Sibell Service Terms — Version 1.0 · Effective since May 15, 2026
Notice: this version 1.0 is the first published revision. The clauses related to pricing, SLA, retention, and sub-processors may be adjusted according to the particular commercial negotiation with each Client.
Sibell SAS — NIT 901.916.609-5
Version: 1.0
Effective Date: May 15, 2026
Last Updated: May 15, 2026
These Terms and Conditions (hereinafter, the "Terms") govern the use of services provided by Sibell SAS, a simplified stock company identified with NIT 901.916.609-5, with principal office at Calle 174 No. 57-30, Bogotá D.C., Colombia (hereinafter, "Sibell").
By registering on the platform, using the API, downloading technical documentation, creating an account, or accessing any of the services offered at sibell.in and its subdomains, the client (hereinafter, the "Client") expressly, freely, informedly, and unambiguously accepts to be bound by these Terms.
If the Client does not accept these Terms, they must refrain from using the services.
Sibell offers technology services including:
The scope and specific characteristics of each service are described on the sibell.in website, in the official technical documentation, and, when applicable, in the commercial contract or signed proposal with the Client.
Only the following may register as Clients:
The Client declares that all information provided in registration is truthful, complete, and current. Sibell reserves the right to reject or cancel registrations with false, incomplete, or suspected fraudulent information.
5.1. The account is personal and non-transferable.
5.2. The API Key is confidential. The Client is responsible for its custody and for all activity performed with it. Sibell will not be responsible for misuse or fraudulent use of API Keys that have been compromised due to the Client's negligence.
5.3. The Client must immediately notify Sibell of any suspected unauthorized use by writing to soporte@sibell.in. Sibell may revoke the compromised API Key and issue a new one.
5.4. Sibell offers API Key rotation mechanisms that the Client must use as a good security practice.
The Client agrees to use the Services only for legitimate purposes. The following is expressly prohibited:
Non-compliance with these restrictions entitles Sibell to suspend or terminate immediately the Client's account without refund, without prejudice to corresponding legal actions or damage claims.
The Client agrees, in addition to what is established in other clauses, to:
8.1. Current pricing is published at https://sibell.in/precios and/or in the particular commercial contract signed with the Client. Pricing is expressed by default in Colombian pesos (COP).
8.2. Billing modalities:
8.3. Payments are processed through the Bold payment gateway or another enabled provider. Acceptance by Bold or another provider does not constitute final approval by Sibell.
8.4. Top-ups and prepaid balance: top-ups are credited to the Client's balance. SMS consumption is deducted from the balance according to the current rate.
8.5. Non-refundable balance: except as provided in clause 9, unused balance is non-refundable in cash. It will have a validity of twenty-four (24) months from the date of the top-up; after this period without consumption, the balance will be considered expired.
8.6. Taxes: pricing does not include applicable taxes (VAT, withholdings, GMF, etc.), unless expressly stated otherwise. The Client is responsible for complying with their own tax obligations.
8.7. Default: payments not made on time will generate default interest at the maximum legal rate in force in Colombia, without prejudice to Sibell's right to suspend the Service.
8.8. Pricing modifications: Sibell may modify pricing with minimum notice of thirty (30) calendar days. Continued use of the Service after notice implies acceptance of the new pricing.
9.1. Trial: the Client may try the Service free of charge under the published Trial Plan conditions. The Trial creates no obligation to continue.
9.2. Billing errors: if the Client identifies a billing error, they must notify soporte@sibell.in within thirty (30) days; Sibell will review and, if applicable, adjust the balance or refund.
9.3. Services rendered: SMS actually sent, verifications processed, and consulting services actually rendered are non-refundable, except in case of attributable breach by Sibell.
9.4. Voluntary termination: the Client may cancel the Service at any time from the Dashboard. Cancellation creates no right to refund of unused balance, except as provided in 9.5.
9.5. Termination for Sibell breach: if Sibell incurs in material breach of its obligations and does not remedy within fifteen (15) business days following notification, the Client may terminate the contract and demand pro-rated refund of unused balance.
10.1. Sibell commits to a target availability level of the Service of 99.5% monthly, measured over the total time of the calendar month.
10.2. SLA exclusions:
10.3. Credits: if monthly SLA falls below 99.5%, the Client will be entitled to a credit in balance equivalent to 10% of the monthly Plan value for each 0.5% of non-compliance, with a cap of 50% of the monthly Plan value. Credits are non-refundable in cash. To claim, the Client must write to soporte@sibell.in within thirty (30) calendar days following the affected month.
10.4. SMS delivery: since final SMS delivery depends on mobile carriers, Sibell does not guarantee a 100% delivery rate and will not be responsible for non-delivery attributable to carriers, mobile network conditions, End User devices, or force majeure. Sibell does monitor delivery rate and applies failover policies between providers when degradations are identified.
11.1. The platform, software, documentation, trademarks, logos, domains, and any materials of Sibell are the exclusive property of Sibell SAS or its licensors.
11.2. Sibell grants the Client a limited, non-exclusive, non-transferable, and revocable license to use the API, Dashboard, and documentation during the contract term, exclusively for Service purposes.
11.3. The Client retains ownership of their own data, content, and trademarks. They grant Sibell a limited, non-exclusive, royalty-free license to process them as necessary to provide the Service.
11.4. Feedback, suggestions, and improvements proposed by the Client may be used by Sibell without restriction and without obligation of compensation.
Each party agrees to maintain under strict confidentiality the non-public information of the other party to which they have access in the framework of the contractual relationship. This obligation subsists for two (2) years after contract termination and does not apply to information that (i) is in the public domain without fault of the receiving party, (ii) was known beforehand, (iii) was developed independently, or (iv) must be disclosed by order of a competent authority.
13.1. Personal data processing by Sibell is governed by the Personal Data Processing Policy available at sibell.in/privacy and by the Data Processing Agreement that the parties will sign when the Service use so requires.
13.2. The Client acknowledges that, in relation to End Users, they act as Controller and Sibell acts as Processor under Ley 1581 of 2012.
13.3. The Client declares and guarantees that they have valid authorization from End Users to send SMS communications and, in general, to transmit their data to Sibell for the agreed purposes.
14.1. Sibell provides the Service in its current and available state ("as is" and "as available"). Without prejudice to the non-waivable legal warranties applicable to the professional consumer, Sibell grants no implied warranties of merchantability, fitness for a particular purpose, or non-infringement beyond those expressly agreed in these Terms.
14.2. Sibell does not guarantee that the Service is uninterrupted, error-free, or completely free of vulnerabilities, without prejudice to its permanent commitment to improvement.
15.1. To the maximum extent permitted by Colombian law, Sibell's aggregate total liability to the Client, for any cause arising from or related to these Terms or the Service, will not exceed the amount paid by the Client to Sibell during the six (6) months immediately preceding the event that gave rise to the claim.
15.2. Sibell will not be responsible for indirect, consequential damages, loss of profits, loss of business opportunities, loss of reputation, loss or corruption of Client data (beyond Sibell's internal backup), even if warned of the possibility of such damages.
15.3. The limitations of this clause do not apply to cases of fraud or gross negligence by Sibell, nor to obligations that by their nature do not admit limitation under applicable law.
The Client agrees to keep Sibell, its shareholders, directors, employees, and suppliers harmless from any claim, sanction, fine, damage, or expense (including reasonable attorneys' fees) arising from:
Neither party will be responsible for breaches arising from force majeure or fortuitous events, including, but not limited to: acts of authority, armed conflicts, natural disasters, pandemics, massive public network failures, prolonged unavailability of telecommunications or public cloud operators. The affected party must notify the other within five (5) business days following the event.
18.1. Sibell may suspend the Service totally or partially, with or without notice depending on severity, in the following cases:
18.2. Sibell may terminate the contract unilaterally with thirty (30) calendar days notice, or immediately in case of material breach or the causes of 18.1 without timely cure by the Client.
18.3. Contract termination does not release the Client from payment for services actually rendered.
Sibell may modify these Terms at any time. Substantive changes will be notified by email to the Client's primary contact and published on sibell.in with at least fifteen (15) calendar days in advance. Continued use of the Service after the effective date implies acceptance of the new Terms. If the Client disagrees, they may cancel the Service under the terms of clause 9.
The Client may not assign these Terms, in whole or in part, without prior written consent from Sibell. Sibell may assign these Terms in the framework of corporate operations (merger, acquisition, reorganization), notifying the Client.
Notices will be sent to the following email addresses:
Notices will be deemed received on the business day following sending.
These Terms are governed by the laws of the Republic of Colombia. Any dispute arising from or related to them will be submitted to the jurisdiction of the competent ordinary courts of Bogotá D.C., Colombia, with the parties waiving any other forum.
Before resorting to ordinary jurisdiction, the parties will attempt to resolve in good faith any dispute through direct negotiation for a term of no less than fifteen (15) business days from notification of the dispute.
24.1. Independence of clauses: nullity or ineffectiveness of any provision of these Terms will not affect the validity of the others.
24.2. No waiver: omission or delay by either party in exercising a right will not constitute waiver of the same.
24.3. Entire agreement: these Terms, together with the Data Processing Policy, the Data Processing Agreement (when applicable), commercial proposals, and other referenced documents, constitute the entire agreement between the parties.
24.4. Headings: clause headings are for reference only.
If you have any questions about these terms, please contact us:
Contractual and legal matters: legal@sibell.in
Operational matters: soporte@sibell.in
Address: Calle 174 No. 57-30, Bogotá D.C., Colombia
Sibell SAS — NIT 901.916.609-5