All capitalized definitions in these Terms and Conditions, both plural and singular, are defined as indicated in this article.

Agreement: The legally binding agreement between SMSGEN and Customer under which SMSGEN provides access to the Service, and of which these Terms and Conditions form an integral part.

Customer: A natural person or legal entity that concludes an Agreement with SMSGEN in order to use the Service.

Intellectual Property Rights: (a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and serve marks, copyrights, database rights, know-how, rights in designs, and inventions; (b) rights under licenses, consents, orders, statutes or otherwise in relation to a right in paragraph (a); (c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and (d) the right to sue for past infringements of any of the foregoing rights.

Parties: Customer and SMSGEN, jointly (plural) or separately (singular).

Product: One or more third party temporary (mobile) phone numbers for (online) verification purposes that are generated through the Service provided by SMSGEN.

Service: Customer’s online access through the user-area on the Website to generate temporary (mobile) phone numbers for (online) verification purposes, whether manually obtained or by accessing an API using an API key, whereby SMSGEN provides such service by reselling the products and services of other companies.

Credit(s): A positive balance bought and created by a Customer, which allows the Customer to use the Service after which use the applicable number of Credit(s) is/are debited.

API key: An application programming interface (API) is a collection of definitions that allow a computer program to communicate with another program or component. An API key can be provided to a Customer in order to make use of the Service.

Terms and Conditions: These general terms and conditions, which form an integral part of each Agreement between the Parties.

Website: The website sms-gen.com or any of its subdomains.

When the Customer has completed the payment as described in Article 4 of these Terms and Conditions for Credits in order to use the Service, an Agreement between the Parties shall be concluded. Customer will provide SMSGEN with the relevant payment and identification information that is required to identify the Customer and verify Customer’s identity before any Credits and/or access to the Service can be granted. The Agreement is concluded by payment for Credits after which Customer receives online access to the Service. The Agreement will remain in full force and effect for the duration that Customer maintains a user account with SMSGEN.

After the Customer has purchased the Credits and the Agreement is concluded, SMSGEN adds the Credits the Customer has purchased to it user area of on the Website, thereby granting the Customer online access to the Service.

Upon granting Credits to the Customer, the Customer will be able to request temporary (mobile) phone numbers. Customers will be provided with a personal API key that links to their Credits or Customer will be granted online access through the user-area on the Website.

The request for a temporary (mobile) phone number is a request to a third party independent of SMSGEN. It is possible that additional terms and conditions of that third party are applicable to the Service. The role of SMSGEN is limited to that of a reseller through which third party services are ordered. It is the Customer’s responsibility to read, understand, and accept any applicable third-party terms and conditions if required.

All Intellectual Property Rights to the Service or Product as well as all related information remain the property of SMSGEN (or its licensors). None of these items may be copied or used without the prior written permission of SMSGEN, except and to the extent permitted by applicable law.

All Intellectual Property Rights that have arisen or will arise in connection to the Product are vested in SMSGEN. Insofar as they are not already vested in SMSGEN, the rights are hereby transferred by Customer to SMSGEN, which transfer will be immediately accepted by SMSGEN after the arising of the rights. Any Intellectual Property Rights not capable of being transferred, whether now existing or in the future arising, to the extent vested in Customer, are hereby irrevocably assigned to SMSGEN.

The prices of the Products and use of the Service are stated on the Website or returned by the API. After payment is made by Customer, the corresponding number of Credits will be deposited in the Customer’s account.

Each time a Product is requested, the corresponding number of Credits will be deducted from the account balance of Customer. Once the SMS is successfully received on the Product the deducted number of Credits will be non-refundable. In the event that a Customer does not receive an SMS on the Product the deducted Credits will be automatically refunded to the Customer.

All prices are inclusive of VAT and other government taxes and duties, unless explicitly stated otherwise.

SMSGEN is entitled to increase its prices at any time, at its sole and absolute discretion.

Under no circumstance is Customer allowed to set off its payment obligations under the Agreement with a claim they might have, on whatever grounds, against SMSGEN.

Any payments made by Customer are non-refundable and will not be refunded, even if Credits have not been used by Customer.

The Service may only be used by the Customer for its intended purpose. Any other use of the Service and/or one or more Product(s) shall be in violation of these Terms and Conditions.

SMSGEN hereby grants the Customer a limited, non-exclusive, non-sublicensable, non-assignable license to access and use the Service, in accordance with these Terms and Conditions (the “License” ).

Customer will follow all reasonable instructions issued by SMSGEN related to the use of the Product and/or the Service. Customer is solely responsible for all acts committed with a Product or any other use of the Service. SMSGEN is not responsible for any acts, including but not limited to the loss of the Product, prohibition of the use of the Product by third parties it has been generated from, hacking of the Product, or any other material loss related through the use of the Service.

When using the Service, the Customer shall not:

• a. Use the Service in such a way as to offend or interfere with the use by any other Customer or third party;

• b. Use the Service for any paid services or subscriptions.

• c. Use the Service for any illegal purpose, or in violation of any local, national, or international law;

• d. Upload, submit, publish, transmit or otherwise communicate any content on the Service that: (i) is defamatory, libellous, or inaccurate; (ii) is abusive or threatening towards others; (iii) is offensive, hateful, obscene, or pornographic; (iv) infringes the intellectual property rights of any third party; (v) violates the law or regulation of your jurisdiction, or these Terms and Conditions; (vi) advocates illegal activity; (vii) advertises or otherwise solicits funds; or (viii) is treated as confidential.

• e. Upload or submit content that contains viruses, or any other computer code, corrupt files, or programs designed to interrupt, destroy, or limit the functionality, or to disrupt any software, hardware, or other equipment; or

• f. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof.

SMSGEN has the right to limit the Customer’s activity on the Service without prior notice and without owing any refund or liability, following a breach of these Terms and Conditions.

Customer is obliged to use the API Key made available by SMSGEN in a careful manner and to keep both the API Key and its login information of the user-area on the Website secure and strictly confidential.

Customer warrants and represents that any submission or uploading of (personal) data to SMSGEN is lawful and that the processing of such data in accordance with the Agreement and does not contravene any applicable privacy laws and regulations (See Article 10 for details on privacy).

The Product may be used by the Customer to register accounts on third-party sites, services or applications subject to the terms of use of the site, service or application for which the account was registered and as long as this does not contradict the laws of any applicable countries. The Customer is strictly prohibited to use the Service for any attempts to violate the laws of any country. In the event that SMSGEN finds any suspicious attempts or actions in violation of such laws, SMSGEN will report such behaviour to relevant authorities.

If SMSGEN determines in its own discretion that Customer has violated these Terms and Conditions or applicable laws and regulations, or receives a complaint in this regard, SMSGEN may take measures to end the violation. These measures may include the suspension or termination of access to the Service, retrieval of the Product and / or withdrawing Credits.

If, in SMSGEN's opinion, the operation of the computer systems or network of SMSGEN or third parties and/or provision of services via the internet is obstructed, impaired or otherwise at risk, in particular as a result of the transmission of excessive amounts of data, leaked personal data or virus activity, Trojan horses and similar software, SMSGEN is authorized to take any and all measures it deems reasonably necessary to avert or prevent such risk. These measures include, but are not limited to, suspension of the Agreement and termination of the Agreement.

SMSGEN is authorized at all times to report any criminal acts that are discovered and will cooperate with duly authorized orders and commands. In addition, SMSGEN is authorized to disclose the name, address, IP address and other data identifying Customer to a third party who has complained that Customer has violated its rights or these Terms and Conditions, provided that:

• a. it is sufficiently plausible that the information, on its own, is unlawful and harmful with regard to the third party;

• b. the third party has a genuine interest in obtaining the data;

• c. it is plausible that, in the specific case, there is no less far-reaching measure to obtain the data; or

• d. examining the interests involved entails that the third party’s interest should prevail.

SMSGEN shall take all reasonable steps to offer the Customer the best possible user experience. However, the Customer acknowledges that complex software is never wholly free from defects, errors, and bugs; and SMSGEN gives no warranty or guarantee that the Service will run uninterrupted or will be wholly free from defects, errors, and bugs.

From time to time, SMSGEN may perform maintenance or make changes to the Service in the form of updates or upgrades. Such updates or upgrades may result in a change in the functionality of Service. Suggestions by Customer are welcome, but SMSGEN determines which changes will be made.

Updates or upgrades to the Service are performed at times to be determined by SMSGEN. Customer will not be able to use an older version of the Service once an update or upgrade has been performed. Nor will Customer have any right or claim to an update or upgrade that was announced by SMSGEN but was not performed.

Customer is solely responsible the usage of the Product and the Service in compliance with this Agreement.

SMSGEN solely offers customer support for any questions and advise regarding the use of the Service. SMSGEN shall use reasonable commercial endeavours to assist the Customer via email or any other communication method as may become available in the future with their queries regarding the Service.

Parties will refrain from disclosing or using for any other purpose than within the scope of this Agreement, any trade secrets and other information of the other Party that has been designated as confidential or the confidential nature of which is known or can reasonably be deemed to be known by the other Party.

Parties accept the duty to observe strict secrecy towards third parties with respect to all that has been arranged for in this Agreement. In addition, Parties accept the duty to observe strict secrecy with respect to all information regarding the activities and organization of the other Party, except in as far as such information was already part of the public domain without any involvement of the other Party.

SMSGEN will not disclose confidential Information to any third party except upon express written authorization by Customer and except any portion of confidential Information which is required to be disclosed by law, court order, or government regulation.

The personal data to be processed by SMSGEN in the performance of the Agreement will be subject to privacy legislation. SMSGEN will take into account the requirements of those laws when processing the personal data. Information on how SMSGEN handles the personal data of Customers can be found in the privacy statement on https://sms-gen.com/privacy.

Agreements on processing and security are laid down in a separate data processing agreement which forms an integral part of these Terms and Conditions.

SMSGEN is not liable for possible damage caused by the use of the Service under these Terms and Conditions, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of SMSGEN, provided that it has been demonstrated by the Customer. In any event where SMSGEN is held liable, the liability shall be limited to the maximum amount spent by Customer on the Service in the twelve (12) calendar months prior to the moment the damage occurred.

A limitation of liability included in the Agreement does not apply if Customer has concluded the Agreement in the capacity of a consumer, unless and insofar as the limitation is not unreasonably onerous in view of the content of the Agreement and the Parties' mutually recognisable interests.

To the maximum extent permitted by law, SMSGEN shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) Customer’s use or inability to use our Service and/or Product or (b) any conduct of any party other than SMSGEN itself.

In the event of force majeure, SMSGEN will under no circumstances bear liability. Force majeure includes failures or outages of the internet or the telecommunication infrastructure, unavailability or malfunctioning of the Service, a (D)DOS or comparable attack, power failures, civil unrest, mobilization, war, transport disruptions, strikes, lockouts, business interruptions, stagnation in deliveries, fires, floods, and public health crises.

SMSGEN may recover from Customer any loss and/or damage sustained as a result of violations of these Terms and Conditions. Customer indemnifies and holds harmless SMSGEN against any and all third-party claims pertaining to loss and/or damage arising from a violation of these Terms and Conditions. If Customer acts in the capacity of consumer, the aforementioned indemnity does not apply, but consumer is fully liable in those cases in which this ensues from applicable legislation and regulations.

The Customer is solely responsible for any and all acts committed by way of or through using the Service. This includes, but is not limited to, any actions, decisions, or outcomes resulting from the use of the Service. SMSGEN shall not be liable in any way whatsoever for any acts or omissions by the Customer or any third party related to the use of the Service. This includes, without limitation, the following:

• a. Loss of Phone Number: Any loss or inability to access a phone number generated by the Service.

• b. Third-Party Prohibition: Any prohibition or restriction imposed by third parties on the use of phone number generated by the Service.

• c. Security Breaches: Any hacking, unauthorized access, or security breaches affecting the phone number.

• d. Material Losses: Any material loss or damage, including financial losses, data loss, or other consequential damages arising through the use of the Service.

• e. Misuse: Any violation by the Customer of any third-party rights, including intellectual property rights, privacy rights, or other proprietary rights.

• f. Third-Party Rights: Any violation by the Customer of any third-party rights, including intellectual property rights, privacy rights, or other proprietary rights.

The Agreement will be valid as long as Customer maintains a user account with SMSGEN. The user account shall be deleted if Customer no longer has usable Credits in the Customer’s account for a period of 6 months. A Customer has usable Credits as long as their balance is higher than the lowest price SMSGEN charges for the Product at the moment of termination as described on the Website. The Agreement also terminates when the Customer does not use the Service for one year in which case all remaining Credits will be null and void.

Termination of the Agreement will in no case affect the amounts owed or payable to SMSGEN under the Agreement. Furthermore, termination of the Agreement will in no case result in restitution of the amounts paid to SMSGEN under the Agreement.

Without prejudice to any other rights and remedies hereunder, SMSGEN will be entitled to terminate the Agreement if Customer commits a breach of any of its obligations under these Terms and Conditions and such breach is irremediable or – if such breach is remediable – Customer fails to remedy that breach within a period of thirty (30) days after being notified in writing to do so. SMSGEN may suspend or give notice to terminate the Agreement in writing with immediate effect, without notice of default being required, in the event Customer is declared bankrupt, Customer applies for or is granted suspension of payments, Customer’s activities are ceased, or its business is wound up.

Termination of the Agreement will not affect the validity of Article 9 (Confidentiality) and Article 11 (Liability).

SMSGEN may amend these Terms and Conditions at any time, without notice to Customer being required, if the changes are not significant or are required by applicable mandatory law.

SMSGEN will announce any significant changes or additions to the Terms and Conditions to the Customer via a written announcement before the changes or additions become effective.

If Customer does not wish to accept a change or addition as described in Article 13.2, Customer may terminate the Agreement with a notice period of one month, in which case the changes or additions will not be applicable to the Customer.

Use of the Service after the date on which the changes or additions become effective will be regarded as acceptance of the amended or supplemented Terms and Conditions.

This Agreement is governed exclusively by Dutch law.

Any dispute between the Parties in connection with, or rising from the Agreement will be submitted to the competent court in the Netherlands in the district where SMSGEN has its registered office.

Where the Agreement refers to “written” or “in writing”, this also includes e-mail communication provided the identity of the sender and the integrity of the content can be adequately established.

The version of any communication of information as recorded by SMSGEN will be deemed to be authentic, unless Customer supplies proof to the contrary.

Any general terms and conditions of Customer will not form part of the Agreement.

If any provision of the Agreement is found to be contrary to applicable law, or is otherwise unenforceable, this provision will be amended to the extent that it is in accordance with applicable law, with due observance of the intended meaning of the relevant provision.

Customer will not be authorized to transfer this Agreement or any of its rights and obligations arising therefrom to a third party without the express consent of SMSGEN. SMSGEN will be authorized to transfer this Agreement and all its rights and obligations arising therefrom to a third party that acquires the business operations to which this Agreement is subject.

Except as supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement together with these Terms and Conditions contains the entire legal understanding between SMSGEN and the Customer and supersedes any and all prior or written understandings or agreements in relation to the Customer’s access to and use of the Service.