GENERAL TERMS AND CONDITIONS OF USE OF Number4SMS
Before accessing the Services offered by Number4SMS, the User is invited to read carefully these general terms and conditions of use. They define the terms of provision of the Services and the conditions of use of the Application.
The author is the company Number4SMS, a simplified joint stock company, registered in Estonia and Registered under number 14763523 and having its registered office at Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe, 74626, Estonia, (“Number4SMS”) . Number4SMS has developed a Web Application called Number4SMSF offering SMS services.
Operator Subscription: refers to the contract for mobile telephony and mobile broadband Internet services signed by the User with a third-party operator prior to the use of the Services and independently of Number4SMS.
Web Application: means any web application (including the software called Number4SMS), developed and operated by Number4SMS, accessible with an Internet connection and allowing the User to benefit from the Services.
User Account: refers to the personal account created by the User in order to use the web Application.
User Content: means the content published by the User via the web Application.
Number4SMS Credits: refers to credits to purchase ServicesNumber(s): refers to the mobile phone number(s) of the national numbering plan assigned to the User by Number4SMS and allowing the identification of the User via the web Application.
Personal Data Protection Policy: refers to the personal data protection policy defined by Number4SMS and available at [https://www.number4SMS.com/privacy-policy/](https://www.onoff.app/privacy-policy/) .
Website: refers to the site accessible at www.number4sms.com , operated by Number4SMS.
3. Access to and use of the web Application and Services
Subscription to the Services may be made, as the case may be, directly with Number4SMS or with a third party, such as an application distribution platform.
Access to and use of the Services require access to the Internet network.
The operation of the web Application and the Services requires the prior subscription by the User – at his own expense – of an Operator Subscription including (ii) high-speed Internet access.
The subscription and maintenance in force of the Operator Subscription, essential for the use of the web Application, are the sole responsibility of the User. The User must be equipped with a terminal allowing the use of the web Application (Smartphone, PDA, desktop, tablet or equivalent) and having a recent version operating system and regularly updated. The User is solely responsible for the proper functioning of his terminals.
The User acknowledges that the effective use of the web Application depends on the availability of high-speed Internet services of the Operator Subscription he has subscribed to. In addition, usage limits and geographic restrictions specific to the web Application may vary. Thus, the User is advised to regularly consult the Website in order to know in more detail the restrictions of use and the recent changes made to the web Application.
The User will be able to access his User Account with the username and password that he will have defined when creating the UserAccount. His password is personal and confidential and must not be shared with any third party in order to prevent any unauthorized use of the User Account. The User is solely responsible for the confidentiality of his password.
Number4SMS reserves the right to suspend, refuse or cancel the subscription to the Contract or to suspend the performance of the Contract if one of the following conditions is not respected (i) the settlement at maturity of all debts contracted by the User with Number4SMSunder another contract, (ii) the provision of all the supporting documents requested byNumber4SMS, (iii) the agreement given by the bank payment centers concerned and (iv) the exact statements of the User. In this case, the subscription request will be automatically refused or cancelled and the User notified by email.
During the contract, Number4SMS reserves the right to carry out and/or have carried out any additional investigation, in particular on the elements transmitted by the User and, in case of reasonable doubt about the user of the Service or the documents that have been transmitted in support of the subscription, to refuse or cancel any subscription to the Contract. In this case, the subscription request will be automatically refused or cancelled and the User notified by email.
4. Description of the Services
Once the registration steps have been completed, the User may obtain from Number4SMS one or more Numbers and subscribe to one or more SMS receiving packages and benefit from the associated features. Depending on the regulations applicable to subscribed Numbers, Numer4SMS may be required to request additional information to that collected during the creation of the User Account relating to the identity or location of the User.
The assignment of a Number gives access to all linked Services. The Numbers make it possible to receive, where appropriate, SMS and/or MMS t from any application subject to the limitations set out in the following paragraph concerning calls to certain classes of numbers and to the purchase
The Services are in no way a substitute for the primary mobile telephony service provided by the operator with whom the User has subscribed to his Operator Subscription. The User acknowledges and accepts that the Numbers do not allow calls to be made to all numbers. Consequently, calls that cannot be made from the web Application (i.e. in particular but not exhaustively calls to special numbers and emergency numbers) must be made directly from the number associated with the User’s Operator Subscription.
5. Restrictions on use of the web Application
The User must make normal use of the Application and the associated Services and acknowledges that Number4SMS may put in place measures to prevent any obvious misuse of the purpose of the Services.
Number4SMS will evaluate the normal use of the Services in comparison with the uses of other Users. Consumption will be considered abnormal, in that it will be considered to constitute a diversion of the purpose of the Services, if it deviates substantially from the average consumption of Users.
The User is further informed that the following uses, without this list being considered exhaustive, are considered abnormal:
- the use of the web Application and / or the Services for the realization of a marketing campaign for commercial purposes, spamming, the provision of automated services,
- the resale or attempted resale of the Services to third parties,
- the use of Numbers from a given country without being able to justify a stable link involving a frequent and significant presence in that country.
If Number4SMS detects an abnormal use of the Services, it will notify the User of the abnormal nature of the use of the Services. Number4SMS may then immediately suspend the Services temporarily or permanently, without its liability being incurred under this suspension.
The User must use the web Application in compliance with applicable law and regulations
The User must in no case make unauthorized use of the Application or Services, that is to say contrary to the above. The User is further informed that the following uses, without this list being considered exhaustive, are considered unauthorized:
- harm or attempt to harm the web Application, and in particular:
- use a method designed to distort, alter, modify, disassemble, erase the web Application, protocols and communications, such as, but not limited to, viruses, Trojan horses, a worm, logic bombs, etc.;
- alter or attempt to alter the web Application, its functionality or availability;
- circumvent, disable or disrupt functions related to the security of the web Application and its integrity (or that of any electronic equipment whatsoever), or functions that prevent or limit the use of the content of the Software;
- use an automated system in order to access the web Application.
- upload and/or share inappropriate content (illegal, offensive to human dignity, sexual, defamatory, abusive, racist or any other content that may engage the civil or criminal liability of the person who publishes it);
- engage in activities that infringe on the privacy of others, including by impersonating another person;
- modify, intercept or monitor any communication not intended for it;
- harvest information from the web Application that would allow personal identification including account names;
- use the web Application for phishing, identity theft or misdirection;
- use the web Application to embarrass, threaten, harass or invade the privacy of a third party, or expose a third party to offensive, indecent or dangerous content;
- Infringe the intellectual property rights of Number4SMS, another User, or a third party, and in particular:
- use in any way whatsoever any content subject to proprietary rights not belonging to the User, unless the User holds a license or the express permission of the owner of the rights;
- resell or market the web Application, while it is intended for the User’s personal use.
It is also recalled that this “secondary” number may be provided by an operator different from the one that provides mobile access to the User.
Finally, it is recalled that a Number can only be assigned to a User habitually or temporarily residing, or justifying stable links involving a frequent and significant presence, in the territory corresponding to this Number.
IfNumber4SMS detects an unauthorized use of the Application or Services, it will notify the User. Number4SMS may then immediately suspend the Services temporarily or permanently and/or terminate the contract with the User, without its liability being incurred for such suspension or termination.
6. Update and maintenance
Number4SMS may at any time update the web Application.
These updates may be intended to maintain software compatibility, offer new features or versions of the web Application, provide security updates or bug fixes, etc. Number4SMS reserves the right to check the versions of the Application and download configuration changes and updates to the web Application. Number4SMS does not guarantee that the updated Application is always compatible with older versions of the Application. Number4SMS also does not guarantee to continue to support a version of the operating system or device for which the User has a License.
The User acknowledges that he has to constantly use an up-to-date version of the Application.
Number4SMS may modify the web Application at any time and for this purpose to carry out maintenance or upgrade operations of the web Application or the underlying infrastructure allowing the use of the web Application. Number4SMSmay in this context temporarily suspend or limit the use of all or part of the webApplication or services. Except in cases of emergency, temporary interruptions will, as far as possible, be notified on the Website before they occur. Number4SMS will in no case be liable for damages to the User in the event of suspension or limitation of the use of the web Application due to the conduct of maintenance operations.
By being assigned a Number, the User accepts the following:
- the User has no ownership right over the Number(s), nor does it have any right to the permanent storage or maintenance of the Number(s);
- the User must comply at all times with the applicable numbering rules and the special requirements for the assignment of Numbers as well as with any instructions that Number4SMS may send him with regard to the Number(s);
- the User has a revocable right to use the Number, excluding in particular its assignment, subletting, transfer, portability or more generally any act of disposition or security.
Number4SMS reserves the right to modify the conditions of access to the Numbers and provision of the Services, in particular in the event of a change in the applicable legal and regulatory provisions or to take into account any administrative or judicial decision that would be applicable to the terms of provision of the Numbers and associated Services.
The User acknowledges and accepts that the reception SMS/MMS may require the use of an Internet accessSMS/MMS received from the web Application are counted and/or invoiced, as the case may be, as part of the User’s Subscription.
The use of the web Application and consequently access to the Services require access to the Internet network. The conditions of access to the Internet network are defined by the User’s access provider as part of the Operator Subscription.
8. Quality of Service
Number4SMS applies the security measures necessary for the prevention of incidents and implements the means allowing it to react to an incident to limit the unavailability of the Services and the impact on users’ data.
Number4SMS undertakes to achieve, in the covered area, the following levels of service:
- availability of the Services within a maximum period of six (6) hours from the creation of the User Account and the assignment of the Services to the User,
- a monthly availability of the Services at least equal to 90%, the availability of the Service being understood to mean the material possibility of transmitting or receiving a communication,
- a reinstatement of the Services within a maximum period of forty-eight (48) hours from the notification of the interruption of the Services to the customer support service (the “Support”) of Number4SMS accessible through the Website. Interruption of the Service means the material impossibility of transmitting or receiving a communication.
The service levels apply when the following conditions are cumulatively met: (i) the User is located in an area usually covered by the Service and its Operator Subscription and (ii) has a terminal compatible with the Application, lit and in perfect working order.
In the event that Number4SMS does not reach one of the aforementioned levels of service, the User will have a period of one (1) month to send a request for compensation specifying the User, the incident concerned and its duration to the Support. Number4SMS undertakes to process requests for compensation (i) within five (5) working days of their receipt with regard to the compliance of the User’s request with the conditions detailed in this article and (ii) within one month of their receipt for their full examination. If the request is justified, Number4SMS will award the affected User compensation equivalent to one (1) month of subscription to the affected Service.
However, such claims for compensation shall not be admissible in the following cases:
- in the absence of a request for compensation made by the User within one (1) month of non-compliance with the aforementioned levels of services,
- in the event of fault on the part of the User concerned or misuse by the User and/or his correspondents of the Service,
- in case of incorrect configuration of the web Application,
- in case of non-compliant use of the web Application,
- in the event of the transmission of radio signals affected by the constraints or limits of the technical standards imposed on the operator with whom the Operator Subscription is subscribed or on the operator(s) partner(s) of Number4SMS by the competent regulatory authorities or regulatory groups,
- in the event of a maintenance operation by Number4SMS or the operator(s) partner(s) of Number4SMS,
- in the event of a disturbance or interruption not directly attributable to Number4SMS
- in the event of disruption and/or total or partial unavailability, and/or interruption of all or part of the services offered on the networks of the operator with whom the Operator Subscription is subscribed,
- in case of force majeure.
9. Hosting of communications content
Number4SMS undertakes to ensure the security, confidentiality and integrity of communications received from the web Application in accordance with the applicable legal and regulatory obligations.
Nevertheless, the contents stored, used, and received by the User through the web Application are under his sole responsibility. It is the User’s responsibility to ensure that he does not violate the legal and regulatory provisions in force, in particular relating to the intellectual property rights attached to certain content.
The User is solely responsible for the use he makes or intends to make of the functionalities of the web Application and the User Content. Number4SMS does not ensure the control or promotion of User Content. Number4SMS assumes no responsibility for any such User Content. In addition, the User acknowledges and accepts that Number4SMS does not exercise any a priori control over the User Content and that it is not bound by a general obligation to monitor such content. Similarly, although it has access to User content, Number4SMS has no control over the sites and external sources to which hypertext links accessible via the Application redirect.Number4SMS is authorized to communicate any User content at the request of any administrative or judicial authority.
Any User has the possibility to notify Number4SMS of any User Content that is illegal or infringes the User’s rights in order to request its withdrawal. The User will, in this case, be solely responsible for the complaint he has filed with Number4SMS The User acknowledges and agrees that any complaint lodged by him may be used in the context of any legal proceedings. The User also acknowledges and agrees that any inaccurate, false or misleading information may engage his civil and criminal liability.
Any complaint or notification falsely accusing User Content of infringing the rights of the notifying User or the rights of third parties, by having knowledge of the inaccuracy of this statement, makes the notifying User liable to prosecution. The notifying User could thus be ordered to pay damages, costs and/or legal costs incurred by the latter, as well as by any right holder who has suffered damage as a result of the trust placed by Number4SM in this inaccurate declaration. The notifying User, in this case, may also, if necessary, be the subject of criminal proceedings.
The User declares and guarantees:
- it must only publish or upload User Content if it has the necessary consents, authorizations and licenses.
- it must only use, publish or include any personal element to a third party within the User Content if it has the express permission, consent or permission of that person to that effect.
By publishing or downloading User Content, the User agrees and agrees to grant Number4SMS a non-exclusive, irrevocable, royalty-free, sublicensable and transferable worldwide license to all rights of use, modification, representation, translation, exploitation, edition, inclusion, recording, adaptation, reproduction and others. This license is granted for the maximum period of protection by intellectual property rights of the User Content published or downloaded by the User.
The User guarantees Number4SM against any claim brought by third parties or other users on the grounds that the User Content would constitute a violation of the intellectual or industrial property rights claimed by third parties or other Users, Number4SMS cannot be sought or worried about it.
10. Intellectual property
The web Application contains proprietary and confidential information protected by intellectual property laws and treaties. Number4SMS retains the exclusive ownership of the Application and the User is prohibited, directly, indirectly or through third parties, from infringing, endangering or limiting, by any measure whatsoever, the intellectual property rights that Number4SMS has on the web Application. Similarly, any reproduction, representation, adaptation, modification, translation, transformation, dissemination, integration, in other material, commercial exploitation or not and / or reuse in any way whatsoever of all or part of the elements composing the web Application is strictly prohibited. Number4SMS, the trademarks and associated logos are trademarks owned by Number4SMS
The User shall refrain from:
- license, sell, assign, rent, export, import, distribute or transfer or grant rights to any third party in the web Application;
- in any way, modify, copy, decompile, reverse engineer, disassemble all or part of the elements composing the web Application, or attempt to derive the source code, or create derivative works from all or part of the web Application or its updates, except where otherwise provided by applicable law;
- directly or indirectly, create a derivative work, search for the source code or protocols of the Software of the Application (except to the extent permitted by law);
- remove, hide or modify trademark or other proprietary notices included in the web Application.
Any action set out above will be considered a violation of the rights of Number4SMS. Any non-compliant use of the web Application may lead to legal proceedings.
This section will govern any update provided by Number4SMS that replaces and/or adds to the web Application, unless it is accompanied by a separate license.
11. Personal data
The collection and use of the User’s personal data is defined in the Personal Data Protection Policy.
Due to the purpose of the Service and the associated confidentiality, registration in the universal directory will not be carried out byNumber4SMS. However, the User may request his registration in the universal directory by express request addressed to Number4SMS at the following address: [email protected]
. In this case, the User will communicate, under his responsibility, his contact details (telephone number and surname, first name or initials subject to homonymy, company name, postal address complete or not, e-mail address, profession or activity) so that they appear free of charge in the lists of Number4SMS intended for publishers of directories and information services.
12. Financial conditions
To the extent that the web Application and the Services use the Operator Subscription, the User acknowledges and accepts that this use may give rise to billing of the User by his operator as part of his Operator Subscription. In particular, the use of the web Application through the mobile broadband Internet access of the Operator Subscription will be deducted and / or invoiced, as the case may be, as the case may be, as part of the Operator Subscription. SMS/MMS received from the web Application may be counted and/or invoiced, as the case may be, as part of the User’s Operator Subscription. In case of use of the Services outside the territory where the User is established, additional roaming charges may be charged by the operator with whom the User has subscribed to his Operator Subscription.
For the sake of clarity and transparency with the User, Number4SMS expressly indicates that even incoming calls (i.e. received) from the Application may, in certain cases, be invoiced as outgoing calls (i.e. issued) as part of its Operator Subscription by the operator with whom it has subscribed to its Operator Subscription and at the rate in force provided by the said operator. This system makes it possible to guarantee the User the absolute confidentiality of his calls made and received from the web Application.
All rates applicable to the Services and, in particular, those applicable to Numbers, and Number4SMS Credits, are mentioned, regularly updated and available via the interface of the web Application. The Services provided by Number4SMS are invoiced to the User in accordance with the price in force on the day of subscription of the Service concerned.
The subscription to each Number is subject to the payment of a fixed price that varies according to the subscription period selected by the User from among the predetermined durations offered to him. The Numbers are divided into several categories, each with its own price list appearing in the Application interface.
13. Terms of payment – Terms of Refund
The subscription to each Number is invoiced in advance for the entire subscription period chosen by the User.
The invoicing and payment of the Services are made, as the case may be, by and with the third party with whom the subscription was subscribed and / or directly by and with Number4SMS.
When the payment is made to a third party, it is made according to the contractual conditions binding the User to this third party.
When the payment is made directly to Number4SMS, it is made according to one of the payment methods offered by Number4SMS.
In case of dispute of the invoiced sums, the User must send his request for reimbursement to the company with which he made the payment, that is to say, as the case may be, the third party or Number4SMS. The request for reimbursement must be made, as the case may be, in accordance with the terms defined by the conditions of sale of the third party or, when it is addressed directly to Number4SMS under the following conditions.
When the payment for the Services has been made in the hands of Number4SMS, the User will have ninety (90) days following the invoice date to contest the sums that have been invoiced to him by providing all the necessary justifications. After this period, the User will no longer be able to request any refund.
15. Effective date, duration and termination
The Agreement takes effect on the date of account creation by the User and will remain in force until the cumulative fulfillment of the following two conditions: (i) termination by one of the Parties of all the Services provided to the User and (ii) deletion by the User of the web Application.
The User acknowledges, however, that the license, in connection with the User Content, is granted for the maximum period of protection of the intellectual property rights of the User Content, and will therefore continue after the end of the Agreement for any reason whatsoever.
The User may maintain his subscription to the Number manually by connecting to the web Application before the expiry of the current subscription period. This maintenance of the subscription gives rise to the extension of the Contract according to the Conditions of Use and the rates in force on the date of the manual renewal of the subscription.
The User has a period of 48 hours, from the conclusion of the Contract, to exercise his right of withdrawal, without having to justify his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25 of the French Consumer Code. The User who wishes to exercise his right of withdrawal informs Number4SMS of his decision to withdraw by sending, to the address [email protected]
and before the expiry of the aforementioned period, the withdrawal form appearing in annex to the Conditions of Use, or any other statement, unambiguous, expressing his will to withdraw. If the subscription of the Services has been made via a third party, the User must exercise his right of withdrawal with this third party.
If the User wishes the execution of the Contract to begin before the end of the aforementioned withdrawal period, he must make the express request to Number4SMS. The User acknowledges and accepts that he has been informed of this right and that the use of the Services during the duration of the withdrawal period is equivalent to an express request to execute the Contract before the end of the withdrawal period.
In case of withdrawal, Number4SMS will refund all payments received, without undue delay and, in any case, no later than fourteen days from the day on which it was informed of the decision to withdraw. The refund will be made using the same means of payment as that used for the initial transaction, at no cost to the User.
In the event that the User exercises his right of withdrawal while the execution of the Contract has begun at his express request, before the end of the aforementioned withdrawal period, he will pay Number4SMS the amount corresponding to the Services provided until the communication of his decision to withdraw. This amount will be proportionate to the total price agreed in the Contract. In addition, Number4SMS may invoice any uses made during the withdrawal period.
If the User does not expressly request that the execution of the Contract begin before the end of the aforementioned withdrawal period, he acknowledges and accepts that the web Application is unavailable for the entire duration of the withdrawal period (fourteen (14) days).
Each Party may also terminate the Contract for fault of the other Party eight (8) days after the sending of a formal notice that has remained in vain, this resulting solely from the breach of the offending party. It is agreed that the following cases may result in the automatic termination of the Contract by Number4SMS:
- if the information entered by the User in his User Account is inaccurate;
- if Number4SMS suspects an illegal or fraudulent use of the Application or contrary to the rights of third parties;
- if Number4SMS suspects that the User is trying to take unfair advantage of any of Number4SMS’s policies, whatever they may be, or to misuse them.
Number4SMSM may terminate its relationship with the User, at any time subject to compliance with a minimum notice period of one (1) week before the end of the commitment period.
If Number4SMS decides to no longer offer a particular Service, it may terminate the Said Service without penalty, subject to compliance with a minimum notice of one month.
Any termination of Number4SMSwill be notified to the User by e-mail.
The User understands and agrees not to use a Number under the conditions defined in the General Conditions of Use entails the automatic termination of the Number as well as data relating to the use of the Number .
On the effective date of termination of the Contract, it will have the following consequences:
- All licenses and rights to use the web Application will terminate;
- The User must stop using the web Application;
- Number4SMS may block access to the User Account and/ or the web Application;
- Number4SMS may delete the data associated with the User Account.
Termination of a particular Service will have the same consequences as those set forth above, which will be limited to the terminated Service only.
The User who wishes to transfer the use of the Number to another mobile operator must request the portability of his Number from his new operator. Number portability is possible, subject to technical eligibility. The User’s attention is drawn to the fact that an outgoing request for portability is equivalent to a request for termination of the Number and entails, at the end of the corresponding procedure, the automatic termination of the Services associated with that Number, without prejudice to the possible duration of the User’s firm commitment under the Services. Number4SMS remains in any case foreign to the contractual relations between the User and the new operator. Number4SMS cannot be held liable for fault, non-performance, failures or malfunctions attributable to the User or the new operator and which would have the effect of delaying, disrupting or preventing this porting. In these cases, Number4SMS cannot be held liable because of the interruption of service related to the porting of the Number to the new operator.
When subscribing to the Services with Number4SMS, the User may request the takeover by Number4SMS of its current mobile number. Inbound portability of a mobile number is possible, subject to technical eligibility. The mobile number in question must be associated with an active telephone line until the number is transferred. When subscribing to the Services, the User must transmit the number to be kept to Number4SMS, the desired porting date as well as all the data required by the former operator and associated with said number. The User mandates Number4SMS in order to carry out all the acts necessary for the implementation of his request for portability and in particular to terminate in his name and on his behalf the contract he holds with his former operator relating to this number. This termination will take effect with the effective transfer of the User’s number to Number4SMS.
In this context, Number4SMS informs the User of the eligibility conditions, as well as the consequences of his request: the request for number portability is equivalent to a request for termination of the User’s contract with its previous operator, without prejudice to the contractual stipulations relating to the durations of engagement. The User remains bound by the obligations that bind him to his previous operator, in particular any payment that may remain. The effective porting of the number entails the termination of the contract that binds the User with his previous operator. Portability does not entail the transfer of services from which the User benefited under the contract previously signed with its previous operator. As such, the User’s attention is drawn to the fact that the Services require the existence of an Operator Subscription in force. The User is therefore clearly informed that if his request for portability leads to the termination of the Operator Subscription, he will not be able to use the Services.
Number4SMS may refuse to comply with a request for portability in the following cases:
- incapacity of the applicant;
- Portability request that is incomplete or contains incorrect information;
- non-compliance with the management rules of the national numbering plan: the request for preservation must respect the correspondence between the number that is the subject of the application and the geographical location of the applicant;
- mobile number, subject of the portability request, inactive on the day of porting;
- mobile number, subject of the portability request, already the subject of a portability request not yet executed.
Without prejudice to the possibility of terminating the Contract, Number4SMS may suspend the Services or access to the web Application of one of the Users on simple written information of the User concerned in the following cases:
- if the information provided for the User in his User Account is inaccurate, incomplete or if the User’s mobile number provided by the operator with whom the Operator Subscription was subscribed is no longer valid;
- if the conditions of territoriality required for the assignment of the Number to the User are no longer met
- if Number4SMS suspects illegal or fraudulent or abnormal use of the Application or contrary to the rights of third parties;
- if Number4SMS suspects that the User is trying to take unfair advantage of Number4SMS’s refund policy or any other policies, or to misuse them;
- if Number4SMS suspects that the User Account is the subject of fraudulent use by a third party.
Number4SMS is also likely to interrupt the use of the web Application under certain conditions including, but not limited to, the impossibility of providing the Service, problems of external origin that make the implementation of the Service difficult or imprudent, technological progress, the need to modify the web Application or the Services.
19. Warranty and Liability
Number4SMS undertakes to provide all the necessary competence and care for the provision of the Services and to implement all the necessary provisions in order to ensure the Services permanently and continuously. As such, Number4SMS has only an obligation of means.
With regard to the relevant and applicable legal provisions, the web Application is provided “as is” and will be used at the User’s own risk, without any guarantee. In this sense, the User is solely responsible for the preservation, security and integrity of data, hardware and software, as well as the confidentiality of his passwords and User Account identifiers and others in the context of the use of the Services.
Number4SMS assumes no responsibility to any third party or to the User regarding the contents, the latter being solely responsible for the User Content submitted, created, displayed or published through the Application.
Number4SMS makes its best efforts to ensure the confidentiality of the information and content published through the web Application.
Number4SMS does not guarantee that the web Application will always be available, accessible, uninterrupted, reliable, and error-free. In addition, no warranty is offered regarding internet connections or transmissions.
Subject to the foregoing and in accordance with applicable law, Number4SMS shall not be liable to the User, whether or not Number4SMS has been informed of the possibility of such damages or losses, for:
- indirect damage and in particular any damage, loss, or corruption of data;
- damage resulting from the acts of third parties or cases of force majeure;
- any claim, damage or loss arising out of or related to:
- the User’s inability to use all or part of the web Application or its functionality;
- the User’s inability to make the necessary arrangements to contact the emergency services;
- the User’s inability to provide accurate information about the physical location to an emergency department;
- the conduct of third-party emergency service agents and call centers with which the User is connected.
The Services are in no way a substitute for the primary mobile telephony service provided by the operator with whom an Operator Subscription has been subscribed. Consequently, calls cannot be made from the Application and must be made directly from the User’s telephone. Number4SMS reserves the right to allow Users to make calls to additional number classes after the launch of the Services.
In addition to the foregoing, Number4SMS cannot be held liable to the User, whether or not Number4SMS has been informed of the possibility of such damages or losses, for:
- any indirect damage, and in particular, any loss of income, contracts, real or expected profits, luck, brand image or reputation, customers or turnover;
- any damage or corruption of data;
- any claim, damage or loss arising out of or related to:
- the User’s inability to use all or part of the web Application or its functionality;
- the User’s inability to make the necessary arrangements to contact the emergency services
- the User’s inability to provide accurate information about the physical location to an emergency department;
- the conduct of third-party emergency service agents and call centers with which the User is connected.
- any damage in excess of an amount, all counts of damages combined, corresponding to the total amount paid by the User for the Services during the twelve (12) month period immediately preceding the date of occurrence of the event at the origin of the request in question.
To the extent that the User demonstrates that he has suffered direct damage, the liability of Number4SMS will be expressly limited to one hundred percent (100%) of the sums actually received by Number4SMS under the Contract during the last six (6) months preceding the occurrence of the said damage.
Actions for liability against Number4SMS are time-barred by two years from the date of the event giving rise to the damage.
20. Force majeure
Number4SMS cannot be held liable in the event that the non-performance results from a case of force majeure.
Are considered as cases of force majeure, as long as they are not the work of Number4SMS and that they are beyond its control, exceptional bad weather, natural disasters, fires and floods, lightning, electronic power surges, attacks, internal or external strikes, internal or external failures or failures such as failures related to the telephone network, the networks of Number4SMS’s service providers, and all those emanating from the mobile phone operator with which the User has subscribed his Operator Subscription, and in general any irresistible and unforeseeable event that does not allow the proper functioning of the web Application.
21. Dispute resolution – applicable law
Number4SMS provides Users with a support service accessible by e-mail to the following e-mail address: [email protected]
. Any complaint must be made by sending an e-mail to the following e-mail address: [email protected]
. Number4SMS undertakes to provide a response to any dispute or request for reimbursement within thirty(30) working days from the date of receipt thereof. In the event of non-compliance with this deadline, Number4SMS undertakes, upon request for compensation justifying the non-respect of this commitment to the following address: [email protected]
, to award the affected User compensation equivalent to the Service concerned.
In the event of a dispute arising in particular from the interpretation or execution of the Contract, the parties will endeavor to find an amicable solution. Any User established in France is informed that he can refer the matter free of charge to the Mediator of electronic communications on his website: www.mediateur-telecom.fr of any dispute with Number4SMS.
In any case, the User may refer the matter to any competent court in the event of a dispute arising from the interpretation or execution of the Contract.
TEMPLATE WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the Agreement.
Email : [email protected]
I/we (1) hereby notify you (1) (*) of the contract for the subscription of services below: (2)
Ordered on: (2)
Name of consumer(s): (2)
E-mail address of the consumer(s): (2)
Onoff phone numbers: (2)
Signature of the consumer(s) (only in case of notification of this form on paper):
Date : (2)
(1) Strike out what does not apply.
(2) To be completed by the user.