Terms of Service
Last Updated: September 23, 2026
These Terms of Service (“Terms”) govern your access to and use of CommsOpen, including our websites, applications, dashboards, artist pages, software, and related services (collectively, the “Service”).
CommsOpen (“CommsOpen,” “we,” “us,” or “our”) operates the Service.
By creating an account, accepting these Terms, purchasing a subscription, or otherwise accessing or using the Service, you agree to be bound by these Terms and acknowledge that you have read our Privacy Policy.
If you do not agree to these Terms, you may not use the Service.
1. Eligibility
You must be at least 13 years old to use the Service.
If you are under the age of majority where you live, you may use the Service only with the permission of your parent or legal guardian.
By using the Service, you represent that:
- you are at least 13 years old;
- if you are under the age of majority where you live, your parent or legal guardian has permitted you to use the Service;
- you are not prohibited by applicable law from using the Service; and
- the information you provide to us is accurate and complete.
If you are a parent or legal guardian permitting a minor to use the Service, you agree to these Terms on the minor’s behalf and hold yourself responsible for any and all activity conducted by the minor to the extent permitted by applicable law.
The Service is not intended for children under 13.
2. Accounts
Certain features of the Service require an account.
You are responsible for:
- maintaining the confidentiality and security of your account and authentication credentials;
- maintaining accurate and current account information;
- activity occurring through your account; and
- notifying us promptly if you believe your account has been accessed or used without authorization.
You may not share account credentials in a manner intended to circumvent account, seat, subscription, or usage limits.
We may require verification of your email address, identity, age, or other account information where reasonably necessary to protect the Service, protect other users, or comply with applicable law.
3. Organizations
The Service may allow Users to create or join organizations, studios, teams, or other shared workspaces (“Organizations”).
If you create or administer an Organization, you represent that you have authority to act on behalf of that Organization.
Organization owners and administrators may be able to:
- invite or remove members;
- manage roles and permissions;
- access information stored within the Organization;
- manage subscriptions and billing;
- access activity associated with Organization members; and
- transfer or reassign resources within the Organization.
Information associated with an Organization may be accessible to authorized members of that Organization according to their permissions.
You are responsible for ensuring that your Organization and its members comply with these Terms.
4. The Service
CommsOpen provides tools intended to help artists, studios, and other creative professionals manage commission-related business activities.
Features may include:
- clients and contacts;
- commissions and workflows;
- products and pricing;
- payment and transaction records;
- expenses;
- time tracking;
- calendars and reminders;
- artist profiles and public artist pages;
- analytics and reports;
- Organization and team workflows; and
- related business information.
Features may be added, changed, limited, or discontinued over time.
Subject to your compliance with these Terms, CommsOpen grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your personal or internal business purposes.
No rights are granted except as expressly provided in these Terms.
5. User Content and Client Data
5.1 User Content
“User Content” means information, files, artwork, images, text, records, links, notes, and other material that you submit to, upload to, publish through, or create using the Service.
You retain ownership of your User Content.
These Terms do not transfer ownership of your User Content to CommsOpen.
5.2 License to Operate the Service
You grant CommsOpen a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, process, display, and otherwise use your User Content only as reasonably necessary to:
- provide and operate the Service;
- display content you choose to make public;
- provide integrations you request;
- perform backups and disaster recovery;
- provide support;
- prevent and investigate fraud, abuse, and security incidents;
- comply with applicable law; and
- enforce these Terms.
This license ends when the relevant User Content is deleted from our systems, except where continued retention is reasonably necessary for backups, security, legal compliance, dispute resolution, or other purposes described in our Privacy Policy.
We may use information that has been aggregated or de-identified so that it can no longer reasonably identify an individual to operate, analyze, and improve the Service.
5.3 Client Data
“Client Data” means information that you store in the Service about your clients, customers, collaborators, referrals, or other third parties.
Client Data may include:
- names;
- contact information;
- usernames and platform identities;
- commission history;
- payment records;
- birthdays;
- referral information;
- notes;
- labels; and
- other information you choose to record.
You are responsible for Client Data that you submit to the Service.
You represent that:
- you have a lawful basis and any required permission to collect, use, and provide Client Data to CommsOpen;
- your collection and use of Client Data complies with applicable law;
- you will provide any privacy notices required by applicable law;
- you will honor applicable privacy rights relating to Client Data; and
- you will not direct CommsOpen to process Client Data unlawfully.
Where applicable law treats CommsOpen as a processor or service provider acting on your behalf, we will process Client Data according to your instructions and our agreement with you.
5.4 Sensitive Information
Unless a feature specifically requests it, you should not use the Service to store:
- passwords or authentication credentials;
- full payment card numbers;
- bank account credentials;
- Social Security numbers or similar government identification numbers;
- private cryptographic keys;
- highly sensitive medical information; or
- other information for which the Service was not designed.
You are responsible for determining what information is appropriate to store in free-form fields such as notes.
6. Public Artist Pages and Public Content
Certain features may allow you to publish artist profiles, links, images, products, commission information, or other User Content publicly.
You control which information you choose to make public through available settings.
Information you publish publicly may:
- be viewed by anyone;
- be copied or shared by others;
- appear in search engines;
- remain temporarily available in caches or archives after deletion; and
- be accessible outside CommsOpen.
You are responsible for ensuring that you have the rights necessary to publish your User Content.
We may remove, restrict, or disable access to public content that violates these Terms, applicable law, or the rights of another person.
7. Artist and Client Relationships
Unless we expressly state otherwise for a particular feature, CommsOpen is not a party to agreements or transactions between artists and their clients.
CommsOpen does not guarantee:
- that a client will make payment;
- that an artist will complete or deliver a commission;
- the quality, legality, or suitability of artwork or services;
- the accuracy of information provided by an artist or client;
- the outcome of a chargeback, dispute, cancellation, or refund; or
- the enforceability of an agreement between an artist and their client.
You are responsible for your relationships, contracts, transactions, communications, and disputes with your clients and other third parties.
Information entered into CommsOpen indicating that a payment occurred is a record supplied by you and does not necessarily mean that CommsOpen processed, received, verified, or guaranteed that payment.
8. Financial, Tax, and Business Information
CommsOpen may provide tools for recording or analyzing:
- revenue;
- payments;
- expenses;
- fees;
- time;
- profitability;
- taxes; and
- other business information.
CommsOpen is not an accounting firm, tax preparer, financial adviser, law firm, or fiduciary.
The Service does not provide accounting, tax, legal, investment, or financial advice.
Reports, calculations, exports, summaries, and analytics generated by the Service may contain errors or depend on information supplied by you.
You are responsible for reviewing information for accuracy before relying on it, filing tax returns, making financial decisions, or providing information to an accountant, attorney, government agency, or other third party.
You should maintain independent copies of records that you are legally required to retain.
9. Subscriptions and Billing
CommsOpen may offer free and paid plans.
The features, limits, prices, billing interval, seat charges, and other terms applicable to a paid plan will be disclosed before purchase.
Unless otherwise stated, prices do not include applicable taxes.
If you are under 18, you may purchase a paid subscription only with the permission of your parent or legal guardian and using a payment method that you are authorized to use.
9.1 Recurring Subscriptions
Paid subscriptions may renew automatically on a monthly, annual, or other recurring basis disclosed before purchase.
By purchasing an automatically renewing subscription, you authorize CommsOpen and our payment processor to charge the applicable subscription fees and taxes to your selected payment method at the beginning of each billing period until you cancel.
We will disclose material subscription and renewal terms and obtain any consent required by applicable law.
9.2 Cancellation
You may cancel an online subscription through the available account or billing settings.
Cancellation prevents future renewal charges.
Unless otherwise required by applicable law, cancellation takes effect at the end of your current paid billing period and you may continue using paid features until that date.
Deleting the application, closing your account, closing a browser window, or ceasing to use the Service does not automatically cancel a paid subscription unless the Service expressly states otherwise.
9.3 Refunds
Except where required by applicable law or expressly stated otherwise at purchase, subscription payments are non-refundable and we do not provide prorated refunds or credits for unused portions of a billing period.
Nothing in this section limits any refund or cancellation right that cannot legally be waived.
9.4 Price Changes
We may change subscription prices.
If a price change affects an existing recurring subscription, we will provide any notice required by applicable law before the new price takes effect.
9.5 Payment Processing
Payments for CommsOpen subscriptions may be processed by a third-party payment processor.
We generally do not receive or store your complete payment card number.
Payment processors may process information according to their own terms and privacy policies.
10. Third-Party Services
The Service may depend on or interact with third-party services, including providers of:
- authentication and identity management;
- hosting and cloud infrastructure;
- payment processing;
- email and communications;
- analytics and monitoring;
- calendars;
- social platforms;
- marketplaces; and
- other integrations.
If you choose to connect a third-party service, you authorize CommsOpen to exchange information with that service as necessary to provide the integration you request.
Third-party services are operated by their respective providers and may be subject to separate terms and privacy policies.
CommsOpen does not control and is not responsible for:
- the availability or operation of third-party services;
- changes made by third-party providers;
- third-party security or privacy practices;
- content provided by third parties; or
- losses caused by your use of a third-party service.
A reference or link to a third-party service does not imply endorsement or affiliation.
11. Acceptable Use
You may not use or attempt to use the Service to:
- violate applicable law or regulation;
- violate another person’s intellectual property, privacy, publicity, contractual, or other legal rights;
- upload or distribute malware, malicious code, or content intended to damage or interfere with systems;
- gain unauthorized access to accounts, systems, networks, or data;
- probe, scan, or test vulnerabilities without authorization;
- circumvent security, authentication, usage, subscription, or access controls;
- interfere with or disrupt the Service or place an unreasonable load on our infrastructure;
- scrape, crawl, harvest, or automatically extract information from the Service except through functionality or APIs that we expressly authorize;
- impersonate another person or Organization or misrepresent your affiliation with one;
- engage in fraud, phishing, spam, deceptive practices, or abusive conduct;
- distribute unlawful, defamatory, threatening, or harassing material;
- distribute non-consensual intimate imagery or material depicting sexual exploitation or abuse;
- upload sexual content involving minors or otherwise exploit or endanger minors;
- collect, use, or disclose another person’s personal information unlawfully;
- sell, sublicense, rent, or commercially redistribute access to the Service except as expressly authorized; or
- assist another person in doing any of the above.
We may investigate suspected violations and may restrict or terminate access where reasonably necessary to protect the Service, CommsOpen, our Users, or other people.
12. CommsOpen Intellectual Property
Except for User Content, CommsOpen and its licensors retain all right, title, and interest in the Service, including its:
- software;
- designs;
- interfaces;
- branding;
- documentation;
- graphics;
- logos; and
- other materials.
Nothing in these Terms grants you ownership of CommsOpen intellectual property.
You may not copy, modify, distribute, sell, license, reverse engineer, or create derivative works of the Service except to the extent expressly permitted by CommsOpen or applicable law.
Third-party names, trademarks, and logos remain the property of their respective owners.
13. Feedback
If you provide suggestions, ideas, feature requests, bug reports, or other feedback about CommsOpen (“Feedback”), you grant CommsOpen a worldwide, perpetual, irrevocable, royalty-free right to use, modify, incorporate, publish, and otherwise use that Feedback without restriction or compensation.
This section does not grant CommsOpen ownership of your User Content or Client Data.
14. Copyright Complaints
We respect intellectual property rights and expect Users to do the same.
If you believe material available through the Service infringes your copyright, you may contact us at:
Email: legal@commsopen.app
Your notice should include:
- identification of the copyrighted work you believe has been infringed;
- identification of the allegedly infringing material and information sufficient for us to locate it;
- your contact information;
- a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
- a statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner; and
- your physical or electronic signature.
We may remove or disable access to allegedly infringing material and may terminate accounts of repeat infringers where appropriate.
15. Beta and Pre-Release Features
We may make experimental, beta, preview, early-access, or other pre-release features available.
These features may:
- contain defects or errors;
- change substantially before general release;
- have limited support;
- result in loss or modification of data;
- be discontinued without release; or
- be subject to additional terms.
You use beta and pre-release features at your own risk.
16. Service Availability and Changes
We work to keep the Service available and reliable, but we do not guarantee uninterrupted availability.
The Service may occasionally be unavailable because of:
- maintenance;
- upgrades;
- outages;
- third-party failures;
- security incidents; or
- circumstances outside our reasonable control.
We may modify, add, remove, suspend, or discontinue features or impose reasonable usage limits.
Where a change materially affects a paid Service, we will provide notice where reasonably practicable or required by applicable law.
17. Data Export and Backups
The Service may provide functionality allowing you to export certain information.
You are responsible for maintaining independent copies of information that is important to you or that you are legally required to preserve.
Although we use safeguards and backup processes intended to protect information, no storage system is guaranteed against every form of loss, corruption, or failure.
18. Suspension and Termination
You may stop using the Service at any time.
You may request deletion of your account subject to our Privacy Policy and any information that we are permitted or required to retain.
We may suspend or terminate your access to some or all of the Service if:
- you materially violate these Terms;
- your use creates a security or legal risk;
- your use may harm another person or the Service;
- amounts due remain unpaid;
- we are required to do so by applicable law; or
- continued provision of the Service is no longer commercially or technically reasonable.
Where appropriate, we may provide notice and an opportunity to remedy a violation before termination.
Upon termination, your right to use the Service ends.
Sections that by their nature should survive termination will survive, including provisions concerning ownership, payment obligations, licenses already granted, disclaimers, limitations of liability, indemnification, and disputes.
19. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
COMMOPEN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
COMMOPEN DOES NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE;
- ALL ERRORS OR DEFECTS WILL BE CORRECTED;
- DATA WILL NEVER BE LOST;
- REPORTS OR CALCULATIONS WILL ALWAYS BE ACCURATE;
- THIRD-PARTY SERVICES WILL REMAIN AVAILABLE; OR
- THE SERVICE WILL MEET EVERY PARTICULAR BUSINESS, ACCOUNTING, TAX, OR LEGAL REQUIREMENT.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMOPEN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMOPEN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID TO COMMOPEN DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF COMMOPEN HAS BEEN ADVISED THAT DAMAGES ARE POSSIBLE.
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CommsOpen and the people involved in operating the Service from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from or relating to:
- your use or misuse of the Service;
- your User Content or Client Data;
- your violation of these Terms;
- your violation of applicable law;
- your violation of another person’s rights;
- your collection, use, or disclosure of Client Data;
- disputes between you and your clients or other third parties; or
- actions taken through your account.
This obligation does not apply to the extent a claim results from CommsOpen’s unlawful conduct where indemnification is prohibited by applicable law.
22. Governing Law
These Terms and your use of the Service are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
Nothing in these Terms limits any mandatory consumer rights or protections that cannot lawfully be waived under applicable law.
23. Dispute Resolution
Before filing a formal legal proceeding, you and CommsOpen agree to make a reasonable good-faith effort to resolve the dispute informally.
You may contact us at legal@commsopen.app with a description of the dispute.
Except where applicable law provides otherwise, any judicial proceeding arising out of or relating to these Terms or the Service will be brought in the state or federal courts located in San Francisco County, California.
You consent to personal jurisdiction and venue in those courts.
24. Changes to These Terms
We reserve the right to modify these Terms of Service at any time.
If we make material changes, we may provide notice through the Service, by email, or through another reasonable method where required by applicable law.
The “Last Updated” date at the top of these Terms indicates when they were most recently revised.
Your continued use of the Service after revised Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires another form of consent.
25. General Provisions
Severability
If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted by applicable law and the remaining provisions will remain in effect.
Waiver
The failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Assignment
You may not assign or transfer these Terms without our prior written consent.
We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, transfer of the Service, or operation of law.
Force Majeure
We are not responsible for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, internet or telecommunications failures, power outages, labor disputes, governmental actions, war, civil unrest, or failures of third-party infrastructure.
Electronic Communications
You agree that notices, disclosures, agreements, and other communications relating to the Service may be provided electronically, including through the Service or by email.
Entire Agreement
These Terms, as amended from time to time, together with our Privacy Policy and any additional terms or policies expressly incorporated into these Terms, constitute the entire agreement between you and CommsOpen with respect to your use of the Service. They supersede any prior agreements, communications, or proposals, whether oral or written, between you and CommsOpen.
25. Contact
Questions about these Terms may be sent to: