Terms of Service

These Terms of Use govern your use of www.smsarena.es, owned and operated by M-STAT S.A., CIF (EL)999983276, 6 Sinopis Str, Athens 115 27, Greece. By using this website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use this website.

You are expected to read carefully the Terms of Use and proceed to visit/use the pages/services only after accepting them completely. In case of disagreement, one should not use the service, otherwise it is presumed that he accepts the terms and agrees to abide by them. The following terms of use apply to all of the content that is generally included in the pages of the website. SMSArena reserves the right to modify the Terms of Use at any time and you are required to check every time for any changes. If you continue to use the website and service it is automatically deemed that you accept the modified Terms of Use. Otherwise, you should refrain from using/visiting the SMSArena website.

1. Operation of SMSArena

The SMSArena service is used only for sending short messages (SMS) to recipients who belong to supported mobile networks of countries listed in the “pricing” page of SMSArena Changes to supported networks are likely to induce changes and affect the general operation of SMSArena. The delivery report is also affected by the operation of mobile networks. In each case SMSArena will make every effort to provide reports on service delivery of SMS sent via SMSArena. In countries where mobile number portability (phone number transferred from a mobile network to another) applies, it may not always be feasible to deliver SMS and/or provide delivery reports.

2. Scope of Services, Changes to Scope of Services, Availability

SMSArena services include – sending and receiving of SMS and emails. SMSArena services are described on the SMSArena website or wherever they are offered or are self-explanatory. In the pages described you will find the scope, duration of the offered usage and special conditions, as well as the price and payment terms, if any. Requesting a service from SMSArena constitutes placing a binding order with SMSArena. If SMSArena accepts this order, you will receive a confirmation of acceptance from SMSArena or a respective behavior. When SMSArena accepts your order and payment is secured, you may immediately use the requested services. SMSArena services are subject to constant change as SMSArena aims at the up-to-date functionalities and the offering of latest trends and features. Therefore, the services currently offered and retrievable, as well as the contents you store will not be available to an unlimited extent or for an unlimited period of time. Should SMSArena make a change within the scope of the effective contractual relationship, you will be informed accordingly by SMSArena, complying with any stipulated notice period.

3. Preface

If you register in SMSArena you are entitled to make use of an advanced communication platform that allows you to send SMS messages in supported countries, having first deposited the requisite amount using the available methods. www.smsarena.es may include all forms of advertising. The existing and any new services on SMSArena are subject to these Terms of Use, unless explicitly stated otherwise. The visitor of the SMSArena service understands and accepts that all of the pages/services are provided “as is” and SMSArena disclaims any liability related to the limited duration, remission, poor performance or failure of any electronic storage of your data and/or any services. You are responsible for accessing the SMSArena service. Access may require payment of fees / charges to third parties (ex. internet service providers, PayPal, bank institutions). You are solely responsible for the payment of relevant fees / costs. Furthermore, you are solely responsible for your own equipment with the necessary technological means allowing access to SMSArena

4. Pricing and Credits using SMSArena

You are not allowed to make any payments by using unauthorized means. SMSArena is not obligated to provide or render the services prior to the receipt of the fee applicable to the service.

5. Registration

By subscribing to SMSArena you must agree to: a) provide true, accurate, up-to-date and complete information concerning the data requested by SMSArena in the registration form for accessing the content/services of www.smsarena.es and b) maintain and update the registration data in order to be accurate, reliable, up-to-date and complete. SMSArena cannot guarantee the correctness and completeness of the data provided by you or other users.

6. Account deletion

When you decide to delete your account, SMSArena will not return to you any available/unused credit.

Accidental deletion of your account, even if you register again with same details immediately after, will still cause the loss of available credit.

An SMSArena account can be deleted any time. A new account with the same MSISDN can be created again at any time after the account has been deleted. However, each MSISDN will only receive the SMS bonus once with the first registration.

7. Member account

Upon acceptance of the Terms of Use of SMSArena and completion of registration process, SMSArena registers you as a member and provides you with the services described herein. During the registration procedure an activation pin will be sent to the mobile number that you have registered as a number that belongs to you.

When your mobile number is verified, it becomes the username of your registration.

You remain solely responsible for all activities that occur under your personal password, name, and general use of your account. You are solely responsible for the careful use of your account. Furthermore, you agree to immediately notify SMSArena for any unauthorized use of your account as well as any potential security breach. SMSArena is not responsible for any damage or injury resulting from the inability of you to respect and follow this provision.

8. Third Party Usage

You should keep your login details safe and protect them from third-party access. Third parties should not use your account. You are responsible each time your account is accessed, allows third parties to use it or your login details are unprotected. In any such event, each service subject to payment used via your account – i.e. when your username and password have been used for login – will be charged to you. The same applies if you are automatically logged in by your browser, mobile phone etc., and a third party subsequently gains access. Even if your account has been used by a third party, with or without your knowledge and/or your intention, you shall be held responsible for the transmission or making available of prohibited contents or the illegal use of SMSArena services in violation of these conditions or of applicable legal provisions.

If you become aware that third parties have access to your login details, you should immediately make a request to , SMSArena to block your account.

9. Member ethics

For the completion of your registration it is necessary to receive the activation Pin via SMS on your mobile phone. Due to the fact that the mobile is a personal item, you are responsible for the security of your mobile and the way it is going to be used by the SMSArena service. Thus, to send SMS through the service, you must own the designated mobile number which will be provided as the originating address of SMS messages sent via your SMSArena account. In no case will SMSArena be considered responsible for the content of the sent messages. In the event where the service receives notification that any content sent is causing moral harm or other damage to a third person, or in the case of an official complaint from a recipient of unsolicited SMS or breach of the Terms of Use, SMSArena reserves the right to investigate the account and terminate the account of the user/member who violates the terms of this provision without returning the amount equivalent to the available balance of this account. You must firstly comply with the rules and regulations of the American, European and International Law and the laws governing telecommunications, and refrain from any illegal and improper use of content and the SMSArena. According to the terms of use of the SMSArena it is forbidden to send SMS with content that:

10. Changes and amendments to the terms of use of SMSArena

SMSArena reserves the right to change charges of SMS termination without notice. Any changes in the operation of the mobile network operators or telecommunications services partner organizations can lead to changes in the pricing of SMSArena. Similarly there may be changes in the compatibility of the SMSArena service with any of the mobile telephony networks of the supported countries.

11. Changes and amendments to the SMSArena pricing

SMSArena reserves the right to change these Terms of Use. Any changes will be reported to the Terms & Conditions section and will be marked so as the differentiation of these Terms to be distinct. When you have an effective agreement with SMSArena and you do not object to the scope of application of the new Terms of Use within this period by email, you will be deemed to have accepted the new Terms of Use. For agreements concluded after any amendment to the Terms of Use, only the new Terms of Use shall apply.

12. Intellectual and Industrial Property

The entire content of SMSArena including, the service creation, texts, news, graphics, photographs, illustrations, pictures, services, and generally any kind of file is copyright protected and governed by national and international copyright law, except those explicitly recognized rights of others. Therefore, any reproduction, republication, copying, storage, sale, transmission, distribution, issuance, execution, download, translation or modification in any way is forbidden without the express prior written consent of SMSAren.

13. Indemnity

It is expressly agreed hereby that in case SMSArena is brought against any actions, claims, administrative or judicial action arising from any form of violation of any visitor/user/member, he /she undertakes both to intervene in such action arising process and to indemnify SMSArena if forced to pay compensation or other expense.

14. Applicable law and other provisions

The Agreement is governed by the provisions of American Law, the Rules and Directives of European law and relevant international provisions, construed in accordance with the rules of good faith, business ethics and the economic and social purpose of the Law. If any provision is found contrary to the law and therefore void or voidable, shall automatically be ineffective, but in no way will affect the validity of other conditions. No modification of the terms of this contract will be taken into account and be a part of it, unless expressed in writing and incorporated in it.

You shall be held solely responsible for ensuring that the contents made available or transmitted by you using SMSArena services does not infringe any legal provisions or third party rights. You agree not to make available or transmit contents of pornographic, National Socialist, abusive, insulting, racist, xenophobic, defamatory, sexually degrading, blasphemous, discriminating, discrediting, politically extremist or morally reprehensible nature or such which are in violation of regulations for the protection of children and young people, personal honor, criminal law regulations, regulations under the Data Protection Act, the Trademark Protection Act or the Copyright Protection Act or other legal provisions. It is also prohibited to make available or transmit links or other information leading to such contents. As a rule, we do not check the contents made available or transmitted by you or others using SMSArena services, and we are not responsible for such contents. If we become aware of the transmission or the availability of contents in violation of legal provisions or in violation of these Terms of Use, we will delete them or block the account used for such purpose. Should you become aware of such transmission or such contents; you shall inform SMSArena immediately.

15. Decoding

Any change to software may result in significant, unforeseen faults in its functions or the functions of other software or hardware (e.g. the mobile phone or mobile phone network). In this respect you shall bear the sole risks and responsibility. You shall not make any attempt to develop or execute programs (scripts, robots, viruses, etc.) which might change the process and functions of SMSArena services e.g. change or bypass your interface.

16. Blocking, Deletion of the Account

If you are in breach of the provisions of these Terms of Use or if SMSArena has reasonable grounds for suspecting a breach, in particular in respect of entering incorrect data during registration, the creation of more than one account, use of SMSArena services to harass, threaten or insult other users, use of SMSArena services for promotional purposes, third party access, with or without consent, transmission or making available of prohibited contents, infringement of third party rights or attempt to manipulate SMSArena services, misleading statements regarding your identity, age and business activity or failure to meet payment obligations despite warnings that account will be blocked. SMSArena shall be entitled to immediately withdraw its services, block your account and delete the contents transmitted or made available by you (e.g. nickpage, blogs, etc.). SMSArena is also entitled to delete your account and the services associated therewith if your account is considered as abandoned .

 

 

Abandoned are accounts that have no activity for 12 calendar months and more.

17. Refund Policy

When you purchase directly from SMSArena you will be entitled to a cancellation period of fifteen (15) days (“Refund Period”) unless you have made use of the Paid-For-Products in any way, in which case this “Refund Period” will be extinguished and your purchase cannot be cancelled or refunded.
Outside of the “Refund Period” no purchase can be cancelled or refunded.
If you believe that SMSArena has charged you in error, you must contact SMSArena within 30 days of such charge.
No refunds will be given for any charges more than 30 days old.
If it is reasonably believed that you are trying to unfairly exploit this refund policy as in the case of making repetitive refund requests in respect of the same Product
If you are breaching the Terms of Use
Ιf SMSArena reasonably suspects that you are using SMSArena service or Software fraudulently or that your User Account is being fraudulently used by a third party.
This refund policy does not affect your statutory rights.
Abandoned are accounts that have no activity for 12 calendar months and more.

18. Applicable Law and Place of Jurisdiction, Miscellaneous

If you are not a consumer, agreements deviating from these Terms of Use will be effective only if they have been agreed in writing. Declarations which SMSArena makes to you or which you make to SMSArena will be effective even if they are made by SMS or email. SMSArena will send declarations intended for you to the electronic contact address given upon your registration. If one of the provisions in these Terms of Use is, or becomes, ineffective or an omission has been made, the other provisions shall remain unaffected. If you are not a consumer the ineffective provision or omission will be replaced by an effective provision which most closely represents the economic purpose of the ineffective provision and the intention of the contractual parties. All contractual relations between you and SMSArena will be subject exclusively to Greek law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are not a consumer, the competent court has jurisdiction.

Contact

You can contact SMSArena via email at support@smsarena.es and via telephone at +34 910032951.