Terms of use

Scope

These terms of use apply to all persons and companies that use the Castgigs platform — as a creator with a profile, as a company with an account or as an employee of such a company. They apply from registration or from the first use after approval and for the entire duration of use.

Deviating or supplementary terms of a user do not become part of the contract, even if we do not expressly object to them. Individual agreements with a company (such as a data processing agreement or an agreement on terms) take precedence over these terms to the extent that they contradict them.

Which data the platform processes is set out in the privacy policy; the details of the operator are in the legal notice.

Roles: creators and companies

Creators are persons who publish their own content on channels such as Instagram, TikTok or YouTube or produce content for companies (influencers, UGC creators) and maintain a profile on the platform in order to enter into collaborations with companies. If an agency or management acts for a creator, the creator remains the contracting party; the agency must be authorised to represent the creator.

Companies (also “customers” or “brands”) are firms, brands and agencies that review creators on the platform, contact them and agree collaborations with them. A company acts through its employees with a user account; the company is responsible for their actions on the platform.

Castgigs operates the platform and acts as an intermediary between both roles. The operator may review, correct, approve and suspend profiles and accounts.

Services of Castgigs

Castgigs provides a matchmaking platform. This includes in particular:

• for creators: a profile with details on the person, channels, reach, content, terms and media; the verification of contact details and channels; control over which companies see the profile; messages with connected companies;
• for companies: reviewing creator profiles that are visible to them; connecting their own application mailbox (choosing the folders) and Instagram account, whose applications and enquiries the platform recognises and answers at the company’s choice — an enquiry from a sender who is not yet connected is only connected with an existing creator profile once the creator confirms this via the link in the reply; messages with connected creators; a public company profile.

Castgigs is not a contracting party to the collaboration. Whether and on what terms a creator and a company work together is agreed between the two of them. Castgigs owes the provision of the platform, not the conclusion of a collaboration, not its performance and not its success. Castgigs checks information as part of verification, but does not guarantee the accuracy of profile details, reach or company details.

We strive for high availability but do not owe any particular availability. Maintenance, updates and faults may make the platform temporarily unavailable; we announce planned maintenance where possible. We may develop, change or discontinue features as long as the core of the service — profile, visibility, communication — is preserved.

Registration and account

Application and approval

A profile or account is not created automatically. Creators apply via the form or via the link in the reply to an application email; companies submit a request via the form. Castgigs decides on approval; there is no entitlement to approval. In every case, approval requires confirmation of the mobile number by SMS code and of the email address.

Age

Creators must in principle be of legal age. Anyone who is under 18 according to the date of birth provided is not activated automatically; their profile remains invisible to companies. There is currently no procedure by which the platform itself obtains the consent of a parent or guardian. Castgigs may activate such a profile in individual cases if a parent or guardian has consented to its use by email (outside the platform) to support@castgigs.com and Castgigs has reviewed the profile in person; there is no entitlement to this. Users of a company account must be of legal age and designated by the company to use it. Anyone who makes declarations with effect for the company in the company account — such as concluding a data processing agreement or making a binding booking — confirms that they are authorised to do so.

Access

Creators log in with a link they receive by email or with a password they set themselves; employees of companies with email address and password. Both can set up a second factor. Access data must be kept secret and must not be passed on; login links are personal and must not be forwarded. Anyone who suspects that third parties have access to their account must report this without undue delay to support@castgigs.com.

One profile per person, one account per employee

Each creator maintains exactly one profile. A company may create several firms (such as brands of a group); each employee maintains a personal account that is linked to one or more firms. Accounts must not be shared.

Obligations of users

All users undertake

• to provide true and up-to-date information — on the person, the firm, channels, reach, audiences and terms — and to update it when it changes;
• to state and connect only their own channels. Passing off other people’s channels as one’s own, inventing reach or presenting purchased followers, likes or interactions as genuine is prohibited;
• to use the platform only for its purpose — initiating and carrying out advertising collaborations — and not for spam, advertising for third parties, poaching, collecting contact details or other purposes unrelated to the platform;
• not to post any content that infringes the rights of third parties (copyright, trademark or personality rights) or the law, and no offensive, discriminatory content or content harmful to minors;
• not to impair the security of the platform — no automated queries, no reading out (scraping) of profiles, no attempts to circumvent access restrictions;
• to comply with applicable law, in particular the labelling requirements for advertising (Switzerland: Unfair Competition Act, UWG; Germany: UWG, Interstate Media Treaty, MStV; Austria: UWG, Media Act, MedienG) and, in the case of minors, the provisions on the protection of minors.

Indemnification. Anyone who triggers third-party claims against Castgigs by breaching these obligations — for example because they uploaded photos without the rights or provided false information — indemnifies Castgigs against these claims, including the reasonable costs of legal defence, to the extent that they are responsible for the breach.

Content, photos and videos

Content that users post — texts, photos, videos, logos — remains their property. The creator warrants that they hold the necessary rights to uploaded photos and videos: the copyright or a licence and, for persons depicted, their consent.

By uploading, the user grants Castgigs a non-exclusive, free-of-charge right, revocable at any time, to store the content on the platform, to process it technically (formats, preview images, virus scan) and to display it to the users for whom the profile is visible. Displaying photos and videos to companies requires the separate consent of the creator (image rights). It can be revoked at any time with effect for the future — by email to datenschutz@castgigs.com; after that, the files are no longer shown to companies. The creator can remove any file themselves at any time in the profile; it is then deleted from storage.

Companies may view a creator’s photos, videos and profile details within the platform in order to decide on a collaboration. Any use outside the platform — in campaigns, on their own channels, in presentations or pitches — requires a separate agreement with the creator.

Castgigs may remove content or make a profile invisible if it violates these terms or the law or if there is a substantiated report from third parties. The user concerned is informed to the extent permitted by law.

Verification

Castgigs checks information at several levels: mobile number and email address by code, the address by comparison with an address service, channels by connecting the account with the network (currently Instagram). Numbers that come from a connected Instagram account are shown to companies with the label “von Instagram” (from Instagram); other numbers are self-reported by the creator and recognisable as such.

The “blue check mark” (verification badge) is awarded at the creator’s request after Castgigs has reviewed the profile in person — whether the channel belongs to the person, the numbers are correct and the profile is complete. It is a snapshot of this review, not a guarantee of the lasting accuracy of the information and not a recommendation. There is no entitlement to the badge; Castgigs may withdraw it if information proves to be incorrect or the proof of channel lapses.

Visibility and connections

A creator profile is visible to a company in exactly three ways:

1. Connection. If a creator applies to a company by clicking on the platform, or writes to its application mailbox or Instagram account and then agrees to the connection via the link in the reply, a connection is created and the company sees the profile. The creator can end the connection at any time under “Firmen → Meine Firmen” (companies → my companies); the company then no longer sees the profile and can no longer write. If the creator later applies again via the platform or redeems a link from a reply of the company (including an earlier one), the connection is revived. A company cannot restore an ended connection on its own initiative.
2. Open pool. With express consent, the profile becomes visible to all companies on the platform. Consent can be revoked at any time.
3. Individual release for a specific company, until the creator withdraws it.

Companies never see the date of birth (only the age), not the full address (only town and country) and no details on parents or guardians or security. A company can block a creator for itself; the creator then no longer appears in its search.

Communication via the platform

Creators and connected companies write to each other via the platform’s messaging function; the platform informs about new messages and requests by email. Replies to application emails and Instagram enquiries that a company receives via its connected mailbox or Instagram account are sent by the platform on behalf of the company — depending on the setting, after approval by an employee or automatically; the company determines the templates and is responsible for their content. No profile is created from an application; a profile is only created through the creator’s own registration.

Messages must remain factual and must not contain any content that violates these terms. Castgigs only reads conversations to examine reported misuse or at the request of one of the two parties. A conversation history remains readable for both parties after a connection has ended.

How companies handle creator data

Companies receive personal data of creators via the platform. They may use this data exclusively to initiate and carry out collaborations. In particular, it is prohibited to pass it on to third parties outside this purpose, to build their own creator databases from platform data, to make contact for advertising purposes without reference to a collaboration, and any use after the end of a connection that goes beyond carrying out a collaboration already agreed.

For its own further processing — notes, campaign planning, conclusion of contracts, invoicing — the company itself is the controller under data protection law and complies with the applicable provisions. For reading and answering the connected application mailbox, Castgigs acts as the company’s processor; the details are governed by the data processing agreement (agreement on data processing under Art. 9 of the Swiss Federal Act on Data Protection, DSG), which the company concludes when applying or a person with the role ‘Owner’ or ‘Admin’ concludes in the account.

A company only connects mailboxes and folders it is authorised to use and does not have private messages or messages unrelated to campaigns imported; anything that still comes in, it removes with “Remove from Castgigs” („Aus Castgigs entfernen“). The details are governed by the data processing agreement.

Remuneration and commission

Use of the platform — profile, visibility, communication, verification — is currently free of charge for creators and companies.

Bookings and settlement via the platform are not yet in operation. Until then, creators and companies agree on collaborations directly with each other, and Castgigs does not invoice any commission or other charges. Castgigs does not receive any creator fee for onward transfer; the company pays the fee directly to the creator.

When bookings are introduced, new terms will apply with a commission that the company pays to Castgigs in addition to the creator’s fee. We will send the new version by email in advance — with the complete version as a PDF, the changes and the effective date. It only applies after express acceptance and only to bookings confirmed afterwards. Collaborations agreed before then carry no commission.

Suspension and termination

By the user

Creators and companies can end their use at any time: creators by ending their connections, revoking their release for the open pool and requesting the deletion of their profile; companies by requesting the deletion of their account or firm. Requests to support@castgigs.com; anyone who only requests the deletion of their data can also contact datenschutz@castgigs.com directly (see privacy policy, “Your rights”). Collaborations already agreed and statutory retention obligations remain unaffected.

Creators can also withdraw from their contract (section “Right of withdrawal for creators”), also online at “Vertrag widerrufen” (withdraw from contract).

By Castgigs

Castgigs may temporarily suspend or permanently close a profile or account if a user violates these terms — in particular in the case of false information, other people’s or manipulated channels, infringements of rights, misuse of the messaging function or endangering security —, if unauthorised access is suspected or if an authority requires it. In the case of minor violations, we first request a remedy. Castgigs may also end the use with 30 days’ notice without giving reasons, for example if the platform is discontinued.

After use has ended, the profile or account is deleted or anonymised in accordance with the rules of the privacy policy.

Right of withdrawal for creators

Creators who use Castgigs as consumers have a statutory right of withdrawal; in Austria it is called the right of rescission (Rücktrittsrecht). Castgigs grants the same option to all creators, regardless of residence and status. This section does not apply to companies.

What a withdrawal does at Castgigs

The contract ends when the withdrawal is received; from then on, the profile is no longer visible to companies. After seven days, profile and data are deleted — in the same way and with the same exceptions as with “Konto löschen” (delete account) (see privacy policy, “Your rights”); until then, the creator can continue the contract by agreeing to these terms again. The creator has paid nothing for the free profile; there is therefore nothing to refund.

The “Vertrag widerrufen” (withdraw from contract) button is located in the creator area on every page in the sidebar (on the phone below the content) and under “Sicherheit” (security); without logging in, in the footer of the legal pages and below registration and login. Anyone who withdraws without logging in also receives an acknowledgement of receipt by email; we only delete the profile after we have checked that the declaration comes from the owner of the profile.

Liability

Castgigs is liable without limitation for damage it causes intentionally or through gross negligence and for personal injury. Liability for slight negligence is excluded to the extent permitted by law (Art. 100 of the Swiss Code of Obligations, OR); this applies in particular to lost profit, collaborations that did not materialise, loss of data that could have been avoided with reasonable own backups, and damage resulting from the temporary unavailability of the platform.

Castgigs is not liable for the conduct of users towards each other: not for the accuracy of profile and company details, not for the conclusion, performance or payment of a collaboration and not for content that users post or send. Castgigs is liable for auxiliary persons and service providers to the same extent as for its own conduct, to the extent that the law does not preclude such a limitation.

Mandatory statutory liability rules — in particular those in favour of consumers at the creator’s place of residence — remain unaffected.

Changes to these terms

Castgigs may change these terms if the platform, the legal situation or the business model changes — for example when bookings are introduced. We will send any new version by email, together with the complete version as a PDF, the changes and the effective date, even if it only brings improvements. We will announce changes that bring new obligations or costs at least 30 days in advance; they only apply once the new version has been expressly accepted. Silence or merely continuing to use the platform does not count as acceptance. Anyone who does not wish to accept a new version may stop using the platform at any time. The version in force, with its date, is available at castgigs.com/en/terms.

Applicable law and place of jurisdiction

Swiss law applies, excluding the conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with the use of the platform is Zurich, Switzerland.

Mandatory provisions for the protection of consumers at a user’s place of residence — namely mandatory places of jurisdiction and consumer protection provisions of the state of residence under the Lugano Convention and Art. 120 of the Swiss Federal Act on Private International Law (IPRG) — remain reserved.

Final provisions

Should any provision of these terms be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the valid provision that comes closest to its economic purpose. The same applies to gaps.

A change of contracting party only takes place to an existing company, identified by name, that continues to operate the platform. Castgigs will announce it at least 30 days in advance and, where required, obtain the users’ express consent. Bookings already confirmed will be completed by the previous contracting party. Users may not transfer their profile or account.

The German version of these terms is authoritative; this English version is a translation. We answer questions about them at kontakt@castgigs.com.