The Terms and Conditions of Use (hereinafter referred to as "GTC") govern the contractual relationship between Stageapp Services GmbH (hereinafter referred to as "Provider", "Operator", "Castapp") and you (hereinafter referred to as "Artist", "Agency Representative", "Casting Representative", "Jury Member"), in the version valid at the time of conclusion of the contract.Any deviating terms and conditions of the user are rejected. Please read these terms and conditions carefully before using any service provided by Stageapp Services GmbH. Castapp is a pure B2B platform and is aimed exclusively at trained and commercial artists and their legal representatives (in addition to the theatres issuing invitations to tender). Registration for end consumers (B2C) is expressly excluded. The operator may refuse registration if no commercial activity as an artist or representative is identifiable or ascertainable.
Agents shall each set up their own user account on the platform and shall themselves become contractual partners of Stageapp Services GmbH for this purpose. The use of the platform functionalities (for one or more artists) shall take place in the name of the respective artist(s). This requires the general consent of the respective artist to be given via the platform.Agents wishing to register on Castapp may not use email addresses from free email services such as Gmail, Hotmail or Web.de. Instead, representatives must have their own domain and use an email address that belongs to that domain (for example: email@example.com). This requirement is to ensure the professionalism and trustworthiness of the representatives registered on our platform. Castapp reserves the right to refuse the registration of representatives who do not meet this requirement.
Castapp reserves the right to delete accounts of representatives who violate the specified requirements. In such a case, the link between the affected representative and their previous clients will also be terminated. Castapp will inform the affected client of the dissolution of the link and the deletion of the representative account. The affected clients may then, if necessary, add a new representative who meets the requirements set out in these T&Cs.
If an artist has allowed a representative to use his/her profile, the representative may edit the profile (e.g. add further details or files) in the same way as the artist him/herself. All electronic messages addressed to the artist are sent directly to the representative - instead of to the artist - once the representative has been legitimised. The representative has the possibility via the platform to send applications for productions and to arrange appointments for auditions for the artists connected to him on the platform. However, it is not possible to conclude contracts solely via the functions of the platform.
Artists have the option at any time to withdraw the authorisation to use their profile from a representative. A corresponding function is available for this purpose in the profile area. The same applies to representatives if they wish to end the management of an artist profile. If necessary, both artists and representatives can also contact the operator directly.
Casting managers and jury members shall each set up their own user account on the platform and shall themselves become contractual partners of Stageapp Services GmbH for this purpose. You are not permitted to copy, store or disseminate data from the platform.
Contracts on Castapp can only be concluded in the German language.
The artist, representative or casting director must have reached the age of 18.
Access to the Castapp service requires free registration.
By registering, the user accepts these GTC. With the order of paid services for artists, a contractual relationship is created between Castapp and the registered artist, which is governed by the provisions of these GTC. Prior to the conclusion of this contractual relationship, the user will be informed about the respective chargeable service and the terms of payment. The contractual relationship comes into being when the artist confirms the order and payment obligation by clicking on the "Subscribe" button.
The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is merely invited to make an offer.
You agree to pay for the service by clicking on the "Subscribe" button.
You agree to receive invoices electronically. Electronic invoices will be provided to you via email and the customer area of our payment provider.
The free scope of services for artists consists of the following:
The fee-based scope of services for artists consists of the following additional services:
The free scope of services for agents consists of the following services:
To use fee-based services, free registration as a performer is first required.
If the user wishes to use a chargeable service, he will be informed in advance of the chargeability. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
The provider reserves the right to charge different fee models for different booking times and user groups and, in particular, for different periods of use, as well as to offer different scopes of services.
A fee due is payable to Castapp at the time it is due without deduction.
Certain methods of payment may be excluded by the provider in individual cases. The Artist is not permitted to pay for the Service by sending cash or cheques.
If the Artist does not pay for the Service by sending cash or cheques, the Artist shall be liable to pay Castapp.
If the Artist is in default of payment, the Provider reserves the right to claim damages for default.
If a payment by the artist is declined by his/her bank, the artist is obliged to pay a fee of €7.50. This fee corresponds to the costs charged to us by the payment service provider Stripe for a rejected payment. The fee is in addition to the outstanding amount rejected by the artist's bank and is due immediately.
Settlement may be made by the following means of payment: Direct debit, credit card
A Castapp profile is for his/her sole and personal use and an Artist may not authorise any third party to use this account
The contract entered into between us and the user is for an indefinite period. Castapp may, in its sole discretion, terminate the Agreement at any time, with or without notice and without cause. Castapp further reserves the right to remove profiles and/or any content posted on the site by or on behalf of the Artist. In the event that Castapp terminates the user's registration and/or removes any profile or published content of the user, Castapp shall have no obligation to notify the artist of such termination or removal nor the reason for such termination or removal. We ask users who do not wish to continue using the platform to inform us of this so that we can remove the data relating to them from the platform. Conversely, we reserve the right to delete the profiles of users who have not been active on the platform for a period of more than 12 months, as well as their registration.
The artist is obliged not to make any deliberate or fraudulent false statements in his/her profile and other areas of the portal. Such statements may result in civil action. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case. After termination of the contractual relationship, all data of the artist will be deleted.
Castapp assumes no responsibility for the content and accuracy of the information in the registration and profile data of the artists as well as other content generated by the artists.In relation to the service offered by the Consultants, the Provider hereby expressly disclaims all liability of whatever nature including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in whatever nature in connection with the said matters.
For damages arising from injury to life, limb or health, Stageapp Services GmbH shall only be liable 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.Stageapp Services GmbH Europe shall only be liable for other damages, insofar as they are not based on the breach of cardinal obligations (such obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the contracting party may regularly rely), if they are based on an intentional or grossly negligent breach of duty on the part of Stageapp Services GmbH or on an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent of Stageapp Services GmbH.
The claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value.
Claims for damages based on injury to life, body or health or liberty shall become statute-barred after 30 years; otherwise after 1 year, with the statute of limitations commencing at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence (§ 199 para.1 ・ BGB).
The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with law and justice and, if necessary, to delete it in whole or in part.
We provide the Platform with an availability of 98.5%. The availability is calculated on the basis of the time allotted to the respective calendar month in the contractual period minus the maintenance periods. We are entitled to carry out maintenance work between midnight and 6 a.m. and/or at weekends for a total of five hours per calendar month. During maintenance, our service may not be available.
The artist is only entitled to set-off if the artist's counterclaim has been legally established or has not been disputed by the provider.
The artist may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
Compliance with data protection standards is of particular concern to us. Thus, already during the development of the platform, care was taken to enable its operation with, among other things, a minimum of processing of personal data and a maximum of data security. Comprehensive information on data protection law can be found in our data protection regulations.
Casting accounts may require artists to consent to their own terms and conditions in order to participate in the alerts you post. We are no more responsible for these than we are for the handling of personal data of data subjects by casting managers (or other users) outside our platform.Insofar as, in individual cases, the operator of casting accounts should contractually permit certain personal data of users collected via the platform to be used outside the platform, such permission is subject to the condition that these theatres have themselves obtained the consent of the respective data subjects to such data processing prior to any corresponding data processing.
We undertake not to disclose any personal data to third parties unless you have given your prior consent.
We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of the data
of third parties cannot be completely guaranteed. In this respect, our liability is excluded.
Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.You have the right at any time to obtain from Castapp complete and free information about the data held about you.
Further, Castapp has the right to obtain information about the data held about you.
Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.
Our platform offers users the opportunity to present themselves (or in the case of agents: the artists contractually associated with them) to the theatres participating in the platform in a simple way and in a modern form. Ultimately, its main purpose is to enable the effective placement of artists with tendering theatres via the platform's integrated functions. Our platform is expressly NOT understood to be a hosting service for the respective content of the users, even if the storage of this content on our servers is a necessary prerequisite for the fulfilment of the functions of the platform. The user is therefore obliged - also in his own interest - to additionally store all user content entered by him on his own resources. Furthermore, the user must ensure that he/she keeps appointments and other data relevant to him/her which were communicated via the platform in additional calendars or other tools of his/her own. We do not accept any liability towards the user for any damage resulting from the loss or temporary unavailability of such data.
The law of the Federal Republic of Germany shall apply exclusively to any disagreements and disputes arising on the occasion of this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
The contractual language is German.
We do not offer services for purchase by minors. If you are under 18, you may not use Castapp.
If you breach these TOS and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Sale.
We reserve the right to make changes to our website, rules and regulations, terms and conditions including these T&Cs at any time. You will be notified of any changes with reasonable notice (14 days). If you do not object to the changes, you will be deemed to have accepted the changes.
The invalidity of a provision shall not affect the validity of the other provisions from the contract. Should this occur, the provision shall be replaced according to meaning and purpose by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
This addition to the Terms and Conditions governs the contractual relationship between Stageapp Services GmbH and the parents or legal guardians acting on behalf of their minor children, regarding the use of "Castapp Junior".