Terms of Service
Effective Date: January 11, 2026
Welcome to Create. These Terms of Service ("Terms") govern your access to and use of the Create platform, including our website, applications, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
Please read these Terms carefully before using our Service. If you do not agree with these Terms, you must not access or use the Service.
1. Acceptance of Terms
By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance constitutes the organization's acceptance of these Terms.
2. Service Description
Create is an AI-powered development platform that enables users to build, design, and deploy web applications. The Service includes:
- AI-assisted code generation and development tools
- Project creation and management features
- Real-time preview and testing environments
- Integration with third-party services (GitHub, Google, etc.)
- Text-to-speech and other AI-powered features
- Deployment and hosting capabilities
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.
3. User Accounts
3.1 Account Creation
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Keep your account credentials secure and confidential
- Notify us immediately of any unauthorized account access
- Be at least 13 years of age to create an account
3.2 Account Responsibility
You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.
3.3 Account Termination
We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we deem harmful to the Service or other users.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for your conduct and any content you create, upload, or share through the Service.
5. User Content
5.1 Your Content
You retain all rights to the content you create, upload, or share through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to:
- Store, process, and display your content
- Provide the Service and its features to you
- Improve and develop the Service
- Comply with legal obligations
5.2 Content Responsibility
You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not infringe third-party rights
- Your User Content complies with applicable laws and these Terms
5.3 Content Removal
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.
6. Intellectual Property
The Service and its original content, features, and functionality are owned by Create and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Our trademarks, logos, and service marks may not be used without our prior written consent. Nothing in these Terms grants you any right to use the Create name or any Create trademarks, logos, or domain names.
7. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating laws, regulations, or third-party rights
- Impersonating any person or entity or misrepresenting your affiliation
- Uploading malicious code, viruses, or harmful software
- Attempting to gain unauthorized access to the Service or systems
- Interfering with or disrupting the Service or servers
- Using automated systems to access the Service without permission
- Harvesting or collecting user information without consent
- Using the Service to spam, harass, or harm others
- Reverse engineering, decompiling, or disassembling the Service
- Removing or altering any copyright, trademark, or proprietary notices
- Creating derivative works of the Service without authorization
- Using the Service for any illegal or unauthorized purpose
8. Service Availability and Modifications
We strive to provide reliable Service availability, but we do not guarantee uninterrupted access. The Service may be unavailable due to:
- Scheduled maintenance and updates
- Technical difficulties or outages
- Third-party service disruptions
- Force majeure events
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuance of the Service.
9. Disclaimers
Important Legal Notice
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
- WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES
We do not warrant that the AI-generated content will be accurate, complete, or suitable for your purposes. You are solely responsible for evaluating and using any content generated through the Service.
10. Limitation of Liability
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
- Loss of profits, revenue, data, or use
- Business interruption
- Loss of goodwill or reputation
- Cost of substitute services
- Any other intangible losses
THIS LIMITATION APPLIES WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU TO CREATE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
11. Indemnification
You agree to indemnify, defend, and hold harmless Create and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of applicable laws or regulations
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us at support@thecreateapp.com. Upon termination, your right to use the Service will immediately cease.
12.2 Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:
- Violation of these Terms
- Fraudulent or illegal activity
- Prolonged account inactivity
- At our sole discretion
12.3 Effect of Termination
Upon termination, all rights granted to you under these Terms will immediately cease. We may delete your account data, but we are not obligated to do so. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, and limitations of liability.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any dispute arising from or relating to these Terms or the Service shall be resolved through:
- Informal Negotiation: Contact us first to attempt informal resolution
- Binding Arbitration: If informal resolution fails, disputes will be settled by binding arbitration under the rules of the American Arbitration Association
You waive any right to participate in a class action lawsuit or class-wide arbitration.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:
- Posting the updated Terms on this page
- Updating the "Effective Date" at the top
- Sending email notification (for significant changes)
Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Create regarding the Service.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
15.3 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
15.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.