General Terms and Conditions of Stageapp Services GmbH

1. Scope and Provider

These Terms of Use (hereinafter referred to as "T&C") govern the contractual relationship between Stageapp Services GmbH (hereinafter referred to as provider, operator, Castapp) and you (hereinafter user, artist, caster, advertiser), in the version valid at the time the contract is concluded. Deviating T&C of the user are rejected. Please read these conditions carefully before using any services 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 applications for iOS and Android. 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 T&C are users who use the artist-specific functionalities of the platform. "Caster" within the meaning of these T&C are users who use the caster-specific functionalities of the platform. "Advertiser" within the meaning of these T&C are users who place a listing in the Showcase section. "Talent" within the meaning of these T&C are users who use a restricted artist account with talent status. Talent accounts are subject to special conditions governed by Section 3c and Section 7 of these T&C. "Submitter" within the meaning of these T&C are third parties (theatres, production companies, agencies, event organisers, 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.

Artists set up their own user account on the platform and thereby become contracting parties of Stageapp Services GmbH. It is not permitted to copy, store, or distribute data from the platform.

Casters 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. It is not permitted to copy, store, or distribute data from the platform.

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. By registering, the user agrees to the current T&C. When ordering paid services, a contractual relationship is established between Castapp and the registered user, subject to these terms. Before this contract is concluded, the user will be informed about the paid service and payment terms. The contract becomes effective when the user confirms their order and payment obligation by clicking the "Subscribe" or "Pay" button.

The presentation of services on the website or in the apps does not constitute a legally binding offer. It is an invitation for 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 App Stores (Apple App Store, Google Play Store).

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

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 through the platform's functionalities.
• 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 casting appointments.

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.

The paid services for casters include:

• Access to the artist database
• Management of auditions and applications
• One-click application functionality (incl. video & audio)
• Scheduling and coordination
• Evaluation of candidates
• Access to additional features such as individual upload links or webhook exports (depending on plan).

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

3a. App Permissions and Push Notifications

The mobile apps 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 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 at any time via the deactivation link. No refund or other compensation is provided for early deactivation.

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.

Castapp does not review the content of external casting calls in advance. The submitter is solely responsible for the accuracy, completeness, and legality of the information provided. Castapp reserves the right to remove external casting calls without prior notice if they violate applicable law, these T&C, or public decency, contain misleading or false information, or are otherwise likely to harm the reputation of the platform or third parties.

3c. Talent Accounts

A talent account is a restricted artist account for individuals whose training does not meet the regular admission criteria of the platform. Talent status is assigned during the review process by the provider.

The following restrictions apply to talent accounts compared to regular artist accounts:

• Talent accounts do not have access to regular casting calls on the platform. The audition feed only shows external castings in accordance with Section 3b, provided an active Castapp+ subscription is in place.
• Talent accounts do not have access to the Smart Submit feature, even with an active Castapp+ subscription.
• Talent profiles do not appear in the regular artist search for casters. Casters can find talent profiles via a separate search option. Talent profiles are distinctly marked for casters.
• Calendar and notification features are not available for talent accounts.

Talent accounts can purchase the paid subscription Castapp+. The scope of Castapp+ for talent accounts may differ from the scope for regular artist accounts. The exact scope is defined at castapp.pro/plus.

Once a talent meets the admission criteria of the platform, a new review process can be requested via the profile. Upon a positive assessment, the talent account is converted into a regular artist account. Upon conversion, all restrictions of the talent account are removed.

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 T&C, 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. Sending cash or checks as payment is not allowed. In case of payment default, the provider reserves the right to claim damages.

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

7. Registration and Termination

A Castapp account is for the user's sole and personal use and must not be shared with third parties.

As part of the registration process, every artist account undergoes a review process by the provider. The provider decides at its own discretion whether an account is activated as a regular artist account or as a talent account in accordance with Section 3c. The provider may also reject activation or require the submission of additional documentation. There is no entitlement to activation. If activated as a talent account, the user will be informed via email about the talent status and the associated restrictions.

The contract between the user and Castapp is for an indefinite period. Castapp may terminate the contract at any time, with or without notice, and without providing reasons.

Castapp also reserves the right to remove profiles and/or any content published by the user on the platform. If Castapp terminates a user account or deletes content, there is no obligation to inform the user or provide justification.

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

Users must not provide false or fraudulent information in their profile or other areas of the platform. Such actions may result in legal consequences. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such cases.

Upon termination of the contract, all user data will be deleted.

8. Limitation of Liability

Castapp assumes no responsibility for the content or accuracy of user-provided information or other content generated by users.

Stageapp Services GmbH is liable for damages to life, body, or health only if caused by intentional or negligent actions of the company, its legal representatives, or vicarious agents.

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 caused by intentional or grossly negligent breach of duty by Stageapp Services GmbH or by its legal representatives or vicarious agents.

Damages are limited to foreseeable, contract-typical amounts and capped at 5% of the order value in cases of delay.

Claims related to injury to life, body, health, or freedom expire after 30 years; all others after 1 year, starting at the end of the year in which the claim arose and the claimant became aware (or should have with due care) of the circumstances and the identity of the debtor (Section 199(1) BGB).

The provider reserves the right to review and, if necessary, delete user content for legal compliance.

Castapp assumes no responsibility for the content or accuracy of the information in external casting calls in accordance with 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 mobile apps) with an availability of 98.5%. Availability is calculated on the basis of the time attributable to each 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, our service may be unavailable.

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

10. Offsetting and Right of Retention

The user may only offset claims that are legally established or undisputed by the provider. The user may only exercise a right of retention if the 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 a minimum of personal data processing and maximum data security. Comprehensive data protection information can be found in our privacy policy.

Caster accounts may require artists to agree to their own terms for participation in their casting calls. We are not responsible for these terms or for the handling of personal data by casters (or other users) outside our platform.

If the operator contractually permits caster accounts to use certain personal data collected via the platform outside the platform, such permission is subject to the condition that these theatres have themselves obtained the consent of the data subjects prior to such data processing.

We commit to not sharing personal data with third parties unless you have given prior consent.

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

Third parties are not permitted to use contact details for commercial activities unless the provider has given prior written consent to the data subjects.

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 disputes and legal relationships are governed exclusively by German law, excluding the UN Sales Convention.

Exclusive jurisdiction for orders from merchants, legal entities under public law, or public-law special funds 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.

If you violate these T&C and we take no action, we still reserve the right to enforce our rights on any other occasion when you violate these terms.

We reserve the right to modify our platform, rules, and terms – including these T&C – at any time. You will be informed at least 14 days in advance. If you do not object, changes are considered accepted.

If any provision is found to be invalid, the remaining terms remain in effect. The invalid provision shall be replaced with a lawful one that best reflects the original intent.