Gebruiks- en servicevoorwaarden

1. Introduction

These Terms of Use and Service (“Terms”) govern access to and use of the Sendy website, mobile applications, dashboards, APIs and related services, collectively referred to as the “Platform”.

Sendy enables users to purchase and send mobile airtime, mobile data bundles and other telecommunications products to supported mobile telephone numbers in available countries.

By accessing the Platform, creating an account, placing an order or using any Sendy service, you confirm that you have read, understood and agreed to these Terms.

Where you purchase a service as a consumer, these Terms apply together with all mandatory consumer-protection rights available under applicable law.

2. Sendy’s identity

The Platform is operated by [FULL LEGAL COMPANY NAME], trading as Sendy (“Sendy”, “we” or “us”). [FULL LEGAL COMPANY NAME] is a [SAS/SASU/SARL/MICRO-ENTREPRISE/OTHER] registered under number [SIREN/SIRET OR COMPANY REGISTRATION NUMBER] ([RCS CITY AND NUMBER, IF APPLICABLE]), with its registered office at [FULL REGISTERED ADDRESS]. Our VAT number is [VAT NUMBER, IF APPLICABLE].

The publication director is [FULL NAME].

You can contact Sendy at [SUPPORT EMAIL] for customer support, or at [LEGAL EMAIL] for legal matters, or by telephone at [BUSINESS TELEPHONE NUMBER].

Information concerning the Platform’s hosting provider is available in Sendy’s Legal Notice.

3. Definitions

For these Terms:

“Customer” means a person who purchases or attempts to purchase a Sendy service.

“Recipient” means the person or telephone number receiving airtime, a data bundle or another telecommunications product.

“Order” means a request submitted through the Platform to purchase or send a telecommunications product.

“Operator” means the mobile network operator associated with the Recipient’s telephone number.

“Partner” means a third-party telecommunications provider, payment provider, technical provider or fulfilment provider used to deliver the Services.

“Business User” means an affiliate, influencer, agency, company, employee or other professional user accessing a specialised Sendy dashboard.

“Sendy Credits” means promotional credits, refund credits, commission balances or other amounts displayed in a Sendy account, where this functionality is available.

4. Eligibility

To create an account, make a payment or participate in a Sendy business programme, you must:

1. Be at least 18 years old or have reached the legal age required to enter into a binding contract in your country;
2. Have legal capacity to accept these Terms;
3. Provide accurate and complete information;
4. Use a payment method that you are legally authorised to use; and
5. Not be prohibited from using the Services under applicable laws, sanctions or regulatory restrictions.

Sendy may refuse account creation or access where it reasonably believes that these requirements have not been met.

5. Description of the Services

Sendy may allow users to:

1. Search for supported countries and mobile operators;
2. Detect or select a mobile network operator;
3. Purchase and send mobile airtime;
4. Purchase and send mobile data or telecommunications bundles;
5. Review estimated prices and order details;
6. Pay through available payment methods;
7. Track transaction and fulfilment status;
8. Access receipts and transaction history;
9. Receive customer support;
10. Participate in affiliate, influencer or agency programmes;
11. Receive commissions or account credits where eligible; and
12. Use other features introduced by Sendy.

The availability of countries, operators, denominations, bundles, currencies and payment methods may change at any time.

Sendy is not a mobile network operator. Telecommunications products are ultimately supplied or activated through third-party operators and fulfilment partners.

6. Account registration and security

Certain Platform functions may require a registered account.

You agree to:

1. Provide accurate, current and complete account information;
2. Keep your login credentials, verification codes and devices secure;
3. Not share your account with unauthorised persons;
4. Notify Sendy promptly if you suspect unauthorised access;
5. Keep your email address and telephone number updated; and
6. Be responsible for activity conducted through your account, except where the activity results from a security failure attributable to Sendy.

Sendy may require email verification, telephone verification, identity verification, business verification or additional documents before allowing certain transactions, withdrawals or account functions.

Sendy employees will not ask you to disclose your complete password or payment-card security code.

7. Order process

Before confirming an Order, the Platform will normally display the available order information, which may include:

• Recipient telephone number;
• Destination country;
• Selected operator;
• Airtime amount or bundle;
• Service price;
• Applicable fees;
• Currency;
• Estimated amount received by the Recipient; and
• Available payment method.

You are responsible for reviewing and correcting this information before payment.

An Order is not accepted merely because you submitted it or because a payment authorisation was requested. Acceptance occurs when Sendy confirms the Order and begins or completes fulfilment.

Sendy may decline or cancel an Order before fulfilment due to payment failure, operator restrictions, pricing errors, suspected fraud, technical problems, legal restrictions or product unavailability.

8. Recipient and operator information

You must carefully verify the Recipient’s telephone number, country, operator and selected product before confirming an Order.

Mobile top-ups and bundles are frequently processed immediately and may not be reversible after being delivered to the selected number.

Sendy will take reasonable steps to detect the correct operator when automatic detection is available. However, you remain responsible for confirming the displayed operator and Recipient details before payment.

When an Order is successfully delivered according to the information you confirmed, Sendy is not required to refund the Order solely because:

• You entered the wrong telephone number;
• You selected the wrong country;
• You selected the wrong operator;
• You selected the wrong airtime amount or bundle;
• The Recipient no longer uses the number;
• The Recipient cannot use the selected product because of their tariff or account status; or
• You changed your mind after fulfilment.

This section does not exclude any mandatory right or remedy available under applicable consumer law.

9. Prices, currencies and exchange rates

Prices are displayed before Order confirmation.

The final price may include:

• The value of the airtime or bundle;
• Sendy service fees;
• Operator or fulfilment fees;
• Currency-conversion costs;
• Applicable taxes; and
• Other charges clearly disclosed before payment.

Unless clearly stated otherwise, prices shown to consumers include applicable taxes.

Prices and exchange rates may vary according to the destination country, operator, product, currency, provider costs and market conditions.

The amount charged and the amount delivered to the Recipient may be expressed in different currencies. The Platform will display the relevant information before payment where available.

Your bank or card provider may separately charge currency-conversion, international-payment or other banking fees. Sendy does not control fees imposed independently by your payment provider.

10. Payments

Payments may be processed through Stripe or another authorised payment-service provider.

Sendy does not normally receive or store your complete payment-card number. Payment information is processed by the relevant payment provider in accordance with its own terms and privacy practices.

By submitting payment details, you confirm that:

1. You are authorised to use the payment method;
2. The payment information is accurate;
3. Sufficient funds or credit are available; and
4. Sendy and its payment provider may authorise and collect the displayed amount.

A payment may be refused, delayed or reviewed because of authentication requirements, insufficient funds, payment-provider controls, fraud-prevention measures or legal restrictions.

A payment authorisation or temporary bank reservation does not necessarily mean that an Order has been successfully fulfilled.

11. Delivery and transaction status

Most top-ups and bundles are intended to be processed promptly. However, fulfilment times may vary due to operator systems, payment verification, technical incidents, maintenance, compliance reviews or circumstances outside Sendy’s reasonable control.

Transaction statuses may include:

• Pending;
• Processing;
• Completed;
• Failed;
• Cancelled;
• Refunded; or
• Under review.

An Order is considered delivered when Sendy receives reliable confirmation from the relevant operator or fulfilment Partner that the telecommunications product was successfully applied or issued.

The Recipient may not always receive an SMS confirmation. Absence of an SMS does not by itself prove that the Order failed.

When necessary, Sendy may request additional information before investigating a transaction.

12. Cancellations, withdrawal and refunds

12.1 Orders not yet fulfilled

You may contact Sendy to request cancellation of an Order that has not yet been processed. Sendy cannot guarantee cancellation once fulfilment has started.

12.2 Immediate execution

Mobile airtime and bundles are generally requested for immediate execution.

Where required by applicable consumer law, before Sendy begins immediate performance you may be asked to:

1. Expressly request that performance begin before the end of the statutory withdrawal period; and
2. Acknowledge that you may lose your withdrawal right once the Service has been fully performed.

12.3 Completed top-ups and bundles

Once airtime or a bundle has been successfully delivered to the confirmed Recipient number, it is generally technically impossible to remove or recover it.

Completed Orders are therefore normally non-refundable, except where:

• The Service was not delivered as agreed;
• Sendy or its Partner delivered the wrong product despite correct information supplied by you;
• A refund is required by applicable law; or
• Sendy expressly agrees otherwise.

12.4 Failed Orders

When an Order fails and no airtime or bundle is delivered, Sendy will normally:

• Cancel or release the payment authorisation;
• Refund the amount to the original payment method; or
• Offer Sendy Credits, where legally permitted and expressly accepted by you.

Bank processing times may apply after a refund is issued.

12.5 Duplicate transactions

You must contact Sendy promptly if you believe that you were charged more than once for the same Order.

Sendy will review payment and fulfilment records. A refund will be provided where a duplicate payment was collected without corresponding separate fulfilment.

12.6 Chargebacks

Before initiating a payment dispute or chargeback, you should contact Sendy so that the transaction can be investigated.

Fraudulent, abusive or knowingly false chargebacks may result in account suspension, recovery action and exclusion from Sendy programmes.

Nothing in this section prevents a consumer from exercising a lawful right to dispute an unauthorised or incorrect payment.

13. Sendy Credits and wallet features

Where enabled, Sendy may display promotional credits, refunds, affiliate commissions, agency commissions or other balances in a user dashboard.

Different types of balance may be subject to different conditions.

Unless expressly stated otherwise:

1. Promotional credits may only be used for eligible Sendy purchases;
2. Promotional credits cannot be withdrawn as cash;
3. Refund credits will only be issued instead of an original-payment refund when legally permitted and accepted by the Customer;
4. Affiliate and agency commissions become payable only after the associated transactions are completed and validated;
5. Commissions may be reduced or cancelled following refunds, fraud, chargebacks or policy violations;
6. Identity and bank-account verification may be required before a payout;
7. The normal minimum affiliate withdrawal amount is €15, unless another amount is clearly displayed in the dashboard;
8. Where wallet recharging is offered, the normal minimum recharge amount may be €50, as displayed before payment;
9. Sendy Credits do not earn interest; and
10. Sendy Credits are not represented as a bank deposit.

Any cash withdrawal, stored-balance or payment functionality will only be offered where legally permitted and may be provided through an appropriately authorised payment provider.

Sendy may place a temporary hold on a balance or payout where reasonably necessary to investigate fraud, chargebacks, identity concerns, sanctions, incorrect commission calculations or other legal and security issues.

14. Affiliate and influencer programme

Approved affiliates and influencers may receive commissions for qualifying transactions made through their referral links or codes.

Participation is subject to approval and any additional programme conditions displayed in the relevant dashboard.

Affiliates and influencers must not:

1. Make false or misleading claims about Sendy;
2. Guarantee prices, delivery times or results not guaranteed by Sendy;
3. Send unsolicited bulk messages or spam;
4. Use misleading advertisements or impersonate Sendy;
5. Create fake accounts or transactions;
6. Refer themselves or coordinate artificial self-referrals;
7. Offer unauthorised cashback or incentives;
8. Misuse Sendy trademarks, domains or advertising accounts;
9. Promote Sendy through illegal, discriminatory, violent or deceptive content; or
10. Conceal that promotional content is advertising where disclosure is legally required.

A commission is not finally earned until the corresponding transaction has been successfully paid, fulfilled and validated.

Sendy may reverse commissions connected to refunds, cancellations, chargebacks, fraud, duplicate accounts, prohibited advertising or other programme violations.

15. Agency and business accounts

Agency and other professional accounts may receive access to business tools, transaction reports, customer-management features, commissions or specialised pricing.

Business Users agree to:

1. Use the Platform only for legitimate professional activities;
2. Keep customer and Recipient information confidential;
3. Comply with data-protection, advertising, consumer and telecommunications laws;
4. Ensure that employees and representatives use the Platform appropriately;
5. Not misrepresent themselves as Sendy employees unless formally authorised;
6. Maintain accurate company and payout information; and
7. Cooperate with reasonable compliance, identity and fraud checks.

Additional agency or business terms may apply. In the event of a conflict, specifically agreed business terms take priority for the relevant business relationship.

16. Employee and administrative access

Employee, support and administrator dashboards are restricted to authorised personnel.

Authorised personnel must:

• Access only information required for their work;
• Keep account and customer information confidential;
• Follow Sendy security procedures;
• Not alter transactions without authorisation;
• Not export or disclose customer data improperly;
• Not share employee credentials;
• Record actions accurately; and
• Report suspected fraud or security incidents immediately.

Employee access may be monitored and logged for security, compliance, quality and audit purposes, subject to applicable law.

17. Acceptable use

You must not use Sendy to:

1. Commit or facilitate fraud;
2. Use stolen payment information;
3. Launder money or disguise the origin of funds;
4. Evade sanctions, financial controls or legal restrictions;
5. Harass, threaten or deceive another person;
6. Access another person’s account without permission;
7. Manipulate prices, promotions, referral programmes or commissions;
8. Create excessive automated requests or interfere with the Platform;
9. Introduce malware or malicious code;
10. Scrape, copy or reverse-engineer the Platform except where legally permitted;
11. Resell Services without Sendy’s written permission;
12. Test stolen cards or payment credentials;
13. Circumvent transaction, country, account or security limits; or
14. Use the Platform for any unlawful purpose.

Sendy may apply transaction limits, velocity limits, country restrictions or additional verification measures to prevent misuse.

18. Fraud prevention and verification

Sendy may use automated and manual controls to identify suspicious activity.

Sendy may request documents or information concerning:

• Your identity;
• Your address;
• Your payment method;
• Your company;
• Your bank account;
• The source or purpose of funds;
• Your relationship with the Recipient; or
• A particular transaction.

Sendy may delay, refuse or cancel a transaction when reasonably necessary to protect users, investigate suspected fraud, comply with legal obligations or respond to instructions from a payment provider or competent authority.

Information must not be falsified or altered. Failure to cooperate may result in transaction cancellation, payout suspension or account closure.

19. Third-party services

The Platform depends on third-party services, including:

• Payment processors;
• Mobile operators;
• Airtime and bundle fulfilment providers;
• Cloud and hosting providers;
• Email and communication providers;
• Fraud-prevention providers; and
• Identity-verification providers.

These third parties may have their own terms and privacy policies.

Sendy remains responsible for its own legal obligations but is not responsible for a third party’s independent services, systems or decisions beyond the extent required by applicable law.

20. Service availability

Sendy aims to provide a reliable Platform but does not guarantee uninterrupted availability.

Access may be temporarily affected by:

• Scheduled maintenance;
• Emergency maintenance;
• Mobile-operator outages;
• Payment-provider outages;
• Internet or telecommunications failures;
• Cybersecurity incidents;
• Legal or regulatory restrictions;
• Force majeure events; or
• Other circumstances outside Sendy’s reasonable control.

Sendy may modify, suspend or discontinue a feature where reasonably necessary. Where a change materially affects a paid ongoing service, Sendy will provide notice where required by law.

21. Intellectual property

The Sendy name, logos, Platform design, text, graphics, software, databases, workflows and other content are owned by or licensed to Sendy and are protected by applicable intellectual-property laws.

You receive a limited, personal, non-exclusive, non-transferable and revocable right to access the Platform for its intended purpose.

You may not copy, reproduce, distribute, sell, license, modify or commercially exploit Sendy content without prior written permission, except where allowed by law.

Names and trademarks belonging to mobile operators, payment providers and other Partners remain the property of their respective owners. Their appearance on the Platform does not imply ownership by Sendy.

22. Feedback and communications

You may submit feedback, suggestions or error reports to Sendy.

You allow Sendy to use non-confidential feedback to improve the Platform without payment or other obligation to you.

Sendy may send service communications concerning account security, Orders, payments, refunds, policy changes and other essential matters.

Marketing communications will be sent according to applicable consent and direct-marketing rules. You may unsubscribe from non-essential marketing communications.

23. Personal data and cookies

Sendy processes personal data in accordance with its separate Privacy Policy.

Depending on how you use the Platform, personal data may include account information, Recipient telephone numbers, transaction information, device information, authentication records and customer-support communications.

Sendy’s Privacy Policy explains:

• What information is collected;
• Why it is collected;
• The legal bases for processing;
• Who receives the information;
• International data transfers;
• Retention periods;
• Security measures; and
• Your data-protection rights.

The Platform may use cookies and similar technologies. Non-essential cookies will be used in accordance with applicable consent requirements.

24. Suspension and termination

You may stop using Sendy at any time and may request account closure through the available account settings or by contacting support.

Sendy may restrict, suspend or terminate access where reasonably necessary because of:

• A serious or repeated violation of these Terms;
• Fraud or suspected fraud;
• Unauthorised payment activity;
• Abusive chargebacks;
• False identity or business information;
• Security risks;
• Legal or regulatory requirements;
• Misuse of affiliate or agency programmes;
• Threats or abuse directed toward users or staff; or
• Prolonged account inactivity, where permitted.

Where appropriate and legally required, Sendy will provide notice and an explanation. Immediate action may be taken when necessary to prevent fraud, harm or unlawful activity.

Termination does not cancel obligations arising before termination, including valid payment, refund, confidentiality and commission-adjustment obligations.

25. Liability

Sendy is responsible for direct loss caused by its failure to perform its legal or contractual obligations, subject to applicable law.

Sendy is not responsible for loss caused primarily by:

• Incorrect information confirmed by the Customer;
• Unauthorised use resulting from the Customer’s failure to protect their credentials;
• A Recipient’s device, SIM card, tariff or operator account;
• A mobile operator’s independent rules;
• Banking fees imposed by the Customer’s payment provider;
• Unlawful use of the Platform;
• Circumstances outside Sendy’s reasonable control; or
• Failure to follow reasonable instructions provided by Sendy.

For consumers, nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

For Business Users, to the maximum extent permitted by law, Sendy is not liable for indirect loss, loss of anticipated profit, loss of opportunity, loss of reputation or loss resulting from unauthorised use by the Business User’s personnel.

No provision limits liability for fraud, deliberate misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

26. Indemnity for professional misuse

A Business User agrees to compensate Sendy for reasonable losses, claims and costs caused by that Business User’s unlawful use of the Platform, fraudulent activity, violation of third-party rights or material breach of these Terms.

This section does not apply to consumers acting exclusively outside their professional activities.

27. Changes to these Terms

Sendy may update these Terms to reflect:

• Changes to the Services;
• New functionality;
• Changes in Partners;
• Security requirements;
• Legal or regulatory developments; or
• Clarifications and corrections.

The updated version will be published with a new “Last updated” date.

Where changes materially affect registered users’ rights or ongoing paid Services, Sendy will provide reasonable advance notice where required.

Continued use after the effective date of the updated Terms constitutes acceptance, except where applicable law requires express consent.

28. Force majeure

Neither party is responsible for delay or failure caused by an event beyond its reasonable control, including natural disasters, war, civil unrest, widespread telecommunications failures, government action, sanctions, epidemics, major cyberattacks or failures of essential third-party infrastructure.

This section does not remove any mandatory refund or consumer right.

29. Complaints and customer support

Questions or complaints should first be submitted to:

Please include your Order reference, account email, Recipient number and a clear description of the issue. Do not send complete payment-card details.

Sendy will acknowledge and process complaints within a reasonable period.

30. Consumer mediation

After first submitting a written complaint to Sendy, a consumer may refer an unresolved eligible dispute to the consumer mediator appointed by Sendy.

Mediation is available to consumers under the conditions established by the applicable mediator and consumer law.

31. Applicable law and courts

These Terms are governed by French law.

For consumers residing in the European Union or another jurisdiction providing mandatory consumer protections, this choice of law does not remove protections that cannot be excluded under the law of the consumer’s habitual residence.

The parties should first attempt to resolve disputes through Sendy’s complaint procedure and, where applicable, consumer mediation.

A consumer may bring proceedings before any court having jurisdiction under applicable consumer and procedural law.

For disputes exclusively between Sendy and a professional acting for business purposes, the courts of [CITY, FRANCE] will have jurisdiction, unless mandatory law provides otherwise.

32. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue to apply.

The invalid provision will be interpreted or replaced to reflect its intended lawful purpose as closely as possible.

33. No waiver

A failure or delay by Sendy in enforcing a provision does not waive its right to enforce that provision later.

34. Entire agreement

These Terms, together with the Privacy Policy, Cookie Policy, Legal Notice, Refund Policy and any specific programme or business terms, constitute the agreement governing use of the relevant Sendy Services.

Specific written terms accepted for an agency, affiliate, employee or business account take priority over these general Terms only where they expressly address the same subject.

35. Contact

For questions about these Terms, contact: