These Terms of Service (the “Terms”) govern your access to and use of the SimBuster mobile applications, websites, dashboards, APIs and related services (together, the “Service”). Please read them carefully.

By creating an account, purchasing, downloading, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Who we are

The Service is operated by Tierra Digital Ltd (“Tierra Digital”, “we”, “us”, “our”).

2. Definitions

In these Terms:

• “Account” means the account you create to use the Service.
• “Credits” means prepaid balances (including calling credit, SMS credit, and any other stored value in-app) used to access paid features.
• “eSIM Plan” means a mobile data plan delivered via eSIM for use on compatible devices.
• “Number” means any virtual phone number, DID, mobile number, landline number, toll-free number or similar numbering resource provisioned to you through the Service.
• “Partner” means any carrier, network operator, supplier, reseller, platform provider, payment processor or other third party that provides components of the Service.
• “Referral Rewards” means any referral fee, reward, cashback, commission, credit or similar incentive offered in connection with the Service.
• “You/your” means the person or entity using the Service.

3. Eligibility and account registration

3.1 Age. You must be at least 18 years old to use the Service.

3.2 Accurate information. You must provide true, accurate, current and complete information when you register and when we request it, and keep it up to date.

3.3 Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. Notify us immediately if you suspect unauthorised use.

3.4 Business accounts. If you use the Service on behalf of a business or other organisation, you represent that you have authority to bind that entity, and references to “you” include that entity.

4. The Service

4.1 The Service may include:

• provisioning and management of Numbers
• VoIP calling and messaging features
• call forwarding, call handling and routing features
• IVR, voicemail, AI receptionist and/or AI voice-bot features
• eSIM Plans and other connectivity products
• mobile top-ups, prepaid codes, and other digital products
• referral and rewards features

4.2 No guaranteed availability. The Service is provided on an “as is” and “as available” basis. Coverage, quality, latency, routing, call completion, message delivery, network availability and speeds depend on multiple factors outside our control, including networks and Partners.

4.3 Changes. We may add, modify, suspend or discontinue any part of the Service at any time, including features, rates, availability, supported countries and number types.

4.4 Messaging, caller ID and OTP limitations. SMS and voice delivery (including caller ID presentation), message delivery reports/receipts, and routing depend on carriers, device settings, anti-spam systems and local regulations. We do not guarantee delivery of any message or call, the availability of inbound SMS, or that your caller ID will be displayed as expected.

Some services—particularly one-time passwords (OTP), short codes, verification messages, and certain automated messaging routes—may be blocked, filtered, delayed or not supported by specific operators or countries. Person-to-person (P2P) messaging may be available where supported, but is still subject to carrier filtering and local restrictions. You should not rely on the Service for OTP receipt or for time-critical authentication, and you should maintain alternative methods.

5. Emergency services

5.1 Not for emergency calling. The Service is not designed to route or support emergency calls (including, for example, 999/112/911 or local equivalents) and emergency calling cannot be guaranteed (and may be unavailable).

5.2 Keep an alternative. You must maintain a separate, conventional mobile or fixed-line service to ensure you can access emergency services.

5.3 Not a substitute for primary service. The Service is not a replacement for your primary mobile operator service. It may not work during power failures, internet outages, when data connectivity is unavailable, or where device/network limitations prevent access.

6. Acceptable use and prohibited activities

6.1 You must use the Service lawfully, responsibly, and in compliance with these Terms.

6.2 You must not (and must not allow others to):

• use the Service for any unlawful, fraudulent, abusive, defamatory, harassing, threatening, or harmful purpose
• send spam, unsolicited messages, or run bulk messaging campaigns without lawful basis and required consents
• engage in auto-dialling, robocalling, call blasting, callback services, traffic pumping, artificial inflation of traffic, excessive call forwarding, or other abnormal calling patterns designed to generate volume rather than genuine communications
• impersonate any person or entity or misrepresent your identity, location, caller ID, or authority
• use the Service to facilitate scams, phishing, social engineering, SIM/eSIM fraud, identity theft, or to evade law enforcement or regulatory requirements
• use the Service for political/charitable solicitation, telemarketing, polling, or advertising where you do not have a lawful basis and the required consents, notices and registrations
• use Numbers for prohibited content categories or restricted industries where applicable (including where a Partner or regulator prohibits the intended use)
• attempt to interfere with, disrupt, reverse engineer, or gain unauthorised access to the Service, networks, systems, security controls, or other users’ Accounts
• resell, redistribute, sublicense, or commercially exploit the Service unless we have expressly authorised you in writing or via a published reseller programme
• use the Service (including IVR, voicemail, AI features, voice generation, or any training or configuration of bots) to create, upload, transmit, or facilitate content that is unlawful, exploitative, hateful, violent, sexually explicit, or otherwise inappropriate, or to generate content that encourages criminal activity or other illegal conduct
• upload, generate, or submit content containing profanity, hate speech, threats, or illegal material where this creates risk to users, Partners or the public

We may remove or restrict content, suspend features, and/or terminate Accounts for violations.

6.3 Automations and AI features. Where the Service provides automation (including IVR or AI-driven call handling), you may use those features only in ways that comply with applicable law (including consent and notice requirements). You remain responsible for your scripts, prompts, routing choices and outputs.

6.4 Monitoring and enforcement. We (and our Partners) may monitor usage patterns, investigate suspected misuse, and take action including rate-limiting, blocking, suspending or terminating Accounts, Numbers, eSIM Plans, and/or withholding payouts or refunds.

7. Numbers, registration requirements and compliance

7.1 Number availability and changes. Numbers are provided subject to availability and Partner/regulatory constraints. We do not guarantee that any specific Number will remain available.

7.1A No ownership. Numbers are allocated and routed through carriers and Partners. You receive a right to use a Number while your Account remains in good standing and while the relevant fees are paid, but you do not own the Number. Routing and allocation may be changed or withdrawn by carriers, Partners or regulators.

7.2 Verification and documentation. Some Numbers and/or jurisdictions require identity verification, proof of address, business documents, signed authorisations, or other documentation (including in some cases a letter of authorisation). You agree to provide any required documents promptly and accurately.

7.3 Right to reject or suspend. We may refuse to issue, renew or port Numbers, or may suspend or reclaim Numbers, if:

• required documents are not provided or do not meet requirements
• a regulator, carrier, Partner or competent authority requires action
• we reasonably suspect misuse, fraud, unlawful activity, or policy breach
• fees are unpaid

7.4 Loss of a Number. If a Number is suspended or reclaimed due to your breach, non-payment, or failure to meet regulatory requirements, you may lose that Number without compensation.

7.5 Promotional or “free” Numbers (including “Magic” Numbers). We may offer promotional Numbers at no or reduced charge, subject to additional conditions which may be shown in-app. Unless stated otherwise:

• promotional Numbers are provided for evaluation/limited use and may be changed, suspended or withdrawn at any time
• you do not own promotional Numbers
• where a promotional Number is offered on the basis of activity, we may reclaim it if it does not receive at least one (1) genuine inbound call within the first 30 days after allocation (or such other period shown in-app)

Any attempt to artificially generate activity to retain a promotional Number is a breach of these Terms.

8. eSIM Plans

8.1 Third-party delivery. eSIM Plans are delivered using Partner networks and platforms. Network coverage, speeds and availability vary by country, device, and Partner.

8.2 Activation. An eSIM Plan is considered “activated” when any of the following occurs (whichever happens first):

• the eSIM profile is installed on a device
• the eSIM connects to a mobile network
• any data is consumed

8.3 Expiry and data use. eSIM Plans run for a fixed term and/or data allowance. Unused data does not roll over unless expressly stated.

8.4 Device compatibility. You are responsible for checking that your device is eSIM-compatible and unlocked, and for following installation instructions.

8.5 Roaming, fair use and permanent roaming restrictions. eSIM Plans are typically provided on roaming arrangements and may be subject to Partner fair use policies and permanent roaming restrictions. If you use an eSIM Plan continuously in a single country or in a manner inconsistent with the plan’s intended roaming use, service may be reduced, suspended, or terminated by the Partner network. We are not responsible for any such actions by Partner networks. You should maintain an alternative connectivity option where uninterrupted service is required.

9. Prices, billing and payments

9.1 Prices and taxes. Prices, rates, fees, and applicable taxes may vary by product, jurisdiction, currency, and Partner costs. We may change prices and rates at any time, including with immediate effect where required by Partners, market conditions, or regulatory change.

9.2 Prepaid model and balances. Many features operate on a prepaid basis (Credits). Credits are not a bank account, are not legal tender, carry no interest, and are not insured.

9.3 Credit expiry. Unless otherwise stated in the app at purchase time, we may expire unused Credits after a period of Account inactivity, or where required by law or Partner constraints.

9.4 Payment authorisation. By providing a payment method, you confirm you are authorised to use it. We may request verification of payment method ownership.

9.5 Failed payments. If a payment fails, we may suspend paid features, Numbers, eSIM Plans, or the Account until payment is received.

9.6 App store terms. Where you purchase through Apple, Google or another app store, their billing terms also apply. If an app store controls refunds for a purchase, you may need to request the refund through that app store and we may not be able to override their decision.

9.7 Usage charging and delivery limits. Where Services are usage-based (including calls and messages), charges may be calculated and rounded in the increments shown in-app and based on network records. SMS credits may be deducted when a message is submitted for delivery, regardless of whether it is delivered, blocked or filtered by carriers. Delivery receipts/reports, where provided, are not guaranteed.

10. Refunds and cancellations

10.1 General policy. Except where required by applicable law, purchases are generally non-refundable once delivered or used. This includes (without limitation) Numbers, subscriptions once the billing period has started, call minutes, SMS bundles, Credits, top-ups, prepaid codes and other digital products once delivered. We may, at our discretion, offer refunds in limited circumstances.

10.2 eSIM 7-day refund guarantee (not activated). If your travel plans change, you may request a refund for an eSIM Plan within 7 days of purchase provided that:

• the eSIM Plan has not been activated (see clause 8.2)
• no data has been consumed
• you submit the request from within the app or via support with sufficient information for us to identify the order

We may request reasonable information to validate the request.

10.3 Refund deductions and fees. Where a refund is approved:

• it will be issued only to the original payment method
• we may deduct non-refundable fees we incur (including payment processing fees, foreign exchange costs, Partner provisioning costs, and administration fees)
• where Referral Rewards, credits, discounts or other incentives were issued in connection with the refunded purchase, we may deduct their value from the refund or reverse/claw back the relevant rewards
• we may apply a reasonable refund processing fee, displayed at the time of refund

10.4 Numbers and subscriptions. Number rentals/subscriptions generally renew automatically until cancelled in your Account settings (where available). Unless required by law, fees already paid for a billing period are not refundable once the period has started.

10.5 Chargebacks and payment disputes. If you initiate a chargeback or payment dispute without first contacting support to resolve the issue, we may suspend your Account and Services while the dispute is investigated. If a chargeback is upheld against us, you are responsible for any resulting fees, losses or reversals, and we may recover those amounts by set-off against any balances, refunds, or Referral Rewards.

10.6 Verification for refunds. For fraud prevention and compliance, we may require additional information to process a refund (including proof of identity and/or proof of payment method ownership). If we cannot verify the request, we may refuse or delay the refund to the extent permitted by law.

11. Referral Rewards programme

11.1 Optional programme. We may offer Referral Rewards to eligible users. Referral Rewards are a marketing incentive, not wages, salary or employment income from us.

11.2 No earnings guarantee. We do not guarantee that you will receive any Referral Rewards. Rewards depend on many factors, including product eligibility, user actions, cancellations, chargebacks, compliance checks and changes to programme rules.

11.2A Eligible purchases only. Referral Rewards are generated only from completed, eligible purchases made by users you refer, in accordance with the programme rules shown in-app from time to time. A purchase may be ineligible (and therefore generate no reward) where it is refunded, reversed, charged back, cancelled, not delivered, disputed, flagged for risk, or otherwise excluded.

11.2B No rewards for non-purchase actions. Referral Rewards are not paid for app installs, sign-ups, reviews/ratings, clicks, impressions, or any non-purchase activity.

11.2C No manipulation. You must not attempt to manipulate the programme (including through self-referrals, fake Accounts, traffic manipulation, incentivised sign-ups, or other abuse). We may withhold, cancel or claw back Referral Rewards and may suspend or terminate your Account for suspected abuse.

11.2D Provisional rewards. Referral Rewards may be shown as pending and are not final until the applicable validation period has elapsed and all checks (including refund/chargeback, risk and compliance checks) are complete. We may adjust, reverse or set off pending or paid rewards to reflect refunds, reversals, chargebacks, disputes, non-delivery, suspected fraud/abuse, programme breaches, Partner requirements, or errors.

11.3 Variable rates and programme changes. Reward amounts, eligibility criteria and calculation methods may vary by product, country, campaign and time. We may change, suspend or terminate the programme (or any part of it) at any time.

11.4 Minimum withdrawal and holdbacks. The minimum withdrawal amount is USD 100 (or the local currency equivalent). We may apply reasonable hold periods before withdrawals become available, particularly to manage refunds, chargebacks and fraud risk.

11.5 Verification and compliance checks. We may require identity verification and/or other compliance checks (including KYC/AML checks) before allowing withdrawals, and may require re-verification from time to time. If you do not complete required checks, we may withhold or cancel withdrawals and/or terminate participation.

11.5A Withholding and investigations. We may withhold or delay withdrawals where we reasonably suspect fraud, programme abuse, breach of these Terms, or where required to manage refunds/chargebacks, or to comply with law or Partner requirements.

11.6 Clawbacks and set-off. We may reverse, claw back or set off Referral Rewards if:

• the underlying transaction is refunded, reversed or charged back
• we reasonably suspect abuse, fraud, policy breach, or attempted manipulation
• we are required to do so by a Partner, regulator or law
• the reward was granted in error

11.7 Taxes. You are responsible for all taxes and reporting obligations arising from Referral Rewards.

12. AI and automation features

12.1 Outputs are not guaranteed. AI and automation features may produce incorrect, incomplete or unsuitable outputs. You remain responsible for reviewing and approving any messages, scripts, responses, routing and settings.

12.2 No professional advice. AI features are not professional advice (including legal, medical, or financial). Do not rely on them for such purposes.

12.3 Consent and recordings. If you enable recording, monitoring, transcription or AI analysis of calls or messages, you represent that you have provided any required notices and obtained any required consents under applicable law.

13. Content, uploads and user materials

13.1 You may upload content such as audio, scripts, prompts, recordings, contact lists, and other materials (“User Materials”).

13.2 You represent that you own or have the necessary rights and permissions to use and upload User Materials, and that they do not infringe third-party rights or violate law.

13.3 You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit and use User Materials as necessary to provide, maintain, secure and improve the Service.

14. Third-party services and links

14.1 The Service relies on Partners (including carriers, network operators, payment processors, and platforms). Their terms, policies and technical constraints may apply.

14.2 We are not responsible for third-party products or services, including network availability, content, or acts/omissions of Partners. Where a third party provides a separate product (for example, a top-up, prepaid code, or certain connectivity products), your contract for that product may be directly with the third party.

15. Intellectual property

15.1 The Service, including software, interfaces, branding, and all related intellectual property rights, is owned by Tierra Digital or its licensors.

15.2 You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works from the Service except to the extent permitted by law.

16. Suspension and termination

16.1 By you. You may stop using the Service at any time. You may be able to cancel renewals within the app settings. Closing your Account does not automatically entitle you to refunds.

16.2 By us. We may suspend or terminate your Account, Numbers, eSIM Plans, access to the Service, and/or Referral Rewards immediately if we reasonably believe:

• you breached these Terms or applicable law
• you created risk for us, our users, our Partners, or the public
• we are required to do so by a Partner, regulator or law
• your payment is overdue or reversed

16.3 Effect of termination. On termination, your right to access the Service ends. You may lose Numbers and any remaining balances or rewards to the extent permitted by law.

16.4 Account deletion requests. You may request deletion of your Account via the app or support. Where permitted by law, we will delete or anonymise personal data associated with your Account. However, we may retain certain information where necessary to comply with legal and regulatory obligations (including tax, accounting, telecommunications, KYC/AML, and fraud prevention requirements), resolve disputes and enforce agreements, and/or maintain security, prevent abuse, and protect our users, Partners and platform integrity. If we retain information for these purposes, we will restrict access and keep it only for as long as necessary.

17. Disclaimers

17.1 To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

17.2 We do not warrant that the Service will be uninterrupted, secure, error-free, timely, or that any particular result will be achieved. The Service may contain bugs, errors or other issues and may be subject to downtime, maintenance and outages.

17.3 Telecommunications and connectivity services can be affected by power failures, internet outages, carrier/network issues, device limitations, geographic constraints, and regulatory actions. You accept these risks.

18. Limitation of liability

18.1 Nothing in these Terms limits liability that cannot legally be limited (including, where applicable, liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation).

18.2 To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, business, goodwill, data, or anticipated savings.

18.3 To the maximum extent permitted by law, our total aggregate liability arising out of or related to the Service will not exceed the greater of:

• the total amount you paid to us for the Service in the three (3) months preceding the event giving rise to the claim
• USD 100

18.4 We are not liable for acts or omissions of Partners, carriers, network operators, internet providers, payment processors, app stores, or other third parties.

19. Indemnity

You will indemnify and hold harmless Tierra Digital and its officers, directors, employees, agents, Partners and licensors from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or relating to:

• your use of the Service
• your User Materials
• your breach of these Terms or applicable law
• your violation of any rights of a third party

20. Privacy and data

20.1 Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms.

20.1A Verification/KYC data handling. Where identity verification or other compliance checks are required (including for Number provisioning, regulatory compliance, fraud prevention, or withdrawals), you may be asked to provide documents or information. We take reasonable steps to handle such data securely and in accordance with applicable data protection law (including the GDPR where it applies).

We may use trusted third-party verification providers. Where this applies, you may be asked to upload documents directly to the provider’s secure systems and we may receive only the verification result and reference information.

Where practicable, verification is performed using secure systems and we aim to minimise retention. We do not retain verification documents longer than necessary, and where permitted by law and operationally feasible, we delete them after verification is completed. We may retain limited records (for example, verification status, timestamps, and reference IDs) as necessary for compliance, audit, dispute resolution and fraud prevention, and where required by law.

20.2 We may be required to disclose information to regulators, carriers, emergency services (where applicable), law enforcement, courts, or other competent authorities.

21. Communications

21.1 We may contact you electronically (including in-app notices, email, SMS or other messaging) about your Account, purchases, security, service changes and legal notices.

21.2 Marketing communications are optional where required by law, and you can opt out where available.

22. Changes to these Terms

We may update these Terms from time to time. The updated Terms will be posted within the app or on our website, and will apply from the stated effective date. By continuing to use the Service after the effective date, you accept the updated Terms.

23. Governing law and dispute resolution

23.1 These Terms are governed by the laws of Hong Kong.

23.2 The courts of Hong Kong will have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms, except where mandatory consumer protection laws in your country of residence require otherwise.

23.3 Before starting proceedings, the parties will use reasonable efforts to resolve disputes informally by contacting support.

24. Miscellaneous

24.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remainder will remain in full force and effect.

24.2 No waiver. Failure to enforce any provision is not a waiver.

24.3 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or as part of a merger, acquisition, corporate reorganisation or sale of assets.

24.4 Entire agreement. These Terms (and any documents referenced in them) are the entire agreement between you and us regarding the Service.

24.5 Force majeure. We are not responsible for delays, failures or interruptions caused by events beyond our reasonable control, including (without limitation) carrier/network failures, internet outages, power failures, regulatory actions, sanctions, acts of government, cyberattacks, labour disputes, natural disasters, or failures of third-party systems.

25. Contact

If you have any questions about these Terms please contact us