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:

• Terms and Conditions: these terms of 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 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 envoyersmsanonyme.fr website.
• 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 Terms and Conditions

These General Terms and Conditions govern all current and future offers, commercial relationships, agreements, and legal interactions between EnvoyerSmsAnonyme 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 via the services, the Customer acknowledges they have read, understood, and agree to these General Terms and Conditions.

3. Offer and Conclusion of the Contract

Unless explicitly stated otherwise, all offers from EnvoyerSmsAnonyme are non-binding. Any obvious error in an offer (including typographical errors) shall not be binding on EnvoyerSmsAnonyme. The contract is deemed to be formed once the Customer clicks a confirmation button such as "Send" or "Continue" on any of the platform's websites.

4. Payment Terms

All displayed prices are expressed 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 EnvoyerSmsAnonyme, payment must be made immediately after the contract is formed. In all cases, payment must be made no later than five (5) calendar days following the formation of the contract.

The Customer may not, under any circumstances, set off any claim they hold against EnvoyerSmsAnonyme against any claim held by EnvoyerSmsAnonyme against them, without the explicit prior agreement of EnvoyerSmsAnonyme.

In the event of late payment by a consumer Customer, and after a formal notice has remained unheeded 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 payable by the business Customer, in accordance with Article D. 441-5 of the French Commercial Code, without prejudice to any additional costs incurred in recovering the debt.

If the Customer is acting in a professional capacity, extrajudicial collection costs will be automatically due 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 French Consumer Code, the consumer Customer expressly acknowledges that the service provided by EnvoyerSmsAnonyme 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 Customers acting in a professional capacity.

6. Customer's Rights, Obligations, and Responsibilities

The Customer warrants that they are at least sixteen (16) years of age when accessing or using the service. When using the product, they must behave responsibly and in a manner consistent with the expectations of a prudent user of internet and SMS services.

The Client agrees not to use the service to send illegal messages or communications to recipients 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 using the service for any illegal or criminal purposes.

The Client warrants that the data entered and messages sent 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 the systems and products of SendAnonymousSms. The Client must also refrain from using software or any other means that may interfere with the provision of services to other users.

The Client undertakes to use the sender's address in a lawful manner, taking care not to use phone numbers that do not belong to them, fictitious names (including business names, first names, or surnames that are not the Client's), or illegal terms or symbols.

The Client is under no circumstances authorised 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 the systems of SendAnonymousSms, 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 contrary to the obligations defined in this article.

In the event of a breach by the Client of any of their obligations mentioned above, the Client shall immediately pay SendAnonymousSms a penalty of EUR 5,000 per infringement, without the need for prior notice of default 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 Client 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 Client to access the Product.

7. Rights, obligations, and responsibilities of SendAnonymousSms

SendAnonymousSms undertakes to perform the Contract with due care and skill.

The availability dates, times, and delivery periods provided by SendAnonymousSMS are estimates only and do not constitute firm commitments under any circumstances. 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 being held responsible 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 restoration 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 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 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 France. In the event of using one of the Products outside the EEA, the Client solely assumes the risks associated with this 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 wilful 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 those related to loss of revenue or profits.

SendAnonymousSMS shall under no circumstances be held liable for delays, loss of data, 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 exclusions of liability mentioned in this paragraph do not apply in cases of wilful misconduct or gross negligence.

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

Any claim by the Client against SendAnonymousSms will be 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, the liability of SendAnonymousSms will 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 provided for in the General Conditions also apply to all natural or legal persons, employees or subordinates, whom SendAnonymousSms engages in the performance of the Contract.

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 Conditions.

9. Force Majeure

In addition to the provisions set forth, a failure by SendAnonymousSms to fulfil 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 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 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 such a case, SendAnonymousSms shall under no circumstances be liable to pay compensation for any damage, even if it gains an advantage from the force majeure situation.

10. Confidentiality

The products of SendAnonymousSms are not intended for children under sixteen (16) years of age. 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 sixteen (16) years of age. Furthermore, SendAnonymousSms does not send any communications 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 that user's/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 authorises SendAnonymousSms to process their personal data and to transmit it to third parties for this purpose.

EnvoyerSmsAnonyme 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 EnvoyerSmsAnonyme 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 when using the Product. For payments made via iDEAL, Bancontact, Sofort, eps or Multibanco, the bank account or card number used by the Customer, as well as the name, residential address 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 Customer's name, email address and address. For payments by credit card, Apple Pay, Google Pay or Microsoft Pay, the details 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 EnvoyerSmsAnonyme 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 when 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 EnvoyerSmsAnonyme against any third-party claim or demand, 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 of the Customer that infringes, or is perceived to infringe, applicable privacy laws, such as the GDPR.

In accordance with the 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 EnvoyerSmsAnonyme's systems (unless otherwise specified in the Terms and Conditions). Thus, EnvoyerSmsAnonyme cannot be considered a data processor within the meaning of Article 4 of the GDPR. If the Customer fails to comply with this obligation, EnvoyerSmsAnonyme 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 EnvoyerSmsAnonyme 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.

EnvoyerSmsAnonyme processes personal data solely on behalf of the Customer and in accordance with their written instructions. If, in EnvoyerSmsAnonyme's opinion, such an instruction infringes the GDPR or any other European or national data protection legislation, EnvoyerSmsAnonyme will immediately inform the Customer.

SendAnonymousSMS is authorised to engage third parties for the performance of the Agreement. This includes subcontractors, such as web hosting companies. In the event of any changes regarding 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, to fulfil 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 associated with this assistance, calculated based on an hourly rate agreed upon in the Agreement or, failing that, at a reasonable rate.

The Client agrees to respond independently to requests for exercising 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.

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 will implement 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 will 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 timeframes.

SendAnonymousSMS, as well as its staff, are required to ensure the confidentiality of personal data, except in the case of a legal obligation for disclosure or when the tasks of SendAnonymousSMS require such disclosure.

Regarding 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 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 misconduct or gross negligence on the part of SendAnonymousSMS.

Any failures of third parties engaged in the performance 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. They must inform SendAnonymousSMS as soon as possible and specify who will conduct the audit, as well as the chosen method and schedule.

EnvoyerSmsAnonyme will have a reasonable period to raise any objections to the conduct 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. EnvoyerSmsAnonyme 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 Customer.

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

11. Intellectual Property

The Customer warrants that the use of the Product does not infringe upon any intellectual property rights belonging to third parties. The Customer is prohibited from removing or modifying any notices related to these intellectual property rights.

EnvoyerSmsAnonyme 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 Customer may not remove or circumvent these measures.

12. Complaint Procedure

EnvoyerSmsAnonyme will make every effort to respond to Customer complaints as quickly as possible. The Customer can submit a detailed complaint by contacting EnvoyerSmsAnonyme via the following email: [email protected]. If reasonably feasible, EnvoyerSmsAnonyme commits to addressing the complaint within five business days of its receipt, and to providing a substantive response as soon as possible.

If the Customer 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 construed in accordance with French law. The Vienna Sales Convention is not applicable. These General Terms and Conditions are drafted in all possible languages. In the event of any conflict, the Dutch version, available at https://envoyersmsanonyme.fr, shall prevail.

If the Customer 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 Customer shall be exclusively submitted to the competent court of the Customer's place of residence.

The preceding paragraph does not apply if the Customer is acting in the course of their commercial, industrial, craft, or professional activity. In this case, any dispute related to the contract concluded between EnvoyerSmsAnonyme and a Customer acting in a professional capacity shall be exclusively submitted to the French courts.

The Customer's rights under the Agreement may not be assigned to a third party without the prior written consent of EnvoyerSmsAnonyme.

If the Customer is an individual acting in a private capacity and not in the course of their professional activity. Such provisions shall not form part of the agreement between SendAnonymousSMS and an individual acting for non-professional purposes.

In the event that a provision of the Agreement is deemed void, voidable or non-binding, the Agreement shall remain valid. The Parties will endeavour to replace this provision with a new, legally valid one, having as far as possible the same objective and effect as the voided provision.