Terms of Service

1. Acceptance of Terms

By accessing or using the Symbo platform, website, or any related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Symbo LLC (“Symbo,” “we,” “us,” or “our”).

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

Symbo provides a cloud-based sales engagement platform that includes parallel and power dialing, local presence dialing, AI-powered call transcription and coaching, CRM integrations, sales sequences, SMS messaging, and related tools designed for business-to-business sales teams. The Service is provided on a subscription basis.

The Service is designed for business use only and is not intended for personal, consumer, or emergency communications. THE SERVICE IS NOT A REPLACEMENT FOR TRADITIONAL TELEPHONE SERVICE AND DOES NOT SUPPORT 911 OR OTHER EMERGENCY CALLS. You acknowledge that Symbo is not a telecommunications carrier and does not provide dial tone or PSTN connectivity directly.

3. Account Registration & Security

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Symbo immediately of any unauthorized use of your account.

You must be at least 18 years of age to create an account and use the Service.

Each user seat is for a single named individual and may not be shared among multiple people. You are responsible for all activity under each seat, including activity by your employees, contractors, and agents.

4. Compliance with Calling Laws

You are solely responsible for complying with all applicable federal, state, local, and international laws, rules, and regulations governing your use of the Service, including but not limited to:

• The Telephone Consumer Protection Act (TCPA) and its implementing regulations
• Federal Communications Commission (FCC) rules and orders
• Federal Trade Commission (FTC) Telemarketing Sales Rule (TSR)
• The CAN-SPAM Act (for SMS and email communications)
• State telemarketing and telephony regulations
• National and state Do Not Call (DNC) list requirements
• Applicable international telecommunications regulations

YOU, NOT SYMBO, ARE THE INITIATOR OF ALL CALLS AND MESSAGES MADE THROUGH THE SERVICE. Symbo provides the technology platform; you are responsible for how you use it. You acknowledge that you have independently verified that your use of the Service complies with all applicable laws and that you have obtained all necessary consents from the recipients of your calls and messages.

Symbo does not provide legal advice regarding compliance. We strongly recommend that you consult with your own legal counsel to ensure your calling and messaging practices comply with all applicable laws.

5. Acceptable Use

You agree not to:

• Use the Service for unsolicited robocalling, spam dialing, or any form of illegal telemarketing
• Violate any federal, state, local, or international telemarketing or telecommunications regulations
• Call or send messages to numbers on the National Do Not Call Registry or any applicable state DNC list without a valid exemption
• Misrepresent your identity or caller ID information in violation of the Truth in Caller ID Act
• Use the Service to harass, threaten, defraud, or stalk any person
• Use the Service for any illegal purpose or to transmit unlawful content
• Interfere with or disrupt the Service, its infrastructure, or other users’ use of the Service
• Attempt to gain unauthorized access to the Service or other users’ accounts
• Resell, redistribute, or sublicense the Service without prior written permission from Symbo
• Use the Service in a manner that generates excessive or abusive call volume, as determined by Symbo in its reasonable discretion
• Share account credentials or allow any person other than the licensed user to access the Service under your account
• Use any third-party software, scripts, bots, or automation tools to interact with the Service in any manner for which it was not designed, including but not limited to automated dialing, data scraping, or API abuse
• Use the Service for emergency or life-safety purposes

Fair Usage Policy: Plans that include “unlimited” calling are subject to a fair usage policy. Unlimited calling is provided for normal, human-initiated business sales activity conducted by the individual licensed user. Symbo reserves the right to review accounts that exhibit calling patterns inconsistent with typical business use — including but not limited to excessively high call volumes, automated or scripted dialing outside of Symbo’s built-in dialer modes, or account sharing — and to throttle, suspend, or terminate such accounts at its sole discretion.

Symbo reserves the right to suspend or terminate accounts that violate these terms, engage in abusive calling practices, or generate an unreasonable volume of spam complaints, without liability and without refund.

6. Call Recording & Transcription

YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS REGARDING CALL RECORDING AND MONITORING, INCLUDING OBTAINING ALL REQUIRED CONSENTS FROM CALL PARTICIPANTS BEFORE RECORDING. MANY JURISDICTIONS REQUIRE ONE-PARTY OR ALL-PARTY CONSENT BEFORE A CONVERSATION MAY BE RECORDED. FAILURE TO OBTAIN PROPER CONSENT MAY RESULT IN CIVIL AND CRIMINAL LIABILITY.

Symbo offers call recording and AI-powered transcription as optional features. When enabled, call audio is processed to generate transcripts, summaries, and coaching insights. You are responsible for configuring these features in compliance with applicable law and for notifying call participants when recording is active.

Symbo does not provide legal advice regarding recording consent requirements. You should consult your own legal counsel.

7. SMS & 10DLC Compliance

If you use the SMS or text messaging features of the Service, you are required to register for 10DLC (10-Digit Long Code) campaigns in accordance with carrier requirements and The Campaign Registry (TCR) guidelines. You are responsible for:

• Registering your brand and messaging campaigns through the Symbo platform
• Obtaining proper opt-in consent from all message recipients
• Maintaining compliant opt-out mechanisms in all messages
• Including required disclosures (message frequency, “Msg & data rates may apply,” etc.)
• Complying with carrier-specific content policies and throughput limitations

Symbo may restrict or suspend your messaging capabilities if your campaigns are rejected by carriers, generate excessive opt-out rates, or receive spam complaints.

8. Phone Numbers & Local Presence

Phone numbers provisioned through the Service, including local presence numbers, are licensed to you for use with the Service only. You do not own these numbers. Symbo may reclaim, reassign, or retire phone numbers upon termination of your account, non-payment, or as required by our telephony providers or applicable regulations.

If you port a phone number to the Service, you represent that you are the authorized user of that number. Number porting is subject to carrier approval and processing timelines outside of Symbo’s control.

9. Payment & Billing

Paid subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. All fees are non-refundable except as required by applicable law or as otherwise stated in your subscription agreement or order form.

Usage-based charges (including per-minute calling fees, SMS fees, and additional phone number fees) are debited from a prepaid wallet balance maintained within your Symbo account. You are responsible for maintaining a sufficient wallet balance to cover usage-based charges. If your wallet balance is insufficient, Symbo may suspend usage-based features until the balance is replenished.

Symbo reserves the right to modify pricing with 30 days’ written notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing. If you do not agree to a price change, you may cancel your subscription before the start of the next billing cycle.

Symbo reserves the right to suspend your access to the Service at any time if an invoice remains unpaid past its due date. Symbo is not obligated to provide advance notice or a cure period prior to suspension for non-payment.

10. Your Data & Content

You retain all ownership rights to the data, content, and materials you upload to, create within, or transmit through the Service (“Customer Data”). By using the Service, you grant Symbo a limited, non-exclusive, worldwide license to process, store, and transmit Customer Data solely as necessary to provide and improve the Service.

You represent that you have all necessary rights, consents, and permissions to submit Customer Data to the Service, and that such data does not infringe on any third party’s rights.

Symbo may use aggregated, anonymized, and de-identified data derived from your use of the Service for product improvement, analytics, and benchmarking purposes. Such data will not identify you or any individual.

11. AI & Machine Learning

Certain features of the Service use artificial intelligence and machine learning (“AI”), including call transcription, conversation summarization, sentiment analysis, and coaching insights. AI-generated outputs are provided for informational purposes only and may not be fully accurate. You are responsible for reviewing and verifying any AI-generated content before relying on it.

Symbo may use Customer Data to train and improve its AI models, but only in an aggregated and de-identified manner that does not reveal the identity of any individual or Customer. You may opt out of AI model training by contacting us at [email protected].

12. Intellectual Property

The Service, including all software, content, trademarks, logos, and documentation, is the property of Symbo LLC and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during the term of your subscription.

You may not copy, modify, reverse-engineer, decompile, or create derivative works based on the Service or any part thereof.

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the practices described in our Privacy Policy.

14. Service Availability & Support

Symbo strives to maintain high availability of the Service but does not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our control.

Symbo provides customer support during business hours via email and in-app chat. Response times and support levels may vary by subscription plan.

15. Termination

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation takes effect at the end of the current billing period. No pro-rated refunds will be issued for unused time within a billing period.

Symbo may suspend or terminate your access to the Service immediately and without notice for violation of these Terms, non-payment, illegal activity, spam or abusive calling practices, or any conduct that Symbo reasonably believes may expose it to legal liability. In such cases, no refund of prepaid fees (including subscription fees and wallet balances) will be issued. Upon termination, your right to use the Service ceases immediately.

After termination, Symbo will retain your data for 30 days, during which time you may request an export. After 30 days, Symbo may permanently delete all Customer Data associated with your account.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SYMBO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SYMBO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Symbo does not warrant the accuracy or completeness of any AI-generated content, call transcriptions, or analytics data provided through the Service.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SYMBO LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF SYMBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SYMBO’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SYMBO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18. Indemnification

You agree to indemnify, defend, and hold harmless Symbo LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms or any applicable law
• Your violation of any third party’s rights, including call recipients’ privacy rights
• Any claims related to calls, messages, or communications you initiate through the Service, including TCPA claims, DNC violations, and spam complaints
• Your Customer Data or any content you transmit through the Service

19. Dispute Resolution & Arbitration

Informal Resolution: Before initiating any formal dispute proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 60 days.

Binding Arbitration: If the dispute is not resolved informally, either party may initiate binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator in Utah County, Utah (or remotely if mutually agreed). The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AND SYMBO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST SYMBO.

JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SYMBO WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

Exceptions: Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights. Claims within the jurisdiction of small claims court may also be brought there.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. To the extent litigation is permitted under these Terms, the exclusive venue shall be the state or federal courts located in Utah County, Utah.

21. Export Compliance

You agree to comply with all applicable export and import control laws and regulations, including without limitation the U.S. Export Administration Regulations and sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC). You represent that you are not located in, or a resident or national of, any country subject to U.S. trade sanctions, and that you are not on any U.S. government restricted party list.

22. Force Majeure

Symbo shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, power failures, internet or telecommunications outages, government actions, or carrier network issues.

23. Changes to Terms

Symbo reserves the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website, updating the “Last updated” date, and sending notice via email or in-app notification. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree with any changes, you must stop using the Service and cancel your subscription.

24. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any applicable order form or subscription agreement, constitute the entire agreement between you and Symbo.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Symbo’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without Symbo’s prior written consent. Symbo may assign these Terms without restriction.

Notices: Notices to Symbo must be sent to [email protected]. Symbo may provide notices to you via the email address associated with your account or through the Service.

25. Contact Information

If you have questions about these Terms, please contact us at:

Symbo LLC
Lehi, Utah
[email protected]