Terms of use:
These terms of use apply to anyone wishing to access the text messaging services offered on this website. To view our full terms and conditions, please refer to the PDF file available in English. By using this site, you acknowledge that you have read our terms and conditions and fully accept them.
Description:
- General Conditions: these terms of use of the service.
- GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data and on the free movement of such data, repealing Directive 95/46/EC.
- Client: any individual aged at least 16 years or any legal entity accessing the services and having entered into an agreement with SendAnonymousSMS, or having received an offer or a quote from it.
- Agreement: the contract established between SendAnonymousSMS and the Client regarding the use of the service.
- Parties: collectively refers to SendAnonymousSMS and the Client.
- Product(s): all SMS services made available via the website sendanonymoussms.com.
- SendAnonymousSMS: brand operated by the company SendAnonymousSMS, headquartered in Lille.
1. Information about the Operator (SendAnonymousSMS)
- Company Name: SendAnonymousSMS, a company registered in Lille.
- Email: For any inquiries, please contact us at esa.contact.hub@gmail.com.
2. Scope of Application of the General Conditions
These General Conditions govern all offers, business relationships, agreements, and legal interactions, present or future, between SendAnonymousSMS and the Client. The application of any general conditions from the Client is expressly excluded.
By accessing the services, using them, downloading, or publishing content through them, the Client acknowledges having read, understood, and accepted these General Conditions.
3. Offer and Conclusion of the Contract
Unless expressly stated otherwise, all offers from SendAnonymousSMS are non-binding. Any manifest error in an offer (including typographical errors) shall not engage the liability of SendAnonymousSMS. The contract is deemed concluded as soon as the Client clicks on a confirmation button such as "Send" or "Continue" on one of the platform's sites.
4. Payment Terms
All prices displayed are in euros and include Value Added Tax (VAT), as well as any other applicable taxes, unless expressly stated otherwise. Unless otherwise provided in the contract or the offer issued by SendAnonymousSMS, payment must be made immediately after the conclusion of the contract. In any case, payment must be made no later than five (5) calendar days following the conclusion of the contract.
The Client may not in any case offset any claim it may have against SendAnonymousSMS with any claim that SendAnonymousSMS may have against it, unless there is an explicit and prior agreement from SendAnonymousSMS.
In the event of a payment delay by a consumer Client, and after a formal notice that remains unanswered for fourteen (14) days, late payment penalties will be applied in accordance with the provisions of Article L. 441-10 of the Commercial Code. These penalties will be calculated based on a rate equivalent to three times the legal interest rate in effect. Furthermore, a fixed recovery fee of 40 euros will be owed by the professional Client, in accordance with Article D. 441-5 of the Commercial Code, without prejudice to any additional costs incurred for the recovery of the debt.
If the Client acts in a professional capacity, extrajudicial recovery fees will be owed by right from the first day of delay, amounting to 15% of the principal amount due, with a minimum of 40 euros.
5. Right of Withdrawal
In accordance with Article L. 221-28 of the Consumer Code, the consumer Client expressly acknowledges that the service provided by SendAnonymousSMS is a service that is fully executed before the expiration of the fourteen (14) day withdrawal period. Consequently, they expressly waive their right of withdrawal. The right of withdrawal does not apply in any case to Clients acting in a professional capacity.
6. Rights, Obligations and Responsibilities of the Client
The Client guarantees that they are at least sixteen (16) years old at the time of accessing or using the service. When using the product, they must behave responsibly and in accordance with the expectations of a prudent user of Internet and SMS services.
The Client agrees not to use the service to send messages or communications of an illegal nature to Anonymous individuals or third parties. In particular, they are prohibited from sending, including but not limited to, offensive, racist, discriminatory, pornographic, provocative messages, or from conducting unsolicited communications for commercial, ideological or charitable purposes (also known as SPAM). The Client is also prohibited from any use of the service for illegal or criminal purposes.
The Client guarantees that the input of data and the sending of messages via the service will not infringe in any way the rights of third parties, including intellectual property rights.
It is strictly forbidden for the Client to execute their own processes or programs, or external processes, on the systems and products of SendAnonymousSMS. The Client must also refrain from using software or any other means that may interfere with the provision of services to other users.
The Client agrees to use the sender's address legally, taking care not to use phone numbers that do not belong to them, fictitious names (including trade names, first names or surnames that are not those of the Client), as well as illegal terms or symbols.
The Client is in no case authorized to enter, transmit or store personal data (as defined in Article 4 of the GDPR) via or in connection with the Product and/or the systems of SendAnonymousSMS, except for the personal data necessary to ensure compliance with the commitment specified above.
Despite the commitments stated in this section, the Client retains full responsibility for the input of data in the Product as well as for the sending of messages and/or communications. SendAnonymousSMS does not carry out any verification of the information entered or the messages transmitted.
Consequently, the Client remains legally responsible for all data entered as well as the messages or communications sent.
The Client also agrees to indemnify SendAnonymousSMS against any third-party claims (including, but not limited to, claims for damages, third-party compensation, and fines imposed by regulatory authorities) arising from its acts or omissions contrary to the obligations defined in this article.
In the event of the Client's failure to comply with any of its obligations mentioned above, the Client shall immediately pay SendAnonymousSMS a penalty of 5000 EUR per infraction, without prior notice being required, nor the need to prove any damage. This penalty is due without prejudice to any other remedies available to SendAnonymousSMS, including the possibility of seeking additional compensation.
In the event that the Client does not comply with its contractual obligations, SendAnonymousSMS reserves the right to suspend access to the services by blocking the IP address, bank account number, credit card number, and/or email address used by the Client to access the Product.
7. Rights, obligations, and responsibilities of SendAnonymousSMS
SendAnonymousSMS commits to executing the Contract diligently and appropriately.
The dates, times of availability, and delivery deadlines communicated by SendAnonymousSMS are estimates only and do not constitute firm commitments. This information cannot be considered as mandatory deadlines, unless expressly stated otherwise.
In case of a malfunction related to the Internet connection or a hardware and/or software failure, SendAnonymousSMS will strive to resolve the issue as quickly as possible, without being held responsible. If this failure originates from a third party, SendAnonymousSMS cannot be held liable for the duration of the malfunction or its occurrence. In the event of a malfunction attributable to the Client, the costs of restoration will be borne by the Client.
SendAnonymousSMS also reserves the right to temporarily suspend its services for maintenance operations, without this suspension incurring any liability on its part.
Finally, SendAnonymousSMS does not guarantee that messages or communications sent via the Product will arrive at the recipient in the same form as sent, nor that they will be received at the scheduled time.
Consequently, SendAnonymousSMS disclaims any liability for incorrect or late receipt of a message or communication.
8. Liability
The Products provided by SendAnonymousSMS are intended for use exclusively in the European Economic Area (EEA) and in France. In the event of using any of the Products outside the EEA, the Client assumes all risks associated with such use. Consequently, SendAnonymousSMS disclaims any liability for the use of its Products outside the EEA.
In the event of a breach by SendAnonymousSMS of its contractual obligations, its liability is limited to direct damages, up to the amount charged to the Client in the twelve months preceding the incident, with a cap of 2500 EUR per event or series of related events. These limitations of liability do not apply in cases of intentional wrongdoing or gross negligence by SendAnonymousSMS.
SendAnonymousSMS disclaims all liability for other types of damages, including but not limited to indirect, consequential damages, or related to loss of revenue or profits.
SendAnonymousSMS shall not be liable for delays, data loss, or failure to meet deadlines due to changes in the circumstances, information, or materials provided by the Client, nor for damages arising from information or advice provided by SendAnonymousSMS that are not explicitly included in the Contract. The liability exclusions mentioned in this paragraph do not apply in cases of intentional wrongdoing or gross negligence.
To be eligible for compensation, the Client must report any performance defect within two months of delivery. If a breach is found, SendAnonymousSMS may remedy it within a reasonable timeframe, without being obliged to pay damages.
Any claim by the Client against SendAnonymousSMS will be time-barred after twelve months from the incident, unless the Client has taken appropriate measures regarding this claim.
In the event of wrongdoing by SendAnonymousSMS or its employees or agents for whom it is responsible, SendAnonymousSMS's liability shall be limited to a maximum amount of 2500 EUR. This limitation of liability does not apply in cases of intentional wrongdoing or gross negligence.
The limitations and exclusions of liability of SendAnonymousSMS set forth in the General Terms also apply to all individuals or entities, employees or agents, that SendAnonymousSMS engages in the performance of the Contract.
The limitations and exclusions of liability mentioned in this article do not limit any other exclusions and limitations of liability of SendAnonymousSMS contained in these General Terms.
9. Force Majeure
In addition to the provisions provided, a breach by SendAnonymousSMS of its obligations to the Client is also considered a case of force majeure when it results from a circumstance beyond the control of SendAnonymousSMS, preventing the total or partial performance of its obligations, or making such performance unreasonably burdensome. Such circumstances include, but are not limited to, non-performance by suppliers or other third parties, power outages, computer viruses, strikes, and work stoppages.
In the event that such a situation arises and prevents SendAnonymousSMS from fulfilling its obligations to the Client, these obligations may be suspended as long as SendAnonymousSMS is unable to perform them. If this situation persists for ten working days, both SendAnonymousSMS and the Client shall have the right to terminate all or part of the Agreement in writing. In this case, SendAnonymousSMS shall not be liable to pay any compensation for any damages, even if it benefits from an advantage related to the force majeure situation.
10. Privacy
The products of SendAnonymousSMS are not intended for children under the age of sixteen (16). SendAnonymousSMS does not knowingly solicit, collect, or retain information from individuals it knows to be under sixteen (16) years old. No part of the products is designed to attract an audience of under sixteen (16) years old. Furthermore, SendAnonymousSMS does not send any communication to anyone claiming to be under sixteen (16) years old. If SendAnonymousSMS learns that a user or client is under sixteen (16) years old, it will take necessary measures to delete that user/client's personal information from its systems. If you are the parent or guardian of a child you believe has disclosed personal information to SendAnonymousSMS, please contact us by mail so that this data can be removed from our system.
To the extent necessary for the performance of the Agreement, the Client expressly authorizes SendAnonymousSMS to process their personal data and to transmit it to third parties for this purpose.
SendAnonymousSMS also reserves the right to disclose personal data or other information to law enforcement authorities, particularly when the Product is used illegally by the Client, or in situations where SendAnonymousSMS is legally required to provide such information under a court order. The Client explicitly consents to this data disclosure.
The IP address used by the Client is recorded when using the Product. In the case of payment via iDEAL, Bancontact, Sofort, eps, or Multibanco, the account or credit card number used by the Client, as well as the name, residence, and/or email address of the account or cardholder, will also be retained. For payments made via PayPal, the following information will be recorded: name, email address, and address of the Client. In the case of payment by credit card, Apple Pay, Google Pay, or Microsoft Pay, the credit card data used will also be stored. If payment is made by phone, the phone number used will be recorded. The aforementioned data will be retained by SendAnonymousSMS for a period of 18 months. The Client explicitly consents to this data collection and retention.
If the Client collects or processes personal data in any other way while using the Product, they will be considered the ‘data controller’ in accordance with Regulation (EU) 2016/679 (GDPR). The Client must therefore ensure that a legal basis exists for this data processing.
The Client agrees to indemnify SendAnonymousSMS against any claims or demands from third parties, including but not limited to compensation claims and fines imposed by a regulatory authority, as well as any damages arising from an act or omission by the Client that violates, or is perceived to violate, applicable privacy laws, such as the GDPR.
In accordance with the General Terms and Conditions, the Client is not permitted to collect, send or otherwise store personal data (as defined in Article 4 of the GDPR) via, in or with the Product and/or the systems of SendAnonymousSMS (unless otherwise stated in the General Terms and Conditions). Therefore, SendAnonymousSMS cannot be considered a data processor within the meaning of Article 4 of the GDPR. If the Client fails to comply with this obligation, SendAnonymousSMS maintains its position that, for legal reasons, it cannot be classified as a data processor under Article 4 of the GDPR. If, despite this, the GDPR were to consider SendAnonymousSMS as a data processor, the provisions below shall apply between the Parties, and only in that specific case.
This article constitutes an agreement regarding data processing, as described in Article 28 of the GDPR.
The Client warrants that there is a legal basis for the processing of personal data in accordance with Article 6(1) of the GDPR.
SendAnonymousSMS processes personal data solely on behalf of the Client and in accordance with its written instructions. If, in the opinion of SendAnonymousSMS, such instruction infringes the GDPR or any other European or national data protection legislation, SendAnonymousSMS will immediately inform the Client.
SendAnonymousSMS is permitted to engage third parties for the execution of the Contract. This includes subcontractors, such as web hosting companies. In the event of a change concerning the addition or replacement of subcontractors, the Client may object to these changes as long as the Contract between the Parties remains in force.
As far as possible, SendAnonymousSMS will assist the Client, upon request, in fulfilling its obligation to respond to requests for the exercise of rights of data subjects, in accordance with Chapter III of the GDPR. SendAnonymousSMS may charge the Client for the costs related to this assistance, calculated based on an agreed hourly rate in the Contract or, failing that, a reasonable rate.
The Client undertakes to independently respond to requests for the exercise of rights of data subjects as defined in Chapter III of the GDPR, in the event that it has access to the personal data necessary for these requests.
Due to the nature of the processing and the information available to SendAnonymousSMS, it commits to providing all necessary assistance to the Client, upon request, to ensure compliance with the obligations set out in Articles 32 to 36 of the GDPR. SendAnonymousSMS may charge for this assistance at an agreed hourly rate in the Contract, or failing that, at a reasonable rate.
SendAnonymousSMS will take all necessary technical and organisational measures, as stipulated in Article 32 of the GDPR, to ensure an appropriate level of security based on identified risks.
In the event that SendAnonymousSMS detects a breach related to personal data, as described in Articles 33 and/or 34 of the GDPR (hereinafter referred to as a "Data Breach"), it will immediately inform the Client. In such case, SendAnonymousSMS commits, at the Client's request, to provide all necessary assistance to enable the Client to notify the competent supervisory authority, and, if necessary, to communicate the breach to the affected individuals within the required timeframe.
SendAnonymousSMS and its collaborators are required to ensure the confidentiality of personal data, except in cases of legal obligation to disclose or when the task of SendAnonymousSMS necessitates such disclosure.
Regarding the liability of SendAnonymousSMS, only the provisions set out in this article, as well as those agreed in the Contract and the General Terms, apply.
SendAnonymousSMS does not assume responsibility for fines imposed on the Client by the competent regulatory authority, such as the Dutch Data Protection Authority, unless this results from intentional wrongdoing or gross negligence on the part of SendAnonymousSMS.
Any shortcomings of third parties engaged in the execution of the Processing Agreement cannot be attributed to SendAnonymousSMS.
The Client has the right to verify SendAnonymousSMS's compliance with its obligations under this Processing Agreement through an audit. They must inform SendAnonymousSMS as soon as possible and specify who will conduct the audit, as well as the chosen method and schedule.
SendAnonymousSMS will have a reasonable period to express any objections to the conduct of the audit. If objections are raised before the audit is conducted, the Parties commit to consult each other to resolve these disputes, taking into account the legitimate interests of each party. SendAnonymousSMS cannot refuse to cooperate with the audit for unfounded reasons (for example, by raising unreasonable objections). All costs related to this audit will be borne by the Client.
Upon request, SendAnonymousSMS will provide the Client with the necessary information to demonstrate compliance with the obligations set out in Article 28 of the GDPR.
11. Intellectual Property
The Client guarantees that the use of the Product does not infringe any intellectual property rights belonging to third parties. They are prohibited from removing or modifying any mention related to these intellectual property rights.
SendAnonymousSMS reserves the right to implement technical measures to protect its intellectual property rights. If such protections are implemented for the Product and/or associated rights, the Client may not remove or circumvent these measures.
12. Complaint Procedure
SendAnonymousSMS will make every effort to respond to the Client's complaints as quickly as possible. The Client can submit a detailed complaint by contacting SendAnonymousSMS via the following email: esa.contact.hub@gmail.com. If reasonably feasible, SendAnonymousSMS commits to addressing the complaint within five working days of receipt and to providing a substantial response as soon as possible.
If the Client is a natural person acting in a private capacity and not in the context of their professional activity, they also have the option to submit a complaint to the Dispute Committee via the European ODR platform, accessible at the following site: https://ec.europa.eu/consumers/odr/.
The complaint procedures mentioned in this article do not affect the right of the Parties to bring matters before the competent courts.
13. Final Provisions
The legal relations between the Parties shall be governed and interpreted in accordance with French law. The Vienna Convention on Sales is not applicable. These General Conditions are written in all possible languages. In case of contradiction, the Dutch version, available at https://envoyersmsanonyme.fr, shall prevail.
If the Client is a natural person acting privately and not in the context of their professional activity, any dispute arising from the contract concluded with this Client shall be exclusively submitted to the competent court of the Client's residence.
The previous paragraph does not apply if the Client acts within the framework of their commercial, industrial, artisanal, or professional activity. In this case, any dispute related to the contract concluded between EnvoyerSmsAnonyme and a Client acting in a professional capacity shall be exclusively submitted to the French court.
The Client's rights under the Contract cannot be assigned to a third party without the prior written consent of EnvoyerSmsAnonyme.
If the Client is a natural person acting privately and not in the context of their professional activity. Such provisions will not form part of the agreement between EnvoyerSmsAnonyme and a natural person acting for non-professional purposes.
In the event that a provision of the Contract is deemed null, void, or unenforceable, the Contract shall remain valid. The Parties shall strive to replace this provision with a new, legally valid one that has as much as possible the same objective and effect as the annulled provision.