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 and fully accept our terms and conditions.
Description:
- General Terms: 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 natural person 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 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 sendanonyousms.com.
- SendAnonymousSMS: brand operated by the company SendAnonymousSMS, headquartered in Lille.
1. Information about the Operator (SendAnonymousSMS)
- Company Name: SendAnonymousSMS, registered in Lille.
- Email: For any inquiries, contact us at [email protected].
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 of the Client is expressly excluded.
By accessing the services, using them, downloading, or posting content through them, the Client acknowledges that they have read, understood, and accepted these General Conditions.
3. Offer and Conclusion of the Contract
Unless explicitly 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 displayed prices 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 after the conclusion of the contract.
The Client may not under any circumstances set off any claims they may have against SendAnonymousSMS with any claims of SendAnonymousSMS against them, unless there is an explicit and prior agreement from SendAnonymousSMS.
In the event of a delay in payment by a consumer Client, and after a formal notice that has remained ineffective for fourteen (14) days, late penalties shall 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 force. Moreover, a flat-rate recovery fee of 40 euros will be payable by the professional Client, in accordance with Article D. 441-5 of the Commercial Code, without prejudice to additional costs incurred for the recovery of the claim.
If the Client acts in a professional capacity, extrajudicial recovery fees will be due as of 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 fully performed 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 warrants that they are at least sixteen (16) years old at the time of accessing or using the service. When using the product, they must act 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 illegal messages or communications to Anonymous individuals or third parties. In particular, they are prohibited from sending, without limitation, offensive, racist, discriminatory, pornographic, provocative messages, or from conducting unsolicited sendings for commercial, ideological, or charitable purposes (also known as SPAM). The Client is also prohibited from using the service for illegal or criminal purposes.
The Client guarantees that entering data and sending messages via the service will not infringe upon the rights of third parties, including intellectual property rights.
The Client is strictly prohibited from executing 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 could disrupt the provision of services to other users.
The Client agrees to use the sender's address legally, taking care not to resort to phone numbers that do not belong to them, fictitious names (including business 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 permitted 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 above-stated commitment.
Notwithstanding the commitments specified in this section, the Client retains full responsibility for entering data into the Product as well as for sending messages and/or communications. SendAnonymousSMS does not conduct any verification of the entered information or transmitted messages.
Consequently, the Client remains legally responsible for all entered data as well as for the messages or communications sent.
The Client also agrees to indemnify SendAnonymousSMS against any claims from third parties (including, but not limited to, compensation requests, third-party indemnities, and fines imposed by regulatory authorities) arising from their actions or omissions contrary to the obligations set forth in this article.
In the event of the Client's failure to comply with any of the above obligations, they shall immediately pay SendAnonymousSMS a penalty of 5000 EUR for each breach, without the need for prior notice or proof of 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 fails to meet their contractual obligations, SendAnonymousSMS reserves the right to suspend access to 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 times communicated by SendAnonymousSMS are estimates only and do not constitute any firm commitments. This information cannot be considered as mandatory deadlines, unless expressly stated otherwise.
In the event of a malfunction related to internet connectivity or a hardware and/or software failure, SendAnonymousSMS will endeavour to resolve the issue as quickly as possible but will not be held responsible. If this failure originates from a third party, SendAnonymousSMS cannot be held liable for the duration or occurrence of the malfunction. If the malfunction is attributable to the Client, the costs of recovery 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.
As a result, SendAnonymousSMS declines any responsibility in the event of incorrect or late receipt of a message or communication.
8. Liability
The Products provided by SendAnonymousSMS are intended for use exclusively within 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. Therefore, SendAnonymousSMS declines any responsibility for the use of its Products outside the EEA.
In case of breach by SendAnonymousSMS of its contractual obligations, its liability is limited to direct damages, capped at the amount charged to the Client during the twelve months preceding the incident, with a maximum limit of 2500 EUR per event or series of related events. These liability limitations do not apply in cases of intentional wrongdoing or gross negligence by SendAnonymousSMS.
SendAnonymousSMS disclaims any liability for other types of damages, including, but not limited to, indirect, consequential damages, or loss of turnover or profits.
SendAnonymousSMS cannot under any circumstances be held liable for delays, data loss, or failure to meet deadlines due to changes in the Client's circumstances, information, or materials, nor for damages arising from advice or information provided by SendAnonymousSMS that is 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 entitled to compensation, the Client must report any performance defects within two months of delivery. If a breach is found, SendAnonymousSMS may, within a reasonable timeframe, rectify the issue, without being obliged to pay damages.
Any claim by the Client against SendAnonymousSMS will be time-barred twelve months from the incident, unless the Client has taken appropriate measures regarding this claim.
In the event of a fault by SendAnonymousSMS or its employees or subordinates for whom it is responsible, the liability of SendAnonymousSMS shall be limited to a maximum amount of 2,500 EUR. This limitation of liability shall not apply in cases of intentional fault or gross negligence.
The liabilities and exclusions of liability of SendAnonymousSMS set out in the General Terms and Conditions also apply to all individuals or entities, employees or subordinates, whom SendAnonymousSMS engages in the performance of the Contract.
The liabilities 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 and Conditions.
9. Force Majeure
In addition to the provisions provided, a failure by SendAnonymousSMS to meet its obligations to the Client is also considered a case of force majeure when it arises from a circumstance independent of the will of SendAnonymousSMS, preventing the total or partial execution of its obligations, or making such execution unreasonably burdensome. These circumstances include, but are not limited to, defaults 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 execute 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 Contract in writing. In this case, SendAnonymousSMS shall not be liable to pay any compensation for any damage, even if it benefits from an advantage related to the force majeure situation.
10. Confidentiality
The products of SendAnonymousSMS are not intended for children under the age of sixteen (16). SendAnonymousSMS does not knowingly solicit, collect, or store information from individuals it knows to be under sixteen (16) years old. No part of the products is designed to attract an audience of individuals under sixteen (16) years old. Furthermore, SendAnonymousSMS does not send any communications 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 a parent or guardian of a child who you believe has disclosed personal information to SendAnonymousSMS, please contact us by mail so that this data can be deleted from our system.
To the extent necessary for the execution of the Contract, 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 investigating authorities, especially when the Product is used illegally by the Client, or in situations where SendAnonymousSMS is legally obliged 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 card number used by the Client, as well as the name, place of residence and/or email address of the account or card holder will also be retained. For payments made via PayPal, the following information will be recorded: name, email address and address of the Client. If payment is made 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 number used will be recorded. The data mentioned above will be retained by SendAnonymousSMS for a period of 18 months. The Client explicitly consents to this collection and retention of data.
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). Therefore, the Client must 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, claims for compensation and fines imposed by a regulatory authority, as well as any damages arising from an act or omission of the Client that would violate, or be perceived as violating, applicable privacy laws, such as the GDPR.
In accordance with the General Terms and Conditions, the Client is not authorised to collect, send or otherwise retain personal data (as defined by 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 regarded as a data processor under 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 will apply between the Parties, and only in this specific case.
This article constitutes an agreement regarding data processing, as described in Article 28 of the GDPR.
The Client guarantees that a legal basis exists for the processing of personal data in accordance with Article 6(1) of the GDPR.
SendAnonymousSMS processes personal data only on behalf of the Client and in accordance with its written instructions. If, in the view of SendAnonymousSMS, such an instruction violates the GDPR or any other European or national legislation relating to data protection, 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 changes regarding the addition or replacement of subcontractors, the Client may oppose such changes as long as the Contract between the Parties remains in effect.
As far as possible, SendAnonymousSMS will assist the Client, upon simple request, to fulfil their obligation to respond to requests for the exercise of the 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 the rights of data subjects as defined in Chapter III of the GDPR, in the event that they have access to the personal data necessary for these requests.
Due to the nature of the processing and the information held by SendAnonymousSMS, it commits to providing any necessary assistance to the Client, upon simple request, to ensure compliance with the obligations defined in Articles 32 to 36 of the GDPR. SendAnonymousSMS may charge for this assistance according to an agreed hourly rate in the Contract or, failing that, a reasonable rate.
SendAnonymousSMS will take all required 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 personal data breach, 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 this case, SendAnonymousSMS commits, at the Client's request, to provide any 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, as well as its collaborators, are obliged to ensure the confidentiality of personal data, except in cases of a legal obligation to disclose or when the task of SendAnonymousSMS necessitates such disclosure.
Regarding the liability of SendAnonymousSMS, only the provisions stated in this article, as well as those agreed in the Contract and the General Terms and Conditions, apply.
SendAnonymousSMS shall not be liable 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.
Potential breaches by 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 method and timeline chosen.
SendAnonymousSMS will have a reasonable period to raise any objections to the performance 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 each party's legitimate interests. 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, AnonymousSMS 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 warrants that the use of the Product does not infringe any intellectual property rights belonging to third parties. It is prohibited to remove or alter any mention related to these intellectual property rights.
AnonymousSMS reserves the right to implement technical measures to protect its intellectual property rights. If such protections are put in place for the Product and/or the associated rights, the Client shall neither remove nor circumvent these measures.
12. Complaints procedure
AnonymousSMS will do everything possible to respond to the Client's complaints as quickly as possible. The Client may submit a detailed complaint by contacting AnonymousSMS via the following email: [email protected]. If reasonably feasible, AnonymousSMS 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 privately 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 competent courts.
13. Final provisions
The legal relations between the Parties will be governed and interpreted according to French law. The Vienna Convention on Sales is not applicable. These General Terms and Conditions are drafted 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 in the Client's place of residence.
The previous paragraph does not apply if the Client acts in the context of their commercial, industrial, craft or professional activity. In this case, any dispute related to the contract concluded between AnonymousSMS and a Client acting in a professional capacity shall be exclusively submitted to the French court.
The Client's rights under the Contract may not be assigned to a third party without the prior written consent of AnonymousSMS.
If the Client is a natural person acting privately and not in the context of their professional activity, such stipulations shall not form part of the agreement between AnonymousSMS and a natural person acting for non-professional purposes.
In the event that any provision of the Contract is deemed invalid, void or unenforceable, the Contract shall remain valid. The Parties shall endeavour to replace such provision with a new, legally valid one that aims to have the same objective and effect as the annulled provision.