Terms of Service

Agreement

These Terms of Service (the "Terms") are a contract between you and Simplifine Corp, a Delaware C Corporation, doing business as "Orca" ("Orca", "we", "us"), covering your use of the Orca website at orcaclient.com, the Minecraft server hosting product, the AI assistant, and any related services (collectively, the "Service"). By using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

Eligibility

You must be at least 16 years oldto use Orca. If you're between 13 and 15, a parent or legal guardian must provide verifiable parental consent as described in the Children's Privacy Addendum before you sign up. Orca is not available to users under 13.

You must also have the legal capacity to enter a contract under the law of the place where you live, or have your parent or guardian enter it on your behalf.

Account responsibilities

• You're responsible for everything done under your account, including all servers, content, mods, plugins, and behavior of your players.
• Keep your password and Discord OAuth login secure. Don't share them. Notify us right away if you suspect unauthorized access.
• Provide accurate account and billing information and keep it up to date.
• One human, one account. You may not create multiple accounts to evade limits, bans, or trial caps.

Acceptable use

Your use of Orca is governed by our Acceptable Use Policy. The AUP is part of these Terms. Violations can lead to suspension, account termination, and, in serious cases, referral to law enforcement.

Subscriptions and billing

Free tier

Orca offers a free tier with limits on resources, players, and AI usage. The free tier is provided as-is and may be changed or discontinued at any time.

Paid plans

Paid plans are billed in advance on a monthly or annual cycle. Prices are listed on the pricing page and may include taxes depending on your location. You authorize us to charge your payment method on each renewal until you cancel.

Auto-renewal

Subscriptions renew automatically at the end of each billing period. You can cancel from the Console; the cancellation takes effect at the end of the current billing period.

Refunds

Refunds are governed by our Refund Policy.

Price changes

We may change prices for paid plans. We will give at least 30 days' notice by email before a price change takes effect on your account. Continued use after that date constitutes acceptance of the new price.

Affiliate and referral program

Promotional and referral codes

We may offer promotional or referral codes that give a discount on eligible purchases. Unless we say otherwise, a code applies only to the first payment on a new subscription, cannot be combined with other offers, has no cash value, and may be limited, changed, or withdrawn at any time. We may void any discount or credit obtained through fraud, abuse, or a breach of these Terms.

Affiliates

People and businesses who promote Orca for a commission do so under a separate written affiliate agreement. That agreement, not these Terms, governs the affiliate relationship. Affiliates are independent contractors. They are not employees or agents of Simplifine Corp and have no authority to speak or make promises on our behalf. We track referrals through the links and codes we assign, and we may change, pause, or end the affiliate program and its commission terms as described in that agreement. Claims an affiliate makes about Orca are their own; only our official site and documentation are authoritative.

AI-generated content

You agree that:

• AI-generated content is provided without warranty of any kind, express or implied.
• You are responsible for reviewing AI-generated code, configurations, and commands before running them in production.
• The AI may incorporate third-party libraries; you are responsible for complying with their licenses.
• Orca does not represent that AI output is fit for any particular purpose, free of bugs, or compatible with all Minecraft versions or mod loaders.
• You will not use the Orca AI assistant to generate content that violates the Acceptable Use Policy.

Mojang and Microsoft

Orca is an independent service. Orca is not affiliated with, sponsored by, or endorsed by Mojang AB, Microsoft Corporation, or any of their affiliates. "Minecraft" is a trademark of Mojang AB.

You are solely responsible for complying with the Minecraft End User License Agreement, the Minecraft Commercial Usage Guidelines, the Minecraft Brand Guidelines, and Mojang's rules on monetization. Running a server on Orca does not grant you any license from Mojang or Microsoft.

Service availability

Orca is a beta product. The free tier is provided on a best-effort basis with no service-level agreement. Paid plans aim for high availability, and the Community tier includes a target SLA documented separately, but no plan guarantees error-free or uninterrupted service. We may perform maintenance, throttle abusive usage, and rotate infrastructure without prior notice when necessary for safety, security, or service continuity.

Your content and our rights

You retain all rights to the worlds, configurations, mods, plugins, and other content you upload to or generate on Orca ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Your Content solely as needed to operate, secure, and improve the Service.

Orca, the Orca name and logo, the Service's code, documentation, and other materials we provide are owned by Orca or its licensors. Nothing in these Terms transfers ownership of those rights to you.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ORCA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. ORCA'S AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (i) USD $100 OR (ii) THE AMOUNT YOU PAID ORCA IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

Indemnification

You will defend, indemnify, and hold harmless Orca and its affiliates, officers, employees, and agents from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your violation of these Terms or the AUP, (b) Your Content, (c) your violation of any third-party right (including intellectual property and privacy rights), or (d) your violation of applicable law.

Copyright and DMCA

We respect intellectual property rights. To submit a copyright infringement notice or counter-notice, see our DMCA Policy.

Modification and termination

We may update these Terms from time to time. If we make material changes, we will notify you by email or in-product banner at least 14 days before the changes take effect. Continued use after the effective date constitutes acceptance.

We may suspend or terminate your access to the Service at any time for breach of these Terms, breach of the AUP, non-payment, or risk to the safety or integrity of the Service. You may delete your account at any time from the Console.

Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to the arbitration clause below, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction. Simplifine Corp is incorporated in Delaware.

Arbitration and class-action waiver

This section applies if you live in the United States.

1. Informal resolution first. Before starting a formal proceeding, you agree to try to resolve the dispute informally by sending a written notice to legal@orcaclient.com. If we can't resolve it within 60 days, either party may start arbitration.
2. Binding arbitration. Any dispute, claim, or controversy will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitrator may award the same damages and relief that a court could, and must follow these Terms.
3. No class actions. You and Orca each waive any right to bring or participate in a class action, class arbitration, or representative action. Disputes must be resolved on an individual basis.
4. 30-day opt-out. You may opt out of this arbitration agreement by emailing legal@orcaclient.com within 30 days of first accepting these Terms.
5. Carve-outs. Either party may seek injunctive relief in court to protect intellectual property rights, and either party may pursue claims in small-claims court if eligible.

Severability and entire agreement

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. These Terms, the AUP, the Privacy Policy, the Children's Privacy Addendum, the DMCA Policy, and the Refund Policy together constitute the entire agreement between you and Orca regarding the Service and supersede any prior agreements.

Contact

Legal questions: legal@orcaclient.com. Privacy questions: privacy@orcaclient.com. Billing: billing@orcaclient.com.