Terms of Service

MyAct is a trading name of A W Marsden, a sole trader based in the United Kingdom. In these draft terms, “MyAct”, “we” and “us” mean A W Marsden; “you” means the person or business using MyAct. If you manage an act for someone else, you must have their authority.

Contact: tony@tubbystudios.co.uk.

Postal correspondence address:
c/o TubbyStudios, Unit 16 Atlas Court, Atlas Road
Coalville, Leicestershire, LE67 3FL
United Kingdom

MyAct is intended for adults and is not designed for children. There is currently no signup age check. You must have legal capacity to enter an agreement and authority to act for any performer or business you represent.

Provide accurate account information, keep it up to date and protect your password, email account and any Google sign-in account. Do not share credentials or access another performer's account. Tell us promptly if you suspect unauthorised access. You are responsible for activity you authorise; this does not make you responsible for a security failure caused by us.

MyAct provides controlled website designs and electronic press kits (EPKs), performer profiles, media references, availability tools, enquiries, customer contacts, bookings, quotes, deposit records, booking emails and artist-selected availability outreach. One performer profile supplies these views; changing design does not create another set of booking data.

Demo accounts contain fictional information and are read-only. An availability indication is not a guarantee of a booking or a performer's agreement to work. MyAct is not an agency, booking marketplace, employer or representative of the performer.

The current marketing offer describes a 14-day free trial and £29 per month. Subscription billing and card collection for MyAct are not integrated; the admin trial figures are estimates from signup, not proof of an enforced trial expiry. There is no implemented automatic renewal, payment collection or subscription cancellation state.

Before these terms take effect: confirm the final price, VAT treatment, when the trial begins and ends, what happens on expiry, when a paid agreement starts, payment method, billing frequency, renewal, cancellation notice, price-change notice and refund terms. This draft does not authorise charging a user or converting a trial automatically.

Any future paid offer must clearly show the applicable terms before agreement. Consumer cooling-off rights, any lawful request to begin supply during that period and any proportionate charges must be reviewed separately; no waiver or consent to immediate paid supply is collected by this draft.

You retain your rights in your act name, biography, photographs, recordings, logos and other content. You must own the content or have permission to upload, publish and use it, including permissions from photographers, rights holders and people shown in it. Do not upload confidential or sensitive information that is unnecessary for managing a booking.

Proposed service licence: you give MyAct a non-exclusive permission to store, reproduce, format and display your content only as needed to provide your chosen website, EPK and related service communications. This is not a transfer of ownership or permission to sell your content or use it in unrelated advertising.

You are responsible for accurate descriptions, prices, availability and booking terms; legal compliance for your act; and appropriate privacy information and lawful use of customer data. Correct errors promptly and keep a separate copy of important content and booking arrangements.

Choose carefully what you make public. Published content can be viewed, copied and indexed by search engines; taking a site offline does not remove copies or search results held by others. Domain availability and third-party services are outside MyAct's control.

Media is stored privately but displayed through hard-to-guess links that currently remain valid for about 10 years. Anyone holding a link can access that file. Removing it from a page or taking the website offline does not necessarily disable an old link; contact us if it needs to be disabled.

You can control website visibility using the existing publishing setting. Requests for operator help, including cancellation and restoration, are handled manually, not through an automated account suspension service.

Any agreement to provide a performance is between the performer and the booker, not MyAct. The performer must provide their own clear booking terms, including fees, deposits, cancellation, refunds and performance requirements. MyAct's tools do not substitute for those terms or decide disputes about the performance.

An enquiry is not confirmation. The quote workflow can record a quote and acceptance through a secure link, show the performer's bank-transfer deposit instructions after acceptance, and let the performer record a received deposit and confirm a booking. A performer can also record verbal bookings manually. A manual “booked” status does not establish quote acceptance or receipt of money.

MyAct does not process card payments, hold customer funds or verify bank transfers. The performer is responsible for their bank details, reconciling money received, invoices and taxes, and any refunds owed to the booker. Check payment instructions and resolve booking/payment questions directly with the performer. MyAct is not an escrow service or a payment guarantee.

Booking notifications support enquiries and existing bookings. Replies go to the performer's ordinary inbox; MyAct does not synchronise incoming replies. Delivery can fail or be delayed, so performers should check important arrangements directly. A “sent” status indicates provider acceptance, not proof that a recipient read a message.

Availability outreach is marketing: the performer chooses recipients and confirms each send. Transactional notices are not marketing consent. Do not assume a customer's previous booking or an “unknown” preference gives permission to market to them; the performer must establish the applicable lawful basis and comply with UK GDPR and electronic marketing rules. MyAct blocks opted-out recipients and provides artist-specific unsubscribe links.

Use MyAct reasonably and lawfully. Do not send spam, upload unlawful, abusive or infringing content, mislead bookers, impersonate others, introduce malicious code, bypass access controls or send limits, scrape private data, or deliberately overload the service. There is no unlimited storage, email or availability guarantee in this draft; any new commercial usage allowance must be clearly agreed.

MyAct relies on hosting, email and other providers. Maintenance, faults and third-party failures may interrupt access. No uptime percentage, response-time guarantee or uninterrupted service commitment has been agreed. This does not remove any obligation imposed by law to provide a service with reasonable care and skill.

MyAct's branding, software and template designs remain the property of MyAct or their respective licensors. Your right to use the service does not give ownership of those materials. Your own content remains yours. Third-party sites and embedded content have their own terms.

Request cancellation by emailing tony@tubbystudios.co.uk. Download your data first if you want a copy. Cancellation is the manual process for stopping use of MyAct and taking the public website and EPK offline, not automatic billing cancellation or immediate erasure.

The approved recovery policy gives you 30 days from the date you request cancellation, not the date we acknowledge it, to ask by email for restoration. Site visibility changes and restoration are manual. At the end of the window, the operator must arrange deletion or anonymisation of account data, except justified legal retention. There is no automatic account deletion or deactivation; the admin tracker records requests and actions but does not perform account erasure.

A data-erasure request is separate and may be made at any time, including during recovery, using the Settings request link or email. We verify ownership and handle valid requests promptly, without waiting for the recovery period. Responses are due within one calendar month, subject to lawful extensions or exceptions. Feedback or a retention offer must never obstruct or delay erasure.

Minimal cancellation/erasure handling records are retained for six years after closure, separately from the underlying account data. Notes are minimised and can be cleared after closure. Eligible tracker records and their events can be purged manually by the administrator; this is not automatic and does not delete accounts or bookings.

Settings provides a timestamped JSON export of performer-owned profile/site/EPK content, media references, availability, enquiries/bookings and history, recorded deposits, quotes/items, customer contacts and preferences, booking email settings/history and outreach history. Venue information is part of bookings, not a separate venue directory.

The export excludes bank details, credentials, secure quote/unsubscribe tokens, full email HTML, internal service logs and media binaries. It is not a complete backup or an automatic restoration/import tool. Dataset limits can prevent a complete download; contact us if the export reports a limit or you need excluded personal data for a valid rights request. Keep downloaded customer data secure.

Our Privacy Policy explains personal information and rights; our Cookie Policy explains essential storage and consent-gated analytics. The proposed processing annex below concerns customer data processed for performers, not MyAct's independent account, security or legal administration.

Subject to legal review, we may restrict service where reasonably necessary to prevent unlawful use, a serious security risk or a material breach. Where lawful and practicable we would explain why and allow a reasonable chance to remedy a breach; urgent protective action may be needed. There is no automated suspension workflow or arbitrary destructive admin control created by these terms. Export, refund and retention implications must be settled before adopting termination rules.

Material changes to these terms or a future paid service should be clearly notified before taking effect, with appropriate notice and any required right to leave. No notice period or blanket right to change prices retrospectively is agreed by this draft. Updated terms will carry an effective date once approved; a draft-page update alone does not constitute acceptance.

Nothing in these proposed terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability or right that cannot lawfully be excluded or limited under UK law.

If you are a consumer (acting wholly or mainly outside your trade, business, craft or profession), your applicable statutory rights remain, including remedies for services not supplied with reasonable care and skill and any applicable distance-contract cancellation rights. Merely calling an account a performer account does not decide whether you are a business customer.

Decision required: a solicitor should settle proportionate business-only liability limits, foreseeable loss, service remedies, any lawful exclusions, and consumer cancellation/refund information. No monetary cap, broad indemnity, blanket “as is” disclaimer or exclusion of all responsibility is imposed by this draft.

Please email us with service complaints so we can try to resolve them. This does not require you to complain to us before using a statutory remedy, contacting a regulator or bringing proceedings. No compulsory arbitration or paid complaint process is proposed.

Proposed for review: these terms would be governed by the law of England and Wales. For business customers, the courts of England and Wales would have jurisdiction. Consumers retain mandatory protections and any right to bring proceedings in the courts where they live, including Scotland or Northern Ireland; this clause would not override those rights. Confirm the governing-law choice before adoption.

Not an executed DPA. This annex describes the proposed Article 28 UK GDPR obligations for review. It is not a claim that provider agreements, transfer safeguards, response procedures or audit arrangements have been verified. A final binding agreement and completed provider/security schedules are needed before relying on it.

Roles and scope. The performer is normally controller for customer/booker data they collect or add for their act. A W Marsden trading as MyAct would act as processor only to provide the instructed service. MyAct is separately controller for its account administration, security and minimal legal request records as described in the Privacy Policy. Roles depend on actual purposes, not just these labels.

• Subject matter, duration, nature and purpose: hosting, organising, retrieving and exporting enquiries, contacts, booking venue details, calendars, quotes, deposit records and related communications; delivering performer-instructed booking/outreach emails; storing consent/suppression preferences. Processing lasts while the service is provided and through instructed return/deletion, subject to lawful retention.
• People and data: bookers, venue/customer contacts and people named in booking arrangements; names, emails, optional phone numbers, event dates/times, venue/location/postcode, requests/messages, fees/quotes, deposit records and consent/communication history. Special-category data is not requested for the service; performers should avoid putting it in free text and raise any necessary sensitive processing with us first.
• Documented instructions: the agreed service settings and the performer's recorded instructions would govern processing, including transfers. MyAct would not use this customer data for its own marketing. If law requires other processing, MyAct would inform the controller before doing so unless prohibited; it would promptly flag an instruction it considers contrary to data protection law.
• Confidentiality and security: authorised people must be subject to confidentiality obligations. MyAct must apply appropriate technical and organisational measures under Article 32. Current measures include encrypted connections, tenant access controls, private media storage and audited admin operations; these do not amount to a certification or guarantee. The final security schedule must document access, backup, recovery, incident handling and the long-lived media-link risk.
• Sub-processors: further processors require the controller's prior specific or general written authorisation, equivalent data-protection obligations and MyAct's responsibility for their performance. General authorisation must include notice of additions/replacements and an opportunity to object. Lovable provides app hosting/database/auth/storage and Resend email delivery; their exact contracting entities, downstream providers, processing activities/locations and terms need verification. No blanket authorisation, complete sub-processor register or verified provider location is asserted here. Optional Google sign-in and platform analytics need separate role assessment, not automatic inclusion as booker-data sub-processors.
• Rights assistance: taking account of the processing, MyAct must help the performer respond to access, correction, restriction, objection, erasure and portability requests using appropriate measures. Customer requests received by MyAct should be passed to the relevant performer unless law requires MyAct to act. The export and manual request process support this; assistance procedures and any reasonable charges need agreement, without obstructing statutory rights.
• Breaches and compliance assistance: MyAct must notify the controller without undue delay after becoming aware of a personal-data breach and provide available information and cooperation. Taking account of the processing and information available, it must assist with security obligations, regulator/data-subject breach notifications, DPIAs and prior consultation under Articles 32–36. There is no verified automated alert or agreed hourly response guarantee; an operational reporting procedure must be established.
• Return and deletion: at the end of processing, at the controller's choice, MyAct must return or delete customer personal data and delete existing copies unless UK law requires retention. Export is available, but full account deletion is manual. A valid erasure instruction must not wait for the optional 30-day cancellation recovery period. Backup/copy removal, provider retention and secure-link invalidation procedures must be documented; no immediate deletion from every backup is promised.
• Information and audits: MyAct must make information available to demonstrate compliance with Article 28 and allow and contribute to controller/appointed-auditor audits and inspections. The final procedure should protect other tenants' information and security, and define proportionate arrangements without negating that right. No certification, completed audit or ready-made audit portal is claimed.
• International transfers: any transfer must follow documented instructions and applicable UK GDPR Chapter V requirements. Confirm actual locations, adequacy or an appropriate UK transfer instrument and any required risk assessment before approving transfers. This draft does not assert a signed UK Addendum, IDTA or verified adequacy route for any provider.

• Approve price/VAT, trial commencement/expiry, payment and renewal arrangements, cancellation notice and refund/consumer cooling-off terms.
• Approve contract formation/acceptance, effective date, change notice, termination procedure, governing law and fair liability wording.
• Verify provider contracting entities, sub-processor authorisations/register, locations, agreements and lawful transfer safeguards; complete the binding DPA and security schedules.
• Document manual cancellation/erasure, website/media disabling, restoration, backups, rights and breach assistance, audits and six-year tracker clean-up responsibilities.
• Review Privacy/Cookie Policy transfer assurances and Google entity/retention wording against verified provider evidence.