1. Acceptance of Terms

By accessing or using ThekaDex (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. We reserve the right to update these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

ThekaDex is a portfolio platform that allows indie game developers to automatically import their game jam projects from itch.io and create professional portfolio pages. The Service is provided free of charge for developers, with optional premium features that may be added in the future.

3. User Accounts

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Eligibility and Age Verification

You must be at least 13 years old to use the Service. By creating an account, you affirm that you are at least 13 years of age and have the legal capacity to enter into these Terms.

Age Verification: During account creation, you will be asked to confirm your age. Providing false information about your age is a violation of these Terms and may result in account termination.

Parental Consent: For users in the European Union between ages 13-16, parental or guardian consent may be required in accordance with GDPR Article 8. We may request verification of such consent.

3.3 Username Requirements

• Usernames must be unique and available
• Usernames cannot impersonate others or infringe on trademarks
• Usernames cannot contain offensive or inappropriate content
• We reserve the right to reclaim usernames that violate these requirements

4. User Content

4.1 Content Ownership

You retain all ownership rights to the content you provide, including your profile information, bio, and any content imported from itch.io. By using the Service, you grant ThekaDex a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute your content solely for the following purposes:

• Operating and providing the Service to you
• Creating and displaying your public portfolio page
• Generating analytics about portfolio views
• Promoting the Service (with your permission, which you may revoke at any time)
• Complying with legal obligations

This license terminates when you delete your account or disconnect your itch.io integration, except for: (1) content already shared publicly that may be cached by third parties, and (2) content necessary to comply with legal obligations. We do not claim ownership of your content and will not use it for purposes beyond those listed above.

4.2 Content Responsibility

You are solely responsible for the content you upload or link to the Service. You agree not to:

• Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringe on the intellectual property rights of others
• Upload malicious code, viruses, or any harmful software
• Impersonate any person or entity
• Violate any applicable laws or regulations

4.3 Content Moderation

We reserve the right to remove any content that violates these Terms or is otherwise inappropriate, without prior notice. We are not obligated to monitor user content but may do so at our discretion.

5. itch.io Integration

When you connect your itch.io account, you authorize ThekaDex to access your itch.io profile and game data through the itch.io API. This integration is subject to itch.io's own terms of service and privacy policy. You can disconnect your itch.io account at any time through your dashboard settings.

We are not responsible for any issues arising from itch.io's API, changes to their service, or limitations they may impose.

6. Public Portfolios

Your portfolio at thekadex.com/[username] is publicly accessible on the internet. By creating a portfolio, you understand and agree that:

• Your username, display name, bio, profile picture, and selected game jam entries will be publicly visible
• Search engines may index your portfolio page
• Anyone with the link can view your portfolio
• You control what information is displayed through your privacy settings

7. Prohibited Activities

You agree not to:

• Use automated systems (bots, scrapers) to access the Service without permission
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use the Service for any illegal purpose
• Violate any applicable laws or regulations
• Abuse the rate limiting or API systems
• Collect user information without consent

8. API and Rate Limiting

To ensure fair usage and service stability for all users, we implement rate limits on certain operations:

• Portfolio Syncing: You may sync your itch.io portfolio up to 10 times per hour
• Account Operations: Profile updates and settings changes are limited to 30 requests per minute
• Public Portfolio Views: No limit on viewing public portfolios
• API Access: General API requests are limited to 100 requests per minute per IP address

If you exceed these limits, you may experience temporary throttling. Repeated or egregious violations may result in account suspension. If you have a legitimate need for higher limits, please contact us at support@thekadex.com.

9. Free Tier and Future Pricing

The Service is currently provided free of charge for game developers. We may introduce premium features or subscription tiers in the future. If we do:

• Core portfolio features will remain free for developers
• We will provide reasonable notice of any pricing changes
• You can choose whether to upgrade to paid tiers
• Your existing free-tier features will not be removed

10. Intellectual Property

The Service, including its design, code, logos, and branding, is owned by ThekaDex, Inc. and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

Game jam content and metadata synced from itch.io remain the property of their respective owners and are subject to itch.io's terms of service.

11. Disclaimers and Limitations of Liability

11.1 Service Availability

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

11.2 Data Accuracy

While we strive to accurately sync and display your game jam data from itch.io, we do not guarantee the accuracy, completeness, or reliability of any content on the Service.

11.3 Limitation of Liability

To the maximum extent permitted by law, ThekaDex, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

11.4 Consumer Rights Protection

For Users in the European Union and Other Jurisdictions: Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited by applicable law

For consumers in the EU and jurisdictions with mandatory consumer protections, you retain all statutory rights that cannot be waived by contract.

12. Indemnification

You agree to indemnify, defend, and hold harmless ThekaDex, Inc. and its affiliates from any claims, liabilities, damages, losses, and expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

13. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests from law enforcement or government agencies

You may delete your account at any time through your dashboard settings. Upon termination, your right to use the Service will cease immediately.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted inDelaware.

You agree to waive any right to a jury trial or to participate in a class action lawsuit, except where such waivers are prohibited by law.

14.3 Exceptions and International Users

For Users in the European Union and Other Jurisdictions: If you are located in the European Union or other jurisdiction where mandatory arbitration provisions are not enforceable, or where you have mandatory consumer protection rights that cannot be waived:

• Disputes will be resolved in accordance with the laws of your jurisdiction
• You retain all statutory rights, including the right to bring proceedings in your local courts
• The arbitration and class action waiver provisions above do not apply to you
• You may bring claims in your local consumer protection courts

Nothing in these Terms affects your statutory rights as a consumer that cannot be contractually waived.

15. Force Majeure

ThekaDex, Inc. shall not be liable for any failure to perform or delay in performance of any obligation under these Terms due to causes beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, epidemics, or pandemics
• War, terrorism, civil unrest, or government actions
• Internet service provider failures, denial-of-service attacks, or other cyber attacks
• Third-party API disruptions (including itch.io API outages or changes)
• Power outages, telecommunications failures, or hosting provider outages
• Labor disputes or strikes

In the event of a force majeure, our obligations will be suspended for the duration of the event, and we will make reasonable efforts to minimize the impact and resume normal operations as soon as possible.

16. DMCA and Copyright Infringement

16.1 Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content on ThekaDex infringes your copyright, you may submit a DMCA takedown notice.

16.2 Filing a DMCA Notice

To file a DMCA takedown notice, send an email to dmca@thekadex.com with the following information:

• Identification of the copyrighted work claimed to be infringed
• Identification of the material that is claimed to be infringing, including the URL where it appears on ThekaDex
• Your contact information (name, address, telephone number, email address)
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

16.3 Counter-Notification

If your content was removed in response to a DMCA notice and you believe the removal was improper, you may file a counter-notification at the same email address with:

• Identification of the material that was removed and its location before removal
• A statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification
• Your contact information
• A statement consenting to the jurisdiction of the federal court in Delaware
• Your physical or electronic signature

16.4 Designated Copyright Agent

We will respond to valid DMCA notices within 10 business days and may remove allegedly infringing content pending resolution of the dispute.

17. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice on the Service. Your continued use of the Service after such notification constitutes your acceptance of the modified Terms.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@thekadex.com

We will respond to your inquiry within 30 days.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you andThekaDex, Inc. regarding your use of the Service and supersede any prior agreements.