Terms of Service

Terms governing your use of Creek services.

Effective Date: March 28, 2026

These Terms of Service ("Terms") govern your access to and use of the services provided by SolCreek, Inc. ("Creek," "we," "us," or "our"), including the Creek platform, CLI tools, APIs, MCP server, sandbox, and website at creek.dev (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Definitions

"Your Content" means any source code, files, configurations, data, or other materials you upload, deploy, or transmit through the Services.
"Sandbox" means Creek's free, anonymous preview deployment environment at creeksandbox.com.
"Services" means all Creek products, including the deployment platform, CLI, APIs, MCP server, dashboard, and documentation.
"Account" means a registered Creek user account with associated team/organization context.
"Usage Data" means aggregated, de-identified data about how the Services are used (traffic metrics, performance data, error rates). Usage Data does not include Your Content.

2. Eligibility

You must be at least 16 years old to use the Services. By using the Services, you represent that you meet this requirement and have the legal capacity to enter into these Terms.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at security@creek.dev if you become aware of any unauthorized use.

Creek accounts are associated with a team/organization. You are responsible for managing team membership and permissions.

4. Your Content

4.1 Ownership

You retain all intellectual property rights in Your Content. Creek does not claim ownership of any content you deploy through the Services.

4.2 License to Creek

You grant Creek a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, and display Your Content solely as necessary to provide the Services. This license terminates when you delete Your Content or your account.

4.3 No AI Training

Creek does not use Your Content or Usage Data to train artificial intelligence or machine learning models, and does not permit third parties to do so. This applies to all plan tiers, including free plans and sandbox deployments. This prohibition extends to Creek's infrastructure sub-processors.

4.4 Content Responsibility

You are solely responsible for Your Content and represent that:

You have all rights necessary to deploy and distribute it
It does not infringe any third party's intellectual property rights
It does not violate any applicable law or our Acceptable Use Policy
It does not contain malware, phishing, or other malicious material

4.5 Backup

Creek is not obligated to maintain backups of Your Content. You are solely responsible for creating and maintaining backup copies of your data.

5. Sandbox

The Sandbox is a free, anonymous preview deployment environment subject to additional terms:

Sandbox deployments are ephemeral (60-minute time limit) and may be removed at any time without notice
Sandbox usage is subject to rate limits and visitor caps
Content deployed to the Sandbox is scanned for policy violations. Deployments that violate our Acceptable Use Policy may be automatically blocked
By deploying to the Sandbox, you accept these Terms and our Acceptable Use Policy. CLI and MCP users are prompted for acceptance before their first deployment
Creek records deployment metadata (IP address hash, country, user agent, content fingerprint — a SHA-256 hash of the deployment bundle) for security and legal compliance. Raw IP addresses are retained for 30 days, then deleted
Creek makes no guarantees about Sandbox availability, performance, or content preservation
Sandbox deployments are served from a separate domain (creeksandbox.com) and infrastructure, isolated from production services

6. Acceptable Use

Your use of the Services must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy constitutes a material breach of these Terms.

7. Fees and Payment

7.1 Free Tier

Creek offers a free tier at our sole discretion. We may change, limit, or discontinue the free tier at any time. Free tier users receive no service level guarantees.

7.2 Paid Plans

Paid plans are billed in advance on a recurring basis. Fees are non-refundable except as expressly stated in these Terms or required by law.

7.3 Changes to Pricing

We will provide at least 30 days' notice before changing pricing for existing paid plans. Price changes take effect at the start of the next billing cycle after the notice period.

8. Intellectual Property

8.1 Creek Property

Creek and its licensors retain all rights in the Services, including all software, APIs, documentation, trademarks, and other intellectual property. These Terms do not grant you any rights to use Creek's trademarks or branding without our prior written consent.

8.2 Feedback

If you provide feedback or suggestions about the Services, you grant Creek a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, and incorporate that feedback into the Services without obligation to you.

8.3 Usage Data

Creek may collect and use Usage Data to improve the Services and generate internal analytics. Usage Data is de-identified and aggregated. Usage Data does not include Your Content or source code. Creek does not sell Usage Data to third parties or use it for AI/ML model training.

8.4 Open Source

The Creek control plane, CLI, and SDK are available under the Apache License 2.0 at github.com/solcreek/creek. Your use of open-source components is governed by their respective licenses. Nothing in these Terms restricts your rights under those licenses.

9. Confidentiality

Each party agrees to protect the other party's confidential information with the same degree of care used to protect its own confidential information, but no less than reasonable care. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party.

10. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CREEK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREEK'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE TOTAL FEES YOU PAID TO CREEK IN THE 12 MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL CREEK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF WHETHER CREEK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

12.1 Creek's Indemnification

Creek will defend and indemnify you against third-party claims that the Services infringe that third party's intellectual property rights, and will pay any resulting damages or settlement amounts, provided you give Creek prompt notice and reasonable cooperation.

12.2 Your Indemnification

You will defend and indemnify Creek against third-party claims arising from (a) Your Content, (b) your violation of these Terms or the Acceptable Use Policy, or (c) your violation of applicable law.

13. Term and Termination

13.1 Term

These Terms are effective when you first access the Services and remain in effect until terminated.

13.2 Termination by You

You may terminate your account at any time through the dashboard or by contacting support@creek.dev.

13.3 Termination by Creek

Creek may terminate or suspend your access: (a) immediately, for violation of the Acceptable Use Policy or these Terms; (b) with 30 days' notice, for any other reason; (c) with 7 days' notice, for free tier accounts, at our sole discretion (except for AUP violations, which may result in immediate termination).

For paid accounts with a curable breach, Creek will provide 30 days to remedy the breach before termination.

13.4 Effect of Termination

Upon termination, your right to use the Services ceases immediately. Creek will make Your Content available for export for 30 days after termination of paid accounts, after which it will be permanently deleted. For free tier accounts, Creek will provide 7 days for data export following termination, after which data will be permanently deleted.

14. DMCA

Creek respects intellectual property rights and responds to notices of alleged infringement in accordance with the Digital Millennium Copyright Act. See our DMCA Policy for details.

15. General

15.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Dispute Resolution

Any disputes arising under these Terms shall be resolved in the state or federal courts located in San Francisco County, California. Both parties consent to personal jurisdiction in these courts.

15.3 Modifications

Creek may modify these Terms by posting updated terms at creek.dev/legal/terms. We will provide at least 30 days' notice for material changes (via email or in-product notification). Your continued use of the Services after the notice period constitutes acceptance of the modified Terms.