Terms of Service

These Terms of Service ("Terms") govern your use of Orca. Orca is provided by Gamina Teknoloji ve Yazılım Hizmetleri A.Ş. ("Gamina", "we", "us"), Esentepe Mah. Talat Paşa Cad. No: 5, İç Kapı No: 1, Şişli, İstanbul, Türkiye.

By creating an account, installing an Orca app or using any part of Orca, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use Orca.

1. What Orca is

Orca lets you run and manage a team of AI agents on your own computer. It consists of:

• Orca Server for Mac, a menu-bar app that runs the Orca server on your Mac;
• Orca for Mac and the web app at app.orca.actor, the clients you use to work with your server;
• remote access, which lets your clients reach your server from anywhere through an address such as yourname.orca.actor;
• the server directory, which keeps track of the Macs you have connected;
• in-app feedback, which sends us the bug reports and ideas you choose to file; and
• the website at orca.actor, including downloads and documentation.

Together these are the "Service". Orca's server runs on hardware you control. Your projects, code, conversations and agent histories are stored on your computer, not by us.

2. Beta

Orca is currently in beta. Features may change, break, be removed or behave unexpectedly, and data loss is possible. Keep your own backups before relying on Orca for important work.

3. Who can use Orca

You must be at least 18 years old and able to form a binding contract. If you use Orca on behalf of a company or other organisation, you confirm that you are authorised to accept these Terms for it, and "you" includes that organisation.

4. Your account

You sign in to Orca with your Google account. You are responsible for keeping that account secure and for everything done through your Orca account and your Orca servers. Tell us promptly at support@gamina.app if you believe your account or a server has been compromised.

Each Orca server has one owner: the account that first signs in to it. You are responsible for who you allow to use your devices and clients.

5. Licence to use the Orca software

Subject to these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Orca apps on devices you own or control, for your personal use or your organisation's internal business purposes.

You may not, except where the law or an applicable open-source licence expressly allows it:

• copy, modify, distribute, sell, rent or sublicense the Orca apps or the Service;
• reverse engineer, decompile or disassemble them;
• remove or alter any proprietary, copyright or licence notices;
• use the Service to build a competing product by copying its features or design; or
• circumvent any technical limits or security measures.

Open-source components. Orca includes open-source software. Each component is licensed under its own licence, listed at orca.actor/legal/open-source and under Settings → About → Open-source licenses in the apps. Nothing in these Terms limits your rights under those licences.

Updates. We may release updates. Some updates may be required to keep using the Service, for example for security or compatibility.

6. AI agents act on your computer, under your control

Orca runs AI agents that can read and write files, run commands and programs, use Git, install packages, access the network and take other actions on your computer, with the permissions you give them. AI output can be wrong, incomplete, insecure or unexpected.

You are responsible for:

• choosing which projects, folders, tools and permission modes your agents may use;
• reviewing what agents produce and do before relying on it, merging it, publishing it or deploying it;
• keeping backups of your computer, repositories and data; and
• making sure your agents' actions comply with the law and with the rights of others.

We do not control and are not responsible for what AI models generate or for actions agents take on your instructions or within the permissions you set.

7. Third-party AI providers and services

Orca works with AI and other services that you connect using your own accounts, subscriptions or API keys. Examples include Anthropic (Claude), OpenAI (Codex/ChatGPT), ElevenLabs, GitHub and others. Some optional features, which are off until you turn them on in Settings → Privacy, also use public services such as Open-Meteo (weather), Frankfurter (currency rates), Yahoo Finance (market quotes) and Google's website-icon service. When you use any of them:

• your use of it is governed by your own agreement with that provider where you have one, and you must follow that provider's terms, usage policies and limits;
• requests travel from your computer or browser directly to that provider; we do not receive, resell or pay for your AI usage, and Orca never charges for AI usage;
• the provider's availability, limits, pricing and output are outside our control; and
• provider names and marks belong to their owners. Orca is not affiliated with or endorsed by them unless we say so expressly.

8. Remote access

Remote access connects your clients to your server through Cloudflare's network, using an address under orca.actor that we assign to you.

• You are responsible for the security of the computer running your server, including keeping it updated and protecting your sign-in.
• Addresses under orca.actor remain ours. We assign them to you for use with Orca and may change, suspend or reclaim one if it is used in breach of these Terms, is inactive for an extended period, or must change for technical or legal reasons.
• You may not use remote access to host public websites or services for others, to relay traffic unrelated to Orca, or to get around Cloudflare's or our limits.

9. Your content

"Your Content" means everything you create, store or process with Orca, including code, files, prompts, conversations and agent output. You keep all rights to Your Content. Because Orca's server runs on your computer, we do not have access to Your Content stored there.

Feedback. If you send us feedback through the app or by email, including any text and screenshot you attach, you allow us to use it to improve Orca without any obligation to you. Do not include confidential information, secrets or other people's personal data in feedback.

10. Acceptable use

You must not use Orca to:

• break the law, or infringe or misappropriate anyone's intellectual property, privacy or other rights;
• create, distribute or run malware, or gain unauthorised access to any system, account or data;
• attack, overload, scan or disrupt the Service, Cloudflare, Google or any other network or system;
• send spam or carry out fraud, phishing or impersonation;
• produce or distribute content that is illegal, sexually exploits minors, or promotes violence or terrorism;
• breach the terms or usage policies of any AI provider or other service you connect; or
• resell, share or provide the Service to third parties as a hosted or managed service without our written permission.

11. Fees

Orca is currently provided free of charge during the beta. If we introduce paid plans, we will tell you the prices and terms before you are charged, and paid features will be subject to those additional terms. Using Orca never makes us responsible for fees charged by your AI providers or other services.

12. Privacy

Our Privacy Policy explains what personal data we process and how. Users in Türkiye can also read our KVKK Aydınlatma Metni (information notice).

13. Our intellectual property

The Service, the Orca apps (other than open-source components), the Orca name, logos, artwork and designs, and the orca.actor websites belong to Gamina or its licensors. These Terms do not give you any right to use our trademarks or branding.

14. Disclaimers

To the extent permitted by law, the Service and the Orca apps are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, that AI output will be accurate, or that data will not be lost.

15. Limitation of liability

To the extent permitted by law:

• we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity;
• we are not liable for actions taken by AI agents on your computer, for the output of AI models, or for third-party services you connect; and
• our total liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim and (b) USD 100.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for intent or gross negligence, or for death or personal injury caused by negligence. Nothing in these Terms affects rights you have as a consumer that cannot be waived.

16. Indemnity

If you use Orca for business purposes, you will defend and indemnify Gamina against third-party claims arising from Your Content, your agents' actions, your use of third-party services, or your breach of these Terms or the law.

17. Suspension and termination

You may stop using Orca at any time, and delete your account under Settings → Privacy → Delete account in the apps or by emailing support@gamina.app.

We may suspend or end your access to the Service, including remote access and directory entries, if you breach these Terms, if required by law, or to protect the Service, other users or third parties. Where reasonable, we will tell you in advance. We may also discontinue the Service or any part of it. During the beta we will try to give reasonable notice.

Sections that by their nature should survive termination will survive it, including sections 9 and 13 to 20.

18. Changes to these Terms

We may update these Terms. We will post the new version at orca.actor/legal/terms with a new effective date, and keep earlier versions in the archive linked from that page. For material changes, we will ask you to accept the new version when you next sign in. If you do not accept, you must stop using the Service.

19. Governing law and disputes

These Terms are governed by the laws of the Republic of Türkiye, excluding its conflict-of-law rules. The courts and enforcement offices of İstanbul (Çağlayan) have exclusive jurisdiction over disputes.

If you are a consumer, this does not take away mandatory protections of the law of your country of residence, or your right to apply to the consumer arbitration committees and consumer courts competent under Turkish Consumer Protection Law No. 6502 or your local law.

20. General

• These Terms, together with any additional terms we present for specific features, are the entire agreement between you and us about the Service.
• If any provision is found unenforceable, the rest remains in effect.
• You may not transfer these Terms without our consent. We may transfer them in connection with a merger, acquisition or sale of assets, or to an affiliate.
• Our failure to enforce a provision is not a waiver.
• These Terms are written in English. Translations are provided for convenience; if they conflict, the English version prevails, unless mandatory law requires otherwise.

21. Contact

Gamina Teknoloji ve Yazılım Hizmetleri A.Ş.
Esentepe Mah. Talat Paşa Cad. No: 5, İç Kapı No: 1, Şişli, İstanbul, Türkiye
Legal, privacy and security: support@gamina.app