Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are a legally binding agreement between CreekFleet (“CreekFleet,” “we,” “us,” or “our”) and the person or entity accessing or using creekfleet.com, the CreekFleet platform, applications, APIs, support, and related products or services (collectively, the “Services”). By creating an account, signing an order form, clicking to accept, or accessing or using the Services, you agree to these Terms and our Privacy Policy.

If you and CreekFleet execute an order form, enterprise agreement, data processing addendum, or other written agreement that expressly governs the Services, that agreement controls to the extent of a direct conflict with these Terms. If you do not agree to these Terms, do not access or use the Services.

2. Eligibility and authority

You must be at least 18 years old and legally capable of entering a binding contract. If you access the Services for a company or other organization (“Customer”), you represent that you have authority to bind the Customer, and “you” includes both you and the Customer. The Services are intended for legitimate business use and are not offered to any person or entity barred by applicable law.

3. Accounts and authorized users

You must provide accurate, current, and complete account information and keep it updated. You are responsible for all activity under your account, safeguarding credentials, configuring roles and permissions, and ensuring that authorized users comply with these Terms. Accounts and credentials may not be shared outside the authorized organization or transferred without our permission.

You must notify us promptly at security@creekfleet.com if you suspect unauthorized access, credential compromise, or another security incident. We may require authentication safeguards, including multifactor authentication, and may restrict access when reasonably necessary to protect the Services or users.

4. The Services

License

Subject to these Terms and payment of applicable fees, CreekFleet grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term for its authorized users to access and use the Services solely for Customer’s internal business operations.

Changes and availability

We may improve, modify, add, or discontinue features from time to time. We will use commercially reasonable efforts to avoid materially reducing core paid functionality during a current subscription term, except where necessary for security, legal compliance, third-party changes, or prevention of harm. We do not guarantee uninterrupted or error-free availability.

Support and beta features

Support is provided according to the applicable plan or order. Preview, early-access, trial, or beta features may be changed or discontinued at any time and are provided “as is” without service-level commitments. Do not rely on beta features for critical operations.

5. Fees, trials, subscriptions, and taxes

Paid Services are billed according to the plan, pricing page, checkout terms, or order form accepted by Customer. Unless stated otherwise, subscription fees are charged in advance, usage and add-on charges may be billed separately, and fees are stated in U.S. dollars.

• Trials: a trial may be limited in duration or functionality. At the end of a trial, access may end unless Customer selects a paid plan.
• Renewal: subscriptions automatically renew for successive periods equal to the initial term unless canceled before renewal, except where an order form states otherwise.
• Cancellation: Customer may cancel through available account controls or by contacting support. Cancellation prevents future renewal but does not ordinarily provide a refund for the current paid period.
• Price changes: we may change pricing on reasonable advance notice, effective at the next renewal unless otherwise stated.
• Late payment: overdue amounts may accrue lawful interest and collection costs. We may suspend paid features after notice if payment remains overdue.
• Taxes: fees exclude taxes, duties, and government assessments. Customer is responsible for applicable taxes other than taxes on CreekFleet’s net income.

Except where required by law or expressly stated in an order form, fees are non-refundable and credits are not provided for partially used periods.

6. Customer data and legal compliance

“Customer Data” means information, content, records, files, photographs, documents, vehicle data, renter or driver data, and other materials submitted to or processed through the Services by or for Customer. As between the parties, Customer retains its rights in Customer Data. Customer grants CreekFleet and its service providers a non-exclusive right to host, copy, transmit, display, modify, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, and improve the Services; prevent fraud or harm; comply with law; and fulfill Customer’s documented instructions.

Customer represents and warrants that it has all rights, notices, permissions, and lawful bases necessary to collect, upload, use, and instruct CreekFleet to process Customer Data. Customer is responsible for the accuracy and legality of Customer Data; its rental agreements, business practices, consumer notices, and regulatory compliance; responding to individuals’ requests; and maintaining any records required by law.

CreekFleet may generate and use aggregated or de-identified information that does not reasonably identify Customer or an individual to operate, analyze, secure, and improve the Services.

7. Vehicle tracking, telematics, and automated alerts

Tracking features may display or process precise location, routes, mileage, speed, ignition status, device health, diagnostics, geofences, and security events received from vehicles or third-party providers. Customer must use these features only for lawful, disclosed business purposes and must provide all notices and obtain all consents required from renters, drivers, employees, vehicle owners, and other affected individuals.

Customer must not use the Services for unlawful surveillance, stalking, discrimination, retaliation, or any purpose that violates employment, consumer-protection, privacy, wiretap, biometric, rental, repossession, or other applicable laws. Tracking information and automated alerts may be delayed, incomplete, or inaccurate because of device, network, provider, installation, environmental, or configuration issues. CreekFleet is not an emergency, law-enforcement, recovery, dispatch, or roadside-assistance service. Do not rely solely on the Services to protect people or property or to make safety-critical decisions.

8. Acceptable use

You may not, and may not permit another person to:

• use the Services unlawfully, fraudulently, deceptively, or to infringe another person’s rights;
• upload malware or harmful code, interfere with the Services, bypass security controls, probe vulnerabilities without written authorization, or facilitate denial-of-service activity;
• access another customer’s data or account, impersonate another person, or misrepresent authority;
• reverse engineer, decompile, disassemble, copy, frame, scrape, or create derivative works of the Services except where applicable law expressly permits and cannot be waived;
• resell, sublicense, rent, lease, or provide the Services as a service bureau unless an agreement expressly permits it;
• use automated means that impose an unreasonable load or circumvent usage limits;
• upload content that is illegal, infringing, defamatory, threatening, exploitative, or that contains highly sensitive information not necessary for an authorized workflow;
• use the Services to develop or train a competing product using non-public elements of the Services; or
• remove proprietary notices or help another person violate these Terms.

We may investigate suspected violations and cooperate with lawful authorities. Enforcement may include content removal, access restrictions, suspension, or termination.

9. Third-party services and integrations

The Services may interoperate with third-party payment processors, GPS and telematics providers, maps, communications platforms, accounting tools, identity services, and other products. Third-party services are governed by their own terms, fees, availability, and privacy practices. Customer authorizes CreekFleet to exchange Customer Data with enabled integrations as necessary to provide the requested functionality.

CreekFleet does not control and is not responsible for third-party services, hardware, cellular connectivity, installation, or data accuracy. Changes to a third-party service may limit or end an integration. Fees for hardware, cellular service, payment processing, installation, or provider subscriptions may be separate from CreekFleet fees.

10. Intellectual property and feedback

CreekFleet and its licensors own the Services, software, design, documentation, trademarks, logos, technology, and all related intellectual-property rights, excluding Customer Data. No rights are granted except the limited use right expressly stated in these Terms.

If you provide ideas, suggestions, or feedback, you grant CreekFleet a worldwide, perpetual, irrevocable, royalty-free right to use, modify, and incorporate that feedback without restriction or obligation, provided we do not publicly identify you as its source without permission.

11. Confidentiality

Each party may receive non-public information identified as confidential or that reasonably should be understood as confidential (“Confidential Information”). The receiving party will use reasonable care to protect it, use it only to perform or exercise rights under the agreement, and disclose it only to personnel and service providers who need to know it and are bound by confidentiality duties.

Confidential Information does not include information lawfully known without restriction, independently developed, publicly available through no breach, or rightfully received from a third party. A party may disclose information when legally required if, where permitted, it gives prompt notice and reasonable assistance.

12. Suspension and termination

Customer may stop using the Services at any time and may cancel as described above. Either party may terminate an applicable agreement for a material breach that remains uncured 30 days after written notice, or immediately if the other party becomes insolvent, enters bankruptcy, or ceases business, subject to applicable law.

We may suspend or limit access immediately when reasonably necessary to prevent security threats, fraud, legal violations, harm to others, material service disruption, or unauthorized access, or when required by law. Where practicable, we will provide notice and work to restore access after the issue is resolved.

Upon termination, Customer’s right to use the Services ends. Customer should export needed data before termination. Subject to applicable law, contractual commitments, technical feasibility, and our retention policy, we may delete Customer Data after a reasonable post-termination period. Provisions that by their nature should survive—including payment obligations, ownership, confidentiality, disclaimers, limitations, indemnity, and dispute terms—will survive.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, DOCUMENTATION, BETA FEATURES, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CREEKFLEET DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

CreekFleet does not warrant that the Services will be uninterrupted, secure, error-free, or meet every requirement; that data, calculations, alerts, maps, tracking, reports, availability, rates, fees, or third-party information will be accurate or complete; or that defects will be corrected. Customer remains responsible for reviewing outputs, maintaining appropriate insurance and backups, complying with law, and making independent operational, safety, employment, credit, rental, recovery, and legal decisions. The Services do not provide legal, tax, insurance, financial, law-enforcement, emergency, or professional advice.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREEKFLEET AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA; BUSINESS INTERRUPTION; VEHICLE LOSS, THEFT, DAMAGE, OR RECOVERY COSTS; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CREEKFLEET AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO CREEKFLEET FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. IF CUSTOMER USED ONLY FREE SERVICES, THE CAP IS US$100.

The exclusions and limits apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not apply to liability that cannot lawfully be excluded or limited.

15. Indemnification

To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless CreekFleet and its affiliates, officers, directors, employees, licensors, and service providers from third-party claims, damages, losses, liabilities, judgments, penalties, costs, and reasonable attorneys’ fees arising from or relating to: Customer Data; Customer’s rental, fleet, tracking, employment, payment, or business practices; Customer’s or its authorized users’ violation of these Terms or law; infringement or misappropriation of third-party rights; or misuse of the Services. CreekFleet will provide reasonable notice and cooperation, and Customer may control the defense, but may not settle a claim in a manner that admits fault by or imposes obligations on CreekFleet without written consent.

16. Governing law, arbitration, and class-action waiver

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

Informal resolution first

Before filing a claim, each party will send written notice describing the dispute and requested relief and will attempt in good faith to resolve it for at least 30 days. Notices to CreekFleet must be sent to legal@creekfleet.com.

Binding individual arbitration

Except for eligible small-claims matters or requests for temporary injunctive relief to protect intellectual property, security, or confidential information, any dispute arising from or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules. Arbitration will take place in Denver, Colorado, unless the parties agree to remote proceedings or another location. The Federal Arbitration Act governs this arbitration provision. Judgment on an award may be entered in any court with jurisdiction.

No class or jury proceedings

EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT.

If this arbitration provision is found unenforceable for a particular claim, that claim will be resolved exclusively in the state or federal courts located in Denver County, Colorado, and each party consents to their jurisdiction and venue.

17. General terms

• Changes: we may update these Terms. Material changes will be posted with a new effective date and additional notice where required. Continued use after the effective date constitutes acceptance.
• Assignment: you may not assign these Terms without our written consent. We may assign them in connection with a merger, reorganization, sale of assets, or by operation of law.
• Force majeure: neither party is liable for delay or failure caused by events beyond reasonable control, excluding payment obligations.
• Notices: we may provide notices electronically through the Services, account email, or website. Legal notices to CreekFleet must be sent to the contact below.
• Export and sanctions: you must comply with applicable export-control and sanctions laws and may not use the Services where prohibited.
• Relationship: the parties are independent contractors. These Terms do not create a partnership, franchise, fiduciary, employment, or agency relationship.
• No third-party beneficiaries: these Terms do not create rights for any third party.
• Severability and waiver: an unenforceable provision will be modified to the minimum extent necessary or severed, and the remainder will continue. Failure to enforce a provision is not a waiver.
• Entire agreement: these Terms, the Privacy Policy, applicable order forms, and incorporated written addenda form the entire agreement regarding the Services and replace prior discussions on that subject.
• Headings: headings are for convenience only. “Including” means “including without limitation.” Electronic acceptance and signatures have the same effect as originals.

18. Contact information

Questions or legal notices concerning these Terms may be sent to: