Terms of Service

1. Agreement to Terms

By accessing or using CommishHub at commishhub.app (the "Service"), operated by FMR Digital LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Eligibility

• You must be at least 18 years old to create a commissioner account or pay for a subscription.
• You must be at least 13 years old to create a participant account.
• By using the Service, you represent that you meet these age requirements.

3. Amusement-Only Platform

4. Account Types & Responsibilities

4.1 Commissioners

• Commissioners create and manage pools, set pool rules and formats, manage participants, enter game scores, and administer their pools.
• Commissioners are responsible for the conduct of their pools and for ensuring their pools comply with applicable laws in their jurisdiction.
• Commissioners who enable pool dues are the merchant of record for those transactions via their Stripe Connect account.

4.2 Participants

• Participants join pools via invite code or public link and submit picks before the designated lock time.
• Participation is always free (no platform charge). Pool dues, if any, are set and collected by the commissioner.

5. Subscriptions & Billing

• Commissioner subscriptions are billed per season, per sport, via Stripe.
• Pricing tiers and feature limits are described on our Pricing page and may change with notice.
• Subscriptions are non-refundable once a season has started, except where required by applicable law.
• We may offer promotional pricing (e.g., early-bird discounts) at our discretion. Promotional terms will be disclosed at the time of offer.
• You may manage your subscription through the Stripe billing portal accessible from your dashboard.

6. Pool Dues (Stripe Connect)

• Commissioners may optionally collect Pool Dues from participants via Stripe Connect.
• The commissioner is the merchant of record. CommishHub collects a 5% software service fee on each dues transaction. This fee is consideration for use of the platform and is not a commission, rake, or share of any prize pool.
• CommishHub is not a bank, money services business, or money transmitter. All payment processing is performed by Stripe, Inc. pursuant to Stripe's terms of service. CommishHub does not hold participant funds.
• By enabling Pool Dues, the commissioner represents and warrants that collecting such fees complies with all applicable federal, state, and local laws in their jurisdiction.
• CommishHub reserves the right to suspend or disable Pool Dues collection on any pool if we reasonably believe such collection violates applicable law or Stripe's terms of service.
• Disputes over Pool Dues are between the commissioner and participant. CommishHub will cooperate with Stripe's dispute resolution process but is not liable for refunds or chargebacks on connected accounts.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose, including illegal gambling or wagering.
• Attempt to manipulate scores, standings, or other pool data.
• Impersonate another user or misrepresent your identity.
• Use automated scripts, bots, or scrapers to interact with the Service.
• Harass, threaten, or abuse other users through pick reasoning, pool names, or any other user-generated content.
• Interfere with or disrupt the Service or its infrastructure.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.

We reserve the right to suspend or terminate accounts that violate these terms.

8. Intellectual Property

• The CommishHub name, logo, design, and software are the property of FMR Digital LLC.
• Game schedules displayed on the Service are factual data sourced from publicly available information and third-party APIs.
• CommishHub is not affiliated with, endorsed by, licensed by, or sponsored by any professional or collegiate sports league, team, or players' association, including but not limited to the NFL, NCAA, NBA, MLB, NHL, MLS, or any of their member teams. Team names, abbreviations, and identifying information are used solely for the purpose of identifying matchups within user-created pools, consistent with nominative fair use principles.
• You retain ownership of content you create (pick reasoning notes, pool names). By submitting content, you grant us a license to display it within the Service to other pool members.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FMR DIGITAL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO (A) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, (B) EITHER PARTY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, (C) FMR DIGITAL LLC'S OBLIGATIONS UNDER APPLICABLE DATA PROTECTION LAWS, OR (D) CLAIMS ARISING FROM A PARTY'S BREACH OF CONFIDENTIALITY OBLIGATIONS.

11. Indemnification

You agree to indemnify and hold harmless FMR Digital LLC, its officers, and agents from any claims, damages, or expenses (including attorney fees) arising from your use of the Service, your violation of these Terms, or any private arrangements you make with other users outside the platform. FMR Digital LLC shall indemnify you against third-party claims alleging that the Service itself (excluding user-generated content and commissioner-configured pool settings) infringes a third party's intellectual property rights.

12. Termination

• You may close your account at any time by contacting us.
• We may suspend or terminate your account for violations of these Terms, with or without notice.
• Upon termination, your right to use the Service ceases immediately. Data retention is governed by our Privacy Policy.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. FMR Digital LLC will pay all AAA filing and arbitration fees for claims under $10,000. Before initiating arbitration, both parties agree to attempt informal resolution by contacting [email protected] for at least 30 days. Either party may bring an individual action in small claims court as an alternative to arbitration. Either party may seek injunctive relief in a court of competent jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. We will notify registered users of material changes via email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us at:

FMR Digital LLC
Email: [email protected]