These terms of service apply to all who want to use the various text message services on this website. By using this website you agree that you have read and accepted our full terms and conditions.

Definitions

General Terms and Conditions: these General Terms and Conditions;

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 (General Data Protection Regulation);

Client: the natural person of at least sixteen (16) years of age or legal person who has accessed the Products, or has entered into an agreement with Anontexter or to whom Anontexter has issued a quotation or has made an offer;

Agreement: the agreement concluded between Anontexter and the Client with regard to the Product;

Parties: Anontexter and the Client;

Product(s): the SMS service(s) made available by Anontexter via the websites www.anontexter.com.

1. Applicability of the General Terms and Conditions

1. The General Terms and Conditions apply to all offers of Anontexter and to all current and future commercial relations, agreements and other legal relationships between the Parties. Applicability of the Client's general terms and conditions is explicitly excluded.

2. By accessing or using the Product, or by downloading or posting any content from or through the Product, the Client acknowledges, agrees and indicates that it has read and understands and agrees to be bound by these General Terms and Conditions.

2. Offer and conclusion of the Agreement

1. Every offer of Anontexter is free of obligation, unless stipulated otherwise in the offer. Obvious (writing) errors and mistakes in the offer do not bind Anontexter.

2. The Agreement will in any case be concluded if the Client has clicked on the button with the text ‘Send’ or ‘Continue’ on one of the Product's websites.

3. Payment terms

1. All prices quoted are inclusive of turnover tax (VAT) and other levies imposed by the government, unless indicated otherwise in the offer.

2. Unless otherwise stipulated in the Agreement or in an offer made by Anontexter, payment must be made immediately after the Agreement has been concluded. Payment may in any case not be made later than five calendar days after the conclusion of the Agreement.

3. The Client waives the right and/or is not entitled to set off a debt to Anontexter against a claim on Anontexter.

4. If a Client is a natural person acting for purposes which are outside his or her trade, business or profession, and this Client has not fulfilled his or her payment obligations within the agreed payment period, he or she will owe Anontexter extrajudicial collection costs after having been informed by Anontexter of the late payment and Anontexter has given the Client a period of 14 days in which to still fulfil his or her payment obligations, after the failure to make payment within the aforementioned 14-day period. The amount of the extrajudicial collection costs due will be determined in accordance with the legislation in force at that time regarding compensation for extrajudicial collection costs. At present, this is governed by the Extrajudicial Collection Costs (Standardisation) Act and the accompanying Extrajudicial Collection Costs Decree. The extrajudicial collection costs are calculated as a percentage of the outstanding principal sum, where the following percentages currently apply: 15% over the first EUR 2500 of the outstanding principal amount, 10% over the next EUR 2500 of the outstanding principal amount, 5% over the next EUR 5000 of the outstanding principal amount, 1% over the next EUR 190000 of the outstanding principal amount and finally 0.5% over the remainder of the outstanding principal amount. On the basis of the aforementioned legislation, the extrajudicial collection costs amount to a minimum of EUR 40 and a maximum of EUR 6775. If the legislation regarding the compensation for extrajudicial collection costs changes, the new legislation will form the legal framework for the chargeability and the calculation of the amount of the extrajudicial collection costs.

5. The previous paragraph does not apply in the event the Client acts in the exercise of a trade, business, craft or professional activity. The extrajudicial collection costs pursuant to this provision will then amount to 15% of the total outstanding principal sum. Notwithstanding the above, the minimum extrajudicial collection costs shall be at least EUR 40. The extrajudicial collection costs are due as soon as the Client, acting in the exercise of a trade, business, craft or professional activity, is in default. This means that no further deadline and/or demand for payment is required for the chargeability of the extrajudicial collection costs.

4. Subscription and Billing Procedures

To subscribe to Anontexter, you must place an order following account registration.

During the order process, ensure you complete the Payment Information section.

The subscription fees for Anontexter are as follows:

Within the first 24 hours post-registration, you are entitled to a trial of Anontexter at a price indicated on the Site ("Trial Period"), for example, USD0.89 or RUB79.99. After this initial period, unless you choose to cancel, your subscription will automatically convert to a monthly plan/weekly plan at the rate specified on the Site, such as USD49.8 or RUB999.00. This subscription will continue to renew monthly/weekly, and your chosen payment method will be automatically charged accordingly.

Your subscription will automatically renew each month unless you disable auto-renewal at least 24 hours prior to the end of your current subscription period. Please note that we reserve the right to charge you for future subscription payments if you fail to disable automatic renewal in the "Billing" section of your account.

Should you fail to disable automatic renewal, charges for the subsequent subscription period will be applied at its commencement. You have the option to cancel your subscription either through your account settings or by seeking help from our support team via email. Please be aware that if you neglect to turn off auto-renewal for the new subscription period, this will not constitute grounds for a refund.

While your subscription is active, you are able to acquire additional services, with the cost and terms varying based on the selected services.

Note that the prices listed above already include all applicable taxes.

All accounts are set up on a prepaid basis. We must receive payment before any billable product or service is provided and/or activated. You are required to keep valid credit/debit cards on file to charge for any recurring monthly/weekly subscription fees and one-time or multi-pay fees. You are responsible for keeping all credit/debit card details and contact information current while using the Anontexter.

Your subscription is NOT based on how much you use (or do not use) the Anontexter, but instead is based on the availability of Anontexter.

After payment execution for a subscription, you will receive a payment notification from us. All your receipts are available by request.

Methods of payment. We will accept any payments via all major debit/credit cards. Payment by any other means, such as check or wire transfer, requires explicit written consent, which shall be given in our sole discretion. To make a payment, you have to specify your Payment Information. Payment is made Through Our Site by credit card (Visa, MasterCard, American Express). The Site is equipped with a secure online payment system enabling the You to encrypt the transmission of his bank data. As part of Our payment process, We use an external supplier, Stripe, PayPal, and do not store any data relating to your details and bank cards. For more information on this subject, We invite You to read our Privacy Notice.

Please note, that Stripe or PayPal processes payments on behalf of the Company.

Refunds and returns. You might have the opportunity to receive a refund in case you are not satisfied with the Anontexter for any reason But this does not mean that refunds may be offered in all cases. Your eligibility for a refund may depend on how much time has passed since the transaction, etc. You may be eligible to receive a refund within 14 calendar days from the payment day. But if you successfully used Anontexter within Trial period and you didn’t turn off an automatic renewal, you were charged for full price and continued to use Anontexter, you are deprived the right for refund.

If you paid with a credit or debit card, the refund will be sent to your issuing bank within 7-10 business days after receiving your return or cancellation request. If you have any questions, please contact your issuing bank to find out when the credit will be applied to your account.If you have not received your refund, please double-check your account statement. It may take 7-10 business days for the bank to process the refund. If you have any questions, please contact our customer service team.

Significant Local Currency Inflation or Exchange Rate Changes. In the event of significant inflation of the user's local currency and/or substantial changes in the exchange rate of the user's local currency against the US Dollar, the Company reserves the right to unilaterally modify the cost of its services. We will not notify users of changes to the subscription fee for Anontexter Services via email, as based on our practice, users often disregard such notifications or there is a risk of these notifications ending up in the Spam folder. Therefore, users will be informed about the change in the subscription fee for Anontexter Services through a special pop-up message in the user's personal account. If a user disagrees with the change in the subscription fee for Anontexter Services, the user should cancel the subscription in their personal account or by sending an email to the Company at support@anontexter.com.

5. Rights, obligations and responsibilities of the Client

1. The Client warrants that it is sixteen (16) years or older at the time of accessing or using the Product. When using the Product, the Client will act in accordance with what may be expected of a careful and responsible Internet and SMS user.

2. The Client shall not use the Product to send messages and/or communications that are unlawful in nature towards Anontexter and/or third parties. The Client shall not use the Product to send, among others (but not limited to), messages and/or communications of an offensive, racist, discriminatory, pornographic and/or inflammatory nature and/or to send messages and/or communications, which are qualified as unsolicited communications for commercial, idealistic or charitable purposes (also known as SPAM) and/or for whatever purpose or reason that could be qualified as unlawful and/or criminal.

3. The Client guarantees that the input of data and the sending of messages and/or communications via the Product will not in any way infringe the rights (including intellectual property rights) of third parties.

4. The Client shall not execute its own or external processes and/or programs on the systems and/or Products of Anontexter.

5. The Client shall avoid the use of software or other means that prevent the provision of the services and Products by Anontexter to other users.

6. The Client guarantees the lawful use of the sender's address by avoiding and ensuring the avoidance the use of telephone numbers not belonging to the Client, unlawful names (including trade names or first names and/or surnames not belonging to the Client), and unlawful terms or signs.

7. The Client is not permitted to enter, send and/or otherwise store personal data (as referred to in Article 4 of the GDPR) via, in and/or with the Product and/or the systems of Anontexter. The only exception in this context are the Client's own personal data which are necessary in order to be able to comply with the guarantee as included in the previous paragraph.

8. Notwithstanding the obligations set out in this article, the Client ultimately determines which data will be entered with the aid of the Product and which messages and/or communications will ultimately be sent. Anontexter does not check the data entered using the Product and the messages and/or communications to be sent. Therefore, the Client remains responsible and legally fully liable for the data entered and messages and/or communications sent by the Client. The Client indemnifies Anontexter against all demands and other claims by third parties (including, but not limited to, claims for compensation by third parties and fines imposed by a supervisory authority) and all ensuing damage resulting from an act or omission by the Client that is contrary to or deemed by a third party to be contrary to an obligation on the part of the Client as set out in this article.

9. If the Client breaches an obligation as referred to in this article, the Client shall forfeit to Anontexter, without prior notice of default or legal proceedings, an immediately payable penalty of EUR 5000 for each breach, without there necessarily being any form of damage and without prejudice to the other rights of Anontexter, including the right to claim damages in addition to this penalty.

10. If the Client fails to fulfil its obligations under the Agreement, Anontexter shall also be entitled to block the IP address, bank account number, credit card number and/or email address used by the Client for the use of the Product.

6. Rights, obligations and responsibilities of Anontexter

1. Anontexter will make every effort to execute the Agreement carefully and properly.

2. All scheduled dates, provision times and delivery times referred to by Anontexter are target dates and do not bind Anontexter in any way. These scheduled dates, provision times and delivery times can therefore not be regarded as strict deadlines, unless this is explicitly stated.

3. In the event of a malfunction caused by the connection to the Internet or due to the failure of hardware and/or software, Anontexter shall, without being liable, rectify the malfunction as soon as possible. To the extent Anontexter depends on third parties for this rectification, Anontexter cannot be held liable for the duration of the malfunction or for the malfunction itself. In the event that the malfunction is caused by the Client, the costs of recovery shall be borne by the Client.

4. Anontexter may temporarily take its systems out of service for maintenance purposes, without this leading to any liability on the part of Anontexter.

5. Anontexter does not guarantee that a message and/or communication sent with the aid of the Product will be transmitted in the identical form to the intended recipient or will be received by the intended recipient at the agreed time. Anontexter is not liable for any incorrect or late receipt of a message and/or communication.

7. Liability

1. In the event of an attributable failure to comply with the Agreement on the part of Anontexter, Anontexter is only liable for direct damage up to a maximum of the amount charged to the Client in the twelve months prior to the occurrence of the liability, with a maximum of EUR 2500 per event or series of related events. The limitations and exclusions of liability on the part of Anontexter referred to in this paragraph cease to apply in the event and to the extent that the damage is due to wilful misconduct or gross negligence committed by Anontexter.

2. All liability of Anontexter for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of turnover or profit. Under no circumstances will Anontexter be liable for damage caused by delays, damage due to loss of data, damage due to exceeding of deadlines as a result of changed circumstances, information or materials by the Client and damage due to information or advice given by Anontexter the content of which does not explicitly form part of the Agreement. The limitations and exclusions of liability on the part of Anontexter referred to in this paragraph cease to apply in the event and to the extent that the damage is due to wilful misconduct or gross negligence committed by Anontexter.

3. The condition for any right to compensation is always that the Client objects within two months after the delivery, stating that there is a defect in the performance of Anontexter. If a failure to perform has been proven, Anontexter will then have the opportunity to rectify the failure within a reasonable period of time, without being liable for damages.

4. Any claim of the Client on Anontexter will lapse after twelve months after the claim has arisen and the Client has not taken any action regarding the claim.

5. In the event of a wrongful act by Anontexter or an employee or subordinate for which Anontexter is held liable, the liability of Anontexter shall be limited to a maximum amount of EUR 2500. The limitations and exclusions of liability on the part of Anontexter referred to in this paragraph cease to apply in the event and to the extent that the damage is due to wilful misconduct or gross negligence committed by Anontexter.

6. The limitations and exclusions of liability on the part of Anontexter contained in the General Terms and Conditions also apply in favour of all (legal) persons, employees and/or subordinates used by Anontexter in the performance of the Agreement.

7. The limitations and exclusions of liability on the part of Anontexter described in this article are without prejudice to the other limitations and exclusions of liability on the part of Anontexter included in these General Terms and Conditions.

8. Force majeure

1. A failure on the part of Anontexter to fulfil any obligation to the Client between the parties also qualifies as force majeure in the event of a circumstance beyond the control of Anontexter, as a result of which fulfilment of the obligations to the Client is prevented in whole or in part, or as a result of which the fulfilment of the obligations of Anontexter cannot reasonably be required. Such circumstances shall in any case include non-performance by suppliers or other third parties, power failures, computer viruses, strikes and work stoppages.

2. If a situation as referred to in the previous paragraph arises as a result of which Anontexter is unable to fulfil its obligations towards the Client, such obligations may be suspended for as long as Anontexter is unable to fulfil its obligations. If the situation referred to in the previous sentence has continued for ten working days, Anontexter and the Client will be entitled to dissolve the Agreement in whole or in part in writing. In this case, Anontexter shall not be liable to pay compensation for any damage, even if Anontexter has any advantage as a result of the situation of force majeure.

9. Privacy

1. The Products of Anontexter are not directed or intended for children under sixteen (16) years of age. Anontexter does not knowingly solicit, collect or maintain information from those Anontexter actually knows are under sixteen (16), and no part of the Products is targeted to attract anyone under sixteen (16). Anontexter also does not send any form of correspondence to anyone who states that they are under the age of sixteen (16). If Anontexter later obtains actual knowledge that the user/Client is under sixteen (16) years of age, Anontexter will take steps to remove that user’s/Client's Personal Information from its systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to Anontexter, please contact Anontexter by mail so that such information may be deleted from our system.

2. To the extent necessary, the Client expressly authorises Anontexter to process the Client's personal data and to make them available to third parties for the purpose of performing the Agreement.

3. Anontexter reserves the right to provide personal data or other information at the request of investigative authorities if it is found that the Product has been used by the Client in a manner contrary to the law or in cases in which Anontexter is obliged to provide certain data pursuant to a court judgment. Anontexter reserves the right to provide personal data or other information to other third parties where Anontexter is obliged to provide certain data pursuant to a court judgment. The Client explicitly consents to this.

4. The IP address used by the Client is stored when the Product is used. If payment has been made via PayPal, the Client's name, email address and address will also be stored in that context. If payment has been made by credit card, the credit card details used by the Client will also be stored in that context. The data referred to in this article will be stored by Anontexter for a period of 18 months. The Client explicitly consents to this.

5. If the Client enters or otherwise processes personal data when using the Product, the Client will be regarded as the 'data controller' as referred to in Regulation (EU) 2016/679 (GDPR). The Client must therefore guarantee that there is a legal basis for the processing of personal data.

6. The Client indemnifies Anontexter against all demands and other claims by third parties (including, but not limited to, claims for compensation by third parties and fines imposed by a supervisory authority) and all ensuing damage resulting from an act or omission by the Client that is contrary to or deemed by a third party to be contrary to applicable privacy regulations, such as the GDPR.

7. In accordance with the General Terms and Conditions, the Client is not permitted to enter, send and/or otherwise store personal data (as referred to in Article 4 of the GDPR) via, in and/or with the Product and/or the systems of Anontexter (unless otherwise stipulated in the General Terms and Conditions). This means that Anontexter cannot be regarded as a data processor within the meaning of Article 4 of the GDPR. Should the Client fail to comply with the relevant obligation, Anontexter is still of the opinion on legal grounds that it cannot be regarded as a data processor within the meaning of Article 4 of the GDPR. In the event that the GDPR should still consider Anontexter a data processor of the Client, then (and only in that case) the provisions set out below in this article will apply between the Parties.

8. This article constitutes a data processing agreement as referred to in Article 28 of the GDPR.

9. The Client guarantees that there is a legal basis for the processing of personal data as referred to in Article 6(1) of the GDPR.

10. Anontexter processes the personal data on behalf of the Client and in accordance with the Client's written instructions. If, in the opinion of Anontexter, such an instruction constitutes an infringement of the GDPR or of other provisions of EU or national law relating to data protection, Anontexter shall immediately inform the Client thereof.

11. Anontexter is entitled to involve a third party in the performance of the Agreement. Anontexter uses other data processors for the performance of the Agreement. These data processors include a web hosting company. In the event of intended changes with regard to the addition or replacement of other data processors, the Client will be given the opportunity to object to these changes if the Agreement between the Parties is still in force.

12. To the extent possible, Anontexter will assist the Client at the latter's first request in fulfilling the latter's obligation to respond to requests for the exercise of the rights of the data subject, as set out in Chapter III of the GDPR. Anontexter is entitled to charge the Client for the work associated with the assistance at an hourly rate agreed in the Agreement, or, failing that, at a reasonable hourly rate.

13. The Client will comply independently with the requests for the exercise of the rights of the data subjects as set out in Chapter III of the GDPR, if the Client (also) has access to the Personal Data that are relevant to the requests.

14. Taking into account the nature of the processing and the information available to Anontexter, Anontexter will assist the Client, at the latter's first request, in enforcing compliance with the obligations arising from Articles 32 to 36 of the GDPR. Anontexter is entitled to charge the Client for the work associated with the assistance at an hourly rate agreed in the Agreement, or, failing that, at a reasonable hourly rate.

15. Anontexter shall take all appropriate technical and organisational measures, as referred to in Article 32 of the GDPR, to ensure a level of security appropriate to the risk.

16. If it has become apparent to Anontexter that there is an infringement on the part of Anontexter in connection with personal data as referred to in Article 33 and/or Article 34 of the GDPR (hereinafter referred to as: “Data Breach”), Anontexter will inform the Client thereof as quickly as possible. In this case, Anontexter undertakes, also at the Client's first request, to provide all possible assistance, to ensure the Client can inform the supervisory authority and, if necessary, the data subject or subjects in a timely manner.

17. Anontexter and those working under the authority of Anontexter are obliged to maintain the confidentiality of personal data, unless a statutory provision obliges Anontexter to disclose this information or the task of Anontexter results in the need to disclose this information.

18. With regard to any liability on the part of Anontexter, only the provisions of this article and the provisions as already agreed between the Parties in the Agreement and the General Terms and Conditions are applicable.

19. Anontexter is not liable for any fine imposed on the Client by the competent supervisory authority, except in the case of intent or wilful recklessness on the part of Anontexter.

20. Any shortcomings of third parties involved in the performance of this Processor Agreement are not attributable to Anontexter.

21. The Client is permitted to verify compliance with the obligations for Anontexter pursuant to this Processing Agreement by means of an audit. The Client shall notify Anontexter at the earliest opportunity of its intention to carry out an audit or to have an audit carried out. The Client must indicate which (legal) person will carry out the audit in question, in what manner and within what period of time. Anontexter will be given a reasonable period of time to object to the performance of the proposed audit. If, prior to the performance of the audit, Anontexter expresses any objections to this, the Parties shall consult with each other as soon as possible on the objections raised by Anontexter, with the aim of resolving these objections. During this consultation, the Parties shall take each other’s legitimate interests into account. Anontexter may not refuse cooperation with the audit on unreasonable grounds (e.g. by expressing unreasonable objections to the Client). All costs associated with the audit of Anontexter shall be borne by the Client.

22. Upon request, Anontexter will make the information demonstrating Anontexter’ compliance with the obligations set out in Article 28 of the GDPR available to the Client.

10. Intellectual Property

1. The Client warrants that with the use of any Product, it will not infringe upon any intellectual property right of third parties. The Client is not permitted to remove or change any indication regarding intellectual property rights.

2. Anontexter is permitted to take technical measures to protect intellectual property rights. If Anontexter has protected the Product and/or intellectual property rights by means of technical measures, the Client will not be permitted to remove or evade such protection.

11. Complaints procedure

1. Anontexter shall make every effort to handle complaints from the Client to the best of its abilities. The Client can submit a complete and clearly described complaint to Anontexter via the following link: https://www.anontexter.com/contact. If reasonably possible, Anontexter will handle the complaint within five working days after receipt of the complaint, after which the Client will receive a substantive response at the earliest opportunity.

2. If the Client is a natural person acting for purposes which are outside his or her trade, business or profession, he or she also has the opportunity to submit complaints to the Disputes Committee via the European ODR Platform, which can be found on the following website: https://ec.europa.eu/consumers/odr/.

3. The complaints procedures referred to in this article shall be without prejudice to the Parties' rights to apply to the civil courts.