Terms & Conditions
Symplio Time & Attendance Platform. These Terms & Conditions ("Terms") govern the use of the Symplio time & attendance SaaS platform ("Service") provided by Symplio ("Symplio", "we", "us"). By creating an account, starting a free trial or otherwise using the Service, the customer ("Customer", "you") agrees to be legally bound by these Terms.
1. Provider
Symplio, established in Portugal, with tax and VAT number (NIPC): PT519140672. Contact: support@symplio.eu.
2. Service Description
Symplio is a cloud-based time & attendance application that allows businesses to manage clockings, schedules, absences, breaks, balances and reporting for their workforce. The Service is provided on a subscription basis ("SaaS").
3. Account, Eligibility and Authority
The Customer warrants that the person creating the account is at least 18 years old and is authorised to bind the legal entity for which the account is created. The Customer is responsible for safeguarding login credentials and for all activity that takes place under its account.
4. Free Trial
Symplio offers a 14-day free trial. During these first 14 days no payment method is required and no charges are made. To continue using the service after the trial, the Customer must add a valid payment method and activate a paid subscription before the trial period ends. Without activation, access ends automatically at the end of the trial; no automatic charge takes place.
5. Subscription, Fees and Payment
- Subscriptions are billed monthly or annually in advance, per the plan selected.
- Prices are exclusive of VAT and other applicable taxes unless stated otherwise.
- Plan upgrades take effect immediately; downgrades take effect at the end of the current billing period.
- If a payment cannot be successfully processed, Symplio may suspend or terminate access to the Service after providing reasonable notice and an opportunity to update the payment method.
6. Term and Termination
Subscriptions renew automatically for the same period unless cancelled before the renewal date through the in-app billing settings. Either party may terminate for cause if the other party materially breaches these Terms and fails to remedy the breach within 30 days of written notice. Symplio may suspend or terminate accounts that violate these Terms or applicable law.
7. Acceptable Use
The Customer agrees not to:
- use the Service in violation of applicable laws (including labour and privacy laws);
- upload malicious code, attempt to gain unauthorised access, reverse-engineer or interfere with the Service;
- resell, sublicense or make the Service available to third parties outside its organisation;
- use the Service to process special categories of personal data (Article 9 GDPR) unless a valid legal basis under Article 9(2) GDPR exists and the Customer has documented this basis. The Customer remains solely responsible for ensuring such a basis is in place.
8. Customer Data and Privacy
The Customer remains controller of the personal data processed via the Service (such as employee names, contact details, clockings, schedules and absences). Symplio acts as processor. Processing is governed by the Data Processing Agreement ("DPA"), which forms an integral part of these Terms and is presented for acceptance at account creation.
The DPA includes:
- categories of personal data processed and applicable retention periods;
- sub-processor list and objection procedure;
- security measures and audit rights;
- obligations for international data transfers.
Our handling of personal data is further described in the Privacy Policy. A current list of sub-processors is available at symplio.eu/subprocessors.
9. Security
Symplio applies industry-standard technical and organisational measures, including encryption in transit (TLS), encryption at rest, role-based access control, row-level tenant isolation and regular backups. Specific security commitments are described in the DPA.
10. Service Availability
Symplio uses commercially reasonable efforts to keep the Service available. Scheduled maintenance is announced in advance where reasonably possible. Symplio does not warrant uninterrupted or error-free operation.
11. Intellectual Property
Symplio retains all rights, title and interest in the Service, including all software, designs and documentation. The Customer is granted a limited, non-exclusive, non-transferable right to use the Service during the subscription term. Customer data remains the property of the Customer.
12. Confidentiality
Each party will treat the other party's non-public information as confidential and use it only to perform under these Terms.
13. Warranties and Disclaimer
The Service is provided "as is" and "as available". To the extent permitted by law, Symplio disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
The Customer is responsible for determining whether the Service meets its specific legal obligations, including local labour law requirements on working time, breaks and record-keeping. Symplio recommends that the Customer seek independent legal advice if in doubt about applicable national requirements.
14. Limitation of Liability
To the maximum extent permitted by law, Symplio's aggregate liability under or in connection with these Terms shall not exceed the fees paid by the Customer for the Service in the 12 months preceding the event giving rise to liability.
Symplio is not liable for indirect, incidental or consequential damages, including loss of profit, revenue, goodwill or data.
Nothing in these Terms limits liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liability under mandatory data protection law (including GDPR). In particular, this limitation of liability does not cap Symplio's liability for GDPR infringements attributable to Symplio as processor.
15. Data Export and Deletion
The Customer is solely responsible for timely exporting its data via the self-service export functions available in the Platform. This export capability is only available during the active term of the subscription. Upon the end date of the subscription, access to the Platform and the export functionality expires immediately. Thereafter Symplio will delete or anonymise all customer data in accordance with the retention schedule set out in the DPA, unless a longer statutory retention period is required.
16. Changes to the Service or These Terms
Symplio may update the Service and these Terms. Material changes will be communicated by email or via in-app notification at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
17. Governing Law and Jurisdiction
These Terms and the Agreement are governed exclusively by the laws of Portugal. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is expressly excluded. All disputes arising out of or in connection with these Terms shall be submitted exclusively to the competent court in Lisbon, Portugal.
18. Contact
Questions about these Terms: support@symplio.eu.