Terms of Service

We The Indies, LLC is a Florida limited liability company based in St. Augustine, Florida. These terms cover wetheindies.com, everything you buy from us, and IndieHub, the dashboard where developers submit their games. Buying something or making an account means you agree to them. If you do not, please do not use the site.

What do we make?

We make physical editions of indie PC games: a disc written by hand, printed cover art, a printed disc label, a case, and whatever bonus material the developer included. We also stock a small number of accessories, like external optical drives, so people without a disc drive can still play what they buy.

Discs are made to order. Your copy does not exist until you pay for it. We make it, then we ship it. That is the whole reason a small studio can put its game on a shelf without ordering a pallet of stock, and it is why the timing and returns sections below read the way they do.

What is our role with developers?

We are a service provider, not a publisher. We take zero equity and zero ownership of any game we make a disc for. The developer stays the sole rights-holder to their work, their art, and their name.

Submitting a game through IndieHub does not by itself create a deal. The signed developer agreement is the contract that governs royalties, rights, term, delivery, and what happens to uploaded files. Where these terms and that signed agreement disagree about anything to do with a submission, the signed agreement controls. We do not restate its terms here, because the version you signed is the version that binds us both.

How do orders and payment work?

Placing an order is an offer to buy. We accept it when we start making your copy. Until then, we can decline or cancel and refund you in full, which we would only do for something like an obvious pricing error, a title we can no longer make, or an order we cannot ship to your country.

Payment is processed by our storefront's payment provider. Your card details go to them, not to us. We never see or store a full card number. Prices and availability can change without notice. Taxes and shipping are added at checkout. They are not taken out of the listed price or the developer split.

Delivery timing, customs, and duties are covered on the shipping page. Damaged, defective, and cancelled orders are covered on the refund page. Both are part of these terms.

What are the rules for an account?

IndieHub accounts are for developers and their teams. Keep your sign-in details to yourself, give us information that is true, and tell us if someone else gets into your account. We can suspend or close an account that is being used to abuse the service, to break the content policy, or to submit work the submitter has no right to.

What may you not do on the site?

What we will and will not make is set out in the content policy. On the site itself: do not try to break it, overload it, scrape it at volume, get into other people's accounts, or upload anything malicious. That is the entire list, and it is the list you would have guessed.

Who owns what?

We own the We The Indies name, the cardinal, the site, and the software behind it. Developers own their games and their art. Buying a disc buys you that copy of the game, kept on your shelf and playable offline, under whatever licence the developer grants with it. It does not transfer the game itself to you, and it does not let you duplicate or resell copies.

If you believe something on this site infringes your copyright, our DMCA page sets out what a notice needs to contain and where to send it. We maintain a designated agent registered with the U.S. Copyright Office. We review every notice we receive, and we remove material we find to be infringing.

What do we not promise?

We make each disc carefully and we test what we ship, but we cannot promise a game will run on every machine, that the site will never go down, or that a third-party service we depend on will always be available. Games are provided as their developers built them. Accessories are provided as their manufacturers built them, with whatever warranty the manufacturer gives. To the extent the law allows, the site and the products are provided as is, without warranties we have not written down here.

Nothing in this section takes away rights you have by law as a consumer where you live. If your country gives you a guarantee we cannot disclaim, you keep it.

What are the limits on what we owe you?

If we get something wrong, we will fix it: a replacement, a refund, or both. What we cannot take on is open-ended liability far beyond the size of the order. To the extent the law allows, our total liability to you for any order is limited to what you paid for that order, and we are not liable for indirect losses such as lost profits, lost data, or lost time.

This limit does not apply to anything the law does not let us limit, including fraud, death or personal injury caused by our negligence, and consumer rights that cannot be waived.

Which law governs these terms?

These terms are governed by the laws of the State of Florida, without regard to conflict of law rules, and any dispute goes to the state or federal courts serving St. Johns County, Florida. If you are a consumer in the EU or the UK, this does not remove your right to bring a claim under the mandatory consumer law of the country you live in.

When do these terms change?

We will update these terms as the company changes. The date at the top of this page is the version in force. Orders are governed by the terms in force when you placed them.

How do you reach a person?

Email support@wetheindies.com for anything about an order or your account. A person reads it.