# Terms of Service
**Effective Date:** April 1, 2026
**Last Updated:** April 1, 2026
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## 1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between **Auditions Manager, LLC** ("Auditions Manager," "we," "us," or "our") and the organization or business ("Company," "you," or "your") that registers for and uses the Auditions Manager platform.
**By creating an account or using our services, you represent that you are authorized to bind your organization to these Terms.** If you do not agree to these Terms, do not use the Service.
Auditions Manager is a **business-to-business (B2B) platform**. Individual actors who submit audition materials do so through portals hosted by subscribing companies and are subject to those companies' own policies. These Terms govern the relationship between Auditions Manager and subscribing companies only.
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## 2. Description of Service
Auditions Manager provides a web-based software-as-a-service (SaaS) platform that allows performing arts organizations, theater companies, and casting teams to:
- Create and manage auditions and casting calls
- Configure registration requirements and custom questionnaires
- Collect actor submissions, headshots, resumes, and video auditions
- Schedule time slots and manage waiting lists
- Communicate with registered actors
- Export and analyze audition data
Auditions Manager is **not** a talent agency, casting agency, or actor marketplace. We do not represent actors, facilitate employment contracts, or act as an intermediary between actors and employment opportunities. We are solely a software platform.
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## 3. Account Registration and Eligibility
### 3.1 Eligible Users
The Service is available to legally formed organizations and businesses only. You must:
- Be a legal entity (corporation, LLC, partnership, sole proprietorship, nonprofit, or equivalent)
- Have authority to enter into binding contracts on behalf of your organization
- Be at least 18 years old if you are an individual sole proprietor
Individual actors may not create Company accounts. Actors interact with the platform only through audition portals created by subscribing companies.
### 3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activity that occurs under your account
- Notifying us immediately at **legal@auditionsmanager.com** if you suspect unauthorized access
We reserve the right to suspend accounts that show signs of compromise or misuse.
### 3.3 Accurate Information
You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
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## 4. Subscription Plans and Billing
### 4.1 Plans
Auditions Manager offers subscription plans on a monthly or annual basis. Current pricing and plan features are displayed at checkout and on our pricing page. We reserve the right to change plan pricing with 30 days' notice to existing subscribers.
### 4.2 Payment Processing
All payments are processed by **Stripe, Inc.** We do not store your credit card number or payment credentials. By subscribing, you agree to Stripe's terms of service. You authorize us to charge your payment method on a recurring basis for your selected plan.
### 4.3 Auto-Renewal
Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You will receive a renewal reminder by email before annual plan renewals.
### 4.4 Cancellation
You may cancel your subscription at any time from your account settings or by contacting us at **support@auditionsmanager.com**. Cancellation takes effect at the end of your current billing period. You will retain full access to the Service through the end of the paid period.
### 4.5 Refund Policy
- **Monthly subscriptions:** No refunds for partial months.
- **Annual subscriptions:** If you cancel within 14 days of your initial purchase or annual renewal, you may request a prorated refund for the unused months. After 14 days, no refunds are issued.
- Refund requests must be submitted to **support@auditionsmanager.com**.
### 4.6 Failed Payments
If a payment fails, we will retry the charge and notify you by email. If payment is not resolved within 7 days, your account may be suspended until payment is received. Data is retained during suspension for up to 90 days.
### 4.7 Taxes
Prices do not include applicable taxes. You are responsible for all taxes, duties, and government fees applicable to your subscription.
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## 5. Content and Data Ownership
### 5.1 Your Content
You retain all ownership rights to:
- Audition configurations, descriptions, and questions you create ("Company Content")
- Actor submissions collected through your audition portals (headshots, resumes, videos, answers)
By using the Service, you grant Auditions Manager a limited, non-exclusive, royalty-free license to store, process, display, and transmit your content solely as necessary to provide the Service to you.
### 5.2 Actor Submissions
Actors who submit materials through your portals own their own content. As the company operating the audition portal, you are responsible for obtaining any consents required from actors for your use of their submissions, including consents required for minors.
### 5.3 No Sale of Your Data
We do not sell your data or actor submission data to third parties. Data is used solely to operate and improve the Service.
### 5.4 Auditions Manager IP
The Auditions Manager platform, software, trademarks, logos, and related materials are owned by us. Nothing in these Terms grants you any ownership interest in the platform itself.
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## 6. Acceptable Use
You agree not to use the Service to:
- Collect data from actors for any purpose other than legitimate audition or casting management
- Discriminate against actors on the basis of race, color, sex, national origin, religion, disability, or any other characteristic protected by applicable law
- Transmit or store illegal content, including content that violates copyright, defames individuals, or constitutes harassment
- Use automated scripts, bots, or scrapers to access the platform
- Attempt to gain unauthorized access to any system, account, or data
- Reverse-engineer, decompile, or disassemble the Service
- Use the Service to send unsolicited communications (spam)
- Impersonate another company or person
- Violate any applicable local, state, national, or international law
We reserve the right to suspend or terminate accounts that violate this section without refund.
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## 7. Service Availability
We will use commercially reasonable efforts to maintain the availability of the Service. However, we do not guarantee uninterrupted or error-free operation. Scheduled maintenance will be communicated in advance when practical. We are not liable for downtime caused by factors outside our reasonable control, including internet infrastructure failures, acts of God, or third-party service outages.
We do not offer a formal Service Level Agreement (SLA) with uptime credits at this time.
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## 8. Data Retention and Export
### 8.1 During Subscription
Your data (audition configurations, actor registrations, files) is retained and accessible while your subscription is active.
### 8.2 After Cancellation
Following cancellation or termination of your subscription:
- Your data will be retained for **90 days**.
- During this period, you may request a data export by contacting **support@auditionsmanager.com**.
- After 90 days, your data will be permanently deleted from our systems.
### 8.3 Data Export
You may request an export of your audition data and actor information in a machine-readable format at any time during your active subscription. Exports are provided on a commercially reasonable basis and may take up to 5 business days.
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## 9. Confidentiality
Each party agrees to keep the other's non-public business information confidential and not to disclose it to third parties except as required by law or with the other party's written consent.
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## 10. Privacy
Our collection and use of personal data is governed by our **Privacy Policy**, incorporated herein by reference. By using the Service, you agree to our Privacy Policy.
As a company using our platform to collect actor data, you act as a **data controller** for actor personal information. Auditions Manager acts as a **data processor** on your behalf. For enterprise customers requiring a formal Data Processing Agreement (DPA), please contact **legal@auditionsmanager.com**.
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## 11. Third-Party Services
The Service integrates with the following third-party services:
| Service | Purpose |
|---------|---------|
| Stripe, Inc. | Payment processing |
| Postmark (Wildbit LLC) | Transactional email delivery |
| Cloudflare, Inc. (R2) | File storage and CDN |
| Hetzner Online GmbH | Cloud infrastructure/hosting |
Your use of the Service may be subject to the terms and privacy policies of these providers. We are not responsible for third-party service failures, but we will notify you promptly of known outages that materially affect the Service.
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## 12. Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE FREE OF ERRORS, VIRUSES, OR INTERRUPTIONS.
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## 13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- AUDITIONS MANAGER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES YOU PAID TO AUDITIONS MANAGER IN THE **12 MONTHS PRECEDING THE CLAIM**.
- IN NO EVENT SHALL AUDITIONS MANAGER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
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## 14. Indemnification
You agree to indemnify, defend, and hold harmless Auditions Manager and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any applicable law or third-party rights
- Actor data you collect through the platform and your handling of that data
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## 15. Termination
### 15.1 By You
You may terminate your account at any time. See Section 4.4 (Cancellation) for the effect on billing.
### 15.2 By Us
We may suspend or terminate your account with reasonable notice (typically 30 days) for material breach of these Terms that you fail to cure within 15 days of written notice. We may terminate immediately for illegal use, non-payment, or actions that threaten the security or integrity of the platform.
### 15.3 Effect of Termination
Upon termination:
- Your access to the Service will end.
- Your data will be retained for 90 days, after which it will be permanently deleted.
- You may request a data export during the 90-day retention period.
- Sections 5 (Content and Data Ownership), 12 (Warranty Disclaimer), 13 (Limitation of Liability), 14 (Indemnification), 16 (Dispute Resolution), and 17 (Governing Law) survive termination.
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## 16. Dispute Resolution
### 16.1 Informal Resolution
Before initiating formal proceedings, you agree to contact us at **legal@auditionsmanager.com** to attempt to resolve any dispute informally. We will attempt to resolve disputes within 30 days.
### 16.2 Binding Arbitration
If informal resolution fails, any dispute arising out of or related to these Terms or the Service shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.
### 16.3 Class Action Waiver
YOU AND AUDITIONS MANAGER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
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## 17. Governing Law and Venue
These Terms are governed by the laws of the **State of Delaware**, United States, without regard to its conflict-of-law principles. For matters not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.
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## 18. Modifications to Terms
We may modify these Terms at any time. For **material changes**, we will provide at least **30 days' notice** by email to the address on your account and/or by posting a notice in the platform dashboard. Your continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you may cancel your subscription before the effective date.
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## 19. General Provisions
- **Entire Agreement:** These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and Auditions Manager regarding the Service.
- **Severability:** If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full effect.
- **Waiver:** Our failure to enforce any provision does not waive our right to enforce it in the future.
- **Assignment:** You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
- **Force Majeure:** Neither party is liable for delays or failures caused by circumstances beyond their reasonable control.
- **Notices:** Legal notices to us must be sent to **legal@auditionsmanager.com**.
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## 20. Contact Information
**Auditions Manager, LLC**
Email: **legal@auditionsmanager.com**
Support: **support@auditionsmanager.com**
*Note for Founder: Please add the company mailing address here before publication.*