They used to have a clause that you could use the old terms of service from when you published your game. But it was removed in favor of even games developed under those terms of services needing to pay. That is very much a retroactive change.
I still don't see how that is retroactive. The TOS changed, but I only accepted the TOS how they were when I paid my license. So the new TOS do not apply until my contract ends. That is the law (at least here in Europe)
Because it's not software you can (reasonably) swap out later. Once you've developed your product, it's part of your deliverable. It's like a company changing terms on their engine once you've already built a car around it, and sold them to someone.
When does the contract end for someone who started selling their game in June 2023? If it is January 2024, then I don't see how a change to the contract starting on that date would be illegal. If it is June 2024, then I could see how it could be illegal.
Except that here they will not do something to you like a murderer.
They might ask you to pay money. But if you refuse I believe they will at most sue you for the money and then lose if it was illegal.
