Terms and Conditions

General terms and conditions

These are the general terms and conditions of Robo SMS (“Robo SMS”). The following terms and conditions describe under which conditions you (“User”) are entitled and able to use the offered services on www.Robo SMS.com. By registering, you accept the following Terms and Conditions. If you have any questions regarding these Terms and Conditions, you can contact us by using the contact form.

General

  1. Robo SMS reserves the right to modify these Terms and Conditions at any time. In the event the User does not accept the modified Terms and Conditions, Robo SMS will reserve the right to cancel the account.
  2. These Terms and Conditions apply to all offered services and in the context of the offered services: offers, tenders, and agreements by and between Robo SMS and User.
  3. Any deviations from these Terms and Conditions are only valid if agreed upon explicitly in writing.
  4. The applicability of any purchase, delivery or other conditions of User is expressly rejected. By completing the registration form the User expressly agrees to these Terms and Conditions.

Services/Price

  1. All prices referred to herein do not include taxes.
  2. Robo SMS cannot be held to its offers if the User could reasonably understand that the offer or tender or a part thereof contains obvious mistake(s) or error(s).
  3. Robo SMS reserves the right to change prices at its sole discretion. In the event prices are subject to change, such change shall at any time be mentioned on the website of Robo SMS.
  4. Robo SMS shall not be liable for any short-term or long-term interruption of the data transmission to the mobile phone of the User/receiver. Robo SMS expressly does not guarantee that an SMS message is always received properly and on time and does not guarantee the complete and permanent availability of all services.
  5. All periods and dates specified by Robo SMS are target dates unless expressly agreed otherwise in writing. Robo SMS will only be in default after having been given a notice of default in writing and after being granted a reasonable recovery period. Robo SMS is entitled to have certain proceedings or services carried out by third parties.
  6. All payments to Robo SMS must be made on a prepayment term. Within 14 days after the payment date, in a manner specified by Robo SMS, a proper receipt will be sent to customers.
  7. The user is not entitled to set off any (alleged) counterclaims on Robo SMS against receipts of Robo SMS.

User’s obligations

  1. User must in every respect behave as a responsible and careful internet user and SMS sender. When using the Robo SMS services, User is required to take into account the applicable legal rules and the rules set by Robo SMS. User guarantees to act in accordance with international rules of conduct for SMS services and indemnify and holds Robo SMS harmless for damages caused by acts in violation of these rules of conduct.
  2. User is fully responsible for the content of SMS messages sent by User, customers of the User or a third party at the request of the User. User indemnifies and holds Robo SMS harmless for damages resulting from the content of sent SMS messages.
  3. User will not send messages which include content or expressions that harms or can harm the interests of Robo SMS or its Suppliers.
  4. User will not in any way make use of the services of Robo SMS for utterances which are; unlawful, pornographic, abusive, racist, discriminatory, inflammatory and/or illegal in any way, which shall be determined at the sole discretion of Robo SMS. The user guarantees that the use of Robo SMS services by him, will in no way infringe upon the rights of third parties.
  5. Robo SMS is entitled to view – electronic or otherwise – any messages (sent or to be sent) from User, in order to see whether the content meets or does not infringe the provisions of this article.
  6. Robo SMS is authorized to suspend the performance of its obligations or terminate a contract if User does not (fully) fulfill his obligations. Furthermore, Robo SMS and User are entitled to terminate (or have terminated) a contract for the supply of services if the other party is in suspension of payments, files for bankruptcy or is declared to be in a state of bankruptcy. If at the time of termination/cancellation, the User has already received any performance of the services, such services and related payments will not be subject to cancellation. Amounts in respect of already performed services – invoiced before the termination – will be immediately due and payable at the moment of termination. Without prejudice to its other rights, Robo SMS is among other reasons entitled to terminate the agreement with immediate effect when:
    • User fails in the performance of his/her obligations, or is in violation of the terms of the Agreement;
    • Robo SMS considers the User’s medium might be contrary to public order or morality, or could in any way be considered to be offensive or violent;
    • Robo SMS and/or its interest could in any way be harmed by the acts of the User.
  7. Robo SMS has the right to terminate the registration of a registered User if the User has not used the services of Robo SMS for a continuous period of twelve (12) months. Any remaining credits will be canceled.
  8. Complaints with regard to performed services should be reported by means of a written notice by the user to Robo SMS within 8 days as of the date of discovery. The notice must contain a description of the failure as detailed as possible, so Robo SMS is able to respond adequately. If a complaint is legitimate, Robo SMS will perform its service (again), unless such performance demonstrably does no longer serve the User’s interest. The latter should be expressed in writing by the User.
  9. User is not allowed to use Robo SMS’s services for actions and/or behaviors that are in breach of or contrary to applicable laws, regulations, the agreement or these Terms and Conditions. This includes, but is not limited to, the following actions and behaviors:
    • spamming: sending unsolicited SMS with the same content;
    • violating copyright works or any other conduct which violates the intellectual property rights of third parties;
    • deception of others;
    • abusing the texts, or the information from Robo SMS;
    • offering products or services that are not User’s, without the consent of the rightful owner;
    • offering products or services which are not legal under the law of recipients.
  10. If User acts contrary to the provisions of this article, Robo SMS has the right to terminate the agreement with the User with immediate effect and to charge User with an immediately payable penalty of € 5.000 per event. This penalty does not affect the right of Robo SMS to claim higher damages relating to this matter. Any damage to Robo SMS or third parties caused by acts contrary to the provisions of this article can be recovered from the User.

Terms of payment

  1. User shall be due to a fee (as determined by Robo SMS) per SMS message. Payment will be made in the manner specified by Robo SMS.
  2. Robo SMS is entitled to change its fee for SMS messages. If User does not wish to accept the changes regarding the fee and/or costs, the User is entitled to terminate the agreement.
  3. Robo SMS works based on prepaid (prepayment). User buys SMS credit (credits) and can use the purchased credit after payment.
  4. No rights can be derived from the credits. Any remaining credits at the end of the contract will be canceled as a result of the termination, this without an obligation for Robo SMS to refund.
  5. For payments over 500 Euro, we advise using a bank wire.

General liability

  1. Robo SMS is never liable for any damages suffered by the User as a result of a failure in the performance of the agreement, unless in the event of gross negligence or willful misconduct of Robo SMS.
  2. If Robo SMS is liable for any damages whatsoever, such liability is limited to what is provided for in these Terms and Conditions.
  3. Besides the cases mentioned in this article, Robo SMS shall not be liable for damages, regardless of the grounds on which an action for damages will be based.
  4. The total liability of Robo SMS due to attributable failure in the performance of a contract is limited to direct damages up to the amount of the stipulated service fee or charge for a period of up to six (6) months, with a maximum of 5.000 euro.
  5. Robo SMS is never liable for indirect damage, also including consequential damage, lost profits, lost data, lost savings and damages due to business stagnation.
  6. Robo SMS is committed to safely transferring User’s data. Robo SMS, however, does not guarantee the complete security of such data. The use of Robo SMS services is, with regard to the security of data, at User’s own risk.
  7. User indemnifies Robo SMS for any and all claims by third parties concerning intellectual property rights on material or data provided by the User made available by the User, for the performance of the services. The user also indemnifies Robo SMS for other possible claims by third parties who suffer damages in connection with the performance of the services and which are attributable to the User.

Privacy

  1. Robo SMS will not use data from the User for purposes other than the provision of services and will not sell such data to a third party.
  2. Robo SMS will not disclose any personal information of Users if explicit consent is not granted or in the exceptional circumstance that such information is required for legal purposes.
  3. Robo SMS will comply with the applicable regulations regarding privacy. In case there is a legal obligation Robo SMS will present data from User to third parties.
  4. The information within Robo SMS’s storage is password protected so that only the User has access to the User’s personal and account information. The username and password supplied by Robo SMS to User are strictly personal and should be kept secret. The user is responsible for the abuse of the username/password and shall immediately notify Robo SMS of any loss, theft and/or abuse.
  5. Robo SMS takes several measures to keep her and your data as secure as possible, but Robo SMS cannot guarantee the safety of the data. The measures Robo SMS takes in that context shall include (but not exclusively):
    • Time restricted access to sensitive components;
    • Employee access to data on a need-to-know basis;
    • Four eyes principle for several data including financial data;
    • Extensive logging and monitoring (internal & external);
    • Outsourcing policy with a confidentiality agreement;
    • Data retention policy;
    • Use of an internal and external Compliance Officer to validate that the internal procedures are being met required PES (Pre-Employment Screening), including a certificate of good conduct for each newly hired employee.

GDPR

  1. Robo SMS continues alignment to comply with the General Data Protection Regulation 2016/679. The EU 2016/679 General Data Protection Regulation will, starting with 25.05.2018, impose a single set of rules at EU level, being directly applicable and implicitly abrogating from this date the local normative act - Law 677/2001.
  2. What does GDPR bring?
    • New rights for new and existing clients, such as the right to be forgotten and the right to data portability.
    • Specific, clear and simple provisions, easy to understand.
    • Enhanced cooperation between supervisory authorities in the case of data processing involving people from several EU Member States.
    • One stop shop rule, which establishes the competent authority.
    • Accountability of data operators.
  3. Responsibilities of the user of the services offered:
    • Receive and store the consent of the data subject (whose data is processed) or prove the legal basis on which it processes the data.
    • To inform clients about data collected and processed.
    • Inform clients about the period for which data is stored.
    • Delete or anonymize data if it receives such a request from a customer.
    • Securing sites and applications installed on servers and hosting accounts.
  4. Responsibilities of Robo SMS:
    • Store the data entered on the servers in confidentiality.
    • Limit access only to people who work directly with Robo SMS (developers and technical support) and ensure that people are instructed to take the necessary steps to take for maximum data protection.
    • Not sell or transmit to third parties data stored in the application or hosting accounts.
    • Take proactive measures to protect stored data.
    • Report any data breaches to customers and authorities.
  5. About storage:
    • The data will be stored on its own servers collaced in a professional, secure datacenter, with limited access only to authorized persons.
    • Data is and will only be stored within the European Union.
    • Backups of data will only be stored in secure and secure locations.
    • The data will be retained for the contract period.
    • The data will be automatically deleted as a result of customer requests and the client will be informed of the backup period that may still contain the data.
    • The external partners we collaborate with (Google, Facebook, and others) are periodically checked to maintain compliance with GDPR.
  6. What does Robo SMS do to GDPR compliance?
    • We have generated internal procedures to keep track of personal data collected.
    • We have repeatedly instructed employees in the procedures and best practices needed to protect the data.
    • We have conducted internal audits to verify procedures to be continually deployed and to quickly detect any security or data breaches.
    • Computers and information are stored in secure and secure locations with monitored access.
    • Data stored in the backup system is encrypted.

Miscellaneous

If the agreement, for whatever reason, has been terminated, Robo SMS has the right to block the access to the User’s account.