Terms of Service

By accessing or using Commission Scope ("Service"), operated by Port & Starboard LLC ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all users of the Service, including agency administrators, producers, and any other authorized users.

Commission Scope is a cloud-based commission management platform designed for insurance agencies. The Service provides:

• AI-powered commission statement processing and data extraction
• Policy matching and commission calculation
• Producer split management and payout generation
• Analytics, reporting, and audit trail capabilities
• API access and integration services when included in a written agreement or custom implementation scope
• Operator-facing producer management and payout detail; separate producer self-service access is not included unless expressly agreed

Account Creation

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Security Responsibilities

• Use strong, unique passwords
• Enable multi-factor authentication when available
• Immediately notify us of any unauthorized access
• Do not share account credentials with unauthorized parties

Subscription Plans

The Service is offered through various subscription plans with different features and pricing. Current plans and pricing are available on our website and may change with notice.

Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• Payment is due upon invoice or as specified in your subscription agreement
• All fees are non-refundable except as specified in these Terms or required by law
• We may change pricing with 30 days' notice before your next billing cycle

Pilot or Evaluation Access

If you are using the Service under a pilot, evaluation, or trial agreement, the written agreement controls the evaluation period, permitted data, and any fees. Pilot or evaluation access does not automatically convert into a paid subscription unless the parties agree to that conversion in writing.

You agree to:

• Use the Service only for lawful business purposes
• Provide accurate data and maintain data quality
• Comply with all applicable laws and regulations, including insurance industry regulations
• Respect the intellectual property rights of others
• Not attempt to gain unauthorized access to the Service or its systems
• Not interfere with or disrupt the Service or servers
• Not use the Service to transmit malicious code or content

Your Data

You retain all ownership rights to the data you upload to the Service ("Customer Data"), including commission statements, policy information, producer data, and related records. We do not claim ownership of your Customer Data.

License Grant

By uploading Customer Data, you grant us a limited license to process, store, and analyze the data solely to provide the Service and improve our AI extraction capabilities. This license does not permit us to sell your data or use it for unrelated purposes.

Our Intellectual Property

The Service, including its software, algorithms, user interface, documentation, and all related intellectual property, remains our exclusive property. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service.

AI-Assisted Extraction

The Service uses artificial intelligence to extract data from commission statements. While we strive for high accuracy, AI processing may produce errors. You are responsible for reviewing extracted data and verifying accuracy before relying on it.

No Guarantee of Accuracy

We do not guarantee 100% accuracy in data extraction, policy matching, or commission calculations. The Service is a tool to assist your commission processing, not a replacement for human review and verification.

Availability

We monitor the Service and use reasonable operational practices to maintain availability, but we do not guarantee uninterrupted access or a specific uptime level unless a separate written agreement or SLA says otherwise. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

Support

Support is provided according to your subscription plan. We will make reasonable efforts to respond to support requests within the timeframes specified for your plan.

We will treat your Customer Data as confidential and will not disclose it to third parties except as necessary to provide the Service, as required by law, or with your consent. Our confidentiality obligations are further detailed in our Privacy Policy.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR LOSSES RESULTING FROM ERRORS IN AI EXTRACTION, CALCULATION, OR ANY DECISIONS MADE BASED ON SERVICE OUTPUT

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws
• Any claims by third parties related to your Customer Data

By You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period.

By Us

We may suspend or terminate your access to the Service if:

• You violate these Terms
• Your payment is overdue
• Your use poses a security risk to the Service or other users
• We are required to do so by law

Effect of Termination

Upon termination, your right to use the Service ends immediately. We will retain your data for 30 days to allow you to export it, after which it will be deleted in accordance with our data retention policies.

We may modify these Terms at any time. We will notify you of material changes at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations.

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.

For questions about these Terms, please contact us: