Terms and Conditions of the smseagle.eu Website

Dear User, thank you for visiting our website available at the web address https://smseagle.eu (hereinafter: “Smseagle.eu“, the “Website“). Smseagle.eu is a website operated by Proximus Sp. z o.o., the manufacturer and supplier of SMSEagle-brand hardware SMS/MMS gateways. Through the Website, visitors can review the offering, technical documentation and implementation case studies of SMSEagle-brand products and services, and make use of the available Electronic Services: the Blog, the Forum, the Newsletter, the Contact Form, and the free Demo service enabling a 14-day trial of an SMSEagle device. These Terms and Conditions establish the general rules and conditions for using the Website, including matters of liability, and the rights and obligations of the parties.

We invite you to read these Terms and Conditions.
Smseagle.eu Team

 

1) Introductory provisions

1. The owner of Smseagle.eu is PROXIMUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Poznań (registered office address and address for service: ul. Piątkowska 163, 60-650 Poznań), entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000956902, registry court: District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, share capital: PLN 400,000.00; NIP (Tax ID): 7812032643, REGON (Statistical ID): 521369644, e-mail address: sales@smseagle.eu, contact telephone number: +48 61 671 34 13 (hereinafter: the “Service Provider“).
2. The primary means of ongoing remote communication with the Service Provider is e-mail and the technical support portal. Service Recipients may contact the Service Provider by any legally permissible means, in particular: (a) electronically, through the Contact Form available on the Website; (b) electronically, by e-mail, at: sales@smseagle.eu; (c) through the technical support portal: smseagle.eu/support; (d) in writing, at: ul. Piątkowska 163, 60-650 Poznań.
3. The Service Provider is available on Business Days between 08:00 and 17:00.
4. These Terms and Conditions are addressed to all Service Recipients using the Website, unless a given provision expressly refers to a specified group (in particular, Consumers). The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers to which they are entitled under mandatory provisions of law.
5. The smseagle.eu Website is exclusively an informational and marketing website. The sale of SMSEagle-brand products is carried out through a separate online store available at https://store.smseagle.eu, the rules of operation, sale and personal data protection of which are governed by separate documents available in that store.

2) Definitions

The capitalized terms used in these Terms and Conditions shall have the following meanings:

1. DIGITAL SERVICES ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC.
2. BLOG – an Electronic Service, an online blog available on the Website, comprising articles, guides and other content in the field of SMS technology, system integrations, the IT industry, and topics related to hardware SMS/MMS gateways.
3. DEMO – an Electronic Service, a free 14-day trial service enabling the Service Recipient to remotely access a fully functional SMSEagle device (model NXS-9750) in order to test its functionality, activated following Demo Registration.
4. BUSINESS DAYS – days from Monday to Friday, excluding statutory public holidays.
5. CONTACT FORM – an Electronic Service, an interactive form available on the Website enabling the Service Recipient to send a message to the Service Provider.
6. FORUM – an Electronic Service, an online forum available on the Website, enabling Service Recipients to hold discussions, exchange views and opinions, and provide mutual technical assistance regarding topics related to SMSEagle devices and solutions.
7. CIVIL CODE – the Civil Code Act of 23 April 1964 (as amended).
8. CONSUMER – a natural person entering into a legal transaction with an entrepreneur that is not directly related to that person’s business or professional activity.
9. ACCOUNT – an Electronic Service, a set of resources and functionalities marked with an individual e-mail address and password provided by the Service Recipient, enabling the use of selected Electronic Services on the Website that require authentication.
10. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, enabling Service Recipients to automatically receive periodic content containing information about products, services, technological developments and news related to the SMSEagle brand.
11. ILLEGAL CONTENT – information which, in itself or by reference to an activity, is not in compliance with European Union law or the law of any Member State which is in compliance with European Union law.
12. COPYRIGHT LAW – the Act of 4 February 1994 on Copyright and Related Rights (as amended).
13. DEMO REGISTRATION – the act of completing the registration form available on the Demo page of the Website and verifying identity by means of an SMS code, enabling the Service Recipient to activate the Demo Service.
14. TERMS AND CONDITIONS – these terms and conditions of the Smseagle.eu Website.
15. WEBSITE, SMSEAGLE.EU – the Service Provider’s website available at https://smseagle.eu, through which the Service Provider provides Electronic Services and makes available information about SMSEagle-brand products and services.
16. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Website, in accordance with these Terms and Conditions.
17. SERVICE RECIPIENT – (1) a natural person having full legal capacity to perform legal acts, and, in cases provided for by generally applicable provisions, also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity, using or intending to use the Website and the Electronic Services provided through it.
18. SERVICE PROVIDER – PROXIMUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Poznań (as above).
19. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (as amended).

3) General conditions for using smseagle.eu

1. Smseagle.eu was created to enable interested parties to become familiar with the functionalities, applications and integration possibilities of SMSEagle-brand hardware SMS/MMS gateways, and to make use of the free Electronic Services available on the Website.
2. The Service Recipient is obliged to use the Website in a manner consistent with the law and good practice, with due regard for the personal rights, copyright and intellectual property rights of the Service Provider, other Service Recipients and third parties. The Service Recipient is obliged to enter data consistent with the actual facts. The Service Recipient is prohibited from supplying content of an unlawful nature, including Illegal Content within the meaning of the Digital Services Act.
3. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop, tablet, smartphone or other multimedia device with Internet access; (2) access to e-mail; (3) a web browser in its current version or one of the previous versions: Mozilla Firefox, Opera, Google Chrome, Safari, Microsoft Edge; (4) enabling the storage of Cookies and JavaScript support in the web browser.
4. The Service Provider complies with Article 14(1) of the Act on the Provision of Services by Electronic Means of 18 July 2002, pursuant to which a party that makes available IT system resources for the purpose of storing data provided by a service recipient shall not be liable for such stored data if it does not have knowledge of the unlawful nature of the data and, upon receiving official notice, promptly disables access to that data.
5. The Service Provider makes every reasonable effort to ensure the security of Service Recipients while using the Website. Use of the Website nevertheless entails the standard risks associated with the Internet.
6. The controller of personal data processed on the Website in connection with the performance of these Terms and Conditions is the Service Provider. Personal data is processed for the purposes, for the periods, and on the principles set out in the Privacy Policy and the Cookie Policy published on the Website.

4) Electronic Services available on the Website

1. Any Service Recipient may use the Website on the terms set out in these Terms and Conditions.
2. The Service Recipient may make use of the following Electronic Services on the Website: (a) Account; (b) Blog; (c) Forum; (d) Newsletter; (e) Contact Form; (f) Demo.
3. All Electronic Services listed above are provided free of charge.

5) Account

1. Use of an Account may be required to use certain functionalities of the Website, in particular the technical support portal, the Community/Forum services, the Demo service, or other services requiring user authentication. An Account is created after: (1) completing the registration form; (2) providing an e-mail address and password; (3) accepting these Terms and Conditions; and (4) clicking the box confirming registration.
2. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may delete the Account at any time and without stating a reason by sending an appropriate request by e-mail to: sales@smseagle.eu, or in writing to: ul. Piątkowska 163, 60-650 Poznań.
3. The Service Recipient should keep the Account access data (e-mail address and password) confidential. If the Service Recipient becomes aware of, or suspects, unauthorized access to the Account, they should promptly inform the Service Provider.

6) Blog

1. Browsing the Blog available on the Website is free of charge and available to every Service Recipient without the need to hold an Account.
2. The Blog may be accessed by navigating to the relevant tab of the Website.
3. The Service Recipient may stop browsing the Blog at any time and without stating a reason by closing the web browser or navigating to another page.

7) Community and support portal

1. Within the Website, the Service Recipient may use the functionalities of the SMSEagle community and technical support portal available at support.smseagle.eu. Browsing content may be possible without holding an Account, while active participation may require holding an Account or providing an e-mail address.
2. Content published by Service Recipients should remain related to the subject matter of the Website, SMSEagle devices and services, system integrations, telecommunications, the IT industry, or technical support.
3. It is prohibited, in particular, to publish content that is unlawful, offensive, vulgar, misleading, unrelated to the subject matter of the Website, or that constitutes unsolicited commercial communication (spam).
4. The Service Provider may moderate content published by Service Recipients, including removing or restricting access to content that violates these Terms and Conditions or the provisions of law.

8) Newsletter

1. Use of the Newsletter requires the Service Recipient to provide an e-mail address and, to the extent required by law, to consent to receiving commercial information by electronic means.
2. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may unsubscribe at any time via the unsubscribe link in every Newsletter message, or by sending a request to: sales@smseagle.eu.

9) Contact Form

1. The Contact Form Electronic Service is provided free of charge.
2. The Contact Form may be used after completing it with the required data (in particular an e-mail address and the content of the message) and clicking “Send”.
3. The Contact Form Electronic Service is of a one-time nature and terminates upon sending a message through it.

10) Demo

1. The Demo Electronic Service enables the Service Recipient to test, free of charge for 14 days, the functionality of a physical SMSEagle device (model NXS-9750 with 2 modems) via remote access over the Internet.
2. The Demo Service is activated upon completion of Demo Registration: (1) the Service Recipient completes the registration form, providing at least an e-mail address and a contact telephone number; (2) an SMS message with a verification code is sent to the telephone number provided; (3) the Service Recipient enters the verification code, activating access to the trial device.
3. The Demo Service is provided free of charge for 14 days from activation. The Service Provider may contact the Service Recipient after the trial period, subject to appropriate marketing consent.
4. It is prohibited to use the Demo device to send spam, unsolicited commercial information, or content violating the rights of third parties.
5. The Service Provider reserves the right to suspend or terminate access to the Demo device in the event of a breach of these Terms and Conditions or misuse.
6. The Service Provider shall not be liable for any charges imposed by the mobile network operator in connection with receiving SMS messages sent by the Demo device.

11) General conditions for use of the Website

1. The copyright and intellectual property rights to the Website as a whole and to its individual elements belong to the Service Provider or other authorized third parties and are protected by the Copyright Law.
2. The Service Recipient has no right to copy the Website, except in cases permitted by mandatory provisions of law, and undertakes not to modify, adapt, translate, decode, decompile, or disassemble the Website.
3. The trademarks and service marks of the Service Provider, including the registered SMSEagle trademarks, may not be used without the prior written consent of the authorized entity.
4. Use of the Website by the Service Recipient is permitted solely for the Service Recipient’s own personal use.

12) Illegal content and other content non-compliant with the Terms and Conditions

1. As a general rule, the Service Recipient is not obliged to supply content while using the Website, unless the Terms and Conditions require the provision of specific data.
2. Point of contact. The Service Provider designates the e-mail address sales@smseagle.eu as its point of contact within the meaning of the Digital Services Act, for communication in Polish and English.
3. Any person or entity may report to the Service Provider, at sales@smseagle.eu, the presence of information which they consider to be Illegal Content, in accordance with Article 16 of the Digital Services Act. The notice should be sufficiently precise and substantiated (electronic location of the content, explanation of the alleged illegality, and contact details of the reporting person or entity).
4. The Service Provider shall process notices received and take decisions in a timely, non-arbitrary, and objective manner, and shall notify the reporting person or entity of its decision and the available means of appeal.
5. The Service Provider reserves the right to moderate content supplied by Service Recipients through the Website, in good faith and with due diligence, in order to detect and remove Illegal Content or content non-compliant with these Terms and Conditions.
6. Service Recipients or other persons whose notices or content are the subject of a decision by the Service Provider have the right to select any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State.

13) Restriction, suspension and termination of the provision of Electronic Services

1. The Service Provider may restrict, suspend or terminate the provision of an Electronic Service if the Service Recipient violates these Terms and Conditions, in particular by supplying Illegal Content, or, in the case of the Demo Service, by misusing the trial device.
2. The Service Recipient may cease using the Electronic Services at any time and without stating a reason.
3. The Service Provider is entitled to discontinue the provision of Electronic Services or liquidate the Website, subject to prior notice of at least 15 days, unless immediate action is necessary for security or legal reasons.

14) Complaint handling procedure

1. Complaints relating to the operation of the Website may be submitted: (a) through the technical support portal: smseagle.eu/support; (b) by e-mail, at: sales@smseagle.eu; (c) in writing, at: ul. Piątkowska 163, 60-650 Poznań.
2. We recommend including in the complaint: the circumstances of the complaint, the Service Recipient’s claim, and contact details.
3. The Service Provider shall respond to a complaint promptly, no later than within 14 calendar days of the date of its submission.

15) Out-of-court methods for handling complaints and pursuing claims

This item applies only to Consumers. Detailed information is available on the website of the Office of Competition and Consumer Protection at: polubowne.uokik.gov.pl. The Consumer may also use the EU Online Dispute Resolution platform at: ec.europa.eu/consumers/odr.

16) Consumers’ right of withdrawal from the contract

A Consumer who has concluded a distance contract for the provision of Electronic Services may withdraw from it within 14 calendar days without stating a reason, by sending a statement to: sales@smseagle.eu.

17) Technical interruptions and failures

The Service Provider makes every reasonable effort to ensure the proper functioning of the Website, but errors, technical interruptions, or failures may occur. The Service Provider shall promptly inform Service Recipients of such issues and the anticipated time for their resolution, where possible.

18) Final provisions

1. Contracts concluded through Smseagle.eu are concluded in Polish or English and in accordance with Polish law, subject to mandatory provisions of the law of the country of the Consumer’s habitual residence.
2. The Service Provider reserves the right to amend these Terms and Conditions for important reasons (changes in law, regulatory obligations, changes to the Website’s functionality, or cybersecurity threats). Notice of amendments shall be given at least 15 days in advance.
3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on the Provision of Services by Electronic Means, the Consumer Rights Act, the Copyright Law, and the Digital Services Act.

Thank you for reading carefully!

If you have any questions, we are always at your disposal – please contact us using the details provided in point 1 above.

Smseagle.eu Team