Design Partner Pilot Agreement

Pilot Agreement between [FOLIO ENTITY NAME] (“Folio”) and [AGENCY LEGAL NAME] (“Agency”), effective as of [DATE].

1. What this is

Folio provides the Agency access to its pre-release talent-management software (the “Service”) for evaluation and day-to-day use during the Pilot Period. The Service is under active development: features may change, and Folio provides no uptime, support-response, or data-availability guarantees during the Pilot Period beyond the commitments in §4.

Pilot Period
[90 days] from the effective date, renewing monthly thereafter until either party ends it under §8.

Fees
None during the Pilot Period. Any paid plan afterward requires a separate agreement.

2. The Agency's data is the Agency's

1. All data the Agency or its personnel enter into the Service — roster records, photographs, casting briefs, submissions, notes, client information (“Agency Data”) — remains the Agency's property.
2. Folio uses Agency Data only to (a) operate and provide the Service to the Agency, (b) maintain, secure, and debug the Service, and (c) produce aggregated, anonymized statistics that cannot identify the Agency, its clients, or any individual (e.g., industry benchmark metrics). Folio will never sell Agency Data or disclose it to another agency or third party except as required to operate the Service (sub-processors listed in §6) or by law.
3. On termination, Folio will, at the Agency's choice, provide an export of Agency Data (CSV/JSON + files) and/or delete it within 30 days, except minimal records retained as required by law.

3. Personal data and talent

1. Agency Data includes personal data about models and casting contacts (including, in the ordinary course of the modeling industry, data about minors). The Agency confirms it has the right to provide this data to a processor such as Folio (via its representation agreements or otherwise).
2. Folio processes such personal data only on the Agency's instructions, as described in the Data Processing Addendum (Exhibit A) when the Agency or its talent are subject to GDPR/UK GDPR, and consistent with Folio's Privacy Policy.
3. If a model exercises a right of erasure, Folio will, on the Agency's instruction, erase or pseudonymize that individual's personal data from the Service, including derived records, within 30 days.

4. Security commitments (even in pilot)

Folio maintains: tenant isolation enforced at the database layer (row-level security) so no other customer can access Agency Data; encryption in transit (TLS) and at rest; access to production data limited to Folio personnel who need it to operate or support the Service; and prompt notification (within 72 hours of confirmation) of any security incident affecting Agency Data.

5. Confidentiality (mutual)

Each party will protect the other's non-public information (for Folio: the Service, roadmap, and pricing; for the Agency: Agency Data and business information) with at least reasonable care, use it only for the pilot, and not disclose it to third parties. This survives termination for 3 years. Standard exclusions apply (already known, independently developed, publicly available, legally compelled with notice).

6. Sub-processors

Folio uses the following infrastructure providers to operate the Service: Supabase (database, authentication, file storage), Vercel (application hosting), Resend (email delivery), Anthropic (AI text processing of casting briefs and notes), Stripe (payments, when enabled). Folio will give notice before adding sub-processors that process Agency Data.

7. Feedback and design-partner expectations

The Agency agrees to a reasonable feedback cadence ([one 30-minute call every two weeks]) and grants Folio a perpetual license to use feedback and suggestions without restriction or attribution. Folio may identify the Agency as a design partner only with prior written consent.

8. Term and termination

Either party may end this pilot at any time with 14 days' written notice (email suffices). Sections 2.3, 3, 5, 9, and 10 survive.

9. Disclaimers and liability

THE SERVICE IS PROVIDED “AS IS” DURING THE PILOT PERIOD. EXCEPT FOR BREACHES OF §2 (DATA OWNERSHIP), §3 (PERSONAL DATA), OR §5 (CONFIDENTIALITY), EACH PARTY'S TOTAL LIABILITY UNDER THIS AGREEMENT IS LIMITED TO US $1,000 OR THE FEES PAID (WHICHEVER IS GREATER), AND NEITHER PARTY IS LIABLE FOR INDIRECT, CONSEQUENTIAL, OR LOST-PROFIT DAMAGES. NOTHING LIMITS LIABILITY FOR WILLFUL MISCONDUCT OR AMOUNTS THAT CANNOT BE LIMITED BY LAW.

10. General

Governing law: [STATE]. Entire agreement for the pilot; amendments in writing. Neither party may assign without consent except in a change of control. Notices by email to the addresses below.

Exhibit A — Data Processing Addendum (summary terms)

Applies where GDPR/UK GDPR applies. Agency is controller; Folio is processor. Folio: processes only on documented instructions; ensures personnel confidentiality; implements Art. 32 technical and organizational measures (per §4); engages the sub-processors in §6 under equivalent terms; assists with data-subject requests and Art. 33–36 obligations; deletes or returns personal data at the end of the engagement; makes available information necessary to demonstrate compliance. International transfers from the EEA/UK rely on the EU Standard Contractual Clauses (Module 2) / UK IDTA as incorporated by reference. Special-category data and data about minors are processed solely on the Agency's instruction as embedded in its use of the Service.