PerformaMatch, Inc.

Terms of Service

Updated January 12, 2026

By using this website, including the service (described below) contained on PerformaMatch's website (the "Platform"), you (the "User") accept these Terms of Use ("Terms"). These Terms are a binding agreement governing use of the Platform between User and PerformaMatch, including any subsidiary, related, and affiliated companies (whether individually or collectively). By using this Platform, User acknowledges and agrees to these Terms. If User does not acknowledge and agree to the Terms, User must discontinue use immediately. Continued use of the Platform signifies User's continued acceptance of the Terms and any changes to them. Changes may be made by posting a revised version on our website.

1. Services

PerformaMatch, the Platform, allows users to upload audition and casting-related video content for viewing by casting directors, producers, agents, and other industry professionals. PerformaMatch does not participate in the provision of advice or the creation of the content of any videos posted, nor the safety, quality, accuracy, reliability, integrity or legality of any posts by other users.

2. Age Restriction

You must be at least 16 years of age to create an account or use the Platform. Users between the ages of sixteen (16) and eighteen (18) must review the Terms with a parent or legal guardian. The parent or legal guardian must consent to your use of the Platform.

3. Account Security

You are responsible for all activities that occurs on your account, including any unauthorized activity. You must take all reasonably necessary steps to protect your account credentials. If there is authorized access to your account that you become aware of, you must notify PerformaMatch immediately.

For each piece of content that you submit to or through the Platform, you represent and warrant that:

  • You have the right to submit the content to PerformaMatch and grant the licenses herein;
  • PerformaMatch will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
  • You have obtained appropriate releases (if necessary) from all persons who appear in the content;
  • The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
  • The content complies with this Agreement and all applicable laws.

5. Indemnification

You will indemnify, defend, and hold harmless PerformaMatch and its subsidiaries, parents, and affiliates, and their respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

6. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) PERFORMAMATCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF PERFORMAMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) PERFORMAMATCH'S TOTAL LIABILITY TO YOU, EXCEPT FOR PERFORMAMATCH'S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PERFORMAMATCH OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.

7. Subscription Plans

PerformaMatch is a web-based platform enabling actors and performing artists to connect with industry professionals and find auditions that match their qualifications. PerformaMatch is a monthly subscription service that offers varying features, usage limits, and pricing, as described on the Platform. Fees are charged in advance, monthly, on a recurring basis and are non-refundable except as expressly stated in these Terms or required by law. PerformaMatch reserves the right to modify subscription fees or introduce new pricing structures upon reasonable advance notice.

7.1. Payment Methods

PerformaMatch accepts payment through authorized third-party payment processors. By providing a payment method, you authorize PerformaMatch to charge all applicable fees, taxes, and renewals to the designated payment method. You are responsible for maintaining accurate and up-to-date billing information. Failure to process payment may result in suspension or termination of access to the Platform.

7.2. Free Trial

PerformaMatch may, at its discretion, offer free trials or promotional access to certain subscription plans. Unless otherwise stated, free trials automatically convert to a paid subscription at the end of the trial period, and your payment method will be charged accordingly.

You may cancel a free trial at any time before the trial period ends to avoid being charged. PerformaMatch reserves the right to limit eligibility for free trials and to modify or terminate free trial offers at any time.

7.3. Refund Policy

Where required by applicable law, all subscription fees are non-refundable, including for partially used billing periods, downgrades, or unused features. If PerformaMatch materially fails to provide the core functionality of the subscribed service, you may contact support to request a review. Any refunds or credits are issued at PerformaMatch's sole discretion.

7.4. Autorenewal

Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. By enrolling in a subscription plan, you expressly authorize PerformaMatch to charge the applicable subscription fees, taxes, and any other charges to your designated payment method on a recurring basis without further notice.

7.5. Cancellation

You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of the current billing period, and you will retain access to the subscribed services until that time. No refunds or credits will be issued for partial billing periods, except where required by applicable law.

PerformaMatch will provide a clear and conspicuous notice of subscription terms, pricing, and cancellation instructions prior to purchase, and will send confirmation of subscription enrollment and renewal terms following sign-up.

Your profile and any information you have uploaded may remain on the Platform unless you specifically request to delete it immediately.

8. Acceptable Use

PerformaMatch may allow you to create, upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). Your content, and your conduct must comply with the herein Acceptable Use terms. PerformaMatch may, but is not obligated to, monitor your account, content, and conduct, regardless of your privacy settings. PerformaMatch may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use terms. If you see any content you believe does not comply with this Agreement, you can report it to PerformaMatch.

9. User-Generated Content

User-generated content ("UGC") shall belong to the User. However, User acknowledges and agrees that UGC may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by PerformaMatch in the case of those over the age of eighteen (18).

10. Restricted Use

You may not submit any content that:

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Is sexually explicit or promotes a sexual service;
  • Is defamatory;
  • Is harassing or abusive;
  • Contains hateful or discriminatory speech;
  • Promotes or supports terror or hate groups;
  • Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
  • Exploits or endangers minors;
  • Depicts or encourages self-harm or suicide;
  • Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
  • Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause individual or public harm;
  • Contains false or misleading information about voting or seeks to obstruct voting;
  • Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
  • Violates any applicable law.

11. Code of Conduct

In using the Platform, you may not:

  • Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
  • Act in a deceptive manner or impersonate any person or organization;
  • Harass or stalk any person;
  • Harm or exploit minors;
  • Distribute "spam" in any form or use misleading metadata;
  • Collect personal information about others without their authorization;
  • Access another's account except as permitted herein;
  • Use or export any of our Services in violation of any U.S. law;
  • Except as permitted by us in writing, act in a manner that would subject PerformaMatch to industry-specific privacy;
  • Engage in any unlawful activity;
  • Embed our video player on or provide links to sites that contain content prohibited by this Agreement;
  • Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; or
  • Cause or encourage others to do any of the above.

12. Prohibited Technical Measures

You agree to not take any of the following measure:

  • Access, download, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Platform or any content except as expressly authorized by the Platform or with our prior written permission;
  • Access the Platform using any automated means (such as robots, botnets, or scrapers);
  • Attempt to circumvent any of our security, rate-limiting, filtering, digital rights management measures, or other access restrictions;
  • Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in any output thereof without our permission;
  • Submit any malicious program, script, or code;
  • Submit an unreasonable number of requests to our servers; or
  • Take any other actions to manipulate, interfere with, or damage our Platform.

13. Restricted Users

Use of the Platform is prohibited by those who are:

  • a terror or hate group or a member thereof;
  • have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National); or
  • are subject to sanctions by a non-U.S. government such that we would be required to block your videos in a substantial number of countries in which we provide service.

You may not purchase goods or software services from us if doing so would violate any U.S. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.

14. Platform Only Disclaimer

The Platform is solely an administrative tool for connecting users. It does not act as an agent, employer, or talent agency for any performers or clients. PerformaMatch does not employ performers, negotiate contracts, salaries, work hours, or any other terms of engagement. PerformaMatch disclaims all liability for the outcome or consequences of any agreements, employment decisions, or interactions made between users (performers and clients). Users engage with each other at their own discretion and risk.

15. Accessibility

PerformaMatch provides means to allow you to include closed captioning in your videos. If required by applicable law, you must provide closed captioning in your videos.

PerformaMatch endeavors to make its platform reasonably accessible to individuals with disabilities and to conform, where practicable, with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). However, PerformaMatch does not guarantee that all features or third-party integrations will be fully accessible at all times.

16. Licenses to PerformaMatch Granted by You

You own and will retain ownership of all intellectual property rights in and to the content you submit to PerformaMatch. In order to allow PerformaMatch to host and stream your content, you grant PerformaMatch permissions to:

  • Stream the video to end users;
  • Embed the video on third-party websites;
  • Distribute the video via our APIs;
  • Make the video available for download;
  • Transcode the video (create compressed versions of your video file that are optimized for streaming);
  • Generate stills (i.e., "thumbnails") from your video to represent it (if you have not selected one);
  • Automatically generate and display summaries, chapters, closed captions, and subtitles from your video; and
  • Alter or enhance your video as directed by you.

You may enable a video privacy setting or disabled downloading or embedding, and we will limit distribution of your video pursuant to your selection. The license period begins when you submit the video to PerformaMatch and ends when you or PerformaMatch delete it; provided that PerformaMatch may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when PerformaMatch in good faith believes that it is legally obligated to do so. You grant PerformaMatch permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. PerformaMatch shall have the right to identify public profiles in its marketing and investor materials.

Licenses (1) are non-exclusive, worldwide, and royalty-free; (2) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (3) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called "moral rights" that you may have. Nothing in this Agreement shall be deemed a license "condition" applicable to PerformaMatch; rather, any breach of a term by PerformaMatch hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant.

17. Choice of Law

Any dispute arising out of or relating to this Agreement or your use of our Services will be governed by the laws of New York State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.

18. Reservation of Rights and Severability

PerformaMatch reserves all rights not expressly granted herein. PerformaMatch's rights and remedies are cumulative. No failure or delay by PerformaMatch in exercising any right will waive any further exercise of that right. Except if any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.

19. Force Majeure

PerformaMatch will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within PerformaMatch's reasonable control, whether or not foreseeable (each a "force majeure event"). In the event of a force majeure event, PerformaMatch shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.

20. Entire Agreement

This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except herein or in a document executed by authorized representatives of PerformaMatch. If you have a signed agreement with PerformaMatch, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

21. Addenda

This Agreement incorporates the following documents (and no others) by reference:

  • Privacy Policy

22. Notices

22.1. Notice to PerformaMatch

All legal notices or other formal communications to PerformaMatch must be sent in writing to:

PerformaMatch, Inc. Attn: Legal Department
Forest Friends Innovation Studio Inc. 1007 North Orange St 4th floor Wilmington, Delaware, 19801 United States
Email: legal@performamatch.com

Notices will be deemed received upon actual receipt by PerformaMatch.

22.2. Notice to Users

PerformaMatch may provide notices to you by email to the address associated with your account, through in-app notifications, or by posting notices on the Platform.

Electronic notices will be deemed given when sent or posted, regardless of whether you actually read them.

By using the Platform, you consent to receive all communications, notices, agreements, and disclosures electronically. You agree that electronic communications satisfy any legal requirement that such communications be in writing.