The Pending Agency
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Terms of Use

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The Pending Agency
Last Updated: 31 August 2026


1. Subject Matter


1.1 About The Pending Agency


The Pending Agency is an AI-powered platform operated by The Pending GmbH (Nestroystraße 13, 81373 Munich, Germany; Amtsgericht München HRB 315656; USt.-ID: DE360039760; represented by its Managing Directors Tim Kriegler and Niklas Kornel). These Terms of Use ("Terms") govern all use of The Pending Agency (the "Platform" or "Service") by you as a registered user.

The Platform is a software product serving two groups of users. It provides software tools to managers and software tools to artists — users on each side independently subscribe to the features relevant to their work. The Platform does not facilitate or process financial transactions between managers and artists; any commercial relationship between them is entirely independent of the Platform.

For managers, bookers, and casting professionals, core software features include:

  • Talent Finder — AI-assisted search and discovery of artists and creatives.
  • Roster — Your managed talent list, including private notes, lists, and manual profiles you create for artists not registered on the Platform.
  • Jobs — Create and manage job entities within your private workspace; job entities can optionally be set public to receive applications.
  • Spotty — AI assistant accessible via the Platform interface or email, capable of performing actions within the Platform on your behalf.
  • Project Manager — Organise job entities under Projects for team collaboration, automated applicant transfer to Roster, and structured casting workflows. Projects can optionally be set public.
  • Further tools — Application management and AI-assisted application analysis, calendar and scheduling, document management, email tools, invitations, and team features (co-admins, departments).

For artists and creatives, core software features include:

  • Job Finder — AI-assisted discovery of publicly accessible job entities matching your skills, location, and portfolio, including websites you ask the Platform to watch.
  • Application Assistant — AI-powered tool that auto-fills application forms and generates cover letters based on your portfolio.
  • Pocket CRM — Manage your client contacts and pipeline, including Client Finder, an AI-assisted tool that identifies potential new clients based on your profile.
  • Spotty — AI assistant for artists, supporting opportunity discovery, application drafting, and career management.
  • Portfolio — A portfolio page you can publish and share publicly.

Across both roles the Platform additionally offers private messaging and chat, in-app and email notifications, and a public job board and blog. Sections 3 and 3a govern their use. Features are added and changed over time; the Platform interface, not this list, is authoritative for what your plan currently includes.


1.2 Ownership and Operation


The Pending Agency is hosted and owned by The Pending GmbH. Use may be free or paid depending on your chosen subscription tier (see Section 5). All paid subscriptions are purchases of software access made directly from The Pending GmbH, which is the seller and merchant of record; payments are processed by Stripe as our payment processor.


1.3 Scope of These Terms


These Terms govern the relationship between you (the user) and The Pending GmbH. They apply to all features of the Platform. By registering or continuing to use the Platform, you agree to these Terms in full. Mandatory consumer-protection provisions of the law of your habitual residence remain unaffected.


2. Registration and User Account


2.1 Eligibility


  • You must be at least 18 years old and have full legal capacity to enter into a binding contract. You confirm both when you register.
  • Registration requires you to provide accurate personal information and agree to these Terms.

2.2 Account Creation


The contractual relationship begins once The Pending GmbH confirms your registration. You may register directly or via supported social login providers (Google, Apple, Microsoft). All registration data must be truthful, current, and complete.


2.3 Account Security


  • Keep your login credentials confidential.
  • You are responsible for all activity under your account.
  • If you suspect unauthorized use, notify us immediately at info@thepending.app and reset your credentials.

2.4 Prohibited Re-Registration


Multiple accounts or re-registration after termination by The Pending GmbH is prohibited.


3. Using The Pending Agency


3.1 Talent Finder


Our AI-assisted search software allows you to discover artists and creatives using filters and natural language queries. We strive to keep information accurate but cannot guarantee the completeness, reliability, or suitability of profiles listed, and search results are ranked and filtered automatically (Section 8).


3.2 Roster and Manual Profiles


Your Roster is your managed talent list. You can add registered Platform artists, create manual profiles for artists not yet on the Platform (including via intake links you share), and annotate profiles with private notes, lists, and comments for internal reference only. Sharing private or confidential information about artists without their consent is prohibited. When creating manual profiles, importing contacts, or sharing profiles through public links, you are responsible for ensuring you have a lawful basis under applicable data protection law (see Section 9).

People who have objected. Individuals who are not Platform users may ask us to stop surfacing them in search results and to delete the information we hold about them. Where someone has objected, we remove their record and will not return them in future searches. You must not re-add, re-import, or re-create a profile for a person you know has objected, and you must not use the Platform to contact them further. If we inform you that someone in your Roster has objected, you must delete any copy of their data you hold on the Platform. This does not affect information you obtained independently of the Platform, for which you remain solely responsible.


3.3 Jobs and Project Manager


You can create job entities as standalone Jobs or within a Project. Standalone Jobs are suitable for single-role or one-off castings. Projects allow you to group multiple job entities together, enabling team collaboration, structured workflows, and automatic transfer of accepted applicants to your Roster. Both job entities and projects are private by default; you may choose to set them public to receive inbound applications, including — where you enable those channels — submissions made on an artist's behalf by an agent or representative. In both cases you can manage incoming applications, communicate with candidates, and automate acceptance, rejection, or follow-up messages. You remain responsible for all content you make publicly accessible, including compliance with applicable employment laws, privacy regulations, and anti-discrimination rules in your jurisdiction. In particular, you must not use listing text, application forms, or search criteria to exclude candidates on the basis of a protected characteristic unless a genuine and lawful occupational requirement applies and you can demonstrate it.

Job and project management features are software tools provided as part of your subscription. They are not an advertising or job board service — The Pending GmbH does not charge per entity, per listing, or act as an intermediary in any hiring or booking transaction. The Platform may additionally display publicly available job listings collected from external sources; these originate from third parties, and we do not guarantee their accuracy or availability.


3.4 Spotty and AI Features


Spotty is an AI assistant that can operate within the Platform on your behalf — via in-app chat or by email sent to your unique Spotty inbox address. Spotty can perform actions such as reviewing applications, updating roster entries, or drafting messages. Actions that change data require your confirmation. You are responsible for reviewing any actions Spotty takes on your behalf. The Pending GmbH is not liable for errors resulting from ambiguous or incomplete instructions provided to Spotty.

Wherever you interact with an AI system on the Platform, this is marked in the interface, and AI-generated messages we send on your behalf are identified as AI-generated. Section 8 governs AI features in detail.


3.5 Messaging


The Platform provides private messaging and chat between users, including group conversations, message requests, and file attachments. Messages are private to their participants. The content rules in Section 3.6 apply to everything you send, and you can block users or report a message or user to us. Messaging may not be used for unsolicited bulk outreach.


3.5a Submissions on Behalf of Others


Where enabled, agents and representatives can submit artists they represent to a listing, and artists can submit themselves or a casting to an opportunity. If you submit information about another person, you warrant that you are authorised to represent them or otherwise entitled to submit their data, that the information is accurate, and that you have informed them. We may verify representation claims, and we may suspend access to these channels where submissions are unauthorised, inaccurate, or made at volume without a genuine mandate. An artist who has been submitted without authorisation can contact us to have the submission removed.


3.6 Respectful and Lawful Use


You must use the Platform in compliance with all applicable laws. You agree not to:

  • Create, publish, or transmit defamatory, offensive, pornographic, extremist, or unlawful content.
  • Infringe the intellectual property rights of third parties.
  • Harass, threaten, or violate the rights of others.
  • Transmit viruses, harmful code, or otherwise interfere with the Platform.
  • Use the Platform to collect or process personal data in ways not permitted by applicable law.
  • Use the Platform for mass marketing, unsolicited bulk messaging, automated social media engagement, telemarketing, referral or multi-level marketing schemes, or political or social campaigning.
  • Scrape, harvest, or systematically extract profiles or listings from the Platform.

3.7 Availability and Modifications


While we aim to keep the Platform continuously accessible, we may need to perform maintenance that temporarily restricts access. We may modify or replace features for compliance, security, or technical reasons, and will provide notice of major changes.


3.8 Partner Advertising


The Platform may display advertising from partner companies under our Partnership Program. Partner content is always clearly labeled as "Partner", is limited to at most one partner card per page view, and is matched exclusively against interests you have chosen yourself in your profile — or shown untargeted to all users. We never use behavioral profiles or your usage history to target advertising, and every partner card includes a "Why this?" explanation of why you are seeing it. Details of the related data processing are set out in our Privacy Policy.

Partner cards link to external third-party websites that are not operated by The Pending GmbH. We review partner creatives before publication but are not responsible for the content, products, services, or data practices of partner websites.

The booking of advertising placements by partner companies is a separate B2B service governed by the Partnership Terms & Conditions available on our partnerships site; it is not part of your subscription and does not affect your rights under these Terms.


3a. Content Moderation and Reporting (Digital Services Act)


3a.1 Points of Contact


Our single point of contact for users and for authorities under Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act) is service@thepending.app. Communication is accepted in German and English.


3a.2 Reporting Illegal Content


Anyone — whether or not they hold an account — may notify us of content on the Platform they consider illegal, using the report functions in the product or by emailing service@thepending.app with (i) an explanation of why the content is considered illegal, (ii) the exact location (for example the URL) of the content, (iii) their name and email address, except for notices concerning offences relating to child sexual abuse material, which may be submitted anonymously, and (iv) a statement that the notice is accurate and submitted in good faith. We confirm receipt, review notices diligently, objectively, and without undue delay, and inform the notifying party of our decision.


3a.3 Moderation and Statements of Reasons


We moderate content on the basis of these Terms and applicable law. Moderation combines human review with technical tools, including automated classification of inbound content. No content is permanently removed and no account is suspended solely by automated means without the possibility of human review.

Where we remove or restrict your content, suspend or terminate your account, or restrict the monetary aspects of the Service on content grounds, we will inform you of the reasons — including whether the decision was based on these Terms or on law, the facts relied on, and whether automated means were used — and of the redress available to you: a complaint to us at service@thepending.app, out-of-court dispute settlement where applicable, and judicial redress. Repeated submission of manifestly unfounded notices, or repeated provision of manifestly illegal content, may lead to suspension after prior warning.


4. User Content and Intellectual Property


4.1 Ownership of Content


You retain ownership of any text, images, audio, or other materials ("User Content") you create or upload — including portfolio content, applications, and messages. By submitting User Content, you grant The Pending GmbH a non-exclusive, worldwide, royalty-free license to store, display, reproduce, and process your content as needed to provide the Service, including display to the audiences you choose (for example a public portfolio page, a public listing, or preview images generated from your public content for sharing). This license ends when you delete the content or close your account, except where retention is required by law.


4.2 Third-Party Rights


You must ensure you hold all necessary rights and permissions for content you upload. You agree to indemnify and hold harmless The Pending GmbH from any third-party claims arising from your User Content.


4.3 Platform Rights


All intellectual property rights in the Platform (software, design, trademarks, branding) belong to The Pending GmbH. We grant you a limited, revocable, non-transferable license to use the Platform solely in accordance with these Terms.


5. Subscription Tiers and Payment


5.1 Subscription Plans


The Platform is available under subscription plans — for managers: Free, Light, Core, Professional, and Pioneer (access by invitation code); for artists: Free and paid Artist plans — plus add-ons (Teams, Credit Packs) and individually agreed Enterprise plans. Plans are offered monthly or yearly. Current pricing, features, and limits are described on the Platform at "Plans & Billing" and may be updated with notice. Prices shown to consumers include applicable VAT; prices addressed to business users may be shown net of VAT, which is added at checkout.

All revenue earned by The Pending GmbH comes exclusively from software subscription fees, metered AI credit usage ("PENs"), and clearly labeled partner advertising booked by companies under the Partnership Program (Section 3.8). The Pending GmbH earns no commission, placement fee, or revenue share from any connection, application, or hire made between managers and artists through the Platform.


5.2 Payment and Ordering


Your purchase contract is concluded directly with The Pending GmbH as seller and merchant of record. Payments are processed by Stripe Payments Europe, Ltd. ("Stripe") as our payment processor; payment details are managed by Stripe and are not stored on our servers. By subscribing, you purchase access to software features at the rate of your chosen plan and authorize recurring charges until cancellation. Immediately before completing an order you are shown the essential characteristics of the product, the total price including applicable VAT where you are a consumer, and the term and renewal conditions; the order is placed via a button clearly indicating an obligation to pay.

Because subscriptions and credit packs are made available immediately, you are asked at checkout to expressly request that performance begin before the end of the withdrawal period and to acknowledge the effect this has on your statutory right of withdrawal, as set out in the Refund Policy.


5.3 Default in Payment


If fees are not paid when due, The Pending GmbH may suspend or downgrade your account after failed payment retries. Suspension does not relieve you of payment obligations already incurred.


5.4 Refunds and Withdrawal


Refunds and the statutory right of withdrawal are governed by our Refund Policy, available under "Refund Policy" on our website, which forms part of these Terms. In summary:

  • Every customer may request a full refund within 14 days of purchase, regardless of whether you have started using the Platform; where AI credits were consumed in that period, the refund may be reduced by the value of the credits consumed, as described in the Refund Policy.
  • For yearly subscriptions cancelled after the 14-day window, a pro-rated refund applies for remaining full months within the early-cancellation window.
  • Certain non-discretionary refunds (duplicate charges, service not delivered, unauthorized charges) are always available regardless of timing.
  • Your statutory rights, including the consumer right of withdrawal, remain unaffected.

To request a refund, contact support@thepending.app. Refunds are issued by The Pending GmbH via Stripe, typically credited within 5–10 business days to the original payment method.


5.5 Plan Changes and Credits


Upgrades take effect immediately, with the price difference for the remainder of the cycle charged at once. Downgrades take effect immediately, with remaining value from the higher plan applied as a credit to your next invoice. Plan-included PENs reset at the start of each billing cycle and do not roll over; purchased credit-pack PENs never expire and are consumed before plan PENs.


6. Term and Termination


6.1 Term


Your agreement continues indefinitely unless you choose a fixed-term subscription or either party terminates. Subscriptions renew automatically for successive periods equal to the chosen billing interval until cancelled.


6.2 Termination by You


You may cancel your subscription at any time with effect from the end of the current billing period — via the billing portal in your account settings, via the cancellation button available on our website without logging in, or by contacting us. You may close your account entirely at any time in the Platform settings, which deletes your data as described in the Privacy Policy. Refunds are subject to Section 5.4.


6.3 Termination by The Pending GmbH


We may terminate or suspend your access if you materially breach these Terms, misuse the Platform for unlawful activities, or fail to pay applicable fees. Section 3a.3 applies to content-related suspensions.


6.4 Data Upon Termination


Upon account closure, your data is deleted in accordance with our Privacy Policy. Some records may be retained where required for legal compliance, in particular billing records under tax law.


7. Liability and Indemnification


7.1 Limitations


The Pending GmbH is not liable for:

  • The accuracy, completeness, or suitability of artist profiles, user-generated content, or externally sourced job listings.
  • The outcome of projects, castings, or hiring decisions made using the Platform.
  • The content, products, services, or data practices of third-party websites linked from partner advertising, listings, or portfolios.
  • Indirect or consequential damages, such as lost profits or data loss, unless caused by intentional or grossly negligent conduct.

7.2 Exceptions


Nothing in these Terms excludes or limits liability for intentional misconduct, gross negligence, injury to life, body or health, breach of essential contractual obligations (Kardinalpflichten), or other liability that cannot be lawfully excluded, including under the Product Liability Act.


7.3 Indemnification


You agree to indemnify The Pending GmbH against third-party claims arising from your use of the Platform, including claims related to content you create or make public, data you process, or actions you or Spotty take on your behalf.


8. AI Features and Automated Processing


The Platform uses AI across both sides of the Platform. For managers: talent search (Talent Finder), analysis of incoming and imported applications, inbound email classification, AI-assisted drafting of emails and invitations, AI-assisted creation of projects, jobs, and profiles, and the Spotty assistant. For artists: opportunity matching (Job Finder), application drafting (Application Assistant), client discovery (Client Finder), AI-assisted CRM and outreach tools, and the Spotty assistant. Further AI features are described in the Privacy Policy.

Decision support only. AI-generated results are tools to support your decision-making and do not constitute binding assessments. Application analysis produces scores and a recommendation based on the professionalism of the application and its fit with the requirements you state in the listing or project; the main parameters of ranking in search and matching are the correspondence between a profile or application and those stated requirements, including skills, experience, location, and the relevance of portfolio content. The Platform does not automatically accept, reject, advance, or contact anyone on the basis of an AI score, and ordering applications by AI score is optional. You retain full discretion over all hiring and booking decisions. You agree not to use AI scores as the sole basis for rejecting a candidate, and to apply human review to decisions that significantly affect applicants. If you disagree with an AI-generated result, you may request a human review by contacting us.

Your responsibilities as deployer. Depending on your jurisdiction, using automated tools in recruitment may impose duties on you as the hiring party — for example informing candidates that an automated tool is used, commissioning bias audits, or keeping records. You are responsible for complying with the rules applicable to your hiring processes. The Pending GmbH will provide reasonable information about the Platform's AI features on request to support your compliance, and will inform users of material changes to how AI features evaluate or rank people.

AI interaction disclosure. Conversational features are AI systems and are marked as such. Content generated by AI at your request — such as drafted emails or cover letters — is yours to review before use or sending, and is identified as AI-generated where we send it on your behalf.

Your use of AI features is further governed by our Privacy Policy, which explains what data is processed, by which models, and on what legal basis.


9. Data Processing and Responsibility


9.1 The Pending GmbH as Platform Provider


The Pending GmbH operates the Platform as a technical infrastructure provider. We process personal data necessary to deliver the Service as described in our Privacy Policy. Where The Pending GmbH determines the purposes and means of data processing (e.g., account management, platform security, AI features included in your subscription), we act as the Data Controller under Article 4(7) GDPR.


9.2 You as Data Controller for Your Contacts and Applicants


When you use the Platform to process personal data of third parties — including applicants who apply to your publicly accessible job entities or projects, applications you import, artists you add to your Roster, manual profiles you create, profiles you share via public links, and contacts you manage in the Platform — you act as an independent Data Controller (or, in some cases, a Joint Controller) for that data under GDPR.

As the Data Controller for your contacts and applicants, you are responsible for:

  • Ensuring you have a lawful basis under GDPR Article 6 (and, where applicable, Article 9) for collecting and processing their personal data.
  • Providing applicants and contacts with the required transparency information at the point of collection. We provide a template notice you can adapt, linked in the footer and in your account settings.
  • Complying with all applicable data protection laws in your jurisdiction, including rules on retention, deletion, and responding to data subject rights requests.
  • Ensuring that any custom application forms you create do not collect personal data beyond what is necessary for the stated purpose, and that special category data is collected only with explicit consent where required.

9.3 Data Processing Agreement


To the extent that The Pending GmbH processes personal data of your applicants, roster contacts, or manual profiles on your behalf as a Data Processor under Article 28 GDPR, the following applies:

  • The Pending GmbH processes such data exclusively on your documented instructions (i.e., the actions you take or direct Spotty to take within the Platform).
  • We implement appropriate technical and organizational measures to protect the data, as described in our Privacy Policy.
  • We will not use applicant or contact data you process via the Platform for any purpose other than providing the Service to you, and we do not use it to train AI models.
  • Personnel authorized to process the data are bound by confidentiality.
  • We will assist you, where technically possible, in responding to data subject rights requests relating to data you control.
  • We will notify you without undue delay if we become aware of a data breach affecting personal data processed on your behalf.
  • We engage sub-processors (listed in our Privacy Policy) subject to data processing agreements imposing equivalent obligations. By accepting these Terms, you authorize The Pending GmbH to engage those sub-processors; we will inform you of material changes to that list.
  • We make available the information necessary to demonstrate compliance with Article 28 and allow for audits, which may be satisfied by documentation and, where relevant, third-party certifications of our infrastructure providers.
  • Upon termination or on request, we will delete or return personal data processed on your behalf, subject to applicable legal retention requirements.

This Section 9.3 constitutes the Data Processing Agreement between you (as Controller) and The Pending GmbH (as Processor) required under Article 28 GDPR. Annex I: Subject matter and duration — processing of personal data of your applicants, roster entries, manual profiles, and contacts for the duration of your account; nature and purpose — provision of the Platform's talent management, application handling, and AI-assisted analysis features; types of data — identity, contact, professional, application and correspondence data, plus any further data you choose to collect; categories of data subjects — your applicants, roster entries, manual profile subjects, and business contacts. Annex II: Technical and organizational security measures — as described in our Privacy Policy.


9.4 Applicant Consent and Transparency


If you collect personal data from applicants through the Platform, you are responsible for ensuring applicants are informed about the processing of their data before or at the point of collection. We provide tools to communicate this — custom form fields, listing descriptions, a confirmation step when publishing, and an adaptable template notice linked in the footer and account settings — but we do not provide a privacy notice to applicants on your behalf. By setting a job entity or project public, you confirm that you have a lawful basis for processing personal data received in response and that you will provide applicants with the required transparency information, including a reference to your own privacy policy and a note that applications are managed via The Pending Agency platform.


9.5 Special Category Data


If your application forms or roster profiles collect special category data under Article 9 GDPR (e.g., health information, gender identity, citizenship, physical characteristics, biometric data), you must ensure you have a valid legal basis under Article 9(2) GDPR before collecting it — typically explicit consent. The Platform provides fields of this type as a technical capability; whether and how you use them, and ensuring the required legal basis exists, is your sole responsibility. You may not use custom form fields to collect special category data without first obtaining explicit, specific consent for that purpose, and you must not use such data as a selection criterion unless a genuine and lawful occupational requirement applies.


10. Governing Law and Dispute Resolution


10.1 Governing Law


These Terms and any related claims are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of the country of your habitual residence.


10.2 Jurisdiction


If you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from these Terms is Munich, Germany. For consumers, the statutory places of jurisdiction apply.


10.3 Consumer Dispute Resolution


The European Commission's platform for online dispute resolution (ODR) was discontinued on 20 July 2025. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).


11. Final Provisions