Terms and Conditions

of use of the TRAMA platform.

Table of contents

1. Identification and acceptance
2. Object and description of the service
3. Definitions
4. Access, registration and validation
5. General conditions of use applicable to all users
6. Specific conditions for actors and actresses
7. Specific conditions for agents and agencies
8. Specific conditions for casting directors
9. Confidentiality and closed communication model
10. Intellectual property and licences of use
11. Monetisation model and reservation of premium functionalities
12. Regime of breach, suspension and account deletion
13. Limitation of liability
14. Personal data protection
15. Amendments to the Terms and Conditions
16. Assignment and term
17. Governing law and jurisdiction
18. General provisions

1. Identification and acceptance

These Terms and Conditions (hereinafter, the “T&Cs”) govern the access and use of the TRAMA platform (hereinafter, the “Platform”), owned by:

Concept	Details
Holder	Mr. Antonio García Romero
Spanish ID (DNI/NIF)	48687751V
Address	Calle Iglesia 14, p1/1, Aldaia (Valencia), 46960, Spain
Email	contacto@somostrama.ai
Platform	trama.ai

Access to the Platform and, in particular, registration as a user, entail the express, full and unreserved acceptance of these T&Cs, as well as of the Legal Notice, the Privacy Policy and the Cookie Policy, all of them accessible from the Platform itself.

A user who does not agree with these T&Cs shall refrain from using the Platform.

2. Object and description of the service

TRAMA is a professional platform for the management of cast selection processes (castings) for the audiovisual industry. The Platform facilitates the functional connection between actors and actresses, agents and talent agencies, and casting directors, within the structured framework of selection processes.

The Platform provides, among others, the following functionalities:

• Building and management of professional profiles by actors and actresses.
• Linking between actors and verified agents.
• Creation, publication and management of castings and roles by casting directors.
• Application of actors and agents to published roles (applications).
• Management of the lifecycle of applications, including shortlisting, evaluation, confirmation and rejection.
• Specific modalities of confidential casting with an invitation regime and non-disclosure agreements.
• System of operational notifications associated with the relevant events of the process.

The Platform DOES NOT offer direct messaging services between users. Operational communication is channelled exclusively via system notifications, as detailed in Section 9.

3. Definitions

For the purposes of these T&Cs, the following terms shall have the meaning indicated below:

Term	Definition
Platform / TRAMA	The digital service described in Section 2, accessible via the trama.ai domain and the corresponding mobile applications.
Controller	Mr. Antonio García Romero, holder of the Platform.
User	Any natural person who accesses or registers on the Platform, in any of the functional roles provided.
Actor / Actress	User registered under the functional role of actor or actress.
Agent	User registered under the functional role of agent or talent agency.
Casting Director (CD)	User registered under the functional role of casting director.
Casting	Audiovisual project created by a Casting Director in which one or more roles are published for selection.
Role	Specific character or part defined by the Casting Director within a casting, to which actors may apply.
Application	Application of an actor to a specific role, managed on the Platform with its different states.
Self-tape	Video recorded by the actor as a specific response to a test request for a role.
NDA	Non-Disclosure Agreement that may be required in confidential castings.
Professional verification	Process by which the Controller’s administration team validates the user’s professional belonging to the audiovisual sector.

4. Access, registration and validation

4.1. Access requirements

Access to the Platform is reserved to persons over 18 years of age. Registration requires the verification of the user’s date of birth, and access is not permitted to those who have not reached the age of majority.

The Platform is available exclusively to users residing in those jurisdictions in which the Controller has completed the applicable local procedures. The list of enabled jurisdictions is detailed in the Privacy Policy of the Platform.

4.2. Registration modality

Registration on the Platform is open and free of charge. Any person of legal age may initiate the registration process, without the need for prior invitation.

Registration requires the choice of a functional role (actor, agent, casting director), which will be immutable once the account has been created. The erroneous choice of role will require the user to delete their account and register again with the correct role.

4.3. Professional validation

Once the initial registration process has been completed, the user’s account will remain in a status pending professional validation. The Controller’s administration team will manually review the documentation provided by the user to verify their belonging to the audiovisual industry:

• Actors and actresses: professional CV in PDF format and, optionally, a verification video.
• Agents: up to three PDF documents (cover letter, recommendation, others).
• Casting directors: up to three PDF documents (cover letter, recommendation, others).

Until the account is approved, the user will have restricted access to the functionalities of the Platform. The validation or rejection of the account will be communicated to the user by email.

4.4. Rejection of validation

The Controller reserves the right to reject the validation of any registration request when, in view of the documentation provided, it considers that professional belonging to the audiovisual industry is not sufficiently accredited or there are reasonable grounds of security, integrity or legitimate interest of the Platform.

In case of rejection, the user will be informed and may, if they so wish, provide new documentation for a new review.

5. General conditions of use applicable to all users

5.1. Truthfulness of data

The user warrants the truthfulness and accuracy of the data provided when registering and when using the Platform, assuming responsibility for any prejudice arising from the provision of false, inaccurate or outdated data.

5.2. Confidentiality of credentials

The user is responsible for the safekeeping of their access credentials. The Controller is not liable for damages arising from the misuse of credentials by third parties, except in cases of breach by the Controller of the security measures.

5.3. User conduct

The user undertakes to use the Platform in accordance with the applicable legislation, these T&Cs, the Legal Notice and the customary rules of professional good faith. In particular, the user undertakes to:

• Not to use the Platform for purposes other than the professional ones described in Section 2.
• Not to contribute defamatory, obscene, threatening, discriminatory or illicit content.
• Not to impersonate the identity of another person nor use the Platform under a false identity.
• Not to interfere with the technical operation of the Platform nor attempt to gain unauthorised access to systems or data.
• Not to perform scraping, reverse engineering, decompilation or massive copying activities of the contents of the Platform.
• Not to use the Platform to send unsolicited commercial communications to other users.
• Not to provide personal data of third parties without having obtained their prior authorisation, as detailed in the Privacy Policy.

5.4. User-contributed content

The contents contributed by the user (profiles, photographs, videos, CVs, letters, professional data, etc.) are the sole responsibility of the user themselves, who warrants:

• To have the necessary rights for their contribution to the Platform.
• The suitability of the content for the professional purposes of the service.
• The accuracy of the data relating to third parties mentioned or represented, where applicable.

The Controller reserves the right to remove from the Platform any content that it considers contrary to these T&Cs, to the applicable legislation or to good professional practices of the sector, with prior notice to the user, except where the urgency or seriousness of the situation requires immediate removal.

5.5. Account deletion

The user may request the deletion of their account at any time, from the Platform itself. The request will activate the anonymisation procedure described in the Privacy Policy.

6. Specific conditions for actors and actresses

6.1. Profile building

Actors and actresses build their professional profile by voluntarily providing professional information customary in the sector, including professional identity, physical data, languages, skills, training, credits and audiovisual material. Details on the processing of each category of information are described in the Privacy Policy.

6.2. Profile visibility

The actor’s or actress’s profile is NOT public on the Internet nor indexable by search engines. Its visibility is restricted to:

• Casting directors to whom the actor has applied, or who have invited the actor in a confidential casting.
• The agent assigned to the actor, by virtue of an express link accepted by the actor themselves.
• Administration personnel of the Controller, exclusively within the scope described in the Privacy Policy.

6.3. Applications

The actor may apply to the roles published on the Platform, subject to the restrictions applicable to each type of casting (open, restricted, confidential). In restricted castings, only the agents linked to the actor may apply on their behalf.

An application submitted by the actor may be withdrawn by them at any time, while the application has not reached the “confirmed” status. The withdrawal does not generate any liability for the actor.

6.4. Self-tapes and audiovisual material

When a role requires the contribution of a self-tape, the actor may provide the material in accordance with the technical procedure of the Platform. Before contributing the first self-tape, the actor will receive specific information about the regime of processing of the material, including:

• The possibility of downloading the file by the casting director to whom it is addressed.
• The regime of automated deletion of TRAMA’s copy 15 days after the closure of the casting.
• The casting director’s assumption of their responsibility as an independent Controller over the downloaded file.

6.5. Linkage with an agent

The actor may accept the representation of an agent or agency upon their invitation. The acceptance is performed actively by confirming the invitation received. The actor may revoke the representation link at any time, in accordance with the functionalities of the Platform.

7. Specific conditions for agents and agencies

7.1. Roster

The agent manages their roster of represented actors by inviting existing actors or future users of the Platform. Joining the roster requires the express acceptance of the actor.

7.2. Application on behalf of the actor

The agent may apply to roles on behalf of the actors who have expressly accepted their representation. The application on behalf of the actor does not require additional authorisation for each application, being understood as included within the general scope of the representation.

The agent undertakes to act in the interest of the represented actor and in accordance with the general instructions that the latter may have communicated.

7.3. Access to the actor’s data

The agent accesses the full professional profile of the actors they have agreed to represent. The agent undertakes to:

• Use the actor’s data exclusively for the purpose of their professional management.
• Not to share the data with third parties unrelated to the selection process without the actor’s authorisation.
• Respect the actor’s will as regards the applications submitted on their behalf.

7.4. Termination of the link

Both the actor and the agent may terminate the representation link at any time, in accordance with the functionalities of the Platform. Active applications at the time of the termination of the link will be transferred to the actor, in accordance with the technical procedure of the Platform.

8. Specific conditions for casting directors

Special legal consideration — Independent controller of the processing. Casting directors exercise, in relation to the personal data of the actors to whom they access through the Platform, their own processing for their own professional purposes (the selection of cast for their production company or client). Consequently, casting directors have the status of independent Data Controllers with respect to the processing operations they carry out with the data accessed through the Platform. The acceptance of these T&Cs implies the express acceptance of this status.

8.1. Creation and management of castings

The casting director may create castings and roles within the Platform, subject to the technical and functional limits established. The casting director is the sole responsible for the content published in their castings, including the truthfulness of the information about the production, the dates, the data of the director, the production company and any other data relating to the project.

8.2. Confidential castings and NDA

The casting director may designate a casting as confidential, in which case the specific functionalities provided will apply (invitation to actors, concealment of identification data of the project, NDA management).

When a confidential casting requires the signing of a non-disclosure agreement (NDA), the document will be provided by the casting director or the production company, without TRAMA assuming any responsibility for the content of the NDA, its legal validity or the consequences of its signing. The Platform acts exclusively as a technical intermediary for the signing and archiving.

8.3. Confirmation of applications

The confirmation of an application by the casting director implies access to the contact data of the actor or of their agent. The confirmation is irreversible save intervention of the Controller’s administration team. The casting director undertakes to use the contact data exclusively for the professional purposes of the selection process.

8.4. Specific obligations of the casting director

By virtue of their status as independent Controller of the processing, the casting director undertakes to:

• Process the personal data of actors in accordance with the GDPR, the LOPDGDD and the data protection legislation applicable to their jurisdiction.
• Not to use the data for purposes other than cast selection.
• Not to share the data with third parties unrelated to the selection process without the actor’s authorisation.
• Respect the retention periods that TRAMA applies on its Platform.
• Safeguard downloaded files (including self-tapes) with appropriate security measures and delete them upon completion of the process for which they were provided.
• Directly handle the requests for the exercise of rights that actors may address to them, in their status as Controller of the processing they carry out with the data.

9. Confidentiality and closed communication model

As a differential element of the service, the Platform DOES NOT offer direct messaging functionality, chat or internal email between users. All operational communication related to the selection process is channelled exclusively through the Platform, by means of automatic system notifications.

Users acknowledge and accept that this closed architecture constitutes a conscious choice of the Controller and an essential characteristic of the service, aimed at maximising the protection of personal data and structuring professional interactions within the controlled framework of the selection flows.

All information that the user accesses through the Platform about other users or processes shall be treated with due professional confidentiality. Users undertake not to disclose such information outside the strictly professional scope for which it is received.

10. Intellectual property and licences of use

10.1. Ownership of the Platform

The entirety of the software, design, brand, logos, source code, databases, navigation structure and any other element of the Platform susceptible to protection by intellectual or industrial property legislation is owned by the Controller or by third parties who have authorised its use. Its use does not imply the transfer of any right to the user.

10.2. User-contributed content

The user retains ownership of the contents they contribute to the Platform. The contribution implies the granting to the Controller of a limited, non-exclusive, royalty-free, worldwide and revocable licence — by deletion of the content or of the account — for the use of the content for the sole purpose of providing the service described in the Platform.

This licence includes, in particular, the faculty to:

• Store the content in the technical infrastructure of the Controller and its data processors.
• Display the content to other verified users with a functional relationship to the selection process.
• Make technical copies necessary for the operation of the service (cache, backup, redundancy).
• Adapt the technical format of the content when necessary for its proper display.

The licence does NOT include the use of the content for commercial, advertising or marketing purposes of the service itself without prior obtaining of an additional, specific and unambiguous consent for such purposes.

11. Monetisation model and reservation of premium functionalities

As of the effective date of these T&Cs, access to the Platform and the use of its functionalities is free of charge for all users. The Controller does not apply any monetisation model on users.

Without prejudice to the foregoing, the Controller expressly reserves the right to introduce in future versions of the Platform premium or paid functionalities, which may affect one or several of the functional roles (actors, agents, casting directors). In such case:

• Premium functionalities will be offered as an additional layer to the essential free service.
• The corresponding specific conditions governing their contracting, prices, payment methods, right of withdrawal (where applicable) and other relevant terms will be published.
• Users will be informed with reasonable notice of the introduction of such functionalities.
• The introduction of premium functionalities will not affect the essential functionalities currently free of charge.

The acceptance of these T&Cs does not imply any obligation of the user to contract future premium functionalities, which will, where applicable, require the specific acceptance of the applicable conditions.

12. Regime of breach, suspension and account deletion

The user’s breach of these T&Cs, of the Legal Notice or of the Privacy Policy, as well as any conduct contrary to the applicable legislation or to good professional practices of the sector, may give rise to the application of the following sanctioning regime:

12.1. Prior notice

For minor or remediable breaches, the Controller will communicate to the user, by email, the conduct detected and the remediation required within a reasonable period. If the user remedies the conduct within the granted period, no additional measure will be applied.

12.2. Account suspension

For repeated, unremediated or more serious breaches, the Controller may temporarily suspend the user’s account for a period proportionate to the seriousness of the breach. During the suspension:

• The user will not be able to access the operational functionalities of the Platform.
• The user’s active applications will likewise be suspended.
• The user’s data will be retained in accordance with the Privacy Policy.

The suspension will be communicated to the user by email, indicating the reasons, the foreseen duration and the conditions, where applicable, for the reactivation of the account.

12.3. Account deletion

For serious breaches, those repeated despite the foregoing measures, or those constituting illicit conduct, the Controller may proceed to the definitive deletion of the user’s account. The deletion will activate the anonymisation procedure described in the Privacy Policy.

The following shall be considered serious breaches, without limitation:

• Identity impersonation.
• Provision of false or fraudulent verification documentation.
• Use of the Platform for illicit purposes or contrary to public order.
• Repeated abusive or discriminatory conduct towards other users.
• Attempted unauthorised access to the technical infrastructure of the Platform.
• Unauthorised commercialisation of the data of other users.

12.4. Right of appeal

A user affected by a measure of suspension or deletion may appeal the decision by means of a reasoned communication addressed to the email address contacto@somostrama.ai within fifteen (15) calendar days from the notification of the measure.

The Controller will analyse the appeal and communicate the decision to the user within one (1) month from receipt. If the decision confirms the measure, the user may exercise such legal actions as they deem appropriate. If the decision revokes the measure, the account will be reactivated or restored as appropriate.

13. Limitation of liability

13.1. Service availability

The Controller will adopt reasonable measures to ensure the continuous availability of the Platform, without being able to assume a commitment of uninterrupted service. Possible interruptions due to scheduled maintenance, technical incidents or causes outside the Controller’s control will not generate liability for the Controller, except in cases of wilful misconduct or gross negligence.

13.2. User-contributed content

The Controller is not liable for the contents contributed by users, which are the sole responsibility of the latter. The Controller acts as a provider of intermediary services in accordance with article 16 LSSI-CE, without a general obligation to monitor content.

13.3. Interactions between users

The Controller is not liable for the interactions, agreements, contracts or controversies that arise between users of the Platform as a consequence of or derived from the use of the service. The Platform facilitates the functional connection between users but is not a party to the professional relationships they may establish.

13.4. General limitation

Without prejudice to the imperative rights recognised to the user by consumer protection legislation, the liability of the Controller towards the user shall be limited to the direct damages actually suffered. Indirect damages, loss of profits, loss of opportunities or indirect reputational damage are excluded.

This limitation shall NOT apply in cases of wilful misconduct or gross negligence of the Controller, nor in those other cases in which the limitation of liability cannot be validly excluded under applicable law.

14. Personal data protection

The processing of users’ personal data is governed by the Privacy Policy of the Platform, which forms an integral part of these T&Cs and is fully applicable to the contractual relationship. The acceptance of the T&Cs implies the knowledge and acceptance of the Privacy Policy.

15. Amendments to the Terms and Conditions

The Controller reserves the right to amend these T&Cs to adapt them to the evolution of the service, legislative developments, jurisprudential requirements or operational needs. Amendments will be published on the Platform with reasonable notice prior to their entry into force.

When the amendments materially affect the rights or obligations of the user, they will be specifically notified by email or equivalent means. The continued use of the Platform after the elapse of the notice period will imply the acceptance of the amendments. The user who does not accept the new conditions may request the deletion of their account before the amendments enter into force.

16. Assignment and term

The user may not assign their contractual position arising from these T&Cs to third parties without the prior written consent of the Controller.

The contractual relationship arising from these T&Cs shall have an indefinite term while the user maintains their account active on the Platform. The deletion of the account, on the initiative of the user or of the Controller in accordance with the regime of Section 12, shall imply the termination of the contractual relationship, without prejudice to the obligations that by their nature must subsist.

17. Governing law and jurisdiction

These T&Cs are governed by Spanish law.

For the resolution of any controversy arising from these T&Cs, the Parties, with express waiver of any other forum that may correspond to them, submit to the Courts and Tribunals of Valencia capital.

Notwithstanding the foregoing, where the user has the status of consumer in accordance with applicable legislation, the competent jurisdiction shall be the one which by legal mandate corresponds to the consumer’s domicile, in accordance with article 90.2 of Royal Legislative Decree 1/2007, of 16 November.

For users residing outside Spain, the submission to the jurisdiction of the Courts of Valencia shall be understood without prejudice to the imperative rules of consumer protection or jurisdiction that apply under the legislation of their place of residence.

18. General provisions

18.1. Partial invalidity

If any of the clauses of these T&Cs is declared null, voidable or inapplicable by a competent authority, the remaining clauses shall maintain their full validity. The Parties shall negotiate in good faith the substitution of the affected clause for another that pursues the same economic and legal end, within the applicable legal framework.

18.2. Waiver

The failure to exercise or the delayed exercise by either of the Parties of a right arising from these T&Cs shall not constitute a waiver thereof, unless the affected Party expressly manifests its intention to waive the right by written communication.

18.3. Single text

These T&Cs, together with the Legal Notice, the Privacy Policy and the Cookie Policy, constitute the entirety of the agreement between the Parties in relation to the use of the Platform, superseding any previous agreement or understanding, verbal or written, on the same subject matter.

18.4. Communications

Communications from the Controller to the user shall be made to the email address provided by the user at the time of registration or at any subsequent moment. Communications from the user to the Controller shall be made to the email address contacto@somostrama.ai or to the postal address indicated in Section 1.

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Document prepared in accordance with Spanish Law 34/2002 (LSSI-CE), Royal Legislative Decree 1/2007 (LGDCU), Regulation (EU) 2016/679 (GDPR), Spanish Organic Law 3/2018 (LOPDGDD) and the applicable civil and commercial legislation.