Terms & Conditions of Use
The website sms4u.eu offers its services under the following terms of use.
The visitor/user of the pages of the website is requested to read them carefully and to proceed with the visit/use of the pages/services only if they fully accept them. In case of disagreement, they must not use them. By using the services of the website, they accept these terms and give their consent. The following terms of use apply to the entire content and everything generally included on the pages of our Website. The website sms4u.eu reserves the right to modify the terms of use and conditions at any time, and visitors/users must check for possible changes each time. If they continue to use, they automatically accept the modified terms and conditions. Otherwise, they must refrain from using/visiting our Website.
Preamble
The website sms4u.eu (hereinafter referred to as Provider) under the name Dimitrios Markou, headquartered at Oikonomou Building 101, Aphroditis 7, 8220 Chlorakas, Cyprus, provides software for easy and direct message transmission to affiliated mobile networks, as described on the website, after "Tokens" are purchased using the available payment methods.
The existing and any new services included on the website www.sms4u.eu are subject to these terms of use unless otherwise expressly stated. The visitor/user of the Provider's service understands and accepts that all pages/services are provided "as is" and the Provider disclaims any responsibility for the limited duration, deletion, poor performance, or inability to electronically store any user data or/and services.
The visitor/user is responsible for accessing the services. The visitor/user is responsible for accessing the Provider's services, and such access may require the payment of fees/costs to third parties. The visitor/user is solely responsible for the payment of the relevant fees/costs. Furthermore, the visitor/user is solely responsible for their own equipment with the necessary technological means that allow them to access the Provider's services.
Operation of the Provider
The Provider's service involves sending messages exclusively to recipients who belong to an affiliated mobile network, as listed on the Provider's website.
The Provider's service is related to the telecommunications companies it collaborates with, and therefore any changes in these networks may result in changes and generally affect the operation of the Provider.
Delivery reports are also affected by the operation of mobile networks. In any case, the Provider will make every effort to ensure the provision of delivery reports. In cases of number portability (transfer of a phone number from one Greek mobile network to another Greek mobile network), the provision of delivery reports may not always be possible.
As the service also depends on the cooperating mobile companies, the Provider cannot fully guarantee the delivery of all SMS to the mobile networks.
The Provider is not liable for the failure to deliver messages to numbers recognized by the recipient's mobile network as: (a) wrong, (b) inactive (not existing), (c) incoming call-message blocking, (d) deactivated (mobile off). Additionally, it is not liable for the failure to deliver SMS to recipients not further specified by the recipient's mobile network.
The Provider does not guarantee the uninterrupted and error-free provision of its services, nor the absence of "viruses" on its www.sms4u.eu website. If the Provider decides to temporarily or permanently discontinue the service, the company will refund each user the full value of the Tokens they have at that time.
Security
sms4u.eu recognizes the importance of the security of your personal data and electronic transactions and takes all necessary measures to ensure your maximum security using the most modern and advanced methods. All information related to your personal data and transactions is secure and confidential.
Pricing and Tokens
The billing of SMS is done through Tokens. The billing is determined by the pricing model and the number of Tokens to be purchased. The Token charges per SMS depend on the mobile network in which the respective recipient is located.
The billing concerns only the sending of SMS, regardless of whether they will be delivered to all recipients. In the event of non-immediate delivery for any reason, the forwarding of the SMS to the recipient numbers is continuously repeated up to 24 hours from the date of sending.
The issuance and sending of the invoice are done electronically. The invoice is sent to the visitor/user by email to the email address declared during registration. In the event of non-receipt of the invoice for any reason, the visitor/user must notify the Provider and request the resending of the document.
The Provider assumes no responsibility for delivery to recipients whose numbers are wrong or not used. Additionally, no responsibility is assumed for the failure to deliver SMS to recipients who have enabled incoming call and message blocking, and to recipients whose number is deactivated. Finally, no responsibility is assumed for failure to deliver for any other reason not further specified by the recipient's mobile network.
In cases of number portability (transfer of a number belonging to one mobile network to another network), the charges may change. Specifically, the charges are adjusted based on the network to which the user currently belongs and not the network to which the phone number originally belonged.
The Provider reserves the right to make changes to the pricing without further notice.
Tokens have an expiration date as determined at the time of purchase. They cannot be cashed out or refunded, except if the company decides to discontinue the service on sms4u.eu, and only if the user has not violated the terms of this agreement, in which case the exact value of the available Tokens will be refunded.
Transaction Confidentiality
Confidentiality is considered self-evident. The same basic principles that govern classical transactions also apply to e-commerce (electronic commerce). All information transmitted by the user/member to sms4u.eu is confidential, and sms4u.eu has taken all necessary measures to ensure that it is used only as necessary within the scope of the provided services. Some of the measures taken are the following:
Only authorized employees have access to your transaction information, and only when necessary, e.g., to process your requests.
sms4u.eu does not disclose customer details and transactions unless it has written authorization from you or is required by a court order or decision of another public authority.
When sms4u.eu uses third parties to support its systems, it ensures confidentiality.
You can request any information held about you and correct it if you can substantiate the existence of an error.
For your own safety, you should also treat all information provided through the service as confidential and secret and not disclose it to third parties.
Transaction Security
All transactions conducted through the service on sms4u.eu are governed by international and European law, which regulates issues related to electronic commerce (Directive 2000/31/EC, PD 131/2003), as well as by the Consumer Protection Act (Law 133(I)/2013), which regulates distance sales.
Withdrawal
The visitor/user is entitled to withdraw from the Token purchase within 14 calendar days, provided they have not used the service. The visitor/user will bear any bank and other costs related to the transaction. The visitor/user understands and accepts that according to Article 15 paragraph (ig) of Law 133(I)/2013 on digital content, they lose the right of withdrawal in case of using the message sending service.
Registration
If the visitor/user wishes to register for the Provider's services, they agree to: a) provide true, accurate, valid, and complete information about the requested data and b) maintain and carefully update their registration data to keep them true, accurate, valid, up-to-date, and complete.
Member Account
The Provider registers users as members and provides the services described here, after accepting the website's terms of use and completing the registration process. Once the visitor/user completes the registration process, they will receive an activation notice for their account via email, which they provided during registration. Members are solely responsible for all actions taken under their personal password, username, and generally their account (user account).
After registration, the Provider credits the member with a small amount to test the provided services. Until the member makes the first purchase, the account remains in test mode. During the test mode, there may be restrictions, modifications, or replacement of the text of the messages sent by the member. While the account is in test mode, the member should send messages exclusively to themselves or their partners, and only for testing the service quality.
Members are solely responsible for the careful use of their account and proper logout from their account at the end of each use (Logout). Additionally, members agree to immediately notify the Provider of any unauthorized use of their account and any security breach. The Provider is not responsible for any damage or loss resulting from the members' inability to respect and follow this clause.
The Provider reserves the right to disable the user's account and prohibit the user's access to the Provider's websites and services without further explanation.
Member Code of Conduct
It is mutually accepted and understood that, although the Provider provides users/members with the necessary technological infrastructure and means for the mass transmission of text messages, the entire content remains the exclusive responsibility of the natural or legal person from whom the content originates. This means that the user/member is solely responsible for all and any message they send through the Provider's service. The Provider, due to the volume of content, cannot monitor the entire content of messages sent by users/members, and therefore does not guarantee the accuracy, integrity, legality, or quality of the message content.
The user/member is solely responsible for knowing and complying with the laws of the country from which the messages are sent, the laws of the recipient's country, as well as the laws of Greece.
The user/member accepts that they will not send messages using the Provider's services without the prior consent of the recipient (spam). The user/member is solely responsible for providing the recipients of the messages with information about the origin of the messages and the process for opting out.
In no case can the Provider be held responsible for the content of the sent messages. In case of notification that any content causes moral damage or other harm to third parties, or in case of a complaint from a recipient about unsolicited messages or a breach of the Terms of Use, the Provider reserves the right to investigate the account and terminate the service of the user/member's account that violates the terms of this agreement without paying the amount corresponding to the Tokens remaining in the user/member's account.
The user/member must comply with the rules and regulations of Greek, European, and international law and the relevant telecommunications legislation and refrain from any illegal and abusive use of the services provided by the Provider.
It is specifically prohibited to send messages with the following content:
1. Promoting the installation of unsolicited or unauthorized advertising or other promotional content, sending unwanted and unsolicited messages by the recipient, and any other form of unsolicited content promotion.
2. Illegal, harmful, threatening, offensive, damaging, defamatory, vulgar, violent, abusive, racist, or otherwise objectionable content, violating the personality and personal data of others, causing feelings of hatred, or/and any other criminal offense.
3. Causing harm to minors in any way.
4. Imitating any legal or natural person, impersonating authority, or making false statements about the identity of the user/member or misleading statements about the user/member's relationship or cooperation with any other legal or natural person.
5. Violating intellectual property rights or disclosing trade secrets.
6. Forging or otherwise altering user/member identifiers to deceive the origin of the content transmitted through the Provider's services.
7. Interfering with services or disrupting services or servers or networks connected to the Provider's service, or violating the conditions, procedures, and rules of these networks.
8. Violating, intentionally or unintentionally, local, national, European, and international laws or any rule that has legislative power and concerns or covers the Provider's service.
9. Harassing the privacy and individual and social rights of other people in any way.
Changes and Modifications to the Terms of Use
The Provider reserves the right to change the service pricing list without prior notice. Changes in the operation of mobile networks or cooperating telecommunications service organizations may result in changes in service pricing. Similarly, changes in the service compatibility with any of the mobile networks may occur. The Provider reserves the right to change the Terms of Use. Changes will be indicated in the Terms and highlighted to distinguish the modified Terms of Use.
Intellectual and Industrial Property Rights
The entire content of the Provider's service, including but not limited to the creation of this service, texts, news, graphics, photos, drawings, diagrams, provided services, and all kinds of files, is the subject of intellectual property and is governed by national and international intellectual property provisions, except for explicitly recognized third-party rights. Therefore, the reproduction, republication, copying, storage, sale, transmission, distribution, publication, performance, "downloading", translation, modification in any way, wholly or partially, without the express prior written consent of the Provider is strictly prohibited.
Personal Data Protection
The management and protection of the user's/member's personal data are governed by the terms of this agreement and the relevant provisions of both Cypriot and European law.
The personal data collected by the Provider are as follows:
- Mobile phone number of the user/member
- Personal password
- PayPal ID (if credits are purchased via PayPal)
- IP address of the user/member
- Stored texts
- Messages statistics & history
- Mobile phone numbers of other users
- Invoice details
- Bank details when Token purchase is made by bank deposit.
This data is never disclosed to third parties (except as required by law), but remains personal and protected. The Provider stores the messages sent by users/members so that they can use them themselves and for communication and service improvement purposes. User data is stored encrypted and remains secure in the company's systems. Additionally, in the case of "links" to other websites, the Provider is not responsible for the privacy policies of these websites.
In any case, the user/member has the option to contact the relevant department to request the deletion, correction, or change of their personal data after verifying its existence. Minors have access to www.sms4u.eu only with the consent of their parents/guardians.
Compensation
It is expressly agreed that in case of any claim, demand, or administrative or judicial action against the Provider resulting from any act of the visitor/user/member, the visitor/user/member undertakes the obligation to intervene in the related proceedings and to indemnify the Provider for any financial or moral damage.
Applicable Law and Other Terms
This usage agreement is governed by the provisions of Cypriot law, the directives and regulations of European law, and the relevant international provisions and is interpreted according to the rules of good faith, commercial practices, and the economic and social purpose of the right.
If any provision is deemed contrary to the law and therefore invalid or voidable, it automatically ceases to apply, without affecting the validity of the other terms. No modification of the terms of this agreement will be considered and form part of it unless expressed in writing and incorporated into it.
The competent courts for any disputes arising from this agreement are the Courts of Paphos.