Section A — When Enhanced Confidentiality Applies

This Confidentiality Policy supplements the confidentiality obligations set forth in the Membership Agreement and applies only in connection with specific programs, environments, or access levels designated by OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) as involving enhanced confidentiality (“Confidential Access”).

 

A.1 Program-Based Triggers

Enhanced confidentiality obligations apply when a Member is granted access to any OpenMic-designated program, initiative, or environment that involves non-public, sensitive, or restricted information, including but not limited to:

• Pitch rooms or pitch sessions
   

• Script libraries, script review portals, or development materials
   

• Business, strategy, or planning sessions (including marketing, finance, legal, or operational discussions)
   

• Private programs, inner circles, or invitation-only initiatives
   

• Pre-release content, internal materials, or restricted resources
   

Access to such programs or environments may be granted on a temporary, conditional, or tier-based basis, at OpenMic’s discretion.

 

A.2 Designation of Confidential Access

OpenMic may designate Confidential Access through reasonable means, which may include:

• Program descriptions or onboarding materials
   

• Access restrictions or gated platform areas
   

• Notices, labels, or prompts indicating confidential status
   

• Separate click-through acknowledgments or written agreements
   

A Member’s access to, participation in, or use of a Confidential Access environment constitutes acknowledgment that enhanced confidentiality obligations apply.

 

A.3 No Membership-Wide Expansion

Enhanced confidentiality obligations under this Policy do not apply to the OpenMic membership generally and do not convert all membership interactions or materials into confidential information.

Confidentiality obligations arise only where expressly designated by OpenMic in accordance with this Policy or where otherwise governed by a separate nondisclosure or confidentiality agreement.

 

A.4 Relationship to Other Agreements

This Policy operates in addition to, and does not replace, any confidentiality or nondisclosure obligations set forth in the Membership Agreement or in any separate agreement executed by the Member.

In the event of a conflict, the applicable Membership Agreement or separate confidentiality or nondisclosure agreement shall control.

 

A.5 Future Platforms and Technologies

Enhanced confidentiality obligations apply regardless of the medium or technology through which Confidential Access is provided, including virtual pitch rooms, digital portals, collaborative platforms, AI-assisted review tools, or other systems adopted by OpenMic in the future.

Section B — Scope of Confidential Information

When enhanced confidentiality applies under this Policy, “Confidential Information” includes all non-public information disclosed, made available, or accessed by a Member through Confidential Access environments, whether communicated orally, visually, electronically, or in written form.

 

B.1 Creative and Development Materials

Confidential Information includes, without limitation:

• Scripts, screenplays, treatments, outlines, decks, bibles, and creative concepts
   

• Story materials, characters, plot elements, and development notes
   

• Visual, audio, or audiovisual materials, including rough cuts, concept art, animatics, and pre-release media
   

• Feedback, coverage, evaluations, and internal creative commentary
   

 

B.2 Business, Strategic, and Operational Information

Confidential Information includes non-public business information, including:

• Marketing strategies, release plans, and audience development strategies
   

• Financial information, budgets, projections, pricing, and funding discussions
   

• Legal strategies, contractual terms, deal structures, and negotiations
   

• Operational processes, internal policies, and growth plans
   

 

B.3 Pre-Release and Restricted Materials

Confidential Information includes:

• Pre-release content or materials not intended for public distribution
   

• Internal communications, meeting materials, or recordings designated as confidential
   

• Access credentials, links, or technical mechanisms used to access Confidential Access environments
   

 

B.4 Information of Third Parties

Confidential Information includes non-public information relating to other Members, collaborators, partners, or third parties disclosed in connection with Confidential Access, where such information is subject to confidentiality obligations.

 

B.5 Derivative and Inferred Information

Confidential Information includes any analyses, summaries, notes, feedback, evaluations, or derivative works created by or for a Member that are based on or derived from Confidential Information.

 

B.6 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of this Policy by the Member
   

• Was lawfully known to the Member prior to disclosure without restriction
   

• Is independently developed by the Member without use of Confidential Information
   

• Is rightfully obtained from a third party without a duty of confidentiality
   

The burden of demonstrating an applicable exclusion rests with the Member.

 

B.7 Medium and Technology Neutrality

Confidential Information is protected regardless of the format, medium, or technology through which it is accessed or reviewed, including digital portals, virtual rooms, collaborative tools, recordings, or AI-assisted analysis systems.

 

Section C — Duration of Confidentiality Obligations

The duration of a Member’s confidentiality obligations under this Policy depends on the nature of the Confidential Access granted and the program, environment, or materials involved.

 

C.1 Program-Specific Duration

Unless otherwise stated in writing by OpenMic, confidentiality obligations apply for the duration specified for the applicable program, initiative, or Confidential Access environment, as communicated through:

• Program descriptions or onboarding materials
   

• Access notices or designations
   

• Separate acknowledgments or agreements
   

Different programs may impose different confidentiality durations based on sensitivity, business needs, or industry norms.

 

C.2 Indefinite Confidentiality for Certain Information

Notwithstanding Section C.1, confidentiality obligations shall continue indefinitely with respect to:

• Trade secrets or proprietary business information
   

• Unreleased creative materials or intellectual property
   

• Legal, financial, or strategic information not publicly disclosed
   

• Confidential Information subject to continuing protection under applicable law
   

Such information remains confidential until it qualifies for an exclusion under Section B.6.

 

C.3 Effect of Termination or Loss of Access

Confidentiality obligations survive:

• Termination of membership
   

• Removal from a specific program or Confidential Access environment
   

• Expiration or revocation of access rights
   

Loss of access does not relieve a Member of confidentiality obligations with respect to Confidential Information previously accessed.

 

C.4 Public Disclosure

Confidentiality obligations terminate only with respect to specific information that becomes publicly available through no breach of this Policy or other confidentiality obligation by the Member.

 

C.5 Separate Agreements Control

Where a Member has entered into a separate nondisclosure agreement, confidentiality agreement, or program-specific agreement with OpenMic, the duration provisions of such agreement shall control in the event of any inconsistency.

 

Section D — Consequences of Breach

A breach of this Confidentiality Policy may cause significant harm to OpenMic Perform Pro, LLC (“OpenMic”), its Members, collaborators, and partners. Accordingly, OpenMic retains the right to take appropriate action in response to any actual or suspected breach, as determined in its reasonable discretion.

 

D.1 Removal From Confidential Programs or Access

Upon a breach or suspected breach, OpenMic may immediately:

• Remove the Member from the applicable program, pitch room, or Confidential Access environment
   

• Revoke access to confidential materials, portals, or systems
   

• Restrict future eligibility for confidential or restricted programs
   

Such actions may be taken with or without prior notice where OpenMic determines that immediate action is necessary.

 

D.2 Suspension or Termination of Membership

Depending on the nature, severity, or impact of the breach, OpenMic may:

• Suspend the Member’s membership
   

• Terminate the Member’s membership in accordance with the Membership Agreement
   

• Impose permanent restrictions on participation in OpenMic programs or initiatives
   

Enforcement actions under this Policy are independent of, and in addition to, actions taken under the Community Guidelines or other incorporated Policies.

 

D.3 Legal and Equitable Remedies

Where permitted by law, OpenMic reserves the right to pursue legal or equitable remedies for breaches of confidentiality, including:

• Injunctive or equitable relief to prevent further unauthorized disclosure or use
   

• Recovery of damages, losses, or costs resulting from the breach
   

• Enforcement of rights under applicable confidentiality or nondisclosure agreements
   

Nothing in this Policy limits OpenMic’s right to seek remedies available under applicable law.

 

D.4 No Limitation on Other Rights

The remedies described in this Section are cumulative and do not limit any other rights or remedies available to OpenMic under the Membership Agreement, incorporated Policies, separate agreements, or applicable law.

 

D.5 No Obligation to Enforce

OpenMic’s decision not to pursue enforcement or remedies in any particular instance does not constitute a waiver of its right to enforce this Policy or pursue remedies in future instances.

 

Section E — Separate Acknowledgment and Acceptance

E.1 Separate Acceptance Required

Participation in any program, environment, or initiative designated as involving Confidential Access may require the Member to provide a separate acknowledgment or acceptance of enhanced confidentiality obligations.

Such acceptance may be required in addition to, and not in lieu of, the confidentiality provisions contained in the Membership Agreement.

 

E.2 Forms of Acceptance

OpenMic may require acceptance of enhanced confidentiality obligations through one or more of the following methods, as determined by OpenMic:

• Click-through acknowledgment or consent
   

• Electronic signature
   

• Written agreement or nondisclosure agreement
   

• Program-specific onboarding or access confirmation
   

Acceptance may be required on a program-by-program, tier-by-tier, or access-specific basis.

 

E.3 Condition Precedent to Access

A Member’s execution or acceptance of the applicable confidentiality acknowledgment is a condition precedent to participation in, or access to, any Confidential Access environment.

Failure or refusal to provide the required acknowledgment may result in denial, suspension, or revocation of access to the applicable program or materials, without affecting the Member’s general membership status unless otherwise stated.

 

E.4 Tiered and Escalating Confidentiality

OpenMic may implement multiple levels of confidentiality obligations corresponding to different programs, access tiers, or sensitivity levels, including:

• Standard program confidentiality
   

• Enhanced confidentiality for pitch rooms or development access
   

• Elevated or custom nondisclosure obligations for strategic, financial, or legal initiatives
   

Each level may carry distinct scope, duration, and enforcement terms, as specified in the applicable acknowledgment or agreement.

 

E.5 Electronic Records and Evidence of Assent

OpenMic may maintain electronic records evidencing a Member’s acceptance of confidentiality obligations, including timestamps, account identifiers, access logs, or confirmation records. Such records may be used to demonstrate assent and enforceability to the fullest extent permitted by law.

 

E.6 Relationship to Other Agreements

In the event of any inconsistency between this Policy and a separate confidentiality or nondisclosure agreement executed by the Member, the terms of the separate agreement shall control with respect to the applicable Confidential Access.