1. Purpose and Scope

Welcome to Eljin Productions, Inc. (“Eljin,” “we,” or “us”). These Terms of Service (the “Terms”) govern your access to and use of the Eljin payment platform, including all associated web applications, APIs, and services (collectively, the “Platform”). The Platform enables publishers, producers, and authorized rights holders (“Clients”) to submit and process payments to professional audiobook performers and related service providers (“Performers”) and enables Performers to receive, track, and confirm those payments.

By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and our ACH Registration Agreement, each incorporated by reference.

1.1 Union Signatory Status. Eljin is a signatory to applicable SAG-AFTRA collective bargaining agreements covering audiobook production. As a signatory, Eljin operates in compliance with all contractual and reporting obligations of those agreements, including performer compensation, reuse, and artificial-intelligence provisions. Eljin’s signatory status applies solely to its own operations and to projects for which Eljin acts as paymaster or producer of record. Use of the Eljin Platform does not make any user or client a union signatory; all parties remain independently responsible for compliance with union, labor, and intellectual-property law.

1.2 Compliance with SAG-AFTRA Side Letter on Artificial Intelligence and Re-Use (2021, reaffirmed 2024–2028). Eljin is a SAG-AFTRA signatory and adheres to the Side Letter on Artificial Intelligence and Re-Use of Recordings incorporated into the Audiobook Agreement, originally executed in 2021 and reaffirmed for the 2024–2028 term.

Under that Side Letter, Eljin and any clients or participants using its services acknowledge and agree that:

1. Reuse Restrictions: No recorded performance may be licensed, distributed, or incorporated into any theatrical, television, advertising, or other audiovisual medium without the performer’s consent and payment consistent with applicable SAG-AFTRA minimums.
2. Synthetic Voice / Machine Learning Limitations: No recording processed through Eljin’s systems may be used in any artificial-intelligence or machine-learning process to simulate, reproduce, or manipulate a performer’s voice or spoken words for any product, service, or derivative work without the performer’s prior written consent and appropriate compensation as required by the SAG-AFTRA collective bargaining agreement.
3. Permitted Uses: Recordings may be processed by AI or automated tools solely for repair, editing, or research and development purposes directly related to audiobook post-production.
4. Dispute Resolution: Any dispute involving reuse or AI-based manipulation of covered recordings shall be resolved through the mediation and arbitration framework established under the Side Letter and the SAG-AFTRA Audiobook Agreement.

These obligations apply to all covered recordings facilitated through Eljin’s platform. Users of the platform (whether publishers, authors, or performers) agree that any acts in violation of this section are undertaken at their own risk and expense, and they shall indemnify and hold harmless Eljin from any claims arising out of unauthorized AI use, voice simulation, or reuse of union-covered recordings.

2. License and Use

Eljin grants you a limited, revocable, non-exclusive license to access and use the Platform solely for legitimate business purposes in accordance with these Terms. Unauthorized use, reverse engineering, or misrepresentation of the Platform is prohibited.

3. Account Registration

Account creation requires you to provide accurate, current, and complete information. By registering, you authorize Eljin to perform verification and compliance checks (including identity verification, union signatory confirmation, and OFAC screening) as permitted by law.

You are responsible for all activity on your account and for maintaining confidentiality of your credentials.

4. Authorized Use; Neutral Role

Eljin operates as a neutral payment facilitator and compliance service for audiobook productions covered under valid collective bargaining agreements (e.g., SAG-AFTRA, ACTRA). Eljin is not a talent agency, manager, or collection service, and does not negotiate or guarantee contracts between Clients and Performers.

You agree not to use the Platform in any manner that would misrepresent Eljin’s role or place Eljin as a fiduciary, guarantor, or intermediary between unverified parties.

5. Employment Status and Paymaster Role

1. Eljin acts solely as a payment facilitator and paymaster of record for transactions processed through the Platform and is not the employer, joint employer, or agent of any Performer, Vendor, or Client.
2. Eljin has been audited by both the California Employment Development Department and the New York State Department of Labor, each of which determined that Eljin is not the employer of individuals paid through its system.
3. Each Client remains solely responsible for the engagement, supervision, and classification of its own Vendors and Performers and for compliance with all applicable labor, tax, and employment laws.
4. When Eljin serves as paymaster for union-covered transactions, it does so only to fulfill reporting and remittance obligations required under SAG-AFTRA or ACTRA collective-bargaining agreements and not as the employer of record. All hiring, direction, and production decisions rest exclusively with the Client or Producer of record.

6. Performer (User) Responsibilities

Performers represent and warrant that:

1. They are engaged directly by a verified publisher, rights holder, or union signatory producer;
2. The engagement is covered by a valid SAG-AFTRA, ACTRA, or equivalent collective bargaining agreement, or an authorized waiver;
3. No unverified intermediary, aggregator, or third party stands between the Performer and the Client; and
4. All payment and identification data submitted are accurate and truthful.

Performers and vendors acknowledge Eljin may require verification of signatory or contractual status and may delay or decline payments until verified.

7. Client (Publisher / Rights Holder) Responsibilities

7.1 Clients represent and warrant that:

1. They are the lawful owner, licensee, or authorized administrator of all intellectual property rights for the project;
2. They, or their production partner, are verified union signatories or have obtained an official waiver;
3. All Performers and vendors have been engaged in compliance with applicable labor and union rules; and
4. All submitted project data and payee information are accurate and complete.

7.2 Union-Covered and Non-Covered Payments

Clients may use the Eljin Platform to process payments to both union and non-union vendors, provided that all payments to Performers or other individuals engaged in services covered by a collective bargaining agreement (including SAG-AFTRA or ACTRA) are made in compliance with the applicable union contract and related Side Letters.

Clients may not use the Platform to circumvent or delegate signatory obligations for such covered services. For clarity, this restriction does not apply to payments for non-covered services (such as editing, sound design, engineering, or other independent contractor work).

8. Payments and Risk

8.1 Authorization
By completing the ACH Registration, you authorize Eljin and its banking partners to credit and debit your designated account(s) for the purpose of payments, adjustments, fees, and reconciliation of overpayments or errors.

8.2 Returns, Chargebacks, and Setoff
Eljin may place reserves or holds on funds, offset against balances for chargebacks, returns, or fees, and delay payouts for fraud, compliance, or verification reasons. You agree to cooperate in resolving ACH exceptions and authorize re-debits as permitted under NACHA rules and Regulation E (for consumer accounts).

8.3 Timing and Availability
Payout timing is subject to bank cut-offs, non-business days, fraud review, and network processing times. Eljin does not guarantee same-day settlement.

9. Compliance and Verification

Eljin may conduct identity, sanctions, and union signatory verification. Eljin reserves the right to suspend, delay, or reject transactions pending review and to report suspected violations to relevant unions or regulatory authorities.

10. Intellectual Property and Confidentiality

All Platform materials are owned by or licensed to Eljin. You may not copy or distribute them.

User Content License: You grant Eljin a limited, non-exclusive, revocable license to process and transmit your submitted data solely for the purpose of operating, securing, and improving the Platform. Eljin will treat contracts, payment data, and identifying information as Confidential Information and will not use or disclose them except as necessary to provide services or as required by law.

11. Third-Party Hosting and Shared Responsibility

The Platform is hosted and operated using third-party cloud infrastructure and service providers (including Amazon Web Services (“AWS”) and similar providers).

By using the Platform, you acknowledge and agree that:

• Eljin relies on third-party providers for data storage, hosting, security, and network availability;
• Eljin does not and cannot guarantee the security, availability, or integrity of data stored with or transmitted through such providers;
• Eljin’s obligations are limited to reasonable administrative, technical, and physical safeguards appropriate to its role under applicable law;
• Clients and Users remain solely responsible for securing their own systems, devices, credentials, and access controls; and
• To the maximum extent permitted by law, Eljin shall not be liable for data loss, unauthorized access, downtime, delays, or other damages arising out of or related to third-party infrastructure or configuration issues outside Eljin’s direct control.

Eljin follows a shared-responsibility model similar to leading cloud providers: Eljin manages Platform infrastructure; Clients and Users are responsible for their own device security, access credentials, data uploads, and system usage.

12. Limitation of Liability

To the maximum extent permitted by law, Eljin’s total liability for any claim arising out of or related to a specific transaction or payment shall not exceed the lesser of (i) the service fee charged for that transaction, or (ii) one thousand U.S. dollars ($1,000) in the aggregate for all claims arising from the same event. In no event shall Eljin be liable for any indirect, consequential, punitive, or special damages, including lost profits, delays in payment, or union penalties asserted by third parties.

13. Indemnification

Users (Performers and Clients) agree to indemnify and hold harmless Eljin, its affiliates, and officers from all claims or damages arising out of: (i) misrepresentation of contractual or union relationships; (ii) failure to comply with applicable labor or IP laws; or (iii) misuse of the Platform.

14. Privacy and Data Handling

Personal information is governed by the Eljin Privacy Policy, which explains how we collect, use, and disclose information, including to unions, payment processors, and compliance partners. You acknowledge that Eljin processes certain personal and financial data as a payment facilitator and may retain such data as required by law.

15. Termination

Eljin may suspend or terminate your access for violation of these Terms, compliance failures, or misuse of the Platform. Upon termination, users may export available transaction records for thirty (30) days. Eljin will retain data as required for compliance and audit.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York. All disputes shall be resolved by binding arbitration in New York, New York, pursuant to the American Arbitration Association’s commercial rules. Class actions are waived.

17. Contact

Legal and compliance inquiries: legalnotices@eljininc.com
Mail: Eljin Productions, Inc., 44 Kane Avenue, Larchmont, NY 10538

Last updated: August 1, 2025.