Terms of Service

• “Agent” means an AI assistant you configure and operate through the Service.
• “Customer Data” means data, content, knowledge, prompts, configuration, and materials you or your End Users submit to or generate through the Service, including conversation transcripts handled by your Agent.
• “End User” means an individual who interacts with your Agent (for example, your customer or website visitor).
• “Workspace” means the isolated tenant environment provisioned for you within the Service.
• “Credits” means the prepaid units used to meter certain usage of the Service, priced as set out in Section 9.

Symphia is a multi-tenant platform for building, deploying, and operating AI agents across chat, voice, and telephony, including knowledge grounding, tools and integrations, guardrails, human handoff, simulations, monitoring, and analytics. Subject to these Terms and your plan, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes and to make your Agent available to your End Users.

We may update, improve, add to, or discontinue features of the Service over time. We will use commercially reasonable efforts to give notice of material adverse changes that affect your active use.

You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials and API keys, and for all activity that occurs under your account and Workspace. Notify us promptly at support@symphia.ai of any unauthorized access or suspected breach.

You are responsible for the acts and omissions of your users, administrators, and anyone you allow to access your Workspace.

You control what your Agent does. You are responsible for the knowledge, instructions, tools, functions, integrations, and connected systems you configure, and for the accuracy, legality, and appropriateness of your Customer Data. You are responsible for testing your Agent (including using the simulation and monitoring tools we provide) before and during production use.

You are responsible for providing your End Users with any notices, disclosures, and consents required by law for AI-assisted interactions, call recording, messaging, and processing of their personal data, and for having a lawful basis to submit Customer Data to the Service.

You agree not to, and not to permit any user or End User to:

• use the Service to violate any law or regulation, or to infringe intellectual property, privacy, publicity, or other rights;
• generate or distribute unlawful, fraudulent, deceptive, defamatory, harassing, or harmful content, or content that circumvents the Service’s moderation or guardrails;
• use the Service for automated calling, messaging, or outreach in violation of telemarketing, anti-spam, or consumer-protection laws;
• attempt to gain unauthorized access to the Service, other tenants’ data, or underlying systems, or probe, scan, or test the vulnerability of the Service without authorization;
• reverse engineer, resell, or use the Service to build a competing product, or use it to train a competing foundation model;
• transmit malware, or interfere with or place undue load on the Service; or
• use the Service for high-risk activities where failure could lead to death, personal injury, or environmental damage, or to provide regulated professional advice (legal, medical, financial) as a substitute for a licensed professional.

We may investigate suspected violations and may suspend or limit access to protect the Service, other customers, or End Users.

The Service uses machine-learning models to generate responses and take actions. AI outputs are probabilistic and may be inaccurate, incomplete, or unexpected, and may not reflect the most current information. You are responsible for reviewing outputs and for the decisions and actions taken by or based on your Agent. Outputs are not professional advice.

Given the nature of machine learning, outputs may not be unique across users, and the Service may generate the same or similar output for us or others; these Terms do not grant you exclusive rights in outputs to the extent they are non-unique.

As between the parties, you retain all right, title, and interest in your Customer Data. You grant Symphia a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, maintain, and improve the Service for you, to prevent or address technical or security issues, and as otherwise permitted in these Terms and our Privacy Policy.

We do not sell Customer Data, and we do not use your End Users’ conversation content to train shared foundation models. We may create and use aggregated and de-identified data (that does not identify you, your End Users, or any individual) to operate, analyze, and improve the Service.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

Paid plans and usage are billed according to the pricing, plan, or order in effect when you purchase. Certain usage is metered in Credits, where 1 Credit = $0.05 USD. Unless stated otherwise, fees and prepaid Credits are non-refundable, exclusive of taxes, and due in the currency and on the schedule presented at purchase. You are responsible for applicable taxes other than taxes on our net income.

We use third-party payment processors (such as Stripe) to bill and collect payment; your use of paid features is also subject to their terms. If a payment fails or your account becomes past due, we may suspend, downgrade, or limit access, and paused or blocked capabilities may remain unavailable until amounts and balances are resolved. We may change pricing prospectively with notice.

The Service integrates with third-party products and models (for example, AI model providers, telephony and messaging carriers, payment processors, and any tools or systems you connect). Your use of those services is governed by their own terms and privacy practices, and we are not responsible for third-party services. You are responsible for the credentials and permissions you grant to connect them, and for your compliance with their terms.

Each party may access confidential information of the other. The receiving party will use the disclosing party’s confidential information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and subprocessors who need it and are bound by comparable obligations, or as required by law. Confidential information does not include information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party.

Symphia and its licensors own all right, title, and interest in and to the Service, including all software, models, designs, documentation, and the Symphia name, logo, and marks. Except for the limited rights expressly granted here, these Terms do not transfer any of our intellectual property to you, and you may not use our marks without our prior written consent.

We may offer features identified as beta, preview, evaluation, or “early access.” These are provided “as is,” may be changed or withdrawn at any time, are not covered by any service commitments, and should not be relied on in production. We may collect feedback and usage data to improve them.

Except as expressly stated in a signed agreement, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that AI outputs will be accurate, complete, or suitable for your purposes. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

You will defend, indemnify, and hold harmless Symphia and its affiliates, officers, and employees from and against any third-party claims, damages, liabilities, and reasonable costs (including attorneys’ fees) arising out of or related to your Customer Data, your Agent and its configuration, your use of the Service, your End User interactions, or your breach of these Terms or violation of law.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to these Terms or the Service, even if advised of the possibility.

To the maximum extent permitted by law, Symphia’s total aggregate liability arising out of or related to these Terms or the Service will not exceed the amounts you paid to Symphia for the Service in the twelve (12) months preceding the event giving rise to the claim. These limitations form an essential basis of the bargain and apply regardless of the theory of liability.

These Terms apply while you use the Service. You may stop using and close your account at any time. We may suspend or terminate your access, in whole or in part, if you breach these Terms, fail to pay, create risk or legal exposure for us or others, or if required by law, and we may terminate for convenience with reasonable notice.

Upon termination, your right to use the Service ends. For a limited period after termination, you may request export of your Customer Data as described in our Privacy Policy, after which we may delete it in the ordinary course, subject to legal retention requirements. Sections that by their nature should survive (including Sections 8, 11, 12, and 14–16) survive termination.

We may modify these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-product) and update the “Last updated” date. Changes take effect when posted unless stated otherwise, and your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to the changes, you must stop using the Service.

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law rules, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

To the extent the parties agree to arbitrate, disputes will be resolved by binding arbitration on an individual basis, and you and Symphia waive any right to participate in a class or representative action, except where such waiver is prohibited by law. Nothing in this section limits your non-waivable statutory rights.

You represent that you are not located in, and will not use the Service in, a country or region subject to comprehensive sanctions, that you are not on any restricted-party list, and that you will comply with applicable export-control, sanctions, and anti-corruption laws in your use of the Service.

These Terms are the entire agreement between the parties on their subject matter and supersede prior agreements on that subject. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be sent to the email associated with your account; notices to us should be sent to the contact below.

Questions about these Terms can be sent to support@symphia.ai.