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 Conditions: these terms of use for the service.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of personal data and their free movement, 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 quote from them.
• 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, 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 of the Client is expressly excluded.

By accessing the services, using them, downloading, or publishing content through them, the Client acknowledges that they have 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 validation button such as "Send" or "Continue" on any of the platform's sites.

4. Payment Terms

All displayed prices are in euros and include Value Added Tax (VAT) and any other applicable taxes, unless expressly stated otherwise. Unless otherwise provided in the contract or 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 offset any claim they have against SendAnonymousSMS with any claim that SendAnonymousSMS has against them, unless there is an explicit and prior agreement from SendAnonymousSMS.

In case of late payment by a consumer Client, and after a formal notice that has gone unanswered for fourteen (14) days, late 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 flat recovery fee of 40 euros will be due from 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 claim.

If the Client acts in a professional capacity, extrajudicial recovery fees will be due 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 SendAnonymousSMS is a service 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 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 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 or third parties. In particular, they are prohibited from sending, without limitation, offensive, racist, discriminatory, pornographic, provocative messages, or from conducting unsolicited messages for commercial, ideological, or charitable purposes (also known as SPAM). The Client also prohibits 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 upon the rights of any third parties, including intellectual property rights.

It is strictly prohibited 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 disrupt the provision of services to other users.

The Client agrees to use the sender's address legally, ensuring 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 not permitted to enter, transmit, or store personal data (as defined in Article 4 of the GDPR) through 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 stated in this section, the Client retains full responsibility for entering data into the Product and for sending messages and/or communications. SendAnonymousSMS does not verify the information entered nor 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 claims from third parties (including, but not limited to, claims for damages, third-party indemnities, 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's failure to comply with any of their obligations mentioned above, they shall immediately pay SendAnonymousSMS a penalty of 5000 EUR per violation, without the need for prior formal notice or proof of damage. This penalty is due without prejudice to other remedies available to SendAnonymousSMS, including the possibility of seeking additional compensation.

If the Client fails to fulfill 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 only estimates and do not constitute firm commitments in any way. This information cannot be considered as binding deadlines unless expressly stated otherwise.

In the event of a malfunction related to the Internet connection or a hardware and/or software failure, SendAnonymousSMS will strive to resolve the issue promptly, although it will not be held responsible. If this failure originates from a third party, SendAnonymousSMS cannot be held accountable for the duration of the malfunction or its occurrence. In the case of a malfunction 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 resulting in any liability on its part.

Finally, SendAnonymousSMS does not guarantee that messages or communications sent via the Product will reach 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 delayed 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 case 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 liability limitations do not apply in cases of intentional misconduct or gross negligence by SendAnonymousSMS.

SendAnonymousSMS disclaims any 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 held 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 is 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 be eligible for compensation, the Client must report any performance defect within two months of delivery. If a breach is found, SendAnonymousSMS may, within a reasonable time, remedy it, without being obliged to pay damages.

Any claim from the Client against SendAnonymousSMS will be barred after a period of twelve months from the incident unless the Client has taken appropriate steps regarding this claim.

In the event of fault by SendAnonymousSMS or its employees or agents for whom it is responsible, the liability of SendAnonymousSMS will be limited to a maximum amount of 2,500 EUR. This liability limitation does not apply in cases of intentional misconduct or gross negligence.

The liability limitations and exclusions of SendAnonymousSMS provided in the General Terms also apply to all individuals or entities, employees or agents, that SendAnonymousSMS engages in the execution of the Contract.

The liability limitations and exclusions mentioned in this article do not limit any other exclusions and liability limitations of SendAnonymousSMS contained in these General Terms.

9. Force majeure

In addition to the provisions set forth, a failure by SendAnonymousSMS to meet its obligations to the Client is also considered a force majeure event when it results from a circumstance beyond the control of SendAnonymousSMS, preventing the total or partial execution of its obligations, or making such execution unreasonably exigible. These 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 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 will 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 retain information from individuals that it knows are 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 communication to anyone claiming to be under sixteen (16) years of age. If SendAnonymousSMS learns that a user or client is under sixteen (16) years of age, 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 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 to transfer 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 through 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 data of the credit card used will also be stored. If the 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 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). 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 requests and fines imposed by a regulatory authority, 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 laws, such as the GDPR.

In accordance with the General Terms, 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). Thus, SendAnonymousSMS cannot be considered a data processor as defined in 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 processing 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 an instruction violates 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 changes regarding the addition or replacement of subcontractors, the Client may oppose these changes as long as the Contract between the Parties remains in effect.

As far as possible, SendAnonymousSMS will assist the Client, upon simple request, in fulfilling its 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, in the absence of such, at 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 cases where it has access to the personal data necessary for these requests.

Due to the nature of the processing and the information available to SendAnonymousSMS, the latter agrees to provide 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 at an agreed hourly rate in the Contract, or in the absence of such, at a reasonable rate.

SendAnonymousSMS will take all necessary technical and organizational measures, as stipulated in Article 32 of the GDPR, to ensure an appropriate level of security based on 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 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 timeframes.

SendAnonymousSMS, along with its collaborators, is obliged to ensure the confidentiality of personal data, except in the case of a legal obligation to disclose or when the task of SendAnonymousSMS requires such disclosure.

Regarding the liability of SendAnonymousSMS, only the provisions stated in this article, as well as those agreed upon 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 it results from intentional misconduct 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. The Client 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. 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. It is prohibited for the Client to remove or modify 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 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: esa.contact.hub@gmail.com. If reasonably feasible, SendAnonymousSMS commits to addressing the complaint within five working days of its 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 course 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 relationships between the Parties shall be governed and interpreted in accordance with French law. The Vienna Convention on Sales does not apply. 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 in a private capacity and not in the course 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 place of residence.

The previous paragraph does not apply if the Client acts in the course 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 may not be assigned to a third party without the prior written consent of EnvoyerSmsAnonyme.

If the Client is a natural person acting in a private capacity and not in the course 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 any provision of the Contract is found to be void, voidable or unenforceable, the Contract shall remain valid. The Parties shall endeavor to replace such provision with a new, legally valid one that, as far as possible, has the same objective and effect as the annulled provision.