Terms Of Use | Sertified

Welcome to the platform operated by Sertified Media Group, LLC ("Company," "we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of our websites, mobile applications, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. ELIGIBILITY & CONSENT

You must be at least 18 years old to independently use our Services. If you are under 18, the following additional requirements apply: a. Users Under 18 (CAADCA Compliance): Users between the ages of 13 and 17 may use the Services only with verified parental or legal guardian consent. All accounts for users under 18 default to the highest privacy settings. We do not use dark patterns or manipulative design to encourage minors to share more personal data than necessary. Minor accounts are not subject to profiling or targeted advertising. b. Users Under 13 (COPPA Compliance): We do not knowingly collect personal information from children under 13 without obtaining verifiable parental consent as required by the Children's Online Privacy Protection Act (COPPA). A parent or legal guardian must complete our parental verification process before any data is collected or the account becomes active. Parents may review, request deletion of, or revoke consent for their child's data at any time by contacting support@sertified.app. c. California Minors (CCPA): Under the California Consumer Privacy Act (CCPA), we do not sell the personal information of users under 16. For users under 13, we require affirmative parental opt-in before any data sharing. Users aged 13–15 must affirmatively opt-in to any data sharing beyond the core Services. d. Age Verification: During registration, all users provide their date of birth. Accounts identified as belonging to minors are flagged and subject to enhanced protections, including mandatory parental consent verification by our administrative team before the account is activated. e. Parental Supervision: Parents and guardians are responsible for supervising their minor child's use of the Services. Parents may request a full copy of data collected about their child, request corrections, or request account deletion at any time. f. We may implement additional age verification mechanisms as required by law, including but not limited to email verification, signed digital consent forms, identity verification, or other lawful methods.

2. ACCOUNT REGISTRATION

You may need to register for an account to access certain features. You agree to provide accurate and complete information and to keep your credentials secure.

3. USER CONTENT & MODEL RELEASE

You may upload content such as headshots, reels, physical characteristics (e.g., height, weight), and other personal data. By submitting such content, you grant us a worldwide, royalty-free, sublicensable, non-exclusive license to use, reproduce, distribute, display, and create derivative works for the purposes of operating, promoting, or enhancing the Services. To the maximum extent permitted by law, you waive any moral rights in your content. You represent and warrant that you own or have all necessary rights to upload any content submitted and that such content does not infringe or violate any third-party rights. Model Release and Photo/Video Sharing: a. By uploading photos and videos to the platform, you acknowledge and consent that such media may be shared with third-party casting directors, production companies, and other verified users for the purpose of evaluating your suitability for casting opportunities. b. You retain the right to remove your photos and videos at any time via the Edit Profile page, which will remove them from future distribution. c. For minor users (under 18): the parent or legal guardian provides this model release consent on the minor's behalf as part of the parental verification process. Parents may revoke this consent and request removal of all visual media at any time by contacting support@sertified.app. d. PDF comp cards generated by the platform may include your photos, physical attributes, and professional information. You consent to the generation and distribution of such materials to potential casting opportunities. You may revoke the license by deleting your account, except where retention is required by law or for legitimate business purposes.

4. DATA PRIVACY & SECURITY

We collect, store, and process user data in accordance with our Privacy Policy. This includes: • Use of secure cloud infrastructure (e.g., Firebase, Stripe) • Role-based access controls (including IT, production, casting, and security personnel) • Audit logging of access (users may request a summary of access logs related to their data) • Encryption of data in transit and at rest • Retention periods of 12–18 months for inactive accounts; 30–90 days post-deletion • In the event of a data breach affecting personal data, we will notify affected users and/or regulators in accordance with applicable law within the required timeframes • Subprocessors and third-party vendors may have access to data for the sole purpose of providing services; a current list is available upon request

5. PAYMENT PROCESSING & FINANCIAL COMPLIANCE

Payments are processed via Stripe. We do not directly store your payment credentials. All transactions are governed by Stripe's own terms of service and privacy practices. Downloading the app and creating an account are free. If you purchase a premium service and terminate your account within 30 days, you may request a pro-rated refund, unless otherwise stated in the specific feature's terms. Money Transmission: Sertified does not act as a money transmitter, bank, or financial institution. All funds are processed and held by Stripe, our third-party payment processor, in accordance with applicable state and federal money transmission laws. Sertified does not hold, pool, or transmit user funds directly. Any escrow-like features on the platform are facilitated through Stripe's infrastructure and subject to Stripe's terms of service. Tax Reporting: Users who receive payments through the platform may be subject to tax reporting requirements. If you receive $600 or more in a calendar year through the Services, we may be required to issue a Form 1099-NEC or 1099-K, as applicable, in compliance with IRS regulations. Users are solely responsible for reporting all income to the appropriate tax authorities and for any applicable taxes owed. Sertified does not provide tax advice; consult a qualified tax professional for guidance.

6. USER RIGHTS (CCPA/CPRA)

Subject to applicable law, you have the following rights regarding your personal data: a. Right to Know: You may request disclosure of the categories and specific pieces of personal information we have collected about you. b. Right to Delete: You may request deletion of your personal information, subject to legal exceptions. c. Right to Correct: You may request correction of inaccurate personal information. d. Right to Opt-Out: You may opt out of the sale or sharing of your personal information. Note: Sertified does not currently sell personal data. e. Right to Limit Use of Sensitive Data: You may limit our use of sensitive personal information (including race/ethnicity, physical characteristics, and photos) to what is necessary to provide the Services. f. Right to Non-Discrimination: We will not deny services, charge different prices, or provide a different quality of service because you exercised your privacy rights. To exercise any of these rights, you may: use the "Privacy & Data Requests" option in your app Settings, email support@sertified.app, or call 916-793-6029. We will verify your identity and respond within 45 days as required by law. For California residents, these rights are provided under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).

7. INTERNATIONAL USE

Currently, our Services are intended for U.S.-based users only. We may expand to other jurisdictions in the future. Users outside the U.S. are not authorized to use the Services unless expressly permitted. Upon international expansion, jurisdiction-specific policies and disclosures may be added. Translations may be provided for convenience, but the English version shall govern in case of discrepancies.

8. EXPORT CONTROLS

You may not use, export, or re-export the Services except as authorized by U.S. law and the laws of the jurisdiction in which you use the Services. In particular, you agree not to use the Services in any country subject to U.S. embargo or sanctions.

9. SUPPLEMENTAL POLICIES

Our Privacy Policy and any additional policies we publish, such as our Cookie Policy, Community Guidelines, or Moderation Policy, are incorporated into these Terms by reference. Your continued use of the Services constitutes agreement to those policies. We may update individual policies from time to time; material changes will be communicated through the app or via email.

10. PROHIBITED USES

You agree not to use the Services to: • Violate any applicable law or regulation • Upload content that is unlawful, harmful, abusive, defamatory, obscene, hateful, or discriminatory • Impersonate others or misrepresent your affiliation • Attempt to gain unauthorized access to our systems • Engage in fraud, phishing, or data scraping

11. THIRD-PARTY LINKS

Our Services may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of such third parties and encourage you to review their terms and policies.

12. LINKING TO THE SERVICES

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation. You must not establish a link in such a way as to suggest any form of association or endorsement without our written consent.

13. GEOGRAPHIC RESTRICTIONS

We provide the Services for use only by persons located in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access may not be legal by certain persons or in certain countries.

14. INTELLECTUAL PROPERTY

All content, trademarks, and IP on the Services are owned by or licensed to us. You may not use them without our permission.

15. MODIFICATIONS TO SERVICES

We reserve the right to modify or discontinue the Services or any features at any time, without notice. We are not liable for any modification, suspension, or discontinuation.

16. TERMINATION

We may suspend or terminate your access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to us or others. Before such action, we may provide you with a reasonable opportunity to resolve the issue, unless immediate termination is warranted. You may terminate your use of the Services at any time by deleting your account.

17. DMCA & COPYRIGHT TAKEDOWN

If you believe your copyright has been infringed, please notify us with a detailed takedown request including your contact info, a description of the copyrighted work, and the allegedly infringing material.

18. RELIANCE DISCLAIMER

Information made available through the Services, including casting listings, is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. We do not guarantee any specific outcome or casting opportunity as a result of using the Services. We do not verify or guarantee the legitimacy of posted jobs or opportunities unless explicitly stated. You assume sole responsibility for your interactions and use of content or features offered through the Services.

19. DISCLAIMERS & LIMITATION OF LIABILITY

Services are provided "as is." We disclaim all warranties to the fullest extent allowed by law. We are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

20. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services, your content, or your violation of these Terms.

21. EXPERIMENTAL FEATURES

Some features may be labeled as beta, pilot, or experimental. These features are provided "as-is," may be modified or discontinued at any time, and may not be supported. Use of these features is at your own risk.

22. INDEPENDENT CONTRACTORS & ANTI-DISCRIMINATION

Independent Contractor Status: Unless otherwise stated in a separate written agreement, all users of the platform, including those offering or applying for casting opportunities, act as independent contractors. Nothing in these Terms creates an employment, agency, or joint venture relationship. Users acting on behalf of businesses or other entities represent that they have appropriate authority. Sertified operates as a technology marketplace and does not serve as an employer, staffing agency, or talent agency. This classification is consistent with California Assembly Bill 5 (AB 5) and applicable independent contractor laws. Anti-Discrimination: Casting directors and production companies who use the platform are solely responsible for compliance with all applicable anti-discrimination laws, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and California's Fair Employment and Housing Act (FEHA). Physical characteristics collected on the platform (race, ethnicity, gender, age, body type, etc.) are provided voluntarily by users for casting matching purposes and may constitute bona fide occupational qualifications (BFOQs) recognized in the entertainment industry. Reporting: If you believe you have experienced unlawful discrimination through the platform, contact support@sertified.app immediately.

23. ELECTRONIC COMMUNICATIONS CONSENT

By creating an account and opting in to notifications, you consent to receive electronic communications from Sertified, including: a. Email: Job notifications, booking confirmations, application updates, payment receipts, platform announcements, and promotional content. You may unsubscribe from marketing emails at any time via the unsubscribe link in any email or through the Settings page. Transactional emails related to your account and active bookings will continue regardless of marketing preferences. b. SMS/Text Messages: Booking reminders, job alerts, application status updates, and account security notifications. SMS consent is obtained during the in-app notification opt-in process. You may revoke SMS consent at any time by: • Disabling SMS notifications in the Settings page • Replying STOP to any message • Contacting support@sertified.app c. Standard message and data rates may apply. Message frequency varies based on your activity. d. By providing your phone number and opting in, you confirm that you are the account holder or authorized user of the phone number provided and that you consent to receive automated text messages at that number from Sertified. This consent is not a condition of purchasing any goods or services.

24. ACCESSIBILITY

Sertified is committed to making our Services accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable accessibility standards. a. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. b. If you encounter accessibility barriers or require an accommodation, contact support@sertified.app or call 916-793-6029. c. We will make reasonable efforts to provide assistance or alternative access in a timely manner.

25. FORCE MAJEURE

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, outages, or government actions.

26. DISPUTE RESOLUTION

These Terms are governed by New York law. Any disputes shall be resolved exclusively in New York County, New York. We will select a neutral arbitration or mediation service provider, and may amend these Terms to reflect that provider once chosen. Any claim or cause of action must be brought within one (1) year after the claim arises.

27. CHANGES TO TERMS

We may update these Terms from time to time. Continued use after updates constitutes acceptance. Material changes will be notified via email or through the app when appropriate.

28. ENTIRE AGREEMENT

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding your use of the Services. They supersede all prior agreements, representations, and understandings.

29. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall remain in full force and effect.

30. SURVIVAL

The provisions of these Terms which by their nature should survive termination shall so survive, including but not limited to ownership provisions, disclaimers, indemnity, and limitations of liability.

31. CONTACT

For questions or legal requests, contact us at: support@sertified.app Sertified Media Group, LLC 1845 Clayton Ave Pittsburgh, PA 15214