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 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 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 envoyersmsanonyme.fr website.
• SendAnonymousSms: a brand operated by the company EnvoyezSmsAnonyme, whose registered office is located in Lille.

1. Information about the Operator (SendAnonymousSms)

• Company Name: EnvoyezSmsAnonyme, 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 present and future offers, commercial relationships, agreements, and legal interactions between EnvoyerSmsAnonyme 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 any content through the services, the Customer acknowledges having read, understood, and agreed to these General Terms and Conditions.

3. Offer and Conclusion of Contract

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

4. Payment Terms

All displayed prices are in Euros and include Value Added Tax (VAT), as well as any other applicable taxes, unless expressly stated otherwise. Unless otherwise provided for in the contract or the offer issued by EnvoyerSmsAnonyme, payment must be made immediately upon conclusion of the contract. In all cases, payment must be settled no later than five (5) calendar days following the conclusion of the contract.

The Customer may under no circumstances set off any claim they may hold against EnvoyerSmsAnonyme against any claim EnvoyerSmsAnonyme may have against them, without the explicit prior agreement of EnvoyerSmsAnonyme.

In the event of late payment by a consumer Customer, and after a formal notice has remained without effect 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 prevailing legal interest rate. Furthermore, a fixed recovery fee of 40 euros shall be due from any professional Customer, in accordance with Article D. 441-5 of the French Commercial Code, without prejudice to any additional costs incurred for the recovery of the debt.

If the Customer is acting in a professional capacity, extrajudicial collection costs shall be automatically due from the first day of late payment, and shall amount to 15% of the principal amount due, 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 EnvoyerSmsAnonyme is fully performed before the end of the fourteen (14) day withdrawal period. Consequently, the Customer expressly waives their right of withdrawal. The right of withdrawal shall in no case apply 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 a manner expected of a prudent user of internet and SMS services.

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

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

The Client undertakes to use the sender ID lawfully, taking care not to use telephone numbers that do not belong to them, fictitious names (including trade names, first names, or surnames that are not the Client's), as well as illegal terms or symbols.

The Client 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, with the exception of personal data necessary to ensure compliance with the undertaking specified above.

Notwithstanding the undertakings stipulated in this section, the Client retains full responsibility for the data entered into the Product as well as for the sending of messages and/or communications. SendAnonymousSms does not perform any verification of the information entered or the messages transmitted.

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

The Client 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 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 EUR 5,000 per infringement, without prior notice of default being necessary, nor 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.

Dates, availability times, and delivery deadlines provided by SendAnonymousSms are estimates only and shall not constitute binding commitments. Such information shall not be considered as strict 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 soon as reasonably possible, without being held liable. If such failure originates from a third party, SendAnonymousSms shall not be held responsible for the duration or occurrence of the malfunction. In the event of a malfunction attributable to the Client, the costs of restoration shall be borne by the Client.

SendAnonymousSms also reserves the right to temporarily suspend its services for maintenance purposes, without such suspension giving rise to any liability on its part.

Finally, SendAnonymousSms does not guarantee in any way 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 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. If any of the Products are used outside the EEA, the Client shall solely assume all 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 shall be limited to direct damages, up to the amount invoiced to the Client during the twelve months preceding the incident, with a cap of EUR 2,500 per event or series of related events. These limitations of liability shall not apply in cases of wilful 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 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 Client's circumstances, information or equipment, nor for damages arising from information or advice provided by SendAnonymousSms that is not explicitly included in the Agreement. The exclusions of liability mentioned in this paragraph shall not apply in cases of wilful 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 established, SendAnonymousSms may, within a reasonable period, remedy it, without being liable to pay any damages.

Any claim by the Client against SendAnonymousSms shall be time-barred after a period of twelve months from the incident, unless the Client has taken appropriate action regarding such 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 wilful misconduct or gross negligence.

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

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 Terms and Conditions.

9. Force Majeure

In addition to the stipulated provisions, a failure by SendAnonymousSms to fulfil its obligations to the Client is also considered a force majeure event if it results from a circumstance beyond SendAnonymousSms's control, which prevents the full or partial performance of its obligations, or makes 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.

If such a situation arises and 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 working days, both SendAnonymousSms and the Client shall have the right to terminate all or part of the Agreement in writing. In such a case, SendAnonymousSms shall not be liable for any compensation for any damages, even if it gains an advantage from the force majeure situation.

10. Privacy

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 anyone under the age of sixteen (16). Furthermore, SendAnonymousSms does not send any communications to anyone who states they are under sixteen (16) years old. If SendAnonymousSms becomes aware that a user or client is under the age of sixteen (16), 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 who you believe has disclosed personal information to SendAnonymousSms, please contact us by post so that this data can be removed from our system.

To the extent necessary for the performance of the Agreement, the Client 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 Client, or in situations where SendAnonymousSms is legally required to provide this information pursuant to 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 event of payment via iDEAL, Bancontact, Sofort, eps, or Multibanco, the bank 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 via PayPal, the following information will be recorded: the Client's name, email address, and address. In the event 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 telephone, 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 otherwise processes personal data 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 third-party claims or demands, 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 Client that would contravene, or be perceived as contravening, applicable privacy protection laws, such as the GDPR.

In accordance with the General Terms and Conditions, the Client is not permitted to collect, send, or otherwise 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 shall not be considered a data processor within the meaning of 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 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 Client guarantees that a legal basis exists for the processing of personal data in accordance with Article 6(1) of the GDPR.

SendAnonymousSms processes personal data solely on behalf of the Client and in accordance with their written instructions. If, in SendAnonymousSms's opinion, such an instruction infringes the GDPR or any other European or national data protection legislation, SendAnonymousSms will immediately inform the Client.

SendAnonymousSms is authorised to engage third parties for the execution of the Agreement. This includes sub-processors, such as web hosting companies. In the event of any changes involving the addition or replacement of sub-processors, 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 agrees to independently respond 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.

Taking into account the nature of the processing and the information available, SendAnonymousSms 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 required timeframes.

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 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 any fines imposed on the Client by the competent regulatory authority, such as the Dutch Data Protection Authority, unless such fines result 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 by means of 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.

EnvoyerSmsAnonyme shall have a reasonable period to raise any objection to the performance of the audit. If objections are raised before the audit is implemented, the Parties agree to consult to resolve these disputes, taking into account the legitimate interests of each Party. EnvoyerSmsAnonyme may not refuse to cooperate with the audit for unfounded reasons (for example, by raising unreasonable objections). All costs related to this audit shall be borne by the Client.

Upon request, EnvoyerSmsAnonyme will provide the Client with the necessary information to demonstrate compliance with the obligations set out in Article 28 of the GDPR.

11. Intellectual Property

The Client warrants that the use of the Product does not infringe any intellectual property rights belonging to third parties. The Client is prohibited from removing or modifying any 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 the 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 soon as possible. The Client may submit a detailed complaint by contacting EnvoyerSmsAnonyme via the following email: [email protected]. If reasonably feasible, EnvoyerSmsAnonyme undertakes to process the complaint within five working days of receipt, and to provide 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 Disputes Committee via the European ODR platform, accessible at the following website: https://ec.europa.eu/consumers/odr/.

The complaint procedures mentioned in this article shall in no way affect the right of the Parties to bring the matter before the competent courts.

13. Final Provisions

The legal relationship between the Parties shall be governed by and construed in accordance with French law. The Vienna Convention on Contracts for the International Sale of Goods is not applicable. These General Terms and Conditions are drafted in all possible languages. In the event of any conflict, 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 Agreement 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 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 void, voidable, or non-binding, the Agreement shall remain valid. The Parties shall endeavour to replace this provision with a new, legally valid provision that has, as far as possible, the same purpose and effect as the voided provision.