Legal
Terms of Service
Last Modified: 21. February 2026
Welcome to Spotcast. These Terms of Service ("Terms") govern your access to and use of the Spotcast platform, website, services, and any related content (collectively, the "Service") provided by Spotcast OG ("Spotcast", "we", "us", or "our"), a general partnership registered in Austria. By accessing or using the Service, you agree to be legally bound by these Terms. If you do not agree, please refrain from using the Service.
1. Definitions
"Platform" means the Spotcast online marketplace connecting talent with clients for booking services.
"Talent" means individuals or entities offering services through the Platform (speakers, athletes, chefs, entertainers, etc.).
"Client" means individuals or entities seeking to book talent through the Platform.
"Booking" means an arrangement between Talent and Client for services facilitated through the Platform.
"Service Fee" means the commission charged by Spotcast for facilitating bookings.
2. Acceptance of Terms
By creating an account, making a booking, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
3. Eligibility and Account Registration
3.1 Eligibility
To use our services, you must meet the following requirements:
- You must be at least 18 years old
- You must have the legal capacity to enter into binding agreements
- You must provide accurate and complete information
- You are responsible for maintaining account security
3.2 Subscription Plans
Spotcast offers a single account type for all users. To list talent profiles on the platform, you must subscribe to one of our paid plans:
- Connect: Basic features for talent listing and booking management
- Engage: Enhanced features including priority support and additional tools
- Impact: Premium features with dedicated support, advanced analytics, and maximum visibility
The number of talent profiles you can list is purchased separately based on your needs and is independent of the plan level. Subscription fees are billed monthly or annually as selected.
You are responsible for maintaining accurate and current information in your account, keeping your login credentials secure, and notifying us immediately of any unauthorized access.
4. Platform Services
4.1 Services Provided
Spotcast provides a marketplace platform that connects talent with clients seeking their services. Our services include:
- Talent Profiles: Create and manage talent profiles to showcase services, experience, and availability
- Booking Management: Tools for handling inquiries, offers, confirmations, and scheduling
- Payment Processing: Secure payment handling through Stripe, including payouts to talent via Stripe Connect
- Communication: Integrated messaging between talent and clients
- Analytics: Performance insights and booking statistics (availability varies by subscription plan)
- AI-Powered Features: Search suggestions, content writing assistance, and offering generation powered by OpenAI (see our Privacy Policy for details on data processing)
4.2 User Obligations
All users are obligated to provide accurate and truthful information, maintain professional standards in all interactions, respond to booking requests and communications promptly, fulfill confirmed bookings as agreed, make payments as agreed, and comply with all applicable laws and regulations.
5. Booking Process and Policies
5.1 Booking Process
Bookings can be initiated by either party — clients submit booking requests, and talent may send invitations. The booking process follows these steps:
- Inquiry (Pending): A booking request is submitted with event details and requirements
- Offer (Offered): The talent reviews the inquiry and responds with a quote including pricing and terms
- Confirmation (Approved): The client accepts the offer, confirming the booking and reserving the date
- Service Delivery: The talent provides services as agreed on the event date
- Completion & Payment: After the event, the booking is marked as completed and the client is prompted to pay within 14 days
- Review: The client may leave a rating and review, which appears on the talent's profile
5.2 Booking Terms
All bookings are subject to talent availability, and specific terms are agreed between talent and client. While Spotcast facilitates the booking process, we do not guarantee service delivery. Disputes are resolved according to our dispute resolution process.
5.3 Exceptional Booking Statuses
- Declined: The talent declines the inquiry — the booking is closed
- Canceled: Either party cancels a pending or approved booking — cancellation fees may apply (see Section 5.4)
- Expired: No response within the required timeframe, or the offer was not accepted before the event or lead time
- Past Due: Payment was not received within 14 days after completion, or payment failed
5.4 Cancellation Policy
Client Cancellations: The following cancellation fees apply based on the number of days remaining until the event:
- More than 60 days: No cancellation fee
- 31 to 60 days: 20% of the agreed booking price
- 15 to 30 days: 50% of the agreed booking price
- 14 days or fewer: 100% of the agreed booking price
Cancellation Process: When canceling an approved booking, the cancellation fee (if applicable) must be paid before the cancellation is finalized.
Force Majeure: Cancellations due to circumstances beyond control, such as natural disasters or government restrictions, are handled on a case-by-case basis and may result in fee waivers.
5.5 Talent Performance Requirements
Professional Standards: All talent must maintain professional standards throughout their engagement, including:
- Punctuality: Arrive at the designated location at least 30 minutes before the scheduled start time
- Sobriety: Be completely sober and not under the influence of alcohol or drugs during the performance
- Professional Appearance: Dress appropriately for the event and maintain a professional demeanor
- Equipment: Bring all necessary equipment and materials as agreed upon in the booking
- Communication: Maintain clear and professional communication with the client
- Content Delivery: Deliver the agreed-upon content, presentation, or performance as specified in the booking
- Confidentiality: Respect any confidentiality requirements communicated by the client
Response Requirements: Talent must respond to booking inquiries within a reasonable timeframe. Consistently failing to respond may result in reduced visibility on the platform.
Failure to Meet Standards: If talent fails to meet these requirements, the client may request a refund or rescheduling, and the talent may be subject to penalties including reduced platform visibility, temporary suspension, or permanent removal from the platform.
6. Payment Terms
6.1 Service Fees
Spotcast charges a service fee on each completed booking, which is deducted from the talent's payout:
- Standard Service Fee: 20% of the booking value
Loyalty Program: Talent who consistently complete bookings through the platform qualify for reduced service fees through our Loyalty Program. The program features multiple tiers (Beginner, Bronze, Silver, Gold, Platinum, Diamond, Emerald), each unlocking progressively lower service fees as talent reach booking milestones. At the highest tier, service fees can be reduced to as low as 50% of the standard rate.
Loyalty status is calculated automatically based on the number of successfully completed bookings and applied to all future bookings. Current tier status and progress to the next tier can be viewed in the talent dashboard.
6.2 Payment Processing
Payments are processed securely through Stripe. Talent receive payouts to their connected Stripe account, minus the applicable service fee. Refunds are processed within 5–10 business days. Currency conversion rates may apply for international transactions.
6.3 Payment Security
All payments are encrypted and secure, with PCI DSS compliant processing through Stripe. Dispute resolution for payment issues is handled through Stripe's dispute process.
7. Content and Intellectual Property
7.1 User Content
You retain ownership of content you upload to our platform, but you grant us a non-exclusive, worldwide license to use such content for platform operations (including displaying profiles, search indexing, and AI-powered features). You represent that you have rights to all content you upload, and we may remove content that violates these Terms.
7.2 Platform Content
All platform content is owned by Spotcast or licensed to us, with trademarks and logos being protected. Unauthorized use of platform content is prohibited.
7.3 Content Guidelines
Prohibited content includes illegal or harmful content, copyright infringement, defamatory or offensive material, spam or unsolicited communications, and content that violates platform policies.
8. Prohibited Activities
You agree not to violate any applicable laws or regulations, infringe on intellectual property rights, engage in fraudulent or deceptive practices, harass, abuse, or harm other users, attempt to circumvent platform security, use automated systems to access the platform without permission, compete with or replicate our services, or share false or misleading information.
9. Privacy and Data Protection
9.1 Data Collection
We collect and process personal data as described in our Privacy Policy, including account information, booking details, communication records, usage analytics, and payment information.
9.2 GDPR Compliance
Our data processing is based on lawful grounds, respects data subject rights, follows data retention policies, ensures secure international transfers, and implements appropriate security measures.
9.3 Third-Party Services
We use third-party services that may process your data, including Supabase for database and authentication, Stripe for payment processing, OpenAI for AI-powered features (search, content assistance), Google Analytics for website analytics (with your consent), Brevo for email communications, and Cloudflare for security and performance.
10. Dispute Resolution
10.1 Internal Resolution
Our dispute resolution process involves three steps: (1) Direct Communication, where parties attempt to resolve issues directly; (2) Platform Mediation, where Spotcast facilitates resolution; and (3) Escalation, where a formal dispute process is initiated if needed.
10.2 External Resolution
Austrian courts have jurisdiction over disputes. Alternative dispute resolution is available, and consumer protection rights are preserved.
EU Online Dispute Resolution: The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr.
11. Limitation of Liability
11.1 Service Limitations
The platform is provided "as is" without warranties, and we do not guarantee continuous availability. Our services depend on third-party services, and users are responsible for service quality.
11.2 Liability Limits
Our maximum liability is limited to the service fees paid in the 12 months preceding the event giving rise to the claim. We are not liable for indirect or consequential damages. Force majeure exclusions apply. These limitations do not affect mandatory consumer protection rights under Austrian or EU law.
12. Termination
12.1 Account Termination
Either party may terminate accounts with reasonable notice. Immediate termination may occur for serious violations. Data retention policies apply after termination, and the effect on active bookings is addressed on a case-by-case basis.
12.2 Service Suspension
We may temporarily suspend services for violations, with investigation procedures, appeal processes, and reinstatement conditions in place.
13. Force Majeure
We are not liable for delays or failures due to circumstances beyond our control, including natural disasters, government actions, internet outages, third-party service failures, and pandemics or health emergencies.
14. Governing Law and Jurisdiction
14.1 Applicable Law
These Terms are governed by Austrian law, with EU regulations applying where relevant. Mandatory consumer protection laws of the user's country of residence apply where applicable.
14.2 Jurisdiction
The competent courts in Austria have jurisdiction. For consumers, the courts at the consumer's place of residence apply in accordance with applicable consumer protection law (§ 14 KSchG).
15. EU Consumer Rights
15.1 Right of Withdrawal
EU consumers have a 14-day right of withdrawal for distance contracts (§ 11 FAGG). This right does not apply once a service has been fully performed with the consumer's prior consent and acknowledgment that the right of withdrawal is lost. Refunds for valid withdrawals are processed within 14 days.
15.2 Consumer Protection
We provide transparent pricing and terms, fair contract terms, the right to information, and access to dispute resolution.
15.3 Online Dispute Resolution
EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
16. Modifications to Terms
We may modify these Terms at any time. We will notify users of material changes via email or platform notification at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.
17. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spotcast regarding the use of our services.
19. Effective Date
These Terms are effective as of the date of your acceptance and remain in effect until terminated in accordance with these Terms.