1. Agreement

This End User License Agreement (“EULA”) governs your use of the Apex MCP Server software (“Software”), distributed as an npm package (@apex-inc/mcp-server) by Apex, Inc., a Delaware corporation.

By installing, copying, or using the Software, you agree to be bound by this EULA. If you do not agree, do not install or use the Software.

2. License Grant

Subject to the terms of this EULA and an active Apex account, Apex, Inc. grants you a:

Non-exclusive — we may license the Software to others
Non-transferable — you may not transfer the license to another party
Revocable — we may revoke the license if you violate this EULA
Limited — only for use in connection with a valid Apex account

license to install and use the Software on computers you own or control, solely for the purpose of accessing the Apex Service.

3. Restrictions

You may not:

Modify, adapt, translate, or create derivative works of the Software
Reverse engineer, decompile, or disassemble the Software
Redistribute, sublicense, lease, or lend the Software to third parties
Use the Software to build a competing product or service
Remove or alter any proprietary notices in the Software
Use the Software without a valid Apex account

4. Data & Telemetry

The Software communicates with the Apex API to provide experimentation tools within your development environment.

4.1 What is transmitted

Experiment configurations and results
Assumption statements, certainty scores, and test results
Expected outcomes and expected impact data
Tool invocation metadata (which tool was called, timestamps)

4.2 What is NOT transmitted

Source code or file contents from your development environment
File paths, directory structures, or repository metadata
IDE configuration, settings, or installed extensions
Conversation history between you and your AI assistant
Any data from other MCP servers or tools

For complete details on data handling, see our Privacy Policy.

5. Intellectual Property

The Software is the intellectual property of Apex, Inc. and is protected by copyright, trade secret, and other intellectual property laws. This EULA does not grant you any ownership rights in the Software.

6. Open Source Components

The Software includes open-source components governed by their respective licenses. A list of these components and their licenses is available in the NOTICES file included with the Software distribution. To the extent any open-source license conflicts with this EULA, the open-source license governs with respect to that component only.

7. Termination

This EULA is effective until terminated. Your license terminates automatically if:

Your Apex account is closed or suspended
You violate any term of this EULA
Apex, Inc. discontinues the Software (with 90 days’ notice)

Upon termination, you must uninstall all copies of the Software and cease all use.

8. Warranty Disclaimer

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. APEX, INC. DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPATIBLE WITH ALL DEVELOPMENT ENVIRONMENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Governing Law

This EULA is governed by the laws of the State of Delaware, without regard to conflict of law provisions.

11. Contact

Questions about this EULA? Contact us at legal@apex.inc.