Terms of Use

Please read these Terms of Use carefully before using the MCP Functions platform, API, and related services (the “Service”). By accessing or using the Service, you agree to be bound by these terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Service.

1. Definitions

“You” (or “Customer”) means the person or entity using the Service. “We,” “us,” or “MCP Functions” means the provider of the Service. “Content” means any data, inputs, outputs, or materials processed or transmitted through the Service, including inputs to MCP tools.

2. Data Control and Audit Exclusion

You retain full control over what data is stored and logged. The Service allows you to exclude specific tool inputs from audit trails and logging. When you designate an input as excluded from audit (e.g., via configuration or parameter marking), the value of that input is not stored or logged in our systems. Only metadata necessary for operation (such as that an invocation occurred) may be retained where applicable.

This mechanism is designed so that you can process customer-sensitive data, personal data, credentials, or other confidential information through the Service without those values being recorded in our audit or logging systems. It is your responsibility to:

• Correctly configure which inputs are excluded from audit where required by your compliance or privacy obligations;
• Ensure that your use of the audit-exclusion feature complies with applicable law and your own policies;
• Not hold us liable for any failure to exclude data from logging if such failure results from your misconfiguration, misuse of the Service, or from data transmitted outside the designated exclusion mechanism.

3. Acceptable Use and Your Responsibilities

You agree to use the Service only in accordance with these terms and applicable law. You are solely responsible for your Content and for ensuring that your use of the Service (including any audit-exclusion settings) does not violate any third-party rights or laws. You must not use the Service to process illegal content, to circumvent security or logging where prohibited, or in any way that could harm the Service or others. We may suspend or terminate access for actual or suspected violation of these terms.

4. Intellectual Property and License

We grant you a limited, non-exclusive, revocable license to access and use the Service as provided. We and our licensors retain all rights in the Service, its design, and our brand. You retain rights in your Content; you grant us only the rights necessary to operate the Service (e.g., to process, transmit, and store data as configured by you, including in accordance with audit-exclusion settings).

5. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE AUDIT-EXCLUSION FEATURE AND FOR ENSURING THAT YOUR DATA HANDLING MEETS YOUR LEGAL AND CONTRACTUAL OBLIGATIONS.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL WE (OR OUR AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE SUBSCRIPTION FEES PAID BY YOU FOR THE BILLING PERIOD IN WHICH THE CLAIM AROSE (OR, IF NO AMOUNT WAS PAID, FIFTY US DOLLARS (USD $50)).

These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations; in such cases, our liability will be limited to the maximum extent permitted by law.

7. Service Credits as Exclusive Remedy

Where we determine, in our reasonable discretion, that a service disruption, error, or failure directly attributable to us has materially affected your use of the Service, your sole and exclusive remedy shall be a service credit applied to your account. The following conditions apply to all service credits:

• Cap: The total value of any credit issued for a given incident or billing period shall not exceed fifty percent (50%) of the Subscription fees paid by you for the affected billing period.
• Request: To request a credit, you must notify us within thirty (30) days of the incident via the Contact form or at admin@mcpfunctions.ai, describing the issue and its impact.
• No cash value: Credits have no cash value, are non-transferable, are non-refundable, and may only be applied toward future use of the Service. Credits expire upon termination of your account.
• Exclusions: No credits will be issued where the issue results from: (a) your actions, configurations, or content; (b) third-party services, networks, or infrastructure outside our control; (c) scheduled or emergency maintenance communicated in advance; (d) force majeure events; or (e) your breach of these Terms.
• Sole remedy: The issuance of a service credit pursuant to this section constitutes our entire liability and your exclusive remedy for any service issue, disruption, or failure, to the maximum extent permitted by applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless MCP Functions and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your Content; (c) your violation of these terms or applicable law; or (d) your misuse or misconfiguration of the audit-exclusion or data-handling features, including any claim that we stored or logged data that you intended to exclude.

9. Termination

We may suspend or terminate your access to the Service at any time for cause (including breach of these terms) or for convenience with notice where required. You may stop using the Service at any time. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive (including Data Control and Audit Exclusion, Disclaimers, Limitation of Liability, Service Credits as Exclusive Remedy, Indemnification, and Governing Law) will survive termination.

10. Governing Law and Disputes

These terms are governed by the laws of the jurisdiction in which MCP Functions operates, without regard to conflict-of-law principles. Any dispute arising out of or relating to these terms or the Service shall be resolved exclusively in the courts of that jurisdiction, and you consent to personal jurisdiction and venue therein.

11. Third-Party Services and Links

The Service or our websites may contain links to third-party websites, APIs, or services (e.g., documentation, authentication providers). We do not control and are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and subject to their terms and policies.

12. Compliance with Laws

You represent that your use of the Service complies with all applicable laws, rules, and regulations. You agree to comply with applicable anti-bribery and anti-corruption laws and with export control and trade sanctions laws. You may not use the Service if you are located in, or subject to the laws of, a jurisdiction that would prohibit or restrict such use. We may suspend or terminate access where we believe use violates applicable law.

13. Modifications

We may modify these Terms at any time by posting a revised version on this page or on our website. The “Last updated” date will be revised accordingly. Your continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Service.

14. Miscellaneous

These Terms, together with our Privacy Policy and any order or agreement referencing them, constitute the entire agreement between you and MCP Functions regarding the Service and supersede prior agreements. Our failure to enforce any right or provision does not waive that right or provision. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our prior written consent; we may assign them without restriction. Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and us.

15. Contact

For questions about these Terms of Use, contact us via the Contact form or at admin@mcpfunctions.ai.