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 at least 16 years of age or any legal entity accessing the services and having entered into an agreement with SendAnonymousSms, or having received an offer or a 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 envoyersmsanonyme.fr website.
• SendAnonymousSms: a brand operated by the company SendAnonymousSms, whose registered office is located in Lille.

1. Information about the Operator (SendAnonymousSms)

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

2. Scope of the General Conditions

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

By accessing, using, downloading, or publishing content through the services, the Client acknowledges having read, understood, and agreed to these General Terms and 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 be binding on SendAnonymousSms. The contract is deemed concluded as soon as the Client clicks a confirmation button such as "Send" or "Continue" on one of the platform's websites.

4. Payment Terms

All displayed prices are expressed 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 all cases, payment must be made no later than five (5) calendar days following the conclusion of the contract.

The Client may not, under any circumstances, offset any claim they may have against SendAnonymousSms with any claim SendAnonymousSms may have against them, unless explicitly and previously agreed upon by SendAnonymousSms.

In the event of late payment by a consumer Client, and after a formal notice has remained unheeded 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 at a rate equivalent to three times the legal interest rate in effect. Furthermore, 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 is acting in a professional capacity, out-of-court collection fees will be due by right from the first day of delay, and will amount 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 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 under any circumstances 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 of age 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 recipients or third parties. In particular, the Client is prohibited from sending, without limitation, offensive, racist, discriminatory, pornographic, or provocative messages, or from sending unsolicited messages 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 data entry and the sending of messages via the service will in no way infringe upon the rights of third parties, including intellectual property rights.

The Client is strictly forbidden from executing their own or external processes or programs on SendAnonymousSms's systems and products. The Client must also refrain from using software or any other means that may interfere with the provision of services to other users.

The Client agrees to lawfully use the sender ID, 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 the Client's), or illegal terms or symbols.

The Client is under no circumstances authorized 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 SendAnonymousSms's systems, except for the personal data necessary to ensure compliance with the aforementioned commitment.

Notwithstanding the commitments stipulated in this section, the Client retains full responsibility for the data entered into the Product and for the sending of messages and/or communications. SendAnonymousSms does not verify the information entered or the messages transmitted.

Consequently, the Client remains legally responsible for all data entered and for all messages or communications sent.

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

In the event of a breach by the Client of any of their obligations mentioned above, the Client shall immediately pay SendAnonymousSms a penalty of 5000 EUR per infringement, 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 right to claim 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 Agreement with diligence and in an appropriate manner.

The availability dates, times, and delivery deadlines provided by SendAnonymousSms are only estimates and do not constitute firm commitments under any circumstances. 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 endeavor to resolve the issue as soon as possible, without 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 Client, the recovery costs 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 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 in the event of incorrect or delayed 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 France. In the event of using one of the Products outside the EEA, the Client solely 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 invoiced to the Client during the twelve months preceding the incident, with a cap of EUR 2500 per event or series of related events. These limitations of liability do not apply in cases of willful 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, or damages related to loss of revenue or profits.

SendAnonymousSms shall under no circumstances be held liable for delays, data loss, failure to meet deadlines due to changes in the Client'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 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 failure of performance 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 by the Client against SendAnonymousSms will be barred after a period of twelve months from the incident, unless the Client has taken appropriate action 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 EUR 2,500. This limitation of liability does not apply in cases of willful misconduct or gross negligence.

The limitations and exclusions of liability of SendAnonymousSms set forth in the General Conditions also apply to all natural or legal persons, employees, or subordinates engaged by SendAnonymousSms in the performance of the Contract.

The limitations and exclusions of liability mentioned in this article shall in no way limit the other exclusions and limitations of liability of SendAnonymousSms contained in these General Conditions.

9. Force Majeure

In addition to the provisions provided, a failure by SendAnonymousSms to fulfill 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 performance of its obligations, or making such performance unreasonably demanding. These circumstances include, but are not limited to, non-performance by suppliers or other third parties, power outages, computer viruses, strikes, and work stoppages.

Should such a situation arise that prevents SendAnonymousSms from fulfilling its obligations to the Client, these obligations may be suspended for 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 such a case, SendAnonymousSms shall under no circumstances be liable to pay compensation for any damage, even if it benefits from an advantage related to the force majeure situation.

10. Confidentiality

SendAnonymousSms's products are not intended for children under the age of sixteen (16). SendAnonymousSms does not knowingly solicit, collect, or retain 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 the age of sixteen (16). Furthermore, SendAnonymousSms does not send any communications to anyone who identifies as being under sixteen (16) years of age. If SendAnonymousSms learns that a user or client is under sixteen (16) years old, it will take the necessary steps to delete that user's/client's personal information from its systems. If you are the parent or guardian of a child whom 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 performance 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 investigative authorities, particularly when the Product is used illegally by the Customer, or in situations where SendAnonymousSMS is legally required to provide this information pursuant to a court order. The Customer explicitly consents to this data disclosure.

The IP address used by the Customer is recorded during the use of the Product. In case of payment via iDEAL, Bancontact, Sofort, eps, or Multibanco, the account or bank 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. 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 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 Customer explicitly consents to this collection and retention of data.

If the Customer collects or otherwise processes personal data while using the Product, they will 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 demand or claim 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 by the Customer that would contravene, or be perceived as a contravention of, applicable privacy protection laws, such as the GDPR.

In accordance with the General Terms and Conditions, the Customer is not authorized to collect, send, or otherwise retain 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). Thus, SendAnonymousSMS shall not 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 qualified 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 this 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 only 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 authorized to engage third parties for the execution of the Agreement. This includes subprocessors, such as web hosting companies. In the event of a change regarding the addition or replacement of subprocessors, the Client may object to these changes as long as the Agreement between the Parties remains in effect.

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 related to this assistance, calculated based on an hourly rate agreed upon in the Agreement or, failing that, a reasonable rate.

The Client agrees to independently respond to requests for exercising 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.

Given the nature of the processing and the information available to SendAnonymousSms, the latter agrees 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 organizational 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 agrees, 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 required deadlines.

SendAnonymousSms, as well as its employees, are required 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 forth in this article, as well as those agreed upon in the Agreement and the General Terms and Conditions, shall apply.

SendAnonymousSms does not assume liability for fines imposed on the Client by the competent regulatory authority, such as the Dutch Data Protection Authority, unless this results from willful misconduct or gross negligence on the part of SendAnonymousSms.

Any failures 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 by means of 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.

EnvoyerSmsAnonyme will have a reasonable period to express any objection to the performance of the audit. If objections are raised before the audit is implemented, the Parties agree to consult with each other to resolve these disputes, taking into account the legitimate interests of each. EnvoyerSmsAnonyme may not 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. The Client is prohibited from removing or modifying any notice 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 circumvent these measures.

12. Complaint Procedure

EnvoyerSmsAnonyme will make every effort to respond to the Client's complaints as quickly as possible. The Client may submit a detailed complaint by contacting EnvoyerSmsAnonyme at the following email address: [email protected]. If reasonably feasible, EnvoyerSmsAnonyme commits to processing the complaint within five business days of receipt and to providing a substantive 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 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 matters before the competent courts.

13. Final Provisions

The legal relations between the Parties shall be governed by and construed in accordance with French law. The Vienna Convention on Sales is not applicable. These General Terms and 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 activity, any dispute arising from the contract concluded with this Client shall be submitted exclusively to the competent court of the Client's place of residence.

The preceding paragraph does not apply if the Client is acting in the course of their commercial, industrial, craft, 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 submitted exclusively to the French courts.

The Client's rights under the Contract may not be assigned to a third party without the prior written consent of EnvoyerSmsAnonyme.

If the Customer is an individual acting in a private capacity and not as part of their professional activity. Such provisions shall not form part of the agreement between SendAnonymousSms and an individual acting for non-professional purposes.

Should any provision of the Agreement be found to be null, voidable, or unenforceable, the Agreement shall remain in full force and effect. The Parties shall strive to replace such provision with a new, legally valid provision that achieves, as much as possible, the same objective and effect as the invalidated provision.