Terms of Service

1. Acceptance of these terms

These Terms of Service (the "Terms") form a binding agreement between you and MCPBay ("MCPBay", "we", "us", or "our") and govern your access to and use of the MCPBay website at mcpbay.pro, its subdomains, and all related features and services (together, the "Service"). By accessing or using the Service, creating an account, submitting a server, or hosting a server with us, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization. Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

2. Definitions & operator

In these Terms:

MCPBay means the operator of the Service (see the operator note below).
Service means the MCPBay website, the catalog, the hosting platform, the secrets cabinet, usage metering, and all related features.
User (or "you") means any person or organization that accesses or uses the Service, with or without an account.
Submitted Server means a Model Context Protocol (MCP) server that you submit to the catalog as a listing, together with its metadata.
Hosted Server means an MCP server that we deploy and run on our infrastructure on your behalf from a source repository you control.
Content means any data, code, text, metadata, icons, descriptions, secrets, or other material that you submit to, store on, or transmit through the Service.

Operator. "MCPBay" is a trading name. The Service is currently operated by an individual as a sole proprietorship. A United States limited liability company (LLC) is in the process of formation; once it is registered, these Terms will be updated with the registered entity's legal name and address, and that entity will become the contracting party. Until then, the individual operator is the party responsible under these Terms.

3. Eligibility

To use the Service you must:

be at least 18 years old, or the age of majority in your jurisdiction if that is higher;
have the legal capacity to enter into a binding contract; and
not be barred from using the Service under any applicable law, including export-control or economic-sanctions laws.

The Service is not directed to children, and you may not use it if you do not meet these requirements. By using the Service you represent and warrant that you meet all of the eligibility criteria above.

4. Accounts

Some features require an account. When you create one, you agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for:

maintaining the confidentiality of your login credentials;
all activity that occurs under your account, whether or not authorized by you; and
notifying us promptly at support@mcpbay.pro if you suspect any unauthorized access or security breach involving your account.

We strongly recommend enabling two-factor authentication (2FA) to help protect your account. We may suspend or terminate your account, or restrict access to features, if you violate these Terms, if your account poses a security risk, or as otherwise described in Section 16.

5. The Service

MCPBay provides:

a catalog and discovery platform for Model Context Protocol (MCP) servers, where you can browse listings and connect them to your AI clients;
optional hosting of MCP servers on our infrastructure (which runs on Fly.io), deployed from a source repository you control;
a secrets cabinet for storing credentials so they can be injected into your Hosted Servers as you configure; and
usage metering of tool calls associated with your account.

The Service is provided on an "as is" and "as available" basis. We are continually developing the Service and may add, change, suspend, or remove features at any time without liability, subject to these Terms and applicable law.

6. User submissions & content

When you submit a server to the catalog, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your listing, its metadata (such as name, URL, tagline, description, and category), and any icon you provide, solely for the purpose of operating and promoting the catalog and the Service. This license lasts for as long as your listing remains in the catalog and ends when the listing is removed, except to the extent we must retain copies to comply with law or as reasonably needed for backups.

You represent and warrant that you own or have all necessary rights to the Content you submit, and that it does not infringe any third party's intellectual-property, privacy, or other rights, and does not violate any law or these Terms.

Moderation. We curate the catalog. We may, in our sole discretion, approve, reject, edit metadata for accuracy, suspend, or remove any submission at any time, and we are not obligated to list any server. Approval or listing of a server does not constitute our endorsement of it.

7. Hosting terms

If you choose to host an MCP server with us, the following additional terms apply:

Repository ownership. You must own or control the source repository you deploy from, and you authorize us to access it for the purpose of building and running your Hosted Server.
Responsibility for your code. You are solely responsible for your code, its security, its licensing and license compliance, and its lawfulness. We do not review your code for defects, vulnerabilities, or legal compliance.
Resource limits. Hosted Servers are subject to resource limits (such as compute, memory, storage, and request quotas), which we may set and adjust.
Suspension and kill-switch. We may suspend, throttle, restart, or terminate (including via an immediate kill-switch) any Hosted Server that abuses or exceeds resources, breaks the law, violates these Terms, or poses a security risk to the platform or others — with or without notice where the situation requires it.
No uptime guarantee. Hosting is provided without any service-level commitment or guarantee of uptime, availability, or performance.

You are responsible for the data your Hosted Server collects, processes, or transmits from its own end users, and for complying with all laws applicable to that data — including providing your own privacy notice and terms to those end users. We process such data only as a hosting provider, on your behalf; you act as the controller of that data.

8. Acceptable use

You agree not to use the Service, and not to deploy a Hosted Server or submit Content, to do any of the following:

post, host, or distribute illegal content, or content that is otherwise unlawful in your jurisdiction or ours;
create, host, or distribute malware, viruses, ransomware, or other malicious code;
conduct phishing, fraud, social engineering, or impersonation;
infringe the intellectual-property, privacy, publicity, or other rights of any person;
send spam or unsolicited bulk communications;
abuse, overload, or attempt to circumvent resource limits, rate limits, or quotas;
attempt to breach, probe, scan, or circumvent the security or access controls of the Service, of other users, or of any system, or attempt to gain unauthorized access;
harass, threaten, defame, or abuse any person;
access, collect, or exfiltrate other users' data or credentials without authorization;
perform cryptocurrency mining or other disproportionate, non-incidental resource consumption; or
use the Service in any way that violates applicable law or these Terms, or that helps anyone else do any of the above.

We may investigate suspected violations and take any action we consider appropriate, including removing Content, suspending or terminating accounts, and invoking the hosting kill-switch described in Section 7.

9. Credentials & secrets

If you store credentials or other secrets in the secrets cabinet, you are responsible for the secrets you store and for ensuring you are entitled to use them. By storing a secret, you authorize us to keep it in encrypted form and to inject it into your Hosted Servers as you configure, for the purpose of running those servers. You may revoke or delete a stored secret at any time through your account.

While we encrypt stored secrets and restrict access to them, you acknowledge and accept that storing secrets carries inherent, residual risk, and that no system is perfectly secure. You must not store another party's secrets without that party's authorization, and you are responsible for rotating or revoking any secret you believe may be compromised. See our Privacy Policy for how we handle stored credentials.

10. Fees & paid features

Some features of the Service may require credits or payment. Where a feature is chargeable, its price will be shown to you at the point of use. By using a chargeable feature, you authorize the corresponding charge or deduction of credits.

Credits and prepaid amounts are non-refundable, except where a refund is required by applicable law.
We may change pricing from time to time; we will give notice of changes before they take effect, and changes do not apply retroactively to charges already incurred.
You are responsible for any taxes, duties, or levies associated with your use of paid features, other than taxes on our net income.
When a payment processor is introduced, payments will be handled by that third-party processor under its own terms. We do not collect or store your payment-card data.

No subscription or automatic renewal is offered at this time; if we introduce recurring billing in the future, we will disclose its terms before you enroll.

11. Third-party services

The Service relies on and links to third-party services we do not control, including GitHub (sign-in and source repositories), Fly.io (hosting infrastructure), the AI clients you connect, and the third-party MCP servers listed in or hosted through our catalog. Your use of any third-party service is governed by that party's own terms and policies, and is at your own risk.

We do not control, endorse, or assume responsibility for any third-party service, MCP server, AI client, or external site, including its content, security, availability, or data-handling practices. Any dealings between you and a third party are solely between you and that party.

12. Intellectual property

The Service, including the MCPBay website, our software and source code, design, look and feel, and our branding and name "MCPBay", is owned by us or our licensors and is protected by intellectual-property laws. Except for the rights expressly granted in these Terms, we reserve all rights, and nothing here transfers any of our intellectual property to you.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purpose. You retain ownership of the Content you submit, subject to the licenses you grant in Section 6 and elsewhere in these Terms.

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

13. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory. We expressly disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that any Hosted Server will remain available, or that any content, listing, or data accessed through the Service is accurate, complete, or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Limitation of liability

To the fullest extent permitted by law, MCPBay and its operator will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) USD 100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability is limited to the smallest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless MCPBay and its operator from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your Content or your Submitted Servers; (b) your Hosted Servers and the data they process; (c) your use of the Service; (d) your violation of these Terms or any applicable law; or (e) your infringement or violation of any third party's rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us.

16. Termination

You may stop using the Service at any time and may delete your account through your account settings. We may suspend or terminate your access to all or part of the Service, remove your Content, or invoke the hosting kill-switch, with or without notice, if you breach these Terms, if your use poses a security or legal risk, or as otherwise permitted by law.

Upon termination, your right to use the Service ends, and we may delete your Content and Hosted Servers in accordance with our Privacy Policy and retention practices. Any provisions of these Terms that by their nature should survive termination — including Sections on Content licenses, intellectual property, disclaimers, limitation of liability, indemnification, governing law, and miscellaneous terms — will survive.

17. Changes to these terms

We may modify these Terms from time to time. When we make material changes, we will notify you by appropriate means (for example, by email or an in-app notice) and update the "Effective" date at the top of this page. Changes take effect when posted, or on a later date if we specify one. Your continued use of the Service after the changes take effect means you accept the revised Terms. If you do not agree to the changes, you must stop using the Service.

18. Governing law & disputes

These Terms are governed by the laws of the United States, without regard to conflict-of-laws principles. The specific state whose laws apply, the venue for any dispute, and the dispute-resolution mechanism will be designated in these Terms upon formation of our U.S. LLC; until then, any dispute will be resolved in a court of competent jurisdiction in the United States.

Before bringing any formal claim, you agree to first attempt to resolve the dispute informally by contacting us at support@mcpbay.pro, and we will attempt in good faith to resolve it with you.

19. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented for specific features, are the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject.
Severability. If any provision is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, including to the U.S. LLC upon its formation or in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
Notices. We may provide notices to you by email or by posting on the Service; you may send notices to us at support@mcpbay.pro.

20. Contact

If you have any questions about these Terms, contact us at support@mcpbay.pro. Once our U.S. LLC is formed, this section will be updated with the registered entity's legal name and address, which will become the contracting party under these Terms.