actually because they use Layer 1 JSON with human readable attributes and use the native tokens of the blockchain Hive/ HBD.
We can claim they are layer 1.
I have written many blog posts on this topic and my view point of it.
Now we have built a Layer 2 API infrastructure for game companies to use to interact with the Unity game engine for some of the intelligence that normally people think you need a smart contract for.
if you disagree and think smart contracts are the way to go. You might want to look at what VSC is building.