Terms and Conditions of Use

1. Introduction

Welcome to the websites esim.sendSMS.ro / nextSIM.eu!

Please read these Terms and Conditions of Use carefully. By accessing and using this website, you accept the terms, which constitute a distance contract between you and SC SendSMS Solutions SRL.

SC SendSMS Solutions SRL - Company Details:

• Company Name: SC SendSMS Solutions SRL
• Unique Identification Code (CUI): RO 30242804
• Trade Register Number: J40/5982/2012
• Registered Office: Str. Mircea Zorileanu no. 43, Sector 1, Bucharest, 012055, Romania

These Terms and Conditions are governed by Romanian law, including Law No. 365/2002 on electronic commerce and Government Emergency Ordinance No. 34/2014 on consumer rights in distance contracts.

In case of disputes, the parties will first attempt an amicable resolution within 30 business days from the date of the complaint. If no agreement is reached, the dispute will be handled by the competent court in the jurisdiction of SC SendSMS Solutions SRL’s registered office.

SC SendSMS Solutions SRL reserves the right to modify these Terms and Conditions at any time, without prior notice. Users are responsible for checking this page periodically.

2. Applicability

These terms apply to all users of esim.sendSMS.ro / nextSIM.eu, regardless of the purpose of accessing the website.

3. Copyright

SC SendSMS Solutions SRL owns the copyright over the content of this website. Any unauthorized use is prohibited and may result in legal liability.

4. Content, Information, and Liability

The information on this website is for informational purposes only and does not constitute a legally binding offer. Users must verify the accuracy of the provided data before making important decisions.

SC SendSMS Solutions SRL is not responsible for any errors or omissions in the displayed content.

5. Usage License and Restrictions

Users are granted a limited, non-exclusive license to access the website without modification rights.

The following activities are prohibited:

• Reselling or commercially exploiting the website’s content.
• Automatic data extraction using technologies such as data mining.
• Using the service for SPAM messages or fraudulent activities.

Violation of these restrictions may result in suspension or permanent blocking of website access.

6. Service Availability

The website is provided "as is" and "as available". SC SendSMS Solutions SRL does not guarantee uninterrupted access and is not responsible for possible malfunctions.

7. AI Chat Service Usage

7.1. Service Description

The AI Chat service is provided for general assistance, functioning as an automated virtual assistant.

7.2. Limitations

The AI Chat does not provide legal, financial, or medical advice.

7.3. Information Usage

Users must verify the information provided by the AI Chat before making important decisions.

7.4. Confidentiality

Users are advised not to share sensitive personal information during conversations with the AI Chat.

7.5. Availability and Changes

SC SendSMS Solutions SRL may modify, suspend, or discontinue the AI Chat service without prior notice.

8. Terms and Conditions for eSIM Service

8.1. Introduction

These terms govern the use of eSIMs and mobile data plans sold via https://www.nextsim.eu/ and https://esim.sendsms.ro/.

8.2. Definitions

• eSIM – A digital SIM card activated without a physical card.
• Data Plan – A mobile data package available in a specific geographic area.
• Provider – SC SendSMS Solutions SRL.

8.3. Unlimited Data Plans

Unlimited Standard

• Provides 1 GB of data at maximum speed, valid for 24 hours.
• After consuming this volume, the user benefits from unlimited data at a speed of 512 Kbps.
• The 24-hour period starts upon first use and resets daily.

Unlimited Plus

• Provides 2 GB of data at maximum speed, valid for 24 hours.
• After consuming this volume, the user benefits from unlimited data at a speed of 2 Mbps.
• The 24-hour period starts upon first use and resets daily.

All eSIMs allow hotspot usage, but users should be aware that using them on a computer may quickly deplete the available data.

8.4. User Eligibility

The services are available only to individuals with full legal capacity.

8.5. Purchasing eSIMs and Data Plans

• No account creation is required for purchasing products.
• To complete a purchase, users must provide the necessary payment information.
• Once the payment is completed, the eSIM and purchased data plan will be delivered electronically via email or other digital means.

8.6. Payment

• Payments for all products available on https://www.nextsim.eu/ and https://esim.sendsms.ro/ are processed exclusively via credit/debit card.
• Payments are handled by authorized payment processors, complying with PCI DSS security standards.
• SC SendSMS Solutions SRL does not store or have access to users' payment card details.

8.7. Return and Refund Policy

• Due to the digital nature of the products, all sales are final, and returns or refunds are not possible, except when the service was not delivered.
• In case of a technical error, users must contact support at https://www.sendsms.ro/ro/contact/ within 7 days of purchase.
• Refunds are processed only in justified cases and are issued using the same payment method as the purchase.

8.8. Limitation of Liability

SC SendSMS Solutions SRL is not responsible for:

• Indirect, incidental, or consequential damages caused by using purchased products.
• Technical issues affecting the provision of eSIM services caused by third parties, including mobile network operators.
• User errors, such as incorrect email addresses for delivery.

Liability is limited to the value of the purchased product.

8.9. Intellectual Property Rights

All materials and content on https://www.nextsim.eu/ and https://esim.sendsms.ro/, including text, images, logos, and software, are protected by copyright and intellectual property laws.

Users may not copy, distribute, reproduce, or use these materials without written permission from SC SendSMS Solutions SRL.

8.10. Modifications to Terms and Conditions

SC SendSMS Solutions SRL reserves the right to modify these Terms and Conditions at any time, without prior notice.

• Any changes will be published on this page.
• Continuing to use the service after modifications constitutes acceptance of the new terms.

8.11. Governing Law and Jurisdiction

These Terms and Conditions are governed by Romanian law.

• Any dispute arising from the use of https://www.nextsim.eu/ and https://esim.sendsms.ro/ will be resolved by the competent courts in Romania.

9. Contact and Technical Support

For questions, technical support, or complaints, users can contact SC SendSMS Solutions SRL at:

• Website: https://www.sendsms.ro/ro/contact/
• Support Email: [email protected]
• Registered Office Address: Str. Mircea Zorileanu no. 43, Sector 1, Bucharest, 012055, Romania
• Phone: +40 (0)31 710 1210

10. Compliance with the Digital Services Act (DSA - EU Regulation 2022/2065)

SC SendSMS Solutions SRL complies with EU Regulation 2022/2065 on Digital Services (DSA) and is committed to providing safe, transparent, and legally compliant digital services.

10.1. Obligations Regarding Content and Services

• Transparency: Information provided on esim.sendSMS.ro / nextSIM.eu is clear and accessible to users, and the Terms and Conditions are easy to understand.
• Digital Safety: Measures are taken to prevent the distribution of illegal content on digital platforms.
• Reporting Inappropriate Content: Users can report illegal or non-compliant content using the contact form available at https://www.sendsms.ro/ro/contact/.

10.2. Consumer Protection and Advertising

• User Protection: SC SendSMS Solutions SRL respects consumer rights regarding data privacy and the right to information.
• Transparent Advertising: Any commercial communication or advertising on the website is clearly marked, and user data is not used without explicit consent.

10.3. Liability for Content

• SC SendSMS Solutions SRL is not responsible for content generated by third parties (e.g., mobile service providers) but makes efforts to ensure accuracy.
• If required by competent authorities, SC SendSMS Solutions SRL will cooperate to remove illegal content.

10.4. User Rights and Complaints

• Users have the right to report any non-compliant content or activity through the support channels listed in the Contact and Technical Support section.
• Any disputes regarding DSA compliance will be resolved under EU and Romanian legislation.

11. Quality of Service (QoS - Quality of Service)

11.1. What is QoS - Quality of Service?

Quality of Service (QoS) is a set of technologies used in telecommunications networks to manage and prioritize data traffic, ensuring optimal performance for specific applications and users.

QoS aims to guarantee a specific level of connection quality based on the type of data traffic and user needs.

The main aspects managed by QoS include:

• Bandwidth Allocation – Ensuring critical applications, such as video conferencing and VoIP calls, receive sufficient bandwidth.
• Latency Reduction – Minimizing delay in sending and receiving data, crucial for real-time applications such as online gaming and instant messaging.
• Jitter Control – Reducing variations in data packet transmission, essential for video and audio streaming.
• Packet Loss Management – Optimizing data transmission to minimize data loss, especially for video streaming applications.
• Data QoS – The real data transfer speed may vary due to external factors such as location, radio coverage, network congestion, and signal quality. The default AMBR (Aggregated Maximum Bit Rate) setting is 350 Mbps for downloads and 100 Mbps for uploads.

12. Acceptable Use Policy (AUP) – NextSIM.eu

The Acceptable Use Policy (AUP) establishes the standards for using NextSIM.eu services and prohibits abusive, illegal, or fraudulent activities.

By using NextSIM.eu services, users accept and agree to comply with this Acceptable Use Policy.

12.1. Applicability

This policy applies to all NextSIM.eu service users, including Covered Users (through distributors).

Users are responsible for:

• Informing other users of the existence and modifications of this policy.
• Accepting and enforcing this policy on behalf of all Covered Users.

12.2. Prohibited Activities

The use of services is only permitted for lawful purposes. The following activities are strictly prohibited:

a) SPAM and Fraudulent Activities

• Sending unsolicited bulk emails.
• Using the services for online fraud (e.g., phishing, scams).

b) System Interference

• Causing disruptions in networks or communication devices.
• Unauthorized monitoring or interception of network traffic.

c) Unauthorized Access and Data Collection

• Illegally accessing information systems.
• Collecting personal data without consent.

d) Illegal Activities and Prohibited Content

• Posting offensive, violent, fraudulent, or illegal content.
• Distributing copyright-protected materials without permission.

12.3. Bandwidth Abuse

Services are intended for standard mobile internet usage. The following are prohibited:

• Downloading or uploading large files (over 300 MB).
• Continuous or excessive streaming of TCP or UDP data.
• Using an eSIM as a router for multiple devices.
• Using P2P networks (e.g., BitTorrent, uTorrent).

12.4. Enforcement of Violations

Violations of this policy may result in immediate suspension or termination of services, without prior notice.

SC SendSMS Solutions SRL reserves the right to modify this policy and take legal action against violations.

13. Payment Methods

13.1. Online Payments

• Payments for esim.sendSMS.ro / nextSIM.eu services are processed exclusively through authorized payment processors.
• Transactions are secured under PCI DSS compliance standards.
• Prices are displayed in EUR (Euro), and conversions to RON (Leu) are made at the exchange rate on the invoice date.

esim.sendSMS.ro / nextSIM.eu is not responsible for bank fees related to currency exchange.

13.2. Bank Transfer Payment

• Users can choose the "Pay by Bank" option, which generates a pro forma invoice for bank transfer payment.

14. Privacy and Security

14.1. Privacy Definitions

• Personal Data – Any information that can identify a user.
• Processing – Collection, storage, usage, and sharing of personal data.
• Operator – SC SendSMS Solutions SRL, which determines the purpose and means of processing personal data.

14.2. Collection and Use of Personal Data

esim.sendSMS.ro / nextSIM.eu collects personal data only with user consent and uses it for:

• Providing services and improving user experience.
• Billing and payment processing.
• Enhancing platform security.

14.3. Security of Personal Data

• Users are responsible for securing their accounts (e.g., passwords, two-factor authentication (2FA)).
• SC SendSMS Solutions SRL employs advanced security measures to prevent unauthorized access.
• Any attempt at fraud, hacking, or misuse of the platform will be prosecuted under applicable laws.

14.4. Cookie Policy

The website uses cookies to:

• Optimize user experience.
• Analyze web traffic statistics.

Users can manage cookie preferences via browser settings.

Privacy and Security

Definitions regarding privacy

• 1. Personal Data – any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
• 2. Processing of Personal Data – any operation or set of operations performed on personal data, by automated or non-automated means, such as: collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure to third parties by transmission, dissemination or otherwise, alignment or combination, blocking, deletion or destruction.
• 3. Storage – keeping personal data collected on any type of medium.
• 4. Personal Data Record System – any organized structure of personal data, accessible according to determined criteria, whether organized centrally or decentrally or distributed according to functional or geographical criteria.
• 5. Controller – any natural or legal person, public or private, including public authorities, institutions and their territorial structures, which determines the purpose and means of processing personal data.
• 6. Third Party – any natural or legal person, public or private, including public authorities, institutions and their territorial structures, other than the data subject, the controller or the person authorized, or persons who, under the direct authority of the controller or the authorized person, are permitted to process data.
• 7. Recipient – any natural or legal person, public or private, including public authorities, institutions and their territorial structures, to whom data is disclosed, whether or not a third party; public authorities to whom data is communicated within a special investigative competence shall not be considered recipients.
• 8. Anonymous Data – data which, due to its origin or specific processing method, cannot be associated with an identified or identifiable person.
• 9. “Business Contact” Data – data that includes the name, function, business address, telephone number or email address of an employee or organization, in that capacity. “Business Contact” data does not fall within the category of personal data.
• 10. Statistical Data – data obtained as a result of the controller processing personal data, but which cannot be used to identify a person and is used solely for statistical and/or informational purposes.

Security

Users of the website are responsible for ensuring the confidentiality of their access account data (such as username and password) and agree to assume full responsibility for the activities/actions carried out on the website with their own authentication data. In case users suspect that, for various reasons, the confidentiality of these access data has been compromised, they must immediately notify esim.sendSMS.ro / nextSIM.eu to block access to the account and generate a new set of data, as well as to implement new account security measures. It is recommended to activate the 2FA (two-factor authentication) function from the first use of the account.

Performing unauthorized operations on this website or attempting to perform such operations – including, but not limited to, abusive use, fraudulent use, unauthorized access, modification, copying of information for the purpose of commercialization, blocking access, etc. – will be punished in accordance with the law.

You represent and warrant that you own or control all rights to the information transmitted, that it is correct, and that its use does not conflict with the Terms and Conditions of Use. You also represent that it will not cause harm to third parties and that you will fully indemnify esim.sendSMS.ro / nextSIM.eu or its partners/affiliates for all claims arising from the information thus transmitted.

Users cannot use a false email address or impersonate another person or entity.

Collection of Personal Data

esim.sendSMS.ro / nextSIM.eu may collect personal data from you, but only with your consent and only if you provide it voluntarily.

The registration form on the website www.esim.sendSMS.ro / nextSIM.eu requests information by which you can be identified or contacted, these being of the “business contact” type.

We use the personal data collected for the following purposes:

• To ensure that the web pages are relevant to your needs;
• To deliver the services and products you have requested or purchased;
• To help us create and publish the most relevant content for you;
• To ensure access to restricted sections of the site;
• For billing, correspondence, contract conclusion and contract annexes, processing payments.

esim.sendSMS.ro / nextSIM.eu collects information and processes it into statistical data regarding the pages accessed within the sites, including the IP address from which the site is visited. Also, esim.sendSMS.ro / nextSIM.eu may use cookies within the sites, temporarily storing personal data for the following purposes:

• To enhance access security;
• To improve usability and provide you with the best possible service.