TERMS AND CONDITIONS OF USE OF ARTIST MANAGEMENT

1. Provider identification

These Terms and Conditions govern the contracting and use of Artist Management, a SaaS platform owned by:

Owner: MARIO SÁNCHEZ MATÓ

Tax ID (NIF/CIF): 46651201W

Address: C/ Tetuan, 103, 08203 Sabadell (Barcelona), Spain

Email address: comunicaciones@artistmanagement.app

Hereinafter, “Artist Management”, the “Platform”, the “Service” or the “Provider”.

2. Acceptance of the terms

The contracting, registration, access to or use of Artist Management implies the express acceptance of these Terms and Conditions, as well as the Privacy Policy, Cookie Policy, Data Processing Addendum, Security Measures and, where applicable, any specific commercial terms accepted by the Client.

If the person accepting these terms acts on behalf of a company, agency or organisation, that person declares that they have sufficient authority to bind such entity contractually.

3. Definitions

Client: the company, agency, professional or organisation that contracts Artist Management.

Authorised User: a natural person authorised by the Client to access the Platform.

Talent: an actor, actress, model, extra, minor, representative or any person whose data is entered by the Client into the Platform.

Client Data: information, documents, images, videos, texts, communications, databases, personal data or any other content uploaded, managed or generated by the Client in the Platform.

Services: the functionalities offered by Artist Management, including talent management, casting management, profiles, documents, photographs, videos, selections, shared links, communications, clients, billing, support, training and any other available modules.

4. Purpose of the Service

Artist Management provides a SaaS platform for the professional management of representation agencies, enabling, among other features:

– Managing talent profiles.

– Centralising photographs, videos, professional data and documents.

– Creating and managing castings, roles, selections and statuses.

– Sharing information with clients or third parties through links.

– Managing casting-related communications.

– Organising documentation and availability.

– Facilitating internal processes for representation agencies.

The specific functionalities will depend on the contracted plan, the account configuration and the applicable commercial terms.

5. B2B nature of the Service

Artist Management is mainly aimed at companies, agencies and professionals. Unless expressly stated otherwise, the Service is not intended for end consumers.

The Client declares that it contracts the Service within the framework of its business or professional activity.

6. Registration and user account

In order to access the Service, it will be necessary to create an account or receive access credentials.

The Client undertakes to:

– Provide accurate and up-to-date information.

– Keep its credentials secure.

– Not share users or passwords with unauthorised persons.

– Immediately notify any improper use, loss or unauthorised access.

– Keep the list of Authorised Users up to date.

The Client shall be responsible for all activity carried out through its user accounts, unless it can prove a failure exclusively attributable to Artist Management.

7. Plans, prices and payments

Use of Artist Management is subject to payment of the fees, prices or commercial terms applicable at any given time.

The prices, billing period, usage limits, included functionalities, taxes and payment method shall be those indicated in the commercial proposal, contracting process, invoice or document accepted by the Client.

Unless otherwise agreed:

– Fees shall be billed monthly or annually.

– Amounts do not include taxes, unless expressly stated.

– Non-payment may result in suspension or cancellation of the Service.

– Amounts paid are non-refundable unless required by law or expressly agreed.

8. Free trials, demos and promotions

Artist Management may offer free trial periods, demos or commercial promotions.

Such conditions may be subject to time, functional or usage limitations.

Once the trial period has ended, access may be suspended or converted into a paid subscription if this was duly informed and accepted during the contracting process.

9. Client obligations regarding data entered into the Platform

The Client is responsible for all data, documents, images, videos, texts and content that it enters or manages in the Platform.

In particular, the Client warrants that:

– It has a valid legal basis for processing the personal data it enters.

– It has duly informed the talent, representatives, clients, workers, collaborators or affected third parties.

– It has the consents, authorisations or rights necessary to upload, store, use or share images, videos, documents, CVs, professional data or any other content.

– It will not enter excessive, unlawful, inaccurate or unnecessary data.

– It will keep the information up to date where necessary.

– It will handle the data protection rights that correspond to it as data controller.

– It will not use the Platform for unlawful, discriminatory, abusive purposes or purposes contrary to applicable regulations.

Artist Management does not decide what data the Client enters, for what purpose it processes such data or with whom it shares it. The Platform provides the technical tool for the Client to manage its professional activity.

10. Data relating to minors

When the Client uses Artist Management to manage personal data relating to minors, the Client declares and warrants that it has the necessary legal basis for such processing.

In particular, the Client shall be responsible for obtaining, retaining and being able to evidence, where applicable, the authorisation or consent of the minor’s parents, legal guardians or representatives.

The Client shall also be responsible for properly informing legal representatives about the use of the Platform, the purpose of processing, the recipients of the data and the applicable rights.

Artist Management may incorporate functionalities designed to facilitate the management of minors’ data, but it does not replace the Client’s legal responsibility towards minors or their legal representatives.

11. Image rights, photographs and videos

The Client warrants that it has the necessary authorisations to upload, store, process, reproduce, share or send photographs, videos, audio files, books, CVs, composites or any other image or voice material relating to talent.

The Client shall be responsible for defining the recipients of such materials and ensuring that their use complies with the authorisations obtained.

Artist Management shall not be liable for claims arising from lack of authorisation, improper use or unauthorised communication of images, videos or materials entered by the Client.

12. Shared links and communications to third parties

The Platform may allow the generation of links, presentations, selections, profiles or materials shareable with clients, producers, casting directors or other third parties.

The Client shall be responsible for:

– Deciding what information it shares.

– Determining the recipients.

– Verifying that it has authorisation to share such information.

– Avoiding the sharing of sensitive or unnecessary data.

– Revoking or limiting links when they are no longer necessary.

Artist Management may establish technical protection measures, but the Client must use these functionalities responsibly.

13. Acceptable use

The Client undertakes not to use the Platform for:

– Unlawful activities.

– Infringing third-party rights.

– Uploading content without authorisation.

– Processing personal data without a legal basis.

– Hosting malware, viruses or malicious code.

– Performing reverse engineering, scraping, attacks, unauthorised penetration testing or improper access.

– Overloading the Platform.

– Attempting to access data belonging to other clients.

– Circumventing security measures.

– Using the Platform to send spam or unsolicited communications.

– Processing special categories of data without sufficient legal basis.

Artist Management may suspend access if it detects use contrary to these terms, applicable regulations or the security of the Platform.

14. Ownership of Client Data

Client Data shall remain the property of the Client or of the corresponding third parties.

Artist Management does not acquire any ownership rights over Client Data.

The Client grants Artist Management a limited, non-exclusive authorisation necessary to host, process, transmit, display, technically copy, back up and manage such data only to the extent necessary to provide the Service.

15. Intellectual property of the Platform

Artist Management retains all intellectual and industrial property rights over the Platform, software, code, designs, databases, documentation, trademarks, logos, processes, interfaces and functionalities.

The Client receives only a limited, temporary, revocable, non-exclusive and non-transferable right of use while its subscription remains active.

Copying, modifying, distributing, reselling, sublicensing, decompiling, reverse engineering or exploiting the Platform without express authorisation is prohibited.

16. Availability, maintenance and evolution of the Service

Artist Management shall make reasonable efforts to keep the Platform available.

However, the Client accepts that interruptions may occur due to:

– Scheduled maintenance.

– Updates.

– Technical incidents.

– External providers.

– Third-party attacks.

– Force majeure.

– Connectivity problems not attributable to Artist Management.

Artist Management may modify, improve, expand, replace or withdraw functionalities, provided that such changes do not deprive the contracted Service of its essential content.

17. Support and training

Support and training shall be governed by the “Support and Training / SLA” document published by Artist Management or by any specific terms agreed with the Client.

Support requests should preferably be channelled through soporte.artistmanagement.app.

A request for a new functionality does not imply an automatic obligation to develop it, unless expressly agreed in writing.

18. Suspension of the Service

Artist Management may suspend access to the Service, in whole or in part, when:

– There is non-payment.

– Unlawful or abusive use is detected.

– It is necessary to protect the security of the Platform.

– The Client breaches these terms.

– There is a legal or administrative requirement.

– There is a risk to other clients, systems or third parties.

Where reasonably possible, Artist Management will notify the Client in advance.

19. Cancellation and termination

The Client may cancel the subscription in accordance with the applicable commercial terms.

After cancellation, access to the account may be deactivated. Artist Management may retain the data for a limited period in order to allow export, address legal responsibilities, resolve incidents, comply with tax obligations or maintain technical backups.

Once the applicable periods have expired, the data may be deleted or anonymised in accordance with the Privacy Policy and the Data Processing Addendum.

20. Confidentiality

The parties undertake to keep confidential all non-public information to which they have access as a result of contracting or using the Platform.

This obligation shall remain in force even after the contractual relationship has ended.

Information that is public, already lawfully known by the receiving party, or required to be disclosed by law shall not be considered confidential information.

21. Data protection

The processing of personal data shall be governed by the Privacy Policy and, where Artist Management processes personal data on behalf of the Client, by the Data Processing Addendum.

The Client acknowledges that, with respect to data relating to talent, representatives, clients and third parties entered into the Platform, it normally acts as data controller, while Artist Management acts as data processor.

22. Limitation of liability

To the maximum extent permitted by law, Artist Management shall not be liable for:

– Casting, selection or hiring decisions made by the Client or third parties.

– Incorrect, incomplete or unauthorised data entered by the Client.

– Improper use of links shared by the Client.

– Legal breaches by the Client towards talent, minors, clients or third parties.

– Indirect losses, loss of profit, loss of opportunities, reputational damage or claims arising from the professional use of the information.

– Incidents caused by external providers, internet connection, Client devices or improper use of the Platform.

The total liability of Artist Management, except in cases of wilful misconduct, gross negligence or liability that cannot legally be limited, shall be limited to the amount actually paid by the Client during the [3/6/12] months prior to the event giving rise to the claim.

23. Modification of the terms

Artist Management may modify these Terms and Conditions to adapt them to legal, technical, commercial or functional changes.

When the changes are substantial, the Client shall be informed with reasonable notice via the website, email or notification within the Platform.

Continued use of the Service after the changes take effect shall imply acceptance of such changes.

24. Applicable law and jurisdiction

These Terms are governed by Spanish law.

Unless applicable regulations provide otherwise, the parties submit to the Courts and Tribunals of Sabadell.