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 Sparkup Application (hereinafter referred to as the “Application”), created by Magency Digital Simplified Joint Stock Company (hereinafter referred to as “Magency Digital SJSC”).
By accessing the Application 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 Application.
Every time the Application 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:
“Application” refers to Sparkup software/solution, created and provided by Magency Digital SJSC, which gives access to the Features made available to the participant. The Application includes Content, software, programs, tools (programming tools, navigation tools, etc.), databases, operating systems, documentation and all other elements and Features the Application is composed of, as well as updates and new versions of the Application 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 Application, 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 Application and/or all other elements the Application 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 Application proposes.
“User” or “You” refers to a physical person of full age who has access to the Application for private and/or professional use.
Article 2. PURPOSE OF THE APPLICATION
The purpose of the Application is to create interaction between the participants of the same event, work meeting and/or training session. This Application 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
- Individual Quiz
- Word Cloud
- Individual Poll
- 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 APPLICATION
To access and use the Application, You must have a telephone or a compatible terminal and Internet access.
The version of the Application software may be subject to occasional updates to add new features.
Sparkup Application is an Application available through Internet access.
If you are connected to the Sparkup Application, it means that your company, trainer or moderator are subscribed to a license. A company that has subscribed to a license is a Magency Client.
Article 4. FINANCIAL CONDITIONS
The Application 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. APPLICATION GCU AND GCS
The GCU and the GCS are applicable to all Users of the Application and its Features.
By using Sparkup Application, 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 Application. The GCU are available via a hyperlink on the Homepage of the Application and may be subject to change by Magency Digital SJSC at any time and without prior notice.
The Application 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 Application and its Content.
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 email@example.com.
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 APPLICATION
Users are strictly forbidden from accessing and/or using the Application source codes and/or Application software components.
The User does not obtain any intellectual property rights related to the Application, 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 Application shall in no way prejudice the rights of Magency, and, in particular, that the use of the Application 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 Application 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 Application, 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 Application, its Features and/or Content;
– not to export the Application, nor integrate all or part of the Application 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 Application 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 Application without prior written permission from Magency;
– not to deploy any systems that may hack into the Application 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 Application and/or Content, regardless of how they were disclosed;
– not to sale, lease, sub-license or distribute the Application and/or Content to third parties in any way.
Article 10. APPLICATION ACCESSIBILITY
Magency undertakes to do its utmost to secure the access, consultation and use of the Application Features.
The Application 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 Application. Maintenance operations may be carried out without prior warning.
Article 11. LIMITATION OF LIABILITY
Users shall access and use the Application to their own risk.
The Application 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
– 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 Application 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 Application. 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 Application 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 Application 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 Application.
Article 14. CONTACT
All questions concerning the Application and/or its Features should be sent by email to the following address: firstname.lastname@example.org.
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.