Terms of Use:
These terms of use apply to anyone wishing to access the SMS 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.
Description:
- General Terms: these terms of use of the service.
- GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data and its free movement, repealing Directive 95/46/EC.
- Client: any individual 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 quote from them.
- 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 provided via the website sendanonymoustext.com.
- SendAnonymousSMS: brand operated by the company SendAnonymousSMS, headquartered in Lille.
1. Information about the Operator (SendAnonymousSMS)
- Company Name: SendAnonymousSMS, registered in Lille.
- E-mail: For any inquiries, please 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 SendAnonymousSMS and the Client. The application of any general conditions of the Client is expressly excluded.
By accessing the services, using them, or uploading content via these services, the Client acknowledges that they have read, understood, and accepted these General Terms and Conditions.
3. Offer and Conclusion of the Contract
Unless expressly stated otherwise, all offers from SendAnonymousSMS are non-binding. Any obvious errors in an offer (including typographical errors) shall not bind SendAnonymousSMS. The contract is deemed concluded as soon as 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 Goods and Services Tax (GST), as well as any other applicable taxes, unless expressly stated otherwise. Unless otherwise provided in the contract or offer issued by SendAnonymousSMS, payment must be made immediately upon conclusion of the contract. In any event, payment must be made no later than five (5) calendar days following the conclusion of the contract.
The Client may not set off any debt they hold against SendAnonymousSMS against any debt owed to them by SendAnonymousSMS, unless there is explicit prior agreement from SendAnonymousSMS.
In case of late payment by a consumer Client, and after a formal notice remains unanswered for fourteen (14) days, late payment penalties will be applied in accordance with 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 force. Additionally, a fixed recovery fee of 40 euros will be due from professional Clients, in accordance with Article D. 441-5 of the Commercial Code, without prejudice to any additional costs incurred for the recovery of the debt.
If the Client acts in a professional capacity, extrajudicial recovery fees will be due automatically from the first day of delay, amounting 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 SendAnonymousSMS is a service fully performed before the expiration of the fourteen (14) day withdrawal period. As a result, 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 Anonymes or third parties. In particular, they are prohibited from sending, among other things, offensive, racist, discriminatory, pornographic, provocative messages, or from sending unsolicited messages for commercial, ideological or charitable purposes (also referred to as SPAM). The Client also prohibits any use of the service for illegal or criminal purposes.
The Client guarantees that entering data and sending messages via the service will not infringe on the rights of third parties in any way, including intellectual property rights.
It is strictly forbidden for the Client to run their own processes or programs, or external processes, on the systems and products of SendAnonymSMS. The Client must also refrain from using software or any other means that may interfere with the delivery of services to other users.
The Client agrees to legally use the sender's address, being careful not to use phone numbers that do not belong to them, fictitious names (including trade names, first names, or last names that are not those of the Client), as well as illegal terms or symbols.
The Client is in no way permitted 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 SendAnonymSMS, except for personal data necessary to ensure compliance with the above commitment.
Notwithstanding the commitments set forth in this section, the Client retains full responsibility for entering data into the Product as well as sending messages and/or communications. SendAnonymSMS does not verify the information entered or messages transmitted.
Consequently, the Client remains legally responsible for all data entered as well as the messages or communications sent.
The Client also agrees to indemnify SendAnonymSMS against any claims from third parties (including, but not limited to, claims for damages, third-party compensation, and fines imposed by regulatory authorities) arising from their actions or omissions contrary to the obligations defined in this article.
In the event of the Client's breach of any of their obligations mentioned above, they must immediately pay SendAnonymSMS a penalty of 5000 EUR per breach, without the need for prior notice or proof of damage. This penalty is due without prejudice to other remedies available to SendAnonymSMS, including the possibility of seeking additional compensation.
In the event that the Client does not comply with their contractual obligations, SendAnonymSMS 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 SendAnonymSMS
SendAnonymSMS agrees to execute the Contract diligently and appropriately.
The dates, times of availability, and delivery deadlines communicated by SendAnonymousSMS are only estimates and do not constitute any firm commitments. This information cannot be regarded as mandatory deadlines, unless otherwise stated.
In the event of a malfunction related to the Internet connection or hardware and/or software failure, SendAnonymousSMS will strive to resolve the issue as soon as possible, but will not be held responsible. If the failure is caused by 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, 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 does not guarantee that messages or communications sent via the Product will arrive at the recipient in the same form they were sent, nor that they will be received at the scheduled time.
Consequently, SendAnonymousSMS disclaims any liability in case of incorrect or late receipt of a message or communication.
8. Liability
The Products provided by SendAnonymousSMS are intended for use exclusively in the European Economic Area (EEA) and in France. In the event of using any of the Products outside the EEA, the Client assumes all risks associated with such use. Consequently, SendAnonymousSMS disclaims any liability for the use of its Products outside 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 charged to the Client in the twelve months preceding the incident, with a cap of 2500 AUD per event or series of related events. These limitations on liability do not apply in cases of intentional wrongdoing or gross negligence on the part of SendAnonymousSMS.
SendAnonymousSMS disclaims any liability 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 liable for delays, data loss, failure to meet 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 Agreement. The liability exclusions mentioned in this paragraph do not apply in cases of intentional wrongdoing or gross negligence.
To be eligible for compensation, the Client must report any performance defect within two months of delivery. If a breach is found, SendAnonymousSMS may remedy it within a reasonable time without being liable for 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 the event 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 AUD 2,500. This limitation of liability does not apply in cases of intentional wrongdoing or gross negligence.
The limitations and exclusions of liability of SendAnonymousSMS set out in the General Terms also apply to all individuals or entities, employees or subordinates, that SendAnonymousSMS engages in the performance of the Contract.
The limitations and exclusions of liability mentioned in this article do not limit in any way the other exclusions and limitations of liability of SendAnonymousSMS contained in these General Terms.
9. Force Majeure
In addition to the provisions stated, 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 the control of SendAnonymousSMS, preventing the total or partial execution of its obligations, or making such execution 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 fulfilling its obligations to the Client, these obligations may be suspended as long as SendAnonymousSMS is unable to execute them. If this situation persists for ten working days, both SendAnonymousSMS and the Client shall have the right to terminate all or part of the Contract in writing. In such cases, SendAnonymousSMS will not be liable to pay compensation for any damages, even if it benefits from an advantage related to the force majeure situation.
10. Privacy
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 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 anyone identifying themselves as under sixteen (16) years of age. If SendAnonymousSMS learns that a user or client is under sixteen (16) years of age, it will take the necessary steps to delete that user's/client's personal information from its systems. If you are a parent or guardian of a child you believe has disclosed personal information to SendAnonymousSMS, please contact us via mail so that this data can be removed from our system.
To the extent necessary for the execution 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 investigative authorities, particularly when the Product is used illegally by the Client, or in situations where SendAnonymousSMS is legally required to provide such information under a court decision. 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 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 through 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 credit card details 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 processes personal data in any other way when using the Product, they will be considered the "data controller" in accordance with Regulation (EU) 2016/679 (GDPR). Therefore, the Client must ensure that a legal basis exists for this data processing.
The Client agrees to indemnify SendAnonymousSMS against any claims or demands 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 contravenes, or is perceived as a contravention 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 retain personal data (as defined in Article 4 of the GDPR) via, in or with the Product and/or the SendAnonymousSMS systems (unless otherwise stated 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 does not 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 were to nonetheless classify SendAnonymousSMS as a data processor, the provisions below will apply between the Parties, but 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 only on behalf of the Client and in accordance with their written instructions. If, in the opinion of SendAnonymousSMS, such instruction breaches 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 performance of the Contract. This includes subcontractors, such as web hosting companies. In the event of a change regarding the addition or replacement of subcontractors, the Client may oppose such changes as long as the Contract between the Parties remains in force.
As far as possible, SendAnonymousSMS will assist the Client, upon 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 fees related to this assistance, calculated based on an agreed hourly rate in the Contract or, failing that, a reasonable rate.
The Client agrees 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 these requests.
Due to the nature of the processing and the information available to SendAnonymousSMS, the latter commits to providing any necessary assistance to the Client, upon request, to ensure compliance with the obligations defined in Articles 32 to 36 of the GDPR. SendAnonymousSMS may charge for this assistance based on an agreed hourly rate in the Contract, or failing that, at a reasonable rate.
SendAnonymousSMS will take all necessary technical and organizational measures, as stipulated in Article 32 of the GDPR, to ensure an appropriate level of security based on 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 agrees, at the Client's request, to provide any necessary assistance to enable the Client to notify the relevant supervisory authority, and, if necessary, to communicate the breach to the affected individuals within the stipulated deadlines.
SendAnonymousSMS, along with its collaborators, are required to ensure the confidentiality of personal data, except in cases of legal obligation to disclose or when the task of SendAnonymousSMS requires such disclosure.
Regarding the liability of SendAnonymousSMS, only the provisions stated in this article, as well as those agreed in the Contract and the General Terms and Conditions, apply.
SendAnonymousSMS is not liable for fines imposed on the Client by the competent regulatory authority, such as the Dutch Data Protection Authority, unless this results from intentional wrongdoing or gross negligence by SendAnonymousSMS.
Any failures of third parties engaged in the performance of the Processing Contract cannot be attributed to SendAnonymousSMS.
The Client has the right to verify SendAnonymousSMS's compliance with its obligations under this Processing Contract through an audit. They must inform SendAnonymousSMS promptly and specify who will conduct the audit, as well as the chosen method and timeline.
SendAnonymousSMS will have a reasonable period to raise any objections to the conduct of the audit. If objections are raised before the audit is initiated, 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 warrants 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 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 put in place 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 Client complaints as promptly as possible. The Client can submit a detailed complaint by contacting SendAnonymousSMS via the following email: [email protected]. If reasonably feasible, SendAnonymousSMS commits to addressing 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 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 do not affect the rights of the Parties to refer to competent jurisdictions.
13. Final Provisions
The legal relations between the Parties will be governed and interpreted in accordance with French law. The Vienna Convention on Sales does not apply. These General Terms and Conditions are drafted in all possible languages. In the event of a contradiction, the Dutch version, available at https://envoyersmsanonyme.fr, will 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 will be exclusively subject to the competent court of the Client's place of residence.
The previous paragraph does not apply if the Client is acting within the scope 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 subject to French courts.
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 a natural person acting in a private capacity and not in the course of their professional activity. Such provisions will not form part of the agreement between SendAnonymousSMS and a natural person acting for non-professional purposes.
In the event that any provision of the Contract is deemed invalid, void, or unenforceable, the Contract shall remain valid. The Parties will strive to replace this provision with a new, legally valid one that, as far as possible, has the same purpose and effect as the nullified provision.