End user licence agreement

Last updated: [DATE]

1. Parties and purpose

1.1. The parties

This agreement binds [RAISON SOCIALE], identified in the legal notice and hereinafter "we", and the natural or legal person who has acquired a licence to the SMS Gateway software, hereinafter "you".

1.2. Purpose

It sets out the conditions under which you may install and use the software: the server program, the Android application that connects to it, the web administration interface and their documentation.

1.3. Acceptance

You accept this agreement by ticking the checkbox provided before payment. Installing or using the software also constitutes acceptance.

2. The licence granted

2.1. It is yours from the purchase

The licence becomes yours at payment, permanently. It is perpetual: nothing is rented, nothing expires, and no deadline takes away your right to use the version you bought.

2.2. Personal and non-exclusive

The licence is personal and non-exclusive. It allows you to install and operate the software for your own purposes, including commercial ones.

2.3. One installation, unlimited phones

The licence covers one installation of the server program at a time, with as many phones as you want. Moving to another machine is possible; the procedure is described in the documentation.

3. Versions and updates

3.1. One major version line

Your key authorises the major version line current at the time of purchase. A later major version is offered as a separate upgrade, at a reduced price for holders of an earlier licence.

3.2. Twelve months of updates

The price includes twelve months of updates to your version line, counted from the issuance of the key. After that period, the installed software keeps working without any restriction; only the download of versions published afterwards is suspended.

3.3. A new major version takes nothing away

Releasing a major version takes nothing away from the previous one. Licences already issued remain active, with no time limit, and keep receiving the security fixes for their line.

4. Operation without our infrastructure

The installed software never stops working because our servers are unavailable. An outage, a network failure or the disappearance of the seller interrupts no message, at any time.

The software periodically contacts our server to renew an activation token. This verification has no effect on your right to use the product: in its absence, the interface shows a status indicator, and sending continues normally.

Beyond twelve months of ownership, this token receives a mark that makes any further verification unnecessary: the software then works without ever trying to reach us. Before that threshold, the interface may display a warning when our servers stay unreachable for a long time, without this limiting use.

5. The licence key

5.1. Where to find it

Your licence key is shown in your customer area as soon as the payment is confirmed, and remains available there. You enter it in the Licence screen of your installation.

5.2. It is confidential

The key is personal. Do not share it beyond the authorised use: sharing or publishing it may lead to the withdrawal of the licence (article 6).

5.3. Regeneration

You can regenerate your key at any time from your customer area, for instance if you think it has been disclosed. A new key then replaces the old one:

• the old key is no longer accepted to activate an installation or renew its token;
• the recorded activations are reset;
• your existing installation keeps working: a key our server no longer recognises is never a withdrawal of the licence;
• for your installation to keep renewing its token, enter the new key in its Licence screen.

6. What can withdraw a licence

A licence can only be withdrawn in specific cases, and the withdrawal takes the form of a signed decision, verifiable by the installed software:

• payment fraud, non-payment or chargeback after the key has been delivered;
• refund of the order;
• sharing or publishing the key beyond the authorised use;
• resale or redistribution of the software.

No other circumstance reduces the operation of the product. In particular, neither the expiry of the token, nor the end of the twelve months of updates, nor any unavailability of our servers, nor the regeneration of your key.

A withdrawal is notified to you by email. Even after a withdrawal, you keep the ability to read and export your data.

7. Restrictions

The licence does not allow you to:

• resell, rent, lend, redistribute or sub-license the software or your key;
• offer the use of the software to third parties as a service, for instance by operating a gateway on behalf of customers who would send their own messages through it;
• circumvent, disable or modify the activation mechanism, or forge a token or a key;
• run more than one installation with the same licence;
• decompile or disassemble the software, except to the extent the law allows you to do so notwithstanding this prohibition.

8. Intellectual property

8.1. The software

The software, its documentation and the SMS Gateway brand remain our property. The licence grants you a right of use, not a right of ownership.

8.2. Third-party components

The software includes open source components, which remain governed by their own licences. This agreement restricts none of the rights those licences grant you.

8.3. Your data

The data you process with the software belongs to you. We claim no right over it, and we have no access to it.

9. Data

9.1. Nothing passes through our servers

Your messages, your contacts and your logs never leave your server. This is not a promise of good conduct: the software contains no technical path that would let us receive them.

9.2. What the periodic verification sends

The licence verification described in article 4 sends only:

• your licence key, to verify it, of which our server keeps only a non-reversible digest;
• the software version and its major version line;
• a non-reversible digest of the fingerprint of the machine where the software is installed;
• the number of connected phones;
• a technical counter used to detect a clock that has been set back.

Nothing else. No phone number, no message content, no contact. Like any network connection, this verification reveals the IP address of the machine: we keep it only truncated then hashed, to detect abuse.

9.3. You are the controller

For the data you process with the software, you are the controller, and we are neither processor nor recipient, having no access to it.

10. Your responsibility as operator

10.1. Your messages

You alone are responsible for the messages sent from your installation, for their content and for their compliance with the laws that apply to them.

10.2. Recipient consent

It is up to you to obtain, and to be able to prove, the consent of your recipients where the law requires it, and to honour their opt-out requests.

10.3. The rules of your country

You undertake to comply with the rules applicable to prospecting, direct marketing and the fight against unsolicited messages in your country and in that of your recipients, and not to use the software for unsolicited bulk sending, impersonation, or any unlawful purpose.

10.4. Your carrier's terms

You comply with the terms of use of your mobile carrier, in particular its sending limits and its rules on the commercial use of SIM cards. We are not liable for a line suspension decided by your carrier.

10.5. The tools provided

The software provides the technical means for these obligations, including a block list and the handling of opt-out requests. It is not a substitute for them.

11. Warranty and liability

The warranty and limitation of liability applicable to the software are those of article 9 of the terms of sale.

12. Term and termination

12.1. Term

The licence is granted with no time limit.

12.2. Termination

The licence ends only through a withdrawal pronounced in the cases of article 6. You may also stop using the software and uninstall it at any time.

12.3. After termination

After a withdrawal, the installed software stops sending messages, but you keep the ability to read and export your data. Articles 7, 8, 9 and 10 continue to apply.

13. Governing law

This agreement is governed by the law designated in article 13 of the terms of sale, which also describes the complaint and mediation procedures.