General Terms & Conditions of Use and Sale (T&Cs)

Last updated on December 28, 2023.

Article 1. Purpose of the General Terms & Conditions of Use and Sale

The purpose of the General Terms and Conditions of Use and Sale ("T&Cs") is to define the terms and conditions of access to the Platform and the provision of SMSBOX Services by the Service Provider. They are part of the Contractual Documentation binding the Customer to the Service Provider and were brought to the Customer' attention before the creation of an Account, the access to the Platform and the purchase of Services. The applicable version of the T&Cs, and more generally of the Contractual Documentation, is the one in force at the date of its acceptance by the Customer.

The Service Provider may modify all or part of the Contractual Documentation, in particular in order to comply with any new regulation or to improve the use of the Platform and the use of the Services, under the conditions specified below.


Article 2. Definitions

In addition to terms specifically defined in certain sections, capitalized terms have the following meanings:


refers to the programming interface of the Service Provider. The API allows the Customer to (i) integrate the Services into its management tools and/or (ii) resell the Services via white-labelling arrangements. The API is an interface between software, i.e. a set of functions made available through an HTTP Web Service.


refers to the choice of Service(s) made by a Customer after the creation of an SMSBOX Account by proceeding to the corresponding payment using the Credits that were purchased and registered on the Customer’s SMSBOX Account.

Order Form

applies to the rental of number(s) and/or keywords.


means a natural or legal person who orders and purchases Services for their professional needs.

SMSBOX Account

refers to the account created by the Customer at the time of registration after acceptance of the T&Cs and the Privacy Policy. It allows to access the Customer Area, the Services and the Platform.

Coverage (list)

means the list of countries for which the Service Provider may provide the Services.


désigne means the unit purchased by the Customer that is used to order and use the Services.


refers to the person or group of persons who have taken out a telephone subscription with a telephone operator enabling them to receive Messages on their terminal where recipients are identified by their telephone number.


means all the documents intended for the Customer presenting the specific features of each Service with instructions relating to its operation, capacities and use, as made available on the Platform and on the Customer's Customer Area.

Contractual Documentation

means the legal and technical documents binding the Customer to the Service Provider, including these T&Cs, any special and/or specific Terms and Conditions describing the Services, and the attached Privacy Policy.


refers to all information and statistics related to the Customer, a User or a Recipient which are collected or hosted by " SMSBOX " on the occasion of the execution of the Contract and the provision of Services.

Authentication data

means the login or user ID and password chosen by the Customer for the use of the Customer Area, the Platform and its content.


refers to the natural or legal person who sends a Message from a IT resource, such as a PC.

Customer Area

désigne refers to the Customer's dashboard accessible from the Platform, from which terms of use can be set, Services can be ordered and paid for by purchasing Credits, tools and options can be managed, and the activity history can be accessed to.


means any type of message, of any nature and in any form, such as voice Messages, SMS, Instant messaging Messages, sound, video, image, etc., which are sent, exchanged, made available or deposited, according to the features of the Services.

Instant messaging Messages

refers to a message sent or received via a commercially available instant messenger such as Whatsapp or Facebook messenger, without being exhaustive.

Voice Message

refers to a voiced text, voice recording or imported audio file that is transmitted to fixed and mobile phone numbers and delivered upon the recipient answering the phone or after an introductory message.


refers to a mobile phone operator in the geographical territory of a given country.

Platform of Services (or Platform)

refers to the web interface accessible via the internet under the domain name, by API, software or mobile application. It allows the routing of Messages to mobile recipients.

Service Provider (or « SMSBOX »)

means MIL'NR3 SAS (brandname: SMSBOX), a French limited liability company with headquarters at 20 avenue Élie Gautier, 83320 CARQUEIRANNE, France, registered under n°488 024 530.

RCS (Rich Communication System)

refers to a protocol created by Google and the GSMA and implemented by some telephone operators to send and receive messages similar to those in the instant messaging market via a compatible SMS messaging and terminal.


refers to the services made available to the Customer by the Service Provider for a fee, accessible from the Platform. They allow the management and administration by the Customer of the technical conditions allowing the sending of Messages.


refers to the SMS messaging service introduced by the GSM standard and made available by mobile telephone services for the transmission of short text messages. SMS allows messages of up to 160 characters (excluding concatenation) to be transmitted.


means a person authorized by the Customer who uses the SMSBOX' Services and functionalities via the Customer Area.

VMM (VoiceMail Message)

refers to leaving a voice message on a recipient's mobile phone answering machine without ringing it.


Article 3. Services: description, prerequisites, activation, use, changes and developments, suspension and maintenance


Article 3.1. Description of the Services

The Service Provider provides a Platform of hosted communication services accessible via the Internet. As a service provided for in the Cloud, the Platform is used by all Customers who have accepted the Contractual Documentation or who benefit from the Services through a third party marketing the Service(s) via a white-labelling arrangement.

The Service Provider offers a range of Services which, depending on the Service(s) ordered by the Customer, include:

  •  Receiving, sending, exchanging, making available and/or depositing Messages,
  • The rental of dedicated telephone numbers and keywords,
  • Checking the validity and availability of telephone numbers.

The Service Provider also offers a range of online tools such as:

  • The management of the Services ordered by the Customer from the secured Customer Area,
  • SMSBOX mobile application available on Android and iOS,
  • SMSBOX software
  •  The integration of SMS dispatching on an application offering the sending of emails (Mail-to-SMS),
  • -The functionalities of the Service Provider's HTTPS API allowing the creation of applications for sending Messages by the Customer,
  • The deposit and processing of files on the Service Provider's FTP(S) server,
  • Access to the Service Provider's standard protocol for the exchange of SMPP(S) Messages.

The range of Services contains a description of the different functionalities of each Service; it is set out before the Order, and forms part of the Contractual Documentation.

The Services do not include installation or integration services, nor do they include auditing, analysis of the suitability of the Services for the Customer's needs, or determination of the compatibility of the Services with the Customer's software or hardware resources. The installation, integration, configuration or any other service enabling the use of the Services, including the Service Provider's API, shall be at the Customer's expense and performed by the Customer.

The Customer warrants that before accepting the Contractual Documentation it has ensured that the Services are compatible with its environment and that the Services meet its needs.

All the Services, tools and functionalities made available by the Service Provider are accessible only from the Account created by the Client and from the Platform.


Article 3.2. Prerequisites for accessing the Services

Access to the Services implies the creation of an Account, the setting up of the Customer Area by the Customer and the purchase of sufficient Credits.

Access to the Services requires that the Customer has sufficient technical knowledge to use the Services, and access to the necessary human, hardware and software resources, such as e.g.:

  • Computer hardware and communication equipment necessary to use the Services and compatible with the Services,
  • Continuous Internet access suitable for the Services,
  • Third party licenses in force for all software necessary for the implementation and use of the Services,
  • Connection security system suitable for preventing any loss of the Customer's data and any use by an unauthorised third party when setting up and using the Services.


Article 3.3. Terms of subscription and activation of the Account and the Customer Area

The use of the Platform and the Services is reserved for natural or legal persons acting for their professional needs, including for non-profit purposes, whether the Services represent the substance of their activity or are only fostering it. It implies the prior acceptance of the Contractual Documentation, the creation of the Account and the setting up of the Customer Area.

The acceptance by the Service Provider of the Customer's Order of a Service will take the form of an email indicating that the Service is available for use, as well as the granting of 2 free SMS credits on the SMSBOX Account.

It is the Customer's responsibility to set up the Customer Space and to choose the Authentication data, when creating the SMSBOX Account.

The Customer guarantees the truthfulness and accuracy of the information provided on the occasion of the creation of the Account and in the Customer Area. The Customer releases the Service Provider from any liability in this respect and undertakes to keep the Service Provider free from any error or inaccuracy committed on this occasion.

The Customer shall not disclose its Authentication data to any third party and undertakes to keep them confidential and secure. Users who log on to the Platform are deemed to be authorised by the Customer and to be acting at all times under the Customer's authority and control.

The Customer shall notify the Service Provider in writing immediately in the event of suspected or actual loss, theft, misappropriation or unauthorised use of the Authentication data. Until the Service Provider confirms receipt of such notification, any use of the Account, the Customer Area, the Platform and/or the Services shall be deemed to be that of the Customer.

Upon activation of the Account and the Customer Area, the Service Provider grants exceptionally to any new Customer two (2) SMS Credits, which are automatically added to the Customer's Account. These Credits are valid for a maximum of one (1) month from the date of activation of the Customer Space. They can be used regardless of the destination within the limit of the equivalent of sending two (2) SMS to Metropolitan France.

In the case of Credits granted as a result of a promotional operation, the said Credits are valid for a maximum of three (3) months from their registration on the Account.

The Credits so granted are allocated for personal use by the Customer. No other use or transfer may be made of the Credits that were granted.


Article 3.4. Use of the Services and the Platform’s functionalities

The Customer must credit the dedicated SMSBOX Account by purchasing Credits. The prices of the Services are displayed on the Platform, according to the chosen package. The use of the Services is subject to the existence of sufficient Credits.

The Customer who wishes to purchase Credits necessary for the use of the Services, must:

  • Connect remotely to the Platform,
  • Complete the identification process by means of the Authentication data,
  • Select a package according to the Service(s) chosen, as displayed on the Platform,
  • Validate the Service order after having verified that the amount of Credits is sufficient for the chosen Service(s),
  • Make the payment, if necessary by purchasing additional Credits.

The payment triggers the allocation of the Credits. If the payment method is instantaneous, the Credits are allocated immediately. If the method of payment is deferred, the Credits are allocated on collection.

The Client shall be deemed to have definitively validated the transaction for the purchase of Credits if no objection or reservation has been made (a) before the first consumption, even partial, of the Credit(s), or (b) within 72 working hours of the Credit being credited to the Account, even though no consumption, even partial, has yet occurred.

The existence and balance of Credits can be consulted in the Customer Area.

The Service Provider reserves the right to refuse a purchase of Credits or an Order for Service(s) if they are obviously abnormal or unusual, and to request additional information from the Customer. If a purchase of Credits is denied, they will not be delivered; if an Order is refused, the Credits will not be debited from the Account.

The Coverage List of countries where the sending of Messages is technically possible is available at   

The Customer is informed that this list is not exhaustive and does not guarantee reception of the Message in the recipient's country. Each operator on which the sending and receiving of Messages depends does not guarantee 100% coverage of all geographical areas in each country.

The Service Provider cannot be held responsible if the reception of the Message is not successful for a reason not attributable to the Service Provider.


Article 3.5. Changes and developments to the Services

Due to technological advances, changes in the regulatory, legal and/or administrative framework applicable to the Services, and the Provider's technical interdependence with other operators or technical intermediaries, the Services may be subject to changes and/or developments.

The Service Provider shall inform the Customer of such changes and developments prior to their implementation.

The Customer acknowledges that the Service Provider may also be obliged to modify the Services in order to comply with a change in the legal and/or regulatory and/or administrative framework applicable to the Services or to the operation of the Platform, such as for example the replacement of virtual mobile numbers starting with 06 or 07 by multi-purpose numbers starting with 09, or to constraints that may be imposed by an Operator, the AF2M association or any similar body.

Such changes or developments may have an impact on the pricing of the Services and/or require the adaptation of the Contractual Documentation, including the suspension or deactivation of all or part of the Services or features provided by the Service Provider.

In such a case, and without prejudice to a possible Tariff Change, the Service Provider may communicate a draft amendment to the Contractual Documentation and make the continuation of the relationship subject to its acceptance by the Customer, as stated in the "Termination" article.

The Customer may, at any time during the term of the Contract, submit to the Service Provider a request for changes to the Services. Requests for changes may only relate to (i) an increase in the volume of Services compared to the defined volume, (ii) a specific development in order to adapt the relevant Services to the Customer's needs, or (iii) the subscription of a new option. Any request for changes to the Services must be sent in writing to the Service Provider.

The Service Provider may, depending on the specifics of the Customer's request for changes, (i) confirm in writing the acceptance such request without amending the Contract, (ii) submit an amendment to the Contract to the Customer' acceptance and/or a quotation for the implementation, or (iii) propose to the Customer the order of new Services.

If the Service Provider does not expressly accept a request for changes to the Services, or if the Customer does not accept the amendment, the quotation or the proposed new Services, the Service Provider shall not bring any change to the Services.


Article 3.6. Suspension and Maintenance of Services

The Service Provider may be forced to immediately suspend all or part of one or more Services, including access to the Platform, which the Customer expressly accepts, in the following cases:

i. in the event of non-compliant use of the Platform and/or the Services or failure by the Customer to comply with all or part of the Contractual Documentation, the regulations in force or the rules of practice applicable to the Services;

ii. in the event of partial or total non-payment of any sum due for payment, or exhaustion of the Credits;

iii. if the Account is inactive for a period of 12 consecutive months;

iv. in the event of the implementation of unscheduled urgent maintenance of the Service Provider's equipments, software or networks enabling the provision of the Services, of which the Service Provider undertakes to inform the Customer as soon as it becomes aware of the need for such implementation and its foreseeable duration;

v. upon the order, instruction, request, opinion or recommendation of the Government, an emergency service or any competent administrative or judicial authority;

vi. in the event of technical constraints or limitations affecting the Service(s), which are imposed on the Service Provider by a public authority, a supervisory authority, suppliers on which the provision of the Services or the operation of the Platform relies, or interconnected operators;

vii. if the Service Provider loses or is denied any authorisation, licence or approval required, if any, for the provision of all or part of the Service.

In the case of planned maintenance operations, the Service Provider will make reasonable efforts to carry out these operations during non-working hours after 8:00 p.m. French time on weekdays, and on Saturdays, Sundays and French public holidays, and to limit their duration.  The Customer will be notified of such interruptions by email at least seven (7) working days prior to any suspension.

The Service Provider shall not be liable for any suspension of the Service(s) for the aforementioned reasons and such suspension shall not give rise to any compensation.

In the event that the cause of suspension has not disappeared 10 working days after its occurrence, either Party may rely on the "Termination" article.


Article 4. Pricing conditions


Article 4.1. General pricing conditions

In order to use the Services, Customers must first purchase Credits. They may order Services from among those listed and proceed with the payment of an Order according to their specific needs. They may also recharge Credits on their Account, which can be used for all Services without distinction.

Credits are valid for 12 months from the date of purchase. After this date, they will be cancelled without reimbursement, in compensation for the resources committed to maintaining and providing access to the Services until the expiry date.

The Services and options are invoiced according to the pricing conditions in force at the date of order placement, as displayed on the Platform. Depending on the Service(s) chosen, Customers will have to pay for the Service(s) on a flat rate basis or, if applicable, on a monthly commitment basis.

The Service Provider's prices do not take into account the costs related to the equipment and electronic connections and communications that are necessary to use the Services, which remain at the Customers' expense and under their sole responsibility.

The prices displayed are said to be on a sliding scale, i.e. the purchase price of a Credit depends on the quantity of Credits topped up on the Customer's Account. The applicable rates vary depending on the country of destination (Metropolitan France or International).

It is the Customer's responsibility to find out about the applicable tariff conditions according to the country(ies) of destination, and to check that the country(ies) of destination are included in the Coverage List.

The prices displayed on the Platform are in Euros (€), excluding taxes. The Service Provider does not apply any discount for early payment.

The VAT invoiced, as well as any other tax that may be applicable, will be that in force at the time of invoicing, subject to any legislative or regulatory provisions to the contrary.

Subject to a change in the applicable legislation, the Customer who can prove that he is domiciled :

  • Outside mainland France is exempt from VAT
  • In the French DOM/TOM can claim a reduced VAT rate,
  • In mainland France is subject to VAT at the current rate of 20%.

The Service Provider reserves the right to change the prices of the Services at any time, subject to one (1) month's notice for subscriptions.

Depending on the characteristics of the Customer, such as the existence of payment incidents or delays, or the intended use of the Services, the Service Provider may make access to the Services conditional on the provision of a non-interest bearing security deposit or financial guarantee.

The Service Provider shall pass on to the Customer any additional amount relating to the routing or characteristics of the traffic which is remitted to the Service Provider by the Customer and which is invoiced to the Service Provider by third party operators (e.g. overprincing or penalties). In particular, any overpricing or additional fees that may be invoiced to the Service Provider a posteriori, for example for misuse, shall be borne by the Customer.


Article 4.2. Pricing changes

The Services' pricing conditions applied to the Customer are those in force at the time of the Order for which the corresponding Credits are allocated.

The Customer confirms to be aware of the international, competitive and regulated features of the market conditions, which are unforeseeable for the Service Provider, which the Service Provider has no means of opposing, and which may lead to changes in the pricing conditions for the Services.

The Service Provider shall notify the Customer of any changes in subscription costs or possible specific pricing conditions (different from public rates, in particular linked to volumes exceeding the public price scale bands) for the Services, by e-mail to the contact details provided by the Customer in the Customer Area.

Where applicable, the modification of the public price (cost in Credits) of a given destination is visible in real time on the site. In the case of Messages being sent to a single destination via the Customer Area, the routing cost in Credits is calculated and displayed to the Customer before the routing.

By express agreement between the Parties, continued use of the Services by the Customer after the date of entry into force of the new pricing conditions shall constitute acceptance of the new tariffs.


Article 5. Payment and invoicing

The payment of Credits and the first monthly instalment of a subscription is made immediately by credit Card, PayPal, bank transfer or administrative order to pay.

For subscriptions, a direct debit authorisation will be requested, with debits being made in advance for the time period to come. Any costs associated with the rejection of a direct debit will be recharged to the Customer.

Invoices will be issued in PDF format and sent by e-mail.

When not paid immediately, the invoiced amounts are payable within 15 days of the date of issue of the invoice.

If the Customer so wishes, it is possible to have a quotation drawn up prior to choosing a Service, in order to estimate the cost. This quotation, valid for one (1) month from the date of issue, will be sent by e-mail.

In the event of late payment, the sums owed by the Customer shall automatically bear interest, without the need for prior notice, calculated at the most recent refinancing rate of the European Central Bank, plus 10 points. A fixed penalty of forty (40) euros per invoice that remains partially or totally unpaid shall also apply.

In the event of partial or total non-payment of any sum due, the Service Provider may suspend the provision of the Services until full payment of the sums due, without prejudice to its right to terminate the contractual relationship and to claim any damages as compensation for the damage suffered.


Article 6. Support

The Service Provider shall provide the Customer with a documentation presenting the technical content of each Service after subscription with information and instructions on the Service's operation, capabilities and use, available on the Platform (hereinafter "Documentation").

The Service Provider provides a free support service to the Customer from Monday to Friday (excluding French public holidays) from 9:00 am to 12:00 pm and from 2:00 pm to 6:00 pm (French time), in order to answer any questions regarding the use of the Services that the Customer may have by phone at 0 805 03 03 61, by email at or via the contact form in the Customer Area.

The support service also allows the Customer to report to the Service Provider the occurrence of a technical difficulty in relation to the operation of the Services. The Service Provider undertakes to use its reasonable efforts to investigate and diagnose the problem and to determine at least the sphere of the cause of the problem (e.g.the sphere of the Service Provider, the Customer or a Third Party).

The Service Provider will correct the problem as soon as possible if the cause of the problem is within the Service Provider's technical sphere of control and power of intervention.

As a determining condition for the functioning of the assistance service, its purpose and its effectiveness, the Customer is informed that the report must be made in real time, that it must be precise, complete and intelligible, and that its collaboration is essential to any action or step taken by the Service Provider.

The notification process, the clarity and completeness of its content condition the Service Provider's ability to react and respond.


Article 7. Obligations and commitments of the Customer

The Customer commits itself to:

i. provide accurate, complete and truthful information when registering. It is the Customer's responsibility to update their personal information if their situation changes.

ii. to comply with the prerequisites defined in Article 3 throughout the contractual relationship between the Customer and the Service Provider,

iii. to pay for the Services,

iv. to make reasonable use of the Services in accordance with their purpose and the provisions of the Contractual Documentation, and to refrain from any behaviour that may be detrimental to the Service Provider or to third parties, including the Recipients,

v. keep the Authentication data confidential and take all necessary steps to avoid any loss, theft or fraudulent use of its Account, the Platform and/or the Services; ensure that the Senders, Users, its employees and agents comply with these commitments

vi. inform the Service Provider as soon as possible of any loss, fraudulent use or theft of Authentication data;

vii. provide only telephone numbers to the Service Provider that have been genuinely allocated or provided to the Customer, and that comply with the regulations;

viii. not to send unsolicited Messages;

ix. not to use the numbers of the Recipients, and to ensure that they are not used, in an inappropriate or abnormal manner, by the Customer or its own clients, and any third party, by any means whatsoever, directly or indirectly, and to obey the Ethical

Recommendations published by the AF2M Association or any other body replacing it, which the Customer declares to know;

x. to follow any advice and recommendations of the Service Provider relating to the use of the Services, in particular as they may appear in the Contractual Documentation;

xi. comply with all telecommunication laws and regulations such as Bloc Tel or GDPR;

xii. comply with its legal obligations as a data controller and Message publisher;

xiii. constantly monitor the information, data or messages that are transmitted, directly or indirectly, through the Services in order to eliminate, prior to any dissemination, those that are likely to be contrary to the laws, good morals and regulations in force and to keep the Service Provider immediately informed of any anomaly;

xiv. keep itself informed and to obey the decisions, opinions and recommendations of the ARCEP (French regulatory authority), such as in particular Decision No. 2018 0881 of 24 July 2018 concerning the use of CLI (Caller Line Identification) ;

xv. use the Services solely for the needs of its economic activity, even on a non-profit basis, in good faith, loyally and in accordance with the applicable common practices, laws and regulations;

xvi. in the event of resale of the Services under white-labelling arrangements, to guarantee to the Service Provider that they comply with the terms and conditions of the Contract and applicable regulations; the Customer shall indemnify and hold the Service Provider harmless against any damage resulting directly or indirectly from the behaviour of its clients or partners, and more generally from the use made of the Services, and shall compensate the Service Provider accordingly.

The Customer shall refrain from:

i. publishing or disseminating, directly or indirectly through the Services, and by any means whatsoever, content that is contrary to public order, good morals and regulations;

ii. infringing the privacy of others or their moral and/or economic rights;

iii. using the Services for fraudulent or harmful purposes, in particular by sending a large number of unsolicited Messages and other spamming activities, or consisting of artificially or fraudulently generating traffic, whether authorised or not;

iv. using call identifiers prohibited by law or prohibited by the ARCEP or any other equivalent body, or telephone operators, for automated calls such as mobile or special premium rate numbers or prohibited alphanumeric personalised transmitters;

v. using the Services for the purposes of hacking, intrusion into computerised systems or "hacking" as well as any other action that is reprehensible under civil or criminal law and/or likely to cause damage to third parties.

Customers acknowledge that:

  • they are the sole responsible for the content of the Messages they send or deposit through the Services, for which they retain the sole editorial responsibility. The Service Provider shall not be held responsible for the content of the Messages, over which it has no control or supervision.
  • they are the sole responsible for the collection and lawful possession of the Recipients' numbers and for the non-opposition of the latter.
  • they are solely responsible for the settings of the Customer Space, the API and the choice of countries concerned by their use of the Service, which they undertaks to check and update regularly during the term of the Contract in order to ensure that it corresponds to their use and their needs, and to take account of changes in tariffs
  • they shall reimburse the Service Provider for all costs relating to damage caused by non-compliance with the rules set out herein.
  • they are responsible for the management of “STOPS” sent by the Recipients and that they will ensure that no more Messages are sent to numbers from which a “STOP” message has been received, and more generally for the Recipients' complaints.
  • in case of transmission of a commercial Message and when the Message includes a personalised sender (alphanumeric character string) instead of a short sender number, they must add to their Message an unsubscription formula of the type "Stop at XXXXX". If an additional Message has to be sent to satisfy the information requirements, it will be at the Customer's expense.
  • the history of the Messages sent by the Customer will be available for consultation on the Customer Area for a maximum period of 2 calendar months after the date of the Message, provided that the archiving option has been activated; after this period, it will be deleted.


Article 8. Obligations and commitments of the Service Provider

The Service Provider undertakes to provide the Services on a reasonable effort basis and not on a result basis.

The Customer is informed that the efficiency rate of the network and of the Messages sent is not 100%, that the reception of Messages is not guaranteed from abroad, and that the efficiency of the Services as well as the access to the Platform depends in particular on infrastructures and operators over which the Service Provider has no means of control or power of constraint.

As access to the Platform is shared by all Clients, slowdowns may occur.

The Service Provider undertakes to:

i. use reasonable endeavours to provide the Services within the technical limits of:

a. the Platform,

b. the software used to connect to it,

c. the hardware and computer equipment of the Customer and third parties,

d. access to the Internet and third party networks,

ii. exercise all due care and diligence in the provision of the Services,

iii. inform the Customer of any matter which may affect the provision of the Services,

iv. take account of the Customer's instructions concerning the processing of personal data,

v. maintain an adequate level of security for the Data entrusted to it by the Customer or which the Service Provider may collect in the course of performing the Services

The Platform has been subject to security audits to test its reliability and security and that of the Services and tools attached thereto.

Independently of these audits, the Service Provider implements security measures relating to:

  • The protection of the system access by a firewall through its hosting providers,
  • Secure data requests (SSL/TLS),
  • Limiting access to the computer system of the Service Provider's Platform to authorised persons only,
  • Daily backup of data.

The Service Provider implements the following measures for the hosting and backup of data:

  • hosting of platforms and servers in metropolitan France,
  • administration and monitoring of the network 24 hours a day throughout the year, monitoring being understood as significant statistics of traffic typologies, and not consisting of monitoring and control of the Customer's uses,
  • redundancy of infrastructures to ensure continuity of operation.


Article 9. Intellectual property

All intellectual property rights belonging to the Service Provider remain the property of the Service Provider.

Nothing in the Contractual Documentation grants the Customer any right or license to its intellectual and industrial property rights beyond the limits specified below.

The Customer therefore undertakes not to use or reproduce these intellectual and industrial property rights, in whole or in part, without the express prior written consent of the Service Provider.

The entire Platform, its content, each of its components, the Services, their description and their functionalities as well as any other element related to the Platform and/or the Services, and in particular the API and the software developed to access the Account, the Platform and the Services are the exclusive property of the Service Provider who grants the Customer a non-exclusive, non-transferable, non-assignable and revocable license to use the Platform and the Services solely within the scope of the Contract and for the sole purpose of using the Services and the Platform's functionalities, subject to the Customer's compliance with its obligations.

The Customer shall not grant a sub-license to use all or part of the Platform, the Services, the software developed to access the Account, the Platform and the Services.

The license granted by the Service Provider is valid only for the duration of the business relationship with the Customer. This license terminates automatically and immediately upon termination of the Contract.

These conditions apply to any intellectual property rights attached to a specific development made by the Service Provider to adapt the Services to the Customer's needs upon its request.


Article 10. Use of the Customer's names and logos

The Customer authorises the Service Provider to mention the Customer as a customer of the Service Provider and as a professional reference on commercial or marketing presentations and documents, in paper or electronic form or in any other existing or future media, for worldwide distribution and communication.  The Service Provider undertakes to ensure that this communication, for strictly business purposes, is carried out in accordance with customary practice.

To this end, the Customer grants the Service Provider the right to reproduce and represent the Customer's trade name, company name and, if applicable, its trademark, logo and, more generally, any distinctive sign belonging to the Customer, for the duration of the contractual relationship between the Customer and the Service Provider, and for an additional period of two years after its expiry or termination.


Article 11. Personal data protection

The Service Provider undertakes to process the personal data collected from the Customer for the management of the Customer's Account and for the provision of the Services in compliance with its Personal Data Protection Policy (Privacy Policy), which can be consulted on the Platform and is available in the Appendix.

The Service Provider and the Customer undertake to comply with the regulatory and legal framework regarding the protection of personal data, and in particular with European regulations such as 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, known as the General Data Protection Regulation (GDPR), and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, known as the ePrivacy Directive

With respect to the Recipients' Data provided to the Service Provider or collected by the Service Provider during the performance of the Services, the Service Provider acts as a processor of the Customer, who is the data controller. The purpose and basis of the processing are the Services ordered by the Customer and their performance according to the Customer's instructions.

The Service Provider has no control over the data communicated to it by the Customer in the context of the use of the Services or that are stored in its systems at the Customer's initiative. In this respect, the Customer acknowledges that it remains solely responsible for the collection, processing and storage of the said data and the use it makes of them in the context of the Services. The rights of the persons concerned by the processed Data are exercised with the Customer.

The Customer declares and warrants to the Service Provider that it obeys and complies with both national and EU regulations on the protection of personal data, in particular those of the Recipients. In particular, the Customer represents and warrants that it has carried out the necessary declaratory formalities, or obtained the necessary authorisations, with regard to the processing of personal data under the Contract. The Customer must be able to provide proof, upon request from the Service Provider, that all formalities have been duly completed with the relevant authorities.

The Customer acknowledges that it bears all the responsibility for the obligations it may have with respect to the personal data it may have collected (itself or by its processors) in order to use the Services, and which it will store on the Platform and process in the context of the Services. The Customer is the sole judge of the lawfulness of the processing under Article 6 (1) GDPR. The Customer undertakes to hold the Service Provider harmless from any adverse consequences that may result from the processing of the data

If the Service Provider, in its capacity as processor, suspects that an instruction given by the Customer in its capacity as data controller infringes data protection requirements, it shall inform the Customer as soon as possible. The Service Provider is entitled to suspend the execution of the instruction in question until it receives confirmation or a change in the instruction from the Customer. The Service Provider is entitled to refuse the execution of an instruction that is clearly unlawful.

The relationship between the data controller and the processor is without prejudice to the principles of secrecy of correspondence, neutrality and security of communications as set out in Articles L.34-1 and L.33-1 of the French Post and Electronic Communications Code which are binding on the Service Provider.

Because of its capacity as manager of the resources transmitting the Messages, for the purposes of providing the Services, the Service Provider will receive and process Data as a processor, the purpose of which will be the routing of the Messages on the operator networks.

The Service Provider will process Data relating to:

Message data, including:

  • Message contents (text, url,...)
  • Technical characteristics, date and time stamps of communications
  • Telephone numbers
  • Data identifying the origin, location and destination of communications
  • Data relating to the communication terminal equipment used


Address book and group (or mailing list) data made available to users, including:

  • Identification data: a field which may include the surname, first name or name and surname
  • Telephone numbers

The Message data will be kept for one (1) year from the date of registration.

Address book and group (or mailing list) data are under the responsibility of the Customer, who is the data controller, and may be kept for the entire duration of the contractual relationship.

Subject to the foregoing, the provisions set out in the Annex Personal Data Protection Policy (Privacy Policy) shall apply to the Data processed by the Service Provider for the purpose of performing the Services as data controller.


Article 12. Confidentiality

The Service Provider and the Customer undertake to keep strictly confidential, using the same means and procedures as those used for their own confidential information, and not to disclose to a third party by any means whatsoever, any information that the other party may come to know in the context of the business relationship (hereinafter "Confidential Information").

The Customer and the Service Provider agree to:

1) To keep confidential any Confidential Information it receives from the other party, exercising at least the same degree of care as it exercises over its own Confidential Information,

2) Not to disclose the Confidential Information to any third party, other than its employees or agents who need to know it for the purposes of the contractual relationship between the Parties, without the express prior consent of the other party; and

3) to use the Confidential Information received only for the purpose of exercising its rights and fulfilling its obligations under these T&Cs and not to use it in any way for external or internal purposes

The Customer and the Service Provider undertake to ensure that these provisions are complied with by their respective staff and by any employee or third party who may intervene in any capacity whatsoever in the context of this commercial relationship.


Article 13. Limitations of liability

The Customer and the Service Provider declare that they are aware of the characteristics and limits of the communication networks through which the Services are provided. The Customer acknowledges that:

i.   Data transmissions via telecommunication networks are only relatively reliable technically, as they circulate on heterogeneous networks with different characteristics and technical capacities, which are sometimes saturated at certain times of the day,

ii.  The data circulating on these networks are not protected against possible misappropriation, and they may be subject to capture of the information disseminated, and

iii. It is impossible to control the use that could be made by third parties.

Therefore, the Service Provider cannot be held responsible for any of the above-mentioned facts or events.

The Service Provider shall not be liable:

i.    In case of misuse by the Customer of the Services, or in case of loss, theft or fraudulent use of the Authentication Data of which the Service Provider has not been notified in due time;

ii.   In the event of the use of an incorrectly or inadequately configured hardware or software resource;

iii.  In the event of disturbances or interruptions in the supply or operation of the telecommunications resources provided by the operator(s) of the networks to which the Service Provider's facilities or those of the Customer are connected;

iv.  In respect of any data communicated by the Customer to the Service Provider and the use that the Customer makes of such data through the Services subscribed to and used;

v.   In respect of information and documents communicated to the Customer and the interpretation that the Customer may make of such information and documents, since such information and documents are only indicative and have no contractual value;

vi.  In the event of modifications resulting from ARCEP's directions for France, and/or the relevant regulatory authorities for other countries.

The Service Provider's liability shall be limited to direct material damage to the exclusion of any indirect and/or consequential damage and, in particular, any damage related to the Customer's business or mission, any loss of turnover, profit, operating profit, client base, commercial, economic or other loss of income, action by a third party, damage to reputation or image, loss of data suffered by the Customer.

In any event, the Service Provider shall only be liable in case of proven personal fault or breach.

The Parties agree that the recordings of the Service Provider's systems will be considered as valid evidence and will be deemed authentic between them, except in the event of fraud or obvious error that has altered these recordings.

The amount that may be due by the Service Provider as compensation for the damage suffered may not exceed an amount equivalent to 1/12 of the credits used in the last 12 months.

By express agreement between the Parties and as a conventional foreclosure, no legal action by the Customer, whatever it may be, may be initiated or formulated against the Service Provider by the Customer more than one (1) year after the occurrence of the event giving rise to the claim.


Article 14. Force majeure

Neither of the Parties shall be liable for failing to fulfil or for being late in fulfilling an obligation under the Contract, insofar as such failure results from the occurrence of an event of force majeure.

The following are considered to be cases of force majeure, the list being non exhaustive:

i.    A total or partial malfunction resulting from disruptions or interruptions in the supply or operation of the telecommunications facilities provided by the operator(s) of the networks, or servers operated by third party companies, to which the network supporting the Service(s) is connected,

ii.   Labour disputes of the Service Provider's service providers, contractors or suppliers,

iii.  An order from a public authority imposing the total or partial suspension of the provision of the Services under the conditions set by the legislation and regulations in force,

iv.  The cessation of the operation of the public telephone network necessary for the provision of a Service, upon the decision of the Public Authority, and

v.   Fire, flood, natural disaster, intrusion, malicious intent, strike, disruption of the financial and technical balance of the Contract, legal or regulatory obligations or public order obligations imposed by the relevant authorities and which would have the effect of substantially modifying the Contract, or any other event of force majeure or fortuitous event within the meaning of Article 1148 of the French Civil Code.

Provided that it is affected by a case of force majeure, the Party concerned shall notify the other, by registered letter with acknowledgement of receipt, within three (3) calendar days of the occurrence of the event, specifying the date of suspension of its obligations and the case of force majeure that motivated the said suspension.

In the event that the force majeure event continues beyond a period of one (1) calendar month after the aforementioned notification has been sent, either of the Parties shall be entitled to terminate the Contract immediately and automatically, without any legal formalities or compensation, without this entailing any liability on its part.


Article 15. Termination

Termination for convenience. The Customer may terminate the contractual relationship with the Service Provider in its entirety, or only with respect to certain Services, for convenience by sending a registered letter to the Service Provider giving three (3) months' notice of termination.

If one of the Services takes the form of a fixed-term subscription, the termination must be notified in the same way three (3) months before the anniversary date. After this date, the subscription is tacitly renewed for an identical duration and will be renewed thereafter under the same conditions if this formality is not respected before the following anniversary dates.

Termination in the event of changes or modifications to the Services. In the event of a request for a draft amendment to the Contractual Documentation, or a request for change from the Service Provider under the conditions of Article 3 and the Customer refuses, the Service Provider may terminate the Contract by giving one (1) month's written notice, without compensation from either party.

Termination for inactivity. In the event that a Customer's account is inactive for a period of 12 consecutive months from the last connection to the Customer Area, and remains inactive for 30 days following the suspension of access to the Services and the Platform, the Service Provider may close the account and terminate the Contract for security reasons and in order to free up available resources, without compensation to be paid by the Service Provider.

Termination for breach. In the event of a breach of the obligations defined in the Contract, the Service Provider or the Customer shall be entitled to terminate the contractual relationship by sending a registered letter notifying the other party of the termination, subject to a notice period of one (1) month. Such termination shall be without prejudice to any right of the non-defaulting party to claim damages for the damage suffered.

The following shall be considered as the Customer's fault, without the list being exhaustive:

i.     Any infringement of the Service Provider's intellectual or industrial property rights,

ii.    Any use contrary to the terms of use of the Platform and/or the Services,

iii.   Partial or total non-payment of any sum due.

Consequences of termination. Termination does not relieve the Customer of its financial obligations towards the Service Provider. In the event of termination for inactivity or breach attributable to the Customer, the unused Credits shall be retained by the Service Provider as compensation for the resources incurred in maintaining and providing access to the Services until the date of termination, and for the damage caused by the breach if this is the cause of termination.


Article 16. Assignment

The Customer may not contribute, transfer or assign for any reason whatsoever, all or part of its obligations under the Contractual Documentation, including, but not limited to, in the event of a transfer by merger, spin-off or partial contribution of assets, without the prior express written consent of the Service Provider.

It is expressly agreed between the Parties that the Service Provider may contribute, transfer, assign, subcontract or delegate for any reason whatsoever, all or part of its rights and obligations under the Contractual Documentation to any entity that controls or is controlled by the Service Provider or that is controlled by the same entity that controls the Service Provider (within the meaning of Article L233-3 of the French Commercial Code).



The Contractual Documentation is subject to and interpreted in accordance with French substantive law, with the exception of the rules of conflict which would refer to the application of a foreign law.

Any dispute that may arise between the Customer and the Service Provider concerning the existence, performance, interpretation or validity of the Contractual Documentation, and especially the T&Cs, shall be submitted to the exclusive jurisdiction of the COMMERCIAL COURT OF PARIS, including in summary proceedings, whether the basis for the dispute is contractual, tortious or mixed.


Article 18. Invalidity of clauses

If one of the provisions of these T&Cs is declared null or inapplicable with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten and will not lead to the nullity of the other provisions. The Service Provider shall modify or replace any provision declared invalid or inapplicable in order to make it valid and applicable.

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