Miller-Lange LLC

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the ML-EPM endpoint performance monitoring service ("Service"), including the agent software, web portal, APIs, and MCP server, provided by Miller-Lange LLC ("we," "our," or "us").

By creating an account, installing the agent software, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not create an account or install the agent software.

2. Description of Service

ML-EPM is a cloud-based endpoint performance monitoring service. It consists of:

• Agent Software: A lightweight application installed on your endpoints (macOS, Windows, Linux) that collects performance metrics at regular intervals
• Cloud Backend: A secure cloud infrastructure that receives, stores, and processes telemetry data from your agents
• Web Portal: A browser-based dashboard for managing your account, viewing enrolled devices, and configuring alerts
• MCP Server: A Model Context Protocol interface that enables AI assistants (such as Claude) to query your fleet's performance data using natural language

3. Account Registration

• You must provide a valid email address and create a password to register for the Service.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must promptly notify us of any unauthorized use of your account.
• You may not create multiple accounts for the purpose of circumventing plan limitations.
• We reserve the right to suspend or terminate accounts that contain false or misleading registration information.

4. Plans and Billing

Free Tier: ML-EPM offers a free plan with up to 3 device seats and 7-day data retention. The free plan may be modified or discontinued with 30 days' notice.

Paid Plans: Paid plans are billed monthly through Stripe, our third-party payment processor. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis.

• Plan upgrades take effect immediately. You will be charged a prorated amount for the remainder of the current billing cycle.
• Plan downgrades take effect at the end of the current billing cycle.
• You may cancel your subscription at any time through the billing portal. Cancellation takes effect at the end of the current billing period.
• Refunds are not provided for partial billing periods, except as required by applicable law.
• If payment fails, your account will enter a grace period. If payment is not resolved within 14 days, your account may be downgraded to the free tier and enrolled devices beyond the free limit may be deactivated.

5. Agent Software License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the ML-EPM agent software solely on endpoints that you own or are authorized to manage, for the purpose of transmitting performance data to the Service.

You may not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the agent software
• Modify, adapt, or create derivative works based on the agent software
• Redistribute, sublicense, lease, or sell the agent software to any third party
• Remove or alter any proprietary notices, labels, or marks on the agent software
• Install the agent on endpoints without the authorization of the endpoint owner

6. Data Collection and Use

The ML-EPM agent collects the following performance metrics from your endpoints:

• CPU utilization percentage
• Memory utilization percentage
• Disk volume usage (capacity, used, and available space)
• WiFi signal strength (RSSI) and network name (SSID), where available
• Machine hostname and operating system version
• A device fingerprint (hardware-derived identifier) used for seat management

This data is transmitted using mutual TLS (mTLS) encryption and stored in accordance with your plan's retention period. The agent does not collect file contents, browsing history, keystrokes, screenshots, application data, or any personally identifiable information beyond machine identifiers.

For full details on how we handle your data, please refer to our Privacy Policy.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Abuse, overload, or interfere with the Service's infrastructure, APIs, or other users' access
• Attempt to circumvent seat limits, rate limits, or other usage restrictions
• Create automated accounts or use bots to interact with the Service
• Use the MCP server or APIs in a manner that generates excessive or abusive traffic
• Probe, scan, or test the vulnerability of the Service without our written authorization
• Impersonate another person or entity in your use of the Service

We reserve the right to suspend or terminate your access if we determine, in our sole discretion, that you have violated these acceptable use provisions.

8. Intellectual Property

All rights, title, and interest in and to the Service—including the agent software, web portal, APIs, MCP server, documentation, trademarks, and all related intellectual property—are and shall remain the exclusive property of Miller-Lange LLC.

You retain ownership of the telemetry data collected from your endpoints. We do not claim any ownership rights over your data. Upon termination of your account, your data will be deleted in accordance with Section 12.

9. Service Availability

We strive to maintain the availability of the Service but do not guarantee uninterrupted or error-free operation. The Service is provided on an "as is" and "as available" basis.

• We may perform scheduled maintenance that temporarily affects availability. We will make reasonable efforts to provide advance notice of planned downtime.
• We are not responsible for interruptions caused by factors beyond our reasonable control, including internet outages, third-party service failures, or force majeure events.
• We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• MILLER-LANGE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
• FOR FREE TIER USERS, OUR TOTAL LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50).

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless Miller-Lange LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your installation of the agent on endpoints without proper authorization

12. Termination

By You: You may terminate your account at any time by contacting us or through the web portal. Upon termination, your agent software will cease transmitting data and your license to use the agent is revoked.

By Us: We may suspend or terminate your account if you violate these Terms, fail to pay applicable fees, or for any other reason with 30 days' notice (or immediately in cases of serious violations).

Effect of Termination: Upon termination, your telemetry data will be retained for 30 days to allow for export or recovery, after which it will be permanently deleted. Your account credentials will be deactivated immediately.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website with a revised "Last updated" date
• Sending notice to the email address associated with your account for material changes

Material changes will take effect 30 days after notice is provided. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Service.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict-of-law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved in the state or federal courts located in Maryland, and you consent to the personal jurisdiction of such courts.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Miller-Lange LLC regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Information

If you have any questions about these Terms, please contact us: