Terms of use:
These terms of use apply to anyone wishing to access the text messaging services offered on this website. To view the 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 Council of April 27, 2016, regarding the protection of personal data and its free movement, 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 available via the website sendanonymoussms.com.
- SendAnonymousSMS: brand operated by SendSMSAnonymously, headquartered in Lille.
1. Information about the Operator (SendAnonymousSMS)
- Company Name: AnonymousSMS, registered in Lille.
- E-mail: For any inquiries, contact us at [email protected].
2. Scope of Application of the General Terms and Conditions
These General Terms and Conditions govern all offers, business relationships, agreements, and legal interactions, present or future, between AnonymousSMS and the Client. The application of any potential general terms of the Client is expressly excluded.
By accessing the services, using them, downloading, or posting content through them, the Client acknowledges having read, understood, and accepted these General Terms and Conditions.
3. Offer and Conclusion of the Contract
Unless explicitly stated otherwise, all offers from AnonymousSMS are non-binding. Any manifest error in an offer (including typographical errors) shall not engage the liability of AnonymousSMS. The contract is deemed concluded as soon as the Client clicks on a validation button such as "Send" or "Continue" on one of the platform's websites.
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 stipulated in the contract or the offer made by AnonymousSMS, payment must be made immediately upon conclusion of the contract. In all cases, payment must occur no later than five (5) calendar days following the conclusion of the contract.
The Client may not in any case offset any claim they hold against AnonymousSMS with any claim of AnonymousSMS against them, unless there is prior explicit agreement from AnonymousSMS.
In the event of payment delay by a consumer Client, and after a formal notice that has gone 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. Additionally, a fixed recovery fee of 40 euros will be owed by the professional Client, pursuant to Article D. 441-5 of the Commercial Code, without prejudice to additional costs incurred for debt recovery.
If the Client acts in a professional capacity, extrajudicial recovery fees will be due by right as of the first day of delay, amounting to 15% of the principal amount owed, 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 AnonymousSMS 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 in no case applies 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 or third parties. In particular, they are prohibited from sending, including but not limited to, offensive, racist, discriminatory, pornographic, provocative messages, or from engaging in 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 sending of messages via the service will not infringe in any way the rights of third parties, including intellectual property rights.
The Client is formally 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 legally use the sender's address, taking care not to use phone numbers that do not belong to them, fictitious names (including trade names, first names, or last names that are not those of the Client), as well as illegal terms or symbols.
The Client is in no way authorized to enter, transmit or store personal data (in the sense of Article 4 of 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.
Notwithstanding the commitments stipulated in this section, the Client remains fully responsible for the input of data into the Product as well as for sending messages and/or communications. SendAnonymousSMS does not perform any checks on the information entered or messages sent.
As a result, the Client remains legally responsible for all data entered as well as for messages or communications sent.
The Client also agrees to indemnify SendAnonymousSMS against any claims from third parties (including, but not limited to, claims for damages, indemnities from third parties, and fines imposed by regulatory authorities) arising from their acts or omissions contrary to the obligations defined in this article.
In the event of the Client failing to meet any of their obligations mentioned above, they shall immediately pay SendAnonymousSMS a penalty of 5000 EUR per violation, without the need for prior notice or proof of damage. This penalty is due without prejudice to other remedies available to SendAnonymousSMS, including the possibility of seeking additional compensation.
In the event that the Client does not comply with their 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 agrees to execute the Contract diligently and appropriately.
The dates, times of availability, and delivery timelines communicated by SendAnonymousSMS are only estimates and should not be considered as firm commitments. This information cannot be regarded as mandatory deadlines unless otherwise expressly stated.
In the event of a malfunction related to internet connectivity or hardware and/or software failures, SendAnonymousSMS will strive to resolve the issue promptly but will not be held responsible. If this failure is caused by a third party, SendAnonymousSMS cannot be held responsible for the duration of the malfunction or its occurrence. In case of malfunction attributed to the Client, any recovery costs will be borne by the Client.
SendAnonymousSMS also reserves the right to temporarily suspend its services for maintenance operations, without this suspension leading to 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 responsibility for incorrect or late receipt of a message or communication.
8. Liability
The Products provided by SendAnonymousSMS are intended to be used exclusively within the European Economic Area (EEA) and in France. In case of using any of the Products outside the EEA, the Client assumes all risks associated with this usage. 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, not exceeding the amount billed to the Client in the twelve months preceding the incident, with a cap of 2500 EUR per event or series of related events. These liability limitations do not apply in cases of intentional misconduct or gross negligence on the part of SendAnonymousSMS.
SendAnonymousSMS disclaims any responsibility for other types of damages, including but not limited to indirect, consequential damages, or those related to loss of revenue or profits.
SendAnonymousSMS cannot be held responsible for delays, data loss, or non-compliance with deadlines due to changes in the circumstances, information, or materials of 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 misconduct or gross negligence.
To claim compensation, the Client must report any execution defect within two months following delivery. If a breach is identified, SendAnonymousSMS may remedy it within a reasonable timeframe, without being liable to pay damages.
Any claims by the Client against SendAnonymousSMS will be time-barred after twelve months from the incident unless the Client has taken appropriate measures concerning this claim.
In the event of a fault by SendAnonymousSMS or its employees or agents for whom it is responsible, SendAnonymousSMS's liability will be limited to a maximum amount of 2,500 EUR. This limitation of liability does not apply in cases of intentional wrongdoing or gross negligence.
The limitations and exclusions of liability of SendAnonymousSMS provided in the General Terms also apply to all individuals or entities, employees or agents, that SendAnonymousSMS engages for the execution 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 fulfillment of its obligations, or making such fulfillment unreasonably exigible. 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 business 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 gains 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 maintain information from individuals it knows to be under sixteen (16) years of age. No part of the products is designed to attract an audience under sixteen (16) years of age. Furthermore, SendAnonymousSMS does not send any communications to anyone claiming to be under sixteen (16) years of age. If SendAnonymousSMS learns that a user or client is under sixteen (16) years old, it will take necessary measures to remove that user/client's personal information from its systems. If you are a 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 execution of the Contract, the Client expressly authorizes SendAnonymousSMS to process their personal data and transmit it to third parties for this purpose.
SendAnonymousSMS also reserves the right to disclose personal data or other information to investigative 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 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 by 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 details used will also be stored. If the payment is made by phone, the phone number used will be recorded. The above-mentioned 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 claims for compensation and fines imposed by a regulatory body, as well as any damages arising from an act or omission by the Client that would violate, or be perceived as a violation, of applicable privacy protection laws, such as the GDPR.
In accordance with the General Terms and Conditions, the Client is not permitted to collect, send, or otherwise retain personal data (as defined in Article 4 of the GDPR) via, in, or with the Product and/or the systems of SendAnonymousSMS (unless otherwise indicated in the General Terms and Conditions). Thus, SendAnonymousSMS cannot be considered 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 nonetheless 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 outlined 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 solely on behalf of the Client and in accordance with their written instructions. If, in the opinion of SendAnonymousSMS, such an instruction violates the GDPR or any other applicable European or national data protection legislation, SendAnonymousSMS will immediately inform the Client.
SendAnonymousSMS is authorized to engage third parties for the execution of the Contract. This includes subcontractors, such as web hosting companies. In the case of changes regarding the addition or replacement of subcontractors, the Client may oppose 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 meeting 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, if not available, a reasonable rate.
The Client commits to independently respond to requests for the exercise of the rights of data subjects as defined in Chapter III of the GDPR, in cases where they have access to the personal data necessary for these requests.
Due to the nature of the processing and the information available to SendAnonymousSMS, the latter commits to provide all necessary assistance to the Client, upon request, to ensure compliance with the obligations defined in Articles 32 to 36 of the GDPR. SendAnonymousSMS may charge for this assistance at an agreed hourly rate in the Contract, or if not available, at a reasonable rate.
SendAnonymousSMS will take all required technical and organizational measures, as stipulated in Article 32 of the GDPR, to ensure an appropriate level of security according to the 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 this case, SendAnonymousSMS commits, at the Client's request, to provide all necessary assistance to allow the Client to notify the relevant supervisory authority, and, if necessary, to communicate the breach to the affected individuals within the prescribed timeframes.
SendAnonymousSMS, as well as its collaborators, are obliged to ensure the confidentiality of personal data, unless there is a legal obligation to disclose or where the task of SendAnonymousSMS requires such disclosure.
Regarding the liability of SendAnonymousSMS, only the provisions set forth in this article, along with those agreed in the Contract and the General Conditions, apply.
SendAnonymousSMS does not assume liability for fines imposed on the Client by the relevant regulatory authority, such as the Dutch Data Protection Authority, unless such fines result from intentional wrongdoing or gross negligence on the part of SendAnonymousSMS.
Any failures by third parties engaged in the execution of the Processing Contract cannot be attributed to SendAnonymousSMS.
The Client has the right to verify SendAnonymousSMS's compliance with its obligations under this Processing Contract 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 execution of the audit. If objections are raised before the audit is established, the Parties commit to consult each other to resolve these disputes, taking into account the legitimate interests of each. 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 forth 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. The Client is prohibited from removing or modifying any reference related to these intellectual property rights.
SendAnonymousSMS 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 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: [email protected]. If reasonably feasible, SendAnonymousSMS commits to addressing the complaint within five business days of its receipt and to provide a substantial response as soon as possible.
If the Client is a natural person acting in a private capacity and not in the course of their professional activities, 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 refer to 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 does not apply. These General Conditions are drafted in all possible languages. In the event of a contradiction, the Dutch version, available at https://envoyersmsanonyme.fr, shall prevail.
If the Client is a natural person acting in a private capacity and not in the course of their professional activities, any dispute arising from the contract entered into with this Client shall be exclusively submitted to the competent court of the Client's place of residence.
The previous paragraph does not apply if the Client acts in the course of their commercial, industrial, artisanal, or professional activities. In this case, any dispute related to the contract entered into between SendAnonymousSMS 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 prior written consent from SendAnonymousSMS.
If the Client is a natural person acting in a private capacity and not in the course of their professional activities. Such stipulations will not form part of the agreement between SendAnonymousSMS and a natural person acting for non-professional purposes.
In the event that any provision of the Contract is deemed null, void, or unenforceable, the Contract shall remain valid. The Parties shall endeavor to replace this provision with a new, legally valid one that has as much as possible the same purpose and effect as the annulled provision.