Source: https://commish.sh/terms Legal # Terms of Service These Terms govern your access to and use of Commish, including its websites, applications, APIs, referral tools, and program-management services. Last updated October 8, 2026 ## 1. Agreement to these Terms These Terms of Service (the **Terms**) are a binding agreement between you and Oftring Ventures LLC, doing business as Commish (**Commish**, **we**, **us**, or **our**). They apply when you access or use commish.sh, app.commish.sh, or any related product, API, software, documentation, or service we provide (collectively, the **Service**). By creating an account, accepting an invitation, connecting a third-party account, or otherwise using the Service, you agree to these Terms and our [Privacy Policy](https://commish.sh/privacy). If you use the Service for a company or other organization, you represent that you have authority to bind it, and **you**includes that organization. If you do not agree, do not use the Service. ## 2. Eligibility and accounts You must be at least 18 years old and legally able to enter into these Terms. You must provide accurate, current information and keep it up to date. You are responsible for activity under your account and for protecting passwords, multi-factor authentication methods, API keys, access codes, and other credentials. Promptly notify us at [security@commish.sh](mailto:security@commish.sh) if you suspect unauthorized access. A workspace owner or administrator may invite users, assign roles, configure programs and integrations, and control workspace data. If an organization administers your account, its administrators may access and manage that account and associated data. You are responsible for ensuring that your authorized users comply with these Terms. ## 3. The Service Commish provides tools for businesses and creators to establish and operate referral or creator programs. Depending on the features made available to you, the Service may support program listings, invitations, creator profiles, referral links, attribution, conversion and refund records, commission calculations, funding and payout workflows, APIs, webhooks, and related reporting. Test-mode records, balances, commissions, transfers, and payouts do not represent real funds or settled financial obligations. Use live functionality only when the Service expressly identifies it as live. Features may differ by account, geography, program, or provider eligibility. ## 4. Programs and creator relationships A business that creates or operates a program (**Program Owner**) sets the program's eligibility rules, commission terms, attribution rules, refund treatment, promotional requirements, and other program terms. A creator or referral partner (**Creator**) must review and accept the applicable program terms before participating. Program terms are an agreement between the Program Owner and the Creator; Commish is not a party to that relationship unless we expressly say otherwise in writing. Program Owners are responsible for offering lawful programs, providing required disclosures and advertising instructions, accurately recording eligible transactions, honoring valid commissions, handling customer refunds and disputes, and complying with tax, employment, consumer-protection, endorsement, and marketing laws. Creators are responsible for truthful promotions, required sponsorship or affiliate disclosures, and compliance with program terms. Neither participation in a program nor use of Commish creates an employment, agency, franchise, fiduciary, partnership, or joint venture relationship with Commish. Attribution can be affected by browser settings, customer choices, blocked or deleted storage, multiple referral sources, incomplete integrations, refunds, fraud review, and program rules. Commish does not guarantee that every visit or sale will be attributed or that every recorded commission will become payable. ## 5. Payments and Stripe Connect Commish uses Stripe to provide connected-account, payment, and payout functionality. If you connect or create a Stripe account through the Service, you also agree to the applicable [Stripe Connected Account Agreement](https://stripe.com/legal/connect-account) and [Stripe Services Agreement](https://stripe.com/legal/ssa). Stripe may require identity, business, ownership, bank-account, tax, and other information; determine your eligibility; impose reserves or limits; or suspend its services under its own agreements. You authorize Commish and Stripe to exchange connected-account, transaction, refund, dispute, balance, capability, and payout information as needed to provide the Service. You also authorize Commish to create or transmit permitted payment, transfer, refund, fee, and payout instructions consistent with your configuration, program terms, and use of the Service. Commish does not hold bank or card credentials and is not a bank. Stripe, financial institutions, and payment networks independently perform the regulated payment services they provide. You are responsible for maintaining sufficient funds, resolving negative balances, chargebacks, reversals, refunds, taxes, and other amounts attributable to your activity. Payout timing and availability may be affected by refund windows, risk review, provider processing, banking schedules, legal requirements, and program rules. **Holds, finality, and funding under pricing V2.** For programs using pricing V2, each program states a return window of up to 180 days. A recorded commission, the related Commish fee, and any referral reward are held for that window plus 7 days from the purchase. A refund or a lost dispute recorded while they are held reverses them. When the hold ends they become final: Commish will not reverse, offset, or recover a creator's released earnings because of a later refund, dispute, or chargeback, and the Program Owner remains responsible for its own refund policy and customer disputes. Program Owners running LIVE programs must keep the minimum available balance published on the Pricing page for their volume tier and must keep a verified bank account on file that authorizes Commish to reload that balance automatically when it falls below the minimum. While a reload fails, funding is paused, or a required bank authorization is missing, Commish may stop accepting new referrals for the Program Owner's programs and may remove them from promotion. Commish does not advance or guarantee creator earnings that a Program Owner has not funded. ## 6. Fees and taxes Commish charges Program Owners a platform fee as published on the [Pricing page](https://commish.sh/pricing), which forms part of these Terms. Under pricing V2, the platform fee is a percentage of each attributed sale's net amount, set by the Program Owner's attributed sales in the current calendar month (UTC) according to the published tiers, in addition to the creator commission the Program Owner sets. The fee is set aside when a sale is recorded, released if the sale is refunded while held, and earned when the hold ends. For programs using pricing V1, the platform fee is five percent of creator earnings paid out. Stripe processing costs for funding and payouts are included in the fee. No fee applies to a sale that produces no creator commission. Commish may share part of its fee with creators who introduce other creators, as described in the Service. Other fees, commission rates, and charges will be disclosed in the Service, an order form, or applicable program terms. You authorize us and our payment providers to collect those amounts using the payment method, connected account, balance, or transaction flow you select. Except where required by law, fees already incurred are non-refundable. We may change the published fee schedule by giving at least 30 days' notice in the Service or by email; continued use after the effective date is acceptance of the change. You are responsible for taxes, duties, reporting, withholding, and information returns arising from your use of the Service or a program, other than taxes based on Commish's net income. We may collect tax information, issue reports, withhold amounts, or remit taxes where required by law, but we do not provide tax advice. ## 7. Customer data and privacy You retain ownership of data, content, program materials, customer records, and other information you submit to the Service (**Customer Data**). You grant Commish a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, modify, and otherwise process Customer Data only as needed to provide, secure, and support the Service, comply with law, and enforce these Terms. We may use aggregated or deidentified information to analyze and improve the Service. This license ends when the applicable data is deleted from our systems, subject to lawful retention and backups. You represent that you have all rights, notices, and consents needed for Commish and its providers to process Customer Data as described in these Terms and the Privacy Policy. Program Owners are responsible for their own privacy notices and for responding to requests concerning personal data they direct us to process, including end-customer and referral data. Do not submit regulated health information, government identification numbers, complete payment-card or bank credentials, or other sensitive information unless the Service expressly requests it for that purpose. ## 8. Public content and feedback Creator profiles, handles, bios, avatars, social links, program listings, and other content marked public may be displayed publicly and indexed by search engines. You are responsible for public content you publish and may remove or update it through available account controls. If you provide ideas, suggestions, or feedback, you grant Commish a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation. This does not give us ownership of your Customer Data. ## 9. Acceptable use You may not use the Service to: - break the law or another person's rights; - mislead consumers, conceal required endorsements, or promote unlawful, deceptive, infringing, or harmful goods or services; - submit false transactions, fabricate referrals, manipulate attribution, evade refunds, or commit fraud; - upload malware, probe or bypass security, disrupt the Service, or access accounts or data without authorization; - reverse engineer or scrape the Service except as allowed by law or our documented APIs; - send spam or use personal data without a lawful basis; - use the Service for sanctions evasion, money laundering, terrorist financing, or prohibited businesses; or - misrepresent sandbox activity as live financial activity. We may investigate suspected violations and cooperate with Program Owners, Creators, providers, financial institutions, and authorities where reasonably necessary to protect the Service or comply with law. ## 10. APIs, webhooks, and third-party services You must use APIs, SDKs, webhooks, and integrations according to our documentation and applicable rate limits. Keep signing secrets and API keys confidential, verify webhook signatures, use idempotency controls where offered, and promptly rotate compromised credentials. You are responsible for systems and instructions you connect to the Service. Third-party services—including Stripe, Supabase, Cloudflare, Resend, and Vercel—are governed by their own terms and privacy practices. We are not responsible for third-party services, and their availability may affect the Service. Links to third-party sites do not imply an endorsement. ## 11. Commish intellectual property The Service, including its software, design, text, graphics, branding, and documentation, is owned by Commish or its licensors and protected by intellectual-property laws. Subject to these Terms, Commish grants you a limited, revocable, non-exclusive, non-transferable right to use the Service for its intended business purpose. No other rights are granted. Open-source components remain governed by their applicable licenses. ## 12. Confidentiality Each party may receive non-public business, technical, or financial information that a reasonable person would understand to be confidential. The receiving party will use it only to perform under these Terms and protect it with reasonable care. This obligation does not apply to information that is public through no fault of the receiving party, already lawfully known, independently developed, or rightfully received without restriction. A party may disclose confidential information when legally required after giving notice where permitted. ## 13. Suspension and termination You may stop using the Service at any time. You may close an account through available settings or by contacting us. We may suspend or terminate access if you materially breach these Terms, create legal or security risk, fail to pay amounts due, use the Service fraudulently, or if a provider or law prevents us from continuing the Service. When practical, we will give notice and an opportunity to cure. Termination does not cancel accrued fees, valid commission obligations, refunds, disputes, taxes, or provider obligations. Sections that by their nature should survive—including ownership, confidentiality, disclaimers, liability limits, indemnity, dispute terms, and payment obligations—will survive. We may retain or delete data as described in the Privacy Policy and applicable law. ## 14. Availability and changes to the Service We work to provide a reliable Service, but do not guarantee that it will always be available, uninterrupted, secure, or error-free. We may add, change, limit, or discontinue features and may perform maintenance. If we discontinue a material paid feature, we will use reasonable efforts to provide advance notice when circumstances permit. ## 15. Disclaimers TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” COMMISH DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMMISH DOES NOT GUARANTEE PROGRAM PERFORMANCE, ATTRIBUTION RESULTS, SALES, EARNINGS, PAYMENT OR PAYOUT TIMING, TAX TREATMENT, OR THE CONDUCT OF ANY PROGRAM OWNER, CREATOR, CUSTOMER, OR THIRD-PARTY PROVIDER. COMMISH DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, EMPLOYMENT, OR INVESTMENT ADVICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. ## 16. Limitation of liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMISH AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID COMMISH FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED. ## 17. Indemnification To the extent permitted by law, you will defend, indemnify, and hold harmless Commish and its affiliates, officers, employees, agents, and licensors from third-party claims, damages, losses, liabilities, costs, and reasonable legal fees arising from your Customer Data, programs, promotions, products or services, violation of these Terms or law, or infringement of another person's rights. We will give prompt notice and reasonable cooperation. You may not settle a claim in a way that admits fault by or imposes obligations on Commish without our written consent. ## 18. Governing law and disputes Delaware law governs these Terms, without regard to conflict-of-law principles. The state courts located in Kent County, Delaware and the federal courts in the District of Delaware will have exclusive jurisdiction over disputes arising from these Terms or the Service, and each party consents to those courts. Before filing a claim, the parties will attempt in good faith for 30 days to resolve it after written notice. Nothing in this section waives rights or remedies that cannot be waived under applicable law. ## 19. Changes to these Terms We may update these Terms to reflect changes to the Service, law, or our operations. We will post the updated Terms and change the “Last updated” date. For material changes, we will provide reasonable advance notice through the Service or by email when required. Changes apply prospectively from their effective date. Continuing to use the Service after that date means you accept the updated Terms. ## 20. General terms These Terms, the Privacy Policy, applicable program terms, and any order form or written service agreement are the entire agreement for the Service. If they conflict, an executed service agreement controls, followed by an order form, applicable program terms for that program, and then these Terms. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. Neither party is liable for delay caused by events beyond its reasonable control. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified only as much as necessary and the rest will remain effective. Headings are for convenience. Electronic notices and acceptance have the same effect as paper records and signatures. ## 21. Contact Questions or legal notices about these Terms may be sent to [legal@commish.sh](mailto:legal@commish.sh), or mailed to: Oftring Ventures LLC 1111B S Governors Ave STE 34355 Dover, DE 19904 United States