Article 1:

The company hereinafter referred to as ‘Opportunity’, located at 25 rue de Ponthieu, 75008 PARIS, FRANCE, is referred to as the supplier.
SAS with capital of €1,021,285.00, RCS Paris number: 481 483 626.

A customer is the natural or legal person who signs the online order form.
Identifier” means the user name/password pair enabling the Customer to identify him/herself on the network.
Customer space is the storage space allocated by Opportunity to each customer.
A netiquette is a set of rules for Internet users, including:

• Do not send mass text messages to people who have not requested them (‘Junkmail’ or ‘Spam’).
• Do not post a message in one or more newsgroups with content unrelated to the theme of these groups.
• Respect copyright.
• Do not go against RFC1855

Article 2:

The purpose of this contract is to define the terms and conditions under which Opportunity makes its products available to its customer: SMS offer and any SMS+ offer.
The full Opportunity allmysms offer can be found at: https://www.allmysms.com. The order form displayed online forms an integral part of this contract. Any order of one or more Opportunity products online implies acceptance of this contract.
With regard to SMS packs, there is no fixed period of validity provided that tariffs do not increase, in which case the validity of the packs will be fixed at one year from the date of purchase, as evidenced by the invoice.
Any default or delay in payment by the customer will result in automatic termination of this contract. Opportunity reserves the right to terminate this contract at any time and without notice, subject to sending a registered letter to the client (to the address provided when registering online). In the event of non-payment, breach of the Terms of Use, or for any other reason at Opportunity’s discretion, Opportunity shall have the right, without notice and immediately, to suspend the customer’s account and refund the unused balance of the payment. In the event of a breach of the service usage policies or fraudulent use of the platform, the customer’s account may be suspended without refund.

Article 3:

3.1 – The identifier :

Following the online order and validation of payment for the product, the customer receives an identifier at the e-mail address shown on the order form. This identifier is used to manage the Opportunity products ordered by the customer (access to the customer area).

3.2 – Customer Area :

Opportunity offers to host its customer databases and number lists on its servers, free of charge or on payment of a rental fee, the cost of which depends on the product chosen by the customer. Opportunity undertakes not to divulge or use the customer databases hosted on its servers under any circumstances.
The customer has complete freedom as to the content of the sms and sms+, limited to 160 characters for the SMS offer.
When the SMS+ message is returned, the words ‘edited by msinnovations’ will be included in the sms-mt in accordance with the regulations governing sms+ and in compliance with the laws and regulations in force in France and in the country of origin. In particular, it is forbidden to publish any form of directly or indirectly associated content:

• pornography
• pirated programs ( MP3, cracks … )
• scams ( Payplay fishing, etc…)
• of a racist, antisemitic or profane nature

Opportunity reserves the right, at any time and without prior notice, to refuse to send text messages containing any content that it considers to be in breach of French or international law or netiquette.

Article 4:

The customer undertakes to provide accurate and sincere information when registering. The customer undertakes to inform Opportunity of any change in the information provided and will be solely responsible for any malfunction that may result from incorrect information.
The customer assumes sole responsibility for any infringement of the intellectual or industrial property of third parties, public order and morality and any other dispute concerning the sms message(s) sent by Opportunity.
The customer is solely responsible for the choice of the content of the sms messages. In no event will Opportunity be liable for any claims relating to the content of sms messages.
The customer must maintain a valid email address and postal address. The information will be updated via the web interface provided for this purpose.
The customer undertakes not to penetrate Opportunity’s computer systems or attempt to do so.
In the event of incomplete or erroneous information, missing documents or non-compliance with the naming policy, Opportunity will suspend all applications and no credit note or refund will be issued. You then have 14 days to provide us with the necessary information. After this period, your order will be cancelled.
In accordance with Article 34 of French Law 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, you have the right to access, rectify and delete your personal data. We may send you information about our products. Under no circumstances do we provide your contact details to third-party companies.

Article 5:

Opportunity undertakes to do its utmost to record and send sms messages once the corresponding order has been paid for. However, this is an obligation of means and under no circumstances an obligation of result.

5.1 – Content:

Opportunity has no control over the content sent by the customer, either through the customer area or by mail. Under no circumstances will Opportunity be held responsible for any action or recourse by third parties, in particular as a result of:
Information, sounds, images, texts and any multimedia document contrary to the legislation and regulations in force, contained and/or distributed on its customer area by the customer.
Infringement of intellectual property rights relating to the works contained or distributed, in full or in part, on the customer’s customer space.

5.2 – Accessibility:

Due to the characteristics and limitations of the Internet, which the customer declares to be aware of, Opportunity cannot in any way be held responsible for the speed at which sms messages are sent around the world or for any slowdowns or difficulties in accessing the customer space. Nor can Opportunity be held responsible for the non-delivery of sms messages or emails due to the same limitations and characteristics of the Internet. Opportunity reserves the right to temporarily interrupt access to its services for reasons of maintenance and/or improvement without any right to compensation. However, Opportunity undertakes to use its best endeavours to minimise such interruptions.

5.3 – Security:

Opportunity cannot be held responsible for malicious access to the customer’s account or for hacking into the customer’s mailbox, despite all the security measures taken by Opportunity.

5.4 – Denial of guarantees:

Opportunity’s service is provided on an as-available basis. Opportunity specifically disclaims any other warranty, including any warranty of merchantability or fitness for a particular purpose. In no event shall Opportunity be liable for any consequential, indirect, special or incidental damages. Even if Opportunity has been advised by the customer of the possibility of such loss or damage. If Opportunity’s service to the customer is disrupted, or fails to operate for any reason, Opportunity is not liable for loss of revenue due to disruption of service.

5.5 – Force majeure:

Opportunity will not be held responsible for any delay or non-execution when the cause of the delay or non-execution is due to the occurrence of a case of force majeure usually recognised by jurisprudence. The case of force majeure suspends the obligations arising from the present contract for as long as it exists. However, if the case of force majeure lasts for more than 30 consecutive days, it will entitle either party to terminate this contract ipso jure eight days after sending a registered letter with acknowledgement of receipt notifying this decision.

5.6 – Compensation:

The customer agrees to defend, indemnify and hold the provider harmless against any loss, damage or claim, (including attorney’s fees) related to the use of the service provided by the provider to the customer under this agreement, including but not limited to: false advertising, liability claimed for product or service sold by the customer, copyright or trademark, interruption or defect in the operation of the service or for any content submitted by the customer.

Article 6:

Any default or delay in payment by the customer will result in automatic termination of this contract. The client may terminate the subscription before the end of the term by notifying Opportunity in writing (registered letter with acknowledgement of receipt). This will not result in any refund.
If you do not wish to renew your contract, simply do not respond to our reminders.
In addition, in accordance with article 441-6 of the French Commercial Code, late payment penalties will be due in the event of non-payment and will be calculated at a rate of 3 times the legal interest rate in force, as well as a fixed indemnity for collection costs of 40 euros. Early payment of invoices will not give rise to any discount.

Article 7:

The prices of the SMS messages and services offered are those stated on the order form. They include all taxes and are payable within 30 days. Opportunity may change its prices at any time without notice. The price of services paid in advance is guaranteed for the period concerned. Opportunity reserves the right to pass on without delay any new tax or any increase in the rate of existing taxes.