Terms of Use

KemiSync, Inc. Terms and Conditions

KemiSync, Inc. Terms and Conditions

Kemisync Terms of Use

Effective Date: March 1, 2026 Last Updated: March 1, 2026

1. Acceptance of Terms

These Terms of Use ("Terms"), together with our Privacy Policy (incorporated by reference), constitute a legally binding agreement between you ("you," "User") and Kemisync, Inc., a Delaware corporation ("Kemisync," "we," "us," "our"). Affirmative Consent: Acceptance requires affirmative electronic consent, such as checking an unchecked "I Agree" box. This constitutes a binding signature under the ESIGN Act (15 U.S.C. § 7001) and UETA. Mere browsing or passive notice does not constitute agreement. If you do not agree, cease all use immediately. We may amend these Terms with 30 days' notice for material changes. Continued use constitutes acceptance.

2. Eligibility and Age Requirements

You represent that all Registration Information is accurate and you have full capacity to enter binding contracts. We reserve the right to refuse, suspend, or terminate access at our sole discretion ("at will").

3. Nature of the Services – No Talent Agency or Employment Role

Kemisync provides a neutral listing, promotional, and workflow platform. KEMISYNC IS NOT A TALENT AGENCY, EMPLOYMENT AGENCY, OR CASTING DIRECTOR. * No Guarantee of Employment: We do not procure, offer, or attempt to secure employment or bookings. Use of the Services does not guarantee auditions, representation, or work.

  • Fees: Any fees paid to Kemisync are for platform access and tools only, not for job placement services.
  • No Commissions: We take zero commission on any work found via the Platform. All negotiations, safety, and outcomes are solely between Users.

4. Minor Accounts and Safeguarding

Young Performers under 18 must have profiles managed by an Authorized Representative (parent/guardian).

  • COPPA (Under 13): We comply with the COPPA Rule (16 CFR Part 312, 2025 updates). Verifiable parental consent is obtained via FTC-approved methods (ID match, knowledge-based authentication, etc.).
  • Mandatory Reporting: In accordance with California AB 653, Kemisync adheres to mandatory reporting standards for the protection of minors in entertainment.

5. User Content, AI, and "Digital Replicas"

You retain ownership of your content but grant Kemisync a license to host and display it to provide the Services.

  • Likeness Protection: Users are strictly prohibited from using any User Content (videos, headshots, voice clips) to train, create, or supplement "Digital Replicas" or "Synthetic Performers" of another User without a separate, explicit written agreement between those parties.
  • AI Guardrails: We comply with CA AB 2013 and SB 942. We do not train external generative AI models on your content without a separate opt-in.
  • Biometric Data: By uploading video or audio, you acknowledge that we may process such data for platform functionality (e.g., search indexing). Such data is handled under our Biometric Privacy Policy and is deleted upon account termination or within 3 years of your last interaction.

6. Union and Collective Bargaining Compliance

Users (specifically Producers and Casting Directors) are solely responsible for ensuring that their use of the Platform and any resulting engagements comply with applicable collective bargaining agreements, including but not limited to SAG-AFTRA, AEA, and DGA rules. Kemisync is not a party to these agreements and assumes no liability for union-related disputes or "Global Rule One" violations.

7. User Conduct and Personal Safety

  • Prohibitions: Prohibited actions include fake profiles, "pay-to-play" scams (charging actors for auditions), harassment, scraping data for AI training, and sharing sensitive financial data.
  • Personal Safety Warning: Kemisync does not perform background checks on Users. YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY. Do not share private residential addresses for auditions. Conduct initial meetings in public, professional spaces. Report any suspicious "casting" requests to support@kemisync.com immediately.

8. Confidentiality and Casting Materials

Casting breakdowns and project details are "Confidential Materials." You may not copy, forward, or publish these materials externally. Breaches may result in immediate termination and legal action for injunctive relief.

9. Payments, Subscriptions, and Refunds

Subscriptions are auto-renewing. We provide a 14-day cooling-off period for a full refund on the first charge. Fraudulent chargebacks will result in immediate account termination and recovery of associated costs.

10. Disclaimers and Limitation of Liability

Services are provided "AS IS." We disclaim all warranties. Our total liability is limited to the greater of (a) the fees you paid us in the past 12 months, or (b) $100. We are not liable for any conduct of third parties, including talent agents or producers.

11. Dispute Resolution – Arbitration

All disputes shall be resolved through binding individual arbitration per JAMS Comprehensive Rules in Dover, DE (or virtually). Users waive their right to a jury trial or class action. You may opt out of arbitration within 30 days of account creation by writing to our Dover, DE address.