Terms of Use:
These terms of use apply to anyone wishing to access the text messaging services offered on this website. To view the full terms and conditions, please refer to the PDF file available in English. By using this site, you acknowledge that you have read our terms and conditions and accept them in full.
Description:
- General Terms: 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 personal data and their free movement, repealing Directive 95/46/EC.
- Client: any individual aged at least 16 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 concerning the use of the service.
- Parties: collectively refers to SendAnonymousSMS and the Client.
- Product(s): all SMS services made available through the website sendanonymoustexts.ie.
- SendAnonymousSMS: brand operated by the company SendTextsAnonymously, whose headquarters is located in Lille.
1. Information about the Operator (SendAnonymousSMS)
- Company Name: SendAnonymousSMS, registered in Lille.
- Email: For any inquiries, contact us at [email protected].
2. Scope 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 terms from the Client is expressly excluded.
By accessing the services, using them, downloading, or publishing content through them, the Client acknowledges that they have read, understood, and accepted these General Terms and Conditions.
3. Offer and Conclusion of the Contract
Unless otherwise 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 once the Client clicks on a confirmation button such as "Send" or "Continue" on one of the platform's sites.
4. Payment Terms
All displayed prices are quoted in euros and include Value Added Tax (VAT), as well as any other applicable tax, unless expressly stated otherwise. Unless otherwise provided in the contract or offer issued by SendAnonymousSMS, 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 may in no circumstances offset any claims they hold against SendAnonymousSMS with any claim from SendAnonymousSMS against them, unless explicitly agreed in advance by SendAnonymousSMS.
In the event of late payment by a consumer Client, and after a formal notice that has gone 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 at a rate equivalent to three times the legal interest rate in effect. Additionally, 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 costs incurred for the recovery of the claim.
If the Client acts in a professional capacity, non-judicial recovery fees will be owed by right from the first day of delay, amounting to 15% of the principal sum 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. 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, without limitation, offensive, racist, discriminatory, pornographic, provocative messages, or from conducting unsolicited dispatches for commercial, ideological, or charitable purposes (also known as SPAM). The Client is also prohibited from using 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 the rights of third parties, 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 SendAnonymousSMS. The Client must also refrain from using software or any other means that could disrupt the provision of services to other users.
The Client agrees to use the sender's address legally, ensuring not to use phone numbers that do not belong to them, fictitious names (including trade names, first names, or surnames 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 (as defined in article 4 of the GDPR) via or in connection with 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 stated in this section, the Client retains full responsibility for the input of data in the Product as well as for sending messages and/or communications. SendAnonymousSMS does not carry out 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, indemnities from third parties, and fines imposed by regulatory authorities) arising from their acts or omissions that violate the obligations defined in this article.
In the event that the Client fails to meet any of their obligations mentioned above, they shall immediately pay SendAnonymousSMS a penalty of 5000 EUR per infraction, without the need for prior formal notice or proof of damage. This penalty is due without prejudice to the other remedies available to SendAnonymousSMS, including the possibility of seeking additional compensation.
In the event that the Client does not 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 commits to executing the Contract diligently and appropriately.
The dates, times of availability, and delivery times provided by SendAnonymousSMS are merely estimates and do not constitute any firm commitments. This information should not be regarded as mandatory deadlines, unless expressly stated otherwise.
In the event of a malfunction related to Internet connectivity or a failure of hardware and/or software, SendAnonymousSMS will strive to resolve the issue as quickly as possible, but cannot be held responsible for it. If the failure originates from a third party, SendAnonymousSMS shall not be liable for the duration of the malfunction or its occurrence. In case of a malfunction attributable to the Client, the costs for restoration 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 to the recipient in the same form as sent, nor that they will be received at the expected time.
Consequently, SendAnonymousSMS disclaims any responsibility for incorrect or delayed 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. If any of the Products are used outside of the EEA, the Client assumes all risks associated with that use. Therefore, 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 EUR per event or series of related events. These liability limitations do not apply in cases of intentional wrongdoing or gross negligence by SendAnonymousSMS.
SendAnonymousSMS disclaims any liability for other types of damages, including but not limited to indirect, consequential damages, or related to loss of revenue or profits.
SendAnonymousSMS cannot be held responsible for delays, data loss, failure to meet deadlines due to changes in circumstances, information, or materials provided by 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 wrongdoing or gross negligence.
To be eligible for compensation, the Client must report any performance defects within two months of delivery. If a shortcoming is identified, SendAnonymousSMS may remedy it within a reasonable time frame, without being obligated 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 steps 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 €2,500. This limitation of liability does not apply in cases of intentional fault or gross negligence.
The limitations and exclusions of liability of SendAnonymousSMS provided in the General Conditions also apply to all individuals or entities, employees or subordinates, to whom SendAnonymousSMS engages in the execution of 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 Conditions.
9. Force Majeure
In addition to the provisions set forth, 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 execution of its obligations, or making such execution 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 and prevents SendAnonymousSMS from fulfilling its obligations to the Client, those obligations may be suspended as long as SendAnonymousSMS is unable to execute them. If this situation lasts for ten working 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 damage, even if it benefits from an advantage arising from 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 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 claiming 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 the personal information of that user/client from its systems. If you are a parent or guardian of a child 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 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 communicate 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 obliged to provide such information under a court order. The Client expressly consents to this disclosure of data.
The IP address used by the Client is recorded when using the Product. In cases 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. In the event 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 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 regarded as the 'data controller' according to Regulation (EU) 2016/679 (GDPR). Therefore, the Client must ensure that a legal basis exists for such data processing.
The Client agrees to indemnify SendAnonymousSMS against any claims or demands from third parties, including but not limited to, compensation requests and fines imposed by a regulatory authority, as well as any damages arising from an act or omission by the Client that breaches, or is perceived as breaching, applicable privacy laws, such as the GDPR.
In accordance with the General Terms, the Client is not permitted 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). Consequently, SendAnonymousSMS cannot be considered a data processor in the sense 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 nonetheless considers SendAnonymousSMS to be a data processor, the provisions below will apply between the Parties and only in that 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 European or national data protection legislation, SendAnonymousSMS will immediately inform the Client.
SendAnonymousSMS is permitted to engage third parties for the execution 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 these changes as long as the Contract between the Parties remains in effect.
As far as possible, SendAnonymousSMS will assist the Client, upon request, in fulfilling its obligation to respond to requests for the exercise of 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 agreed hourly rate in the Contract or, failing that, 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 it has access to the personal data necessary for these requests.
Due to the nature of the processing and the information held by SendAnonymousSMS, it commits to providing all 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, 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 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 (hereafter 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 obligated to ensure the confidentiality of personal data, except in cases of legal disclosure requirements 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 in the Contract and the General Conditions, shall apply.
SendAnonymousSMS shall not be responsible 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 shortcomings 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 conduct of the audit. If objections are raised before the audit is conducted, the Parties commit to consult with each other to resolve these disputes, taking into account each party's legitimate interests. SendAnonymousSMS may not refuse to cooperate with the audit for unfounded reasons (e.g., 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 any intellectual property rights belonging to third parties. They are prohibited from removing or modifying 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 associated rights, the Client may not remove or circumvent these measures.
12. Complaints Procedure
SendAnonymousSMS will make every effort to respond to Client 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 addressing the complaint within five working days of receipt and to 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 Dispute Committee via the European ODR platform, accessible at the following site: https://ec.europa.eu/consumers/odr/.
The complaints procedures mentioned in this article do not affect the right of the Parties to bring proceedings 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 does not apply. This General Terms and Conditions document is drafted in all possible languages. In case of 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 course of their professional activity, any dispute arising from the contract concluded with this Client shall be exclusively subject to the competent court of the Client's 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 concluded between SendAnonymousSMS and a Client acting within a professional context will be exclusively subject to the French court.
The Client's rights under the Contract may not 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 stipulations shall not form 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 invalid, void or unenforceable, the Contract shall remain valid. The Parties will endeavor to replace this provision with a new, legally valid one that has as similar objectives and effects as possible to the annulled provision.