Terms & Conditions

The purpose of the present general conditions of use (hereinafter referred to as “GCU”) is to set forth the

conditions of use of the Magency Platform (hereinafter referred to as the “Platform”), created by

Magency Digital Simplified Joint Stock Company (hereinafter referred to as “Magency Digital SJSC”).

By accessing the Platform as a visitor and/or user, you fully and unreservedly accept these GCU as set

forth below. If you do not wish to accept the present GCU, we request you not to access the Platform.

Every time the Platform is consulted and/or used, it shall be done in compliance with the present GCU.

 

Article 1. DEFINITIONS

Words starting with a capital letter in the present GCU, regardless of whether they are used in the singular

or plural form, shall have the following meaning:

“Platform” refers to the Magency software/solution, created and provided by Magency Digital SJSC,

which gives access to the Features made available to the participant. The Platform includes Content,

software, programs, tools (programming tools, navigation tools, etc.), databases, operating systems,

documentation and all other elements and Features the Platform is composed of, as well as updates and

new versions of the Platform that can be made by Magency.

“Client” refers to Magency’s Client subject to a binding sale and service agreement.

“Content” includes, but is not limited to, the structure of the Platform, editorial content, pictures,

illustrations, images, photos, graphic charts, trademarks, logos, acronyms, corporate names, audio-visual

works, multimedia, visual content, audio content, as well as any other content included in the Platform

and/or all other elements the Platform is composed of, including content shared by the participants

during a session.

“GCS” refers to Magency Digital SJSC General Conditions of Sale and Special Conditions of Sale applicable

to the products and Features sold by the company.

“Features” refers to the different features the Platform proposes.

“User” or “You” refers to a physical person of full age who has access to the Platform for private and/or

professional use.

 

Article 2. PURPOSE OF THE Platform

The purpose of the Platform is to create interaction between the participants of the same event, work

meeting and/or training session. This Platform allows to exchange and share ideas, receive feedback on

the participants’ experience and create engagement. The following Features are available to date:

  • Who’s Who
  • Question Wall
  • Brainstorming
  • Evaluation
  • PhotoStory
  • Quiz
  • Individual Quiz
  • Word Cloud
  • Poll
  • Individual Poll
  • Buzzer
  • Reveal
  • The Race

This list is not exhaustive and can be modified by Magency at any time without it being held liable by anyone

on that score.

 

Article 3. ACCESS TO THE Platform

To access and use the Platform, You must have a telephone or a compatible terminal and Internet access.

 

The version of the Platform software may be subject to occasional updates to add new features.

The Magency Platform is an Platform available through Internet access.

If you are connected to the Magency Platform, it means that your company, trainer or moderator are

subscribed to a Magency license. A company that has subscribed to a license is a Magency Client.

 

Article 4. FINANCIAL CONDITIONS

The Platform is provided in exchange for a financial contribution which is the subject of an agreement

between Magency and the Client.

The estimated financial cost does not include the cost of subscription to the services of a mobile operator,

connection costs and Internet access costs, nor does it include possible additional costs charged for

downloading data.

 

Article 5. Platform OF GCU AND GCS

The GCU and the GCS are applicable to all Users of the Platform and its Features.

By using the Magency Platform, You accept the GCS which are accessible via a hypertext link.

The Users are invited to carefully read the GCU every time before accessing the Platform. The GCU are

available via a hyperlink on the Homepage of the Platform and may be subject to change by Magency

Digital SJSC at any time and without prior notice.

The Platform may be subject to regular updates. In this regard, any update downloaded by a User is valid

for a limited time in view of these updates that must be necessarily downloaded and possible changes in the

technology, legislation or regulations, which are beyond Magency’s control.

 

Article 6. INTELLECTUAL PROPERTY

Magency is the sole owner of all intellectual property rights related to the Platform and its Content.

 

Article 7. PRIVACY POLICY

Magency undertakes to respect the General Data Protection Regulation upon its entry into force. The

primary goal of the document is to reinforce the control of EU citizens over the access to their personal data and its use.

All content shared during a working session, meeting, conference, event or seminar is the Client’s property.

Nevertheless, for security reasons, Magency Digital shall keep the shared data on private and

encrypted servers. However, Magency shall not use the shared data for commercial purposes in any way.

Shared data shall not be resold nor sub-processed by third parties.

Any User may request the data kept by Magency, have access to it and ask to change it by sending an email

to data@magency.fr.

Magency undertakes to respond to this request within a maximum period of fifteen days.

Pursuant to Article 6, sub-sections b) to f), processing is required in order to execute the agreement

accepted by the Client.

Magency shall keep the data for a maximum period of one (1) year.

 

Article 8. LICENSE TO USE THE Platform

Users are strictly forbidden from accessing and/or using the Platform source codes and/or Platform

software components.

The User does not obtain any intellectual property rights related to the Platform, the Content and/or the

Features, nor any other rights other than those provided in the present GCU.

 

The present license does not give the User any right to use the Content. Therefore, the Client shall not

reproduce, represent, adapt and/or exploit any Content.

The User explicitly pledges that the use of the Platform shall in no way prejudice the rights of Magency,

and, in particular, that the use of the Platform shall not constitute an act of counterfeit, unfair

competition or parasitic competition related to the Content.

 

Article 9. USER OBLIGATIONS

The User explicitly commits:

– to access the Platform on his/her device exclusively for personal or professional use and not for

commercial use;

– not to reproduce in a permanent or temporary way all or part of the Platform, by any means and

in any form;

– not to use the software or any processes designed to copy the Content without prior written

permission from Magency;

– not to carry out any adaptation, modification, translation, transcription, arrangement, compilation,

decompiling, assembly, disassembly, transcoding, nor to apply reverse engineering to all or part of

the Platform, its Features and/or Content;

– not to export the Platform, nor integrate all or part of the Platform with other computer

programs;

– not to make any short quotes, analysis or reproductions for press reviews or any other use explicitly

allowed by the law within the limits and conditions established by the law and subject, inter alia, to

mentioning the names of the authors and publishers;

– to expressly renounce to use software or devices that may disrupt the orderly functioning of the

Platform and not to undertake any actions that may impose a disproportionate burden on

Magency’s infrastructures;

– not to recover or reuse, including for private purposes, any part, whether it be substantial or not, of

the database content and archives formed by the Platform without prior written permission

from Magency;

– not to deploy any systems that may hack into the Platform and/or Content, in full or in part, or

that may violate the present GCU;

– to inform Magency Digital SJSC as soon as the User learns about an act of hacking and, in particular,

about any illegal or non-contractual use of the Platform and/or Content, regardless of how they

were disclosed;

– not to sale, lease, sub-license or distribute the Platform and/or Content to third parties in any

way.

 

Article 10. Platform ACCESSIBILITY

Magency undertakes to do its utmost to secure the access, consultation and use of the Platform Features.

The Platform is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the

occurrence of an event beyond Magency’s control, and with the exception of breakdowns or maintenance

operations necessary for the proper functioning of the Platform. Maintenance operations may be carried

out without prior warning.

 

Article 11. LIMITATION OF LIABILITY

Users shall access and use the Platform to their own risk.

The Platform and software are provided “as such” and “as available” without any warranty.

It is the responsibility of each User to take all the appropriate measures to protect their personal data

and/or software saved on their computer equipment or phone device against any infringement.

The User declares having acknowledged and accepted the characteristics and limitations of the Internet

network and, in particular, the functional characteristics and technical performance of the Internet

network; problems related to the connection and/or access to the Internet network and/or websites;

problems related to network availability and congestion; problems related to network failure or saturation;

problems related to transit time, accessing information made available online, response time required to

 

display, consult, make a query or transfer data in any other way; risks of interruption; lack of protection of

certain data against possible misuse or hacking; risks of possible contamination by viruses circulating in the

abovementioned networks, etc., for which Magency shall not be held liable.

Magency shall not be held liable:

– in case of default, loss, delay or error during data transmission, which are beyond Magency’s

control;

– in case messages and/or data are sent to a wrong or incomplete address;

– in case Magency does not receive data, for whichever reason, or if the data it receives is illegible or

impossible to process;

– in case the User for whichever reason cannot access or use the Platform and/or its Features;

– in case connection is interrupted for whichever reason.

Furthermore, Magency declines any liability with regard to improper use of the terminal and/or in the event

of an incident related to using the terminal while using the Platform. Magency shall in no case be held

liable for any damage of any kind caused to Users, their terminals, computer equipment or phone devices, or

any data that was saved on them, or any consequences thereof that may affect the Users’ personal,

professional or commercial activity.

 

Article 12. MODIFICATION OF THE GENERAL CONDITIONS OF USE

The applicable GCU are those in force on the date when the User connects to the Platform and uses it.

Magency reserves the right to modify, at any time, in full or in part, the provisions of the GCU without

warning or informing the Users in advance, to adapt them to the modifications of the Features, changes in

technology, legislation and jurisprudence, or when implementing new services.

Modifications of the GCU that may be made by Magency shall be made available online, thus notifying the

Users of the changes. It shall be considered that they have been fully accepted by all Users that access the

Platform after the above mentioned publication online. Therefore, Magency invites all Users to regularly

consult the GCU.

Any new Service integrating new technologies or new characteristics that improve the quality of the

existing Features shall be subject to the present GCU, unless expressly provided otherwise.

 

Article 13. TERMINATION

At the time of termination of the agreement all rights and licenses that were provided to You shall be

terminated and You shall end all use of the Platform.

 

Article 14. CONTACT

All questions concerning the Platform and/or its Features should be sent by email to the following

address: data@magency.fr.

 

ARTICLE 15. APPLICABLE LAW

The present GCU are governed by French law.

Any dispute or litigation related to the execution or interpretation of the present general conditions that

cannot be settled amicably between the parties shall be submitted to the competent courts under the

jurisdiction of the Court of Appeals of Paris.

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