Terms of Service

Artist Magma is published by Blackbird Services SARL. It is hosted by Railway Corporation; the servers used for this service are located in the European Union (Amsterdam, the Netherlands).

These terms of use and service (the "Terms") govern access to and use of Artist Magma, an online artist agency management platform.

Creating an account, accessing an agency workspace or using the service constitutes unreserved acceptance of the Terms. If you accept them on behalf of a legal entity, you represent that you have authority to bind it.

The Terms, together with the online subscription or signed order form and the data processing agreement, form the entire agreement between the parties. In the event of conflict, a signed order form prevails over the Terms.

Artist Magma is reserved for professionals and is not intended for personal or household use.

Access to the service requires a personal account. An account may not be shared between several people.

The User is responsible for keeping their credentials confidential and for all activity carried out from their account. Any loss of control of an account must be reported without delay to admin@vesuveagency.com.

The Agency determines each User's rights: attachment to the Workspace, role, accessible modules and visible artists. The Publisher takes no part in those choices; it enforces them technically.

The User must be at least 16 years old and act in a professional capacity. The Publisher may refuse, suspend or close an account created in breach of the Terms.

The service offers sign-in with Google. Its use is subject to the Google Terms of Service and the Google Privacy Policy, to which the Publisher is not a party.

The Publisher requests only the openid, email and profile scopes from Google, and accesses no other service of the User's Google account. Details are set out in the privacy policy.

The User may revoke the access granted at any time from their Google account settings. Revocation prevents further sign-ins by that method; it neither deletes the Artist Magma account nor terminates the subscription.

Depending on the modules subscribed, Artist Magma provides features for scheduling shows and tours, managing deals and contracts, invoicing and payment tracking, travel logistics, and managing artists, projects and royalties.

The service is provided as online software: it requires no installation and evolves continuously. The Publisher may add, modify or withdraw features.

Withdrawal of a substantial feature is announced at least thirty (30) days in advance and entitles the Agency to terminate at no cost, with a pro rata refund of any prepaid, unused period.

Some features rely on third-party services for which the Agency supplies credentials or holds its own subscription: electronic signature, invoicing, transport data, streaming platforms.

The subscription is taken out per module, on a monthly or annual basis. The applicable price is the one displayed at the time of subscription.

Prices are exclusive of tax. Value added tax and any other applicable tax are added at the rate in force on the invoice date.

Payments are handled by our payment provider. By subscribing, the Agency authorises the subscription amount to be charged at each due date.

The subscription renews automatically for an equivalent period unless cancelled from the billing area before the end of the current period. Termination takes effect at that end date; amounts paid for the current period remain due and are not refunded pro rata, save where a mandatory legal provision requires otherwise.

In the event of non-payment, the Publisher may suspend access to the service after a reminder has gone unanswered for fifteen (15) days. Late payment interest at the enhanced statutory rate and the fixed recovery indemnity of forty (40) euros provided for in Articles L441-10 and D441-5 of the French Commercial Code are payable as of right.

Any price change is notified at least thirty (30) days before it takes effect and applies only from the following renewal. The Agency may terminate at no cost before that date.

As the service is reserved for professionals, the fourteen (14) day right of withdrawal provided for in Articles L221-18 et seq. of the French Consumer Code does not apply.

By way of exception, that right benefits a professional who subscribes off-premises where the subject matter of the contract falls outside their main field of activity and where they employ five or fewer staff, under Article L221-3 of the French Consumer Code. Where applicable, withdrawal is exercised by a request sent to admin@vesuveagency.com within fourteen (14) days of subscribing.

The Publisher uses reasonable means to keep the service continuously available, apart from maintenance operations.

Scheduled maintenance liable to interrupt the service is announced in advance where circumstances permit. Emergency maintenance, in particular security maintenance, may take place without notice.

Support is provided by email at admin@vesuveagency.com, on business days. No service level commitment is undertaken outside a separate written agreement.

The Agency and its Users shall not:

Client Content remains the property of the Agency. The Publisher uses it only to provide the service and for as long as that provision requires. It does not exploit it for advertising, to train artificial intelligence models, or for any purpose of its own.

The Agency warrants that it holds the necessary rights over the Client Content and is solely responsible for its lawfulness, in particular where it includes third-party personal data — artists, contacts, clients, travellers — or identity documents.

For personal data contained in the Client Content, the Agency acts as controller and the Publisher as processor within the meaning of Article 28 GDPR. Accordingly, the Publisher processes that data only on the Agency's documented instructions, ensures the confidentiality of the persons authorised to access it, implements the security measures described in the privacy policy, assists the Agency in handling data subject requests and breach notifications, and deletes or returns the data at the end of the contract.

The Publisher informs the Agency of any addition or replacement of a sub-processor with reasonable notice, allowing the Agency to object on legitimate grounds.

Processing for which the Publisher is itself the controller is described in the privacy policy.

The service may be connected to third-party services: electronic signature, invoicing, mapping, transport data, streaming platforms, payment. Those services are supplied by their own publishers, under their own terms, over which the Publisher has no control.

Where the Agency supplies its own credentials or access keys, it remains responsible for its subscription with the third party, for complying with that party's terms and for the consequences of a revocation.

The unavailability, modification or discontinuation of a third-party service may affect a feature without the Publisher's liability being engaged on that ground alone.

The service, its code, interfaces, databases, trademarks and graphic elements are and remain the exclusive property of the Publisher or its licensors, and are protected by the French Intellectual Property Code.

The Publisher grants the Agency, for the term of the subscription, a personal, non-exclusive and non-transferable right of use, limited to the internal needs of its business and to the modules subscribed.

Nothing in the Terms transfers any intellectual property right.

Feedback and suggestions sent by the Agency or its Users may be freely used by the Publisher to improve the service, without consideration.

Each party undertakes to keep confidential the non-public information received from the other in connection with the contract, to use it only to perform the contract, and to restrict access to those who need it.

This undertaking applies for the term of the contract and for three (3) years afterwards. It does not apply to information that is public, already known without an obligation of confidence, independently developed, or whose disclosure is legally required.

The Publisher provides the service with the care and skill reasonably expected of a professional in the field. Its obligation is one of means.

The Publisher does not warrant that the service will be free from interruption or error, nor that it will meet requirements not expressly agreed. It does not warrant the accuracy of data originating from third-party services, in particular transport schedules, streaming data and address directories.

The Agency is responsible for the accuracy of the data it enters, in particular bank details, amounts and the statements appearing on the contractual and tax documents it produces using the service. Generated documents constitute neither legal, accounting nor tax advice.

The Publisher's liability, on all grounds combined, is limited to the amount excluding tax actually paid by the Agency over the twelve (12) months preceding the event giving rise to the damage.

The Publisher is not liable for indirect damage, in particular loss of operations, loss of revenue, loss of customers, damage to reputation, nor for loss of data arising from a cause not attributable to it.

These limitations do not apply in the event of wilful misconduct or gross negligence, in the event of personal injury, or where the law prohibits them.

The Publisher may suspend access immediately in the event of a proven security risk, an attack on the integrity of the service, a lawful order from an authority, or persistent non-payment. Suspension is notified and lifted as soon as its cause ends.

Either party may terminate the contract as of right in the event of a serious breach by the other that is not remedied within thirty (30) days of a formal notice that has gone unanswered.

Termination ends the right to access the service, without prejudice to the data return provisions in the following article.

Throughout the subscription, the Agency may export its data from the service.

From the end of the contract, the Agency has thirty (30) days to request an export of its Client Content in a structured, commonly used, machine-readable format. Migration assistance may be agreed separately.

After that period, Client Content is deleted under the controlled procedure described in the privacy policy, except for records subject to legal retention, which are kept in a restricted-access archive for the duration of that obligation alone.

Neither party is liable for a failure resulting from force majeure within the meaning of Article 1218 of the French Civil Code, in particular natural disaster, fire, widespread failure of electronic communications or power networks, large-scale cyberattack, decision of a public authority, or major failure of an infrastructure supplier.

If the impediment lasts more than sixty (60) days, either party may terminate the contract by written notice, without compensation.

The Publisher may amend the Terms, in particular to reflect changes in the service, in technology, in the law or in regulations.

Any substantial change is notified at least thirty (30) days before it takes effect. An Agency that refuses the new version may terminate at no cost before that date; failing that, continued use constitutes acceptance.

Changes required by a legal or regulatory provision may take effect immediately.

The Terms are governed by French law, excluding its conflict of laws rules.

The parties shall endeavour to settle any dispute amicably. Failing agreement within thirty (30) days of a written complaint, the dispute shall be brought before the Commercial Court of Paris, including where there are several defendants or a third-party claim.

If, exceptionally, the user is a consumer, the protective jurisdiction rules provided by law remain available to them and they may use a consumer mediator free of charge.

For any question about the Terms: admin@vesuveagency.com.

For requests concerning personal data: admin@vesuveagency.com.