Terms and Conditions - sendSMS.ro

Terms and Conditions

Welcome to www.sendsms.ro / www.nextsim.eu

Please read carefully the terms and conditions presented below regarding the use of this website. Your access / visit to this website is subject to the Terms and Conditions of Use, implies your explicit acceptance of them and represents the entire agreement (contract) between the parties.

These Conditions of Use and the Use of this website are governed by the laws of Romania. In case of litigation, an amicable settlement will be tried first, within 30 working days from the registration of the complaint at the headquarters of Any Media Development SRL. In case an agreement cannot be reached within the previously specified term, the court from the same administrative structure with the headquarters of Any Media Development SRL will be considered competent.

SC Any Media Development SRL, generically referred to below as www.sendsms.ro, as the author / owner / administrator of the website www.sendsms.ro reserves the right to change and update at any time the content of this website, as well as the Privacy Policy and the Terms of Use, without any prior notice.

Applicability

The terms and conditions presented are valid and apply for the website in the domain www.sendsms.ro and for which SC Any Media Development SRL has the quality of author / owner / administrator.

All such websites (as they currently exist or will be subsequently implemented) will be generically, individually or collectively referred to as the Site and / or Sites hereinafter.

In this document, words in the singular include the plural, words in the plural include the singular, words denoting the masculine gender include the feminine, and words denoting the feminine gender include the masculine.

Copyright

SC Any Media Development SRL is the author of the Sites and benefits from all the legal rights recognized to the authors, according to the Romanian and international legislation. In the absence of other specifications, all materials, including illustrated images, designs, icons, photographs, audio / video clips, etc. are the property of SC Any Media Development SRL or are licensed by SC Any Media Development SRL for use.

Content, Information and values.

The content of the site (texts, descriptions of products and services, technical characteristics, images, symbols) is wholly owned by SC Any Media Development SRL and the institutions or distributors of these products and services, which are introduced directly by them and / or taken over from their public documents. For this reason, www.sendsms.ro does not assume responsibility for the descriptions of the products presented on the site. The values, technical data, descriptions and evaluations displayed do not constitute an offer from SC Any Media Development SRL or third parties present on the site.

SC Any Media Development SRL will do its best to ensure that the information displayed on the site is true at the time of its publication, but SC Any Media Development SRL or any party present on the site, is not responsible for the clarity and veracity of the information.

Licensing Use Rights

www.sendsms.ro will grant you a limited license to access / visit the Site, without the possibility to modify it in the absence of an agreement from www.sendsms.ro.ro

This license does not include:

– resale or use for commercial purposes of the information presented on the Site;

– downloading or copying information related to user accounts;

– the use of data mining techniques, robots or similar technologies that allow data extraction and analysis.

SendSMS.ro services are not intended to be used for political purposes, to promote content in the ‘adult’ category, to defame or instigate violent actions, to send messages classified as SPAM, or phishing scams, or messages through which viruses spread. In case of violation of this provision, access to the services offered may be permanently suspended / blocked without prior notice and without the possibility of recovering the remaining amount of credit.

www.sendsms.ro cannot guarantee the availability of all displayed services.

The content of the Sites, in whole and / or in part, may not be reproduced, duplicated, copied, resold, visited or exploited for commercial purposes without the prior written consent of www.sendsms.ro.

The website is provided by sendSMS.ro on an “as is” and “as available” basis. sendSMS.ro does not assume responsibility and does not guarantee that the site, the servers on which it is hosted or the e-mails sent from sendSMS.ro are free of viruses or other potentially harmful computer components. The user uses the site at his own risk, Any Media Development SRL expressly disclaims any liability for any direct or indirect damages caused by the use or access / visit / use of the website.

Any Media Development SRL is not responsible for errors or omissions that may occur in the drafting, accuracy or presentation of materials on the website.

Any Media Development SRL does not grant any guarantee for the content and use of this site. The published information corresponds to the reality at the time of their registration on the site or of the updating of the various pages of the site.

The services presented on the site do not constitute an offer of any kind, being presented for information purposes only. To receive an offer from sendSMS.ro, access the contact page.

Any Media Development SRL has the right to select its clients on duly justified grounds and based on shared values.

Any Media Development SRL has the right to suspend any kind of activity with certain costumers, if further collaboration would damage sendSMS.ro’s public image.

Use of AI Chat

Description of the AI Chat Service

The AI Chat service is provided to assist users of the site through an automated virtual assistant. This service is designed to answer frequently asked questions and provide general information about our services.

Limitations of the AI Chat Service

The AI Chat is not capable of providing specific legal, financial, or medical advice.

Responses generated by the AI Chat are based on algorithms and pre-existing data and may not always reflect the most up-to-date information or individual situations.

Use of Information Provided

Users are responsible for verifying and validating the information received through the AI Chat before using it for important decisions. SendSMS assumes no responsibility for actions taken based on the information provided by the AI Chat.

Privacy and Personal Data

Information shared during interactions with the AI Chat is treated in accordance with our privacy policy. Users are encouraged to avoid disclosing sensitive or confidential personal information in conversations with the AI Chat.

Service Availability

The AI Chat service is available continuously, but SendSMS does not guarantee uninterrupted access or the absence of technical errors. We reserve the right to modify, suspend, or discontinue the AI Chat service at any time, without prior notice.

Changes to Terms and Conditions

SendSMS reserves the right to modify these terms and conditions at any time. Any changes will be posted on this page, and continued use of the AI Chat service constitutes acceptance of the new terms and conditions.

By using the AI Chat service, users agree to these terms and conditions and understand the associated limitations and responsibilities.

Terms and Conditions – eSIM service

1. Introduction

These terms and conditions govern the use of the websites https://www.nextsim.eu/ and https://esim.sendsms.ro/, which offer for sale eSIMs and mobile data plans worldwide. By accessing and using these websites, you accept and agree to the terms and conditions described below. Please read this document carefully before performing any activity.

2. Definitions

3. Eligibility of Users. The use of these websites is permitted only to persons who have the legal capacity to enter into a contract. Minor users may not purchase products on these sites.

4. Purchase of eSIMs and Data Plans. Products available on https://www.nextsim.eu/ and https://esim.sendsms.ro/ can be done online, without requiring the creation of an account. To complete an activity, the User must provide the information necessary to process the card payment. Upon completion of the transaction, the eSIM and matching data plan will be delivered electronically, via email or other agreed means.

5. Payment for all products is made by credit or debit card, authorized and secure payment processors. All transactions are processed in accordance with PCI DSS standards to protect the security of payment data.

6. Return and Refund Policy. Due to the digital nature of eSIMs and data plans, all sales are final and cannot be returned or refunded, except where the service was not delivered as specified. In such cases, the User must contact the support team at https://www.sendsms.ro/en/contact-2/ within 7 days of the request to request or refund.

7. Limited Liability. The Supplier will not be liable for indirect, accidental, special or consequential losses that may result from the use of the products offered through https://www.nextsim.eu/ or https://esim.sendsms.ro/. Our liability is limited to the value of the products purchased.

8. Intellectual Property Rights. All materials on these websites, including but not limited to text, graphics, logos and software, are protected by copyright and other intellectual property rights. Users are not allowed to copy, distribute or use these materials without the prior consent of the Provider.

9. Changes to Terms. We reserve the right to change these terms and conditions at any time without prior notice. Any changes will be posted on this page and your continued use of the website after the changes are made public will constitute your acceptance of those changes.

10. Applicable Law. These terms and conditions are governed by the applicable law in the jurisdiction in which the Provider operates. Any dispute arising from the use of these websites will be settled by the competent courts of this jurisdiction.

11. Contact. For questions or requests related to the use of https://www.nextsim.eu/ or https://esim.sendsms.ro/ or for problems with buying products, please contact us https://www.sendsms.ro/en/contact-2/

What does QoS represent?

QoS or Quality of Service, refers to a set of technologies and mechanisms used in telecommunications networks to manage and prioritize data traffic, ensuring optimal performance for specific types of applications or users. The goal of QoS is to guarantee a certain level of connection quality based on the needs of each type of data traffic, such as:

  1. Bandwidth: Resources are allocated so that critical applications receive enough bandwidth to function efficiently. For example, video conferencing and VoIP calls require more bandwidth than web browsing.
  2. Latency: QoS reduces the delay between sending and receiving data, which is important for applications requiring quick responses, such as online gaming and instant messaging apps.
  3. Jitter: This term refers to variations in delay during data packet transmission. QoS minimizes jitter, ensuring a consistent and uniform transmission, which is crucial for real-time video and audio.
  4. Data loss: QoS manages the data loss rate, reducing the risk of data packets being lost during transmission. This is essential for applications sensitive to data loss, such as video streaming.
  5. Data QoS: The data transfer speed may vary due to external factors such as location, radio coverage, network congestion, and signal quality, up to the limit defined by AMBR (Aggregated Maximum Bit Rate) setting. The default AMBR setting is 350 Mbps for download and 100 Mbps for upload.

Acceptable Use Policy (AUP) NextSim.eu

The examples bellow are only guidelines and are not exhaustive. Our Acceptable Use Policy (AUP) sets the standards for acceptable internet usage while connected to our network and prohibits activities such as sending SPAM, posting offensive or illegal content, and interfering with other computer networks.

By using or continuing to use our NextSim.eu services / products, you accept and consent to the rights, obligations, and practices described in this Policy:

  1. Applicability. This Policy applies to users of NextSIM.eu services and to Covered Users (by resellers) with respect to the NextSIM.eu Services. You shall be responsible for: (a) informing your other Covered Users, if any, of the existence of this Policy, as well as any amendments, updates, or modifications made to this Policy; and (b) agreeing to this Policy, as amended, updated or modified from time to time, on behalf of all Covered Users.
  2. Abuse. The Services may only be used for lawful purposes. You shall not use any Service to engage in, foster, or promote illegal, abusive, fraudulent, or irresponsible behavior, including without limitation:
  3. Creating or Distributing Unsolicited Bulk Emails or mailing lists.
  4. Disrupting or Interfering with Systems: Causing disruption to, or interference with, any data system, network, computer or communication system, software application, or computing device.
  5. Unauthorized Monitoring: Monitoring data or traffic on any network or system without the explicit authorization of the system or network owner.
  6. Deceptive Communications: Using false, misleading, or deceptive header information in emails or newsgroup postings.
  7. Unauthorized Access: Accessing or using an Internet account or computer system without the owner’s consent.
  8. Unconsented Advertisement Software Distribution: Distributing advertising software unless:
  9. (a) Users have explicitly consented to its download and installation after clear and conspicuous notice of the software’s nature, and
  10. (b) The software can be easily uninstalled using standard tools provided by major operating systems.
  11. Covert Information Gathering: Distributing applications or code that secretly collects or transmits user information without their knowledge.
  12. Unauthorized Personal Data Collection: Collecting or using personally identifiable information (PII) without authorization, including practices such as phishing, internet scams, password engineering, scraping, or harvesting.
  13. Unauthorized Financial or Health Data Use: Collecting or using financial or health-related data without authorization.
  14. Actions Leading to Retaliation: Engaging in activities likely to cause retaliation against Any Media Development SRL or its representatives, such as actions leading to denial-of-service attacks targeting their servers.
  15. Bandwidth Abuse. Roaming Data services are designed for standard mobile internet use by travelers and working professionals while roaming. The following activities are strictly prohibited when using Roaming Data services, including Prepaid and Unlimited eSIM data plans: Downloads or uploads of large files in excess of 300MB in size; Continuous, prolonged background transfers (uploads/downloads) of non-viewable media; Continuous, prolonged streaming of data to TCP (transmission control protocol) or UDP (user datagram protocol) applications, with the exception of multimedia being actively used by the subscriber; Use of eSIM-enabled device as a data router or proxy for multiple other devices, with the exception of normal Wi-Fi Hotspot usage; Use of Wi-Fi Hotspot to provide Internet connectivity to stationary, non-portable devices for prolonged periods of time; BitTorrent, uTorrent and other P2P (Peer-to-peer file sharing) networks, or any application or activity which consumes more than 150MB of data per hour.
  16. Vulnerability Testing. You are prohibited from attempting to probe, scan, test, or penetrate the vulnerabilities of Any Media Development SRL or its Services, and from breaching its security or authentication measures, whether through passive or intrusive methods, without explicit written consent from Any Media Development SRL.
  17. Newsgroups, Forums, Other online Networks. If you use various networks through your mobile data service —such as discussion groups (USENET), forums, or chats (like Internet Relay Chat), gaming platforms, or a specific server— you must adhere to the specific rules of those networks. These rules may include aspects such as appropriate language, prohibition of sending spam, adherence to the group’s topics, prohibition of abusive or illegal behavior, etc. If you fail to follow these rules, the service provider is not responsible for the consequences of your actions, and you may be held accountable for violating those rules.
  18. Offensive Content. You may not process or link to any content that violates applicable laws or Any Media Development SRL's community standards. This includes, but is not limited to, content that, at the sole discretion of Any Media Development SRL, is deemed to: Contain violence, incite or threaten violence, or include harassing content or hate speech; Depict, promote, encourage, or in any way relate to child sexual exploitation, violence, or non-consensual sexual acts; Be unfair, deceptive, or in violation of consumer protection laws in any jurisdiction, such as chain letters or pyramid schemes; Defame individuals or infringe upon their privacy rights; Endanger personal or public safety, compromise national security, or interfere with law enforcement investigations; Promote illegal drug use, violate export control regulations, involve illegal gambling, or be connected to illegal trafficking; Be unlawful or solicit illegal activities under applicable laws for you or Any Media Development SRL; Improperly disclose trade secrets or other confidential or proprietary information belonging to another person or business; Be malicious, fraudulent, or create risks of retaliation against Any Media Development SRL from offended parties.
  19. Intellectual Property. You may not use Any Media Development SRL's network or services to download, publish, display, distribute, copy, or otherwise use or share any text, music, software, artwork, images, or other works protected by law unless you have explicit authorization from the rights holder, or your use is permitted under applicable Intellectual Property laws.
  20. Use of Assigned Identification.
  21. You may only use IP addresses assigned to you by Any Media Development SRL in connection with your use of the Services.
  22. If an Any Media Development SRL IP address assigned to your account is listed on an abuse database, you will be deemed in violation of this policy. Any Media Development SRL reserves the right to take reasonable actions to protect its IP addresses, including suspending or terminating your service, regardless of whether the listing resulted from your actions.
  23. You are prohibited from registering for any Service using a false name or using an invalid or unauthorized credit card for any transactions related to the Services.
  24. Enforcement and Effect of Violation. Any violation of this Policy, whether a single instance or a repeated occurrence, may result in the immediate interruption, suspension, or termination of your access to and use of the Services, at the sole discretion of Any Media Development SRL. You acknowledge and agree that Any Media Development SRL is not obligated to provide warnings, reprimands, or follow any formal or informal procedures before implementing such actions.
  25. Changes. This Policy may be amended at any time, and you are encouraged to check for updates regularly. Any Media Development SRL reserves the right to modify this Policy at its sole discretion. Amendments will take effect 14 days after being posted by Any Media Development SRL or upon your continued use of the Services, whichever occurs later.

Payment methods

Online payment:

The payment related to the credit ordered through the sendSMS.ro Platform is made exclusively through the NETOPIA mobilPay online payment processor.

All tariffs are expressed in euros (EUR) and are invoiced in Lei at the exchange rate on the day the invoice is issued. This method is in the Buy Now section, from the user account of the sendSMS.ro platform.

For online payments, sendSMS.ro is not / cannot be held responsible for any other additional costs incurred by the User, including but not limited to currency conversion fees applied by the bank issuing his card, if the currency of its issuance differs from Lei. The responsibility for this action lies solely with the user.

Through sendSMS.ro you can make online payment with your personal or company card, in full security. The cards accepted for payment are those issued under the logos VISA (Classic and Electron) and MASTERCARD, MAESTRO.

For the correct completion of the transaction, the data necessary to authorize the transaction must be entered in the payment processor platform.

Card data processing is done exclusively through the NETOPIA mobilPay payment platform. sendSMS.ro does not request or store any details regarding your card and will never ask for the PIN code of your card.

sendSMS.ro has taken all necessary measures to ensure the security of your data, but the transmission of data and information is the sole responsibility of the user.

By purchasing the credit from the sendSMS.ro platform, the user agrees to receive the invoices by e-mail, at the e-mail address mentioned in the registration process on the website.

Payment order:

The user accesses the “Buy Now” section, chooses as payment method “Pay by Bank” then generates, with the data related to each type of buyer, a proforma invoice based on which the payment will be made.

Privacy and Security

Privacy definitions:

  1. personal data – any information regarding an identified or identifiable natural person; an identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;
  2. processing of personal data – any operation or set of operations performed on personal data, by automatic or non-automatic means, such as collection, registration, organization, storage, adaptation or modification, extraction, consultation, use, disclosure to third parties by transmission, dissemination or in any other way, joining or combining, blocking, deleting or destroying;
  3. storage – keeping on any kind of support the personal data collected;
  4. personal data record system – any organized structure of personal data, accessible according to certain criteria, regardless of whether this structure is organized centrally or decentralized or is distributed according to functional or geographical criteria;
  5. operator – any natural or legal person, private or public law, including public authorities, institutions and their territorial structures, which establishes the purpose and means of processing personal data;
  6. third party – any natural or legal person, private or public law, including public authorities, institutions and their territorial structures, other than the data subject, the operator or the authorized person or persons who, under the direct authority of the operator or person empowered, are authorized to process data;
  7. addressee – any natural or legal person, private or public law, including public authorities, institutions and their territorial structures, to which data are disclosed, regardless of whether or not it is a third party; public authorities to which data are communicated within a special investigative competence will not be considered recipients;
  8. anonymous data – data which, due to the origin or the specific method of processing, cannot be associated with an identified or identifiable person;
  9. “business contact” data – data that include the name, position, business address, telephone number or e-mail address of an employee of an organization, in this capacity. Business contact data do not fall into the category of personal data;
  10. statistical data – data that have been obtained as a result of the processing by the operator of personal data but which cannot be used to identify a person and are used exclusively for statistical and / or information, promotion purposes.

Security:

The users of the website are responsible for ensuring the confidentiality of the data regarding the access account, such as the username and password and agree to assume full responsibility for the activities / actions carried out on the website with the authentication data. If users suspect that, for various reasons attributable, the confidentiality of this access data has been compromised, they will immediately notify sendSMS.ro to block access to the account and generate a new data set as soon as possible and apply new Account Security measures. We recommend activating the 2FA (two factor authentication) function from the first use of the account.

Carrying out unauthorized operations on this website and attempting to perform them, including but not limited to: misuse, fraudulent use, unauthorized access, modification, copying of information for marketing, blocking access, etc., will be punished according to law .

You represent and warrant that you own or control all rights in the information provided, that it is correct and that its use does not conflict with the Terms and Conditions of Use, that it will not cause damage to a third party and that you will fully indemnify sendSMS. ro or its partners / affiliates for all requests resulting from the information thus transmitted.

Users may not use a fake email address or impersonate another person or entity.

Collection of personal data

SendSMS.ro may collect personal data from you but only with your consent and if you provide them to us voluntarily.

The registration form presented on the website www.sendsms.ro requires information through which you can be identified or through which we can contact you, these being from the category of “business contact” data.

We use personal data collected for the following purposes:

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