines allow otherwise, this EULA does not grant rights to commercially exploit Company Content, operate tournaments, sell merchandise, create derivative works, publish mods, use Company Marks, or use any Game or Game Content in a manner that suggests sponsorship, endorsement, or affiliation with the Company. The Company may publish separate fan content, livestreaming, tournament, creator, modding, or community guidelines and may revoke permissions where an activity violates this EULA, the Terms of Service, applicable guidelines, applicable law, child-safety requirements, brand standards, monetization requirements, or community standards.

11. Privacy; Children’s Privacy.

The Company’s collection, use, disclosure, and protection of personal information are governed by the Privacy Policy and, as applicable, the Terms of Service. This EULA does not replace those documents. Gameplay data, device information, crash logs, diagnostic information, security signals, anti-cheat signals, account information, parental-control information, and other information collected in connection with the Games, Game Content, or Services will be processed as described in the Privacy Policy. The Services may include anti-cheat, fraud-prevention, security, integrity, and diagnostic technologies that monitor the operation of the Games, Services, and your device environment for unauthorized software, tools, processes, modifications, or activity that may interfere with game integrity, security, fair play, or the intended operation of the Games or Services. These technologies may collect and transmit related information to the Company, including account identifiers, device and system information, detected software or processes, gameplay and session information, timestamps, crash or diagnostic data, and other information reasonably necessary to detect, prevent, investigate, or enforce against cheating, fraud, misuse, unauthorized access, or violations of this EULA, the Terms of Service, or applicable rules, in each case as described in the Privacy Policy and subject to applicable law.

12. Third-Party Platforms; Apple Device Terms.

The Games, App, and Services may be distributed through or used with third-party app stores, platforms, consoles, operating systems, devices, payment processors, social platforms, network services, analytics providers, cloud hosting providers, authentication providers, parental-control tools, customer-support tools, ratings services, or age-assurance tools. Your use of those third-party products and services may be subject to separate terms and privacy policies. The Company is not responsible for third-party platforms, app store billing decisions, network availability, device limitations, or third-party terms except to the extent required by applicable law. If you use the App on an Apple device, the Apple-related terms in the Terms of Service apply to this EULA and are incorporated by reference.

13. Beta, Early Access, and Test Features.

The Company may offer alpha, beta, early access, preview, experimental, or test versions of Games, Game Content, or game-specific features. Those versions may be incomplete, unstable, unavailable, changed, reset, or discontinued at any time. You may be required to keep non-public beta information confidential and to provide feedback, bug reports, diagnostic information, or other information as a condition of participation. Unless expressly stated otherwise by the Company, access to any beta, early access, preview, experimental, or test feature does not entitle you to compensation, refund, continued access, final release access, or any specific content, feature, or functionality.

14. Suspension; Termination.

This EULA begins when you accept it or download, install, access, stream, launch, play, update, or otherwise use any Game, Game Content, Company Content, or game-specific feature and continues until terminated. Suspension, restriction, or termination of your User Account or access under the Terms of Service may also suspend or terminate the license granted under this EULA. The Company may suspend, restrict, revoke, or terminate your license, game access, saved progress, any virtual items or similar game-related digital benefits made available by the Company, Game Content, or game-specific features if the Company reasonably believes that you violated this EULA, the Terms of Service, Supplemental Terms, applicable law, game rules, or community standards, or if your conduct creates legal, security, fraud, child-safety, game-integrity, operational, or reputational risk. Upon termination, the license granted to you ends immediately, and you must stop using and, where applicable, delete or uninstall any Games, Game Content, Company Content, or copies in your possession or control. Provisions that by their nature should survive will survive termination, including ownership, restrictions, payment obligations, disclaimers, limitation of liability, indemnity, dispute resolution, and miscellaneous provisions.

15. Warranty Disclaimer; Limitation of Liability.

The warranty disclaimers, limitations of liability, non-waivable consumer-rights savings language, and related exclusions in the Terms of Service apply to this EULA, the Games, Game Content, Company Content, any virtual items or similar game-related digital benefits made available by the Company, updates, downloadable content, online features, and game-specific features. Without limiting the Terms of Service, the Games, Game Content, Company Content, any virtual items or similar game-related digital benefits made available by the Company, and game-specific features are provided “as is,” “as available,” and “with all faults” to the maximum extent permitted by applicable law, and the Company does not guarantee uninterrupted operation, error-free performance, compatibility, preservation of saved progress, availability of particular servers or features, achievement of any game outcome, continued access to any Game or Game Content, or the availability, value, or characteristics of any virtual item or similar game-related digital benefit made available by the Company.

16. Indemnity.

The indemnity provisions in the Terms of Service apply to this EULA, the Games, Game Content, Company Content, any virtual items or similar game-related digital benefits made available by the Company, updates, downloadable content, and game-specific features. Without limiting the Terms of Service, you agree to defend and indemnify the Company and the other indemnified parties described in the Terms of Service from and against claims, liabilities, damages, losses, and expenses arising out of or relating to your use or misuse of the Games or Game Content, your violation of this EULA, your User Content, your infringement or misappropriation of third-party rights, your fraud or misconduct, unauthorized purchases or chargebacks made through your User Account, device, child profile, or payment method, or any use of the Games or Services by a minor under your supervision or through your User Account, device, child profile, or payment method, except to the extent indemnification is prohibited by applicable law or the claim results from the Company’s own negligent conduct as described in the Terms of Service.

17. Export; Sanctions; Legal Compliance.

You must comply with all applicable laws and regulations in connection with the Games, Game Content, Company Content, any virtual items or similar game-related digital benefits made available by the Company, App, and Services, including export control, sanctions, consumer protection, privacy, intellectual property, child-safety, and online-safety laws. You may not access or use the Games, Game Content, Company Content, or Services if you are located in, ordinarily resident in, or acting on behalf of any person or entity in a jurisdiction subject to applicable embargoes or sanctions, or if you are otherwise prohibited from receiving the Games, Game Content, Company Content, or Services under applicable law.

18. Copyright and Intellectual Property Complaints.

Copyright and intellectual property complaints are governed by the DMCA Policy and related intellectual property complaint procedures in the Terms of Service. The Company may remove or disable access to allegedly infringing content and may terminate repeat infringers where appropriate and in accordance with applicable law.

19. Dispute Resolution; Governing Law.

The governing law, venue, arbitration, class action waiver, informal dispute resolution, jury trial waiver, limitation period, opt-out procedure, exceptions to arbitration, and other dispute-resolution terms in the Terms of Service apply to disputes arising out of or relating to this EULA, the Games, Game Content, Company Content, any virtual items or similar game-related digital benefits made available by the Company, updates, downloadable content, and game-specific features. Nothing in this EULA or the Terms of Service prevents the Company from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, systems, security, users, anti-cheat measures, game integrity, or Services.

20. Changes to this EULA.

The Company may update this EULA from time to time. The Company will provide notice of material changes by reasonable means, such as through the Services, the App, email, User Account notice, or posting an updated version. Where required by applicable law or where the Company elects to require renewed click-through acceptance, the updated EULA will not apply to you unless and until you affirmatively accept it. Otherwise, your continued use of the App, Games, Game Content, Company Content, any virtual items or similar game-related digital benefits made available by the Company, or game-specific features after the effective date of the updated EULA constitutes acceptance of the updated EULA, except where applicable law requires a different form of consent.

21. Assignment.

You may not assign, transfer, delegate, or sublicense this EULA or any rights or obligations under it without the Company’s prior written consent. The Company may assign, transfer, or delegate this EULA, in whole or in part, in connection with a merger, acquisition, reorganization, sale of assets, financing, corporate transaction, or by operation of law.

22. Miscellaneous.

This EULA, together with the Terms of Service, Privacy Policy, Supplemental Terms, and any incorporated policies, governs your license to the App, Games, Game Content, Company Content, any virtual items or similar game-related digital benefits made available by the Company, and game-specific features. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect, and the invalid or unenforceable provision will be enforced to the maximum extent permitted or replaced by an enforceable provision that most closely reflects the original intent. The Company’s failure to enforce any provision is not a waiver. Headings are for convenience only. The words “including” and “includes” mean “including without limitation.” You and the Company are independent parties, and this EULA does not create any partnership, joint venture, employment, agency, fiduciary, or franchise relationship.

23. Contact Information.

If you have questions about this EULA, the Games, or game-specific content, please contact the Company at legal@indie-gems.com.