We assure you that they are no hidden costs or subsciptions! Agreement: The user is responsible for sending and receiving text-messages through our service. He will pay all damages by himself.
General terms and conditions fakemysms.com
- subsequent "provider" –
and the occupants
- subsequent "user"
for these applications to close.
§1 area of application, terminologies
(1) These applications (subsequent “Application” is an App that’s available for download. Furthermore, the application is among the internet addresses.
(2) For the business connection between fakemysms.com entrepreneurial company (subsequently referred to as “provider”) and the user apply following general terms and conditions in their respectively relevant version. Different conditions of the user will not be acknowledged, unless the provider accepts the importance specifically.
(3) The user is a consumer, if the purpose of classified supplies and services cannot be attributed for someone’s industrial or independent occupation. Therefore, employers are every natural or judicial person or business partnership with legal capacity, who act at the conclusion of the contract in exertion of their industrial or independent occupation.
(4) The offered services are addressed exclusively to consumers. The use of the offered services for commercial purposes is not permitted. User, who have not reached the 18th year of life, are excluded from the use of this offered services.
§2 object of agreement
(1) The provider allows the user to send “funny” text-messages to recipients in the area of the private life of the user, in which the user is able to determine the source identifier of the text-message freely. The user is able to use the application, e.g. for private events, such as the preparation for a marriage proposal, stag parties and other private surprises.
(2) The disposal of legally binding declarations about the application is not permitted. It should be specifically noted, that the evocation of errors at the receiver may have serious legal consequences for the user.
§3 Responsibilities of the provider / message transmission
(1) The provider prepares the possibility for user to send text-messages with a length up to 160 characters and to interject the message in a telecommunication network.
(2) The user is aware that the provision and quality of mobile services in the reception and the transmission range of the wireless network used at certain times and certain places (such as for technical reasons or due to necessary maintenance and repair work) may be affected.
(3) The provider agrees, therefore, only to pass the message to the operators of a telecommunications network, which takes over the further transmission. The further submission is the sole responsibility of respective telecommunications network operators.
§4 Responsibilities of the user
(1) The user is responsible for the content and the effect of the text-message which were sent by him. The user may not abuse the services of agency, in particular, no spreading of immoral or distribute illegal content, no offending against criminal law or regulation to protect young people and no violating to any rights of third persons.
(2) The user is bound to refrain from sending a text-message with the application, if the user cannot exclude that there won’t be an adequately causal damage to the recipient or the third party by sending the text-message.
(3) The user is still bound to collaborate proactively to the investigation of an error and to abandon the development of damage to the recipient or a non-involved third party in advance.
(4) In case that the provider will be claimed, due to shipping of a text-message by the receiver of the message or a third party, the provider will discharge the user in the internal relationship.
§5 Charges / Term of payment
(1) The charges for transmission of text-messages can be seen in the respective price list and price marking. The Value Added Tax (VAD) is included in the price.
(2) In case of using the application over the internet address, the user is able to make the payment via PayPal or via the payment service www.sofort.de. In case of using the downloaded application the user is able to make the payments with the In App Purchase.
(1) Claims of the user for damages are excluded.
(2) In addition, the provider closes its liability out.
In the event of a valid revocation of this agreement each party shall return to the respective other party the benefits received. Can you give us the received performance whole or just in parts, only in a declined condition you have to pay compensation for the lost value. This can cause you to achieve your contractual payment obligations for the period up to cancellation. Obligations to restitution payments have to be fulfilled within 30 days. The time limit begins for you when you send us your cancellation notice, and for us at receiving. Your right of cancellation expires prematurely, if the contract is fulfilled by both parties at your specific request, unless you have exercised your right of withdrawal. End of revocation instructions.
§8 Details for the data processing
(1) The provider may charge for the provision of services through the continued execution of the customers data. He considers though the relevant data protection legislation, in particular the Federal Data Protection Act and the Telemedia Act. Without the agreement of the customer, the provider is going to collect, process or use the supplier inventory and usage data, as appropriate for the execution of the contract.
(2) The following information are collected: Inventory data
- email address of the user
- device ID of the sent mobile phones (if existent)
- payment data
- addressor and recipient numbers
- date and time of the mail-order
- content of the text-message
- IP-address of the sending computer (if existent)
The provider engage to delete immediately the usage data after execution of the internal business processes (e.g. the invoicing practice). This excludes sucht data or rather constituent parts of such subject to the statutory requirements for longer retention periods (e.g. GoBS). The inventory data will be deleted after the final processing of usage data, or after a period of inactivity of 4 weeks. Unless there are long safekeeping periods.
§ 9 Consent
The user agrees that the provider disposes the stored information of text-messages to the recipient of the text-message or their legal representatives in the case of protection of justified interests or due to official order in the database of the provider in connection with the dispatch of the text-message according to § 8 paragraph 2 of the General Terms and Conditions.
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