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.

Definitions:

• General Conditions: these terms of use for the service.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
• Client: any natural person who is at least 16 years old or any legal entity accessing the services and who has entered into an agreement with SendAnonymousSms, or has received an offer or a quote from it.
• Agreement: the contract established between SendAnonymousSms and the Client concerning the use of the service.
• Parties: collectively refers to SendAnonymousSms and the Client.
• Product(s): all SMS services made available via the sendanonymoussms.fr website.
• SendAnonymousSms: a brand operated by the company SendAnonymousSms, with its head office located in Lille.

1. Information about the Operator (SendAnonymousSms)

• Company Name: SendAnonymousSms, a company registered in Lille.
• E-mail: For any questions, contact us at [email protected].

2. Scope of the General Conditions

These General Terms and Conditions shall govern all present and future offers, business relationships, agreements, and legal interactions between SendAnonymousSms and the Customer. The application of any of the Customer's own general terms and conditions is expressly excluded.

By accessing, using, downloading, or publishing content through the services, the Customer acknowledges having read, understood, and accepted these General Terms and Conditions.

3. Offer and Conclusion of Contract

Unless explicitly stated otherwise, all offers from SendAnonymousSms are non-binding. Any manifest error in an offer (including typographical errors) shall not be binding on SendAnonymousSms. The contract is deemed concluded as soon as the Customer clicks a confirmation button such as "Send" or "Continue" on any of the platform's websites.

4. Payment Terms

All prices shown are in Euros and include Value Added Tax (VAT), as well as any other applicable taxes, unless expressly stated otherwise. Unless stipulated otherwise in the contract or in the offer issued by SendAnonymousSms, payment must be made immediately after the contract is concluded. In all cases, payment must be settled within a maximum of five (5) calendar days following the conclusion of the contract.

The Customer may under no circumstances set off any claim they hold against SendAnonymousSms against any claim SendAnonymousSms holds against them, unless with the explicit prior agreement of SendAnonymousSms.

In the event of late payment by a consumer Customer, and after a formal notice has remained unheeded for fourteen (14) days, late payment penalties shall be applied in accordance with the provisions of Article L. 441-10 of the French Commercial Code. These penalties will be calculated at a rate equal to three times the current legal interest rate. Furthermore, a fixed recovery fee of 40 euros shall be payable by professional Customers, in accordance with Article D. 441-5 of the French Commercial Code, without prejudice to any additional costs incurred in recovering the debt.

If the Customer is acting in a professional capacity, extrajudicial collection costs shall be automatically due from the first day of default, amounting to 15% of the principal amount owed, with a minimum charge of 40 euros.

5. Right of Withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the consumer Customer expressly acknowledges that the service provided by SendAnonymousSms is fully executed before the expiry of the fourteen (14) day withdrawal period. Consequently, the Customer expressly waives their right of withdrawal. The right of withdrawal does not apply under any circumstances to Customers acting in a professional capacity.

6. Customer's Rights, Obligations, and Responsibilities

The Customer warrants that they are at least sixteen (16) years of age when accessing or using the service. When using the product, the Customer must act responsibly and in accordance with the expectations of a prudent user of Internet and SMS services.

The Customer agrees not to use the service to send illegal messages or communications to Anonymous persons or third parties. In particular, the Customer is prohibited from sending, without limitation, messages that are offensive, racist, discriminatory, pornographic, or provocative, or from carrying out unsolicited mailings for commercial, ideological, or charitable purposes (also known as SPAM). The Customer is also prohibited from any use of the service for illegal or criminal purposes.

The Customer warrants that the entry of data and the sending of messages via the service will not in any way infringe upon the rights of third parties, including intellectual property rights.

The Customer is strictly forbidden from executing their own or external processes or programs on the systems and products of SendAnonymousSms. The Customer must also refrain from using software or any other means that could disrupt the provision of services to other users.

The Customer agrees to use the sender's address lawfully, taking care not to use phone numbers that they do not own, fictitious names (including business names, first names, or surnames that are not the Customer's), as well as illegal terms or symbols.

The Customer is under no circumstances authorised to enter, transmit, or store personal data (within the meaning of Article 4 of the GDPR) via or in connection with the Product and/or the systems of SendAnonymousSms, except for the personal data required to ensure compliance with the obligation specified above.

Notwithstanding the undertakings stipulated in this section, the Customer remains fully responsible for the data entered into 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 Customer remains legally responsible for all data entered as well as for the messages or communications sent.

The Customer also agrees to indemnify SendAnonymousSms against any third-party claims (including, but not limited to, claims for damages, compensation to third parties, and fines imposed by regulatory authorities) arising from their acts or omissions that violate the obligations defined in this article.

In case of a breach by the Customer of any of their obligations mentioned above, the Customer shall immediately pay SendAnonymousSms a penalty of 5000 EUR per violation, without any prior notice or proof of damage being required. This penalty is payable without prejudice to any other remedies available to SendAnonymousSms, including the right to claim further damages.

Should the Customer fail to 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 Customer to access the Product.

7. Rights, obligations, and responsibilities of SendAnonymousSms

SendAnonymousSms undertakes to perform the Contract with diligence and in an appropriate manner.

The dates, availability times, and delivery deadlines provided by SendAnonymousSms are only estimates and do not in any way represent firm commitments. This information cannot be considered as mandatory 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 endeavour to resolve the issue as quickly as possible, without, however, being held responsible for it. 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 Customer, the costs of restoration shall be borne by the Customer.

SendAnonymousSms also reserves the right to temporarily suspend its services for maintenance operations, without this suspension creating any liability on its part.

Finally, SendAnonymousSms does not guarantee in any way that messages or communications sent via the Product will arrive at the recipient in the same form as they were sent, nor that they will be received at the scheduled time.

Consequently, SendAnonymousSms disclaims all liability for the incorrect or late receipt of any message or communication.

8. Liability

The Products provided by SendAnonymousSms are intended for use exclusively within the European Economic Area (EEA) and France. In the event of the use of any of the Products outside the EEA, the Customer alone assumes the risks associated with such use. Consequently, SendAnonymousSms disclaims all liability for the use of its Products outside the EEA.

In the event of a breach of its contractual obligations by SendAnonymousSms, its liability is limited to direct damages, up to the amount billed to the Customer during 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 misconduct or gross negligence on the part of SendAnonymousSms.

SendAnonymousSms disclaims all liability for other types of damages, including, but not limited to, indirect, consequential damages, or damages related to the loss of turnover or profits.

SendAnonymousSms shall under no circumstances be held liable for delays, loss of data, failure to meet deadlines due to changes in the Customer's circumstances, information, or equipment, nor for damages arising from information or advice provided by SendAnonymousSms that is not explicitly included in the Contract. The exclusions of liability mentioned in this paragraph do not apply in cases of intentional misconduct or gross negligence.

To be eligible for compensation, the Customer must report any failure in performance within two months of delivery. If a breach is confirmed, SendAnonymousSms may, within a reasonable time, rectify it, without being obliged to pay any damages.

Any claim the Customer has against SendAnonymousSms shall be forfeited after a period of twelve months from the date of the incident, unless the Customer has taken appropriate action regarding such a claim.

In the event of any fault on the part of SendAnonymousSms or its employees or subordinates for whom it is responsible, the liability of SendAnonymousSms shall be limited to a maximum amount of EUR 2,500. This limitation of liability shall not apply in cases of wilful misconduct or gross negligence.

The limitations and exclusions of liability of SendAnonymousSms as stated in these General Conditions also apply to all individuals or corporate bodies, employees or subordinates, that SendAnonymousSms engages for the execution of the Contract.

The limitations and exclusions of liability mentioned in this article do not in any way limit the other exclusions and limitations of liability of SendAnonymousSms contained in these General Conditions.

9. Force Majeure

In addition to the provisions already stated, a failure by SendAnonymousSms to fulfil its obligations to the Customer shall also be considered an event of force majeure if it results from a circumstance beyond the control of SendAnonymousSms, which prevents the full or partial performance of its obligations, or makes such performance unreasonably difficult. These circumstances include, but are not limited to, failure to perform by suppliers or other third parties, power failures, computer viruses, strikes, and work stoppages.

Should such a situation arise that prevents SendAnonymousSms from fulfilling its obligations to the Customer, these obligations may be suspended for as long as SendAnonymousSms is unable to perform them. If this situation continues for ten working days, both SendAnonymousSms and the Customer shall have the right to terminate all or part of the Contract in writing. In such a case, SendAnonymousSms shall not be liable to pay any compensation for any damages, even if it gains any advantage from 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 persons it knows are under sixteen (16) years of age. No part of the products is designed to attract anyone under the age of sixteen (16). Furthermore, SendAnonymousSms does not send any communication to anyone who identifies as being under sixteen (16) years of age. If SendAnonymousSms becomes aware that a user or customer is under sixteen (16), it will take the necessary steps to remove that user's/customer'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 deleted from our system.

To the extent necessary for the execution of the Contract, the Customer expressly authorises 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 investigative authorities, particularly when the Product is used illegally by the Customer, or in situations where SendAnonymousSms is legally required to provide this information under a court order. The Customer explicitly consents to this data disclosure.

The IP address used by the Customer is recorded when using the Product. In the event of payment via iDEAL, Bancontact, Sofort, eps or Multibanco, the bank account or card number used by the Customer, 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: the Customer's name, email address, and address. For payments by credit card, Apple Pay, Google Pay or Microsoft Pay, the details of the credit card 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 Customer explicitly consents to this data collection and retention.

If the Customer collects or otherwise processes personal data while using the Product, they shall be considered the 'data controller' in accordance with Regulation (EU) 2016/679 (GDPR). The Customer must therefore ensure that a legal basis exists for this data processing.

The Customer agrees to indemnify SendAnonymousSms against any third-party requests or claims, 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 Customer that contravenes, or is perceived to contravene, applicable privacy laws, such as the GDPR.

In accordance with the General Terms and Conditions, the Customer 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 SendAnonymousSms's systems (unless otherwise specified in the General Terms and Conditions). Consequently, SendAnonymousSms cannot be considered a data processor within the meaning of Article 4 of the GDPR. If the Customer 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 should nevertheless consider SendAnonymousSms to be a data processor, the provisions below shall apply between the Parties, and only in that specific case.

This article constitutes a data processing agreement, as described in Article 28 of the GDPR.

The Customer 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 Customer and in accordance with their written instructions. If, in the opinion of SendAnonymousSms, such an instruction infringes the GDPR or any other European or national data protection legislation, SendAnonymousSms will immediately inform the Customer.

SendAnonymousSms is authorised to engage third parties for the execution of the Agreement. This includes subcontractors, such as web hosting companies. In the event of any change regarding the addition or replacement of subcontractors, the Client may object to such changes as long as the Agreement between the Parties remains in force.

To the extent possible, SendAnonymousSms will assist the Client, upon request, in fulfilling its obligation to respond to requests for exercising the rights of data subjects, in accordance with Chapter III of the GDPR. SendAnonymousSms may charge the Client for the costs associated with this assistance, calculated based on an hourly rate agreed upon in the Agreement or, failing that, at a reasonable rate.

The Client undertakes to respond independently to requests for exercising the rights of data subjects as defined in Chapter III of the GDPR, in cases where the Client has access to the Personal Data necessary for such requests.

Given the nature of the processing and the information available to SendAnonymousSms, it undertakes to provide 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 hourly rate agreed upon in the Agreement or, failing that, at a reasonable rate.

SendAnonymousSms will take all required technical and organisational measures, as stipulated in Article 32 of the GDPR, to ensure a level of security appropriate to the 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 such a case, SendAnonymousSms undertakes, 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 data subjects within the specified deadlines.

SendAnonymousSms, as well as its staff, are bound to ensure the confidentiality of personal data, except in cases of a legal obligation to disclose or when the task of SendAnonymousSms requires such disclosure.

Regarding the liability of SendAnonymousSms, only the provisions set out in this article, as well as those agreed upon in the Agreement and the General Terms and Conditions, shall 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 wilful misconduct or gross negligence on the part of SendAnonymousSms.

Any failures 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. 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 raise any objection to the audit being carried out. If objections are raised before the audit is set up, the Parties agree 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 Customer.

On request, SendAnonymousSms will provide the Customer with the necessary information to demonstrate compliance with the obligations stipulated in Article 28 of the GDPR.

11. Intellectual Property

The Customer guarantees that the use of the Product does not infringe on any intellectual property rights belonging to third parties. They are prohibited from removing or modifying any notice 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 Customer must not remove or bypass these measures.

12. Complaints Procedure

SendAnonymousSms will make every effort to respond to Customer complaints as quickly as possible. The Customer can submit a detailed complaint by contacting SendAnonymousSms via the following email: [email protected]. If reasonably possible, SendAnonymousSms undertakes to process the complaint within five working days of its receipt, and to provide a substantive response as soon as possible.

If the Customer is an individual acting in a private capacity and not as part of their professional activity, they also have the option to submit a complaint to the Disputes Committee via the European ODR platform, which can be accessed at the following website: https://ec.europa.eu/consumers/odr/.

The complaint procedures mentioned in this article do not in any way affect the right of the Parties to bring the matter before the competent courts.

13. Final Provisions

The legal relationship between the Parties will be governed and interpreted in accordance with French law. The Vienna Sales Convention does not apply. These General Terms and Conditions are written in all possible languages. In case of any conflict, the Dutch version, available at https://envoyersmsanonyme.fr, will prevail.

If the Customer is an individual acting in a private capacity and not in the course of their professional activity, any dispute arising from the contract concluded with this Customer will be submitted exclusively to the competent court of the Customer's place of residence.

The preceding paragraph does not apply if the Customer is acting in the course of their commercial, industrial, craft, or professional activity. In this case, any dispute related to the contract concluded between SendAnonymousSms and a Customer acting in a professional capacity will be submitted exclusively to the French courts.

The Customer's rights under the Agreement cannot be transferred to a third party without the prior written consent of SendAnonymousSms.

If the Client is a natural person acting in a private capacity and not as part of their professional activity. Such stipulations will not be part of the agreement between SendAnonymousSms and a natural person acting for non-professional purposes.

In the event that a provision of the Agreement is deemed null, voidable, or non-binding, the Agreement shall remain valid. The Parties will strive to replace this provision with a new, legally valid one that has, as much as possible, the same purpose and effect as the invalidated provision.