These Terms and Conditions ("Terms") govern your access to and use of the CASTD Europe website, platform, and services (collectively, the "Platform"), operated by [Company legal name] ("CASTD", "we", "us", or "our"). By creating an account, accessing, or using our Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Platform. This document constitutes a legally binding agreement between you ("User", "you") and CASTD.
1. Definitions
1.1. "Platform" refers to the CASTD Europe website, applications, and associated services, which function as a creative talent marketplace. 1.2. "CASTD", "we", "us", or "our" refers to [Company legal name], a company registered in England and Wales with company number [Company number], at its registered address [Registered address]. 1.3. "User" means any individual or entity that accesses or uses the Platform, including Talent and Brands. 1.4. "Talent" or "Talent User" refers to a User who creates a profile on the Platform to offer their creative services. This includes, but is not limited to, models, content creators, UGC creators, influencers, celebrities, actors, presenters, photographers, and videographers. 1.5. "Brand" or "Brand User" refers to a User, typically a company, organisation, or individual, who uses the Platform to find and connect with Talent for creative projects or campaigns. 1.6. "User Content" means all data, text, software, music, sound, photographs, graphics, video, messages, posts, tags, or other materials that a User uploads, posts, submits, or otherwise transmits to or through the Platform. 1.7. "Subscription" refers to the recurring monthly payment plan that allows a User to access and use the features of the Platform associated with their account type (Talent or Brand). 1.8. "AI Tools" refers to the "AI Contract Advisor/Checker/Creator" and any other artificial intelligence-powered features on the Platform designed to assist with contract creation and review for informational purposes. 1.9. "Campaign" refers to a project, job, or opportunity posted by a Brand on the Platform, for which Talent may submit applications. 1.10. "Services" refers to all functionalities provided by the Platform, including but not limited to talent discovery, profile hosting, messaging, campaign management, and contract tools. 1.11. "GDPR" refers to the UK General Data Protection Regulation and the EU General Data Protection Regulation (2016/679).
2. Eligibility
2.1. To access or use the Platform, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. 2.2. By creating an account, you represent and warrant that you meet these eligibility requirements and that all information you provide is accurate, current, and complete. 2.3. If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case the terms "you" and "your" shall refer to that entity.
3. User Accounts and Registration
3.1. Account Creation: To use most features of the Platform, you must register for an account. You may register using an email address and password or through a third-party authentication service such as Google Sign-in. 3.2. Account Responsibility: You are solely responsible for maintaining the confidentiality of your account credentials (password) and for all activities that occur under your account. You agree to notify us immediately at [Contact email] of any unauthorized use of your account or any other breach of security. 3.3. Account Information: You agree to provide and maintain accurate, true, current, and complete information in your account profile. It is your responsibility to keep this information up to date. Providing false or misleading information is a breach of these Terms. 3.4. One Account: Each User is permitted to have only one account. Creating multiple accounts for the purpose of abusing promotions (such as the free trial) or for any other deceptive purpose is strictly prohibited.
4. Membership, Billing, Trials, Cancellation, and Refunds
4.1. Subscriptions: Access to the Platform's core features requires an active paid Subscription. 4.1.1. Brand Subscription: Brand Users are required to maintain a Brand Subscription at the price of £40 per month. 4.1.2. Talent Subscription: Talent Users are required to maintain a Talent Subscription at the price of £10 per month. 4.2. Billing Cycle: Subscriptions are billed on a monthly recurring basis. Your payment method will be charged automatically on the same day of each month corresponding to your initial subscription date. All payments are processed through our third-party payment processor, Stripe. All prices are in Pounds Sterling (GBP) and are inclusive of any applicable VAT unless stated otherwise. 4.3. Free Trials for Talent: 4.3.1. New Talent Users are eligible for a one-time, one-month free trial. The trial provides full access to the Talent Subscription features. 4.3.2. You will be required to provide a valid payment method to start the trial. You will not be charged during the free trial period. 4.3.3. Unless you cancel before the end of the free trial period, your trial will automatically convert to a paid monthly Talent Subscription, and your payment method will be charged the standard monthly fee. 4.3.4. The free trial offer is limited to one per User account and cannot be combined with other offers. 4.4. Cancellation: 4.4.1. You may cancel your Subscription at any time through your account settings on the Platform. 4.4.2. Upon cancellation, your Subscription will remain active, and you will retain full access to the paid features until the end of your current paid billing period. You will not be charged for any subsequent billing periods. 4.4.3. CASTD is not obligated to provide any refunds or credits for partial months of service, or for periods where your account was unused while active. 4.5. Failed Payments and Grace Period: 4.5.1. If a recurring payment fails, we will attempt to re-process the payment via our payment processor. 4.5.2. We provide a short grace period during which you can update your payment information and settle the outstanding balance. We will notify you of the payment failure. 4.5.3. If the payment is not successfully made by the end of the grace period, your Subscription will be considered lapsed. For Talent Users, a lapsed subscription will result in your profile being hidden from public view and search results until the Subscription is reactivated. 4.6. Refunds: All fees paid for Subscriptions are non-refundable, except as required by applicable law or as explicitly stated in these Terms. We do not provide pro-rata refunds for cancellations made mid-cycle.
5. Obligations of Talent Users
5.1. Profile Accuracy: You shall ensure that all information in your profile and portfolio, including but not limited to your skills, experience, physical attributes, and portfolio work (User Content), is accurate, truthful, and not misleading. 5.2. Professionalism: You agree to conduct all communications and interactions with Brands and other Users in a professional and respectful manner. 5.3. Fulfilling Agreements: You are solely responsible for negotiating and fulfilling the terms of any contract or agreement you enter into with a Brand User. Failure to deliver services as agreed may result in a report against your account and potential suspension or termination. 5.4. Availability: You are responsible for keeping your availability status on the Platform updated.
6. Obligations of Brand Users
6.1. Campaign Accuracy: You shall ensure that all information provided in a Campaign posting, including project scope, requirements, usage rights, and remuneration, is clear, accurate, and not misleading. 6.2. Professionalism: You agree to conduct all communications and interactions with Talent and other Users in a professional, non-discriminatory, and respectful manner. 6.3. Payment to Talent: You are solely responsible for paying Talent for their services as per the terms of the separate contract you enter into with them. CASTD is not involved in and bears no responsibility for payments between Brands and Talent. 6.4. Legitimate Use: You agree to use the Platform to source Talent for legitimate, professional creative projects only. The Platform may not be used for any purpose that is illegal, exploitative, or violates these Terms.
7. Acceptable Use of the Platform
7.1. You agree to use the Platform only for its intended purposes: to facilitate connections between creative talent and brands for professional projects. 7.2. You shall comply with all applicable laws, regulations, and industry standards in your use of the Platform and in any projects arranged through it. 7.3. You agree to respect the intellectual property rights of other Users by not using their User Content outside the scope of evaluation for a potential project without a proper license or contract.
8. Prohibited Conduct
You agree not to do, or attempt to do, any of the following: 8.1. Use the Platform for any unlawful purpose or in violation of any local, national, or international law. 8.2. Post, upload, or distribute any User Content that is defamatory, libellous, inaccurate, unlawful, pornographic, obscene, threatening, abusive, harassing, hateful, or racially or ethnically offensive. 8.3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. 8.4. Scrape, data-mine, or harvest any information from the Platform by any means not authorized by CASTD (e.g., through our official APIs, where provided). 8.5. Engage in any form of spamming, including sending unsolicited messages, enquiries, or applications. 8.6. Attempt to circumvent the Platform's messaging or application systems to avoid record-keeping. 8.7. Share your account login credentials with any third party or allow any third party to access your account. 8.8. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 8.9. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform. 8.10. Reverse engineer, decompile, or disassemble any part of the Platform's software or underlying code.
9. User Content and Intellectual Property Rights
9.1. Your Ownership: You retain all ownership rights to your User Content. We do not claim any ownership over your photographs, videos, profile text, or any other materials you upload. 9.2. License Grant to CASTD: By uploading User Content to the Platform, you grant CASTD a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify (e.g., for formatting purposes), display, perform, distribute, and publish your User Content. This license is for the limited purpose of operating, providing, promoting, and improving the Platform and its Services. This license ends when you delete your User Content or your account, subject to our data retention policies and the fact that removed content may persist in backups for a reasonable period. 9.3. License Grant to Other Users: By making your profile and portfolio public, you grant other Users (specifically Brands) a limited, non-exclusive license to view your User Content for the sole purpose of evaluating your suitability for a potential Campaign or project. This license does not grant any rights to use, reproduce, or distribute your User Content for any other purpose without a separate, direct agreement with you. 9.4. Representations and Warranties: You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to publish the User Content you submit; and the posting of your User Content on the Platform does not and will not violate the privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property rights or other rights of any person.
10. In-Platform Messaging
10.1. The Platform provides a secure messaging feature to facilitate communication between Users. You agree to use this feature for professional communications related to Campaigns and creative collaborations. 10.2. You may share attachments as necessary for project discussions. You are responsible for any content you share. 10.3. While we do not routinely monitor private messages, we reserve the right to access, review, and moderate messages if a report is filed, a dispute arises, or if we have reason to suspect a violation of these Terms or illegal activity, or as required by law. 10.4. Do not use the messaging system to exchange personal contact information for the purpose of disintermediation or to arrange payments in a way that contravenes any agreement.
11. Contracts Between Users
11.1. CASTD is a Venue: The Platform is a neutral venue that connects Brands and Talent. CASTD is not an employment agency, agent, or employer. 11.2. Direct Contracts: Any agreement, whether verbal or written, for the provision of creative services is a contract made directly between the Brand User and the Talent User. CASTD is not a party to any such contract. 11.3. No Responsibility: CASTD is not responsible for and disclaims all liability arising from or related to any contracts between Users. This includes, but is not limited to, disputes over payment, quality of work, deadlines, usage rights, or non-performance. We encourage all Users to enter into clear, written agreements for all projects. 11.4. Contract Storage: The Platform may offer a feature to store contracts between Users. This is provided as a convenience only. It is your responsibility to maintain your own copies of all important legal documents.
12. AI Contract Tools Disclaimer
12.1. FOR INFORMATIONAL PURPOSES ONLY: The AI Contract Advisor/Checker/Creator and other AI Tools on the Platform are provided for general informational and educational purposes only. They are automated tools and are not a substitute for professional legal advice. 12.2. NOT LEGAL ADVICE: The output of the AI Tools does not constitute legal advice, recommendations, or endorsements. CASTD is not a law firm, and our employees and AI Tools are not acting as your attorney. 12.3. NO GUARANTEE OF ACCURACY OR SUITABILITY: The information and draft clauses generated by the AI Tools may not be accurate, complete, up-to-date, or suitable for your specific circumstances. Contract law is complex and varies by situation. 12.4. SEEK INDEPENDENT LEGAL ADVICE: We strongly and unequivocally advise you to consult with a qualified, independent legal professional before creating, signing, or relying on any contract, whether generated by our AI Tools or otherwise. Your use of the AI Tools is at your own sole risk. 12.5. NO LIABILITY: CASTD disclaims any and all liability for any loss or damage, of any kind, arising from your use of or reliance on the AI Tools. You agree that you will not hold CASTD responsible for any issues arising from contracts created or reviewed using these features.
13. Social Media Statistics
13.1. The Platform may display social media follower counts and other statistics on Talent profiles. This information is obtained in one of two ways: 13.1.1. Via Official APIs: Where a Talent User connects their social media account using official OAuth (Open Authorization) protocols provided by the social media platforms. In this case, we only receive access to public profile information and follower counts. We never ask for, receive, or store your social media passwords. 13.1.2. Manually Provided: Where a Talent User manually enters their follower counts. 13.2. CASTD does not guarantee the accuracy of social media statistics, especially those entered manually. We are not responsible for fluctuations in follower counts or for any discrepancies. Brands should perform their own due diligence.
14. User Verification
14.1. CASTD may, at its discretion, offer features to help verify a User's identity or credentials (e.g., ID verification checks). 14.2. However, CASTD does not endorse any User and does not guarantee the truthfulness or accuracy of any User's identity, profile information, or User Content. We encourage you to use caution and common sense and to conduct your own due diligence when interacting with others on the Platform.
15. Reports, Disputes, and Moderation
15.1. Reporting Issues: If you encounter a User or User Content that you believe violates these Terms, please use the reporting features on the Platform or contact us at [Contact email]. 15.2. Investigation: CASTD will investigate reports in a timely manner. We reserve the right, in our sole discretion, to determine the appropriate action, which may include issuing a warning, removing content, or suspending or terminating the account(s) involved. 15.3. Disputes Between Users: As stated in Section 11, CASTD is not a party to disputes between Users regarding their direct contracts. We will not arbitrate or mediate such disputes. Our moderation role is limited to enforcing these Platform Terms.
16. Suspension and Termination
16.1. Termination by You: You may terminate your account at any time by following the instructions in your account settings. This will result in the deletion of your profile and User Content, subject to our data retention policies. 16.2. Suspension and Termination by CASTD: We may suspend or terminate your account and your access to the Platform, at our sole discretion, with or without notice, for reasons including, but not limited to: 16.2.1. A breach of any provision of these Terms. 16.2.2. Failure to pay Subscription fees after the grace period. 16.2.3. Engaging in fraudulent, harassing, or illegal activities. 16.2.4. Providing false or misleading information. 16.2.5. A request from law enforcement or other government agencies. 16.2.6. Extended periods of inactivity (for non-subscribed accounts). 16.2.7. Actions that cause or may cause harm or liability to CASTD or other Users. 16.3. Effect of Termination: Upon termination, your right to use the Platform ceases immediately. Your profile and User Content will be removed from public view. We shall not be liable to you or any third party for any termination of your access to the Platform. Any provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17. Fees and Payments
17.1. All Subscription fees are as stated on the Platform at the time of purchase. We reserve the right to change our prices, but we will provide you with advance notice of any fee changes. 17.2. All payments are processed securely by Stripe. You agree to provide Stripe with valid and updated payment information. By subscribing, you authorize us (through Stripe) to charge your payment method on a recurring monthly basis. 17.3. No Commission: CASTD does not take any commission or percentage fee from the contracts or payments made between Brands and Talent. Our revenue is solely from User Subscriptions.
18. Limitation of Liability
18.1. "AS IS" Service: THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CASTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 18.2. No Guarantee: WE DO NOT GUARANTEE THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE. 18.3. Cap on Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CASTD, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (III) ANY CONTENT OBTAINED FROM THE PLATFORM; (IV) ANY DISPUTES BETWEEN USERS; AND (V) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. 18.4. Maximum Liability: IN NO EVENT SHALL CASTD'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM EXCEED THE GREATER OF (A) ONE HUNDRED POUNDS STERLING (£100), OR (B) THE TOTAL AMOUNT OF FEES PAID BY YOU TO CASTD IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
19. Indemnification
You agree to defend, indemnify, and hold harmless CASTD, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defence and indemnification obligation will survive the termination of these Terms and your use of the Platform.
20. Third-Party Services
20.1. The Platform integrates with or may contain links to third-party websites or services that are not owned or controlled by CASTD, such as Stripe for payments and Google for authentication. 20.2. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that CASTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. Your use of these third-party services is governed by their respective terms and policies. 20.3. Cookies: Our Platform uses essential cookies for authentication, session management, and Stripe checkout functionality. We also use local storage to save your language preference. We do not currently use advertising cookies. By using the Platform, you consent to the use of these necessary cookies. For more information, please see our Privacy Policy.
21. Changes to these Terms
21.1. CASTD reserves the right, at our sole discretion, to modify or replace these Terms at any time. 21.2. We will provide you with reasonable notice of any material changes, either by posting a notification on the Platform or by sending an email to the address associated with your account. 21.3. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Platform and cancel your Subscription.
22. Governing Law and Jurisdiction
22.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 22.2. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms.
23. Contact Information
For any questions, complaints, or reports regarding these Terms and Conditions, please contact us.
Company Legal Name: [Company legal name] Company Number: [Company number] Registered Address: [Registered address] Contact Email: [Contact email]
Effective Date: [Effective date]