This translation is provided for information only; the French version is the authoritative text.
Article 1. Identification of the provider
These General Terms of Sale (hereinafter the “Terms”) are entered into between:
- MeetMagnet, a simplified joint-stock company (société par actions simplifiée) with share capital of 10,000 euros, registered with the Nantes Trade and Companies Register (RCS) under number 944 938 687, whose registered office is at 2 rue Alfred Kastler, 44300 Nantes, France, represented by Mr Etienne Douillard in his capacity as President, hereinafter “MeetMagnet” or “the Provider”;
- And any legal or natural person acting for professional purposes who subscribes to one of MeetMagnet’s offers, hereinafter “the Customer”.
Contact: etienne.douillard@meet-magnet.com. Website: https://www.meet-magnet.com/
EU VAT number: FR94944938687
Article 2. Purpose and scope
The purpose of these Terms is to define the conditions under which MeetMagnet provides the Customer with access to its sales prospecting software and the associated support services (hereinafter together “the Service”).
They apply to all subscriptions, whatever the offer chosen, and prevail over any other document of the Customer, in particular its general terms of purchase.
The Service is intended exclusively for professional customers (B2B relationship). The Customer declares that it subscribes in the course of its professional activity.
Article 3. Acceptance of the terms
Subscription to the Service takes place online, via a secure payment link provided by MeetMagnet and operated by Stripe.
Before the order is confirmed, the payment page clearly displays the name of the offer, its monthly price and the applicable minimum commitment period.
Confirmation of payment by the Customer constitutes full, complete and unreserved acceptance of the conditions displayed on that page and of these Terms. The Customer acknowledges having read them before confirming its order.
A copy of these Terms is provided to the Customer on request and is available online.
Article 4. Description of the Service
Under the “Assisted” offer (turnkey offer), MeetMagnet provides the Customer with:
- Named access to the MeetMagnet platform, including detection of purchase intent signals, prospect qualification, generation of personalised messages and their sending;
- Initial configuration of the account (persona, targets, purchase intents, searches, writing instructions);
- An individual support session lasting approximately thirty (30) minutes per month, scheduled by mutual agreement between the parties;
- Operational follow-up by the MeetMagnet team: adjustment of targeting, revision of messages, analysis of feedback and continuous optimisation of the account;
- Maintenance of the solution in operational condition: hosting, updates, fixes and functional improvements;
- Support by email and messaging on working days.
The other offers in the catalogue (“Self-serve” offer and “AI integration” offer) have a specific scope set out at the time of subscription or in the quote.
Article 5. Nature of the obligation and ramp-up period
MeetMagnet is bound by an obligation of means (best efforts) and not by an obligation of result. The Provider undertakes to implement the technical and human resources described in Article 4 diligently and in accordance with professional standards.
The Customer expressly acknowledges that the Service relies on progressive learning: setting up the targeting, refining the intent signals and calibrating the messages require several iteration cycles before reaching their full performance.
The parties agree that the first month is a setup and learning phase, and that the performance of the Service is assessed over the entire minimum commitment period and not over that first month in isolation. The absence of commercial results during the first month does not constitute a contractual breach by MeetMagnet.
MeetMagnet guarantees neither a number of meetings, nor a volume of replies, nor any revenue, as these depend in particular on the Customer’s market, its offer, its responsiveness and its active participation in the arrangement.
Article 6. Term and commitment
The subscription is entered into for a minimum commitment period of three (3) consecutive months, corresponding to three (3) successive monthly instalments, from the date of the first subscription.
This minimum period is inseparable from the nature of the Service: it corresponds to the cycle required for the setup, learning and full deployment of the features. It is brought to the Customer’s attention on the payment page before the order is confirmed.
At the end of the minimum commitment period, the subscription continues by tacit renewal, for successive periods of one (1) month, or by an extension and commitment agreed contractually with the Customer.
Beyond the commitment period agreed contractually with the customer, either party may terminate the subscription at any time, in writing (email is sufficient), without notice. Termination takes effect at the end of the monthly period.
Article 7. Price, invoicing and payment
Prices are stated in euros excluding taxes. VAT at the applicable rate is added.
The “Assisted” offer is invoiced at two hundred and ninety-nine euros (€299.00) excluding taxes per month, i.e. three hundred and fifty-eight euros and eighty cents (€358.80) including taxes at the VAT rate of 20%.
Payment is made by monthly automatic debit from the payment method registered by the Customer at subscription, via the payment provider Stripe, or by invoice. The Customer expressly authorises MeetMagnet to make these debits for the entire duration of the subscription.
Each instalment is payable on its due date. The first debit takes place on the day of subscription, and the following ones on the same date each month.
In the event of non-payment, and after a reminder that has remained unanswered for seven (7) days, MeetMagnet reserves the right to suspend access to the Service, without such suspension releasing the Customer from the sums remaining due for the commitment period.
In accordance with Articles L. 441-10 and D. 441-5 of the French Commercial Code, any late payment automatically gives rise to penalties calculated at the increased legal interest rate, as well as a fixed indemnity for recovery costs of forty euros (€40.00).
Article 8. Early termination
The Customer may not terminate the subscription before the end of the minimum commitment period of three (3) months, except in the event of a serious breach by MeetMagnet that has not been remedied under the conditions set out in Article 9.
Any request for interruption made by the Customer before that term does not entail a refund of sums already paid, nor the cancellation of instalments still to fall due until the end of the commitment period, which remain payable in full.
The Customer nevertheless retains, until the end of that period, the benefit of the entire Service described in Article 4, including access to the platform, the monthly support sessions and the operational follow-up, whether or not it makes use of them.
As the services are provided continuously and the Customer is a professional, the right of withdrawal provided for in Articles L. 221-18 et seq. of the French Consumer Code does not apply.
Article 9. Complaints and remediation procedure
If dissatisfied, the Customer informs MeetMagnet in writing, specifying the breaches observed.
MeetMagnet then has fifteen (15) working days to propose and implement a remediation plan: adjustment of the configuration, reinforced support, or any appropriate corrective measure.
Only if this remediation procedure has demonstrably failed, as recorded in writing, may the Customer request early termination of the contract. The parties undertake to seek an amicable solution in good faith before taking any action.
Article 10. Customer obligations
The Customer undertakes to:
- Provide the information needed to configure the Service (target, offer, sales arguments, evidence) and keep it up to date;
- Take part in the monthly support sessions provided for in Article 4 and respond to MeetMagnet’s requests within a reasonable time;
- Handle the commercial follow-up of the opportunities generated (replies, follow-ups, booking meetings);
- Use the Service in accordance with applicable laws and with the terms of use of the third-party platforms used;
- Not resell, sub-license or make access to the Service available to third parties without MeetMagnet’s prior written consent.
A lack of cooperation by the Customer cannot be held against MeetMagnet as grounds for insufficient results.
Article 11. Personal data
In performing the Service, the Customer acts as controller and MeetMagnet as processor within the meaning of Article 28 of Regulation (EU) 2016/679 (GDPR).
MeetMagnet processes data solely on behalf of the Customer, on its documented instructions, implements appropriate technical and organisational measures, and follows the recommendations of the CNIL (the French data protection authority) on commercial prospecting and the collection of data available online.
A data processing agreement (DPA) detailing these commitments is provided to the Customer on request.
Article 12. Intellectual property
The MeetMagnet solution, its software components, its artificial intelligence models, its databases and its documentation remain the exclusive property of MeetMagnet.
The subscription grants the Customer a personal, non-exclusive and non-transferable right to use the Service, limited to the duration of the subscription.
The Customer’s own data (targets, content, contacts resulting from its prospecting) remain its property.
Article 13. Confidentiality
Each party undertakes to keep confidential the technical, commercial or strategic information received from the other party in the course of performing the contract, for its entire duration and for two (2) years after its end.
Article 14. Liability
MeetMagnet’s liability is limited to direct and foreseeable damage and may not exceed the total amount excluding taxes actually paid by the Customer in the twelve (12) months preceding the event giving rise to liability.
MeetMagnet cannot be held liable for indirect damage, in particular loss of revenue, loss of customers, loss of data or damage to reputation.
MeetMagnet cannot be held liable for interruptions, restrictions or changes imposed by the third-party platforms on which the Service partly relies.
Article 15. Force majeure
Neither party may be held liable for a failure resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code and the case law of the French courts.
Article 16. Commercial references
Unless the Customer objects in writing, MeetMagnet is authorised to cite the Customer’s name and logo as a commercial reference.
Article 17. Changes to the Terms
MeetMagnet reserves the right to amend these Terms. The applicable Terms are those in force on the date of the Customer’s subscription. Any substantial change is notified to the Customer at least thirty (30) days before it comes into force; it takes effect at the next renewal.
Article 18. Governing law and jurisdiction
These Terms are governed by French law.
In the event of a dispute, the parties undertake to seek an amicable solution before bringing any legal action. Failing agreement within thirty (30) days, exclusive jurisdiction is expressly granted to the Commercial Court of Nantes (Tribunal de commerce de Nantes), notwithstanding multiple defendants or third-party claims.
Document drawn up by MeetMagnet SAS.