1 – Legal Mentions
1.1 – Per the provisions of the law n°2004-575 of June 21, 2004, for the confidence in the digital economy, it is specified to the users of the Site OCTOPUSH.COM the identity of the various speakers within the framework of its development and its monitoring.
1.2 – Publishing of the site: The OCTOPUSH website is edited by the company OCTOPUSH (SAS) whose head office is located 131 av du Prado, 13008 Marseille, registered with the RCS of Marseille under the SIRET number 538371816 00017.
1.3 – Head of publishing: Yoni Guimberteau, President
1.4 – Hosting: The site OCTOPUSH is hosted by ONLINE SAS, RCS PARIS B 433 115 904, BP 438 75366 PARIS CEDEX 08.
1.5 – Contact us: By mail on https://dev.octopush.com/contactez-nous, or by mail to OCTOPUSH 131 av du Prado, 13008 Marseille (France).
1.6 – Personal data: In general, you can visit our Site without having to declare your identity and without providing personal information. This being the case, we may ask you for information in order, for example, to process an order. Also, we may supplement this information to complete a transaction or provide a better service.
Following the law “Informatique et Libertés”, you can exercise your right to access and rectify data concerning you by contacting us at https://dev.octopush.com/contactez-nous, or OCTOPUSH 131 av du Prado, 13008 Marseille (France).
2 – Object
2.1 – The purpose of the present terms and conditions of sale and use (hereinafter the “Terms and Conditions”) is to define the terms and conditions of use, as well as the rights and obligations of Users in the context of the use of the https://dev.octopush.com/ and https://www.octopush-dm.com/ Platform and the Services offered on the Site (hereinafter the “Services”). They come into force on the date they are put online on the Platform and are therefore enforceable against any User, for the entire duration of his or her use.
2.2 – The use of the website implies explicit consent without reservation by the User of these conditions of sale and use.
2.3 – Acceptance of the GCU by the User as indicated above and the version of the General Terms and Conditions thus accepted by the User are kept and archived in the computer systems in an unalterable, secure, and reliable manner.
2.4 – These conditions of sale and use prevail over all other general conditions of sale and use before the date of this version. OCTOPUSH reserves the right to modify its conditions of sale and use at any time.
3 – Definitions
3.1 – “OCTOPUSH”: OCTOPUSH (SAS) whose registered head office is located at 131 av du Prado, 13008 Marseille, under SIRET number 538371816 00017 and registered with the RCS Marseille.
3.2 – The terms “Site” and/or “Website” refer to the two sites of the company OCTOPUSH SAS. These 2 sites are indifferently https://www.octopush.com and https://www.octopush-dm.com.
3.3 – The term “User”: designates any individual or legal entity wishing to use in a professional framework the services offered by OCTOPUSH via the Site and registered on the Site.
3.4 – The term “Contract / Use” means the period of the relationship between OCTOPUSH and the User, from the registration of the User on the OCTOPUSH platform and until the date of complete execution by way of active unsubscription of the User or early termination by the decision of OCTOPUSH according to the present conditions.
3.5 – The term “SMS” refers to the SMS messaging service introduced by the GSM standard and offered by mobile telephony allowing the transmission of short text messages. The text of an SMS may contain 160 GSM7 characters. The ” SMS Long ” option available in Premium allows a text to be sent up to 3 times 153 characters, i.e. 459 characters.
3.6 – The term “Recipient” refers to the person holding a cell phone number and likely to receive one or more SMS messages from the User in his or her capacity as the User’s contact.
3.7 – The term “Operator” refers to a mobile carrier.
3.8 – The term “SMS Credit” refers to the right to send an SMS of 160 alphanumeric characters (or more if the sending is a “Long SMS”), to a recipient who is a customer of an operator covered by the offer, over a period defined in the order.
3.9 – The term “Cookies” refers to the text file stored on the User’s terminal at the time of browsing on “https://www.octopush.com” and “https://www.octopush-dm.com”. ». It allows OCTOPUSH to keep user data to facilitate the navigation and to allow certain functionalities. For more details, see our Privacy Policy.
4 – Specifications of the services provided
4.1 – The services proposed by the company OCTOPUSH are accessible, subject to the restrictions mentioned on the Site:
– to any natural person having the full legal capacity to commit under the present general terms and conditions; The natural person who does not have the full legal capacity can reach the Site and the Services only with the agreement of his legal representative;
– to any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
4.2 – The purpose of OCTOPUSH is to allow the user to send SMS (Short Message Service) from a computer connected to the Internet network through the Site which ensures the routing of the SMS.
4.3 – The User must register on the Site to subscribe to the services offered.
4.4 – OCTOPUSH makes available to the User different formulas for the acquisition of SMS Credits giving the right to send SMS under conditions defined at the time of the order.
4.5 – OCTOPUSH is committed to providing optimal conditions of use and operation of the service. Notwithstanding the clauses of this article, for maintenance reasons, OCTOPUSH reserves the right to suspend the website and/or the service by minimizing at most the inconvenience caused to its Users.
4.6 – The list of countries to which it is technically possible to send SMS messages is given at the address https://dev.octopush.com/en/international-sms-pricing-list/
4.7 – SMS dispatch rates are around 20,000 SMS per hour, in Standard SMS, and 50,000 SMS per hour, in Premium SMS. Several users can transmit their SMS campaigns at the same time. The rates quoted here apply to SMS submitted by all users.
4.8 – Deliverability rates are close to 99% for Premium and 98% for Standard. These rates, which may vary over time, do not represent in any way a commitment for OCTOPUSH but allow to explain to the User the loss of certain SMS messages. In no case, the loss of these SMS will not be able to involve the liability of OCTOPUSH. These SMS are at the charge of the User, who accepts these general conditions.
4.9 – Any request to send SMS transmitted to the Site, by using the WEB interface or another interconnection system (Plugin, Modules, API, etc…) will be subject to invoicing.
https://www.octopush.com can decide, according to its rules :
- that the query is wrong and returns an error message. In this case, only the cost of the transaction will be charged.
- that the request is acceptable, and charge according to the number of SMS, the destination countries, and the options are chosen.
Once the request has been transmitted, no retraction or cancellation is possible.
5 – Access to the site and services
5.1 – Users are personally responsible for setting up the computer and telecommunications means allowing access to the Website. They keep at their expense the telecommunications costs when accessing the Internet and using the Website.
5.2 – Users are entirely responsible for the correct operation of their computer equipment, modem and telephone line, as well as their connection to the Internet. Users are responsible for ensuring that this equipment does not present any problems or viruses and is sufficiently secure to prevent the risk of a third party obtaining access to data relating to the Services provided to customers.
5.3 – Users will do everything possible to preserve this security. In particular, Users shall ensure that there is no risk of hostile programs or viruses accessing and disrupting the Platform’s computer systems. In particular, Customers will ensure the security of their computers by using and regularly updating anti-virus and anti-spyware software and a personal firewall.
5.4 – Users assume the technical risks in particular related to a power failure, interruption of connections, malfunction or overload of networks or systems.
Besides, Users are aware that they must contact the Internet service provider of their choice to access the Internet and the Site. In this context, Users are aware that it is up to them to select their Internet service provider and to determine the terms and conditions of their relationship with it. OCTOPUSH cannot be responsible for the risks relating to the access to the Internet and the risks relating to the remote transmission of data by the Users or towards the Users, in particular in case of conflict opposing the Users to this Internet access provider, concerning the confidential/personal character of the transmitted data, the cost of transmission, the maintenance of the telephone lines and the Internet network or the interruptions of service.
6 – User’s responsibility
6.1 – The User agrees to provide accurate, complete, and truthful information when registering. It is his or her responsibility to update his or her personal information if his or her situation changes.
6.2 – The use of OCTOPUSH being subjected to the supply of a password and an identifier, it is up to the User to maintain the secrecy of this information.
In no case, OCTOPUSH could, under no circumstances, be responsible for the loss or the disclosure by the holder of this information, nor for the consequences which would result from it.
6.3 – The User is solely responsible for the content of SMS messages. In no case, OCTOPUSH could be held responsible for complaints concerning the contents diffused by SMS message.
6.4 – The User is solely responsible and is solely in charge of the holding of the recipient mobile number, and in particular of the reception of the consent of this one to receive the SMS sent by the User utilizing the service object of the present, the responsibility of OCTOPUSH not being able to be sought on this account.
6.5 – The User declares and guarantees that the content of messages sent by SMS complies with the legal and regulatory provisions in force in his country of residence and the country of the recipients. Besides, the content of SMS messages may not infringe on the privacy or rights of others or public morality or public order and may in no way contain written material that is deliberately racist, xenophobic, harassing, defamatory, or offensive.
6.6 – The User acknowledges that he or she may be held liable, in particular in the event of identity theft or non-compliance with these terms and conditions of sale and use.
6.7 – The User will have to refund to OCTOPUSH all the expenses relating to the damage caused by the non-respect of the rules stated in the present document.
6.8 – The User is responsible for the management of the STOPS sent by its recipients. He must ensure that he no longer sends SMS messages to numbers from which a STOP has been received.
6.9 – The User must inform recipients that the “STOP” message must be sent to the number of the chip that sent the SMS received in Standard SMS, and to XXXXX in Premium SMS (automatically replaced by the operator’s short number). A recipient does not necessarily know this option. It will therefore be necessary to add “STOP at XXXXX” in Premium SMS (or “reply STOP to unsubscribe” in Standard and Low-Cost SMS). In case this mention is not registered, it could be added automatically. If an additional SMS has to be billed, it will be charged to the User.
6.10 – The mass sending of SMS messages to the same number, and in particular if the text is identical, may be likened to an attempt at “flooding” or line flooding. A reasonable use would be to send about fifteen SMS messages to the same line number within the same short period (1 hour). OCTOPUSH (as well as the telephone operators) reserve the right to reject SMS messages with similar texts for the same mobile line. As the transmission of these SMS messages, their processing and storage imply costs, these SMS messages will not be refunded.
6.11 – The sending of SMS marketing is subject to ARCEP and CNIL regulations. By using the SMS marketing sending service, the User is aware that his or her mailings on Sundays and public holidays (and Saturdays depending on the operator), as well as from 8:00 pm to 8:00 am, will automatically be postponed to the next possible transmission time.
6.12 – It is formally forbidden to use the “SMS alert” route to send the content of a marketing nature within the meaning of the CNIL. By using the “SMS alert” sending service, the User undertakes not to send ANY SMS marketing messages. Any abuse found is punishable by a fine of 1000€ and will result in the permanent suspension of the account.
7 – Acceptance of the T&Cs
7.1 – Acceptance of the present Terms and Conditions of Use by Users is materialized by a check box when they register.
7.2 – Acceptance of these Terms and Conditions can only be complete. Any membership with reservations is considered null and void. Users who do not agree to be bound by these general terms and conditions must not access the Site or use the Service.
7.3 – OCTOPUSH may, at its discretion, change or amend these terms and conditions at any time.
7.4 – Users will be notified of these changes by email. It is the responsibility of the User to take note of the revised conditions and to accept them explicitly again on the Site.
8 – Responsibility of OCTOPUSH
8.1 – The service of OCTOPUSH consists of the provision of SMS message transmission services and its responsibility is limited to the transport of SMS messages to an operator.
8.2 – OCTOPUSH is committed to implementing all the means necessary for the good functioning of its SMS sending services, to maintain their continuity and their quality. It is however a best-efforts obligation and in no case an obligation of result. OCTOPUSH can in no way be held responsible for the non-delivery or slowdown of SMS messages following a technical impossibility at the operator or on the recipient’s terminal, the use of an erroneous or unreachable recipient’s number (unassigned, suspended, or restricted line), the practice of message filtering by the target operator, or following a service interruption resulting from a case of social conflicts, strikes, disasters, wars, embargoes, fires, accidents, natural disasters, serious anomalies affecting telecommunications network transmissions, malfunctioning of mobile telephone operators’ services, authoritarian suspension of GSM public radiotelephony, power cuts, or any technical anomaly affecting the Internet and telephone networks. Aware of these risks, and as soon as the User is not able to provide the proof that OCTOPUSH did not engage the means at its disposal to transmit the SMS concerned by the complaint, the User will not be able to claim any compensation.
8.3 – Any advice or information transmitted by OCTOPUSH (or one of its collaborators) to the User, either orally or in writing, will not create any obligation or guarantee not expressly provided for by the present T&Cs.
8.4 – The responsibility of OCTOPUSH could not be called into question only in the case where it would be shown that its best-efforts obligation would not have been respected. This responsibility could not exceed ten percent of the total amount of the purchases made by the customer during the month preceding the date of the facts triggering the said responsibility.
8.5 – In case of interruption of the Standard SMS (= low-cost SMS) service, OCTOPUSH will propose to the Customer to send its SMS in Premium quality, at the rate which was the rate of the Premium SMS for the same level when the Customer ordered the Standard SMS (= low-cost SMS).
8.6 – OCTOPUSH cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) which the User would access through the website.
8.7 – OCTOPUSH does not assume any responsibility for the contents, advertisements, products, and/or services available on such third party websites and mobile applications, which are governed by their terms of use.
8.8 – OCTOPUSH is also not responsible for the transactions between the User and any advertiser, professional, or merchant (including its possible partners) to which the User would be directed through the website and would not be a party to any dispute with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.
9 – Obligations of the User
9.1 – Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations:
9.2 – The User undertakes, in his/her use of the Site, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, the User is solely responsible for the proper completion of all formalities, in particular administrative, fiscal, and/or social formalities, and for all payments of contributions, taxes, or levies of any kind incumbent upon him/her, where applicable, in connection with his/her use of the Site. The responsibility of OCTOPUSH will not be able to be committed on this account.
9.3 – The User acknowledges having taken knowledge on the Site of the characteristics and constraints, in particular technical, of the whole Site. He is only responsible for his use of the Site.
9.4 – The User is informed and accepts that the implementation of the Site and the Services requires that he or she is connected to the Internet and that the quality of the Site and the Services depends directly on this connection, for which he or she alone is responsible.
9.5 – The User is also solely responsible for the relations that he or she may establish with other Users and for the information that he or she communicates to them within the framework of the Services. It is incumbent upon him/her to exercise the appropriate prudence and discernment in these relations and communications. The User also undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
9.6 – The User undertakes to provide OCTOPUSH with all information necessary for the proper execution of the Site and Services. More generally, the User undertakes to cooperate actively with OCTOPUSH for the good execution of the present terms and conditions.
9. 7 – The User is solely responsible for the messages, contents of any nature (editorial, graphic, audiovisual or other, including the name and/or the image possibly chosen by the User to identify him/her on the Website) and information put online by him/her on the Website or the Services offered (hereinafter referred to as the “Contents”), within the meaning of the provisions of the law n°2004-575 of June 21, 2005, for the confidence in the digital economy, OCTOPUSH could not be responsible for this Contents and on which OCTOPUSH does not exert any power of control and monitoring.
It guarantees to OCTOPUSH that it has all the rights and authorizations necessary for the diffusion of these Contents.
It undertakes that the said Contents are lawful, do not infringe public order, morality, or the rights of third parties, do not violate any legislative or regulatory provision, and more generally, are in no way likely to bring into play the civil or criminal liability of OCTOPUSH.
The User thus refrains from diffusing, in particular, and without this list being exhaustive:
Pornographic, obscene, indecent, shocking or unsuitable contents to a family public, defamatory, insulting, violent, racist, xenophobic or revisionist,
infringing Content,
Contents that are detrimental to the image of a third party,
Content that is false, misleading or that proposes or promotes illegal, fraudulent, or deceptive activities,
Content that is harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
and more generally Content that may infringe the rights of third parties or be harmful to third parties in any way and any form whatsoever.
9.8 – The User acknowledges that the Services offer him/her an additional but not alternative solution to the means that he/she already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.
10 – Warranty of the User
10.1 – The User guarantees OCTOPUSH against any complaints, claims, actions, and/or claims whatsoever that OCTOPUSH may suffer as a result of the violation by the User of any of its obligations or guarantees under these general conditions.
10.2 – The User commits himself to indemnify OCTOPUSH for any prejudice it would suffer and to pay him all the costs, charges, and/or condemnations that it could have to support because of this fact.
11 – Prohibited behaviors
11.1 – It is strictly forbidden to use the Site or the Services for the following purposes:
the exercise of activities that are illegal, fraudulent, or that infringe the rights or security of third parties,
breach of public order or violation of the laws and regulations in force,
Intrusion into a third party’s computer system or any activity that could: harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security,
the sending of unsolicited emails and/or commercial canvassing or solicitation,
Manipulations intended to improve the referencing of a third party site,
aiding or abetting, in any form and any manner whatsoever, one or more of the acts and activities described above,
and more generally any practice that diverts the Services to purposes other than those for which they were designed.
11.2 – It is strictly forbidden for Users to copy and/or misappropriate the concept, technologies, and/or other elements of the Site for their purposes or those of third parties.
11.3 – The following are also strictly prohibited:
(i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services;
(ii) all intrusions or attempts to intrude into the systems of OCTOPUSH;
(iii) any detour of the system resources of OCTOPUSH;
(iv) any action that imposes a disproportionate burden on the infrastructure of OCTOPUSH,
(v) any breaches of security and authentication measures,
(vi) any acts likely to harm the financial, commercial, or moral rights and interests of OCTOPUSH or the users of its site.
(vii) And finally more generally any breach of these general conditions.
11.4 – It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Site, as well as to the information which is hosted and/or shared there.
12 – Penalties for non-compliance
12.1 – In the event of failure to comply with any of the provisions of these general conditions or more generally, infringement of the laws and regulations in force by a User, OCTOPUSH reserves the right to take any appropriate measure and in particular to :
(i) suspend or terminate the access to the Services of the User, author of the breach or infringement, or having participated in it,
(ii) delete any content posted on the site,
(iii) to publish on the site any information message that OCTOPUSH deems useful,
(iv) notify any relevant authority,
(v) initiate any legal action.
13 – Registration
13.1 – The User who wishes to use the services provided by OCTOPUSH, will have to register beforehand on the Website and validate his registration by providing the data required by OCTOPUSH on the page “registration”.
13.2 – To validate his registration, the User will have to acquaint himself with the present general conditions of sale and use as well as with the Policy of Confidentiality and protection of personal data and to give his explicit consent.
13.3 – The User will have to accept the use of Cookies by OCTOPUSH as described in our Privacy Policy.
14 – Prices
14.1 – The User must credit his account by buying SMS Credits to be able to benefit from the services of OCTOPUSH. The purchase of SMS Credits can be made only if the user has previously registered and validated his account by SMS. The User has at his disposal a list of formulas of purchase of SMS Credits whose ranges of quantity and rates are indicated on the Site.
14.2 – The prices appearing on the Website are prices in euros, taking into account the rates applicable on the day of the order. OCTOPUSH may, without the User being able to oppose this decision which will be imposed by right, adjust the routing price list at any time, it is however understood that the price appearing at https://dev.octopush.com/tarifs-sms on the day of validation and payment of the order will be the only one applicable to the User’s order.
15 – Order
15.1 – The User who wishes to purchase SMS Credits must :
be registered on the site OCTOPUSH and have provided all the required information.
connect on OCTOPUSH, select a formula of purchase of SMS Credits on OCTOPUSH and take note of the conditions of purchase and use of SMS Credits.
Validate your order after having checked it and make the payment in the conditions provided. The validation of the order involves acceptance of the present conditions of sales and use.
16 – Delivery
16.1 – SMS Credits are credited to the benefit of the User following validation of the order and its payment.
16.2 – In case the SMS Credits would not be credited to the benefit of the User immediately after the validation of the order and its payment, the User must imperatively contact OCTOPUSH by email and/or telephone to accelerate the processing of his order without however being able to require any refund.
17 – Payment
7.1 – OCTOPUSH puts at the disposal of the User several methods of payment indicated on the page of purchases of SMS Credits.
17.2 – The choice of the method of payment will be carried out at the time of the placing of the order and implies the acceptance of the methods of payment indicated on the page of purchases of SMS Credits.
17.3 – OCTOPUSH reserves the right to refuse any order of a User with whom would exist a dispute relating to the payment of a previous order or any reason specific to the company OCTOPUSH without the need to justify its choice.
17.4 – Once the order has been placed and validated no refund can be requested by the User.
18 – Withdrawal
18.1 – The purchase of SMS credits is not subject to a right of withdrawal, it is understood that these general conditions of sale and use apply only to professionals.
19 – Personal data
19.1 – The User is the sole owner and responsible for the data he communicates to OCTOPUSH.
19.2 – Under the Laws on the Protection of Personal Data such as the law n°78-017 of January 6, 1978, relating to data processing, files and freedoms as well as the General Regulation on the Protection of Personal Data (2016/679) (RGPD), the User is informed and accepts that the personal data concerning him/her will be processed. These data are exclusively intended for OCTOPUSH and its subcontractors (as defined by article 28 of the RGPD) for the execution of this contract. The information which will be requested is compulsory because it is necessary for the order and the execution of the service.
19.3 – Following the Personal Data Protection Laws, the User has the right to access, rectify, delete, limit the processing and portability of data, as well as the right to object to the processing of personal data concerning him/her. By the RGPD, OCTOPUSH has updated its Personal Data Protection Policy, and by using OCTOPUSH’s services, the User accepts the terms of the Privacy and Personal Data Protection Policy available here.
19.4 – The User’s e-mail address may be used in the case of the announcement of new services available on the website and commercial offers. Opposition to this type of message can be made by simple request using the contact form on the contact page of the site https://www.octopush.com.
19.5 – The User is conscious that the data which he transmits to OCTOPUSH will be archived and treated. The texts of the SMS can be subjected to human validation within the framework of the respect of the rules of deontology described in the present general conditions.
Within the framework of the improvement of the quality of service, and of the management of the after-sales service, the information concerning the sending of SMS can be archived (text, telephone numbers, sending dates, date of connection, etc.).
19.6 – To use the service, the User must transmit a valid e-mail address and a valid cell phone number. This data will be used in particular to send monitoring messages, alerts, order confirmations, etc.
19.7 – To use the service, the User accepts the use of cookies. All the details concerning the cookies used by OCTOPUSH are available to the user here.
20 – Duration
20.1 – The present contract comes into force for an indefinite duration on the day of the registration on the site OCTOPUSH.
20.2 – The SMS credits purchased have a validity period of 365 days from the date of purchase.
This period of validity is renewed for a new period of 365 days each time the User makes a purchase on the website or a sending of SMS.
If a User has not made a purchase or sent an SMS for 365 days, the SMS not having been sent will be automatically canceled by Octopush, without notice to the User. The purchase and sending history will be used to justify the cancellation.
21 – Alert procedure and reporting of abuse
21.1 – You are invited to report to OCTOPUSH any fraudulent use of the Site and/or the Services offered of which you would know and in particular of any message whose contents would contravene the prohibitions stated in the present GCU and more generally any legal provisions in force.
21.2 – If you consider that there has been a violation on the Site and/or the Services of a right of which you are the holder, you can indicate it to OCTOPUSH following article 6-1-5 of the law n°2004-575 of June 21, 2004, by registered mail with acknowledgment of receipt specifying the following information:
(i) If you are a natural person: surname, first name, date of birth, nationality, domicile, profession. If you are a legal entity: form, corporate name, registered office, body legally representing you.
(ii) A precise description of the disputed content and the precise URL address at which it is located on the Site
(iii) The reasons why this content should be removed with a reference to the applicable legal provisions.
22 – Advertising
22.1 – OCTOPUSH reserves the right to insert on any page of the Site and/or Services and in any communication to the Users any advertising or promotional messages in a form and under conditions of which OCTOPUSH will be the sole judge.
23 – Force majeure
23.1 – Any event beyond the control of the parties and which it is impossible to reasonably foresee and overcome will be considered as an event of force majeure. Thus, OCTOPUSH will not be held responsible for delays or non-performance of its contractual obligations resulting from the occurrence of events beyond its control, such as: an act of the prince, weather disturbances, absence or suspension of electricity supply, lightning or fire, the decision of a competent administrative authority, war, public disturbances, acts or omissions by other telecommunications operators, or other events beyond the reasonable control of OCTOPUSH. Any circumstances of this nature occurring after the conclusion of the contract and preventing the execution in normal conditions of the service are considered as a cause of exoneration of all or part of the obligations of the parties. Consequently, OCTOPUSH could not be held responsible for the resulting service interruptions.
24 – Disputes and territorial jurisdiction
24.1 – The present conditions of online sales are subject to French law.
24.2 – The parties will not be held responsible, or considered as having failed to comply with these conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts.
24.3 – The present conditions represent the entire agreement between the parties and replace all previous agreements or declarations, oral or written, relating to their subject matter.
24.4 – For all disputes relating to the execution or interpretation of the present terms and conditions, their consequences, and consequences, the parties shall seek, before any litigation, an amicable agreement and shall provide each other with all necessary information to this effect.
24.5 – Failing this, only the Commercial Courts of Marseilles will be competent in the event of litigation of any nature or dispute relating to the formation or execution of the order.
24.6 – This clause also applies in the event of summary proceedings, incidental claims, or multiple defendants or warranty claims, and regardless of the method and terms of payment, without any clauses attributing jurisdiction that may exist on the Users’ documents being able to prevent the application of this clause.
24.7 – Any dispute or claim must be addressed to :
SAS OCTOPUSH
131 av du Prado
13008 Marseille
24.8 – If one or more of the clauses of this contract were to be declared unfair by a court, the other clauses of this contract would not be challenged and would continue to apply between the parties.
24.9 – In the event of a conflict of interpretation between two clauses on the same subject matter, the most recent clause according to the numbering of the clauses used in this contract shall prevail.
25 – Security and authentication
25.1 – Access to a User account requires authentication.
Via the website, the authentication is done by the combination of email and password.
Via the API, the authentication is made by the combination of email and API key.
25.2 -Too secure the access to its account by API, OCTOPUSH allows the User to define two types of filters by IP that the User can activate:
strict IPs: calls to the API from an IP different from the defined ones will be rejected.
the trusted IPs: calls to the API from these IPs will be automatically accepted. Otherwise, manual validation will be set up.
25.3 – In the event of usurpation of the User’s identifiers and use of his/her SMS credits, no refund or claim may be made.
The user assumes full responsibility for his identifier and accepts the potential risks of these types of authentication.
26 – Intellectual property
26.1 – All the elements of the https://www.octopush.com site are and remain the intellectual and exclusive property of OCTOPUSH.
26.2 – Nobody is authorized to reproduce, exploit, diffuse, or use with some title that it is, even partially, elements of the site that they are software, visual or sound. Any simple link or by hypertext is strictly prohibited without an express written agreement of OCTOPUSH.
27 – Technical rules and GSM standards
27.1 – All UTF-8 characters are supported by this SMS sending platform. However, for reasons of compatibility, or operator constraints, some characters will be replaced. The SMS messages concerned may not be the subject of a complaint by the User.
27.2 – In “Standard” quality, the maximum size of SMS messages is 160 characters. Standard SMS messages are only intended for sending to Mobile phones in Metropolitan France (Orange, Bouygues, Free, and SFR). Some characters, such as the € sign, may not be used on “Standard SMS” routes (= SMS Low Cost).
27.3 – In ” Premium ” and ” World ” quality, here are the rules that apply:
Only one SMS is sent if its size is less than or equal to 160 characters.
If the text exceeds this number of characters, then a message is divided into batches of 153 characters (for the characters present in the list presented below), and each batch costs the price of a single SMS.
If the text includes characters other than these, then the message is split into batches of 70 characters, and each batch costs the price of a single SMS.
27.4 – Before applying the above rule, these characters are systematically replaced.
Original character :
À Á Â Ã È Ê Ë Ì Í Î Ï Ð Ò Ó Ô Õ Ù Ú Û Ý Ÿ á â ã ê ë œ í î ï ð ó ô õ ú û µ ý ÿ ç Þ ° ¨ ^ ” ” | \ ‘ ” … ‘ ‘ ” ” – • – — ´ `
Replaced by :
A A A A A A A E E E E E I I I I D O O O O U U U U U Y Y a a a a e e e i i i o o o o o u u u y c y o – – ” ” I / , , , . ‘ ‘ » » . – – – ‘ ‘
27.5 – Characters authorized for cutting in batches of 160
0 1 2 3 4 5 6 7 8 9
a A b B B c C d D e E f F g G h H i I j J k K l L m M n N o O p P q Q r R s S t T u U v V w W x X y Y z Z
à À á Á â Â ã Ã ä Ä å Å æ Æ ç Ç è È ê Ê ë Ë é É ì Ì í Í î Î ï Ï ð Ð ñ Ñ ò Ò ó Ó ô Ô õ Õ ö Ö ø Ø ù Ù ú Ú û Û ü Ü ÿ Ÿ ý Ý Þ ß
{ } ~ ¤ ¡ ¿ ! ? “# $ % & ‘ ^ * + – _ , . / : ; < = > § @ ( ) [ ] [ ] Ω Π Λ Λ Γ Φ Π Ξ Ω € £ £ ¥
27.6 – These following characters count for two in the calculation of the length of your message :
{ } € [ ] ~ ^ ¨ | & $ @ \n \r \t (carriage return and tab)
27.7 – The sender
When you choose the “Premium” quality, you can define an issuer name.
This can be made up of 3 to 11 alphanumeric characters (no special characters, and at least one letter).
Allowed characters are: a to z, A to Z, 0 to 9 and ” ” (space).
Some operators do not allow personalization of the transmitter and may replace the transmitter name chosen by the User with another character string, such as a 5-digit short number.
27.8 – When sending SMS messages via a pre-registered contact list, duplicates may be removed, to prevent abuse or spam.
28 – Modifications
28.1 – In the event of modification of any clause herein, these will be resubmitted to the User via his client interface on the site. The Use of Octopush services is equivalent to the acceptance of the present. The User will not be able to claim any refund of his remaining SMS credits even if he refuses the proposed modification.
28.2 – In the event of a modification relating to the processing of personal data, the User’s consent will be required without in particular allowing the User to request a refund of the remaining SMS credits.
last revision: February 12, 2019