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Effective date: 06/30/2025.
MAGMA publishes and operates a software solution (the "Solution"), accessible in "Software as a Service" (SaaS) mode via the website https://www.magma.app/ (the "Site") enabling its client, a private or public organization (the "Organization") to implement its ambassador strategy through members of its community (the "Ambassadors") who interact with persons wishing to join the Organization (the "Prospects"), in order to maximize the Organization's recruitment campaigns.
(hereinafter collectively referred to as the "Services").
The Ambassador accesses the various Services in accordance with the provisions of the general terms and conditions negotiated between the Organization and MAGMA (the "Organization's General Terms and Conditions").
The Solution and the Services are operated by the company MAGMA, SAS, registered with the RCS of Rouen under no. 848 706 925, whose head office is located at 5 res des Sondres 76710 MONTVILLE.
MAGMA can be contacted at the following details:
→ Postal address: 5 res des Sondres 76710 MONTVILLE
→ Telephone: +33 6 27 58 01 03
→ Email address: hi@magma.app
The Solution and the Services are accessible to any individual having full legal capacity to be bound by these general terms and conditions. An individual who does not have full legal capacity may only access the Solution and the Services with the consent of their legal representative.
The Solution and the Services are intended exclusively for private individuals and are not intended for professional use, meaning any use directly or indirectly related to a paid activity exercised on a non-occasional basis in all sectors of industry and commerce.
These general terms and conditions are intended to define the terms and conditions of use of the Solution by the Ambassadors and of the Services offered thereon, as well as to define the rights and obligations of the parties in this context.
Where applicable, they may be supplemented by specific terms of use relating to certain Services, which supplement these general terms and conditions and, in the event of contradiction, shall prevail over these general terms and conditions.
Acceptance of these general terms and conditions is confirmed by validating them during the Ambassador's registration. This acceptance can only be full and complete. Any conditional acceptance shall be deemed null and void. An Ambassador who does not agree to be bound by these general terms and conditions must not access the Solution or use the Services.
Ambassadors have access to the Solution and to the Services described below, in a form and according to the features and technical means that MAGMA deems most appropriate.
In order to access the Solution, the Ambassador must register by completing the form provided for this purpose. The Ambassador must provide all information marked as mandatory. Any incomplete registration will not be validated. They may also be registered by having received an invitation to complete an action from an Administrator of the Organization.
Registration automatically leads to the opening of an account in the name of the Ambassador (the "Account"), giving them access to a personal area (the "Profile") which allows them to manage their use of the Services in a form and according to the technical means that MAGMA deems most appropriate for providing said Services.
The Ambassador guarantees that all information provided at registration or that they enter in their Profile is accurate, up to date, truthful, and not misleading.
The Ambassador is informed and accepts that the information entered for the creation or update of their Account shall be considered as proof of their identity. The information entered by the Ambassador is binding upon validation.
The Ambassador may access their Account at any time via the links they have received through the communication method indicated when creating their Account.
The Ambassador undertakes to use the Services personally and not to allow any third party to use them in their place or on their behalf, failing which they shall bear full responsibility.
They are likewise responsible for maintaining the confidentiality and security of their login links, with any access to the Solution through them being deemed to be made by the Ambassador. They must immediately contact the Organization if they notice that their Account has been used without their knowledge. They acknowledge that the Organization has the right to take any appropriate measures in such cases.
Following their connection with a Prospect, the Ambassador may perform with the Prospect several actions offered on the Solution (the "Actions").
Actions include in particular:
Each Action involves steps and exchanges with the Prospect which are carried out via the communication channels provided by the Ambassador.
The Ambassador expressly accepts that the Organization may use the Actions performed by them for commercial communication purposes.
The Ambassador has the possibility to collect points (the "Points") with each performance of eligible Actions on the Solution.
The accumulation of Points allows the Ambassador to access rewards (the "Rewards"). The Rewards and their cost in Points are set by the Organization.
The Ambassador has access on the Solution to the list of Rewards offered by their Organization, their cost and available quantity. The Ambassador may select a Reward on the Solution via the button provided for this purpose and will receive by email the information enabling them to collect it from their Organization.
The Ambassador acknowledges that the collection of Points and access to Rewards will be in accordance with the terms set by the Organization, which are outside MAGMA.
In this regard, the Organization reserves the right to ask the Ambassador to provide proof of the proper performance of their Actions by means deemed useful by the Organization: this may notably include sending a screenshot, a video or a link to the Action performed and in particular the Content created.
In the absence of sufficient proof, the Ambassador shall not be entitled to any Reward, which the Ambassador expressly accepts.
Each Ambassador has access to a dashboard grouping the various information reflecting the number of Prospects with whom they are in contact, the status of their Actions with each of their Prospects, the possibility of completing a Challenge, making a Referral or a Testimonial. They may view the available Rewards as well as the Points collected during the Actions.
MAGMA reserves the right to offer any other Service it deems useful, in such form and by such functionalities and technical means as it deems most appropriate to provide said Services.
For any questions related to the use of the Solution, the Ambassador can contact the Organization by clicking on the "Contact the Organization" button on the Solution or contact MAGMA directly.
MAGMA will maintain and host the Ambassador's Solution according to the same terms indicated in the Organization's General Terms and Conditions.
Ambassadors may use the MAGMA Services as long as the Organization is under contract with MAGMA.
Ambassadors acknowledge and accept that if the Organization's General Terms and Conditions are terminated, their Account will be automatically deactivated and they will no longer be able to access the Services.
The Services are made available to Ambassadors free of charge, subject to payment by the Organization of the amount indicated in the "Financial conditions" article of the Organization's general terms and conditions.
The Ambassador expressly acknowledges and accepts:
1. that the data collected on the Solution and on MAGMA's IT equipment constitutes proof of the reality of the operations carried out under these terms,
2. that these data constitute the main form of proof accepted between the parties, in particular for the calculation of sums owed to MAGMA.
The Ambassador may access these data in their Account.
Without prejudice to the other obligations set forth herein, the Ambassador undertakes to comply with the following obligations.
The Ambassador undertakes, in their use of the Services, to comply with applicable laws and regulations and not to infringe the rights of third parties or public order.
The Ambassador acknowledges that they have been informed of the characteristics and constraints, including technical ones, of all the Services. They are solely responsible for their use of the Services. In particular, they are solely responsible for any relationships they establish with other users of the Solution and for any information they communicate to them in connection with the Services. They must exercise due caution and judgment in these relationships and communications. The Ambassador also undertakes, in their interactions with other users, to respect common rules of courtesy and politeness.
The Ambassador undertakes to perform the Actions and collect the Points in good faith. Any act aimed at validating one or more Actions without having performed them for the sole purpose of quickly collecting the Points attached thereto will be reported by MAGMA to the Organization and may be sanctioned by the Organization and/or MAGMA, in accordance with the provisions of the article "Penalties for breaches".
The Ambassador undertakes to use the Services strictly for personal purposes. They therefore refrain from assigning, transferring, or conveying all or part of their rights or obligations under these terms to a third party in any manner whatsoever.
The Ambassador undertakes to provide MAGMA with all necessary information and, more generally, to actively cooperate with MAGMA for the proper performance of these general terms and conditions.
The Ambassador is solely responsible for all types of content (editorial, graphic, audio, audiovisual or otherwise, including the name and/or image they may choose to identify themselves on the Solution) and in particular the opinions they share in connection with the Services (the "Content").
They guarantee MAGMA that they have all rights and permissions necessary for the distribution of this Content.
They undertake that the said Content is lawful, does not violate public order or good morals or the rights of third parties, does not infringe any statutory or regulatory provision, and more generally, is not likely to give rise to MAGMA's civil or criminal liability.
The Ambassador expressly agrees not to distribute, in particular and without limitation:
The Ambassador must take the necessary steps to back up, at their own expense, any information on their Account that they deem necessary, as no copy of such information will be provided to them.
The Ambassador is informed and agrees that the implementation of the Services requires them to be connected to the internet and that the quality of the Services directly depends on that connection, for which they alone are responsible.
The Ambassador guarantees MAGMA against any complaints, claims, actions, and/or demands whatsoever that MAGMA may incur as a result of the Ambassador's breach of any of their obligations or warranties under these general terms and conditions.
It is strictly prohibited to use the Solution and Services for the following purposes:
It is strictly prohibited for the Ambassador to copy and/or divert, for their own purposes or those of third parties, the concept, technologies, any or all data, or any other element of the MAGMA Solution.
The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down, or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into MAGMA's systems, (iii) any misappropriation of the Solution's system resources, (iv) any actions likely to impose a disproportionate load on its infrastructure, (v) any breach of security or authentication measures, (vi) any acts likely to harm the financial, commercial, or moral rights and interests of MAGMA or the users of its Solution, and more generally (vii) any breach of these general terms and conditions.
It is strictly prohibited to monetize, sell or grant all or part of access to the Services or the Solution, as well as the information hosted and/or shared on it.
In the event of a breach of any of the provisions of these general terms and conditions, or more generally of violations of applicable laws and regulations by the Ambassador, MAGMA reserves the right to take any appropriate measures, including:
15.1 MAGMA undertakes to provide the Services diligently and in accordance with industry standards, it being understood that it is under a best-efforts obligation, to the exclusion of any performance-based obligation, which the Ambassadors expressly acknowledge and accept.
15.2 MAGMA does not review the Content posted online by the Ambassador in the context of the Services and on which it exercises no moderation, selection, verification, or control whatsoever. MAGMA merely acts as a hosting provider with respect to this Content.
Consequently, MAGMA cannot be held liable for any such Content, which is published under the responsibility of the third party who submitted it. Any potential claim should be directed first to the author of the Content in question.
Content harmful to a third party may be reported to MAGMA according to the procedure provided by Article 6 I 5 of French Law no. 2004-575 of June 21, 2004 on Confidence in the Digital Economy, with MAGMA reserving the right to take the measures described in the article "Penalties for breaches."
MAGMA does its utmost to provide the Ambassador with quality Services, as indicated in the Organization's General Terms and Conditions. In particular, MAGMA undertakes to comply with all provisions of the Organization's General Terms and Conditions relating to maintenance, hosting and assistance of Ambassadors on the Solution.
15.3 MAGMA acts by making tools and technical means available to Ambassadors, enabling them to connect with Prospects via the Solution. Its liability is limited to providing these means, as described herein, and to putting Prospects in contact with Ambassadors.
MAGMA acts in its own name and does not enter into any legal act on behalf of the Prospects of the Ambassadors or the Organization.
MAGMA is not a party to contracts concluded between Ambassadors and Organizations, and can under no circumstances be held liable for any difficulties that may arise during the conclusion or performance of those contracts, nor be a party to any potential disputes between the Ambassadors and the Organizations.
However, in the interest of continuously improving the quality of the Services, MAGMA invites Ambassadors, through the Organizations, to share any comments and information that they consider relevant regarding the quality of the services carried out through the Solution and the Services.
15.4 MAGMA declines all liability in the event of any loss of information accessible in the Ambassador's Account, as the Ambassador is responsible for saving a backup and may not claim any compensation in this regard.
15.5 MAGMA declines all liability relating to the collection of Points and access to Rewards by the Ambassador under the article "Points collection and rewards", the terms of which are freely set by the Organization.
15.6 MAGMA undertakes to carry out regular checks to verify the operation and accessibility of the Solution. To this end, MAGMA reserves the right to temporarily interrupt access to the Solution for maintenance purposes. MAGMA shall not be held liable for any temporary difficulties or impossibilities of access to the Solution caused by circumstances outside its control, force majeure, or by disruptions in telecommunications networks.
15.7 MAGMA does not guarantee to the Ambassadors (i) that the Solution and Services—subject to continuous research to improve performance and progress—will be totally error-, defect-, or flaw-free, (ii) that the Solution and Services—being standard and not offered solely for the needs of a given Ambassador according to their own personal constraints—will specifically meet their needs and expectations.
15.8 MAGMA's liability is limited to direct proven damage suffered by the Ambassador as a result of the use of the Services.
With the exception of bodily injury, death and gross negligence, and subject to having made a claim by registered letter with acknowledgment of receipt, within one month of the occurrence of the damage, MAGMA's liability may not be engaged for an amount exceeding the amounts it has received from the Organization during the 12 months preceding the event giving rise to liability or the duration of provision of its Services if this duration is shorter.
By subscribing to the Services, the Ambassador acknowledges that they will be required to create content of any kind in the framework of performing the Actions, in particular the creation of filmed challenge testimonials or various content (the "Content").
Consequently, the Ambassador consents to the Organization being able to:
If the Ambassador is an individual, they authorize the Organization to use free of charge the image attached to their Content as well as their name and voice captured in any video Content in order to promote the Organization, by any means and on any medium, worldwide, for the duration of the Organization's subscription to MAGMA's Services.
The Solution is the property of MAGMA, as are the Site, software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) that it operates. They are protected by all intellectual property rights or database producer rights in force. The license that MAGMA grants to the Ambassadors does not entail any transfer of ownership.
The Ambassadors benefit from a non-exclusive and non-transferable SaaS license to use the Solution for the duration provided for in the article "Duration".
MAGMA undertakes to comply with the regulations applicable to personal data, in particular the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016) and the French Data Protection Act of January 6, 1978, as most recently amended.
In the context of the Services, MAGMA may process personal data relating to Ambassadors on behalf of the Organization, in its capacity as a data processor. To learn more about how their personal data is collected and about their rights, Ambassadors are invited to consult MAGMA's Privacy Policy.
Each party undertakes to maintain strict confidentiality regarding any documents, items, data, and information from the other party that it receives and that are explicitly identified by the other party as confidential. In the case of MAGMA, the parties expressly agree that this confidentiality obligation covers the personal data that MAGMA may process in connection with the Services. All such information is referred to hereafter as "Confidential Information".
The party receiving Confidential Information undertakes not to disclose it without the prior consent of the other party, for a period of 5 years following the end of the performance of the relevant Services. It may only transmit it to employees, collaborators, trainees, or advisors if they are bound by the same confidentiality obligation as that set forth herein. This obligation does not apply to documents, items, data, and information:
The parties may not be held responsible for any breaches or delays in the performance of their contractual obligations due to a case of force majeure occurring during the duration of their relationship, as defined in Article 1218 of the French Civil Code.
If one of the parties is prevented from performing its obligations due to a case of force majeure, it must inform the other party by registered letter with acknowledgment of receipt. The obligations are suspended upon receipt of the letter, and must be resumed within a reasonable period upon cessation of the force majeure event.
The prevented party nevertheless remains bound by the performance of obligations not affected by force majeure and by any payment obligation.
The Services automatically end if the Organization's General Terms and Conditions are terminated under the conditions provided for in the article "Duration".
In such case, the Ambassador will no longer have access to their Account.
If the Ambassador wishes to deregister from the Solution, they must inform their Organization. The Organization will notify this request to MAGMA by email at hi@magma.app, which will proceed to deactivate their Account within 48 hours. Deregistration results in the automatic archiving of the Ambassador's Account on the Solution as well as their Points.
Under no circumstances can MAGMA be held liable for the technical availability of websites or mobile applications operated by third parties (including any partners) which the Ambassador may access via the Solution.
MAGMA reserves the right to modify these general terms and conditions at any time.
The Ambassador will be informed of these modifications by any appropriate means.
An Ambassador who does not accept the amended general terms and conditions must deregister from the Services in accordance with the provisions in the article "End of Services".
Any Ambassador who uses the Services after the amended terms come into force is deemed to have accepted these modifications.
In the event of a dispute between the Ambassador and MAGMA relating to the performance of these terms, the Ambassador may use the following consumer mediator free of charge for an amicable resolution:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
In the event of a translation of these general terms and conditions into one or more languages, the French language shall prevail in the event of a contradiction or dispute concerning the interpretation of a term or provision.
These general terms and conditions are governed by French law.
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