Commish

Terms of Service

Last Updated: January 2025

1. Agreement to Terms

By accessing or using Commish (getcommish.io) and our sales compensation platform, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access our service.

2. Description of Service

Commish provides a sales compensation platform for sales teams. Our service includes:

  • Commission calculation and tracking dashboards
  • Expense management and approval workflows (add-on)
  • Deal management and approval workflows
  • Reporting and export functionality
  • Related support and documentation

3. Service Engagement

Project-Based Services

Commish services are provided on a project basis. Each engagement includes:

  • Custom configuration of the platform for your compensation plan
  • Deployment to your designated hosting environment
  • Training and documentation
  • A defined support period as outlined in your proposal

Pricing and Payment

  • Pricing is provided in your specific proposal or agreement
  • Payment terms: 50% deposit to begin work, 50% upon completion
  • All fees are non-refundable once work has commenced

4. Your Responsibilities

You agree to:

  • Provide accurate information about your compensation plans and requirements
  • Respond to requests for information in a timely manner
  • Ensure authorized users comply with these terms
  • Maintain the confidentiality of your account credentials
  • Not use the service for any unlawful purpose

5. Accounts and Access

Account Creation

  • You must provide accurate and complete information
  • You are responsible for maintaining account security
  • You must notify us immediately of any unauthorized access

User Types

  • Admins: Full access to configure settings, manage users, approve deals and expenses
  • Admin Read Only: View all data, no editing capabilities
  • Finance: View all data, mark payments as paid
  • Users: Access to personal dashboard, deal/expense submission, and assigned features

6. Data and Ownership

Your Data

  • You retain ownership of all data you input into the platform
  • You grant us a limited license to process your data solely to provide the service
  • We do not claim ownership of your compensation plans, deal data, or business information

Platform Ownership

  • Commish owns all rights to the platform, software, and documentation
  • You receive a license to use the platform, not ownership of the code
  • You may not copy, modify, distribute, or reverse engineer the platform

7. Confidentiality

Both parties agree to:

  • Keep confidential information private
  • Use confidential information only for purposes of this agreement
  • Not disclose confidential information to third parties without consent

Confidential information includes: compensation plans, commission rates, deal data, expense data, and business strategies.

8. Warranties and Disclaimers

What We Warrant

  • The platform will perform substantially as described
  • We will provide the services with reasonable skill and care
  • We will address bugs reported during your support period

Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • The service will be uninterrupted or error-free
  • Defects will be corrected outside of your support period
  • The service will meet all of your specific requirements

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMISH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Commish from any claims, damages, or expenses arising from:

  • Your use of the service
  • Your violation of these terms
  • Your violation of any third-party rights

11. Term and Termination

Project Completion

  • Services conclude upon delivery and acceptance of the platform
  • Post-project support is limited to the period specified in your proposal

Termination for Cause

Either party may terminate if the other:

  • Materially breaches these terms and fails to cure within 30 days
  • Becomes insolvent or files for bankruptcy

Effect of Termination

  • Your license to use the platform continues after project completion
  • We will provide reasonable assistance to export your data
  • Provisions that should survive termination will remain in effect

12. Hosting and Infrastructure

  • The platform runs on your own Vercel and Supabase accounts
  • You are responsible for hosting costs (approximately $30-50/month)
  • We do not have ongoing access to your instance unless you grant it

13. Support

During Support Period

  • Bug fixes for issues caused by our work
  • Reasonable assistance via email
  • Response within 2 business days

After Support Period

  • Additional support available via support retainer ($149/month)
  • Or hourly support at agreed rates

14. Changes to Terms

We may modify these terms at any time. We will provide notice of significant changes via email or website notice. Continued use after changes constitutes acceptance.

15. Governing Law

These terms shall be governed by the laws of the State of North Carolina, without regard to conflict of law principles.

16. Dispute Resolution

Any disputes shall be resolved through:

  1. Good faith negotiation
  2. Mediation (if negotiation fails)
  3. Binding arbitration in Charlotte, NC (if mediation fails)

17. General Provisions

  • Entire Agreement: These terms and your proposal constitute the entire agreement
  • Severability: If any provision is unenforceable, the remainder stays in effect
  • Waiver: Failure to enforce a right does not waive that right
  • Assignment: You may not assign this agreement without our consent

18. Contact

Questions about these terms? Contact us:

Email: [email protected]

By using Commish, you agree to these Terms of Service.