Terms of Service.

Effective date: 11/16/2025
Company: KYLER HURD LLC, DBA Symphora Automation (“Company”, “we”, “us”, or “Symphora”)
Website: symphoraautomation.com 
Contact: support@symphoraautomation.com
Address: Eau Claire, Wisconsin

  1. Acceptance of Terms By accessing or using symphoraautomation.com  and any related services (the “Site” and collectively with the Services, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Services. These Terms, any applicable SOW/MSA you sign with Company, the Privacy Policy, and any DPA constitute the entire agreement between you and Company regarding the Services.

  2. Changes to Terms We may modify these Terms at any time. Material changes will be posted on the Site with a new effective date. Continued use after posting constitutes acceptance of the revised Terms. For customers under an executed MSA/SOW, the SOW controls unless modified in writing.

  3. Description of Services We provide AI‑driven messaging and telephony services (SMS, voice), appointment booking, follow‑up automation, and integrations with third‑party platforms (the “Services”). Specific service features, pricing, and service levels are described in the applicable SOW or on the Site.

  4. Eligibility You must be at least 18 years old and have capacity to enter a binding contract. By using the Services you represent and warrant you have authority to provide phone numbers and opt‑in consents for any recipients you designate.

  5. Account Registration and Acceptance Where required, you must create an account and provide accurate, complete information. You are responsible for keeping account credentials secure and for all activity under your account. You agree to notify Company promptly of any unauthorized use.

  6. User Conduct and Acceptable Use You must comply with all applicable laws, carrier rules, and regulations (including TCPA and state telemarketing laws) when using the Services. Prohibited conduct includes, but is not limited to:

  • Using the Services to send spam, harass, defraud, or engage in illegal activity;

  • Supplying numbers without proper consent or using harvested lists;

  • Circumventing opt‑out requests or using misleading sender information;

  • Uploading or sending content that infringes third‑party rights or that is unlawful, obscene, or harmful.

  1. SMS/Voice Consent; TCPA Compliance You warrant that you have obtained all required consents, permissions, and authorizations to contact recipients via SMS, automated calls, or voice messages for the purposes you designate. You must maintain records of consent (including exact opt‑in language, timestamp, IP address/source, and method of opt‑in) for at least 3 years. Company may suspend or terminate accounts for non‑compliance. Client indemnifies Company for claims arising from lack of consent.

  2. Fees, Payment and Refunds Fees for Services are set forth in any applicable SOW or pricing page. Unless otherwise stated, invoices are payable within 30 days. Late payments accrue interest at 1.5% per month. Company may suspend Services for nonpayment. Refunds, credits, and dispute procedures are governed by the applicable SOW or Company billing policy.

  3. Intellectual Property All Company trademarks, service marks, trade names, logos, software, models, prompts, and materials (collectively “Company IP”) are owned or licensed by Company. Except for a limited, nonexclusive, nontransferable right to use the Services as permitted, no rights in Company IP are granted. Client retains ownership of Client Data, subject to Company’s limited license to process and use Client Data to provide the Services.

  4. Client Data and License to Process “Client Data” means data, content, materials, and information provided by you or your users in connection with the Services. You grant Company a nonexclusive, worldwide, royalty‑free right to process Client Data as necessary to provide the Services, for analytics, and to improve the Services, subject to the Privacy Policy and any DPA. Company will not use Client Data to train third‑party models except as disclosed and permitted in the DPA and Client agreements.

  5. Recordings and Monitoring Company may record calls and messages for training, quality assurance, or dispute resolution. You must inform recipients where required by law. Company will retain recordings according to its retention policy and the SOW/Privacy Policy.

  6. Subprocessors; Third‑Party Services Company uses subprocessors to provide parts of the Services (e.g., OpenAI, Twilio, GoHighLevel, Zapier, Stripe, Google Voice). The Company’s public subprocessors list is at: Subprocessors . Use of third‑party integrations is subject to those providers’ terms and privacy policies. Company is not responsible for third‑party actions outside Company’s control.

  7. Warranties and Disclaimers Company warrants that it will provide the Services in a professional and workmanlike manner. Except as provided herein, the Services are provided “AS IS” and Company disclaims all other warranties, express or implied, to the fullest extent permitted by law (including merchantability or fitness for a particular purpose).

  8. Indemnification You will indemnify, defend and hold Company and its affiliates harmless from and against any third‑party claim arising out of: (a) your breach of these Terms; (b) your violation of law (including TCPA) in connection with the Services; or (c) your Client Data or content. Company will indemnify Client for claims that the Company’s pre‑existing technology infringes third‑party intellectual property, subject to notification and control provisions in the MSA.

  9. Limitation of Liability Except for willful misconduct, fraud, or indemnity obligations, neither party will be liable for indirect, incidental, special, punitive or consequential damages. Company’s aggregate liability for direct damages will not exceed the total fees paid to Company under the applicable SOW in the 12 months preceding the event giving rise to liability.

  10. Termination Either party may terminate accounts in accordance with the applicable SOW. Company may suspend or terminate access for breach, suspected fraud, nonpayment, or legal reasons. Termination does not relieve Client’s obligation to pay accrued fees. Surviving provisions include Sections 9, 10, 12, 14, 15, 16, and 18.

  11. Measurement, Attribution and Disputes (if applicable to customers) For customers using Company’s appointment and commission services, measurement, verification, holdbacks, audit rights, and dispute procedures are governed by the MSA/SOW. Clients must provide Verification Evidence (invoices, payment processor IDs, CRM entries with Appointment IDs) to support commission claims. Company reserves rights to audit and seek remedies for misreporting or fraud per the MSA.

  12. Governing Law; Dispute Resolution Governing Law. These Terms are governed by the laws of the State of Wisconsin without regard to conflicts of law principles.

Dispute Resolution. Except for injunctive relief or small-claims actions, any dispute arising under these Terms will be resolved as follows:

  • Informal negotiation and mediation: The parties will negotiate in good faith for 60 days after written Notice describing the dispute. If unresolved, the parties will submit the dispute to mediation administered by the American Arbitration Association (AAA) under its Commercial Mediation Procedures in Eau Claire County, Wisconsin.

  • Binding arbitration: If mediation does not resolve the dispute within 30 days after mediation concludes, the dispute will be resolved by binding arbitration administered by AAA under its Commercial Arbitration Rules in Eau Claire County, Wisconsin. A single arbitrator with commercial/technology experience will decide. The arbitrator will apply Wisconsin law.

  • Small-claims carve-out: Either party may bring an individual claim in small-claims court for disputes within that court’s jurisdiction.

  • Class-action waiver: To the fullest extent permitted by law, you and Company waive any right to a class, collective, or representative action. THE PARTIES AGREE TO BRING ANY CLAIMS ONLY IN THEIR INDIVIDUAL CAPACITY.

  • Opt-out: You may opt out of the arbitration agreement by sending written notice to support@symphoraautomation.com within thirty (30) days of first accepting these Terms. The notice must include your name, email, date you accepted these Terms, and a statement that you elect to opt out. If you timely opt out, neither you nor Company will be bound by the arbitration requirement.

  1. Notice All notices to Company should be sent to support@symphoraautomation.com 
    Notices to you will be sent to the email address in your account.

  2. Miscellaneous

  • Assignment: You may not assign these Terms without Company’s prior written consent. Company may assign to an affiliate or successor.

  • Severability: If any provision is held invalid, the remainder of the Terms remains in effect.

  • Entire Agreement: These Terms, the Privacy Policy, any applicable MSA/SOW and DPA, and any order confirmations constitute the entire agreement between you and Company.

  • Contact: For questions, contact support@symphoraautomation.com.

— End of Terms of Service —.