SITE smsalert.mobi, called hereinafter "SMSAlert", is administered by the commercial company XELANDRU SOFTWARE SRL (hereinafter referred to as «SMSAlert» or the «Company») with headquarters at 48 Vitioara street, ap 20, Bucharest Secto 3, Romania, having VAT RO45962641, registered at the Trade Registry with no. J40/7086/14.04.2022
SMSAlert reserves the right to change and update the SITE CONTENT at any time, as well as the Terms and Conditions of Use (hereinafter referred to as "Terms and Conditions", notifying the CLIENT in advance by displaying on the SITE a message or by sending an e-mail or SMS, as the case may be.
This Terms and Conditions DOCUMENT applies to the contractual relationship between SMSAlert and its clients, legal entities or individuals, as it is published at that time on the SITE.
CONTENT has the following definition representing:
CLIENT – The natural person or legal entity with whom SMSAlert has concluded at least one service contract;
DISTANCE CONTRACT - according to the law, it represents any contract concluded between SMSAlert and the CLIENT without the simultaneous physical presence of the two parties, with the exclusive use of one or more means of distance communication, until at and including the moment when the contract is concluded, and which is subject to information requirements of the CLIENT by SMSAlert, before the effects of the concluded contract are produced;
ORDER – an electronic or physical document, which intervenes as a form of communication between SMSAlert and the CLIENT through which the latter expresses his intention to purchase certain SERVICES by paying for them. Any order made by electronic means through the SITE will be considered a valid contract, unless the parties agree otherwise. The written order in physical format will form part of the service contract concluded between the Client and SMSAlert.
ORDER CONFIRMATION - represents the written confirmation received by the CUSTOMER who placed an order through the SMSAlert platform, and which contains the details of the order placed regarding the conditions of the services ordered and the price paid in depending on the agreed payment method. Confirmation of the order represents, from a legal point of view, the moment of conclusion of the contract between SMSAlert and the CLIENT;
ACCOUNT – if applicable, the term defines the CLIENT's profile, as created by SMSAlert through the integrated system used by it, which includes the identification data provided by the CLIENT. The account can be created by SMSAlert in order to manage the contractual relationship between it and the CLIENT and does not require registration on the SITE, or it can be a single registration on the SITE by username and password.
DOCUMENT – these Terms and Conditions of Use of SMSAlert services;
THE TELECOMMUNICATIONS LAW – Law no. 239/2005, Law 365/2002, Law 506/2004, Directive 2000/31/EC, Directive 2006/24/EC, Directive 2009/140/EC, Directive 2009/136/EC, etc.
LAW ON THE PROTECTION OF PERSONAL DATA - Until 25.05.2018, Law 677/2001 for the protection of individuals with regard to the processing of personal data and the free circulation of these will be applied at the local level data, following that from 25.05.2018, the General Data Protection Regulation (RGPD) will enter into force.
SMS SERVICE via API – a system for the automatic transmission and reception of messages available in electronic format, with the help of the website accessible from the Internet under the URL smsalert.mobi.
PROVISION OF ELECTRONIC COMMUNICATION SERVICES – providing services without the simultaneous presence of the two parties (from a distance) through the transfer of data and information at the request of the SCIENTIST, where the transmission and reception of information or data is carried out by electronic means, including digital compression and storage of data sent and received;
MEANS OF ELECTRONIC COMMUNICATION – represents the totality of technical solutions, including the teleinformation components of the software tools interconnected with them, which allows remote communication by using data transmission between teleinformation systems, in especially the electronic agenda.
MESSAGE TYPE «SMS» – text or binary message with precisely defined specifications in GSM networks, having limitations in terms of the number of characters.
"PUSH NOTIFICATIONS" MESSAGES - are messages or information sent to applications on platforms such as Android, iOS, Windows and others. "Push notifications" messages or information are sent through services such as Apple Push Notification Service (APNS, Google Cloud Messaging (GCM), Windows Push Notifications Services (WNS) or other similar services.
SERVICE – the service of sending SMS commercial messages (SMS Marketing), through the integrated platform of SMSAlert, which operates in SaaS mode (Software as a Service ).
TRANSACTION – collection or reimbursement of an amount resulting from the provision of a service by SMSAlert to the CLIENT.
WEBSITE / SITE – represents the SITE located at smsalert.mobi or other such addresses URLs that SMSAlert may point to or use over time, as well as all SMSAlert.mobi domains and their subdomains, including but not limited to the website available to the general public and the social media pages used by the company.
2.1. By using the SITE/CONTENT/SERVICE, the CUSTOMER is directly responsible for the consequences arising from its use. Also, the CLIENT is responsible for any material, intellectual, electronic or any other damage caused to the SITE, CONTENT, SERVICE, SMSAlert or any third party with whom SMSAlert has concluded a valid contract, in accordance with the legislation in force .
2.2. In case the CLIENT does not agree and/or does not accept and/or revokes the acceptance expressed for this DOCUMENT:
2.3. Renunciation or revocation of the acceptance granted by the CLIENT to the Terms and Conditions document according to art. 2.2, does not represent a waiver of the terms of the contract concluded between the latter and SMSAlert. The CLIENT can cancel the provision of ongoing services in accordance with the bilateral contract, under the terms of this contract. This DOCUMENT is an accessory to the contract which has a special character in the relationship between the parties and will prevail over the terms and conditions of this DOCUMENT.
2.4. The CLIENT (natural person) can at any time revert to his decision to agree and/or accept the DOCUMENT, in the form available at that time.
2.5. In order to exercise the right provided for in art. 2.4, the CLIENT can contact SMSAlert, or can use the links in the CONTENT accessed on the SMSAlert SITE intended for this purpose.
2.6. The CLIENT cannot revoke the agreement expressed in favor of the DOCUMENT until the moment he pays the counter value of all unpaid Contracts to SMSAlert. This article does not contradict the provisions regarding the right to withdraw the consent of the CLIENT (natural person) from the distance contract concluded with SMSAlert.
2.7. If the CLIENT has paid the consideration for the services provided, before the effective provision of them by SMSAlert, the CLIENT can indicate the reasons for the cancellation, following to establish together with SMSAlert the optimal way to solve the respective situation. The provisions of the service contract concluded between the parties will be applied accordingly.
2.8. This WEBSITE is addressed to CLIENTS, legal entities located on the territory of Romania or the European Union, as well as to CLIENTS individuals persons who are at least of 18 years old , and who have not been suspended or removed by SMSAlert, regardless of the reason for the suspension or removal. By becoming a CLIENT, SMSAlert will consider that the person meets the aforementioned conditions.
2.9. By using the SMSAlert WEBSITE by minors, their legal representatives express their consent to this use and consent to the observance of these terms and conditions on behalf of minors, starting with the date of the first use of the website by the minor. SMSAlert sells services that can be purchased by minors by accessing the SITE, in compliance with the provisions of the General Data Protection Regulation (RGPD). SMSAlert can sell or collect the value of some services intended for minors, also purchased by them.
3.1. The CONTENT, as defined above, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia CONTENT presented on the SITE, are the exclusive property of SMSAlert or its administrator , all rights obtained in this regard directly or indirectly (through usage and/or publication licenses) being reserved.
3.2. The CLIENT is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any CONTENT in any context other than the one originally intended by SMSAlert, include any CONTENT outside the SITE , the removal of the insignia representing SMSAlert's copyright on the CONTENT, as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the CONTENT, in the absence of express consent by SMSAlert or by the administrator of it.
3.3. Any CONTENT to which the CLIENT has and/or obtains access by any means, is subject to the provisions of this DOCUMENT, if the CONTENT is not accompanied by a specific and valid user agreement concluded between SMSAlert and it, which may derogate in all or in part from the provisions of this DOCUMENT, and without any implied or express warranty from SMSAlert with reference to that CONTENT.
3.4. The CLIENT may copy, transfer and/or use the CONTENT only for personal or non-commercial purposes, as well as in direct relation with SMSAlert, only if they do not conflict with the provisions of this DOCUMENT and with the relevant legislation and only with the agreement written in advance of SMSAlert.
3.5. If SMSAlert gives the CLIENT or another interested third party the right to usein the form described in a separate user agreement, a certain CONTENT, to which he has or can obtain access, the right of use extends only to that CONTENT or parts of it, as long as the CONTENT or its parts exist and only in within the period defined in the agreement and within the limits of the agreement. The existence of a user agreement expressly concluded by SMSAlert with a third party or CLIENT, does not represent a contractual commitment on the part of SMSAlert for that third party or CLIENT who obtains access to the CONTENT or certain sections of the SITE, in the sense that SMSAlert has the right to modify, update or complete in any way and at any time the SITE or any of its sections, during or after the expiration of the user agreement.
3.6. No CONTENT transmitted to the CLIENT, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing the SITE does not constitute a contractual obligation on the part of SMSAlert and/or any of its employees who mediated the CONTENT transfer (if applicable).
3.7. Any use of the CONTENT on the SITE for purposes other than those expressly permitted by this DOCUMENT or by the user agreement that accompanies it, if it exists, is prohibited. Violation of this section gives SMSAlert the right to take the necessary legal measures against the unauthorized use of the CONTENT, in order to repair the potential material and image damage caused to SMSAlert.
3.8. Posting by you on the web pages managed by SMSAlert does not constitute a derogation of SMSAlert from a right on or in connection with these pages (for example the Facebook or LinkedIn page of the SMSAlert company). Except as expressly granted in this document, you do not acquire any right, title or interest in or in connection with the SITE or the web pages managed by the company.
3.9. All programs and software platforms used in this SITE, its CONTENT and its development, as well as the software in its entirety, are protected by copyright laws. Any other use, including the reproduction, modification, distribution, republication, transmission, display or execution of the CONTENT of this SITE is not permitted without obtaining the prior written consent of SMSAlert and/or its administrator.
3.10. The CONTENT can be modified at any time by SMSAlert, the images, design, text, graphics, logos, audio/video clips as well as other aspects related to the SITE and respectively the CONTENT having the character of a presentation suggestion.
4.1. THE CONTENT OF THE WEBSITE, namely images, texts, web graphic elements, scripts, software, design rights, model rights, patents, trademarks, is entirely the property of SMSAlert and its authorized suppliers in accordance with Law 8/ 1996 on copyright and related rights and laws on intellectual and industrial property.
4.2. SMSAlert can offer the CLIENT, through an agreement, the right to use, in a described form, certain CONTENT of the SITE. This agreement applies strictly to the defined CONTENT or parts of CONTENT, for a period established in the agreement and only to the person/persons who were allowed to use this CONTENT, without being able to use other sections of the SITE. The use on the SITE of any registered brand name does not constitute an advertisement for the respective company. The SMSAlert company does not assume responsibility and cannot be blamed for the damages caused by the use of the CONTENT existing on the SITE.
5.1. SMSAlert publishes on the SITE, the identification and contact data, updated for the information of the CLIENTS.
5.2. By using the SMSAlert platform or the existing links for the same purpose on the SITE, the CLIENT allows the SMSAlert company to contact him by any available and mutually agreed means, exclusively for the stated commercial purpose and in order to achieve this purpose, including by accessing electronic means, respectively electronic mail (e-mail) or mobile phone (phone call, SMS), to the extent that these data are provided by the CLIENT.
5.3. Partial or full access to the SMSAlert platform does not in any way represent a commitment on the partof the company to contact the CLIENT, but only an option of it.
5.4. Accessing the SITE, using the information presented within it, visiting the pages or sending e-mails or notifications addressed to SMSAlert is done electronically, by telephone, or by any other means of communication available to the CLIENT. Thus, SMSAlert will obtain the prior consent of the CLIENT, for the receipt from SMSAlert of information and/or notifications aimed at direct marketing electronically and/or by telephone, including communications by e-mail, SMS or through announcements on the SITE.< /p>
5.5. SMSAlert reserves the right not to respond to requests of any nature, which are not related to the products/SERVICES present on the SITE or to a contract concluded with a CLIENT, received by any means of communication (electronic, phone call, SMS, etc.).
6.1. When the CLIENT (individual) accesses the SMSAlert SERVICES or products through the SITE, we will ask you to express your prior consent regarding the receipt of newsletters and/or alerts from SMSAlert, sent by electronic mail (e-mail) and /or by phone (phone call, SMS). The option regarding the agreement issued by the CLIENT (natural person) can be modified at any time, in compliance with the provisions of art. 6.3.
6.3. You can opt out of receiving newsletters and/or alerts at any time by:
6.4. Opting out of receiving newsletters and/or alerts does not imply waiving the acceptance granted in general for the provisions of this DOCUMENT.
6.5. SMSAlert reserves the right to select the CLIENT (natural person) who has previously expressed his agreement to receive the newsletter and/or alerts, as well as the right to remove any CLIENT from its database, without any subsequent commitment from the SMSAlert. In this case, the CLIENT can contact SMSAlert to receive the necessary justifications in relation to any decision and/or action taken within the meaning of this article or will receive information about the measures taken by SMSAlert and their motivation.
6.6. SMSAlert will not include in the newsletters and/or alerts sent to the CLIENT, any other kind of advertising material in the form of CONTENT that refers to any third party that is not a partner of SMSAlert, at the time of sending the newsletters and/or alerts.< /p>
8.1 SMSAlert offers the following:
8.2 The following types of SMS campaigns or messages through third-party applications are not accepted, without being limited to these: campaigns for competing services of mobile phone operators; campaigns with electoral or political content; electoral or political advertising campaigns; adult SMS campaigns; illegal or immoral SMS campaigns.
8.3 It is not accepted to send messages to recipients for marketing purposes without their prior agreement and without providing a way to unsubscribe.
The SMSAlert services are not intended and cannot be used in connection (i) with 112 or other emergency, public safety or similar services or (ii) as a substitute for any primary telephone services, for example, landline or mobile phones used to contact emergency services. The CLIENT acknowledges that SMSAlert and SMSAlert providers have no responsibility to connect any calls to 112 to a public response center for emergency calls.
8.1. Access to the SERVICE
The detailed description of the advantages and functionalities of the SMSAlert platform can be accessed and represents the updated version of the advantages and functionalities of the SMSAlert platform.
10.1 For the purchase of the SERVICES provided by SMSAlert, we provide CUSTOMERS with the following available payment methods:
11.1 In case of cancellation by the CLIENT of the provision of the service purchased with a discount, the discount granted by SMSAlert will either be deducted from the amount to be returned, or
11.2 If an order to which a discount has been applied is cancelled, rejected or the amount paid by the CLIENT is refunded in full, the CLIENT will be refunded the amount paid in full and the personalized offer he benefited from will lose its validity.
12.1 SMSAlert complies with the provisions of Law no. 677/2001 for the protection of individuals regarding the processing of personal data and the free circulation of such data and the provisions of Law 506/2004 regarding the processing of personal data and the protection of private life in the electronic communications sector. After the entry into force of the General Data Protection Regulation (RGPD), respectively after 25.05.2018, SMSAlert will comply with the provisions of this Regulation by integrating its provisions into its commercial activity, Law 677/2001 to be repealed by law. The provisions of this chapter are still applicable starting from 25.05.2018.
12.2. Considering that the protection of personal data of individuals is a continuous concern for SMSAlert in its capacity as a third party in the contracts concluded with its CLIENTS, in order tomonitoring the rights of natural persons with whom its CLIENTS interact as Personal Data Operators, the contractual relationship between SMSAlert and its CLIENTS is further regulated, with regard to the applicable legislation on the processing of personal data.
12.3 In accordance with the RGPD, SMSAlert has the capacity of a third party in relation to the CLIENT, acting as an intermediary between the CLIENT and its clients - recipients of the SMSAlert services, the latter providing the CLIENTS with its SMS transmission platform (means) - for marketing and advertising purposes, requesting a limited amount of information that is not considered personal data in the sense of the GDPR. This information is entered by the CLIENT, and SMSAlert does not control, analyze, manage, interpret, respectively does not process in any way the data sent by the CLIENT and which reach the SMS recipients. The information from the CLIENT's database, necessary for SMSAlert to provide the services contracted by the CLIENT, are stored for evidentiary purposes, for a limited period according to SMSAlert's internal procedures, later being permanently deleted, without keeping any copies or back-up hurries.
12.4. As a third party according to the RGPD, SMSAlert carries out its activity of processing the information made available to it by the CLIENT, under the latter's authority, who assumes full responsibility towards its natural person clients, recipients of the SMS sent through the SMSAlert platform. SMSAlert performs processing operations exclusively at the request of the operator of personal data, respectively of the CLIENT, therefore SMSAlert does not control the content of the texts sent and does not assume responsibility for any direct or indirect losses suffered by the CLIENT as a result of the transmission by SMSAlert of the messages for the purpose of marketing and advertising.
13.1. SMSAlert does not ask the CLIENT, through any means of communication (e-mail/telephone/SMS, etc.) for information regarding confidential data, bank accounts/cards or personal passwords.
13.2. The CLIENT assumes full responsibility for disclosing his confidential data to any third party.
13.3. SMSAlert declines any responsibility, in the event that the CLIENT is harmed in any way by a third party who claims to be a representative of SMSAlert or to represent the interests of SMSAlert.
13.4. The CLIENT will inform SMSAlert about such attempts, using the contact data displayed on the SITE.
13.5. SMSAlert does not promote SPAM. Any CLIENT who has explicitly provided his e-mail address for receiving commercial communications of the newsletter type, can choose to revoke the agreement either from the CLIENT account (if applicable) related to this e-mail address, or with the fulfillment of the conditions mentioned in art. 6.3. from this document.
13.6. The communications made by SMSAlert through electronic means of remote communication (i.e. e-mail) contain complete and compliant identification data of the sender or links to them, on the date of transmission of the CONTENT.
13.7. The following purposes, once achieved, will be considered attempted fraud on the SMSAlert WEBSITE/CONTENT, the latter reserving the right to initiate criminal prosecution against the person or persons who tried to touch, or ) achieved this goal(s):
14.1. SMSAlert cannot be held responsiblein no way towards any CLIENT who uses the SITE or CONTENT, other than within the limits of the articles constituting the Terms and Conditions.
14.2. If a CLIENT considers that a CONTENT sent by any means by SMSAlert infringes copyright or other rights in any way, he can contact SMSAlert for details, by accessing the contact information, so that the latter can take a decision in the knowledge of the case.
14.3. SMSAlert does not guarantee the CLIENT access to the SITE or the SERVICE, in the absence of the latter going through the stages of registering/accessing the service on the SITE.
14.4. SMSAlert is not responsible for the CONTENT, quality or nature of other SITES that are reached through links from the CONTENT, regardless of the nature of these links. For the respective SITES, the responsibility is fully borne by their owners.
14.5. Depending on the situation, as a rule, SMSAlert is exonerated from any fault, in the case of the use of the SITE and/or the CONTENT transmitted to the CLIENT, by any means (electronic, telephone, etc.), through the SITE, e-mail or of an employee of SMSAlert, when this use of the CONTENT can or does cause damages of any kind to the CLIENT, considering the latter's technological incompatibility and/or to any third party involved in this CONTENT transfer.
14.6. SMSAlert does not offer any direct or indirect guarantees that the SERVICE will be according to the CLIENT's requirements or that it will be provided uninterrupted, secure or without errors of any kind.
14.7. SMSAlert cannot be held responsible if the client uses the services offered and the method of sending messages through any medium provided by SMSAlert is suspended / blocked.
15.1. Except for the cases in which they have not expressly provided otherwise, none of the parties to a concluded contract, which is still in progress, will be responsible for the non-execution on time and/or in an appropriate manner, in whole or in part, of any of the obligations that are due to him based on the contract, if the non-execution of the respective obligation was caused by a force majeure event.
15.2. The party or the legal representative of the party that invokes the event mentioned above, shall immediately and fully inform the other party of its occurrence and shall take any measures available to it in order to limit the consequences of that event.
15.3. The party or the legal representative of the party that invokes the event mentioned above is exempted from this obligation only if the event prevents it from completing it.
15.4. If, within 15 days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of this contract without any of them being able to claim other damages to the other.
15.5. The party invoking the force majeure event must prove the impossibility of fulfilling the obligations within 30 days from the date of occurrence of the event, but within the limits of art. 12.3 applicable SMSAlert.
16.1. By viewing/accessing the SITE and/or any CONTENT sent by SMSAlert to the CLIENT by accessing and/or sending by any means (electronic, telephone, etc.), he must read and accept the provisions of the "Terms and Conditions" DOCUMENT .
16.2. Any dispute with reference to these Terms and Conditions that could arise between the CLIENT and SMSAlert will be resolved amicably, the parties submitting all the necessary diligence in this regard.
16.3. Any dispute, of any kind, that could arise between the CLIENT and SMSAlert or its partners, will be resolved amicably. If this is not possible, the conflict will be resolved by a mediator authorized and agreed by both parties in dispute, and if mediation does not resolve the dispute, the dispute will be referred to the competent courts in Bucharest, in accordance with the laws Romanian laws in force.
16.4. If any of the above clauses is found to be void or invalid, regardless of the cause, this clause will not affect the validity of the other clauses.
16.5. Fr.this document has been drafted and will be interpreted in accordance with Romanian legislation.
17.1. SMSAlert reserves the right to make any changes to these provisions, as well as any changes to the SITE/its structure/SERVICE as well as any CONTENT without prior notification to the CLIENT.
17.2. Within the limits of the Terms and Conditions, SMSAlert cannot be held responsible for any errors that may appear on the SITE for any reason, including changes, settings, etc., which are not made by the SITE administrator.
17.3. SMSAlert reserves the right to insert advertising banners of any nature and/or links on any page of the SITE, in compliance with the legislation in force.
18.1. If there are questions or suggestions regarding SMSAlert, please contact us by calling the phone number +40 771 660 189 or by contacting us via the e-mail address contact@SMSAlert.mobi;
18.2. Any comments, questions, feedback, ideas, suggestions or other communications or information about or relating to the SMSAlert SITE or SERVICES, their functionality or improvement will become and remain the property of SMSAlert, from the date they are sent to SMSAlert, by any means of communication.
Last modified: October 10, 2023