MSPercury
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Last updated: May 26, 2026

Terms of Service

These Terms of Service ("Terms") govern your use of the SaaS product MSPercury ("Service") provided by IT Systeme Flores UG (haftungsbeschränkt), Neufeldweg 25a, 51427 Bergisch Gladbach, Germany ("we", "us"). The Service is intended exclusively for businesses within the meaning of § 14 of the German Civil Code (BGB). Use by consumers is neither intended nor permitted.

1. Contract formation

By registering a workspace on mspercury.com and accepting these Terms and the Privacy Policy, you enter into a contract for the use of the Service under the conditions you select. Only natural persons with full legal capacity acting in the context of a business or profession are entitled to use the Service. We reserve the right to refuse a registration without giving reasons or to suspend an existing workspace, with or without prior notice, on reasonable suspicion of misuse, breach of these Terms or unlawful content.

2. Scope of service

MSPercury is a browser-based software for creating, managing and archiving quotes, customer and project data for Managed Service Providers, including optional modules such as IT Assessment, lead generation, customer portal, Stripe invoice creation against the customer's own Stripe account, AI-assisted features with BYO-API-Key and partner-network features. The specific feature scope follows the product description on mspercury.com at the time of purchase. We reserve the right to extend, adjust or discontinue features at any time, provided the essential contractual obligations are not impaired.

3. Beta status

MSPercury is currently in an active development phase ("Beta"). Consequently:

  • Features may change, be added or removed on short notice.
  • Brief deployment-related interruptions are possible. Planned maintenance is announced when possible at mspercury.com/status.
  • Bug fixes take priority over feature requests. No guarantee exists for the implementation of a requested feature.
  • Data created in MSPercury (quotes, invoices, customers) should be backed up regularly via the workspace export — see Section 9.

4. Pricing model and billing

4.1 Free tier ("Founding-100 Cohort" — closed since 2026-05-22)

Notice: The Founding-100 Cohort closed to new registrations on 2026-05-22. New workspaces receive the 30-day Pro trial instead (see § 4.3). Existing Founding-100 members retain their conditions unchanged.

The first 100 registered workspaces (cohort before 2026-05-22) receive permanent free access to a reduced feature set ("Free"). Free covers, among others, unlimited customer and quote management with service catalog, packages and custom pricing, MRR tracking, one Public IT Assessment URL and the top-20 findings library (read-only). Pro features (custom branding with your own logo/colors on PDFs, lead management/CRM, lead marketplace, Stripe integration, AI features with BYO-Key, advanced reporting, multiple Public IT Assessment URLs, etc.) are not included in Free. We may modify the cut of Free features with 30 days' notice; Free workspaces from the Founding Cohort will not be forcibly deactivated as a result.

4.2 Paid subscriptions (Solo + Pro + Team)

As of 2026-05-15 (Solo + Team) and 2026-05-22 (Pro) the paid plans are split into three tiers — all unlock the same Pro feature set. Pro quadruples the monthly AI token allowance compared to Solo (8M vs 2M); Team additionally permits seating more than one operator on the same workspace.

Solo — single-user workspace, all Pro features unlocked, 2M AI tokens per month, flat per workspace per month:

  • €59.00 net (eurozone) plus applicable VAT
  • $59.00 USD for US customers
  • £49.00 GBP for UK customers
  • CA$79.00 for Canadian customers
  • MX$1,099.00 for Mexican customers

Team — Solo plus multi-user workspace (additional admin + member seats), billed per user per month:

  • €49.00 net (eurozone) plus applicable VAT
  • $49.00 USD for US customers
  • £39.00 GBP for UK customers
  • CA$65.00 for Canadian customers
  • MX$929.00 for Mexican customers

Billing is monthly in advance via our payment processor Stripe Payments Europe, Ltd. ("Stripe"). Stripe handles VAT logic (DE 19 %, EU B2B reverse-charge with valid VAT ID after VIES validation, 0 % outside the EU). Invoices are issued in the workspace language.

Tier switches between Solo and Team are processed via the Stripe Customer Portal with pro-rated billing — there is no data migration required either direction.

4.3 Trial period

Pro workspaces receive a free trial of 30 days from activation. During the trial no payment method is stored; without an active payment method at the end of the trial, Pro functionality ends automatically and the workspace falls back to Free tier (if Founding Cohort) or is locked.

4.4 Price changes

We may change Pro prices with at least 30 days' advance notice. Price changes are communicated in text form by email to the registered admin address. If you object to the changed prices within 14 days of notification, the contract may be terminated at the time the price change takes effect; until then the original prices apply. Existing Founding-100 Free-tier slots are not affected by Pro-plan price changes.

§ 5. AI Assistant and usage-based billing

5.1 Feature scope

MSPercury includes an in-product AI Assistant ("Bob") available to Pro-plan workspaces. Bob queries the workspace's own data (customers, quotes, invoices, projects, MRR) and drafts new records on request. Every write action requires explicit operator confirmation in the UI before any data is changed.

5.2 Model provider

Bob is powered by Anthropic Claude (model: claude-3-5-haiku-20241022, may be updated at MSPercury's reasonable discretion). Anthropic processes the workspace data sent to the model API as a sub-processor of MSPercury (managed mode) or directly under the operator's own contract (BYO-key mode). The list of MSPercury's sub-processors is maintained in the Data Processing Agreement (DPA).

5.3 Data sent to the model

When the operator uses Bob, the following workspace data may be transmitted to Anthropic's API: customer records (company name, contact, address, MRR), quote/invoice metadata (numbers, totals, statuses, line items where the operator asks), project status updates, and the operator's own prompts. No customer of the operator can use Bob directly, and Bob does not access customer portal data, agreements, or attachments.

5.4 Anthropic terms

Anthropic does not train its models on data sent through its API ("zero data retention for training" per Anthropic's Commercial Terms as of the contract date — see https://www.anthropic.com/legal/commercial-terms). Anthropic retains API traffic for up to 30 days for abuse-monitoring purposes. MSPercury holds the commercial agreement with Anthropic for managed mode; BYO-key operators hold their own agreement.

5.5 Metered billing (managed mode)

For operators using MSPercury-managed Bob (i.e. without a BYO Anthropic key), usage is billed metered per token consumed at the published rate of $0.005 per 1,000 tokens (or equivalent in the workspace's billing currency at exchange-rate-of-the-day). Token counts are tallied per request and accumulate against the workspace's Stripe subscription. Pro plans include a per-month allowance (Solo: 5,000,000 tokens; Team: 20,000,000 tokens). Usage beyond the allowance is billed at the published rate. The operator can monitor live usage at /assistant and Settings → AI Assistant.

5.6 Cost caps and overage protection

The operator may set a monthly cap in Settings; on reaching it Bob's managed mode pauses until the next billing cycle or until the operator raises the cap. Without an explicit cap, MSPercury applies a soft alert at 80 % of the combined allowance + cap usage. No retroactive billing is added without prior notice.

5.7 BYO-key mode

Operators connecting their own Anthropic API key bear sole responsibility for the costs charged by Anthropic to their account. MSPercury does not mark up BYO-key usage or share in those costs.

5.8 Acceptance

First use of managed Bob requires explicit acceptance of these AI-usage terms via the in-app prompt. The acceptance is recorded with timestamp and operator user-id. BYO-key mode does not require this acceptance (the operator is the contracting party with Anthropic).

5.9 Quality

AI-generated output is best-effort. Bob may produce inaccurate or misleading text. The operator is responsible for reviewing every AI-drafted record before confirming it. MSPercury makes no warranty as to the accuracy, completeness, or fitness-for-purpose of AI-generated content.

5.10 Discontinuation

MSPercury may modify or discontinue specific AI features with 30 days' written notice. Stored conversations remain accessible read-only for at least 90 days after any feature retirement.

6. Term and termination — no minimum term

The contract runs for an indefinite period. There is no minimum term. Pro subscriptions may be cancelled at any time effective at the end of the current billing month — either via the self-service feature in the workspace (Settings → Billing → "Manage subscription") or by informal email to info@mspercury.com.

After cancellation of the Pro subscription:

  • Pro features remain available until the end of the paid billing period.
  • The workspace then falls back to Free tier or is locked.
  • Data remains accessible for 30 days for export via workspace download (Settings → Data export). After 30 days the data is irrevocably deleted.

Extraordinary termination for cause remains available to both parties. Cause on our side includes in particular breach of the obligations in Section 7, repeated payment default or other impairment of the Service. We may suspend the workspace without notice where cause exists.

Automatic deletion of inactive workspaces: If no member of a workspace signs in for 30 consecutive days, we send a warning email to the workspace administrator. If no sign-in occurs within the following 7 days, the workspace and all associated data will be irrevocably and permanently deleted. Workspaces with an active or past-due paid subscription are exempt from automatic deletion. Recovery after the 7-day window has closed is not possible. The workspace download (Settings → Data export) remains available until the last moment.

7. Customer obligations

You agree to:

  • Treat credentials and API keys as confidential and notify us immediately of any suspected misuse.
  • Ensure that you hold all necessary rights to the data you enter (customer data, quote data, uploaded logos, IT Assessment answers, etc.) and that its processing does not infringe third-party rights.
  • Not use the Service for unlawful purposes, in particular not for spam, phishing, distribution of malicious software or circumvention of third-party security measures.
  • When using Bring-Your-Own-API keys (Stripe, Anthropic, OpenAI, Ollama, etc.): configure the keys correctly, comply with the third-party provider's terms, and assume sole responsibility for resulting cost / usage.
  • When using the Stripe integration: ensure correctness of your own tax master data (VAT ID, country, tax-id type) and customer master data. MSPercury does not validate VAT IDs prior to the Stripe push.
  • When using the Public IT Assessment or other lead-generation features: adapt your own privacy policy to the actual processing and obtain the consents of lead persons in compliance with applicable law.
  • Enable 2FA for the workspace (mandatory for Pro from GA onwards), rotate password-based accounts regularly, terminate compromised sessions immediately.

8. Availability and support

We target an annual availability of the Service of 99.5 %, excluding planned maintenance windows and periods of force majeure (outages of Hetzner, Stripe or other upstream providers; third-party DDoS attacks; etc.). During the Beta phase no minimum availability is guaranteed. Damage claims arising from outages are limited under Section 10.

Support is provided via the Discord community (MSPercury-exclusive channel) and by email to support@mspercury.com. No specific response time is guaranteed during Beta; the MSPercury team reads along and replies as fast as we can. We do not offer phone support.

9. Data backups — IMPORTANT

We perform daily full-server backups of the Hetzner VPS. These server-wide backups protect against total infrastructure loss.

Per-tenant snapshots and per-workspace restore points DO NOT YET EXIST. If you or another user in your workspace accidentally delete data, we currently cannot selectively restore them — a full-server restore would reset the state of ALL workspaces and is therefore unsuitable for individual cases.

We strongly recommend: use the workspace export regularly (Settings → Data export → "Workspace as .zip"). The export is GDPR Art. 20 compliant and contains all customer, project, quote and IT Assessment data as JSON + CSV. You are responsible for maintaining your own data backups.

10. Liability

We are liable without limitation for intent and gross negligence and for damages arising from injury to life, body or health. For slight negligent breaches of essential contractual obligations ("Kardinalpflichten") liability is limited to damages typical and foreseeable for this type of contract. Any further liability is excluded.

Our liability is expressly excluded for:

  • Loss of data to the extent the customer has not complied with their own backup obligation (Section 9).
  • Damage caused by configurations that the customer makes in their workspace, their Bring-Your-Own-API keys or their third-party providers (Stripe, Anthropic, etc.).
  • Incorrect tax calculations resulting from incomplete or erroneous customer master data in Stripe.
  • Indirect damages, lost profits, lost customers, reputational damage with third parties.
  • Damage arising from the use of AI features (AI-generated text, AI-generated quotes, etc.). The customer is obligated to review every AI output before sending it to end customers.
  • Impairments during the Beta phase to the extent they do not arise from intent or gross negligence on our part.

Liability per incident is limited to three times the monthly amount paid by the customer for the Pro subscription, but at least €100 (for Free-tier workspaces: €100).

11. Privacy and processing

We process personal data in accordance with our Privacy Policy. For processing on your behalf, the Data Processing Agreement (DPA) applies as an integral part of these Terms. The customer is responsible for their own processing of their end-customers' data within MSPercury.

12. Intellectual property

All rights to the Service, the MSPercury trademark, the software, the templates (findings library, IT Assessment question catalog, AI prompts) and the documentation remain with us. The customer receives a simple, non-transferable right of use for the term of the contract.

Data the customer enters into the Service (customer data, quotes, uploaded logos, etc.) remains the customer's exclusive property. We process it solely to provide the Service in accordance with the DPA.

13. Acceptable use

You agree not to use the Service for:

  • Unsolicited bulk email (spam) — including via the Public IT Assessment or lead features.
  • Phishing, fraud or impersonation.
  • Distribution of malicious software, crypto-mining, or use of server resources beyond the intended use cases.
  • Content violating applicable law, in particular copyright, personality rights, youth protection or anti-discrimination laws.
  • Reverse engineering of the software, creation of competing services based on the architecture, automated scraping of the platform.

On breach of this clause we are entitled to suspend the workspace without notice and, in case of repeated breach, to terminate the contract without notice, without entitling the customer to refunds of fees already paid.

14. Changes to these Terms

We may amend these Terms provided this is necessary to adapt to changes in law, case law or feature scope. Material changes will be communicated in text form by email at least 30 days before they take effect. If the customer does not object within that period, the changes are deemed accepted. The notification will remind the customer of the right to object and the period. On objection, the customer is entitled to terminate the contract at the time the changes take effect.

15. Final provisions

German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction for all disputes arising from this contract is Bergisch Gladbach, Germany, to the extent permitted by law and the customer is a merchant, a legal person under public law or a special fund under public law. Should any provision be or become invalid, the validity of the remaining provisions is unaffected; in place of the invalid provision a rule shall apply that comes closest to what was economically intended. There are no oral side agreements.