Terms of Use:
These terms of use apply to anyone wishing to access the text messaging services offered on this website. To view the entirety of our general terms, please refer to the PDF file available in English. By using this site, you acknowledge that you have read and fully accept our general terms.
Description:
- General Terms: these terms of use for the service.
- GDPR: Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, relating to the protection of personal data and their free movement, repealing Directive 95/46/EC.
- Client: any individual aged 16 or older or any legal entity accessing the services and having entered into an agreement with SendAnonymousSMS, or having received an offer or 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 website sendanonymoustexts.com.
- SendAnonymousSMS: brand operated by the company SendAnonymousSMS, whose registered office is located in Lille.
1. Information about the Operator (SendAnonymousSMS)
- Company Name: SendAnonymousSMS, registered in Lille.
- Email: For any questions, contact us at [email protected].
2. Scope of Application 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 of the Client is expressly excluded.
By accessing the services, using them, 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 otherwise expressly stated, 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 when the Client clicks on a validation button such as "Send" or "Continue" on one of the platform 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 after the conclusion of the contract. In all cases, payment must be made no later than five (5) calendar days after the conclusion of the contract.
The Client may not, in any case, offset any claim they may hold against SendAnonymousSMS with any claim from SendAnonymousSMS against them, unless there is an explicit and prior agreement from SendAnonymousSMS.
In the event of a delay in payment from a consumer Client, and after a formal notice has gone 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 legal interest rate in effect. Additionally, a flat 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 collecting the debt.
If the Client acts in a professional capacity, extrajudicial recovery fees will be due as of 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 that is 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, Duties, 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. While using the product, they must behave responsibly and in accordance with the expectations of a prudent Internet and SMS service user.
The Client agrees not to use the service to send messages or communications of an illegal nature to Anonymous or third parties. In particular, they are prohibited from sending, without limitation, offensive, racist, discriminatory, pornographic, provocative messages, or from conducting unsolicited sends for commercial, ideological, or charitable purposes (also known as SPAM). The Client also prohibits any use of the service for illegal or criminal purposes.
The Client guarantees that the input of data and the sending of messages through the service will not infringe in any way on the rights of third parties, including intellectual property rights.
It is strictly forbidden for the Client to execute 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 likely to disrupt the provision of services to other users.
The Client agrees to use the sender's address legally, being careful not to use phone numbers that do not belong to them, fictitious names (including commercial names, first names or surnames that are not the Client's), as well as illegal terms or symbols.
The Client is in no case authorized 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 obligation specified above.
Despite the commitments stipulated in this section, the Client retains full responsibility for the data entered in the Product as well as for the sending of 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 the messages or communications sent.
The Client also agrees to indemnify SendAnonymousSMS against any claims from third parties (including, but not limited to, damage claims, third-party compensation, and fines imposed by regulatory authorities) arising from their acts or omissions contrary to the obligations defined in this article.
In case of the Client's failure to comply with any of their obligations mentioned above, they shall immediately pay SendAnonymousSMS a penalty of 5000 EUR per infraction, without prior notice being necessary, nor any damage needing to be proven. 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 meet 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 agrees to execute the Contract diligently and appropriately.
The dates, times of availability, and delivery times communicated by SendAnonymousSMS are only estimates and do not constitute any firm commitments. This information cannot be considered as mandatory deadlines unless expressly stated otherwise.
In the event of a malfunction related to internet connectivity or equipment and/or software failure, SendAnonymousSMS will endeavor to resolve the issue as quickly as possible, although it shall not be held responsible. If this failure is caused by a third party, SendAnonymousSMS cannot be held responsible for the duration of the malfunction or its occurrence. In case 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 through 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 in case of incorrect or late receipt of a message or communication.
8. Liability
The Products provided by SendAnonymousSMS are intended to be used exclusively within the European Economic Area (EEA) and in France. In case of using any of the Products outside of the EEA, the Client solely assumes the risks associated with such use. Consequently, SendAnonymousSMS disclaims all liability for the use of its Products outside of the EEA.
In the event of a breach by SendAnonymousSMS of its contractual obligations, its liability is limited to direct damages, up to the amount billed to the Client in the twelve months preceding the incident, with a ceiling of 2500 EUR per event or series of related events. These liability limitations do not apply in case of intentional misconduct or gross negligence by SendAnonymousSMS.
SendAnonymousSMS disclaims any liability for other types of damages, including, but not limited to, indirect, consequential damages, or those related to the loss of revenue or profits.
SendAnonymousSMS shall in no event be liable for delays, data loss, or failure to meet deadlines due to changes in circumstances, information, or materials provided by the Client, nor for damages arising from information or advice given by SendAnonymousSMS that are not explicitly included in the Contract. The exclusions of liability mentioned in this paragraph do not apply in case of intentional misconduct or gross negligence.
To be eligible for compensation, the Client must report any performance defects within two months of delivery. If a breach is found, SendAnonymousSMS may remedy it within a reasonable time, without being obliged 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 case of fault by SendAnonymousSMS or its employees or subordinates 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 fault or gross negligence.
The liability limitations and exclusions of SendAnonymousSMS stipulated in the General Terms and Conditions also apply to all individuals or legal entities, employees, or subordinates whom SendAnonymousSMS engages in the performance of 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 stated, 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 making this fulfillment unreasonably exigible. 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 meeting its obligations to the Client, these obligations may be suspended as long as SendAnonymousSMS is unable to perform them. If this situation persists for ten working days, both SendAnonymousSMS and the Client will have the right to terminate all or part of the Contract in writing. In such a case, SendAnonymousSMS will not be obliged to provide compensation for any damage, even if it benefits from an advantage related to 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 maintain information from individuals it knows are under sixteen (16) years of age. No part of the products is designed to attract an audience under sixteen (16) years old. Furthermore, SendAnonymousSMS does not send any communication to anyone declaring themselves to be under sixteen (16) years of age. If SendAnonymousSMS learns that a user or client is under sixteen (16) years of age, it will take necessary measures to delete that user/client's personal information from its systems. If you are the parent or guardian of a child who 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 law enforcement authorities, particularly when the Product is used unlawfully by the Client, or in situations where SendAnonymousSMS is legally required to provide such 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 case of payment via iDEAL, Bancontact, Sofort, eps or Multibanco, the 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: name, email address, and address of the Client. In the case of payment by credit card, Apple Pay, Google Pay, or Microsoft Pay, the credit card data used will also be stored. If the 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 Client explicitly consents to this collection and retention of data.
If the Client collects or processes personal data in any other way during the use of the Product, they will be considered the 'data controller' under Regulation (EU) 2016/679 (GDPR). The Client must therefore ensure that there is a legal basis for this data processing.
The Client agrees to indemnify SendAnonymousSMS against any claims or demands 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 of the Client that would violate, or be perceived as a violation of, applicable privacy laws, such as the GDPR.
In accordance with the General Terms and Conditions, the Client 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 the systems of SendAnonymousSMS (unless stated otherwise in the General Terms and Conditions). Thus, 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 classified as a data processor under Article 4 of the GDPR. Should the GDPR nonetheless deem SendAnonymousSMS to be a data processor, the provisions below will apply between the Parties, and 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 solely on behalf of the Client and in accordance with their written instructions. If, in the opinion of SendAnonymousSMS, such instructions violate the GDPR or any other European or national legislation relating to data protection, SendAnonymousSMS will immediately inform the Client.
SendAnonymousSMS is permitted to engage third parties to execute the Contract. This includes subcontractors, such as web hosting companies. In the event of changes regarding the addition or replacement of subcontractors, the Client may object to these changes as long as the Contract between the Parties remains in effect.
As far as possible, SendAnonymousSMS will assist the Client, upon simple request, in fulfilling their obligation to respond to requests for the exercise of 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 agreed hourly rate in the Contract or, failing that, a reasonable rate.
The Client commits to independently respond to requests for the exercise of 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.
Due to the nature of the processing and the information available to SendAnonymousSMS, it commits to provide all necessary assistance to the Client, upon simple request, to ensure compliance with the obligations defined in Articles 32 to 36 of the GDPR. SendAnonymousSMS may charge for this assistance according to an agreed hourly rate in the Contract, or otherwise, at a reasonable rate.
SendAnonymousSMS will take all technical and organizational measures required, as stipulated in Article 32 of the GDPR, to ensure an appropriate level of security based on the identified risks.
In the event that SendAnonymousSMS 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, SendAnonymousSMS commits, 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 affected individuals within the required timeframes.
SendAnonymousSMS, along with its collaborators, is obliged to ensure the confidentiality of personal data, unless required by law to disclose or when the task of SendAnonymousSMS necessitates such disclosure.
Regarding the liability of SendAnonymousSMS, only the provisions stated in this article, as well as those agreed upon in the Contract and the General Terms, 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 intentional misconduct or gross negligence on the part of SendAnonymousSMS.
Any failures of third parties engaged in the execution of the Processing Contract cannot be attributed to SendAnonymousSMS.
The Client has the right to verify the compliance of SendAnonymousSMS with its obligations under this Processing Contract through 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.
SendAnonymousSMS will have a reasonable timeframe to express any objections to the audit being conducted. If objections are raised before the audit is established, the Parties agree to consult to resolve these disputes, taking into account the legitimate interests of each. SendAnonymousSMS cannot refuse to cooperate with the audit on unfounded grounds (for example, by raising unreasonable objections). All costs related to 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 violate any intellectual property rights belonging to third parties. It is prohibited to delete or modify any reference related to these intellectual property rights.
SendAnonymousSMS 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 will neither delete nor circumvent these measures.
12. Complaint Procedure
SendAnonymousSMS will make every effort to respond to Client complaints as quickly as possible. The Client can submit a detailed complaint by contacting SendAnonymousSMS via the following email: [email protected]. If reasonably feasible, SendAnonymousSMS commits to processing the complaint within five business days of receipt and providing a substantial response as soon as possible.
If the Client is a natural person acting in a private capacity and not in the context 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 site: https://ec.europa.eu/consumers/odr/.
The complaint procedures mentioned in this article do not affect the right of the Parties to invoke the competent courts.
13. Final Provisions
The legal relations between the Parties shall be governed and interpreted in accordance with French law. The Vienna Convention on Sales does not apply. These General 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 context of their professional activity, any dispute arising from the contract entered into with that Client will 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 in the context of their commercial, industrial, artisanal, or professional activity. In this case, any dispute related to the contract entered into between SendAnonymousSMS and a Client acting in a professional context will be exclusively submitted to the French court.
The Client's rights under the Contract may not be assigned to a third party without prior written consent from SendAnonymousSMS.
If the Client is a natural person acting in a private capacity and not in the context 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 Contract is found to be null, void, or unenforceable, the Contract shall remain valid. The Parties will strive to replace this provision with a new, legally valid one that has as much as possible the same purpose and effect as the annulled provision.