Terms and Conditions of Service

Most recent updated version: September 2022

INTRODUCTION

These General Terms and Conditions ("Agreement" or “Terms”) cover the use of the services and access to the platform offered by Smspool.net operating on https://www.smspool.net. Smspool.net (“we,” “us,” “our(s)) is a business operating at Postbus 29, 1200AA Hilversum, Netherlands registered as SMSPool under the registration number: 78254108

Both Vendor and Customer (“User(s),” “you,” “your(s)”) are entering into a legally binding agreement with Smspool.net regarding our services and platform access. However, when a User transacts on our platform, they enter into a legally binding agreement with the other User.

In this Agreement, Smspool.net and Users are referred to individually as “Party” or jointly as “Parties.”

BY USING OUR SERVICES, YOU INDICATE THAT YOU ACCEPT THESE TERMS, INCLUDING ALL ITS FUTURE AMENDMENTS PUBLISHED ON THIS PAGE. IF YOU DO NOT ACCEPT THIS AGREEMENT, WE RECOMMEND YOU CEASE USING OUR SERVICES IMMEDIATELY.

ARTICLE 1. SERVICES

1.1. Services and Platform. You understand and agree that we provide access to our platform (“Service”), where Users can offer and purchase online SMS verification with anonymized phone numbers. The scope of what Smspool.net offers shall always be according to the most recent definition published on our Website and in this Agreement.

1.2. Ownership Services. Unless agreed otherwise, Smspool.net shall retain all rights, titles, and interests in and to the Services and platform. You agree that we may make any changes to the Services, for example, to improve the quality of our platform.

1.3. User Agreement. Vendor and Customer acknowledge and agree they will exclusively enter into an agreement with each other by interacting on our platform. Smspool.net shall only be the provider of the Services and access to the platform. You acknowledge that completing a transaction on our platform remains your sole responsibility.

1.4. No Warranties. Our Services are provided on an “as is” and “as available” basis. We do not make any warranties as to the merchantability, usability, or fitness for a particular purpose of our Services. We do not make any warranties of any kind, whether expressed or implied, and we hereby disclaim all other warranties other than explicitly mentioned in these Terms.

ARTICLE 2. PLATFORM ACCESS AUTHORIZED USERS

2.1. Platform Access. Subject to the terms and conditions in this Agreement, Smspool.net shall use commercially reasonable efforts to grant you access to our Services and platform. You have read and understood the disclaimer stated in section 1.4, which shall apply accordingly to access our platform.

2.2. Ownership. You understand that our entire platform, including but not limited to all information, texts, and images, shall remain our exclusive property. Only the phone number made available by the Vendor on our platform remains Vendor’s exclusive property.

2.3. No License. Nothing in these Terms shall be construed to grant Users any license, right, or title concerning our Services, software, and intellectual property made available on our platform.

2.4. Authorized User. Each User that has accessed our Services shall be the principal authorized user and the rights in and to the Services are limited to one authorized user only.

2.5. Account Responsibility. You remain responsible for access to our platform, and the use of your login credentials must stay strictly personal and may never be shared with other persons. User will be fully responsible and liable for all access and use of the account. User shall indemnify and hold Smspool.net harmless for any losses or claims resulting from unauthorized access or misused, stolen or lost login credentials.

ARTICLE 3. VENDORS

3.1. Vendor Registration. Once you have completed your registration as a Vendor on our platform, you can start publishing your listing. By doing so, you represent that you own or have all rights in and to the phone number you offer on our platform. Vendor understands and agrees that it is always responsible for the listing submitted on our platform.

3.2. Account Review. We may in our sole discretion review and delete your listings on our platform. 

3.3. Disclaimer. The customer understands and agrees that we are never responsible for the listings published on our platform. Customer and Vendor of our Services shall remain solely responsible for any interactions with other Users on our platform. We only provide access to our platform.

3.4. Purchase Order. Once a Customer makes a purchase on our platform, a legally binding agreement is made with Vendor. We may review and, at our sole discretion, cancel any purchase order made on our website.

ARTICLE 4. FEES, TERMS AND TERMINATION

4.1. Pricing Section. The most recent version of our fees can be found on https://www.smspool.net/#prices, and the most recent information on that page shall apply to our Services.

4.2. Fee Changes. We may amend our fees and payment terms from time to time. Each User shall be notified of any such change in advance. User has accepted the new fees when it continues using our Services after the fees change.

4.3. Commission. Users understand that any sales are subject to a commission, which we will charge according to the most recent applicable fees.

4.4. Withdrawal and Deposits. Vendor may receive its earnings minus the applicable commissions we charge. We may initiate a withdrawal on the first working day of each month. We may apply a withdrawal minimum.

4.5. Transaction Fees.  In addition, we may apply transaction fees for both withdrawals and deposits. Vendor agrees that we only transfer due sums by a direct bank transfer, unless indicated otherwise. You understand and acknowledge that any extra fees that Payment Service Provider charges, may be charged by us to you.

4.6. Taxes. Vendor shall always remain responsible for all applicable taxes, such as income tax, VAT, and any other tax that may apply according to the applicable law.

4.7. Cancellation and Refunds. Users are eligible for a refund if they have not used their outstanding balance, and within fourteen (14) days after the purchase has been made. In case a User is eligible for a refund, we shall repay the owed sums with the use of the same payment method as the User has made its online purchase.

4.8. Credit Card Chargebacks. In the event Customer has performed a credit card chargeback or otherwise reverse any payment(s) made to us, we may, in our sole discretion, immediately terminate your account. All charges we make for purchases are non-refundable, and we will never make refunds for partially used Services.

ARTICLE 5. DISCLAIMER AND INDEMNIFICATION

5.1. Disclaimer. Smspool.net makes no warranties, either express or implied, or any implied warranty of merchantability or fitness for a particular purpose. User understands to accept our Service on an "as is" basis with no representation of any kind, express or implied. Smspool.net never represents that the Services will be error-free.

5.2. Indemnification. Users indemnify and hold harmless our Company and its officers, employees, agents, and subcontractors against all liability, cost, or damage(s) including reasonable attorney's fees, arising out of and in connection to this Agreement, the use of the Services, any act or omission of User. The aforementioned indemnification applies accordingly to any acts or omissions from Users employees, contractors or affiliates and claims related to unauthorized access, disclosure or exposure of personally identifiable data, leading to an individual claim, class action suit or a government fine.

ARTICLE 6. Abuse and Account Termination. 

6.1. Abuse. You must not abuse or exploit Smspool.net’s platform or interfere with our Services. The use of our Services in breach of this Agreement or any applicable laws or regulations is strictly forbidden. Any violation of this section shall mean the immediate termination of your account, and we may withhold any outstanding balances as a result. 

6.2. Account Suspension. We may suspend or terminate in our sole discretion your access to our Services and platform. Moreover, Smspool.net may refuse access to our platform to anyone at any time.

6.3. Rules. When using our Services, we may share additional platform rules, and if you in our opinion violate such rules, we may terminate this Agreement with immediate effect. 

6.4. Fraud. In case we have detected fraudulent activities on our platform, we shall immediately report such conduct to the authorities and law enforcement agencies. In addition, your access to our platform shall be terminated with immediate effect.

ARTICLE 7. MISCELLANEOUS 

7.1. Compliance. Each Party represents and warrants that its company is duly organized, and in good standing in the jurisdiction where it resides. The execution and delivery of this Agreement have been validly authorized by their company’s representative. You understand that this Agreement constitutes a valid, binding, and enforceable obligation.

7.2. Notifications. All notifications between Parties under the terms of this Agreement will be given in writing to the known (email) addresses of Parties.

7.3. Severability. If any condition or stipulation in these Terms is found to be unlawful, invalid or unenforceable, Parties will attempt in good faith to agree to amendments that will preserve, as far as possible, the original intentions expressed in the Agreement. In case Parties fail to agree on such a change, the invalid term or condition will be separated from the remaining terms and conditions, and the remainder of the Terms will continue to be valid and enforceable to the fullest extent permitted by law.

7.4. Assignment. These Terms nor any rights or obligations in this Agreement may be assigned or otherwise transferred by Users, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Smspool.net. 

7.5. General Terms User. In case User refers to its own general (purchase) terms and conditions, they are hereby expressly rejected by us and shall have no force or effect between Parties.

7.6. Headings. The Headings in these Terms are used for reference purposes only and will not be of any decisive when interpreting these Terms.

ARTICLE 8. APPLICABLE LAW, FORUM AND DISPUTE RESOLUTION

8.1. Applicable Law and Competent Court. The validity, interpretation, and performance of these Terms shall be governed by the laws of the Netherlands without regard to the conflicts of law provisions that might apply. The Parties hereby agree that any action, proceeding, or claim against it arising out of or relating in any way to this Agreement shall be brought and enforced in the competent court in Amsterdam, the Netherlands.

8.2. Dispute Resolution Clause. The Party who claims first there is a conflict will send the other Party a written notice explaining the nature of the dispute. The Parties will subsequently make an attempt to resolve the dispute through direct negotiation among the Parties, or by persons who have been assigned to resolve the dispute using such direct negotiations. If the Parties are unable to resolve the dispute within fourteen (14) business days from the day of receipt of the notice referred, we may submit the conflict to an independent person or institution that will deliver a non-binding opinion regarding the dispute.