Terms of Service

Last Updated: Oct. 18, 2025

1. Introduction and Acceptance

1.1 Agreement Overview

These Terms of Service (“Terms”, “Agreement”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Elephanti Soft UG (haftungsbeschraenkt) (“MCP Express”, “we,” “us,” or “our”), governing your access to and use of the MCP Express platform.

1.2 Scope of Services

This Agreement governs your access to and use of:

The MCP Express web platform and all subdomains
Model Context Protocol (MCP) server creation and management tools
API integrations and database connection services
All related documentation, features, and services (collectively, the “Services”)

1.3 Acceptance and Eligibility

By creating an account or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. You represent and warrant that:

You are creating an account and using our Services on behalf of a legally recognized business, organization, or entity (“Organization”)
You are at least 18 years of age and have the legal authority to bind your Organization to this Agreement
Your Organization has the legal capacity to enter into binding agreements
Your use of our Services complies with all applicable laws and regulations
All information provided during registration is accurate and current

If you do not agree to these Terms, you must immediately discontinue use of our Services.

2. Service Plans and License Types

2.1 Service Tiers

We offer multiple service tiers with varying features, usage limits, and support levels. Current service plans, pricing, and features are detailed on our Pricing Page at https://www.mcp-express.com/pricing/ and in your account dashboard.

Service tiers generally include:

Free Tier: For evaluation and non-commercial use
Paid Tiers: For commercial use with varying feature sets and usage limits
Enterprise Tier: For large organizations with custom requirements and separate agreements

Specific features, limitations, pricing, and support terms for each tier are subject to change and are governed by the current Pricing Page at the time of your subscription or renewal.

2.2 License Grant

For Free Tier Users: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for personal, non-commercial, evaluation purposes. Free tier Services may not be used for commercial purposes, business operations, production deployments, or revenue-generating activities.

For Paid Tier Users: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for commercial business purposes in accordance with this Agreement and the usage limits of your selected service plan.

For Enterprise Customers: License terms are defined in your separate Master Service Agreement.

2.3 License Restrictions

You may not:

Modify, reverse engineer, decompile, or create derivative works of our Services
Interfere with, disrupt, or impose unreasonable burdens on our Services or servers
Access or use our Services to build competitive or substantially similar services
Remove, alter, or obscure any proprietary rights notices in our Services
Sublicense, resell, rent, lease, or otherwise transfer your rights to the Services
Use automated systems or software to extract data from our Services (scraping)
Attempt to gain unauthorized access to any portion of our Services
Use the Free Tier for any commercial purposes, business operations, or production deployments
Exceed the usage limits of your selected service plan

2.4 Plan Changes and Upgrades

You may upgrade or downgrade your service plan at any time through your account dashboard. Changes take effect according to the terms displayed during the change process. Current pricing and plan details are available at https://www.mcp-express.com/pricing/.

3. Customer Responsibilities and Shared Security

3.1 Shared Responsibility Model

MCP Express operates on a shared responsibility model. We are responsible for securing the platform infrastructure, while you are responsible for the secure configuration and use of your integrations, custom code, and connected services.

3.2 Security Practices

Our Commitment: We implement industry-standard security practices to protect the platform, including encryption, access controls, and regular security updates.

Your Responsibility: You must implement appropriate security measures for your use of the Services, including:

Secure configuration of APIs and integrations you connect to the platform
Proper management and storage of credentials, API keys, and access tokens
Ensuring custom code is free from malware and complies with applicable laws
Maintaining security of your connected systems and third-party services
Promptly notifying us of any suspected security incidents

3.3 Prohibited Activities

You may not use our Services to:

Engage in illegal activities or violate any applicable laws or regulations
Distribute spam, malware, ransomware, or other malicious code
Infringe on intellectual property rights of MCP Express or third parties
Harass, abuse, or harm other users or third parties
Conduct security testing or penetration testing without prior written approval
Circumvent usage limits, security measures, or access controls
Process or store data in violation of applicable data protection laws

4. Billing, Payments, and Subscription Terms

4.1 Pricing and Fees

Current pricing for all service tiers is published on our Pricing Page at https://www.mcp-express.com/pricing/. By subscribing to a paid plan, you agree to pay the fees specified for your selected service tier.

4.2 Payment Processing

Free and Paid Self-Service Plans:

All payments processed through Stripe payment gateway
Billing occurs monthly in advance via credit card
Prices displayed in EUR; VAT added for EU customers where applicable
Payment information stored and processed by Stripe per their terms

Enterprise Plans:

Custom payment terms defined in separate Master Service Agreement
Typically invoice-based billing with negotiated payment terms

4.3 Automatic Renewal

Paid subscriptions automatically renew at the end of each billing period unless cancelled at least 30 days before renewal date. You authorize us to charge your payment method for renewal fees.

4.4 Payment Failures and Retries

Stripe-Processed Payments:

Failed payments trigger Stripe’s automatic retry logic
We will attempt to notify you of payment failures via email
Service access may be suspended if payment cannot be processed after retry period
Accounts can be reactivated upon successful payment

Service Suspension:

We reserve the right to suspend access to Services for non-payment
Suspension does not relieve you of payment obligations
Data retention during suspension period: 30 days

4.5 Usage Limits and Overages

Usage Limits:

Each service plan has defined usage limits (tool calls, MCP servers, etc.) as specified on the Pricing Page
Automatic notifications at defined usage thresholds
Service may be restricted upon reaching limits until upgrade or renewal
No automatic overage charges without explicit opt-in

Exceeding Limits:

You will receive notifications as you approach usage limits
Upon reaching limits, you may be prompted to upgrade your plan
We reserve the right to restrict service functionality if limits are exceeded

4.6 Refunds and Cancellations

Monthly Plans:

No refunds for partial months
Cancellation effective at end of current billing period
Access continues through paid period after cancellation

Annual Plans:

Pro-rata refunds available within first 30 days
After 30 days, cancellation effective at end of annual term
No refunds for partial use after 30-day period

4.7 Price Changes

We may modify pricing with 60 days’ advance notice to existing customers. Continued use after price change constitutes acceptance. You may cancel before new pricing takes effect.

4.8 Taxes

Prices exclude applicable taxes. You are responsible for all taxes associated with your purchase, except taxes based on our net income.

5. Data Processing and Privacy

5.1 Data Ownership

You retain all ownership rights to your data, content, configurations, and any intellectual property you submit to our Services.

5.2 Data Processing Agreement (DPA)

Our Role: We act as a data processor on your behalf for any personal data processed through our Services.

Your Role: You are the data controller and are responsible for ensuring lawful processing of personal data.

Processing Purpose: We process data solely to provide Services and as instructed by you through platform configurations.

Data Security: We implement appropriate technical and organizational measures to protect data, including:

Encryption in transit (TLS 1.2+) and at rest (AES-256)
Access controls and authentication mechanisms
Regular security assessments and updates
Incident response procedures

Sub-processors: We may use third-party sub-processors (AWS, Stripe, etc.) to provide Services. Current sub-processor list available at https://www.mcp-express.com/sub-processors-list/.

Data Location: Primary data storage in EU. International transfers protected by Standard Contractual Clauses or equivalent mechanisms.

Data Retention: Upon termination, customer data deleted within 30 days unless legally required to retain.

Audit Rights: Professional and Enterprise customers may request security documentation upon reasonable notice.

5.3 Data Subject Rights

We will reasonably assist you in fulfilling data subject requests (access, rectification, deletion, portability) as required under GDPR and applicable data protection laws.

5.4 Security Incidents

We will notify you without undue delay upon becoming aware of any security incident affecting your data, providing information necessary to meet your legal obligations.

5.5 Privacy Policy

Our Privacy Policy, available at https://www.mcp-express.com/privacy-policy/, governs our collection and processing of personal information. By using our Services, you also agree to our Privacy Policy.

6. Service Level Commitments

6.1 Service Level Agreement

Service level commitments, including uptime guarantees and support response times, vary by service tier and are detailed on our Pricing Page at https://www.mcp-express.com/pricing/.

General service level framework:

Free Tier: Best effort, no uptime guarantee or formal support commitment
Paid Self-Service Tiers: Target uptime commitments with defined support response times
Enterprise Tier: Custom SLA defined in separate agreement

Specific SLA terms, including uptime percentages, support response times, and service credit calculations, are subject to change and are governed by the terms published on our Pricing Page.

6.2 Uptime Calculation

For service tiers with uptime commitments, uptime is calculated monthly excluding:

Scheduled maintenance with advance notice as specified in your service tier
Force majeure events
Issues caused by customer configurations or integrations
Third-party service failures beyond our control
Denial of service attacks or similar security incidents

6.3 Service Credits

Service credit terms, if applicable to your service tier, are specified on our Pricing Page. Credits, when offered, are typically the sole remedy for SLA failures and are automatically applied to your next invoice.

6.4 Support Terms

Support availability, response times, and channels vary by service tier as detailed on our Pricing Page. Support is generally provided during business hours in Central European Time unless otherwise specified for your service tier.

6.5 Maintenance Windows

Scheduled maintenance is performed with advance notice as appropriate to your service tier. Maintenance is typically scheduled during low-traffic periods outside EU business hours. Emergency maintenance may be performed with best-effort notice when required for security or critical system issues.

7. Intellectual Property Rights

7.1 Our Intellectual Property

We retain all rights, title, and interest in and to:

The MCP Express platform, software, and technology
Platform features, functionality, and improvements
Documentation, guides, and educational materials
Trademarks, logos, service marks, and brand elements
Any modifications or derivatives of the above

7.2 Your Intellectual Property

You retain all rights to:

Your data, content, and configurations
Your custom code and MCP server implementations
Your integrated APIs and connected services
Your business processes and workflows

7.3 License to Your Content

By using our Services, you grant us a limited license to:

Use, store, and process your content solely to provide Services
Display your content as necessary for platform functionality
Back up and secure your content
Use anonymized, aggregated data for service improvement

This license terminates when you delete content or terminate your account.

7.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about our Services, you grant us an irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

7.5 Third-Party Components

Our Services may incorporate open-source and third-party software components. Such components are licensed under their respective terms, available upon request.

8. Warranties and Disclaimers

8.1 Service Warranty Disclaimer

OUR SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION
FREEDOM FROM VIRUSES, MALWARE, OR HARMFUL COMPONENTS
RESULTS OBTAINED FROM USE OF SERVICES
COMPATIBILITY WITH YOUR SYSTEMS OR REQUIREMENTS

8.2 Third-Party and Customer Services

Our Services allow you to integrate with third-party APIs and services, as well as your own internal APIs, databases, and systems. We do not control, endorse, or assume responsibility for:

Availability, performance, or security of third-party or customer-owned services
Content, accuracy, or reliability of data from third-party or customer systems
Changes to third-party APIs or terms of service
Configuration, security, or performance of customer’s own APIs and databases
Third-party or customer service failures or interruptions
Data breaches or security incidents in connected systems

Your use of third-party services is governed by their respective terms. You are solely responsible for the security, availability, and proper configuration of your own APIs, databases, and internal systems that you connect to our Services. We recommend reviewing third-party terms and ensuring your own systems are properly secured before integration.

8.3 Custom Code Disclaimer

We do not validate, review, or guarantee the quality, security, or functionality of customer-submitted custom code. You are solely responsible for testing and validating custom code.

8.4 Force Majeure

We are not liable for failures caused by circumstances beyond our reasonable control, including:

Acts of God, natural disasters, severe weather
War, terrorism, riots, civil unrest
Pandemic, epidemic, or public health emergency
Government actions, embargoes, or regulatory changes
Strikes, labor disputes, or supply chain disruptions
Internet or telecommunications failures
Third-party service provider outages

9. Limitation of Liability

9.1 Liability Caps

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF SERVICES SHALL NOT EXCEED:

Free Tier: No liability. Free Services are provided “as is” for evaluation purposes only. To the maximum extent permitted by law, we have no liability for any damages arising from use of Free tier Services.

Paid Self-Service Tiers: The fees paid by you in the 6 months preceding the claim, as specified for your service tier on our Pricing Page

Enterprise Tier: As specified in separate Master Service Agreement

The specific liability cap applicable to your service tier is detailed on our Pricing Page at the time of your subscription.

9.2 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOST PROFITS, REVENUE, SAVINGS, OR BUSINESS OPPORTUNITIES
LOSS OF DATA, GOODWILL, OR REPUTATION
BUSINESS INTERRUPTION OR DOWNTIME
COST OF SUBSTITUTE SERVICES OR TECHNOLOGY
DAMAGES CAUSED BY YOUR MISUSE OF SERVICES
DAMAGES CAUSED BY THIRD-PARTY SERVICES OR INTEGRATIONS
SECURITY BREACHES CAUSED BY YOUR CONFIGURATION OR PRACTICES

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

9.3 Shared Responsibility Limitations

We are not liable for damages arising from:

Improperly secured APIs or endpoints exposed by you
Poor credential management or storage practices
Malicious, faulty, or poorly written custom code
Your violation of third-party service terms
Data breaches in your systems or connected services
Your failure to implement appropriate security measures
Unauthorized access due to weak authentication you configured

9.4 Exceptions to Limitations

Nothing in this Agreement limits liability for:

Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Gross negligence or willful misconduct
Violations of applicable consumer protection laws
Other liabilities that cannot be limited under applicable law

10. Indemnification

10.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless MCP Express, its affiliates, and their respective officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to:

Your access to, use, or misuse of our Services
Your violation of this Agreement or applicable laws
Your violation of third-party rights, including intellectual property rights
Your data, content, custom code, or configurations
Your integrated APIs and connected services
Security incidents caused by your configurations or practices
Claims by your end users or customers
Your negligence or willful misconduct

10.2 Our Indemnification Obligations

We agree to defend, indemnify, and hold you harmless from third-party claims that our Services infringe valid intellectual property rights, provided you:

Promptly notify us in writing of the claim
Grant us sole control of the defense and settlement
Provide reasonable cooperation in the defense

Our indemnification does not apply to claims arising from:

Your modification of our Services
Your combination of Services with other products
Your continued use after we notify you of infringement
Custom code or content you provide

10.3 Indemnification Process

The indemnified party must:

Promptly notify the indemnifying party of any claim
Grant sole control of defense and settlement (with approval of material terms)
Provide reasonable cooperation and assistance

The indemnifying party may not settle claims that impose obligations on the indemnified party without written consent.

11. Term, Termination, and Suspension

11.1 Agreement Term

This Agreement begins when you create an account and continues until terminated by either party.

11.2 Termination by You

You may terminate this Agreement at any time by:

Canceling your subscription through account settings (at least 30 days before renewal)
Sending written notice to service@elephanti-soft.de
Deleting your account

Termination effective at end of current billing period. No refunds for unused time except as specified in Section 4.5.

11.3 Termination by Us

We may terminate or suspend your access immediately, with or without notice, if:

You breach any provision of this Agreement
You violate applicable laws or regulations
Your use poses security or liability risks
Your account shows suspicious or fraudulent activity
You fail to pay fees when due
We cease offering Services (with 30 days’ notice)

11.4 Suspension of Services

We may temporarily suspend access without terminating your account if:

We suspect violation of this Agreement pending investigation
Payment failure pending resolution
Emergency security situation requiring immediate action
Court order or legal requirement

We will provide notice of suspension and opportunity to cure when reasonable.

11.5 Effect of Termination

Upon termination or expiration:

Your license to use Services terminates immediately
You must cease all access to and use of Services
We will delete your data within 30 days unless legally required to retain
You remain liable for all fees incurred before termination
Sections that by their nature should survive (liability, indemnification, IP rights) continue

11.6 Data Export

Before termination, you may export your data using provided export tools. After termination, we have no obligation to maintain or provide access to your data.

11.7 Account Reactivation

Suspended accounts may be reactivated upon:

Payment of outstanding fees
Remediation of violation
Our approval at sole discretion

12. General Provisions

12.1 Entire Agreement

This Agreement, together with our Privacy Policy and any applicable Enterprise agreements, constitutes the entire agreement between you and MCP Express regarding the Services and supersedes all prior agreements and understandings.

12.2 Modifications to Terms

We may modify this Agreement from time to time. We will provide notice of material changes via:

Email to your account address
Notice on our website or platform
Update to the “Last Updated” date at the top of this Terms of Service

Continued use after changes constitutes acceptance. If you do not agree to modifications, you must terminate your account.

12.3 Modifications to Services

We reserve the right to:

Modify, suspend, or discontinue any aspect of Services with reasonable notice
Add, remove, or modify features and functionality
Implement new usage limits or restrictions
Change pricing for new customers (existing customers receive 60-day notice)

We will make reasonable efforts to maintain backward compatibility.

12.4 Governing Law and Jurisdiction

This Agreement is governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles.

Any disputes arising from or relating to this Agreement or the Services shall be subject to the exclusive jurisdiction of the courts of Stuttgart, Germany (Amtsgericht Stuttgart).

For international customers, the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12.5 Dispute Resolution

Informal Resolution: Before filing any claim, you agree to contact us at service@elephanti-soft.de to attempt informal resolution. We commit to working with you in good faith for at least 30 days.

12.6 Severability

If any provision is found invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect. Invalid provisions will be modified to reflect the parties’ intent to the maximum extent permitted by law.

12.7 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by authorized representative.

12.8 Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement to any affiliate or in connection with a merger, acquisition, or sale of assets without your consent.

12.9 No Agency

Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between you and MCP Express.

12.10 Export Compliance

Services may not be used or exported in violation of export control laws. You represent that you are not located in, under the control of, or a national of any country subject to EU or international sanctions.

12.11 Government Use

If you are a government entity, Services are provided as “Commercial Items” as that term is defined in applicable regulations. Government use is subject to this Agreement as specified herein.

12.12 Third-Party Beneficiaries

There are no third-party beneficiaries to this Agreement. Our affiliates and service providers may enforce provisions directly relevant to them.

12.13 Notice Requirements

Notices to You: Via email to your account address or by posting on our platform. Email notices deemed received 24 hours after sending.

Notices to Us: In writing to: Elephanti Soft UG (haftungsbbeschraenkt), Heinrich-Heine-Str. 10, 72180 Gomaringen, DE Email: service@elephanti-soft.de

12.14 Language

This Agreement is executed in English. Any translations are for convenience only. In case of conflict, English version prevails.

12.15 Contact Information

For questions about this Agreement or our Services Email: service@elephanti-soft.de

13. Enterprise Customers

Enterprise customers operate under separate Master Service Agreements (MSA) with custom terms. In case of conflict between this Agreement and an executed MSA, the MSA prevails.