Terms of Use:

These terms of use apply to anyone wishing to access the text messaging services offered on this website. To review 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.

Description:

• General Conditions: these terms of use of the service.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of personal data and its free movement, 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 regarding the use of the service.
• Parties: collectively refers to SendAnonymousSMS and the Client.
• Product(s): all the SMS services available through the website sendanonymoussms.ca.
• SendAnonymousSMS: brand operated by the company SendTextAnonymously, headquartered in Lille.

1. Information about the Operator (SendAnonymousSMS)

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

2. Scope of Application of the General Terms and Conditions

These General Terms and Conditions govern all offers, business relationships, agreements, and legal interactions, present or future, between AnonymousSMS and the Client. The application of any potential general terms of the Client is expressly excluded.

By accessing the services, using them, downloading, or publishing content through them, the Client acknowledges having read, understood, and accepted these General Terms and Conditions.

3. Offer and Conclusion of the Contract

Unless otherwise stated explicitly, all offers from AnonymousSMS are non-binding. Any obvious error in an offer (including typographical errors) cannot hold AnonymousSMS liable. The contract is considered concluded once the Client clicks on a validation button such as "Send" or "Continue" on any of the platform's sites.

4. Payment Terms

All displayed prices are in euros and include Value Added Tax (VAT), along with any other applicable taxes, unless expressly stated otherwise. Unless otherwise provided in the contract or the offer issued by AnonymousSMS, payment must be made immediately after the conclusion of the contract. In any case, payment must be made no later than five (5) calendar days following the conclusion of the contract.

The Client cannot in any case offset any claims they may have against AnonymousSMS with any claims AnonymousSMS has against them, unless there is an explicit and prior agreement from AnonymousSMS.

In the case of late payment by a consumer Client, and after a formal notice that goes unanswered 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 current legal interest rate. In addition, a fixed recovery fee of 40 euros will be owed by the professional Client, in accordance with Article D. 441-5 of the Commercial Code, without prejudice to additional expenses incurred for the collection of the debt.

If the Client acts in a professional capacity, extrajudicial recovery fees will be due as of the first day of delay and will amount to 15% of the principal amount owed, with a minimum of 40 euros.

5. Right of Withdrawal

In accordance with Article L. 221-28 of the Consumer Code, the consumer Client expressly acknowledges that the service provided by AnonymousSMS is a performance fully executed before the expiration of the withdrawal period of fourteen (14) days. Consequently, they expressly waive their right of withdrawal. The right of withdrawal does not apply in any case to Clients acting in a professional capacity.

6. Rights, Obligations, 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. 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 or third parties. In particular, they are prohibited from sending, among other things, offensive, racist, discriminatory, pornographic, provocative messages, or from conducting unsolicited transmissions 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 input of data and the sending of messages via the service will not infringe in any way on the rights of third parties, including intellectual property rights.

The Client is strictly prohibited from executing 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 that could interfere with the provision of services to other users.

The Client agrees to legally use the sender's address, ensuring not to use phone numbers that do not belong to them, fictitious names (including trade names, first names, or family names that are not those of the Client), as well as illegal terms or symbols.

The Client is in no case authorized to enter, transmit or store personal data (in the sense of Article 4 of the GDPR) via or in relation to the Product and/or the systems of SendAnonymousSMS, except for the personal data necessary to ensure compliance with the commitment specified above.

Despite the commitments stipulated in this section, the Client retains full responsibility for the input of data in the Product as well as for the sending of messages and/or communications. SendAnonymousSMS does not undertake any verification of the information entered or the messages transmitted.

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

The Client also agrees to indemnify SendAnonymousSMS against any claims from third parties (including, but not limited to, claims for damages, third-party indemnities 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 the obligations mentioned above, they shall immediately pay SendAnonymousSMS a penalty of 5000 EUR per violation, without any prior notice being necessary, nor proof of damage required. 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 carry out the Contract diligently and appropriately.

The dates, availability times, and delivery deadlines communicated by SendAnonymousSMS are only estimates and do not constitute any firm commitments. This information cannot be considered as mandatory deadlines, unless explicitly stated otherwise.

In case of malfunction related to internet connection or hardware and/or software failure, SendAnonymousSMS will strive to resolve the issue as soon as possible, without being held responsible. If this failure comes from 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 the Client's responsibility.

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 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 any responsibility for incorrect or late 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 in France. In case of use of any of the Products outside the EEA, the Client assumes all risks associated with such use. Consequently, SendAnonymousSMS disclaims any responsibility for the use of its Products outside the EEA.

In case of SendAnonymousSMS's failure to meet its contractual obligations, its liability is limited to direct damages, up to the amount charged to the Client during the twelve months preceding the incident, with a cap of 2500 EUR per event or series of related events. These liability limitations do not apply in cases of intentional misconduct or gross negligence by SendAnonymousSMS.

SendAnonymousSMS disclaims any responsibility for other types of damages, including but not limited to indirect, consequential damages, or losses related to loss of revenue or profits.

SendAnonymousSMS cannot be held responsible for delays, data loss, non-compliance with deadlines due to changes in the circumstances, information, or materials of the Client, nor for damages arising from information or advice provided by SendAnonymousSMS that are 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 performance defect within two months following delivery. If a breach is found, SendAnonymousSMS may remedy the situation within a reasonable timeframe, without being required to pay damages.

Any claim by the Client against SendAnonymousSMS will be time-barred after twelve months from the incident, unless the Client has taken appropriate measures regarding this claim.

In the event of a fault by SendAnonymousSMS or its employees or subordinates for which 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 limitations and exclusions of liability of SendAnonymousSMS as set out in the General Terms apply to all natural or legal persons, employees or subordinates, that SendAnonymousSMS engages in performing the Contract.

The limitations and exclusions of liability mentioned in this article do not limit any other exclusions and limitations of liability of SendAnonymousSMS contained in these General Terms.

9. Force Majeure

In addition to the provisions stated, a breach by SendAnonymousSMS of 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 full or partial performance of its obligations, or making such performance unreasonably burdensome. 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 occurs, preventing SendAnonymousSMS from fulfilling its obligations to the Client, those obligations may be suspended for as long as SendAnonymousSMS is unable to perform them. If this situation persists for ten business days, both SendAnonymousSMS and the Client shall have the right to terminate all or part of the Contract in writing. In this case, SendAnonymousSMS shall not be liable to pay compensation for any damages, even if it benefits from an advantage related to the force majeure situation.

10. Confidentiality

SendAnonymousSMS 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 old. 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 anyone who claims to be under sixteen (16) years old. If SendAnonymousSMS becomes aware that a user or client is under sixteen (16), it will take the necessary steps to remove that user's/client's personal information from its systems. If you are the parent or guardian of a child you believe has disclosed personal information to SendAnonymousSMS, please contact us by mail to have that data 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 that purpose.

SendAnonymousSMS also reserves the right to share personal data or other information with investigative authorities, especially when the Product is used unlawfully by the Client, or in situations where SendAnonymousSMS is legally required to provide such information under 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 case of payment via iDEAL, Bancontact, Sofort, eps, or Multibanco, the account or credit 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 by PayPal, the following information will be recorded: name, email address, and address of the Client. If payment is made by credit card, Apple Pay, Google Pay, or Microsoft Pay, the data of the credit card used will also be stored. If payment is made by phone, the phone number used will be recorded. The above-mentioned data will be retained by SendAnonymousSMS for a period of 18 months. The Client explicitly consents to this collection and retention of data.

If the Client collects or processes personal data in any other way 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 such data processing.

The Client agrees to indemnify SendAnonymousSMS against any claim or demand 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 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 permitted to collect, send, or otherwise retain personal data (as defined in Article 4 of the GDPR) via, within, or using the Product and/or the systems of SendAnonymousSMS (unless otherwise stated in the General Terms and Conditions). Thus, SendAnonymousSMS cannot be considered a data processor as defined in 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 qualified as a data processor under Article 4 of the GDPR. If, nonetheless, the GDPR were to consider SendAnonymousSMS as a data processor, the provisions below would 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 instruction infringes the GDPR or any other applicable European or national data protection legislation, SendAnonymousSMS will immediately inform the Client.

SendAnonymousSMS is permitted to engage third parties to fulfill 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, AnonymousSMS will assist the Client, upon simple request, to comply with their obligation to respond to requests for the exercise of the rights of data subjects, in accordance with Chapter III of the GDPR. AnonymousSMS may charge the Client for the costs related to this assistance, calculated based on an agreed hourly rate in the Contract or, in the absence of such, at a reasonable rate.

The Client commits to independently respond to requests for the exercise of the rights of data subjects as defined in Chapter III of the GDPR, in the event that they have access to the personal Data necessary for these requests.

Due to the nature of the processing and the information available to AnonymousSMS, it commits to providing any necessary assistance to the Client, upon simple request, to ensure compliance with the obligations set out in Articles 32 to 36 of the GDPR. AnonymousSMS may charge for this assistance at an agreed hourly rate in the Contract, or, in the absence of such, at a reasonable rate.

AnonymousSMS will take all technical and organizational measures required, as stipulated in Article 32 of the GDPR, to ensure an appropriate level of security commensurate with the identified risks.

In the event that AnonymousSMS 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 notify the Client. In this case, AnonymousSMS commits, at the Client's request, to provide any necessary assistance to allow the Client to notify the relevant supervisory authority and, if necessary, to communicate the breach to the affected individuals within the required timeframes.

AnonymousSMS, as well as its collaborators, are obliged to ensure the confidentiality of personal data, except in cases of legal obligations to disclose or when the task of AnonymousSMS requires such disclosure.

Concerning the liability of AnonymousSMS, only the provisions set forth in this article, as well as those agreed in the Contract and the General Terms, apply.

AnonymousSMS does not assume responsibility for fines imposed on the Client by the relevant regulatory authority, such as the Dutch Data Protection Authority, unless it results from intentional wrongdoing or gross negligence on the part of AnonymousSMS.

Any breaches by third parties engaged in the execution of the Processing Contract cannot be attributed to AnonymousSMS.

The Client has the right to verify AnonymousSMS's compliance with its obligations under this Processing Contract through an audit. They must inform AnonymousSMS as soon as possible and specify who will conduct the audit, as well as the chosen method and schedule.

AnonymousSMS will have a reasonable period to raise any objections to the conduct of the audit. If objections are raised prior to the audit's implementation, the Parties commit to consult each other to resolve these disputes, taking into account each party's legitimate interests. AnonymousSMS 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 forth in Article 28 of the GDPR.

11. Intellectual Property

The Client ensures that the use of the Product does not violate any intellectual property rights belonging to third parties. It is prohibited to remove or modify any mention 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 the associated rights, the Client may not remove or circumvent these measures.

12. Complaints Procedure

SendAnonymousSMS will make every effort to respond to the Client's 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 to providing a substantial response as soon as possible.

If the Client is an individual acting in a private capacity and not in the course of a business 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 complaints procedures mentioned in this article do not affect the right of the Parties to bring matters before the competent courts.

13. Final Provisions

The legal relations between the Parties will be governed and interpreted in accordance with French law. The Vienna Convention on Sales is not applicable. These General Terms and Conditions are drafted in all possible languages. In case of contradiction, the Dutch version, available at https://envoyersmsanonyme.fr, shall prevail.

If the Client is an individual acting in a private capacity and not in the course of a business activity, any dispute arising from the contract concluded with this Client will be exclusively submitted to the competent court of the Client's place of residence.

The preceding paragraph does not apply if the Client acts in the course of their commercial, industrial, craft, or professional activity. In this case, any dispute related to the contract concluded between SendAnonymousSMS and a Client acting in a professional capacity will be exclusively submitted to the French court.

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

If the Client is an individual acting in a private capacity and not in the course of a business activity. Such stipulations will not be part of the agreement between SendAnonymousSMS and an individual acting for non-professional purposes.

In the event that a provision of the Contract is deemed null, void, or unenforceable, the Contract will remain valid. The Parties will endeavor to replace this provision with a new, legally valid provision that has as similar an objective and effect as possible to the nullified provision.