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 concerning the use of the service.
• Parties: collectively refers to SendAnonymousSms and the Client.
• Product(s): all SMS services made available through the sendanonymoussms.fr website.
• SendAnonymousSms: a brand operated by the company SendAnonymousSms, whose head 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 and 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 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 in Euros and include Value Added Tax (VAT), as well as any other applicable taxes, unless expressly stated otherwise. Unless otherwise stipulated 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 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 agreed to in advance by SendAnonymousSMS.

In the event of late payment by a consumer Client, 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 at a rate equivalent to three times the current legal interest rate. Furthermore, a fixed recovery fee of 40 euros will be due from a professional Client, 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 Client is acting in a professional capacity, extrajudicial collection costs will be automatically due 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 French Consumer Code, the consumer Client expressly acknowledges that the service provided by SendAnonymousSMS is a service fully performed before the end 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 anonymous parties 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 warrants 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 running 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 could interfere with the provision of services to other users.

The Client agrees to use the sender's address lawfully, taking care not to use phone numbers that do not belong to them, fictitious names (including business names, first names, or last names that are not the Client's), as well as 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, with the exception of personal data necessary to ensure compliance with the commitment specified above.

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 perform any verification of the information entered or the messages transmitted.

Consequently, the Client remains legally responsible for all data entered and 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, third-party compensation, and fines imposed by regulatory authorities) arising from their acts or omissions that violate the obligations defined in this article.

In the event of a breach by the Client of any of their obligations mentioned above, the Client must immediately pay SendAnonymousSms a penalty of 5000 EUR per violation, without prior notice or proof of damage being required. This penalty is due without prejudice to other remedies available to SendAnonymousSms, including the right to seek additional compensation.

If 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 diligently and appropriately.

The availability dates, times, and delivery deadlines provided by SendAnonymousSms are only estimates and in no way constitute firm commitments. This information cannot 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 possible, without, however, being liable 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 in no way guarantees that messages or communications sent via the Product will arrive at 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 a message or communication.

8. Liability

The Products provided by SendAnonymousSms are intended for exclusive use 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 2500 EUR 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, consequential damages, or damages related to loss of revenue or profits.

SendAnonymousSms shall in no case 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 are not explicitly included in the Agreement. The exclusions of liability 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 to perform within two months following 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 time-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, SendAnonymousSms's liability will be limited to a maximum amount of EUR 2,500. This limitation of liability does not apply in cases of intentional misconduct or gross negligence.

The limitations and exclusions of liability of SendAnonymousSms provided for 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 provisions set forth, 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 SendAnonymousSms's control, preventing the full 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.

In the event that such a situation arises and prevents SendAnonymousSms from fulfilling 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 business days, both SendAnonymousSms and the Client will have the right to terminate all or part of the Agreement in writing. In this case, SendAnonymousSms will not be liable for any 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 communication to any person who declares themselves to be 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 the personal information of that user/client 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 Agreement, 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 Client, or in situations where SendAnonymousSms is legally required to provide this information under a court order. The Client explicitly consents to this disclosure of data.

The IP address used by the Client is recorded when using the Product. In the case of payment via iDEAL, Bancontact, Sofort, eps or Multibanco, the 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 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 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 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 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). Thus, SendAnonymousSms cannot 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 as 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 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 upon the GDPR or any other European or national data protection legislation, SendAnonymousSms will immediately inform the Client.

SendAnonymousSms is authorized to engage third parties for the execution of the Agreement. This includes subcontractors, such as web hosting companies. In the event of a change involving the addition or replacement of subcontractors, 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 their obligation to respond to requests from data subjects exercising their rights, in accordance with Chapter III of the GDPR. SendAnonymousSms may invoice the Client for the fees associated with this assistance, calculated based on an hourly rate set out in the Agreement or, failing that, at a reasonable rate.

The Client agrees to independently respond to requests from data subjects exercising their rights, as defined in Chapter III of the GDPR, in cases where the Client has access to the Personal Data required for such requests.

Due to the nature of the processing and the information available to SendAnonymousSms, it 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 set out in the Agreement or, failing that, at a reasonable rate.

SendAnonymousSms will implement all required technical and organizational measures, as stipulated in Article 32 of the GDPR, to guarantee 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 prescribed time limits.

SendAnonymousSms and its staff are bound to ensure the confidentiality of personal data, except where there is a legal obligation to disclose it, or where the performance of SendAnonymousSms's duties requires such disclosure.

With respect to 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 supervisory authority, such as the Dutch Data Protection Authority, unless such fines result from willful misconduct or gross negligence on the part of SendAnonymousSms.

SendAnonymousSms cannot be held liable for any failures by third parties engaged in the execution of the Processing Agreement.

The Client has the right to verify SendAnonymousSms's compliance with its obligations under this Processing Agreement through an audit. The Client must notify SendAnonymousSms in a timely manner and specify who will conduct the audit, as well as the chosen methodology and timeline.

SendAnonymousSMS 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 to resolve these disputes, taking into account the legitimate interests of each. SendAnonymousSMS cannot refuse to cooperate with the audit for unfounded reasons (for example, by raising unreasonable objections). All costs related to this audit will be borne by the Client.

Upon request, 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 notice 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 may not remove or circumvent these measures.

12. Complaint Procedure

SendAnonymousSMS will make every effort to respond to the Client's complaints as quickly as possible. The Client may 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 substantive response as soon as possible.

If the Client is a natural person acting for private purposes 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 site: 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 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 several languages. In case of any contradiction, the Dutch version, available at https://envoyersmsanonyme.fr, shall prevail.

If the Client is a natural person acting for private purposes 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 in a private capacity and not in the context of their professional activities. Such provisions will not be part of the agreement between EnvoyerSmsAnonyme and an individual acting for non-professional purposes.

Should any provision of the Agreement be deemed void, voidable, or unenforceable, the Agreement shall remain in effect. The Parties will strive to replace such provision with a new, legally valid provision that achieves, as closely as possible, the same purpose and effect as the original provision.