ORCA ENGINESign In

Terms of Service

Last updated: February 2026

Welcome to Orca

Welcome, and thank you for your interest in Simplifine Corp. ("Simplifine," "Company," "we," or "us") and our website at orcaengine.ai, along with our related websites, products including Minecraft AI Playground, and other services provided by us (collectively, the "Services").

These Terms of Service ("Terms") constitute a legally binding agreement between you and Simplifine Corp. Please read the following terms carefully.

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE SERVICES.

Notice of Arbitration and Class Action Waiver

Except for certain kinds of disputes described in the "Dispute Resolution" section below, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND SIMPLIFINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE PROCEDURE IN SECTION 14.

1. Eligibility

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. By using the Services, you represent and warrant that you are at least 18 years old and that your use of the Services does not violate any applicable law or regulation.

2. Accounts and Registration

To access certain features of the Services, you may be required to register for an account. When you register, you agree to:

  • Provide accurate, current, and complete information
  • Keep this information updated
  • Maintain the confidentiality of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately if you believe your account is no longer secure at founders@orcaengine.ai

You may not share your account credentials, transfer your account to another person, or use another person's account without authorization.

3. Our Services and Scope of Use

3.1 Nature of Services

Orca is an AI-powered game development platform that provides tools, code generation capabilities, asset creation features, and other AI-assisted development functionalities. The information and outputs provided when using the Services are for creative and development purposes.

3.2 Geographic and Regulatory Limitations

The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. The Services are not tailored to comply with industry-specific regulations (such as HIPAA, FISMA, etc.). You may not use the Services in a way that would violate applicable laws.

3.3 License Grant

Subject to your compliance with these Terms, Simplifine grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or commercial game development purposes.

4. AI-Specific Terms and Disclaimers

4.1 Nature of AI-Generated Content

You acknowledge and agree that:

  • The Services use artificial intelligence and machine learning technologies to generate outputs, including but not limited to code, game assets, graphics, text, and suggestions
  • AI-generated outputs are probabilistic and may contain errors, inaccuracies, bugs, inconsistencies, or unexpected results
  • AI systems may produce biased, offensive, or inappropriate content despite our efforts to prevent such outputs
  • AI-generated content may inadvertently resemble or incorporate elements similar to third-party copyrighted works, trademarks, or other intellectual property
  • The Services rely in part on third-party AI models and APIs (including but not limited to models from Anthropic, OpenAI, and other providers) over which we have limited control

4.2 No Warranties for AI Outputs

AI-GENERATED OUTPUTS ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTIES WHATSOEVER. We expressly disclaim all warranties regarding:

  • Accuracy, completeness, reliability, or correctness of AI-generated content
  • Fitness for any particular purpose or use case
  • Non-infringement of third-party intellectual property rights
  • Originality or copyrightability of AI-generated content
  • Compliance with any coding standards, security requirements, or best practices
  • Freedom from bugs, errors, vulnerabilities, or malicious code

4.3 User Obligations for AI-Generated Content

YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, TESTING, VALIDATING, AND MODIFYING ALL AI-GENERATED OUTPUTS BEFORE USE. You agree to:

  • Independently verify the accuracy and functionality of all AI-generated code before deployment
  • Review all AI-generated assets for potential intellectual property conflicts
  • Conduct appropriate testing for security vulnerabilities, performance issues, and bugs
  • Not rely on AI-generated content for critical systems without human review
  • Not use AI-generated outputs as a substitute for professional software engineering, legal, design, or business judgment
  • Assume full risk for any consequences arising from your use of AI-generated content

4.4 Prohibited Uses of AI Services

You may not use the Services to:

  • Generate content that violates any law, including but not limited to content that infringes intellectual property, violates export controls, or constitutes illegal speech
  • Create deepfakes, non-consensual intimate imagery, or content designed to deceive or defraud
  • Develop malware, exploits, hacking tools, or other malicious software
  • Generate content that promotes violence, terrorism, child exploitation, or human trafficking
  • Circumvent content filtering, safety mechanisms, or usage restrictions
  • Reverse engineer, extract, or replicate our AI models or training data
  • Use outputs to train competing AI models without our express written consent

5. Restrictions on Use

You may not:

  • Copy, modify, or create derivative works of the Services themselves (distinct from content created using the Services)
  • Reverse engineer or attempt to extract the source code of the Services or underlying AI models
  • Use the Services for any illegal purpose
  • Attempt to interfere with, disrupt, or gain unauthorized access to the Services or our systems
  • Scrape, mine, or extract data from the Services using automated means (except for your own content)
  • Use the Services in any manner that could damage, disable, overburden, or impair the Services
  • Remove, obscure, or alter any proprietary notices on the Services
  • Sublicense, sell, rent, lease, or otherwise commercialize access to the Services

6. User Submissions and Content License

6.1 Your Content

When you submit, upload, or provide content to the Services ("User Content"), including but not limited to prompts, inputs, commands, code, assets, files, feedback, and any other materials, you represent and warrant that:

  • You own or have the necessary rights, licenses, and permissions to submit such content
  • Your User Content does not violate any third party's rights, including intellectual property, privacy, or publicity rights
  • Your User Content complies with these Terms and all applicable laws

6.2 License Grant to Simplifine

By submitting User Content, you grant Simplifine a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to:

  • Use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content
  • Use your User Content, prompts, inputs, commands, and interaction data to improve, train, develop, and fine-tune our AI models, algorithms, and Services
  • Create aggregated, anonymized, or de-identified datasets from User Content and usage patterns for research, product development, and analytics
  • Use metadata, telemetry, error logs, usage statistics, and behavioral data for product improvement and optimization
  • Incorporate insights derived from User Content into future versions of the Services

This license survives termination of your account or these Terms.

6.3 Opt-Out of AI Training

If you do not wish for your User Content to be used for AI model training, you may contact us at founders@orcaengine.ai to request exclusion. Note that opting out may limit certain features or functionality of the Services.

6.4 AI-Generated Outputs

Ownership of Outputs: Subject to these Terms and provided you comply with them, you own the AI-generated outputs that you create using the Services ("Your Outputs"), to the extent such outputs are legally protectable.

Important Limitations:

  • Content generated solely by AI without substantial human creative input may not be eligible for copyright protection under current U.S. law
  • We make no warranties regarding the protectability, copyrightability, or enforceability of any intellectual property rights in AI-generated outputs
  • Similar or identical outputs may be generated for other users, and we cannot guarantee uniqueness
  • You are responsible for determining whether Your Outputs infringe any third-party rights before distribution or commercialization

6.5 Content Moderation

We reserve the right, but have no obligation, to:

  • Monitor, review, or moderate User Content and AI-generated outputs
  • Remove, block, or refuse to process any content that violates these Terms or that we find objectionable for any reason
  • Suspend or terminate accounts that repeatedly violate our content policies
  • Cooperate with law enforcement regarding illegal content

We are not responsible for any content posted by users or generated by the AI.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services, including all software, algorithms, models, features, functionality, text, graphics, logos, and trademarks, are owned by Simplifine and its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features. All rights not expressly granted are reserved.

7.2 Third-Party Intellectual Property

If you believe that content on our Services infringes your intellectual property rights, please see Section 8 (DMCA Policy) below.

8. Digital Millennium Copyright Act (DMCA) Policy

8.1 DMCA Compliance

We respect intellectual property rights and expect our users to do the same. We will respond to valid notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. ยง 512).

8.2 Filing a DMCA Notice

If you believe that content on the Services infringes your copyright, please send a written notice to our designated DMCA agent containing:

  • A physical or electronic signature of the copyright owner or authorized representative
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the infringing material and information sufficient to locate it
  • Your contact information (address, telephone number, email address)
  • A statement that you have a good faith belief that use of the material is not authorized
  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

DMCA Agent:

Simplifine Corp.

Attn: DMCA Agent

Email: founders@orcaengine.ai

Address: San Francisco, CA

8.3 Counter-Notice

If you believe your content was removed in error, you may file a counter-notice containing:

  • Your physical or electronic signature
  • Identification of the removed content and its prior location
  • A statement under penalty of perjury that removal was due to mistake or misidentification
  • Your contact information and consent to jurisdiction

8.4 Repeat Infringer Policy

We will terminate accounts of users who are repeat infringers of intellectual property rights.

9. Third-Party Content and Services

The Services may contain links to third-party websites, services, APIs, or content. We do not control, endorse, or assume responsibility for any third-party content, and you access such content at your own risk. Your use of third-party services is governed by their respective terms and policies.

10. Payment Terms

10.1 Fees and Billing

Some features of the Services require payment. You agree to:

  • Pay all applicable fees as described at the time of purchase
  • Provide accurate and complete payment information
  • Promptly update your payment information if it changes
  • Authorize us to charge your payment method for all fees incurred

All payments shall be in U.S. Dollars (USD).

10.2 Refund Policy

All purchases are non-refundable except where required by law. We do not provide refunds for partial subscription periods, unused credits, or dissatisfaction with AI-generated outputs.

10.3 Price Changes

We reserve the right to change our pricing at any time. Price changes will apply to renewals and new subscriptions but will not affect the current billing period for existing subscriptions.

10.4 Taxes

Fees are exclusive of applicable taxes, which you are responsible for paying unless you provide valid tax exemption documentation.

11. Term and Termination

11.1 Term

These Terms remain in effect until terminated by either you or Simplifine.

11.2 Termination by You

You may terminate your account at any time by contacting us at founders@orcaengine.ai or using account deletion features in the Services. Termination does not entitle you to a refund.

11.3 Termination by Us

We may suspend or terminate your account or access to the Services at any time, for any reason or no reason, with or without notice, including but not limited to:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Excessive usage that impacts system performance
  • Extended periods of inactivity

11.4 Effects of Termination

Upon termination:

  • Your right to use the Services immediately ceases
  • We may delete your account and associated data after a reasonable period (typically 30 days)
  • You remain responsible for all fees incurred before termination
  • Sections of these Terms that by their nature should survive will survive, including ownership provisions, disclaimers, indemnification, and limitations of liability

11.5 Data Export

You may request a copy of your data before termination by contacting us. We will make reasonable efforts to provide your data in a portable format within 30 days.

12. Disclaimers and Limitations of Liability

12.1 Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLIFINE DISCLAIMS ALL WARRANTIES, INCLUDING:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE
  • WARRANTIES REGARDING AI OUTPUT QUALITY, ACCURACY, ORIGINALITY, OR NON-INFRINGEMENT
  • WARRANTIES THAT AI-GENERATED CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

NO ADVICE OR INFORMATION OBTAINED FROM SIMPLIFINE OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT WILL SIMPLIFINE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
  • DAMAGES ARISING FROM AI-GENERATED CONTENT, INCLUDING INACCURATE OUTPUTS, INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS, OR SECURITY VULNERABILITIES
  • DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES
  • DAMAGES ARISING FROM THIRD-PARTY CONTENT OR CONDUCT
  • DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
  • DAMAGES ARISING FROM SERVICE INTERRUPTIONS, BUGS, OR ERRORS

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

  • THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR
  • ONE HUNDRED DOLLARS ($100)

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Applicability

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Simplifine, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your User Content or any content you submit
  • Your use, modification, distribution, or commercialization of AI-generated outputs
  • Claims that Your Outputs or User Content infringe or violate any third-party rights
  • Your violation of any law or regulation
  • Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with our defense.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at founders@orcaengine.ai and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified by these Terms.

Arbitration Terms:

  • The arbitration shall take place in San Francisco, California, or remotely via videoconference
  • The arbitration shall be conducted under California law
  • The arbitrator's decision shall be final and binding
  • Each party shall bear its own costs and attorneys' fees unless the arbitrator awards them to the prevailing party
  • The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary

Scope Limitations: This arbitration agreement applies to disputes about the use, payment, or provision of goods or services under these Terms, consistent with California law. It does not apply to disputes outside this scope, which may be brought in court.

14.3 Class Action Waiver

YOU AND SIMPLIFINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, REPRESENTATIVE, OR MASS ACTION.

The arbitrator may not consolidate claims or conduct any class arbitration.

14.4 Exceptions to Arbitration

Either party may bring a claim in small claims court if the claim qualifies and remains in small claims court. Additionally, either party may seek equitable relief in court to protect intellectual property rights.

14.5 Opt-Out of Arbitration

You may opt out of this arbitration agreement by sending written notice to founders@orcaengine.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement.

14.6 Governing Law and Venue

These Terms are governed by the laws of the State of California without regard to conflict of law principles. For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

14.7 Severability

If any portion of this Dispute Resolution section is found to be unenforceable, the remainder shall continue in full force and effect. If the Class Action Waiver is found unenforceable, the entire arbitration agreement (but not the rest of these Terms) shall be void, and the dispute shall be resolved in court.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Notice and any other policies referenced herein, constitute the entire agreement between you and Simplifine regarding the Services and supersede all prior agreements and understandings.

15.2 Modifications to Terms

We may update these Terms at any time by posting the amended terms on our website with a new "Last updated" date. Material changes will be notified via email or prominent notice in the Services.

Your continued use of the Services after changes are posted constitutes acceptance of the amended Terms. If you do not agree to the changes, you must stop using the Services and may terminate your account.

15.3 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of Simplifine.

15.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

15.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

15.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, government actions, natural disasters, or internet/telecommunications failures.

15.8 Export Controls

You agree to comply with all applicable export and import control laws and regulations. You may not use the Services if you are located in a country embargoed by the United States or if you are on any U.S. government list of prohibited or restricted parties.

15.9 U.S. Government Rights

The Services constitute "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202. Use by the U.S. Government is subject to these Terms.

15.10 Contact Information

If you have any questions about these Terms, please contact us at:

Simplifine Corp.

Email: founders@orcaengine.ai

Website: orcaengine.ai

Location: San Francisco, California

16. Notice to California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.