MCP Terms of Service & Privacy Policy
Effective Date: June 18, 2026
Last Updated: June 18, 2026
This document has two parts:
Part I - Terms of Service, which governs your use of the App.
Part II - Privacy Policy, which describes how we handle personal information in connection with the App.
In this document, "AI Platform(s)" means any third-party consumer AI product within which the App operates, including OpenAI's ChatGPT (operated by OpenAI) and Anthropic's Claude (operated by Anthropic). "MCP" means the Model Context Protocol used to integrate the App with an AI Platform. "Provider" means Proxz AI Inc., the technology service provider that hosts and operates the MCP server underlying the App on third-party cloud infrastructure.
The App is made available as a ChatGPT app and/or as a connector in the Anthropic Connectors Directory. It may be made available within other AI Platforms in the future.
PART I - TERMS OF SERVICE
1. Acceptance of These Terms
These Terms of Service (the "Terms") form a binding agreement between you ("User," "you," or "your") and Zmax Incorporated, a C-Corporation with principal offices at 7 Wild Rose Lane, Sun Valley, Idaho 83353 ("Zmax Incorporated," "we," "us," or "our"). These Terms govern your access to and use of the MCP Server application and connector made available within the AI Platforms (the "App").
By installing, enabling, connecting, authenticating, accessing, or otherwise using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.
If you use the App on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you individually and that organization.
2. Relationship to Other Agreements
These Terms govern your use of the App specifically. Your use of the App, and your broader relationship with Zmax Incorporated, may also be governed by one or more other agreements between you and Zmax Incorporated, together with the Privacy Policy in Part II of this document. To the extent any such other agreement applies, this document governs your use of the App, while each other agreement continues to govern the matters it addresses.
In the event of a direct conflict between this document and another agreement with respect to your use of the App, this document controls as to the App; in all other respects, the other agreement controls as to its subject matter. Nothing in these Terms reduces your rights or obligations under any other applicable agreement with respect to matters other than the App.
3. The App and the AI Platforms
3.1 What the App Does
The App is an MCP application and connector that operates inside the AI Platforms. Depending on the features Zmax Incorporated makes available, the App may enable you to: search for and retrieve Zmax Incorporated resources, content, and information; submit inquiries, registrations, support requests, and similar communications; schedule, request, or manage appointments, events, or programs; view, create, or update certain records associated with you or your account; and use other related functionality that Zmax Incorporated may offer through the App from time to time. The specific features available may change over time, and Zmax Incorporated may add, modify, restrict, or remove features at its discretion.
3.2 Technology Service Provider
Zmax Incorporated uses the Provider (Proxz AI Inc.) as its technology service provider to host and operate the MCP server underlying the App on third-party cloud infrastructure. The Provider processes data on Zmax Incorporated's behalf as a service provider/processor. The Provider and the third-party cloud infrastructure providers are not parties to these Terms, and your relationship with respect to the App is solely with Zmax Incorporated.
3.3 The AI Platforms
The App runs within third-party AI Platforms, including ChatGPT (OpenAI) and Claude (Anthropic). Neither OpenAI, Anthropic, nor any other AI Platform, is a party to these Terms or is responsible for the App. Your use of each AI Platform itself is governed by your separate agreement with that platform's operator, including its terms of use and privacy policy. Zmax Incorporated does not control the AI Platforms and is not responsible for their availability, behavior, or output.
4. Eligibility, Accounts, and Authentication
4.1 Eligibility
To use the App, you must (a) be at least 18 years of age; (b) have full legal capacity to enter into a binding agreement; and (c) not be barred from using the App under applicable law.
4.2 Authentication
The App may offer features that require authentication as well as features that do not. Where a feature requires authentication, you must authenticate through a secure OAuth flow using the credentials or identity method Zmax Incorporated designates, you are responsible for maintaining the confidentiality of your credentials, and you are responsible for all activity that occurs under your account. Where a feature does not require authentication, you may use it without an account, and Zmax Incorporated may rely on the information you provide in connection with your request. Regardless of whether you authenticate, your use of the App remains subject to these Terms.
4.3 Account Security
If you have an account, you agree to (a) provide accurate information when authenticating; (b) keep your credentials secure and not share them; (c) notify us promptly at bdavis@zmaxinc.com of any suspected unauthorized access; and (d) comply with any step-up or multi-factor authentication we implement.
5. Acceptable Use
You agree not to, and not to permit any third party to:
Use the App for any unlawful, fraudulent, harmful, or deceptive purpose;
Submit false, misleading, or inaccurate information through the App;
Access another user's account or any data you are not authorized to access, or impersonate any person or entity;
Interfere with or disrupt the App, the underlying MCP server, Proxz AI Inc.'s systems, the AI Platforms, or associated networks;
Reverse engineer, decompile, scrape, harvest, or extract data, source code, or components of the App except as expressly permitted by applicable law;
Use the App to develop a competing product or service, or to train any machine learning model;
Bypass any access controls, rate limits, or security mechanisms;
Submit malware, viruses, or harmful code;
Submit through the App any payment card information; protected health information; government identifiers (such as Social Security numbers); access credentials, API keys, passwords, or one-time codes; or other sensitive personal data the App is not expressly designed to receive;
Use the App in any manner that violates the usage policies of the AI Platforms, including the OpenAI Usage Policies and the Anthropic Usage Policy, or any platform terms applicable to ChatGPT apps or Claude connectors; or
Use the App in any manner that violates any applicable Zmax Incorporated policy.
We may investigate suspected violations and may suspend or terminate access for any user reasonably believed to be in violation.
6. Read and Write Actions
Within the App, we distinguish actions that only retrieve information ("read actions") from actions that create, modify, or delete information ("write actions"). Write and destructive actions are surfaced to the AI Platform as such, so the platform can require user confirmation or run a preview before execution, consistent with the AI Platforms' developer requirements (including OpenAI's Apps SDK and Anthropic's tool-annotation requirements). You are responsible for the accuracy of information you direct the App to write, and we may treat changes made through the App as authorized by the account holder.
7. Payments
The App does not process payments, dues, donations, or other financial transactions, and does not transfer money, cryptocurrency, or other financial assets. Any payment must be completed outside the App through Zmax Incorporated's normal payment channels. The App may direct you to those external channels but will not collect or transmit payment card or bank account information.
8. Intellectual Property
8.1 Our Materials
The App, the underlying software, the Zmax Incorporated name and marks, and all content made available through the App (other than User Content) are owned by Zmax Incorporated or its licensors and protected by law. No rights are granted to you except the limited right to use the App as described in these Terms.
8.2 User Content
"User Content" means information and material you submit through the App. You retain your rights in your User Content and grant Zmax Incorporated and its service providers (including Proxz AI Inc.) a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and use it as necessary to operate the App, respond to your requests, maintain and improve the App, and comply with law. You represent that you have all rights necessary to grant this license and that your User Content does not violate these Terms or any third-party rights.
8.3 Feedback
If you provide feedback or suggestions about the App, you grant Zmax Incorporated a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.
9. Service Availability and Modifications
Zmax Incorporated does not guarantee that the App will be available at all times or free of interruptions or errors, and may modify, suspend, or discontinue the App or any feature at any time with or without notice. The App depends on third-party services, including the AI Platforms and Proxz AI Inc.'s infrastructure; outages or changes imposed by those third parties may affect the App.
10. Disclaimers
The App is provided "as is" and "as available," without warranty of any kind. To the fullest extent permitted by law, Zmax Incorporated, its affiliates, and its service providers disclaim all warranties, express, implied, and statutory, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, secure, or error-free, or that any output generated by or through the App or an AI Platform will be accurate, complete, or reliable. You are solely responsible for evaluating any output and any decisions based on the App. The App is not a substitute for professional advice.
11. Limitation of Liability
To the fullest extent permitted by law, in no event will Zmax Incorporated, its affiliates, or its service providers, or their respective officers, directors, employees, agents, or licensors, be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the App or these Terms, under any theory of liability, even if advised of the possibility of such damages.
Our aggregate liability arising out of or relating to the App or these Terms will not exceed the greater of (a) the total amounts you paid us for use of the App in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars (US$100). These limitations apply even if a remedy fails of its essential purpose, and apply to the maximum extent permitted in jurisdictions that restrict such limitations.
12. Indemnification
You agree to defend, indemnify, and hold harmless Zmax Incorporated, its affiliates, its service providers, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the App; (b) your User Content; (c) your breach of these Terms; (d) your violation of any law or third-party right; or (e) your violation of any acceptable use policy or terms of service of the AI Platforms (including OpenAI and Anthropic). We may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.
13. Suspension and Termination
We may suspend or terminate your access to the App at any time, with or without notice, for any reason, including suspected violation of these Terms or risk to Zmax Incorporated. You may stop using the App at any time, including by disconnecting it through your AI Platform settings. Sections 5-8 and 10-16 survive termination.
14. Modifications to These Terms
We may modify these Terms from time to time. For material changes, we will provide reasonable advance notice, such as by posting updated Terms with a new "Last Updated" date and, where appropriate, emailing the address associated with your account. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the App.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms and any dispute arising out of or relating to them or the App are governed by the laws of the State of Alabama, without regard to conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
15.2 Informal Resolution
Before initiating arbitration, you agree to contact us at bdavis@zmaxinc.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
15.3 Binding Arbitration
Any controversy or claim arising out of or relating to these Terms or the App, or the breach thereof, shall be determined by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted by a single arbitrator and governed by the Federal Arbitration Act. The substantive law applied by the arbitrator shall be the law of the State of Alabama as provided in Section 15.1. This Section does not prevent either party from seeking interim or injunctive relief in a court of competent jurisdiction where permitted. All proceedings shall take place via Zoom or in person in the State of Alabama.
15.4 Waiver of Class Actions
You and Zmax Incorporated agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall be severed and may proceed in court, while all other claims proceed in arbitration.
16. General
16.1 Entire Agreement. These Terms, together with the Privacy Policy in Part II and any agreement expressly incorporated by reference, constitute the entire agreement regarding the App.
16.2 Severability. If any provision is unenforceable, the remainder remains in force, and the provision is modified to the minimum extent necessary to be enforceable.
16.3 No Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
16.4 Assignment. You may not assign these Terms without our prior written consent; we may assign without restriction.
16.5 Notices. We may provide notices by email to your account address or by posting in the App or on https://www.zmaxinc.com. You may send notices to P.O. Box 3437 Sun Valley, ID 83353 or bdavis@zmaxinc.com.
16.6 Force Majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including failures of third-party services (including the AI Platforms and Proxz AI Inc.'s infrastructure).
16.7 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship.
16.8 Third-Party Beneficiaries. Except that OpenAI, Anthropic, and Proxz AI Inc. are intended third-party beneficiaries of the disclaimers, limitations of liability, and indemnification provisions in these Terms, these Terms create no third-party beneficiary rights.
16.9 Headings. Section headings are for convenience only.
PART II - PRIVACY POLICY
1. Introduction
This Privacy Policy describes how Zmax Incorporated ("Zmax Incorporated," "we," "us," or "our") collects, uses, and discloses personal information when you use the App and when you visit Zmax Incorporated's website at https://www.zmaxinc.com (the "Website"). Zmax Incorporated is the controller of the personal information described here. This Policy is designed to meet applicable U.S. state privacy laws and to comply with the developer requirements of the AI Platforms, including OpenAI's Apps SDK requirements for ChatGPT apps and the Anthropic Software Directory Policy for Claude connectors. If you do not agree with this Policy, do not use the App or Website.
2. Defined Terms
"Personal Information" means information that identifies, relates to, describes, or could reasonably be linked with a particular individual.
"App," "AI Platform(s)," and "MCP" have the meanings given at the top of this document and in Part I.
"Provider" means Proxz AI Inc., the technology service provider that hosts and operates the MCP server underlying the App on third-party cloud infrastructure.
3. Information We Collect
3.1 Information You Provide Directly
We collect the Personal Information you provide directly through the App or the Website, which may include: your name and contact details (such as email address); professional or organizational information (such as employer, job title, and role); account details where you maintain an account; the contents of inquiries, registrations, support requests, scheduling or appointment requests, and similar communications you submit; information contained in records you create or update through the App; and your communication and marketing preferences. We ask that you provide only the information reasonably necessary for the function you are using, and not the categories of restricted data described in Section 4.
3.2 Information Collected Through the App
When you use the App inside an AI Platform, we collect only the information needed to respond to your specific request, including:
Search queries and tool inputs: the questions, keywords, or parameters you (or the AI Platform acting on your behalf) submit to App tools.
Authorized context snippets: the limited message snippets the AI Platform client or model explicitly passes to the App for a given request. The App operates only on those intentionally shared snippets.
Authentication identifiers (if authenticated): where you use a feature that requires authentication, the OAuth/bearer tokens and similar identifiers used to verify your account and authorize access. For features that do not require authentication, no such identifiers are collected.
Session metadata: such as a session ID used for request tracing, debugging, and MCP connection stability.
Coarse geographic signal: only the coarse country/region signal the AI Platform client provides through controlled metadata channels, and only if a tool requires location context. We do not collect precise or GPS location.
Some App features may not require you to authenticate. Where you use the App without authenticating, we do not associate your request with an account and do not collect authentication identifiers; we still process the request inputs and context snippets necessary to respond.
3.3 Information Collected Through the Website
The App may direct you to Zmax Incorporated's Website - for example, to authenticate you, complete a registration, make a payment, or access additional resources. When you visit the Website, we and our service providers may automatically collect device and log information (such as IP address, browser type, operating system, referring URLs, pages viewed, and access times) and information through cookies and similar technologies used for site administration, analytics, and remembering your preferences. You can manage cookies through your browser settings; disabling certain cookies may limit Website functionality.
4. Information We Do Not Collect
Consistent with the AI Platforms' requirements and our own data-minimization commitments, the App does not collect, solicit, or process:
Payment card information or other data subject to PCI DSS (the App does not process payments);
Protected health information (PHI) within the meaning of HIPAA - the App is not designed to and does not collect or process health data;
Government identifiers (Social Security, driver's license, or passport numbers);
Access credentials and authentication secrets other than tokens issued for the App itself (no third-party passwords, API keys, or one-time codes);
Precise location data such as GPS coordinates or fine-grained device location;
Biometric identifiers or persistent device identifiers used for cross-context tracking; and
Data from the AI Platform beyond what is intentionally shared for a request. The App does not query, extract, reconstruct, or infer your full conversation history, and - consistent with the Anthropic Software Directory Policy - does not query or extract data from Claude's memory, chat history, conversation summaries, or your user-generated or uploaded files.
We do not collect "sensitive" or "special category" personal information (under applicable U.S. state laws or the GDPR) unless strictly necessary to perform a specific App function, with legally adequate consent, and with clear disclosure at or before collection.
5. How We Use Information
Providing the App: to authenticate you (where authentication is required), deliver requested content, respond to inquiries, run requested searches and lookups, schedule or manage requested appointments, and create or update records in response to your specific request.
Administering accounts: to manage your account, preferences, and any benefits associated with it.
Communicating with you: to send transactional notices, respond to requests, and, with consent where required, send updates and announcements.
Improving our services: to monitor performance, fix bugs, and improve the App, including by analyzing aggregated and de-identified information.
Safety, security, and compliance: to detect and prevent fraud, abuse, and security incidents, enforce our Terms, and comply with legal obligations.
We do not use Personal Information collected through the App to train any machine learning model, and we do not use App data to develop products that compete with the AI Platforms.
6. Read and Write Actions
Read actions retrieve information and change nothing in our systems. Write actions create, modify, or delete information and may have lasting effects. Write and destructive actions are surfaced to the AI Platform as such (consistent with OpenAI's Apps SDK and Anthropic's readOnlyHint/destructiveHint annotation requirements), enabling the platform to require confirmation or run a preview before execution. Destructive actions are clearly labeled and require confirmation.
7. Recipients and Disclosure
We do not sell your Personal Information and do not share it for cross-context behavioral advertising or for third parties' independent marketing. We disclose Personal Information only as follows:
7.1 Service Providers and Processors
Service providers that process Personal Information on our behalf under written agreements that restrict their use of the data to providing services to us. These include: Proxz AI Inc., the technology service provider that hosts and operates the MCP server underlying the App; third party cloud infrastructure on which the MCP server runs; and our cloud hosting and database providers, email and communications platforms, analytics providers, support and ticketing platforms, and professional advisors (such as legal, accounting, and audit providers). We may change service providers at any time.
7.2 The AI Platforms
The App operates inside the AI Platforms. When you use the App, OpenAI (for ChatGPT) and Anthropic (for Claude) process information about your interaction with their products - including the messages you send and receive - under their own privacy practices. They are not our service providers with respect to that processing, which is governed by your separate agreement with each platform. We do not control their processing of your information.
7.3 Optional External Sources
If a request cannot be answered from our own data and an external lookup is required, we will identify the external source in the App response. We transmit only what is necessary to perform the lookup you requested.
7.4 Legal and Safety Disclosures
We may disclose Personal Information to comply with law, lawful requests, court orders, or legal process; to enforce our agreements; to protect the rights, property, or safety of Zmax Incorporated, our users, or others; or to investigate or prevent fraud, abuse, or security incidents.
7.5 Business Transfers
In a merger, acquisition, restructuring, or asset transfer, Personal Information may be transferred subject to standard confidentiality protections.
8. No Surveillance, Profiling, or Advertising
We do not engage in surveillance, behavioral tracking, or behavioral profiling of App users, and we collect no metadata beyond what is necessary for the limited operational purposes disclosed here. The App does not serve advertisements, sponsored content, or paid product placements, and is not used as an advertising or promotional vehicle.
9. Data Retention
We retain Personal Information for as long as necessary to fulfill the purposes described in this Policy and, except where you exercise a right to deletion that we are required by law to honor, for the longest period permitted by applicable law - including to comply with our legal, regulatory, audit, and recordkeeping obligations, resolve disputes, and enforce our agreements. This applies to all categories of Personal Information we collect, including search queries and tool inputs, session metadata, support tickets and inquiries, account records, and Website logs and analytics. Where we are required to delete Personal Information, or where you request deletion and no legal basis to retain it applies, we will delete, anonymize, or aggregate it consistent with applicable law.
10. Security
We use reasonable administrative, technical, and physical safeguards, including: encryption in transit (HTTPS/TLS); secure OAuth and access controls appropriate to the data's sensitivity; role-based access on a need-to-know basis; logging and monitoring; and vendor due diligence with written processor agreements, including with Proxz AI Inc. No security measures are perfect, and we cannot guarantee absolute security.
11. Your Rights and Choices
Subject to applicable law, you may have the right to: access a copy of your Personal Information; request correction of inaccurate information; request deletion, subject to recordkeeping and legal obligations; request portability in a machine-readable format; object to or restrict certain processing; and withdraw consent where we rely on it. You can also disconnect the App at any time through your AI Platform settings. To exercise these rights, contact us at the address in Section 16. We may verify your identity before responding and will not discriminate against you for exercising these rights. To request the deletion of data or history associated with a specific session or interaction, please contact us at bdavis@zmaxinc.com.
12. U.S. State Privacy Disclosures
If you reside in California, Colorado, Connecticut, Utah, Virginia, or another state with a comprehensive privacy law, you may have additional rights. Zmax Incorporated confirms that, in the twelve months preceding this Policy's date, we have not "sold" Personal Information for monetary or other valuable consideration, nor "shared" it for cross-context behavioral advertising, as those terms are defined under applicable state law. California residents may request the categories of Personal Information collected, the sources, the purposes for collecting it, and the categories of third parties to which we disclose it, and may use an authorized agent.
13. International Data Transfers
Zmax Incorporated is based in the United States, and our service providers (including Proxz AI Inc.) and the AI Platforms operate primarily in the United States. If you access the App or Website from outside the United States, your Personal Information may be transferred to and processed in the United States and other countries with different data protection laws. By using the App or Website, you acknowledge that transfer.
14. Children's Privacy
The App and Website are intended for adults and are not directed to individuals under 18 years of age; use of the App requires that you be at least 18. We do not knowingly collect Personal Information from children. If we learn that we have collected Personal Information from a child under 18, we will delete it promptly. If you believe a child has provided us Personal Information, contact us at the address in Section 16.
15. Updates to This Policy
We may update this Policy to reflect changes in our practices, service providers, applicable law, or AI Platform requirements (including OpenAI's Apps SDK and Anthropic's Software Directory requirements). For material changes, we will provide reasonable notice, such as by posting the updated Policy with a new "Last Updated" date and, where appropriate, notifying you through the App, Website, or your account email.
16. Contact Us
Zmax Incorporated
P.O. Box 3437 Sun Valley, ID 83353
Email: bdavis@zmaxinc.com
Website: https://www.zmaxinc.com
If you have an unresolved concern, you may have the right to lodge a complaint with your local data protection authority or state attorney general.