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Legal aspects of Ich contract Locked

A topic by Paymeout created Jan 19, 2026 Views: 893 Replies: 28
This topic was locked by lyn-marie excelsia Jan 21, 2026

Issue resolved

This topic is archived. It is unlisted and no new posts can be made.
Viewing posts 1 to 8

My employer hasn't paid me for the work I've done for months because they haven't received the requested payment for months! (Itch support is not responding!)
I know I should be nagging my employer, but I see that he's not the problem.
I've tried elsewhere, where it was suggested that each issue should be opened in its own topic, so I'm doing this now. "Get help from the itch.io community."

Due to the above, I would like to voice a legitimate concern and ask, since I can't find another place, but I'm also curious about the opinions of the members, even in an explanatory answer.
We have a contract with Itch! This was approved by every user upon registration and is valid for both parties!
I don't see that Itch fulfill the terms of the contract on its own side. It has enough energy to limit the web interface but does not respond to support emails, it only collects the money. So they are there, they just do not acknowledge the problem and from now on I think it is intentional and if Itch does not explain the situation and does not communicate then do not be surprised if it is called a thief.
Accountability!!! This is the essence of a contract?!
Delay in payment is equal to unilateral breach of contract, right?!
After months of no response, would it be right for the dispute to go to court?!
In this case, is the party that violated the contract liable for compensation for the damage caused?!
From this I conclude that those users who did not receive their money on time would be entitled to compensation!? 
All this could apply to the interest due to the delay in payment and the depreciation of the money!? (Even the value of the dollar also changes over the course of months! It is also a damage!)
I do not think that the Bank would be responsible for this, but if it is true then Itch shold forward the charge to the Bank, that is not our business not our contract!
If someone says that they are very busy, blah blah, poor people, then hire as many people as they can to perform the task they have undertaken!
Not a single official support person has been here yet, because there is no support team (a.i.?)!
Anyone who has undertaken the task out of conviction blindly believes in the good outcome of things, even though they do not receive any feedback on what they are doing!

Thank you in advance for your opinions and comments.

(+1)

Whenever legal matters are discussed, it's best to seek advice from an expert, in this case, a lawyer, and not base these kinds of decisions on opinions from random people in a public forum.

Some common sense points: legally, your work is with your employer, not Itch. In other words, the only person who could legally take action is your employer, not you, since Itch doesn't legally owe you money. Remember that these legal issues need to be very specific.

Delay in payment is equivalent to unilateral breach of contract, right?!

It depends. If the terms of service specify that payment must be made within a certain timeframe and that timeframe isn't met, then yes.

Otherwise, it can be quite complex. For example, the tax information might have expired and need to be resubmitted. In that case, Itch wouldn't be legally responsible for the delay, etc.

After months of no response, would it be right for the dispute to go to court?! 

Going to court is always an option, but the key is to be certain you have a legal basis for your claim. Otherwise, you're likely to lose, and you could even face a countersuit. That's why it's crucial to seek advice from a specialist lawyer.

Could all of this apply to interest due to the delay in payment and the depreciation of the money?

It depends on the terms of the lawsuit. If you can prove negligence and that it caused damages, you may be able to claim interest and even the costs of those damages.
I want to emphasize a very important point: just because you feel you're right doesn't mean you're legally right. Above all, you must prove your points, not just rely on common sense.
In other words, it's a fact that Itch has been late in paying your employer, but it's NOT a fact that it was Itch's negligence. You would need to prove that.

Please don't try to show it to me. I'm just telling you what I know. If you have proof or want to discuss it, it's best to do so with a specialist lawyer.

I don't think the bank would be responsible for this, but if it's true, then Itch should forward the charge to the bank. That's not our business, not our contract!

I don't know what contracts you have or the details of your case, but if your employer's bank denied Itch's payment, that could be a legal excuse. I know I'm going to sound repetitive, but I'll say it again: it's best to consult with a specialist lawyer.

Not a single official support person has been here yet because there is no support team (a.i.?)!

I don't quite understand this. The rules clearly state that Itch support cannot be contacted via the forum. By posting here, you are agreeing to these rules, and while I understand the frustration caused by the lack of information, the rules are clear on this point. You simply cannot contact staff or support through the forum.

(4 edits)

There's a lot of "random people" here with the same problem, without a solution. I'm curious about their opinions.

My employer's bank did not reject any payout request, since there was no attempt!

I know that my employer has the right to sue, but the problem still comes from the direction of Itch! AndI know he's not the problem because I can talk to him. That's the key! This attitude is missing from Itch side.
All this sounds as if Itch has the right not to communicate and not to pay, or to drag out the time as long as he wants.
Evidence? If you ask for your payout, no transfer. If you write to support, they do not answer! This is a behavior that says it all. This is all evidence!
"It's NOT a fact that it was Itch's negligence?" This is a statement! Are you defending them? If you think that legally my employer has the right to sue, (because there is a direct contract between them) then the situation is the same here,  Itch has a relationship with his bank and we have nothing to do with the bank, we don't see the bank activity! That's why we need to address the signal to Itch! How do you know that it is a FACT that it is not Itch's fault?
The time frame? Anyone could drag it out for years with this reason. And the non-communication reflects their attitude/behavior, which they support by modifying their own set of rules, which will apply to us! They modify and influence the user rules afterwards to their own benefits. Seems they exclude themselves from conflicts because it is more convenient, and thus the solution to the problem and that is creating another problem. What makes me think they would stick to the rules in the future? Availability is not a consideration from Itch? If we consider the rules so important, then they should respond or pay and not ban us from writing on the forum on such topics.
If anyone has ever been to a court hearing knows that these are all important things that are usually taken into account.
Not only do I feel it, ... I know that I am right! Or not? And if Itch can't manage his bank, at least they should burp some official explanation to the users why not, which is exactly why the forum exists elsewhere! (What? When? to expect...ect) Regarding the forum, I don't believe that they don't see it. No way! They just don't care!

Another thing: With these rules ....don't ask because there is no support.... is a joke in a forum called "Questions & Support"

It's interesting that a moderator immediately popup with rules that apply to users and always only mentions the parts where they excuses the responsibility of Itch!

(3 edits) (+1)
"It's NOT a fact that it was Itch's negligence?" This is a statement! Are you defending them?

As I mentioned earlier, you don't need to convince me of anything. I don't work for Itch, and I answered your question in good faith, based on my knowledge.  But you must understand that there is a big difference between what you perceive VS what you must objectively prove in court.

I completely understand your anger and frustration, but I'm not the one to take it out on, and I don't have to put up with it. So, with your attitude, I'm not going to play along. Go ahead and take it out on anyone who doesn't agree with you 100%, but at least don't count on me.

Have a good day, and I wish you all the best in resolving the issue and getting paid. 

EDIT:

If you want to reply, step away from the keyboard, rest, sleep, and reread this, leaving your anger aside. Otherwise, please don't even bother replying, thank you.


EDIT 2:

Another thing: With these rules ....don't ask because there is no support.... is a joke in a forum called "Questions & Support"

This is what I mean: before a judge, the channel's name doesn't matter, because the rules state that this forum is answered by the community, and there's nowhere that Itch commits to responding to you or contacting you through this channel.

If you were to sue them over this, you would lose in 99% of cases.

What I'm trying to do is answer your questions objectively, not flatter you.

You got the gist.

If you don't want to, don't read it.
You don't have to agree and I didn't want to convince anyone of anything or take it out on anyone!
I have no problem with suggestions related to the topic, that's why I'm here, but I do have a problem with comments about my attitude! You can ask questions about me, but You have no right to make accusations about me! We don't know each other to draw conclusions, especially not false conclusions by poking at me and then elegantly walking away!
I'm stating facts, clearly! I'm not flatter either! I don't know which of the facts you took as an insult or an insult, but if you don't understand the gist, it's better if you leave the topic, because all your statements are nonsense that applies to ME! To accuse me of being angry and therefore unable to think?...This is why I am angry now, I take this part of the text as a provocation! Don't tell me what to do or how to do it after you upset me.

Goodbye.

(+1)

You started making accusations against me, so don't do what you don't like. It's that simple.

I also consider your previous response a provocation against me, and this is ending up like a fight between two blind people, which I see is the case. So, whatever.

I'll block you, you block me, and we'll avoid reading each other's messages. Have a good day.

Deleted 197 days ago

Hi!,

The questions are mainly answered by you (and  that 2-3 volunteer) and not the community!

"the channel's name doesn't matter" ..?
Yes it does! People coming here becouse of that!!!

Deleted 197 days ago

personally:
(I am not the one start this thread but i am in the same situation)

- You have no idea what percentage of revenue they are taking in my (or our) settings (I can assure you it is not the minimum in my case)! If it is not enough, then it is their job to determine the minimum required to operate (or raise the minimum).

- If this response had come through an official channel (a "give me more percentage or don't be surprised" type message), it would have been like "we are taking your money as loot".

- Percentage or not. They are the ones who keep the money paid or donated to me (by customers)!

- I understand that many developers get paid, but I am not one of them! Should I shut up just because everything went well for others? 

- Regarding the article "They need to be very careful": (I have done all the necessary setup with tax information etc.) They have 5 months to process the payment and if you try to reach real customer service multiple times (via the "report button") they do nothing! No response!

They (Itch) don't give any chance to handle the issue as it should be, that is why people come here and try to find another solution and if necessary "make some noise" to be heard on a "community site" called "questions&support"! But when they do it looks that it is not allowed by the rules or read the tax info (thank you i made that months ago), no officials here to hear/read..

What other options do we have? (Let it go is not na option here!)

Moderator (1 edit)
I understand that many developers get paid, but I am not one of them! Should I shut up just because everything went well for others?

Of course not, but from here to saying "no one" is getting their money is a long way. Do you see why our admins might not like that?

What other options do we have? (Let it go is not na option here!)

There isn't a fallback option to support e-mails. Arguably there should be, but that's another story. I even pointed out two of your topics to our admins directly. What more do you want from everyone on the forum? Because you're yelling at a lot of people who can't help and aren't to blame.

The answer was addressed to "Evolutionary Games"! Not to you! 

yelling is an "assumption"! This is a written form of communication.

"Do you see why our admins might not like that?"
I am starting to not care if you like it or not! Personally i don'like not to be payed!

about "What more do you want ": Attencion and solution (my money) from the company own this site! 

Moderator

...And how... exactly... do you hope to get attention from the company by bothering community members who are simply trying to use the forum? I'm still a moderator here, and you've been extremely disruptive!

(1 edit)

Do not look up topic what you do not interested in!... As a community member If I am interested in the topic than others should be too. 

I am happy that Electric Black Sheep is here with the same problem.

Please let the community members deside what they want or don't want to read!
I am sure the will search or open topics they interested in ans skip that one if they does not care..
By community member you mean: You?

Moderator

...Three of the topics on the first page of this category as of this writing were created by you. There are other people in the forum who want their topics to be visible too. So no, I'm not talking about myself. Show some respect for this community.

(1 edit)

As a member of this community should i Have the same respect? Or i don't have the right to join in the conversation? 
There are no rules for how many topics can i start? Is there any? (Sorry if i skipped that one!)
Every of my topic/question  was a different one! (Maybe) They are all leading to the sama direction, but that is not totally dependent from me.
How exectly stops this others to start their own topics? They are visible. I've read some of them.

Moderator

There's no rule as such, but we're generally asking people to refrain from posting in excess. Other people don't have three ongoing topics of their own at the same time. Use common sense.

That is not even my topic..

"Do you see why our admins might not like that?" 

You forget to mention that when you tried to help it ended up with the fact that you can not help and that admins do not respond to you eighter.

So when you tell us that you tried multiple times... You also failed in every case as a helper... But you keep pop up in every topic to make your point what is also useless. In my view You influence the topic in a way that we are stupid and we donot know what we are doing.

I waited enough. I will be here and ask questions until the problem is solved. 

Moderator

In other words you will keep punishing members of the community who don't have any fault and can't get you answers. Okay then.

(1 edit)

False again.

I do not blame community members for the payment delay. I do not know why you even brought that up.

And I am not pushing or pulling members eighter. I do not pushing you to be here.

(1 edit)

Paymeout is right.

Are you making it sound like I'm blaming the members? Where did I wrote such nonsense?

As a moderator, you mix words in the sentence with true statements that change the essence of the sentences I made.

You twist what I say, even though it's quite clear. There's no need to look for underlying content. If I have a problem with someone, I'll address it to them! As I do now! Don't misinterpret what I wrote. Don't make statements in my name

(1 edit)

You changed the details of my Topic, which is important to me, especially because of the theme! But now I see "No Time To Play" as the creator!? Time stamps also changed! This is intentional manipulation, an abuse of his moderator rights. This is outrageous! I have expressed my objection to You several times. This is anything but behavior worthy of a moderator! Reported!

Edit: 

Creator's name and time stamps restored less than a minute after I finished my report. Someone is working very fast!

I/we have to pay more money to get money?

:))))))))

Admin

Closing this thread as the issue has been resolved. A few things to clarify:

- Your employer mistagged their payout as "other" when requesting it. This option is reserved for special sellers and we don't recommend using it if you have a PayPal or Payoneer account associated with your profile, as it will lead to delays. Users who are on our "other" option are often handling payouts through a more direct means which often takes more time and are less pressing by comparison.

- Creating a thread _for_ your employer, especially one as aggressive as this one, does not contribute to faster or more reliable payouts. Please avoid making these kinds of threads in the future. If you are not the individual who has the payout issue, please leave it to the original party to handle their own case.

- Finally, as it is a new year, the first month of the new year is always a particularly busy time for us, as we have to handle new-year bookkeeping, processing and canceling unprocessed payouts from last year, a support ticket influx that often comes with the start of the year, and re-handling a number of tax forms (as many users tend to have to re-file at the start of the new year, else tax information goes invalid, and that contributes to payout delays). We thank you for your patience and apologize for the inconvenience.

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