Terms and conditions

Status

This draft records what has been decided and built into the product, and marks everything that is still open. It isn't a basis for a contract yet. The DPA and its annex on technical and organisational measures (TOMs) form part of these terms.

1. Scope and contracting party

CastTool is only for businesses: model agencies and casting offices. The contracting party is the operator named above. open: company The customer's own terms only apply if the operator expressly agrees to them. open: whether consumers have to be excluded technically or by declaration

2. Conclusion of contract and account

The customer first confirms their email address and then creates the account. Creating the account concludes the contract. When creating it, the customer agrees to these terms, and CastTool records which version and when.

One email address can create at most three accounts. The customer keeps their log-in details secret and only invites people who work for them.

3. Trial

Every new account can try CastTool free for 14 days without payment details. Sending email is throttled during the trial. After that the account is read-only until the customer takes out a subscription. The website stays online during that time. Suspension and deletion follow the periods in section 8.

4. Services

CastTool provides software in the browser: a model database, the agency's website on a subdomain or its own domain, applications, inquiries, offers, bookings and invoices, a model portal, client accounts, shortlists by link and, for casting offices, castings with roles. The scope is as described on the product site when the contract is concluded.

There is no commitment on availability yet. open: availability, maintenance windows, support

5. Customer obligations

The customer is responsible for their content and for the data they manage in CastTool. In particular:

• The customer's website only goes online once a legal notice and a privacy policy are in place. The customer is responsible for their accuracy.
• The customer obtains the necessary consents from models and, for minors, from their parents. CastTool provides the workflows and texts for this. The texts are drafts until they have been reviewed.
• The customer only publishes images and content they hold the rights to.
• The customer doesn't use CastTool or its email sending for spam, phishing, fraud or illegal content.

6. Notices, moderation and suspension

Anyone can report content on a website run with CastTool through the reporting channel. Platform staff review every notice themselves, and there is no automated decision about content. The page “Notices and moderation” describes how this works.

If content is illegal or the service is misused, the operator can suspend an account. The website then goes offline, no more email goes out and the team can only read. Image approvals may be withdrawn as part of this. The customer is told about the suspension by email. open: statement of reasons under Art. 17 DSA, complaints against a suspension

7. Prices and payment

Prices depend on the number of models, and each plan has limits for models, admins and storage. Payment runs through Stripe. open: plan names, amounts, limits, VAT, billing period

8. Late payment, suspension and deletion

The following periods are built into the product but are only proposals. They only apply once confirmed. open: confirmation of the periods

• If a payment is outstanding, the account stays fully usable for 14 days.
• After that it is read-only. After a further 14 days it is suspended, with a warning 3 days beforehand.
• 60 days after a suspension for non-payment, the deletion period for the account starts by itself.

9. Term and cancellation

The customer can cancel the subscription in Stripe's customer portal with effect from the end of the billing period. open: term, notice periods, termination by the operator

10. Export and deletion

The customer can export all data and original files of their account as a ZIP at any time, at most three times a day. An export is ready to collect for 7 days.

The customer can delete their account. Deletion takes place 30 days after the request and can be undone until then. The website address then stays blocked for 90 days so that links don't end up with someone else.

An account with invoices can't be deleted for now, until it's settled how long invoices have to be kept and by whom. open: retention of invoices

11. Data processing

Where CastTool processes personal data on the customer's behalf, the DPA applies. It forms part of these terms.

12. Liability

open: liability and its limits

13. Changes to these terms

Every version has a label, shown above. CastTool records with the account which version the customer agreed to and keeps every version in the archive. open: procedure for changes during an ongoing contract

14. Final provisions

open: governing law, place of jurisdiction, binding language version