Spoke with my lawyer. Backers are not going to be happy.

[Mr. Nagasaki]

I want to start by saying I did not back this game or buy it. I knew years ago this was coming; I played ArcheAge and knew about Steven from back then. The guy was a complete loon calling himself a "Millionaire Gamer" and was a known grifter.

I really want to stress that I have seen a lot of misinformation surrounding the legality of the situation, with people assuming they are legally entitled to get their money back. I reached out to my lawyer on retainer yesterday and inquired about refunds, and I will post parts of the email I got in response. Backers, you are not going to be happy. Steam may or may not step in to refund those who purchased on Steam. Time will tell. Relevant names have been removed as advised by my lawyer, as I mentioned I want to share this information.

Regarding your inquiry about the potential to obtain refunds for pledges to the Ashes of Creation Kickstarter campaign, following the recent closure of [Studio Name],

Based on the available facts and established legal principles governing crowdfunding, I must advise that the probability of securing refunds is exceptionally low. As you mentioned they did not purchase the game on Steam but backed it directly on Kickstarter, their claims rest on a promise that has likely been technically fulfilled by the developer.

[Studio Name] released Ashes of Creation on Steam Early Access in December 2025. This was a publicly available, purchasable, and playable version of the game.

In the context of software and video games, a "launch" is broadly understood in the industry and by courts as a public release of a functional product. The Steam Early Access program is explicitly a platform for launching games in a playable, developmental state. Consequently, [Studio Name] could credibly argue that the game did launch, thereby voiding any conditional refund promise. The subsequent delisting and studio collapse do not retroactively negate the fact that a launch occurred.

The legal position of Kickstarter backers is fundamentally different from that of a customer who bought a finished product. Established case law and regulatory actions define backers as project supporters accepting inherent development risk. The Federal Trade Commission's (FTC) action in FTC v. Erik Chevalier (the "Doom That Came to Atlantic City" board game case) is instructive. While the FTC successfully prosecuted the creator for deceptive practices after he canceled the project and spent funds on personal expenses, the resulting judgment against him was suspended because he lacked the funds to pay. Backers received no money.

To trigger FTC intervention or form the basis of a successful lawsuit, there would need to be compelling evidence that [Studio Name] never intended to complete the game at the time of the Kickstarter campaign. The multi-year development and release of an Early Access build strongly counter this argument. Even if a legal judgment were obtained, judgments are worthless if the defendant has no assets to seize.

In summary, the legal outlook is unfortunately bleak. [Studio Name] 's action of releasing Ashes of Creation on Steam Early Access has likely fulfilled the "launch" condition specified in their Kickstarter promise, legally extinguishing their duty to refund based on that premise. Combined with the insolvency, there is no clear, feasible legal avenue to compel refunds of their Kickstarter pledges through direct demand or likely even litigation.

[1HPLeft]

Backers doesnt deserve to be happy, this was fishy all along, like 99% of the MMO's on KS.

[Maxpain]

When you become a backer for anything there is always a disclaimer you might not receive anything. Logical backers wont get a refund.

[Wolfengoth]

Chat GPT lawyer huh? Nice

[Adam__86]

You invest knowing the risk

[Mr. Nagasaki]

Originally posted by Wolfengoth:

Chat GPT lawyer huh? Nice

Believe what you want, hope you didn't back it friend!

[Khepri | Gitrekt]

Backers.. sure.


But people that bought on Steam are a different situation. Purchasing a game on Steam is not a ♥♥♥♥♥♥♥ investment.

[Adam__86]

Originally posted by Wolfengoth:

Chat GPT lawyer huh? Nice

Unless you bought it from Steam as a consumer you are screwed

Backing is essentially donating to a project with the knowledge that the project isn't guaranteed to succeed. Legally they fullfillled the promise by releasing the game

[Wolfengoth]

Originally posted by Mr. Nagasaki:

Originally posted by Wolfengoth:

Chat GPT lawyer huh? Nice

Believe what you want, hope you didn't back it friend!

Nah but I'm also old enough to know that Kickstarter and its ilk are places to put money into Hope, not a guarantee of a product. Entitlement has no place there.
Also, if you didn't invest anything, are just rubbing salt into wounds of those that may have invested in it? Says more about you, doesn't it?

[Mr. Nagasaki]

Originally posted by Wolfengoth:

Originally posted by Mr. Nagasaki:

Believe what you want, hope you didn't back it friend!

Nah but I'm also old enough to know that Kickstarter and its ilk are places to put money into Hope, not a guarantee of a product. Entitlement has no place there.
Also, if you didn't invest anything, are just rubbing salt into wounds of those that may have invested in it? Says more about you, doesn't it?

Did I post this out of malice? I've seen numerous videos and posts advising people to demand refunds from the FTC and similar organizations, but that is not how any of this works.

[Brahson]

my lawyer on retainer works at [Studio Name]

[Mr. Nagasaki]

Originally posted by Brahson:

my lawyer on retainer works at [Studio Name]

I was told not to post the studio name directly if sharing correspondence.

[Wolfengoth]

Originally posted by Mr. Nagasaki:

Originally posted by Wolfengoth:

Nah but I'm also old enough to know that Kickstarter and its ilk are places to put money into Hope, not a guarantee of a product. Entitlement has no place there.
Also, if you didn't invest anything, are just rubbing salt into wounds of those that may have invested in it? Says more about you, doesn't it?

Did I post this out of malice? I've seen numerous videos and posts advising people to demand refunds from the FTC and similar organizations, but that is not how any of this works.

Well, your first paragraph is all about you knowing the outcome, kinda like a "I told you so" so it's not difficult to presume you are doing condescendingly, if not maliciously.

[Mr. Nagasaki]

Originally posted by eram:

Ai isn't your lawyer , mental

Believe what you want, hope you didn't back it!

[Adam__86]

The only possible legal angle people would have had is if the game didn't release which is why I believe that the game was stealth released for this purpose

[Wolfengoth]

Originally posted by Adam__86:

Originally posted by Wolfengoth:

Chat GPT lawyer huh? Nice

Unless you bought it from Steam as a consumer you are screwed

Backing is essentially donating to a project with the knowledge that the project isn't guaranteed to succeed. Legally they fullfillled the promise by releasing the game

Not sure why you replied to me but w/e. Kickstarter does have a refund policy for failed projects, though the process is often difficult (and often not worth the time and effort) if the company goes bankrupt or has no money , like a WARN notice given.