Terms of Service

The agreement

These Terms of Service (the “Terms”) are an agreement between StableModels, LLC (“StableModels”, “we”, “us”) and the organization that uses Symphony and each person who uses it on that organization’s behalf (“you”). They include the license to our software in Software license and our Data Processing Addendum. Our Privacy Policy explains how we handle information.

By signing in to or using Symphony you accept these Terms. If you use Symphony for an organization, you confirm that you have authority to accept them for it. If you do not accept them, do not use Symphony.

These Terms are between you and StableModels only. Intuit Inc. is not a party to them and is not responsible for Symphony or for supporting it.

The Service

Symphony is an AI-assisted bookkeeping service. It connects to an organization’s QuickBooks Online companies and, through agents that use large language models, reads accounting data, proposes and records changes, and makes the changes the organization permits. The “Service” means the website at symphonyagents.ai, the application at app.symphonyagents.ai, the Symphony command-line tool, and the related APIs and documentation. We may change, add or remove features as the Service develops.

Accounts and organizations

• Symphony is offered to businesses in the United States, for use by people aged 18 or over. You sign in with a Google account, and you are responsible for keeping that account and any Symphony command-line credentials secure.
• The person who first signs in creates an organization and becomes its administrator. Administrators decide who else may use the organization’s Symphony, with what role, which AI models it may use and which services it may connect.
• The organization is responsible for everything done in Symphony through its members’ accounts. Tell us promptly if you believe an account has been used without authorization.

Connecting client books

Before you connect a QuickBooks company, or any other account, to Symphony, you must have the authority to do so. Where the company belongs to someone else, such as a client of your firm, you confirm that its owner has authorized you to connect it to a third-party service like Symphony and to have Symphony read its data and make the kinds of changes you enable, and that you have given its owner any notice and obtained any consent the law or your agreement with them requires.

You connect QuickBooks through Intuit, and your use of QuickBooks remains subject to Intuit’s terms. You can disconnect a company at any time, as described in our Privacy Policy.

Your commitments

Your organization represents and warrants to us, each time it uses Symphony, that:

• it owns the Customer Data it provides or causes Symphony to read, or has every right, license, consent and permission needed for Symphony to use that data as these Terms and our Data Processing Addendum describe;
• that data, and Symphony’s use of it as your organization directs, does not and will not infringe, misappropriate or violate anyone’s rights, including privacy and intellectual property rights, or violate any law, or cause us to violate one;
• it is entitled to grant Symphony access to each account it connects, is in good standing with that account’s provider, and will keep complying with that provider’s terms; and
• it will use Symphony in accordance with these Terms, our documentation and instructions, and applicable law, and will not provide Symphony with malware or other harmful code.

Changes Symphony makes to your books

Symphony can create, update, deactivate and permanently delete records in a connected QuickBooks company, within the access you grant. You control when it may do so:

• Safe mode changes nothing in QuickBooks. Symphony records the changes it would make, and a change is written only when a member applies it.
• Live mode, which a member must choose for a job, writes each change as the run goes, without asking for approval of each change. Agents other than jobs, including scheduled ones, make changes as their connection permissions allow.
• Connection permissions decide whether an agent may only read, must wait for a member’s approval before each change, or may make changes itself while still waiting for approval of actions marked destructive.

You authorize every change that Symphony makes under a mode or permission your organization chose, and every change a member applies or approves. Symphony records each change in the project’s change ledger, but it does not undo applied changes automatically: a deleted record cannot be restored, and correcting any other change is a new change in QuickBooks. Choose live mode and broader permissions only where you are prepared to rely on the result.

AI-generated work and your accounting responsibilities

Symphony’s agents produce their work with large language models. That work, including categorizations, proposed and applied changes, summaries, answers and reports, can be incomplete or wrong, even when it is stated with confidence.

• Symphony is a software tool. It is not an accountant, bookkeeper, tax adviser, auditor or lawyer, and it does not provide accounting, tax, legal, financial or other professional advice.
• You remain responsible for your books and your clients’ books: for reviewing Symphony’s work before you rely on it, for the accuracy of financial statements, reconciliations, filings and tax returns, and for anything you send to clients, their customers or authorities.
• Apply the professional judgment and review that your obligations to your clients and any professional standards that apply to you require.

Third-party services

Symphony works with services we do not control, including QuickBooks Online, the accounts an organization connects through our integrations provider, external tool servers an administrator allows, and the AI models an organization chooses. Your use of each service is subject to its provider’s terms. When you connect or allow a service, you direct Symphony to exchange data with it as you have configured. We are not responsible for third-party services, their availability, or what they do with data you send them, and a change by a provider may affect what Symphony can do.

Your data

As between you and us, your organization keeps all rights in the information it and its members put into Symphony and in the data Symphony reads from connected services (“Customer Data”). You grant us the rights we need to host, copy, process, transmit and display Customer Data in order to provide, secure and support the Service for you, and as described in our Privacy Policy. We do not sell Customer Data.

We do not use Customer Data, including QuickBooks data, to train or fine-tune AI models.

Output. The work the Service produces for your organization from Customer Data, such as categorizations, proposed and applied changes, summaries, answers and reports (“Output”), is Customer Data and, as between you and us, belongs to your organization. Because of how AI models work, the Service may produce similar Output for others, and we do not promise that Output is unique, is protected by any intellectual property right, or is free of the rights of others.

Usage Data. We collect information about how the Service is used and how it performs, such as the features used, counts, timings, errors, and model usage and costs (“Usage Data”). Usage Data does not include the contents of Customer Data, such as QuickBooks records. We own Usage Data and may use it to operate, secure, support and improve the Service and our other products, and may disclose it only in aggregated or de-identified form that does not identify your organization, its members or its clients.

Personal information. Where Symphony processes personal information on your organization’s behalf, our Data Processing Addendum applies and forms part of these Terms.

You are responsible for the Customer Data you provide and for having the rights to provide it. QuickBooks itself remains your organization’s system of record; Symphony is not a backup of your books.

Confidentiality

We keep Customer Data confidential. We use it only to provide, secure and support the Service for your organization and as our Privacy Policy and Data Processing Addendum describe, and we disclose it only:

• to our personnel and service providers who need it for those purposes and are bound by confidentiality obligations that protect it at least as well as these Terms;
• to the services your organization connects or allows, as it directs; and
• where the law or legal process requires, in which case we will tell your organization first where the law allows and it is reasonable to do so.

Your organization and its members will keep confidential any non-public information about the Service that we share with you, such as unreleased features, pricing offered to you, security information and our software, and use it only to use the Service.

Neither obligation covers information that is or becomes public through no fault of the party receiving it, that the receiving party already knew or lawfully receives from someone else without a duty of confidentiality, or that it develops independently.

Acceptable use

You must not, and must not let anyone else:

• use Symphony in breach of law or of anyone’s rights, or to commit fraud;
• connect books or accounts you are not authorized to connect;
• access another organization’s data, or try to get around Symphony’s access controls, safe mode, approvals, usage limits or security measures;
• introduce malware, overload or disrupt the Service, or use it to attack or probe other systems;
• copy, modify, reverse engineer or decompile the Service, except to the extent the law allows despite this restriction;
• resell, sublicense or provide the Service to third parties other than as part of the bookkeeping work you do for your own clients; or
• use Symphony to build a competing product or to benchmark it for publication; or
• use Symphony to store or process protected health information subject to HIPAA, other than incidental details that appear in a connected company’s accounting records.

Fees

Symphony is currently provided without charge. We may introduce fees for the Service, or change them, by telling your organization’s administrators at least 30 days before they take effect; fees apply if your organization keeps using the Service after that. A separate written order your organization signs with us governs the fees it sets.

Fees do not include taxes, which your organization pays, other than taxes on our net income. Except where the law requires otherwise, fees are non-refundable. If a payment is more than 15 days overdue, we may suspend the Service until it is paid.

Software license

Subject to these Terms, we grant your organization a limited, non-exclusive, non-transferable, non-sublicensable and revocable license, for as long as it is allowed to use Symphony, to access and use the Service, and to install and run the Symphony command-line tool and any other software we provide for the Service, for its internal business purposes, including bookkeeping work for its clients. Members may exercise this license on the organization’s behalf.

The license is subject to Acceptable use. Open-source components included in our software are licensed under their own terms, which govern where they conflict with these Terms. We reserve all rights not expressly granted.

Ownership

We and our licensors own the Service, including its software, design, documentation and the Symphony name and marks. If you send us feedback or suggestions, we may use them without obligation to you. Intuit and QuickBooks are trademarks of Intuit Inc.; other names belong to their owners.

Suspension and termination

We may suspend or end your access to Symphony if you breach these Terms, if your use puts the Service, other customers or third parties at risk, or if the law requires it. Where it is reasonable to do so, we will tell you first and give you a chance to fix the problem.

When access ends, the license ends, Symphony stops working on your books, and its QuickBooks connections are revoked. We delete Customer Data as described in our Privacy Policy. Sections that by their nature should survive, including those on your commitments, your data, confidentiality, fees owed, ownership, disclaimers, limitation of liability, indemnity and disputes, continue to apply.

Disclaimers

To the fullest extent permitted by law, the Service and all work it produces are provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Service will be uninterrupted, error-free or secure, or that AI-generated work or any change Symphony makes will be correct.

Limitation of liability

To the fullest extent permitted by law, StableModels and its affiliates, licensors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages; for lost profits, revenue, business or goodwill; for lost, corrupted or changed data; for the cost of substitute services; or for the cost of correcting, restating or re-filing books, financial statements, filings or tax returns, or penalties and interest any authority imposes, in each case arising out of or relating to these Terms or the Service, under any theory of liability, even if we have been told such damages are possible.

To the fullest extent permitted by law, the total liability of StableModels and its affiliates, licensors and suppliers for all claims arising out of or relating to these Terms or the Service will not exceed the greater of the fees your organization paid us for the Service in the 12 months before the event giving rise to the liability and one hundred US dollars (US$100). More than one claim does not enlarge this limit.

These limits apply even if a remedy fails of its essential purpose. They are an essential basis of the bargain between you and us, without which we would not provide the Service on these terms.

Indemnity

Your organization will defend and indemnify StableModels against third-party claims, and the resulting losses and costs, arising from Customer Data, from connecting books or accounts without the authority described in Connecting client books, from any of Your commitments being untrue, or from your breach of these Terms or of law.

Governing law and disputes

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the agreement to arbitrate below.

Informal resolution first. A party with a dispute must first send the other a written notice describing it and the relief it seeks, to us at legal@stablemodels.ai and to your organization through the contact details it gives us. The parties will then try in good faith to resolve it, and neither may start arbitration until 60 days after the notice is received.

Any dispute, claim or controversy arising out of or relating to these Terms or the Service, including whether it must be arbitrated, that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will be seated in Wake County, North Carolina, conducted in English and kept confidential, and judgment on the award may be entered in any court with jurisdiction.

• Individual claims only. Claims may be brought only in your or StableModels’ individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one party or preside over any such proceeding.
• Jury waiver. You and StableModels each waive the right to a trial by jury.
• Mass filings. If 25 or more substantially similar demands are filed against StableModels by or with the help of the same law firm, group or organization, the American Arbitration Association’s Mass Arbitration Supplementary Rules apply, and the demands will be administered in batches of up to 100, each before a single arbitrator with one set of filing and administrative fees. Neither party may file such a demand until the informal resolution period for it has ended.
• Small claims. Either party may instead bring an individual claim in small claims court where the claim qualifies and stays there.
• Court relief. Either party may seek an injunction or other equitable relief in court to protect its intellectual property or its confidential information, and StableModels may do so to protect the security of the Service, without first arbitrating. Any matter that is not arbitrated will be heard only in the state or federal courts located in Wake County, North Carolina, and you consent to their jurisdiction.
• Time limit. To the extent the law allows, any claim must be brought within one year after it arises, or it is permanently barred.

Changes to these terms

We may update these Terms. We will post the new version on this page with a new effective date and, for material changes, tell organizations’ administrators through Symphony before they take effect. Using Symphony after a change takes effect means you accept the updated Terms. We keep each earlier version and will send it to you on request.

General

• These Terms, the Data Processing Addendum and the Privacy Policy are the entire agreement between you and us about Symphony, unless your organization has signed a separate written agreement with us, which then governs where it conflicts.
• You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• If a provision is unenforceable, the rest remain in effect. Not enforcing a provision is not a waiver of it.
• Neither party is liable for delays or failures caused by events beyond its reasonable control.
• We send notices to your organization’s administrators through Symphony or by the contact details your organization gives us; send notices to us as set out under Contact us.

Contact us

Questions about these Terms go to legal@stablemodels.ai, or by mail to: