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 Terms: 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 website envoyersmsanonyme.fr.
• 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 Terms and Conditions

These General Terms and Conditions govern all current 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 agreed to 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 validation button such as "Send" or "Continue" on any of the platform's websites.

4. Payment Terms

All prices displayed 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 the offer issued by SendAnonymousSMS, 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 offset any claim they hold against SendAnonymousSMS with any claim SendAnonymousSMS holds against them, unless with the express prior agreement of SendAnonymousSMS.

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 will be applied in accordance with the provisions of Article L. 441-10 of the French Commercial Code. These penalties will be calculated based on a rate equivalent to three times the current legal interest rate. In addition, a fixed recovery fee of 40 euros will be due from the 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 will be due by right from the first day of delay, and will amount 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 French Consumer Code, the consumer Customer expressly acknowledges that the service provided by SendAnonymousSMS is a service fully performed before the expiry 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 Customers acting in a professional capacity.

6. Rights, Obligations, and Responsibilities of the Customer

The Customer 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 Customer agrees not to use the service to send messages or communications of an illegal nature to Anonymous individuals or third parties. In particular, the Customer is prohibited from sending, but not limited to, offensive, racist, discriminatory, pornographic, or provocative messages, or from carrying out unsolicited transmissions 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 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 Customer is strictly prohibited from running their own or external processes or programs on the systems and products of SendAnonymousSms. The Customer must also refrain from using any software or other means that could interfere with the provision of services to other users.

The Customer agrees to use the sender ID lawfully, ensuring they do not use phone numbers that do not belong to them, fictitious names (including trade names, first names, or surnames that are not the Customer's), or any illegal terms or symbols.

The Customer is in no way authorised to enter, transmit, or store personal data (as defined in Article 4 of the GDPR) via or in connection with the Product and/or SendAnonymousSms's systems, except for the personal data required to ensure compliance with the aforementioned commitment.

Notwithstanding the commitments stipulated in this section, the Customer remains fully responsible for the data entered into the Product and for the sending of messages and/or communications. SendAnonymousSms does not perform any verification of the information entered or the messages transmitted.

Consequently, the Customer remains legally liable for all data entered and for all messages or communications sent.

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

In the event of the Customer's failure to comply with any of the above-mentioned obligations, the Customer shall immediately pay SendAnonymousSms a penalty of 5000 EUR per violation, without the need for prior notice or proof of damage. This penalty is payable without prejudice to any other remedies available to SendAnonymousSms, including the right to claim additional compensation.

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 execute the Agreement with due diligence and in an appropriate manner.

The availability dates, times, and delivery deadlines provided by SendAnonymousSms are only estimates and do not, under any circumstances, constitute firm commitments. This information cannot be considered as binding deadlines, unless expressly stated otherwise.

In the event of a malfunction related to the Internet connection or a hardware and/or software failure, SendAnonymousSms will endeavour to resolve the issue as soon as possible, without, however, being held liable for it. If this failure originates from a third party, SendAnonymousSms shall not be held responsible for the duration or occurrence of the malfunction. In case of a malfunction attributable to the Client, the restoration costs shall be borne by the Client.

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 in the event of the 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 case of use of any of the Products outside the EEA, the Client solely assumes 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 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 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 or consequential damages, or damages related to loss of turnover or profits.

SendAnonymousSms shall under no circumstances be held liable for delays, data loss, or 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 intentional misconduct or gross negligence.

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

Any claim by the Customer against SendAnonymousSms shall be time-barred after a period of twelve months from the date of the incident, unless the Customer 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 as set out in the General Terms and Conditions shall also apply to all natural or legal persons, employees or subordinates, engaged by SendAnonymousSms for 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 provisions set forth, a failure by SendAnonymousSms to fulfil its obligations towards the Customer shall also be considered a case of force majeure if it results from a circumstance beyond the control of SendAnonymousSms, preventing the full or partial performance of its obligations, or making such performance unreasonably difficult. Such 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 Customer, 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 Customer shall have the right to terminate all or part of the Agreement in writing. In such a case, SendAnonymousSms shall under no circumstances be liable for any compensation for any damage, even if it derives any benefit 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 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 any person who states they are under the age of sixteen (16). If SendAnonymousSms becomes aware that a user or customer is under sixteen (16) years of age, 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 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 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 during the use of the Product. In case 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: name, email address, and address of the Customer. 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 aforementioned 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, 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 protection 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). Thus, 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 will 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 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 permitted to engage third parties for the execution of the Agreement. This includes subcontractors, such as web hosting companies. In the event of any changes involving the addition or replacement of subcontractors, the Client may object to such modifications as long as the Agreement between the Parties remains in effect.

To the extent possible, SendAnonymousSms shall 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 undertakes to respond independently 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 such requests.

Given the nature of the processing and the information available to SendAnonymousSms, the latter 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 shall 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 shall 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 deadlines.

SendAnonymousSms, as well as its employees, 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 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 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 of this as soon as possible and specify who will conduct the audit, as well as the chosen method and schedule.

SendAnonymousSms shall have a reasonable period to express any objection to the conduct 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 Party. SendAnonymousSms cannot refuse to cooperate with the audit for unfounded reasons (for example, by raising unreasonable objections). All costs associated with this audit will be borne by the Client.

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

11. Intellectual Property

The Client guarantees that the use of the Product does not infringe upon any intellectual property rights belonging to third parties. The Client is prohibited from removing or modifying any notices 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 Client may not remove or bypass these measures.

12. Complaint Procedure

SendAnonymousSms will make every effort to respond to the Client's complaints as soon as possible. The Client can submit a detailed complaint by contacting SendAnonymousSms via the following email: [email protected]. If reasonably feasible, SendAnonymousSms undertakes to process the complaint within five working days of its receipt and to provide a substantive response as quickly 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 do not in any way affect the right of the Parties to bring matters before the competent courts.

13. Final Provisions

The legal relationship between the Parties shall be governed by and interpreted in accordance with French law. The Vienna Sales Convention is not applicable. These General Terms and Conditions are drafted in all possible languages. In case 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 exclusively submitted 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 such a case, any dispute related to the contract concluded between SendAnonymousSms and a Client acting in a professional capacity shall be exclusively submitted 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 SendAnonymousSms.

If the Customer is an individual acting for personal reasons and not for professional purposes. Such conditions will not be part of the agreement between SendAnonymousSms and an individual acting for non-business purposes.

In the event that a provision of the Agreement is found to be null, voidable, or non-binding, the Agreement shall remain in effect. The Parties will make efforts to replace this provision with a new, legally valid one that achieves, as closely as possible, the same objective and effect as the cancelled provision.