Symbal Platform Terms of Use
Last Updated: January 2, 2026
These Platform Terms of Use (the "Terms") form a legal agreement between you and Symbal, Inc. ("Symbal," "we," "us," or "our"). These Terms govern your access to and use of Symbal's proprietary software-as-a-service platform, made available through a web application and any mobile application(s) we may offer, together with any related features, tools, integrations, and services (collectively, the "Platform").
PLEASE READ CAREFULLY. By accessing or using the Platform, you confirm that you have read, understand, and agree to be bound by these Terms and our Privacy Policy (the "Privacy Policy"), which is incorporated by reference and forms part of this agreement (together with these Terms, the "Agreement"). If you do not agree, do not use the Platform.
If you accept the Agreement on behalf of a company, practice, or other entity, you represent and warrant that you have authority to bind that entity. In that case, "you" and "your" refer to that entity.
We may update these Terms from time to time. If we do, we will post the revised Terms on the Platform and update the "Last Updated" date. Your continued use of the Platform after changes become effective means you accept the revised Terms. If you do not accept the revised Terms, your sole remedy is to stop using the Platform.
IMPORTANT: ARBITRATION AND CLASS ACTION WAIVER. Sections titled "Binding Arbitration" and "Class Action Waiver" affect your legal rights. Please read them.
Capitalized terms not defined in these Terms may be defined in the Privacy Policy and will have the meanings given there.
1. Access Grant; Permitted Use
1.1 License
Subject to your compliance with the Agreement, Symbal grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the Term to access and use the Platform for your internal business purposes, and to allow your Authorized Users (defined below) to do the same on your behalf.
1.2 Use Restrictions
You will not, and will not permit or encourage any third party to:
- reverse engineer, decompile, disassemble, or attempt to discover source code, models, or underlying ideas of the Platform (except to the extent such restriction is prohibited by law);
- modify, translate, adapt, or create derivative works of the Platform;
- copy, reproduce, resell, lease, distribute, sublicense, or otherwise commercially exploit the Platform except as expressly permitted;
- remove or alter proprietary notices, labels, or legends;
- use the Platform to build, benchmark, or help build a competing product or service;
- use the Platform in violation of law or outside the purposes authorized by the Agreement;
- introduce malware or harmful code (viruses, worms, Trojan horses, backdoors, or similar);
- scrape, harvest, or extract data from the Platform through automated means except as permitted by the Platform's intended functionality;
- bypass or circumvent access controls or security features;
- operate the Platform for the benefit of a third party as a service bureau, time-sharing, or managed service, unless expressly authorized in writing by Symbal;
- store or archive substantial portions of the Platform or Content outside the Platform other than through the Platform's intended export or output tools, unless Symbal expressly permits otherwise in writing.
If you violate this Section, Symbal may suspend or terminate your access immediately, with or without notice, and without liability to you.
1.3 Changes to the Platform
We may add, modify, or discontinue features at any time. We do not guarantee that any particular feature will remain available.
2. Accounts; Authorized Users; Admin Controls
2.1 Authorized Users
Your employees and contractors who use the Platform under your account are "Authorized Users." Each Authorized User must register an account and maintain unique login credentials. Credentials may not be shared. You are responsible for all activity under your account and for ensuring Authorized Users comply with the Agreement.
2.2 Account Security
You agree to promptly notify us of any unauthorized access or suspected compromise of credentials. We may disable accounts or credentials if we believe there is a security risk or a violation of the Agreement.
2.3 Administrative User
You may designate one or more Authorized Users as administrators (each, an "Account Administrator"). Account Administrators may have access to Platform settings, configurations, and outputs associated with your organization, subject to your internal policies and any applicable law (including HIPAA). You are solely responsible for (a) appointing appropriate administrators, (b) training them, and (c) any access, use, or disclosure by them.
3. Trials and Evaluation Access
If Symbal offers a trial, evaluation, or beta period, it is provided solely to assess whether you want to purchase a subscription. During a trial, the Platform is provided as-is, without warranties, support obligations, or indemnities, and Symbal's liability is limited to the maximum extent permitted by law. We may end trial access at any time.
4. Integrations and Connectors; EHR and Other Systems
The Platform may support integrations with third-party systems (for example, EHRs, practice management tools, scheduling systems, storage providers, or other services) ("Third-Party Services"). Your use of Third-Party Services is governed by the third party's terms, and Symbal is not responsible for Third-Party Services.
If you enable an integration, you authorize Symbal to access and process data from the integrated system to provide Platform functionality. You represent that you have the rights and permissions needed to grant that access, including any patient consents required by law.
If Symbal provides a browser extension, native connector, API integration, or similar tool, additional terms may apply and will be provided to you (for example, in an attached schedule or separate terms). If there is a conflict, the integration-specific terms control only for that integration.
5. Privacy; Personal Information
Your use of the Platform may involve us processing personal information. Our processing practices are described in the Privacy Policy. To the extent your use includes PHI, our processing is governed by the Business Associate Agreement in Schedule A.
6. Ownership; Content; Intellectual Property
6.1 Platform and Content
The Platform includes software, interfaces, workflows, templates, text, graphics, audio-visual elements, documentation, and other materials provided by Symbal or its licensors ("Content"). Content does not include Your Data (defined below). Symbal and its licensors retain all right, title, and interest in and to the Platform and Content.
6.2 Trademarks
Symbal's names, logos, and marks are Symbal trademarks. Nothing grants you rights to use Symbal trademarks without our prior written permission.
6.3 Restrictions
Except as expressly permitted, you may not reproduce, distribute, publicly display, or create derivative works from the Content or Platform.
7. Your Data; Output; Usage Data; De-Identified and Aggregate Data; Model Improvement
7.1 Definitions
For purposes of this Agreement:
- "Your Data" means: (a) any information and data you or your Authorized Users submit, upload, transmit, or make available to the Platform, including recordings, transcripts, notes, form inputs, appointment context, and related metadata; (b) account information for Authorized Users; and (c) Output (defined below), including user edits and revisions.
- "Patient Recordings" means audio and/or video recordings of patient-related sessions (and accompanying context you provide) that are uploaded, captured, or processed through the Platform.
- "PHI" has the meaning given under HIPAA.
- "Usage Data" means data about use of the Platform, such as timestamps, feature utilization, performance metrics, device and browser signals, and similar telemetry.
- "Output" means the documentation, transcripts, summaries, clinical notes, forms, or other outputs generated or produced through processing Your Data via the Platform, including any edits, versions, and updates.
7.2 Ownership
As between you and Symbal:
- You retain all right, title, and interest in Your Data and Output.
- Symbal retains all right, title, and interest in the Platform, Content, Usage Data, and any De-Identified Data and Aggregate Data (each as defined below), and any improvements or derivatives of the Platform.
7.3 License to Operate the Platform
You grant Symbal a non-exclusive, worldwide, royalty-free license during the Term to host, store, process, transmit, reproduce, and use Your Data solely as necessary to provide, secure, and maintain the Platform and related services, and to fulfill our obligations under the Agreement.
7.4 PHI Processing; BAA Controls
If Your Data includes PHI, Symbal will process such PHI in accordance with the Business Associate Agreement in Schedule A (BAA). If these Terms conflict with the BAA, the BAA controls solely with respect to PHI.
7.5 De-Identified Data; Aggregate Data
- De-Identified Data: We may create de-identified data from PHI in accordance with HIPAA de-identification standards, as further described in the BAA. De-identified data is not PHI and may be used and disclosed as permitted by law and the BAA.
- Aggregate Data: We may also combine and aggregate data (including Usage Data and permitted portions of Your Data) so that it does not identify you, your patients, or any individual ("Aggregate Data"). We may use Aggregate Data to operate, analyze, maintain, improve, and develop the Platform and our services, and we may disclose or commercialize Aggregate Data to the extent it does not identify any individual and is permitted by law.
7.6 Optional Model Improvement and Personalization
The Platform may offer settings that allow you to opt in to features that improve the Platform based on your usage patterns or preferred formats (for example, style preferences, templates, and workflows). If you enable those features, you authorize Symbal to use the applicable data as described in the settings to improve Platform performance for your organization. If you do not enable them, Symbal will not use Your Data for those optional improvement features beyond what is needed to provide the Platform.
7.7 Voice Features
If you enable voice identification, diarization, or speaker labeling, the Platform may create a voice profile or voice identifier associated with Authorized Users. Any such use will be governed by the Platform's settings and the Privacy Policy, and if PHI is involved, the BAA.
7.8 Your Responsibilities for Your Data
You are solely responsible for the accuracy, completeness, legality, and appropriateness of Your Data and for ensuring you have all rights, permissions, and consents required to collect, record, upload, and process it through the Platform.
8. Data Retention; Deletion; Export
8.1 Retention Settings
The Platform may allow you to select data retention settings (for example, deleting Patient Recordings shortly after processing, or retaining data for a defined period). You are responsible for configuring retention settings consistent with your obligations and policies.
8.2 Deletion and Backups
When Your Data is deleted through the Platform (or when a retention period ends), we will delete it from active systems within a reasonable timeframe, subject to retention in backups for a limited period consistent with our backup and disaster recovery practices, and subject to legal obligations.
8.3 Data Export on Termination
If your subscription is terminated, you may request an export of Your Data that is in Symbal's possession or control within 30 days following termination, in a format we reasonably make available. After that period, we may delete Your Data, subject to backups and legal requirements.
9. Fees; Billing; Subscriptions
9.1 Subscription Fees
Certain features require payment. Fees, billing terms, and renewal cadence will be presented at purchase or in an order form. Unless stated otherwise, fees are non-refundable.
9.2 Payment Processing
We may use a third-party payment processor. Your payment information is handled by that processor under its terms and policies. You agree to provide accurate billing information and keep it current.
9.3 Renewals; Cancellation
Subscriptions may renew automatically unless canceled prior to renewal. If you cancel, you may continue to use the paid features until the end of the current billing period, unless we terminate access earlier for cause.
9.4 Suspension for Nonpayment
We may suspend access for overdue payments.
10. Acceptable Use Rules
You agree not to use the Platform:
- for unlawful, harmful, or fraudulent purposes;
- to infringe, misappropriate, or violate others' rights;
- to upload content that is defamatory, obscene, or unlawfully discriminatory, or that includes hate speech or threats of violence;
- to disclose sensitive information about others without authorization;
- to attempt unauthorized access to systems or data;
- to run automated extraction at scale outside intended functionality;
- to conduct competitive analysis during trials or to build competing products.
We may restrict or terminate access for violations.
11. Eligibility; Clinical Responsibility; Scope Limitations
11.1 Age
The Platform is intended for adults 18+.
11.2 Not Medical Advice; Human Review Required
The Platform may generate documentation and other materials that can support clinical workflows. The Platform is not a medical device and does not provide medical advice. You and your Authorized Users are solely responsible for all clinical decisions, documentation accuracy, coding, billing, and compliance. You must review and verify Output before use.
11.3 No Reliance Without Oversight
You agree not to use the Platform as a substitute for professional judgment or to finalize clinical documentation or submit claims without appropriate human review and oversight.
11.4 42 CFR Part 2
Unless Symbal explicitly agrees in writing and provides a Part 2 compliant configuration, you may not submit or process 42 CFR Part 2 data through the Platform. "Part 2 data" includes records related to substance use disorder programs subject to 42 CFR Part 2.
12. Feedback
If you provide suggestions, ideas, or feedback ("Feedback"), you grant Symbal the right to use the Feedback without restriction or compensation, and without any obligation of attribution.
13. Disclaimers; No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, CONTENT, AND OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SYMBAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ERROR-FREE OPERATION.
SYMBAL DOES NOT WARRANT THAT OUTPUT WILL BE COMPLETE, CORRECT, OR SUITABLE FOR ANY PARTICULAR USE. YOU ARE RESPONSIBLE FOR REVIEWING OUTPUT AND FOR ANY ACTIONS TAKEN IN RELIANCE ON OUTPUT.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- SYMBAL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
- SYMBAL'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE GREATER OF $100 OR THE TOTAL FEES PAID BY YOU FOR THE PLATFORM IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
15. Third-Party Links and External Sites
The Platform may link to third-party sites. Symbal does not control and is not responsible for third-party sites, content, or practices. Access is at your own risk.
16. Your Representations and Warranties
You represent and warrant that:
- you have all rights and permissions needed to provide Your Data to Symbal and to grant the licenses in this Agreement;
- you have obtained all necessary consents, authorizations, and permissions from patients and others as required to record sessions and process PHI through the Platform;
- you will maintain required records of such consents;
- you will not submit Part 2 data through the Platform (unless explicitly agreed by Symbal in writing with a compliant setup);
- your use of the Platform complies with law and professional obligations.
Upon request, you will provide reasonable evidence of required consents.
17. Indemnification
You will indemnify, defend, and hold harmless Symbal and its affiliates, and each of their officers, directors, employees, and agents (collectively, "Symbal Indemnitees") from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your or your Authorized Users' breach of the Agreement; (b) Your Data; (c) misuse of the Platform or Output; (d) violation of law; or (e) infringement or violation of a third party's rights.
Symbal will provide notice and reasonable cooperation (at your expense) and you will control the defense and settlement, provided you may not settle in a way that imposes obligations on Symbal without Symbal's written consent.
18. Compliance with Laws
You are responsible for compliance with all laws applicable to your use of the Platform, including HIPAA and professional obligations. The Platform is controlled from the United States, and we make no representation that it is appropriate for use outside the U.S.
19. Term; Suspension; Termination
19.1 Term
The Agreement begins when you accept it and continues for the duration of your subscription or as otherwise set forth in an order form, unless terminated earlier.
19.2 Suspension
We may suspend access for security issues, legal compliance, suspected fraud, nonpayment, or material violations.
19.3 Termination
Either party may terminate as permitted by an order form or by these Terms. Upon termination, your access ends, except as necessary to export data per Section 8.3.
19.4 Survival
Sections that by their nature should survive will survive termination, including Sections 6, 7, 12 through 23 and Schedule A (to the extent required).
20. Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to the Agreement or the Platform (a "Dispute") will be resolved by binding arbitration under the Federal Arbitration Act.
- No court trial. No jury.
- Either party may bring an individual claim in small claims court if eligible.
- Arbitration will be administered by JAMS under its applicable rules.
- Arbitration may be conducted by documents, phone, video, or in person. If in person, the location will be in the county where you reside, unless the parties agree otherwise.
- The arbitrator's award will be final, subject to limited review under the FAA.
- Nothing prevents either party from seeking temporary injunctive relief in court to protect intellectual property or confidential information.
21. Class Action Waiver
You and Symbal agree that Disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate claims or preside over any form of class proceeding.
22. Equitable Relief
You acknowledge that unauthorized use or disclosure of Symbal's confidential information or intellectual property could cause irreparable harm, and Symbal may seek injunctive or equitable relief in any court of competent jurisdiction to protect its rights, in addition to other remedies.
23. Governing Law; Forum
The Agreement is governed by the laws of the State of California, without regard to conflict of laws rules, except to the extent preempted by federal law (including the FAA for arbitration). Where court proceedings are permitted, you consent to the jurisdiction of state and federal courts located in California.
24. Miscellaneous
- Assignment. You may not assign the Agreement without Symbal's prior written consent. Symbal may assign the Agreement in connection with a merger, acquisition, reorganization, or sale of assets.
- Notices. Notices may be provided through the Platform or via email.
- Entire Agreement. The Agreement is the complete agreement regarding the Platform and supersedes prior discussions.
- Severability. If a provision is unenforceable, the remainder remains in effect.
- No Waiver. Failure to enforce is not a waiver.
Contact: support@symbal.co
Address: 2677 Centinela Ave UNIT 309, Santa Monica, CA 90405
Schedule A — Business Associate Agreement (BAA)
This Business Associate Agreement ("BAA") is entered into by and between Symbal, Inc. ("Business Associate") and you or the entity you represent ("Covered Entity"), and is effective as of the date you accept the Agreement ("Effective Date").
Background. Covered Entity uses the Platform, and Business Associate may create, receive, maintain, or transmit Protected Health Information ("PHI") on behalf of Covered Entity. The parties enter into this BAA to comply with HIPAA, the HITECH Act, and implementing regulations.
1. Definitions
Capitalized terms not otherwise defined have the meanings set forth in HIPAA and its regulations at 45 C.F.R. Parts 160 and 164.
2. Permitted Uses and Disclosures by Business Associate
2.1 Services
Business Associate may use and disclose PHI as necessary to perform services under the Agreement, including to provide, maintain, support, and secure the Platform.
2.2 Management and Administration
Business Associate may use PHI for its proper management and administration and to fulfill its legal responsibilities, and may disclose PHI for these purposes if (a) required by law, or (b) Business Associate obtains reasonable assurances from the recipient that the PHI will be kept confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed.
2.3 De-Identification
Business Associate may de-identify PHI in accordance with 45 C.F.R. § 164.514 and may use and disclose such de-identified data for lawful purposes. De-identified data is not PHI.
2.4 Minimum Necessary
Business Associate will limit uses, disclosures, and requests for PHI to the minimum necessary, as required by HIPAA, taking into account permitted functionality of the Platform.
3. Obligations of Business Associate
Business Associate will:
- implement administrative, physical, and technical safeguards to protect PHI;
- report to Covered Entity any use or disclosure of PHI not permitted by this BAA of which Business Associate becomes aware;
- mitigate harmful effects of improper use or disclosure to the extent practicable;
- ensure that subcontractors that create, receive, maintain, or transmit PHI on Business Associate's behalf agree in writing to restrictions substantially similar to this BAA;
- make PHI available to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. § 164.524 (access) and § 164.526 (amendment), as applicable and as the Platform supports;
- maintain information required for accounting of disclosures under 45 C.F.R. § 164.528, to the extent applicable;
- make internal practices, books, and records relating to use and disclosure of PHI available to the Secretary of HHS for purposes of determining Covered Entity's compliance, as required by HIPAA.
4. Breach Notification
Business Associate will notify Covered Entity without unreasonable delay, and in no event later than ten (10) days after discovery, of any Breach of Unsecured PHI, and will provide information reasonably necessary for Covered Entity to comply with breach notification requirements.
5. Obligations of Covered Entity
Covered Entity will:
- use appropriate safeguards to protect PHI it transmits to Business Associate;
- provide Business Associate with any relevant limitations in its Notice of Privacy Practices to the extent they affect Business Associate's use/disclosure;
- notify Business Associate of any changes in patient authorizations or restrictions that affect Business Associate's permitted uses/disclosures.
6. Term and Termination
6.1 Term
This BAA remains in effect until termination of the Agreement, unless earlier terminated as provided below.
6.2 Termination for Cause
If either party materially breaches this BAA and does not cure within 30 days of notice, the non-breaching party may terminate.
6.3 Effect of Termination
Upon termination, Business Associate will return or destroy PHI if feasible, as directed by Covered Entity, subject to the data export and retention mechanics in the Agreement and any legal requirements. If return or destruction is infeasible, Business Associate will extend protections of this BAA to such PHI and limit further uses and disclosures to those purposes that make return or destruction infeasible.
7. Amendment
The parties agree to take actions necessary to amend this BAA as needed to comply with changes in HIPAA and other applicable law.
8. No Third-Party Beneficiaries
Nothing in this BAA creates rights for any person other than the parties and their permitted successors and assigns.
9. Interpretation
This BAA will be interpreted to permit Covered Entity and Business Associate to comply with HIPAA. Any ambiguity will be resolved in favor of compliance.
Optional Schedule B — Connector / Extension / Integration Terms
If Symbal provides a browser extension, desktop agent, API connector, or EHR integration tool (a "Connector"), the following terms apply to your use of that Connector.
- License. Symbal grants a limited, revocable license to install and use the Connector solely for your internal business purposes in connection with the Platform.
- Authorized Access. You authorize Symbal to access the integrated system and read and write data as necessary to provide the Connector functionality (for example, transferring Output into your EHR).
- Your Obligations. You are responsible for ensuring you have the right to grant access, including under your agreements with the EHR vendor and under applicable law and consents.
- Restrictions. You will not reverse engineer or misuse the Connector or circumvent safeguards.
- Disclaimer. The Connector is provided as-is. Symbal is not liable for third-party system downtime, permission failures, or vendor changes that affect the Connector.
- PHI. Any PHI processed through the Connector remains subject to the BAA and the Agreement.