Terms of Service
Terms of Service for Tierra Digital Ltd (SimBuster)
SimBuster — Terms & Conditions
These Terms & Conditions (the “Terms”) govern your access to and use of the apps, websites, virtual numbers, voice, messaging, and related products and services provided by Tierra Digital Ltd (“SimBuster“, “we”, “us” or “our”) (collectively, the “Services”). By creating an account, purchasing, or using any Services, you agree to these Terms. If you do not agree, do not use the Services.
Important: The Services do not provide access to 999/112/911 or other emergency services and are not a replacement for traditional telephone services.
1. Eligibility & Accounts
1.1 Eligibility. You must be at least 13 years old to use the Services. If you are under 18 (or the age of majority in your jurisdiction), you may use the Services only with the consent of a parent or legal guardian. Certain features may be restricted to users 18+.
1.2 Account Registration. You must provide accurate and complete information, including a verified email and mobile number, and keep it up to date. You are responsible for all activity on your account. Keep your credentials secure and notify us immediately of any unauthorised use at support@simbuster.com.
2. Service Description & Availability
2.1 Overview. SimBuster provides software applications and connectivity that enable calling and messaging using virtual telephone numbers (“Virtual Numbers”). Some features are free, others require payment (“Paid Services”).
2.2 Consumer Use Only. SimBuster is for personal communications with your known contacts. Marketing, advertising, promotional, or other business messaging/calling is not permitted.
2.3 No Emergency Calling. Calls or messages placed via the Services cannot connect you to 999/112/911 or other emergency numbers. Keep a traditional phone service available for emergencies.
2.4 Service Changes. We may modify, suspend, or discontinue features, numbers, or rates for operational, regulatory, partner, or security reasons. Where a change is material and within our control, we will provide notice through the Service or email.
2.5 Third‑Party Dependencies. Service quality depends on your device, operating system, data/Wi‑Fi connection, and third‑party networks outside our control. We make no guarantee of uninterrupted or error‑free service.
3. Virtual Numbers
3.1 Allocation. We may allocate one or more Virtual Numbers to your account. Numbers are licensed—not sold—to you for your subscription term. We may change, reclaim, or reassign numbers as required by regulators or carriers.
3.2 Inactivity & Reclamation. Numbers may be reclaimed after non‑payment, expiry, or prolonged inactivity. Reclaimed numbers may be reissued and cannot be guaranteed for re‑assignment to you.
3.3 Caller ID. We may present a SimBuster or carrier‑provided caller ID. You must not spoof or manipulate caller ID to mislead recipients.
4. Messaging & Calling Rules (Acceptable Use)
You must comply with all applicable laws and the rules of carrier networks. Prohibited uses include:
- Any business, commercial, marketing, or promotional communications.
- Bulk/mass messaging, auto‑dialers, or automated/templated campaigns.
- API access, integrations, or automation (we do not provide an API); each message must be composed and sent manually by a human user in the app.
- Spam, phishing, scams, fraud, harassment, threats, hate speech, or abusive content.
- Illegal content or activity; child sexual abuse material (CSAM); sexual exploitation; promotion of violence; instructions for illegal acts.
- Emergency services testing, war‑dialing, SIM‑boxing that violates carrier rules, or bypass of interconnect/termination fees.
- Infringing or unlawful recording of calls. Obtain consent where required.
We may investigate suspected violations and suspend or terminate access to protect users, networks, and partners.
5. US/Canada Consumer SMS Compliance
5.1 Personal Use. SimBuster messaging is for personal communications with known contacts. Marketing, advertising, or promotional messages are not permitted.
5.2 Opt‑out & Help. We honour common opt‑out keywords by default:
- STOP (also CANCEL, END, QUIT, UNSUBSCRIBE): we block further messages to that recipient from your number.
- HELP: we return a help message with basic info.
5.3 Filtering & Throughput. Carrier networks may filter or block traffic that violates policies or appears abusive. We may rate‑limit or suspend to protect deliverability and network integrity.
6. App EULA (End User Licence Agreement) & Software
6.1 Licence Grant. Subject to these Terms, SimBuster grants you a personal, revocable, limited, non-exclusive, non-transferable, non-sublicensable licence to download, install, and use the SimBuster app(s) and related software (the “App”) on devices you own or control, solely for your personal consumer use, in accordance with these Terms and any applicable app store rules.
6.2 Ownership. The App and Services (including all software, designs, trademarks, logos and other intellectual property) are owned by SimBuster and/or its licensors. You receive a licence to use the App; no ownership rights are transferredto you.
6.3 Restrictions. You must not (and must not allow anyone else to):
(a) copy, modify, translate, adapt, or create derivative works of the App or Services;
(b) reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or underlying ideas (except to the extent expressly permitted by law);
(c) remove, alter, or obscure any proprietary notices;
(d) rent, lease, sell, resell, distribute, transfer, sublicense, or otherwise make the App available to third parties;
(e) bypass or disable security features, access controls, or technical limitations;
(f) use the App in any manner that violates Section 4 (Acceptable Use) or applicable law.
6.4 Updates and Changes. We may provide updates, patches, bug fixes, feature changes, or new versions of the App. You agree that we may automatically update the App where permitted. Some updates may be required for security, compatibility, or continued access to the Services. Features may change or be removed as described in Section 2.
6.5 Third-Party Software and Services. The App may include or interact with third-party software development kits, libraries, or services (including operating system features, push notifications, analytics, and payment systems). Third parties may have their own terms and privacy policies, which you are responsible for reviewing. We are not responsible for third-party services outside our control.
6.6 App Store Terms. If you download the App from Apple’s App Store or Google Play (or another store), those store terms also apply. In the event of a conflict between those store terms and this Section 6 regarding use of the App, the store terms may govern to the extent required by the store. Apple/Google and their subsidiaries are third-party beneficiaries of this Section 6 and may enforce it against you.
6.7 Device and Network Requirements. You are responsible for obtaining and maintaining compatible devices, operating systems, and internet/data connectivity required to use the App. The Services may not function on rooted/jailbroken devices or on devices that do not meet minimum security or compatibility requirements.
6.8 Termination of Licence. This licence is effective until terminated. We may terminate or suspend the licence immediately if you breach these Terms, if required by law/carriers/partners, or to protect users, networks, or the Services (see Section 15). On termination, you must stop using the App and delete/uninstall it. Sections that by their nature should survive termination will survive (including Sections 9–10, 16–19, and 23).
6.9 No Guarantee of Performance. The App is provided “as is” and “as available” as set out in Section 16. We do not guarantee that the App will be uninterrupted, error-free, or available on all devices or in all regions.
7. Fees, Plans & Renewals
7.1 Pricing. Prices, rates (including inbound/outbound call and message rates), taxes, and fees are displayed before purchase and may change from time to time.
7.2 Billing & Auto‑Renewal. Subscriptions renew automatically unless cancelled before the renewal date (via the app, web dashboard, or your app store settings). If payment fails, access may be suspended and numbers reclaimed.
7.3 Refunds. Except where required by law, all charges are non‑refundable. We may, at our sole discretion, issue a pro‑rata credit for verified service failures attributable to us. Unauthorised chargebacks may result in suspension and loss of numbers/credit.
7.4 Taxes. You are responsible for any applicable taxes, duties, or government charges.
8. Fair Use & Limits
We may impose reasonable usage, throughput, or concurrency limits and may rate‑limit or suspend activity that degrades network quality, indicates abuse, or triggers unusual traffic patterns.
9. Data, Privacy & Processing
9.1 Privacy. Our collection and use of personal data is described in the SimBuster Privacy Policy (link available in the app/website). By using the Services, you consent to such processing.
9.2 Processing by Partners. To operate the Services, we may share necessary data (e.g., message/traffic metadata, phone numbers, content where required) with carriers, aggregators, identity verification providers, anti‑fraud services, and other vendors under appropriate safeguards.
9.3 Lawful Requests. We may preserve and disclose data pursuant to lawful requests, warrants, or court orders, or to protect our users, networks, or rights.
9.4 Data Location. Data may be processed in Hong Kong, the UK/EEA, the US, and other jurisdictions subject to appropriate transfer mechanisms.
9.5 Customer Data Responsibilities. If you upload or sync contacts or message content, you represent that you have obtained all necessary rights and consents to process such data through the Services.
10. Content & Intellectual Property
10.1 Your Content. You retain ownership of your content. You grant SimBuster a worldwide, non‑exclusive, royalty‑free licence to host, transmit, and process your content solely to provide and improve the Services.
10.2 Our IP. SimBuster and its licensors own all rights in the Services, software, logos, and trademarks. No rights are granted except as expressly set out in these Terms.
11. Number Porting
11.1 Port‑Out. Where local regulations permit, you may request to port eligible SimBuster numbers to another provider. Fees may apply; we’ll disclose any fees before processing your request. Some number types or regions may be non‑portable.
11.2 Port‑In. In supported regions, you may port numbers you already own into SimBuster. Additional verification may be required. Fees may apply; we’ll disclose any fees before processing.
11.3 Transfers Between SimBuster Accounts. Subject to our instructions, you may request to transfer an eligible SimBuster number or account credit to another SimBuster account you designate. Promotional numbers, promotional credits, and eSIM plans (if any) are not transferable. Transfers are final and non‑reversible.
11.4 Credit Expiry. Account credit (if offered) may expire 12 months after the latest qualifying activity (top‑up, active number subscription, or chargeable usage). Expired credit is not refundable.
12. Charging Details
12.1 Outbound. Calls and SMS/MMS sent from SimBuster numbers are chargeable per published rates.
12.2 Inbound (US/Canada). For US/Canada numbers, inbound calls may be chargeable at published rates. If your balance is insufficient, inbound calling and voicemail to those numbers may be unavailable until you add credit.
12.3 Inbound (other regions). Unless stated otherwise in the app/website, inbound calls and SMS to numbers outside the US/Canada are not charged to you.
12.4 Rating Units. Calls may be billed in 60‑second increments; SMS may be billed per message part based on encoding and length.
13. eSIM (if offered)
If SimBuster provides travel data eSIMs: (a) eSIMs are data‑only and not a replacement for emergency calling; (b) plans have fixed terms and/or data allowances and expire when the term ends or the allowance is consumed; (c) device compatibility and local network coverage may affect performance; (d) unused allowances do not roll over and are non‑refundable; (e) one eSIM per device.
14. Non‑Geographic Numbers
Where available, non‑geographic numbers (e.g., toll‑free/Freephone) may carry different rates or restrictions. We will show applicable rates before you purchase or use such numbers.
15. Suspension & Termination
We may suspend or terminate your access immediately if: (a) you breach these Terms or applicable laws/policies; (b) your use risks network integrity, fraud, or abuse; (c) required by a carrier/regulator; or (d) for non‑payment. You may stop using the Service at any time and, where provided, cancel subscriptions before renewal to avoid future charges.
16. Warranties & Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error‑free, or that messages/calls will be delivered.
17. Limitation of Liability
To the maximum extent permitted by law, SimBuster and its affiliates will not be liable for: (a) indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenues, data, goodwill, or business interruption; or (c) any amount exceeding the fees paid by you to SimBuster for the Services giving rise to the claim in the 12 months preceding the claim. Nothing excludes liability that cannot be limited by law (e.g., fraud, death or personal injury caused by negligence).
18. Indemnity
You will defend, indemnify, and hold harmless SimBuster, its affiliates, and their directors, officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from your: (a) use of the Services; (b) breach of these Terms or applicable law; (c) content or communications; or (d) violation of third‑party rights.
19. Export & Sanctions
You must comply with all applicable export control and sanctions laws. You may not use the Services if you are located in, or are a resident of, a country or territory subject to comprehensive sanctions, or if you are on a restricted party list.
20. Consumer SMS Disclosures (US/Canada)
Where we send you service‑related SMS (e.g., account notices or verification messages): Message frequency varies. Msg & data rates may apply. Text STOP to cancel; HELP for help. Carriers are not liable for delayed or undelivered messages.
21. Anti‑Bribery
You shall comply with applicable anti‑bribery and anti‑corruption laws and will not offer, give, request, or accept bribes or improper payments in connection with the Services.
22. Changes to the Terms
We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., via the Service or email). By continuing to use the Services after the effective date, you accept the updated Terms.
23. Governing Law & Venue
These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of Hong Kong, and the courts of Hong Kong will have exclusive jurisdiction, except that you and SimBuster may seek injunctive relief in any jurisdiction.
24. Contact
Tierra Digital Ltd
89, Lockhart Road, Unit 901 – 9th floor, Wan Chai Building, Wan Chai, Hong Kong
Email: support@simbuster.com
25. Definitions
Virtual Numbers: Numbers provisioned to your account to send/receive calls and messages through the Services.
Paid Services: Any paid plan, subscription, add‑on, or usage‑based charge.
P2P: Internet‑based communications between SimBuster users while both are online.
Non‑Geographic Numbers: Numbers not tied to a specific geographic area, which may have distinct pricing or rules.
By using SimBuster, you agree to these Terms.
