Terms of Service

1. Service Description

• Directory & Information: We provide information and listings related to MCP products and services. While we strive for accuracy, we do not guarantee the completeness, timeliness, or accuracy of any information provided on the Platform regarding third-party MCP products or services.
• Development & Hosting: We offer tools and infrastructure for users to develop and host their own MCP servers ("User MCP Servers") on our Platform.
• Community: We may offer forums, chat rooms, or other interactive features for user discussion and collaboration related to MCP.
• Technical Support: We provide technical support related to the use of our development tools and Hosting Services (e.g., infrastructure availability, platform tool usage). This support does NOT extend to the internal functionality, logic, features, or content of User MCP Servers.

2. User Accounts

To access certain features, including development and hosting, you may need to register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and account credentials.
• Notify us immediately of any unauthorized use of your account.
• Be responsible for all activities that occur under your account.

3. User Responsibilities & Conduct

You are solely responsible for:

• Your use of the Platform and its services.
• Any code, data, content, or materials you develop, upload, host, or transmit using our Platform ("User Content"), including the content and functionality of your User MCP Server.
• Ensuring your User Content and User MCP Server comply with all applicable laws, regulations, and third-party rights (including intellectual property and privacy rights).
• The security and management of any data processed by your User MCP Server.

You agree NOT to use the Platform to:

• Host, develop, or promote any User MCP Server or content that is illegal, fraudulent, harmful, infringing, defamatory, obscene, harassing, or otherwise objectionable.
• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon the intellectual property rights of others.
• Transmit viruses, malware, or other malicious code.
• Interfere with or disrupt the integrity or performance of the Platform or the data contained therein.
• Attempt to gain unauthorized access to the Platform or its related systems or networks.

4. User MCP Servers & Content

• User Responsibility: You are entirely responsible for the design, development, operation, maintenance, functionality, legality, and content of your User MCP Server hosted on our Platform.
• No Platform Liability for Functionality: WE PROVIDE THE HOSTING INFRASTRUCTURE AND DEVELOPMENT TOOLS "AS IS". WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE FUNCTIONALITY, PERFORMANCE, DATA PROCESSING, SECURITY, OR ANY OTHER ASPECT OF ANY USER MCP SERVER DEVELOPED OR HOSTED ON OUR PLATFORM. WE DO NOT ENDORSE, REVIEW (EXCEPT AS NECESSARY FOR TECHNICAL SUPPORT OR ABUSE PREVENTION), OR GUARANTEE THE FUNCTIONALITY OR SAFETY OF ANY USER MCP SERVER.
• License Grant: By uploading or creating User Content or a User MCP Server on our Platform, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (e.g., for formatting), display, and distribute your User Content solely for the purpose of operating, providing, and improving the Platform and its services. You represent and warrant that you have all necessary rights to grant this license.
• Content Moderation & Removal: While we have no obligation to monitor User Content or User MCP Servers, we reserve the right to investigate violations of these Terms or applicable law. We may, in our sole discretion, suspend, disable access to, or remove any User Content or User MCP Server that we believe violates these Terms or is otherwise harmful or illegal, without prior notice.
• Cooperation with Authorities: We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform or hosting illegal or infringing User MCP Servers.
• No Liability for Removal or Content: WE WILL COOPERATE IN REMOVING OR DISABLING ACCESS TO USER MCP SERVERS FOUND TO BE INFRINGING OR ILLEGAL UPON RECEIVING VALID NOTICE OR AS REQUIRED BY LAW. HOWEVER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, OR LIABILITIES WHATSOEVER ARISING FROM (I) THE CONTENT OR FUNCTIONALITY OF ANY USER MCP SERVER HOSTED ON THE PLATFORM, OR (II) THE REMOVAL, SUSPENSION, OR DISABLING OF ANY USER MCP SERVER OR USER CONTENT IN ACCORDANCE WITH THESE TERMS, EVEN IF SUCH REMOVAL CAUSES LOSS OF DATA OR BUSINESS INTERRUPTION. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIM OF CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES.

5. Intellectual Property

• Our IP: The Platform, its underlying technology, software, documentation, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), and all other elements of the Platform ("Platform Materials") are owned or licensed by us and are protected by intellectual property laws. You may not use the Platform Materials except as expressly permitted by these Terms.
• Your IP: You retain ownership of the intellectual property rights in your User Content and your specific User MCP Server code that you create, subject to the license granted to us in Section 4.

6. Disclaimers of Warranties

THE PLATFORM, INCLUDING ALL SERVICES, TOOLS, CONTENT, AND HOSTING SERVICES, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM, INCLUDING INFORMATION ABOUT THIRD-PARTY MCP PRODUCTS OR THE FUNCTIONALITY OF USER MCP SERVERS.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MCPFLY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY CONTENT OR SERVICES THEREON;
• ANY DAMAGES ARISING FROM THE FUNCTIONALITY, NON-FUNCTIONALITY, CONTENT, LEGALITY, OR SECURITY OF ANY USER MCP SERVER HOSTED ON THE PLATFORM;
• ANY DAMAGES RESULTING FROM THE SUSPENSION, REMOVAL, OR DELETION OF YOUR ACCOUNT, USER CONTENT, OR USER MCP SERVER AS PERMITTED BY THESE TERMS;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US FOR HOSTING SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

8. Indemnification

You agree to defend, indemnify, and hold harmless MCPFly, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Platform, including, but not limited to, your User Content and User MCP Servers.
• Any claim that your User Content or User MCP Server infringes or violates any third-party rights (including intellectual property, privacy, or publicity rights) or any applicable law.
• The functionality, operation, or content of your User MCP Server.

9. Termination

We may terminate or suspend your access to all or part of the Platform, including your hosting services and account, without prior notice or liability, for any reason or no reason, including without limitation if you breach these Terms. Upon termination, your right to use the Platform will immediately cease. We may delete your account, User Content, and User MCP Server data upon termination, subject to our data retention practices outlined in the Privacy Policy. Sections 4, 5, 6, 7, 8, 10, and 11 shall survive termination.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of California, USA, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of California located in San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Miscellaneous

• Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the new Terms on the Site or by sending you an email. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.
• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements.
• Severability: If any provision of these Terms is held to be invalid 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.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Contact: If you have any questions about these Terms, please contact us at [email protected].