Terms of Use of Stageapp Services GmbH

1. Scope and Provider

These Terms of Use govern the contractual relationship between Stageapp Services GmbH (hereinafter provider, operator, Castapp) and you (hereinafter user, artist, caster, advertiser), in the version valid at the time the contract is concluded. Deviating terms and conditions of the user are rejected. Please read these terms carefully before using any service of Stageapp Services GmbH.

Castapp is a platform for professional artists, casters, producers, and theatre companies and includes the website castapp.pro as well as the mobile application for iOS. The iOS app requires at least iOS 18. Registration for consumers (B2C) is explicitly excluded. The operator may reject a registration if no commercial activity is identifiable or verifiable.

"Artist" within the meaning of these Terms of Use are users who use the platform functionalities intended for artists. "Caster" within the meaning of these Terms of Use are users who use the platform functionalities intended for casters. "Advertiser" within the meaning of these Terms of Use are users who place a listing in the Showcase section. "Submitter" within the meaning of these Terms of Use are third parties (theatres, production companies, agencies, event organizers, or other companies) who publish an external casting call via the public form on the platform. Submitters do not require a user account on Castapp. By publishing an external casting call, submitters become contracting parties of Stageapp Services GmbH. "Programmatic interfaces" within the meaning of these Terms of Use are technical access points provided by Castapp (for example Webhooks, MCP) through which users can integrate data and functions of the platform into their own applications.

Artists each set up their own user account on the platform and thereby become contracting parties of Stageapp Services GmbH. The use of other users' data from the platform is only permitted within the scope of the platform functions. You may back up and export your own data at any time.

Casters each set up their own user account on the platform and thereby become contracting parties of Stageapp Services GmbH. Depending on the plan, several users can operate together as a caster team. The use of platform data is only permitted for the caster's own casting purposes. Retrieval via programmatic interfaces within the scope granted in each case is part of the platform functions. Systematic extraction beyond the granted scope, the creation of separate data repositories beyond the casting purpose, and the sale or disclosure to uninvolved third parties remain prohibited.

Advertisers can be either registered users or guests without a user account. By placing a paid Showcase listing, advertisers become contracting parties of Stageapp Services GmbH.

2. Conclusion of the Contract

Contracts on Castapp can only be concluded in German. Artists, casters, or advertisers must be at least 18 years old. Section 3e applies to Junior profiles; the contracting party there is the parent or legal guardian of legal age. By registering, the user accepts these Terms of Use. Casters additionally confirm the agreement on the processing of personal data as joint controllers (Section 11) upon registration or booking. When ordering paid services, a contractual relationship is established between Castapp and the registered user, governed by the provisions of these Terms of Use. Before this contractual relationship is concluded, the user will be informed about the respective paid service and the payment terms. The contractual relationship is established when the user confirms the order and payment obligation by clicking the "Subscribe" or "Pay" button.

The presentation of services on the website or in the app does not constitute a legally binding offer. The presentation of the services merely invites the customer to make an offer.

Paid subscriptions and purchases are processed exclusively through the payment service provider Stripe. Subscriptions cannot be concluded through the Apple App Store.

You agree to receive invoices electronically. Electronic invoices will be provided to you via email and through the customer area of our payment provider.

3. Description of Services

The free services for artists include:

• Provision of a comprehensive artist profile, including the option to upload numerous video and audio files for presentation to casters and for use by casters within the functionalities provided for them on the platform, including retrieval via programmatic interfaces provided by Castapp and processing in the casters' own applications for casting purposes.
• Unlimited storage space for video and audio files.
• Participation in casting calls by casters on the platform.
• Submission of applications to casters via the platform.
• Scheduling of appointments for casters' castings.

With the paid subscription "Castapp+", artists can unlock additional features. The exact scope of Castapp+ is defined at castapp.pro/plus and can be adjusted by the provider at any time.

Castapp may use publicly accessible areas of the platform, in particular the home page and the performer overview pages, to present the network and its members. Profile pictures of artists may be shown in this context. This presentation serves to showcase the platform and its reach and takes place within the scope of the platform functions. Artists may object to the use of their profile picture in these areas at any time in their settings or by notifying Castapp; Castapp will then remove the picture from the affected areas within a reasonable period.

The paid services for casters include:

• Access to the artist database
• Management of auditions and applications
• Use of the one-click application functionality (incl. video and audio)
• Scheduling and coordination of appointments
• Evaluation of candidates
• Access to additional features such as individual upload links (depending on plan)
• Access via programmatic interfaces (Webhooks, MCP) depending on plan as per the price list, subject to Section 3c.

The exact scope of services per plan is defined in the price list.

3a. App Permissions and Push Notifications

The mobile app may request the following device permissions:

• Camera: For capturing photos and videos for the artist profile
• Microphone: For recording audio and video files
• Push notifications: For notifications about new castings, applications, and other relevant events

Granting these permissions is voluntary. Without the corresponding permissions, certain app functions may be limited. Push notifications are sent via an external service provider. Push notification settings can be changed at any time in the device settings or in the app.

3b. External Castings

External castings are casting calls published by third parties (hereinafter "submitters") via a public form on the platform. No user account is required to publish external castings. Publication is free of charge.

The submitter is obliged to provide truthful and complete information when creating an external casting call. Before publication, the submitter must accept the Terms of Use and the privacy policy of the platform.

After publication, the submitter receives an editing link and a deactivation link via email. The listing is managed exclusively through these links.

The listing automatically expires on the specified application deadline. The submitter can deactivate the listing early at any time via the deactivation link.

External castings appear in the audition feed of the platform. The full view of external castings is exclusively accessible to users with an active Castapp+ subscription.

Applications for external castings are made outside the platform. Castapp only provides the contact information (email address or external URL) specified by the submitter. Castapp assumes no responsibility for the further application process.

External casting calls are only published after activation by Castapp. There is no entitlement to activation. The submitter remains solely responsible for the accuracy, completeness, and legality of the information provided. Castapp may remove published casting calls if they violate applicable law, these Terms of Use, or public decency, contain misleading or false information, or are otherwise likely to harm the reputation of the platform or third parties.

3c. Programmatic Interfaces and Processing in Own Applications

(1) Casters may access data available to them on the platform via the programmatic interfaces provided by Castapp and integrate it into their own applications, including AI applications of their choice. Availability and scope depend on the booked plan as per the price list. Castapp may define access levels, permissions, and rate limits and adjust them. Interface access is deactivated by default for users and is activated on a per-user basis.

(2) Authentication at the interfaces is personal and takes place via the respective user account. Access credentials and sessions must be kept secret; passing them on to third parties is prohibited. All actions performed via a user's access are attributed to the caster.

(3) From the moment of retrieval via the interface, the caster processes the data as an independent controller within the meaning of the GDPR. The caster selects their applications and AI providers themselves and is responsible for their legal compliance, including any required data processing agreements and permissible third-country transfers.

(4) The processing of retrieved data is only permitted for the caster's own casting purposes. In particular, training AI models with personal data from the platform, merging data into repositories unrelated to the purpose, and disclosure and sale are prohibited.

(5) The caster fulfills the rights of data subjects for their own processing themselves and deletes retrieved data from their systems as soon as it is no longer required for the casting purpose, at the latest upon termination of the contract.

(6) Selection decisions with legal or similarly significant effect must not be made solely by automated means (Art. 22 GDPR). The caster complies with the obligations applicable to them under Regulation (EU) 2024/1689 on artificial intelligence.

(7) In the event of violations of paragraphs 2 to 6 or in the event of security risks, Castapp may block interface access; Section 7a applies accordingly. The caster indemnifies Castapp against third-party claims arising from their processing in their own applications.

3d. Naming as a Reference

Castapp may list casters as references, stating their name and logo, for example on the website and in presentations. The caster may object to being named at any time in text form; Castapp will then remove the reference within a reasonable period.

3e. Castapp Junior

(1) Castapp Junior enables parents and legal guardians to create a Junior profile for their child from the age of 6 and to apply on the child's behalf to Junior auditions. The contracting party and user is exclusively the parent or legal guardian of legal age. The child does not receive their own access and is not a user within the meaning of these Terms of Use.

(2) By creating a Junior profile, the parent or legal guardian confirms that they hold custody rights, that they are solely authorized to consent to the creation of the profile or that the consent of any other custodians has been obtained, and that the child agrees to the creation insofar as the child is capable of doing so according to age and maturity. Castapp may request suitable evidence at any time and deactivate the Junior profile until such evidence is provided.

(3) Junior profiles are visible to casters exclusively via the separate "Juniors" selection in the artist search. Junior profiles can only apply to Junior auditions. Regular casting calls, external castings pursuant to Section 3b, and the Castapp+ subscription are not available for Junior profiles. Invitations and notifications are sent to the parent or legal guardian.

(4) Junior profiles are completely excluded from access via programmatic interfaces (Section 3c).

(5) The use of Castapp Junior is free of charge. A parent or legal guardian who wishes to appear as an artist on the platform themselves uses a separate user account for this purpose; a user account holds either its own artist profile or a Junior profile.

(6) Upon reaching the age of 18, the Junior profile can be handed over to the person who has come of age. The profile is fully retained in the process; renewed activation by Castapp is not required. Upon taking over the profile, the person themselves becomes the contracting party and confirms these Terms of Use. Without a takeover, the Junior profile is deactivated.

4. Showcase

Showcase is the public listing section on Castapp. Advertisers can place paid listings in various categories to present their offerings, services, or acts.

4.1 Usage

Showcase listings can be placed by both registered users and guests without a user account. The listings are publicly visible and can be viewed on the platform without logging in.

4.2 Listing Placement and Payment

Placing a listing requires advance payment through the payment service provider Stripe. Upon successful payment, the listing is published immediately. Moderation or approval by the provider prior to publication does not take place.

4.3 Duration and Prices

Listings are placed for a duration chosen by the advertiser. Available durations and prices are defined in the price list on the website. Optionally, a featured placement ("Featured") can be added.

4.4 Managing Listings

After creation, the advertiser receives a unique management link via email. Through this link, the advertiser can edit, extend, or delete their listing. Renewal requires an additional payment.

4.5 Expiration and Archiving

After the booked duration expires, the listing is automatically archived and is no longer publicly visible. The advertiser can reactivate archived listings via the management link, provided that an additional payment is made.

4.6 Deletion and Refunds

The advertiser can delete their listing at any time via the management link. No refund of already paid amounts will be provided for early deletion or non-use of the booked duration.

4.7 Removal of Listings by the Provider

The provider reserves the right to remove listings without prior notice if they violate applicable law, these Terms of Use, or public decency, contain misleading or false information, or are otherwise likely to harm the reputation of the platform or third parties. No claim for refund exists in these cases.

4.8 Liability for Listing Content

The respective advertiser is solely responsible for the content of their listings. Castapp assumes no responsibility for the accuracy, completeness, or legality of the information provided in the listings.

5. Prices for Paid Services

If the user wishes to use a paid service, they will be informed in advance about the costs. In particular, the applicable costs and payment method will be listed. The provider reserves the right to apply different pricing models for different booking times and user groups, and especially for different usage periods, as well as to offer different service packages.

6. Payment Terms

Any fees incurred must be paid in full to Castapp when due. Certain payment methods may be excluded by the provider in individual cases. Sending cash or checks as payment is not allowed. In case of payment default, the provider reserves the right to claim damages for the delay.

Payment can be processed via the following methods: direct debit, credit card.

7. Registration and Termination

Each user receives their own personal access. Passing on access credentials and the shared use of one access by several persons are not permitted. The caster decides which persons they create as users within the scope of their plan. The caster is accountable for the actions of all users of their account as for their own and deactivates accesses that are no longer needed. The use of the programmatic interfaces via a user's own account is deemed the user's own use of the account.

As part of the registration process, every artist account undergoes a review process by the provider. The provider may reject activation or require the submission of additional evidence. There is no entitlement to activation.

The contract concluded between us and the user runs for an indefinite period. The user may terminate the contract at any time in text form; paid subscriptions end upon expiry of the billing period already paid for. Castapp may terminate free user relationships at any time. Castapp may terminate paid contracts with 14 days' notice to the end of the respective billing period. The right of both parties to extraordinary termination for good cause remains unaffected.

Castapp further reserves the right to remove profiles and/or any content published on the platform by or from the user if it violates applicable law, these Terms of Use, or public decency.

We reserve the right to delete profiles of users who have not been active on the platform for more than 12 months.

Users are obliged not to make deliberate or fraudulent false statements in their profile or other areas of the portal. Such statements may result in civil legal action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such cases.

Upon termination of the contract, Castapp will, on request, provide casters with their own data stored in their account in a machine-readable format. After termination of the contractual relationship, all user data will be deleted.

7a. Suspension and Revocation of Access Rights

(1) Castapp may block the access rights of a user or an account without prior notice and with immediate effect if the permitted use is significantly exceeded or if provisions protecting against unauthorized use are violated.

(2) A block without termination will be maintained for no longer than one month. The affected party is entitled to have access restored as soon as they have demonstrably ceased the use in breach of contract and prevented future violations.

7b. Review and Rejection of Caster Bookings

(1) Paid caster plans are subject to a review of the caster by Castapp. After receipt of the booking, Castapp reviews whether a commercial or professional activity in the field of casting is identifiable or verifiable. There is no entitlement to activation.

(2) If the review is negative, Castapp may withdraw from the contract. The withdrawal must be declared within 14 days of receipt of the payment and takes place in text form to the email address provided at the time of booking. No statement of reasons is required.

(3) In the event of withdrawal, Castapp refunds the caster the fee already paid in full. The refund takes place within 14 days via the payment method used for the payment. The caster has no further claims.

8. Limitation of Liability

Castapp assumes no responsibility for the content or accuracy of the information in users' registration and profile data or other content generated by users.

Castapp is liable neither for the processing of data by casters in their own applications and AI services nor for the providers used by casters.

Stageapp Services GmbH is liable for damages resulting from injury to life, body, or health only if they are based on an intentional or negligent breach of duty by Stageapp Services GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Stageapp Services GmbH.

For other damages, insofar as they are not based on the breach of essential contractual obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), Stageapp Services GmbH is only liable if they are based on an intentional or grossly negligent breach of duty by Stageapp Services GmbH or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Stageapp Services GmbH.

Claims for damages are limited to the foreseeable damage typical for the contract. In the event of delay, they amount to a maximum of 5% of the order value.

Claims for damages based on injury to life, body, health, or freedom become time-barred after 30 years; all others after 1 year, with the limitation period commencing at the end of the year in which the claim arose and the creditor became aware, or should have become aware without gross negligence, of the circumstances giving rise to the claim and the identity of the debtor (Section 199(1) BGB).

The provider reserves the right to review the content of texts written by users and uploaded files for compliance with the law and, if necessary, to delete them in whole or in part.

Castapp assumes no responsibility for the content or accuracy of the information in external casting calls pursuant to Section 3b. In particular, Castapp is not liable for damages incurred by the user from applying to external castings or from contact with submitters.

9. Availability

We provide the platform (website and iOS app) with an availability of 98.5% on a monthly average. Availability is calculated on the basis of the time attributable to the respective calendar month during the contract period, minus maintenance times. We are entitled to perform maintenance work between midnight and 6 AM and/or on weekends for a total of five hours per calendar month. During maintenance work, our service may be unavailable. The current and historical availability can be viewed publicly at any time on our status page; the link is provided in the service description.

The availability commitment does not apply to the programmatic interfaces. Castapp strives for their high availability without committing to a specific value.

The availability of the mobile app may additionally depend on factors beyond our control, such as the availability of the App Store, the user's internet connection, or device compatibility.

10. Offsetting and Right of Retention

The user is only entitled to offset claims if the user's counterclaim has been legally established or has not been disputed by the provider. The user may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

11. Data Protection

Compliance with data protection standards is of particular concern to us. During the development of the platform, care was taken to enable its operation with, among other things, a minimum of personal data processing and a maximum of data security. Comprehensive data protection information can be found in our privacy policy.

Castapp stores the platform's data exclusively in data centers within the European Union. The hosting service providers used are named in the privacy policy.

For caster accounts, the agreement on the processing of personal data as joint controllers (Art. 26 GDPR) forms part of the contract. It is confirmed upon registration or booking and can be accessed at any time at castapp.pro/art26.

The respective caster is solely responsible for the processing of data by casters in their own applications outside the platform (Section 3c(3)).

The retrieval of data via the programmatic interfaces and its processing in the casters' own applications, including AI applications, are part of the intended functional scope of the platform and are limited to casting purposes (Section 3c). For any use of personal data outside the platform going beyond this, the respective caster, as controller, remains obliged to ensure a legal basis themselves; without such a basis, it is prohibited.

Personal data is only disclosed within the scope of the purposes and functions described in the privacy policy.

We point out that the transmission of data over the Internet (e.g., via email) may have security vulnerabilities. Consequently, complete and error-free protection of third-party data cannot be fully guaranteed. Our liability is excluded in this regard.

Contact details of other users may not be used for advertising or other commercial activities unrelated to the intended purpose, unless the data subject has consented.

You have the right to obtain complete and free information from Castapp about the data concerning you at any time. Furthermore, the user has the right to rectification/deletion of data/restriction of processing.

Further information can be found in the privacy policy on the provider's website.

12. Applicable Law and Jurisdiction

All disagreements and disputes arising from this contract are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Sales Convention.

Exclusive jurisdiction for orders from merchants, legal entities under public law, or special funds under public law is the registered office of the provider.

13. Final Provisions

The contract language is German.

We do not offer services for purchase by minors. If you are under 18, you may not use Castapp. Profiles for children are managed exclusively by parents and legal guardians in accordance with Section 3e.

The parties shall treat confidential information of the respective other party that becomes known to them in the course of the contractual relationship as confidential and use it only for the performance of the contract. Statutory disclosure obligations remain unaffected.

If you violate these Terms of Use and we take no action, we remain entitled to exercise our rights on any other occasion on which you violate these Terms of Use.

Castapp may amend these Terms of Use with effect for the future. Amendments will be presented to the user for express confirmation at the next login to the platform. Castapp records the consent. Continued use of the platform requires confirmation of the current version in each case. If a user does not confirm the amendments, they may terminate the contract extraordinarily in text form; for paid contracts, Castapp will refund fees already paid for the unused period on a pro rata basis. Individual additions and amendments to the contract require text form.

The invalidity of any provision does not affect the validity of the other provisions of the contract. In such a case, the provision shall be replaced, according to its meaning and purpose, by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.