Date: November 15, 2020
SMSGEN offers a service which can be used by customers to generate temporary (mobile) phone numbers for (on line) verification purposes. The following Terms and Conditions apply to all Agreements SMSGEN enters into regarding the use of any Service or Product offered.
All capitalized definitions in these Terms and Conditions, both plural and singular, are defined as indicated in this article.
Agreement: the 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: all intellectual property rights and related rights, including, but not limited to, copyright, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights as well as rights to know-how.
Parties: Customer and SMSGEN, jointly (plural) or separately (singular).
Product: the third party temporary (mobile) phone numbers for (on line) verification purposes that are generated through the Service of SMSGEN.
Service: Customer’s on line access through the user-area on the website to generate temporary (mobile) phone numbers for (on line) verification purposes, whether manually obtained or by accessing a API using a 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 credits 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. A 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.
Website: the website sms-gen.com or its subdomains.
|Article 2.||Conclusion and performance of the Agreement|
When the Customer has completed the payment as described in article 4 for Credits in order to use the Service, an Agreement between the Parties is concluded. Customer will provide SMSGEN with the relevant payment and identification information that is required to identify him and verify his identity before any Credits and/or access to the Service can be granted. The Agreement is concluded by payment for Credits after which the customer receives on line access to the Service. The Agreement will remain into force for the time customer has usable Credits.
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.
|Article 3.||The Service|
Upon granting Credits to the Customer, the Customer will be able to request temporal (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 temporal (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.
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 mandatory 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.
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 amount of Credits will be deposited in the Customer’s account.
Each time a phone number is requested, the corresponding amount of Credits will be deducted from the account balance of Customer. Once the SMS is successfully received on the Product the deducted amount 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.
SMSGEN is entitled to increase its prices at any time.
Under no circumstance is Customer allowed to set off its payment obligations under the Agreement with a claim they might have, on whatever grounds, on SMSGEN.
Any payments made by Customer are non-refundable and will not be restituted, even if Credits have not been used by Customer.
|Article 5.||Use and misuse|
Customer will follow all reasonable instructions issued by SMSGEN related to the use of the Product. Customer is solely responsible for all acts commited 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.
It is prohibited to use the Service and Product in a manner that is in violation of these Terms and Conditions or applicable laws and regulations. Additionally, using the Service in a manner that may cause hindrance or loss and/or damage to SMSGEN or any third party is expressly not permitted. Customer is obliged to notify SMSGEN immediately if it suspects abuse of and/or unauthorized access to its accounts.
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.
The Customer is not allowed to use the Service for any paid services or subscriptions.
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:
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.
SMSGEN will use all reasonable endeavors to ensure continuous availability of the Service, but cannot warrant uninterrupted availability of the Service.
Measures taken by SMSGEN under circumstances as described in article 5.8 and in article 7 may result in a temporary interruption in the availability of the Service.
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 a live chat service by a technical support consultant for any questions and advise regarding the use of the Service. SMSGEN shall use reasonable commercial endeavours to assist the Customer via this live chat with its 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.
Except in case of intentional misconduct or deliberate recklessness by SMSGEN’s management or managerial staff, SMSGEN’s liability will be limited to the maximum amount ordered by Customer in the twelve (12) calendar months prior to the moment the cause of 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.
In the event of force majeure, SMSGEN will under no circumstances be liable for compensation. Force majeure includes failures or outages of the internet or the telecommunication infrastructure, unavailability or malfunctioning of the Software, a (D)DOS or comparable attack, power failures, civil unrest, mobilization, war, transport disruptions, strikes, lockouts, business interruptions, stagnation in deliveries, fire and floods.
|Article 12.||Term and termination|
The Agreement will be valid as long as Customer has Credits on his account. The Agreement shall terminate If Customer no longer has usable Credits in its 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 this Agreement 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 vality of articles 9 (confidentiality), 11 (liability) and 4 (pricing).
SMSGEN may amend these Terms and Conditions at any time 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 an announcement in Live chat before the changes or additions become effective.
If Customer does not wish to accept a change or addition as described in article 14.2, 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.
|Article 14.||Miscellaneous provisions|
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.