Terms of Service

Last updated: May 2026

These Terms of Service ("Terms") govern your access to and use of the ApexMCP platform and related services ("Service"). By creating an account or using the Service, you agree to be bound by these Terms.

1. Acceptance and Business Eligibility

By registering for, accessing, or using the Service you confirm that:

• You have read, understood, and agree to these Terms and our Privacy Policy;
• You are acting on behalf of a business, organisation, freelance practice, or in a professional capacity, and not as a private consumer;
• You have authority to bind the business or organisation you represent;
• You have legal capacity to enter binding contracts in your jurisdiction.

The Service is intended for business use only. Consumer accounts are not supported. If you are a private individual not acting in a professional or business capacity, you must not use the Service. We reserve the right to suspend or terminate any account that we reasonably determine is being used in a consumer capacity.

2. Service Description

ApexMCP provides a secure MCP (Model Context Protocol) gateway that enables AI agents to access databases, REST APIs, and SaaS tools via a single authenticated endpoint. The Service includes credential storage, audit logging, usage analytics, and access control features as described on our pricing page.

The Service is hosted on infrastructure provided by Hetzner Online GmbH (application servers, located in Finland) and Neon Inc. (managed PostgreSQL database, hosted on Amazon Web Services in the eu-central-1 region, Frankfurt, Germany). All customer data remains within the European Union during processing and storage.

3. Beta Service Period

The Service is currently a beta release. The first three (3) months following your initial account registration shall constitute a beta period for your account (the "Beta Period"). During the Beta Period:

• The Service is provided strictly on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied;
• Features may be changed, added, removed, or behave unexpectedly without prior notice;
• We make no representations regarding security, reliability, performance, data integrity, or fitness for any particular purpose;
• To the maximum extent permitted by law, we accept no liability for any loss, damage, or harm of any kind — including but not limited to data loss, service interruption, security incidents, unauthorised access, downtime, or any direct, indirect, incidental, consequential, special, or punitive damages — arising from your use of the Service during the Beta Period;
• You should not store sensitive production data or rely on the Service for business-critical operations during the Beta Period without independent backups and your own risk assessment.

Notwithstanding the limitations above, we commit to:

• Promptly investigate all security issues, vulnerabilities, or data integrity concerns that you raise or that we identify;
• Take reasonable remedial action as soon as practicable;
• Communicate transparently with affected customers about incidents and their resolution.

This Section 3 survives termination of these Terms and applies in addition to (and does not limit) the liability cap in Section 10.

4. Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials and API keys.
• You must promptly notify us of any unauthorised access to your account at security@apexmcp.ai.
• You are responsible for all activity that occurs under your account, including actions taken by AI agents using your API keys.
• You must ensure that all users in your organisation comply with these Terms.
• Account information must be accurate and kept up to date.

5. Prohibited Uses

You may not use the Service to:

• Violate any applicable law or regulation;
• Access systems or data you are not authorised to access;
• Transmit malware, conduct denial-of-service attacks, or interfere with Service infrastructure;
• Reverse-engineer, decompile, or attempt to extract the source code of the Service;
• Resell or sublicense access to the Service without our written consent;
• Use the Service to train machine learning models without prior written agreement;
• Exceed rate limits or attempt to circumvent usage-based billing.

6. Payment and VAT

• Paid plans are billed in advance (monthly or annually) via Stripe Payments Europe Ltd (Ireland). Card data is processed by Stripe under PCI DSS Level 1 compliance and is never stored on our infrastructure. Use of Stripe is subject to Stripe's own terms. Metered usage charges are billed at the end of each billing period.
• All prices are quoted in EUR and are net of VAT.
• Current VAT treatment: ApexMCP operates under the Maltese small undertakings VAT exemption (Article 11 of the Maltese VAT Act). No VAT is charged on invoices at this time.
• If VAT registration becomes mandatory (when our turnover exceeds the Maltese small-undertakings threshold), VAT will be applied as follows: 18% for Maltese customers; reverse-charge mechanism for EU B2B customers with a valid VAT number (Article 196 of Council Directive 2006/112/EC); One-Stop Shop (OSS) rates where applicable; no VAT for customers established outside the EU.
• You are responsible for any tax obligations arising in your own jurisdiction.
• Subscriptions renew automatically. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period.
• We do not offer refunds for partial billing periods unless required by applicable law.
• If payment fails, we will retry for 7 days before suspending your account. Your data is retained for 30 days after suspension.

7. Termination

Either party may terminate at any time. We may suspend or terminate your account immediately for material breach of these Terms, non-payment, or activity that poses a security risk. Upon termination, your access to the Service ceases and your data is deleted within 30 days unless a longer retention period is required by law. You may export your audit logs and configuration data before termination.

8. Intellectual Property

The Service and all underlying technology are owned by ApexMCP or its licensors. We grant you a limited, non-exclusive, non-transferable licence to use the Service during the term of your subscription. You retain ownership of all data you upload or route through the Service. We claim no intellectual property rights over your connector credentials or data.

9. Data Protection and EU Residency

We process personal data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and the Maltese Data Protection Act. We act as data processor for customer data routed through the Service, and as data controller for account and billing information.

All customer data is stored and processed within the European Union. Application infrastructure is operated by Hetzner Online GmbH in Finland. Database services are operated by Neon Inc. on Amazon Web Services in the eu-central-1 region (Frankfurt, Germany). No customer data is transferred outside the EU. Customers requiring a Data Processing Agreement (DPA) may request one at legal@apexmcp.ai.

10. Limitation of Liability

To the maximum extent permitted by law:

• ApexMCP shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of data, loss of profits, loss of business opportunity, or business interruption — arising from your use of or inability to use the Service;
• Our total aggregate liability to you for any claim shall not exceed the lesser of: (i) the total amount paid by you for the Service in the three (3) months preceding the event giving rise to the claim, or (ii) EUR 100;
• During the Beta Period defined in Section 3, our liability is further limited as set out in that section;
• These limitations do not apply to liability that cannot be excluded under applicable law, including death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

You acknowledge that the Service is provided by a sole trader and not by a limited liability entity, and that the limitations in this Section are reasonable and form an essential basis of the bargain.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or meet your specific requirements. We target 99.9% monthly uptime for paid plans following the Beta Period but do not guarantee it.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of Malta. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Malta.

This clause is without prejudice to mandatory rights you may have under European Union law, including the General Data Protection Regulation (Regulation (EU) 2016/679). You confirm under Section 1 that you are acting in a business capacity, and EU consumer protections (including the Consumer Rights Directive 2011/83/EU) do not apply to your use of the Service.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or in-app notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact

For legal inquiries, contact:

Andrew James Camilleri Micallef (trading as ApexMCP)
Email: legal@apexmcp.ai
Maltese VAT identification number: MT30163832 (small undertakings exemption)