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Legal

Terms of Service

Last updated: October 20, 2026

These Terms of Service ("Terms") govern your use of the OpenPartner hosted service operated by Brightyard, Inc., operating as Coherence ("OpenPartner," "we," "us"). By signing up for or using OpenPartner, you ("Customer," "you") agree to these Terms.

If you're a partner (a creator or affiliate who promotes a brand through OpenPartner, including through the OpenPartner Network), these Terms apply to your use of OpenPartner too, except the sections on pricing, billing, refunds and Customer Data. Your commission terms are between you and the brand.

The self-hosted version of OpenPartner is licensed under MIT and is governed by that license, not these Terms.

The service

OpenPartner is a partner program platform that lets you launch attribution tracking, manage partners, and work out and record what you owe them. We provide the software, hosting, and ongoing maintenance. You provide the program — your partners, your commission terms, your customers.

Your account

  • You must be at least 18 and able to enter binding contracts.
  • You're responsible for the accuracy of account information and for keeping credentials secure.
  • You're responsible for all activity on your account.

Acceptable use

You agree not to use OpenPartner to:

  • Violate applicable law or facilitate illegal activity.
  • Run programs that involve fraud, deceptive marketing, or unsolicited spam.
  • Promote products or services prohibited under Stripe's terms.
  • Attempt to inflate clicks, conversions, or commissions through artificial means.
  • Reverse engineer, disrupt, or interfere with the service or other customers.

We may suspend or terminate accounts that violate these rules, with or without notice depending on severity.

Sanctions and export controls

OpenPartner is operated by a US company and follows US sanctions and export-control laws. Whether you use OpenPartner as a brand or as a partner, you represent and warrant that:

  • you are not located in, organized under the laws of, or ordinarily resident in Cuba, Iran, North Korea, Russia, the Crimea region of Ukraine (including Sevastopol), or the Russian-occupied areas of Ukraine's Donetsk, Luhansk, Kherson and Zaporizhzhia regions;
  • you are not named on a US government restricted-party list, such as the US Treasury's Specially Designated Nationals and Blocked Persons List or the US Commerce Department's Entity List or Denied Persons List, and you are not owned 50% or more, or controlled, by anyone who is; and
  • you won't use OpenPartner to pay or receive money from any person, country or region described above, or export, re-export or provide access to OpenPartner in violation of US export-control laws.

We check where sign-ups and sign-ins come from, may ask you to confirm where you're located, and keep records of those checks. We may refuse, suspend or end service, or decline to facilitate a payout, where we believe these restrictions apply. We may also refuse or suspend service in other countries where we choose not to operate. If anything above stops being true for you, tell us at [email protected] and stop using the service.

Partner disclosures

Partners must disclose paid relationships. Whenever a partner promotes a brand, they must clearly and conspicuously disclose their material connection to it (for example, that they earn a commission or received a free product), close to the promotion itself, as the US Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255) and similar laws elsewhere require.

  • Partners must make only truthful claims about a brand's products that they can back up.
  • Brands must require these disclosures from their partners, must not ask a partner to hide or leave them out, are responsible for the product claims they give partners to use, and should monitor how partners promote them.
  • We may remove a partner, program or Network listing that breaks these rules.

Pricing and billing

  • Pricing for hosted plans is published at openpartner.dev/pricing.
  • Subscription fees are billed monthly in advance via Stripe.
  • Usage-based fees (a percentage of partner-attributed revenue on hosted plans, and the metered fee on the Network access plan for self-hosted instances) are calculated monthly and billed in arrears.
  • Partner commissions are paid by you in full. Our fees are billed to you separately and are not deducted from partner commissions.
  • We may change pricing with at least 30 days' notice. Changes apply at the start of your next billing cycle.

Refunds and cancellation

You can cancel at any time from the dashboard. Subscription fees are non-refundable except: (a) we'll refund the most recent month if the service materially fails to work, and (b) where required by law.

Taxes

  • Our fees don't include taxes. You're responsible for any sales, use, value-added or similar taxes on them, other than taxes on our income.
  • The brand is responsible for tax reporting of payments to its partners. That includes collecting any tax forms it needs from partners (in the US, for example, Forms W-9 and W-8) and filing any information returns, such as Form 1099-NEC. OpenPartner calculates commissions and may help move the money, but the brand is the payer of its partners' commissions.
  • Partners are responsible for reporting and paying any taxes on the commissions they receive.

Your data

Customer Data (your partners, programs, click logs, identity stitches, conversion events, and commission and payout records) belongs to you. You can export it at any time in CSV, JSON, or SQL formats. The portability docs list what an export contains.

For personal data in Customer Data, you are the controller and we are your processor (your "service provider" under US state privacy laws). We will:

  • process it only to provide the service, on your documented instructions (these Terms and the settings you choose), and never sell it, share it for advertising, or use it for our own purposes;
  • make sure the people who can access it are bound by confidentiality, and protect it with appropriate security measures;
  • use only the sub-processors listed at openpartner.dev/subprocessors, under written terms that protect the data at least as well as these, and give you 30 days' notice before adding or replacing one;
  • help you respond to requests from individuals exercising their privacy rights, and with any data protection assessments you need to carry out;
  • tell you without undue delay after we become aware of a personal data breach affecting it;
  • give you the information you reasonably need to show compliance with this section; and
  • delete it when your account ends, as described below.

Our Data Processing Addendum at openpartner.dev/dpa forms part of these Terms and applies to Customer Data. It includes the standard contractual clauses and the UK Addendum for international transfers. If it and this section conflict, the DPA controls. For a countersigned copy, contact [email protected]. If we've signed a different DPA with you, it takes precedence over both. The Privacy Policy covers the personal data we control ourselves.

You are responsible for having a lawful basis for the data you send us, for any consent your website's visitors must give before the OpenPartner script stores a click ID in their browser, and for telling your customers and partners about OpenPartner in your own privacy notice.

When you close your account, you can restore it for 30 days. After that, Customer Data is permanently deleted, and copies in our database backups expire within about 7 days. Export anything you need to keep, such as commission and payout records for your own tax and accounting, before then. We keep our own financial records for 7 years and sanctions-compliance records for 10 years, as set out in the Privacy Policy.

Payouts to partners

You pay your partners. On hosted plans, OpenPartner calculates what each partner is owed and records each payout. You send the money yourself, by PayPal, bank transfer or any other method you choose, and mark the payout paid. We may help you do that, for example by keeping your partners' payout details and producing payment files you upload to your own payment provider. We don't hold, receive or send those funds, and we charge no transfer fee on them or pass any through. Any fees your payment provider charges are between you and that provider.

Where we offer payouts through Stripe Connect, partners receive them in their own Stripe Connect Standard accounts, which they control. Payment timing, verification, and supported regions are then governed by Stripe's terms in addition to ours.

The Network

Access to the OpenPartner Network is included in hosted plans at no additional fee. If you connect a self-hosted instance to the Network, the Network access plan published at openpartner.dev/pricing applies: a monthly subscription plus a fee of 3% of your payouts to partners we introduced through the marketplace. Self-recruited partners are not subject to this fee. Network participation is opt-in and can be disabled at any time without affecting the rest of your account.

Intellectual property

OpenPartner and the OpenPartner Network are owned by Brightyard, Inc. The open-source core is licensed under MIT. The hosted service, the OpenPartner brand, and Network-specific code are proprietary.

Customer Data, content you upload, and your partner programs remain yours.

Service availability

We strive for high availability but do not guarantee uninterrupted service. Maintenance windows, third-party outages (Stripe, DNS providers), or force majeure may cause downtime. Enterprise plans include SLAs.

Disclaimers

OPENPARTNER IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

Indemnification

You agree to indemnify and hold OpenPartner harmless from claims arising out of your use of the service, your partner programs, your content, or your violation of these Terms.

Termination

Either party may terminate these Terms with 30 days' notice. We may terminate immediately for material breach (acceptable use violations, non-payment after notice, etc.). Sections that by their nature survive termination — IP, data ownership, disclaimers, liability limits — survive.

Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles. Disputes will be resolved in the state or federal courts located in Delaware, except where prohibited by your local law.

Changes

We may update these Terms as the service evolves. Material changes will be announced with at least 30 days' notice via email or in-app.

Contact

Questions: [email protected].