Simpl Terms of Service.

1. Who This Agreement Is With

These Terms of Service (“Terms”) are a binding agreement between Simpl Technologies, LLC, a Wyoming limited liability company (“Simpl,” “we,” “us,” or “our”), and the entity or individual using Simpl’s game server hosting and orchestration platform (“Customer,” “you,” or “your”).

By creating an account, accessing the API, or using the Simpl dashboard, you agree to these Terms. If you are using Simpl on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to that entity.

2. Definitions

• “Account” means the developer account created to access and use the Service.
• “API Key” means a credential (including a session token, server key, or client key) used to authenticate requests to the Service on behalf of an Account or a specific Project.
• “Billing Cycle” means a calendar month in Coordinated Universal Time (UTC), beginning at 00:00 UTC on the first day of the month and ending at 23:59:59 UTC on its last day. Usage is totaled for each Billing Cycle and charged on the first day of the following month, UTC.
• “Build” means a game server binary or executable, and any associated files, uploaded by you for the Service to run.
• “Customer Content” means Builds, environment variable values, and any other data or material you upload, configure, or transmit through the Service.
• “Egress” means data sent out of your Servers to the internet.
• “Game Server” or “Server” means an instance of your Build provisioned and run by the Service.
• “Grace Period” means the period following a failed payment during which an Account’s existing capability continues while Simpl attempts to collect payment, as described in Section 6.
• “Lobby” means a grouping of players assembled by you or your players prior to being matched into a Server, as supported by the Service’s matchmaking features.
• “Locked” means an Account status in which API access and running Servers are suspended due to unresolved non-payment, as described in Section 6.
• “Plan” means one of the service tiers Simpl offers (currently Free, Pay-As-You-Go, and Pro), each with its own pricing and capability limits as described on Simpl’s pricing page.
• “Project” means a logical grouping of Builds, Servers, and configuration within an Account, used to organize a single game or environment.
• “Queue” means a matchmaking construct that groups players or Lobbies according to rules you configure, in order to assemble them into a Server.
• “Region” means a geographic hosting location offered by the Service in which a Server may be provisioned.
• “Service” means the Simpl platform, including its API, dashboard, documentation, and any related infrastructure Simpl provides to operate the above.
• “Usage” means the metered consumption of Service resources (such as Server run time, by Region and configuration, and Egress) that determines charges under a Pay-As-You-Go or Pro Plan.

Other terms are defined where they first appear in these Terms.

3. The Service

Simpl provides automated, pay-as-you-go dedicated game server hosting and orchestration (“the Service”), including server provisioning, scaling, matchmaking (Queues and Lobbies), and usage-based billing. The Service is a business-to-business (B2B) infrastructure product intended for use by game developers and studios, not by end players directly.

Simpl reserves the right to modify, suspend, or discontinue any part of the Service, with reasonable notice where practicable, except where immediate action is necessary for security, legal compliance, or to prevent harm to the Service or other customers.

4. Accounts

You must provide accurate registration information and keep it current. You are responsible for all activity under your Account, including actions taken using your API Keys. You must notify Simpl promptly of any unauthorized use of your Account or a suspected key compromise.

Simpl offers three Plans (Free, Pay-As-You-Go, and Pro), described on the pricing page and enforced according to the limits in effect at the time of use. Simpl may change Plan pricing or limits with at least 30 days’ notice for existing customers; continued use after a change takes effect constitutes acceptance.

5. Acceptable Use

You may not use the Service in a way that degrades the Service or interferes with other customers. Simpl is a shared platform, and your use must not harm its performance, availability or security, or the use of it by others.

You are solely responsible for the Customer Content you upload or run through the Service. You agree not to use the Service to:

• Host or distribute malware, exploits, or content designed to compromise other systems, whether belonging to Simpl, other customers, or third parties;
• Attempt to access, probe, or interfere with Simpl’s infrastructure, other customers’ Servers or data, or any non-public system, including any attempt to discover or exploit internal registry, build, or orchestration details not exposed through the documented API;
• Run cryptocurrency mining, general-purpose compute, or any workload unrelated to hosting a multiplayer game server;
• Violate applicable law, infringe third-party intellectual property, or facilitate illegal gambling, fraud, or the exchange of real-world value tied to in-game outcomes in a manner that violates applicable law;
• Send requests to the Service at a rate above its documented rate limits, or work around those limits;
• Create Servers, lobbies, queues or other resources in a volume or pattern meant to overload or exhaust the Service;
• Use Servers to attack, scan or send unwanted traffic to other systems; or
• Create multiple Accounts to avoid Plan limits or charges.

Heavy use of the Service within your Plan, for which you pay your Usage charges, is not a violation of this section unless it degrades the Service for others.

Simpl may suspend or terminate access for a violation of this section, with or without notice depending on severity, including immediate suspension for anything posing a security risk to the Service or other customers.

6. Billing and Payment

Pay-As-You-Go and Pro Plans are billed based on metered Usage (Server run time by tier, Region, and configuration) plus, for Pro, a recurring Pro Plan fee. Usage accrues continuously and is charged on the first day of every month, UTC, for the Billing Cycle that just ended. The minimum charge threshold is $2.00. If the total owed for Usage (including Egress) in a Billing Cycle is below $2.00, it is carried forward to the next Billing Cycle and charged once the total owed reaches $2.00. Usage owed on a Pro Plan Account that is being charged the Pro Plan fee is charged together with the Pro Plan fee, whatever its amount. The Pro Plan fee is charged in advance on the first day of every month, UTC, for the month that is starting. Usage and the Pro Plan fee appear as itemized lines on one invoice. The Pro Plan fee is charged in full every month and is not subject to the minimum charge threshold that applies to Usage.

If you upgrade to the Pro Plan partway through a month, a prorated Pro Plan fee, based on the time remaining in that month, is charged. If the prorated fee is at least the minimum charge threshold described in this Section, it is charged at the time of the upgrade. If it is less than the minimum charge threshold, it is added to the amount charged on the first day of the next month, you remain responsible for it even if you change Plans before then, and it counts toward the minimum charge threshold in the same way as Usage unless you are charged the Pro Plan fee that month. The Pro Plan fee, whether charged in full or prorated, is always charged, and a prorated Pro Plan fee remains owed even if you cancel before it is collected.

You may cancel the Pro Plan at any time. Cancellation takes effect at the end of the current Billing Cycle, and Pro features remain available until then. No Pro Plan fee is charged for any later Billing Cycle. The Pro Plan fee already charged for the current Billing Cycle is not refunded.

Egress and bandwidth. Every Billing Cycle, each Account receives 50GB of Egress for free. The 50GB applies to the Account as a whole, across all of its Servers and Projects, on every Plan. Once an Account’s Egress reaches 45GB in a Billing Cycle, Simpl gives it a warning that it will start to be charged soon. Once the Account’s Egress passes 50GB in that Billing Cycle, Egress used beyond 50GB is charged at $0.06 per GB. The rate is the same in every Region. Egress up to 50GB is not charged. The count resets each Billing Cycle. If an Account disputes an Egress charge, Simpl will identify the Servers that Account started and trace the Egress through Simpl’s service provider, and will show the Account the service provider’s record of the data sent out, so the Account can see the charge is correct.

Payment methods are processed by Stripe, Inc. Simpl does not store your card number. By providing a payment method, you authorize Simpl to charge it for all fees incurred under your Account.

Failed payments. If a charge fails, your Account enters a Grace Period during which existing capability continues while Simpl attempts to collect payment. If payment is not resolved within the Grace Period, your Account may become Locked, which suspends API access and running Servers until the balance is resolved. You remain responsible for Usage incurred, and for the Pro Plan fee if you are subscribed to the Pro Plan, before an Account is Locked. If you remain subscribed to the Pro Plan while your Account is Locked, the Pro Plan fee continues to be charged on the first day of each month.

Refunds. Fees for Usage already incurred and the Pro Plan fee are non-refundable. Simpl may issue credits at its discretion for documented Service errors attributable to Simpl. A credit is not a refund.

Taxes. Fees are exclusive of applicable sales, use, VAT, GST, or similar taxes, which Simpl may collect where required by law.

7. Data, Customer Content, and License Grant

Builds and other Customer Content you upload remain your property. By uploading Customer Content, you grant Simpl a non-exclusive, worldwide license to host, store, reproduce, and execute that content solely as necessary to operate, maintain, and provide the Service to you. This license exists only to let Simpl do the job you’re paying it to do, and grants Simpl no other rights to your content.

Server logs are retained for a limited period (currently up to three days) and then deleted, and are used for operational visibility and support.

Environment variables you configure are encrypted at rest and treated as write-only; Simpl does not expose their values back to you or any third party after they are set.

Database backups are encrypted and retained on a rolling schedule for disaster-recovery purposes only. Simpl performs routine backups but does not guarantee against all forms of data loss; you are encouraged to maintain independent copies of your Builds.

Simpl does not sell Customer Content or Account data to third parties. See the Simpl Privacy Policy for further detail on data handling.

8. Feedback

If you send Simpl feedback, suggestions, or ideas about the Service, you grant Simpl a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, without any obligation to compensate or credit you.

9. No Service Level Agreement; Disclaimer of Warranties

No SLA. Simpl does not currently provide a formal Service Level Agreement or guarantee a specific uptime commitment. Simpl relies in part on third-party infrastructure providers whose availability is outside Simpl’s control.

AS IS / AS AVAILABLE. The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Simpl does not warrant that the Service will be uninterrupted, error-free, or fully secure.

10. Intellectual Property

Simpl retains all rights to the Service itself, including its software, documentation, dashboard, and API. Nothing in these Terms grants you rights to Simpl’s intellectual property beyond the limited right to use the Service as described here.

11. Limitation of Liability

To the maximum extent permitted by law, Simpl is not liable for indirect, incidental, special, consequential, or punitive damages, including lost revenue, lost profits, or lost data, arising from your use of the Service, even if advised of the possibility of such damages.

Simpl’s total liability arising from these Terms or the Service is limited to the amount you paid to Simpl in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

Nothing in this section limits liability that cannot be limited under applicable law.

12. Indemnification

You agree to indemnify and hold Simpl harmless from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your Customer Content, your violation of these Terms, or your violation of applicable law or third-party rights.

13. Termination

You may stop using the Service and close your Account at any time. Simpl may suspend or terminate your access for a material breach of these Terms, including violations of Section 5 (Acceptable Use), non-payment beyond the Grace Period described in Section 6, or as required by law.

Closing your Account ends your Plan and your access to the Service. If you are on the Pro Plan, no Pro Plan fee is charged for any later Billing Cycle, and the Pro Plan fee already charged is not refunded. If you are on the Pay-As-You-Go Plan, you remain responsible for Usage incurred before your Account is closed.

Upon termination, your right to use the Service ends, and Simpl may delete your Account data after a reasonable period, subject to Simpl’s backup retention schedule and any legal obligation to retain records.

14. Changes to These Terms

Simpl may update these Terms from time to time. Material changes will be communicated with at least 30 days’ notice (such as email or an in-dashboard notice) before taking effect. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles.

Informal resolution first. Before filing a formal claim, you agree to contact Simpl and attempt to resolve the dispute informally. Most disagreements can be resolved this way without needing to involve a court.

Any dispute that isn’t resolved informally will be resolved in the state or federal courts located in Wyoming, and you consent to the jurisdiction of those courts.

16. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Simpl regarding the Service. Simpl’s failure to enforce a provision is not a waiver of that provision.

17. Legal Notices

Service of process and other formal legal notices must be sent to Simpl’s registered agent:

18. Contact

Questions about these Terms can be directed to support [at] simpl [dot] gg.