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 our terms and conditions and fully accept them.

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 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 regarding the use of the service.
• Parties: collectively refers to SendAnonymousSms and the Client.
• Product(s): all the SMS services made available via the sendanonymoussms.fr website.
• SendAnonymousSms: a brand operated by the company SendAnonymousSms, with its registered office 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 via the services, the Client acknowledges that they have read, understood, and agreed to these General Terms and Conditions.

3. Offer and Contract Formation

Unless explicitly stated otherwise, all offers from SendAnonymousSMS are non-binding. SendAnonymousSMS shall not be bound by any obvious errors in an offer (including typographical errors). The contract is deemed concluded as soon as the Client clicks a confirmation button such as "Send" or "Continue" on any 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 after the contract is concluded. 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 hold against SendAnonymousSMS against any claim SendAnonymousSMS holds against them, without the prior express agreement of 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 Commercial Code. These penalties will be calculated at a rate equal to three times the current legal interest rate. Furthermore, a fixed compensation of 40 euros for recovery costs will be payable by a professional Client, in accordance with Article D. 441-5 of the Commercial Code, without prejudice to any additional costs incurred for debt recovery.

If the Client is acting in a professional capacity, extrajudicial recovery costs will be automatically due from the first day of late payment, and will amount to 15% of the principal amount owed, with a minimum charge 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 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. Client's Rights, Obligations, and Responsibilities

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 act responsibly and in accordance with the expectations of a prudent user of internet and SMS services.

The Customer agrees not to use the service to send messages or communications of an illegal nature to Anonymous individuals or third parties. In particular, the Customer is prohibited from sending, without limitation, offensive, racist, discriminatory, pornographic, or provocative messages, or from conducting unsolicited mailings for commercial, ideological, or charitable purposes (also known as SPAM). The Customer is also prohibited from any use of the service for illegal or criminal purposes.

The Customer guarantees 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 Customer is strictly forbidden from running their own processes or programs, or external processes, on the systems and products of SendAnonymousSms. The Customer must also refrain from using software or any other means likely to interfere with the provision of services to other users.

The Customer undertakes to use the sender's address lawfully, taking care not to use telephone numbers that do not belong to them, fictitious names (including business names, first names, or surnames that are not the Customer's), as well as illegal terms or symbols.

The Customer 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 Customer retains full responsibility for the data entered into the Product as well as for the sending of messages and/or communications. SendAnonymousSms does not carry out any verification of the information entered or the messages transmitted.

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

The Customer also undertakes 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 the Customer's failure to comply with any of their obligations mentioned above, the Customer shall immediately pay SendAnonymousSms a penalty of EUR 5,000 per infringement, without prior notice being required, nor proof of damage. This penalty is due without prejudice to other remedies available to SendAnonymousSms, including the possibility of claiming additional compensation.

In the event that the Customer 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 Customer to access the Product.

7. Rights, obligations, and responsibilities of SendAnonymousSms

SendAnonymousSms undertakes to execute the Agreement with due diligence and in an appropriate manner.

The availability dates, times, and delivery deadlines communicated 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 however being liable for it. If this failure originates from a third party, SendAnonymousSms cannot be held responsible for the duration of the malfunction or its occurrence. In the event of a malfunction attributable to the Client, the costs of restoration shall 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 sent, nor that they will be received at the scheduled time.

Consequently, SendAnonymousSms disclaims all liability in the event of incorrect or delayed 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 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 EUR 2500 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, consequential damages, or damages related to loss of turnover 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 in performance within two months of 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 shall 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, the liability of SendAnonymousSms shall 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 Conditions shall 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 herein, a failure by SendAnonymousSms to fulfil its obligations to the Client shall also be 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 onerous. 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 working 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 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 of age, 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 post 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.

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 pursuant to 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 account or bank 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 when 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 contravenes, or is perceived to contravene, 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 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 to be a data processor, the provisions below shall apply between the Parties, and only in that 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 the opinion of SendAnonymousSms, such an instruction infringes the GDPR or any other European or national data protection legislation, SendAnonymousSms will immediately inform the Client.

SendAnonymousSMS is authorised to engage third parties for the performance of the Agreement. This includes sub-processors, such as web hosting companies. In the event of any change regarding the addition or replacement of sub-processors, 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 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 related to this assistance, calculated based on an hourly rate agreed upon in the Agreement or, failing that, a reasonable rate.

The Client undertakes 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.

Taking into account 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 take 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, where necessary, to communicate the breach to the data subjects within the specified timeframes.

SendAnonymousSMS, as well as its personnel, are bound to ensure the confidentiality of personal data, except in the case of a legal obligation to disclose or when the task of SendAnonymousSMS requires 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 does not assume liability for fines imposed on the Client by the competent regulatory authority, such as the Dutch Data Protection Authority, unless this results from wilful 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.

SendAnonymousSMS shall have a reasonable period to express any objection to the performance of the audit. If objections are raised before the audit is carried out, the Parties undertake to consult each other 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 shall 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. 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. Complaints Procedure

SendAnonymousSMS will make every effort to respond to the Client's complaints in a timely manner. The Client may submit a detailed complaint by contacting SendAnonymousSMS via the following email: [email protected]. If reasonably feasible, SendAnonymousSMS undertakes to process the complaint within five working days of its receipt and to provide a substantive 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 of submitting 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 are without prejudice to the right of the Parties to bring proceedings 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 drawn up in all possible languages. In the event of any conflict, 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 submitted exclusively 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 this case, any dispute related to the contract concluded between SendAnonymousSMS and a Client acting in a professional capacity shall be submitted exclusively to the French courts.

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

If the Customer is a natural person 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 a natural person 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 shall endeavour to replace this provision with a new, legally valid provision that has, as far as possible, the same purpose and effect as the voided provision.