Terms of Use

Terms of Use

1. Provider, scope and business customers

ProfileOS is business software for model and talent agencies and freelance models. It is provided by Daniel Rödl, Entrepreneur, Amperstr. 4 93057 Regensburg, established in Germany (“Provider”, “we”). Contact: daniel.roedl@getprofileos.com. These Terms of Use govern every contract for ProfileOS between the Provider and its customer (“Customer”). By registering, ordering or using ProfileOS, the Customer accepts these Terms. They apply only to businesses and self-employed professionals acting for purposes related to their trade or profession; consumers may not register. Model and talent agencies and freelance models may use ProfileOS only in their professional business capacity. Our offer is aimed exclusively at businesses (agencies and freelance models). A person accepting these Terms confirms that they are authorised to bind the Customer.

2. The service and accounts

ProfileOS provides hosted workspace, profile, booking, calendar, customer, finance, media and chat functions according to the selected package and the current documentation. No uninterrupted or error-free availability is promised; maintenance, security events and circumstances outside reasonable control may affect the service. The Customer must keep credentials secure, configure permissions appropriately, use current devices and notify the Provider promptly of any suspected compromise. Actions under an account are attributed to the Customer unless the Customer proves unauthorised use that it could not reasonably prevent.

ProfileOS provides tools solely for data entry and internal documentation. ProfileOS does not provide banking, escrow, trust or payment services. The user is required to maintain accounts and clearing items exclusively for itself or for companies affiliated with it under corporate law. Managing third-party funds or holding any funds in trust or escrow is prohibited. The user shall indemnify ProfileOS against all claims arising from any misuse or unlawful use.

3. Ownership of the service

ProfileOS – including its software, design, texts, documentation, trademarks and all further developments – remains the exclusive property of the Provider and its licensors. For the term of the contract, the Customer receives a non-exclusive, non-transferable right, without the right to sublicense, to use ProfileOS for its own business purposes in accordance with these Terms. The Customer may not copy, sell, rent out or make ProfileOS available to anyone outside its own team, decompile it, circumvent its security measures or use it to build a competing product, except where mandatory law permits this.

4. Free trial, prices and payment

An approved account receives a free 14-day trial. Registration and the trial create no subscription and no charge. After the trial, continued use requires a paid plan; if no paid plan is ordered and paid, access is locked after a grace period of 28 days. The prices, currency, taxes, billing period (monthly or yearly) and payment methods shown at checkout or in the order apply. Fees are payable in advance for each billing period.

5. Orders and payment processing

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Orders paid in cryptocurrency – and, where offered, orders paid by bank transfer to an invoice issued directly by the Provider – are concluded with the Provider, who handles customer service enquiries and refunds for these orders.

6. Term, renewal and cancellation

A paid plan runs for the billing period selected at checkout. Subscriptions processed by our online reseller (payment by card, Apple Pay, Google Pay or bank transfer) renew automatically for the same billing period at the price then applicable until they are cancelled. Billing periods invoiced and paid directly to the Provider (for example in cryptocurrency) do not renew automatically; they are extended by paying the renewal invoice. The Customer can cancel at any time through the customer portal of our online reseller, in its account where this option is shown, or by email to daniel.roedl@getprofileos.com; the cancellation takes effect at the end of the current paid billing period, and access continues until then. Price changes are announced in advance and apply from the next billing period; the Customer may cancel before they take effect.

7. Refunds

Refunds are governed by our Refund Policy, which forms part of these Terms. Mandatory statutory rights remain unaffected.

8. Late payment, suspension and termination

If a payment fails or is not made when due, the Provider reminds the Customer. If the amount is still outstanding after a grace period of 28 days, the Provider may suspend access until payment is received; the data remains stored during the suspension. The Provider may suspend or terminate an account with immediate effect in case of fraud or suspected fraud, abusive chargebacks, a serious security risk, or a serious or repeated breach of these Terms, in particular of Sections 9 and 10. Either party may terminate the contract for material breach after any legally required cure period. The Customer may end the contract at any time with effect from the end of the current paid billing period. After the end of the contract, data is handled as described in the Privacy Policy and the Data Processing Addendum.

9. Customer data, rights and consents

The Customer retains its rights in customer data and grants the Provider the limited rights necessary to host, transmit, back up, secure and otherwise provide the service. The Customer is solely responsible for the lawfulness, accuracy and origin of its data and for obtaining and documenting every necessary licence, consent, notice and legal basis. For every person shown in photos, videos or documents, the Customer must hold all rights and consents required by law. To the extent permitted by law, the Customer will indemnify the Provider against third-party claims caused by the Customer’s unlawful content or use, except to the extent caused by the Provider.

10. Acceptable Use

ProfileOS may only be used for lawful professional purposes. The Customer must not upload, store, process, transmit through chats, request, promote or facilitate in particular:

• anything that endangers, exploits or harms minors;
• content or activity connected with human trafficking, forced labour, coercion or exploitation;
• unlawful depictions of violence, threats, harassment, hateful or racist content;
• media or data for which the required rights, licences or consents are missing, or that infringe the rights of others;
• false or manipulated media of real people that was created or is used without their consent;
• weapons or drug trafficking, money laundering, fraud, illegal goods or services or any other illegal transaction;
• malware, spam, phishing, scraping, unauthorised access or any other interference with the security or operation of ProfileOS.

Prohibited businesses. ProfileOS may not be used for, or to organise, manage or advertise, adult, erotic or sexual services or content, escort or companionship services, or dating services, nor for any other activity that is unlawful or not permitted under the acceptable use policies of our payment partners. We may suspend or close accounts that breach this section.

11. Moderation, reports and enforcement

The Provider may receive and investigate reports, request information, preserve evidence where legally required, restrict access, remove content, suspend or terminate accounts immediately, delete data subject to legal retention duties, and report matters to the competent authorities where reasonably required or permitted. Measures will be proportionate to the suspected or confirmed risk where circumstances allow. Contact daniel.roedl@getprofileos.com to report suspected illegal content. The Customer must cooperate with lawful investigations.

12. Confidentiality, privacy and data processing

Each party must protect the other party’s confidential information and use it only for the contract. The Privacy Policy explains the processing for which the Provider is controller. Where the Provider processes personal data on the Customer’s documented instructions, the Data Processing Addendum forms part of the contract.

13. Liability

The Customer controls its users, permissions, communications and content. The Provider is not responsible for the Customer’s business, services, representations, unlawful instructions, misuse of the system or user-generated content. To the maximum extent permitted by law, liability for indirect or consequential loss, lost profit, lost revenue and lost opportunity is excluded, and any remaining aggregate contractual liability is limited to the fees paid for the affected service during the twelve months preceding the event. Nothing excludes or limits liability that cannot lawfully be excluded, including liability for intent or gross negligence where applicable, death or personal injury, fraud, product liability or other mandatory statutory liability. Any limitation applies only to the extent valid under the governing law.

14. Changes, governing law and contact

The Provider may amend these Terms for security, legal or service reasons with reasonable advance notice unless urgent action is required. Continued use after the effective date constitutes acceptance only where legally valid; otherwise consent will be requested. Invalid provisions are replaced only to the minimum extent necessary and the remainder continues. Governing law: Germany. Agreed venue, subject to mandatory rules: Regensburg. Contact: daniel.roedl@getprofileos.com.