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 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 the SMS services available through the website sendanonymoustexts.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 [email protected].
2. Scope of the General Terms
These General Terms govern all offers, business relationships, agreements, and legal interactions, present or future, between SendAnonymousSMS and the Client. The application of any general terms from the Client is expressly excluded.
By accessing the services, using them, or downloading or posting content through them, the Client acknowledges having read, understood, and accepted these General Terms.
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 validation button such as "Send" or "Continue" on one of the platforms' 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 provided in the contract or offer issued by SendAnonymousSMS, payment must be made immediately after the conclusion of the contract. In all cases, payment must occur no later than five (5) calendar days after the conclusion of the contract.
The Client may not under any circumstances offset any claim they may have against SendAnonymousSMS against any claim of SendAnonymousSMS against them, unless there is explicit prior agreement from SendAnonymousSMS.
In case of a delay in payment by a consumer Client, and after a formal notice that remains unheeded 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 current legal interest rate. Additionally, a fixed 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 debt.
If the Client acts in a professional capacity, extrajudicial recovery fees will be owed automatically 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 executed before the expiry of the fourteen (14) day withdrawal period. As a result, 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 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 engaging in unsolicited transmissions 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 in any way upon the rights of third parties, including intellectual property rights.
It is strictly forbidden for the Client to run 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 interfere with the delivery 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 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 event allowed 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 personal data necessary to ensure compliance with the above commitment.
Despite the commitments stipulated 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 verify the information entered or the messages transmitted.
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's failure to meet any of their obligations mentioned above, they shall immediately pay SendAnonymousSMS a penalty of 5000 EUR per infraction, without prior notice being necessary, nor the need to prove any 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 fails 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 Client to access the Product.
7. Rights, obligations, and responsibilities of SendAnonymousSMS
SendAnonymousSMS undertakes to execute the Contract diligently and appropriately.
The dates, times of availability, and delivery deadlines communicated by SendAnonymousSMS are only estimates and do not constitute firm commitments in any way. This information cannot be considered mandatory deadlines unless expressly stated otherwise.
In case of malfunctions related to internet connectivity or hardware and/or software failures, SendAnonymousSMS will make every effort to resolve the issue as quickly as possible, but shall not be held responsible. If the malfunction originates from a third party, SendAnonymousSMS shall not be 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 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.
As a result, SendAnonymousSMS disclaims any responsibility for 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 of the EEA, the Client assumes all risks associated with such use. Therefore, 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 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 willful 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 responsible for delays, data loss, failure to meet deadlines due to changes in the Client's circumstances, information, or materials, nor for damages resulting 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 willful misconduct or gross negligence.
To be eligible for compensation, the Client must report any performance defect within two months following delivery. If a breach is found, SendAnonymousSMS may remedy it within a reasonable timeframe, without being obligated to pay damages.
Any claim by the Client against SendAnonymousSMS will be time-barred after a period of 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 agents for whom it is responsible, the liability of SendAnonymousSMS 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 liability limitations and exclusions of SendAnonymousSMS set forth in the General Terms and Conditions also apply to all individuals or entities, employees or agents, that SendAnonymousSMS brings in to fulfill the Contract.
The liability limitations and exclusions 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 results from a circumstance beyond the control of SendAnonymousSMS, preventing the total or partial fulfillment of its obligations, or rendering such fulfillment unreasonably burdensome. 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 that such a situation arises and prevents SendAnonymousSMS from fulfilling its obligations to the Client, those 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 will have the right to terminate all or part of the Contract in writing. In this case, SendAnonymousSMS will not be liable to pay any compensation for any damage, even if it benefits from a situation of force majeure.
10. Confidentiality
The products of SendAnonymousSMS are not intended for children under the age of sixteen (16) years. 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 under the age of sixteen (16) years. 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 the necessary steps to remove that user's/client's personal information from its systems. If you are a parent or guardian of a child whom you believe has disclosed personal information to SendAnonymousSMS, please contact us in writing 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 transmit it to third parties for this purpose.
SendAnonymousSMS also reserves the right to disclose personal data or other information to investigating 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 number or credit card used by the Client, as well as the name, 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 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). 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 compensation requests 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 as violating, 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 retain personal data (as defined in Article 4 of the GDPR) via, within, or with the Product and/or SendAnonymousSMS systems (unless otherwise stated in the General Terms and Conditions). Therefore, 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 qualified as a data processor under Article 4 of the GDPR. If, despite this, the GDPR were to still consider SendAnonymousSMS as a data processor, the provisions below will apply between the Parties, but 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 their written instructions. If, in SendAnonymousSMS’s opinion, such 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 performance of the Contract. This includes subcontractors, such as web hosting companies. In the event of a change regarding the addition or replacement of subcontractors, the Client may object to such changes as long as the Contract between the Parties remains in effect.
As far as possible, AnonymousSMS will assist the Client, upon simple request, in fulfilling its obligation to respond to requests for the exercise of the rights of the data subjects, in accordance with Chapter III of the GDPR. AnonymousSMS may charge the Client for the costs related to this assistance, calculated based on an agreed hourly rate in the Contract or, failing that, at a reasonable rate.
The Client undertakes to independently respond to requests for the exercise of the rights of the 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 known to AnonymousSMS, the latter agrees to provide all necessary assistance to the Client, upon simple request, to ensure compliance with the obligations set forth in Articles 32 to 36 of the GDPR. AnonymousSMS may charge for this assistance based on an agreed hourly rate in the Contract, or failing that, at a reasonable rate.
AnonymousSMS 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 AnonymousSMS 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, AnonymousSMS agrees, at the Client's request, to provide any necessary assistance to enable the Client to notify the competent supervisory authority and, if necessary, communicate the breach to the affected individuals within the required timeframes.
AnonymousSMS, along with its collaborators, is required to ensure the confidentiality of personal data, except in cases of legal obligation to disclose or when the task of AnonymousSMS necessitates such disclosure.
Regarding the liability of AnonymousSMS, only the provisions stated in this article, as well as those agreed in the Contract and the General Terms and Conditions, apply.
AnonymousSMS 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 AnonymousSMS.
Any potential shortcomings of third parties engaged in the execution of the Processing Agreement cannot be attributed to AnonymousSMS.
The Client has the right to verify AnonymousSMS’s compliance with its obligations under this Processing Agreement through an audit. It must inform AnonymousSMS as soon as possible and specify who will conduct the audit, as well as the chosen method and schedule.
AnonymousSMS will have a reasonable period to express any objections to the audit being conducted. If objections are raised before the audit is conducted, the Parties agree to consult in order to resolve these disputes, taking into account the legitimate interests of each. AnonymousSMS 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, EnvoyerSmsAnonyme 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 violate any intellectual property rights belonging to third parties. It is prohibited to remove or modify any reference related to these intellectual property rights.
EnvoyerSmsAnonyme 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 bypass these measures.
12. Complaint procedure
EnvoyerSmsAnonyme will make every effort to respond to Client complaints as quickly as possible. The Client can submit a detailed complaint by contacting EnvoyerSmsAnonyme at the following email: [email protected]. If reasonably feasible, EnvoyerSmsAnonyme commits to addressing the complaint within five business days of receipt and to providing a substantial response as soon as possible.
If the Client is a natural person acting privately and not within the scope of their professional activity, they also have the option to submit a complaint to the Disputes 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 jurisdictions.
13. Final provisions
The legal relationships between the Parties will be governed and interpreted in accordance with French law. The Vienna Convention on Sales is not applicable. These General Terms 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 course of their professional activity, any disputes 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 is acting within the scope of their commercial, industrial, artisanal, or professional activity. In this case, any disputes 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 privately and not within the scope of their professional activity. Such stipulations shall 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 deemed void, voidable, or unenforceable, the Contract shall remain valid. The Parties will strive to replace such provision with a new, legally valid one having as much as possible the same objective and effect as the annulled provision.