ABS SYNERGY LTD T/A SYNERGY UP
Terms of Service
Version 1.2 · Aug 2026 · Active
These Terms of Service govern access to and use of the Synergy Up platform, operated by ABS Synergy Ltd (trading as Synergy Up). By accepting these Terms, the Client enters into a legally binding agreement with ABS Synergy Ltd. These Terms are to be read alongside the Data Processing Agreement. They apply to clients in Ireland, the United Kingdom, and other EU/European countries.
1. Introduction and Definitions
1.1 These Terms of Service ("Terms") govern your access to and use of the Synergy Up platform ("Platform"), operated by ABS Synergy Ltd, a company incorporated in Ireland (CRO No. IE491109, VAT No. IE9773454J), with registered offices at 8–10 Coke Lane, Smithfield, Dublin, Ireland, D07 EN2Y ("Synergy Up", "we", "us", "our").
1.2 By accepting these Terms, you enter into a legally binding agreement with ABS Synergy Ltd. If you are accepting on behalf of an organisation, you confirm that you have the authority to bind that organisation to these Terms.
1.3 These Terms apply to all users of the Platform, including Account Administrators and any Users added to an account.
1.4 The following definitions apply throughout these Terms:
Term | Definition |
|---|---|
Account Administrator | The first person to activate a client account on behalf of a Client organisation, or any person subsequently designated to that role. |
Client | The organisation that has entered into these Terms with Synergy Up. |
Data Processing Agreement (DPA) | The separate agreement between Synergy Up and the Client governing the processing of personal data, which forms part of the overall agreement between the parties. |
Platform | The Synergy Up web portal accessible at app.synergyup.com and any associated mobile application. |
Service | The software-as-a-service provided by Synergy Up through the Platform, as described in Section 2. |
Subscription | The Client's paid or trial access to the Platform under the applicable plan. |
User | Any individual authorised by the Client to access the Platform under the Client's account. |
1.5 These Terms are entered into between two businesses. The Platform is intended for business use only and is not directed at consumers. Consumer protection legislation that applies only to individuals acting outside their trade, business, or profession does not apply to these Terms.
2. The Service
2.1 Synergy Up provides a cloud-based platform for business management, including HR administration, employee onboarding and document management, cash reconciliation, stock and order management, and business reporting. The specific features available to the Client depend on the Subscription plan in place.
2.2 The Platform is a tool that enables Clients to manage their own business data and processes. Synergy Up does not provide employment advice, HR consultancy, payroll processing, bookkeeping, or any other professional service through the Platform. The Platform facilitates the storage and organisation of data entered by the Client. It does not make decisions on the Client's behalf regarding employees, payroll, or business operations.
2.3 Synergy Up reserves the right to update, modify, or discontinue features of the Platform from time to time. Where a change materially affects the Client's use of the Platform, Synergy Up will provide reasonable advance notice in accordance with Section 13.
2.4 Synergy Up does not guarantee that the Platform will be compatible with all third-party systems, integrations, or software. Where integrations are offered, their availability is subject to the continued cooperation of the relevant third-party provider.
3. Account Setup and Access
3.1 Client accounts are created by Synergy Up staff. The Account Administrator is the individual designated by the Client to activate the account. By completing the activation process and accepting these Terms, the Account Administrator accepts on behalf of the Client organisation.
3.2 The Account Administrator is responsible for managing User access within the Client's account, including adding, modifying, and removing Users. The Client is responsible for ensuring that only authorised individuals are granted access to the account.
3.3 Each User must have their own individual login credentials. Sharing of login credentials between Users is not permitted. The Client is responsible for all activity carried out under its account.
3.4 The Client must notify Synergy Up promptly if it becomes aware that any login credentials have been compromised or that unauthorised access to the account has occurred or is suspected.
3.5 Synergy Up reserves the right to suspend access to an account where there is a reasonable suspicion of unauthorised use, security breach, or breach of these Terms, and will notify the Client as soon as practicable where it does so.
4. Client Obligations
4.1 The Client is responsible for the accuracy, completeness, and lawfulness of all data entered into the Platform. Synergy Up is not responsible for errors or omissions in data provided by the Client.
4.2 The Client is responsible for complying with all applicable laws and regulations in connection with its use of the Platform, including employment law, tax law, and data protection law. Synergy Up's provision of the Platform does not relieve the Client of any legal obligation it holds as an employer or as a data controller.
4.3 Where the Client uses the Platform to process personal data relating to its employees or other individuals, the Client is responsible for ensuring it has a lawful basis for that processing and for providing appropriate privacy notices to those individuals. The DPA sets out the respective responsibilities of Synergy Up and the Client in relation to personal data.
4.4 The Client must not use the Platform for any unlawful purpose, or in any way that infringes the rights of any third party or that could damage, overburden, or impair the Platform.
4.5 The Client must keep its account contact details, including the Account Administrator's name and email address, up to date at all times.
5. Contract and Document Templates
5.1 The Platform provides access to sample employment contracts, staff handbooks, and related document templates ("Templates") for use in the Client's business.
5.2 The Templates are provided for general guidance and reference purposes only. They are not legal advice, HR advice, or professional advice of any kind and should not be treated as such.
5.3 The Templates are designed for general use in the hospitality, retail, and related sectors. They may not be suitable for the Client's specific circumstances, jurisdiction, sector, or workforce. The Client is solely responsible for assessing the appropriateness of any Template before using or relying on it.
5.4 Before using any Template in connection with an employee or any legally significant purpose, the Client should obtain independent legal advice from a suitably qualified professional. Synergy Up strongly recommends that all employment documentation be reviewed by a qualified employment law solicitor before use.
5.5 Synergy Up makes reasonable efforts to keep Templates accurate and up to date but does not warrant that any Template reflects current law, is free from errors, or is fit for any particular purpose.
5.6 To the maximum extent permitted by law, Synergy Up accepts no liability for any loss, damage, claim, or cost arising from the Client's use of or reliance on any Template, including but not limited to any employment dispute, regulatory penalty, legal proceeding, or claim brought by any third party including employees or former employees of the Client.
6. Subscription, Fees and Payment
6.1 Access to the Platform is provided on a subscription basis. The applicable Subscription plan, including the features available and the fees payable, will be agreed between Synergy Up and the Client at the time of account setup.
6.2 Subscription fees are payable in accordance with the billing terms agreed at account setup. Synergy Up will issue invoices in advance of each billing period.
6.3 All fees are stated exclusive of VAT. Where applicable, VAT will be charged at the rate in force at the time of invoicing.
6.4 If payment is not received by the due date, Synergy Up reserves the right to suspend access to the Platform until the outstanding amount is paid. Synergy Up will provide reasonable notice before suspending access for non-payment.
6.5 Synergy Up may adjust Subscription fees from time to time. Any increase in fees will be notified to the Account Administrator at least 30 days in advance of the change taking effect. Continued use of the Platform after the effective date of a fee change constitutes acceptance of the new fees. If the Client does not accept the new fees, it may terminate its Subscription in accordance with Section 12 before the change takes effect.
6.6 All fees paid are non-refundable except where required by law, as otherwise agreed in writing, or where Synergy Up terminates the Subscription other than due to Client breach, in which case Synergy Up will refund any prepaid fees on a pro-rata basis for the unused portion of the billing period.
7. Intellectual Property
7.1 The Platform, including its underlying code, design, content, documentation, and all materials made available through it (excluding Client data and Templates used by the Client), is owned by or licensed to ABS Synergy Ltd. All intellectual property rights in the Platform are reserved.
7.2 These Terms do not transfer any intellectual property rights to the Client. The Client's Subscription grants a limited, non-exclusive, non-transferable licence to access and use the Platform during the Subscription term for the Client's internal business purposes only.
7.3 Synergy Up does not acquire any rights in or to Client data. The Client retains all rights in data entered into the Platform by or on behalf of the Client.
7.4 The Client must not copy, modify, reverse engineer, decompile, or attempt to extract the source code of the Platform, or use the Platform to develop a competing product or service. The Client must not attempt to access, copy, or interfere with data belonging to any other client of Synergy Up.
7.5 Synergy Up may use Client data in anonymised and aggregated form for the purposes of product improvement, platform analytics, benchmarking, and the development or improvement of AI-assisted features. Anonymised and aggregated data contains no information that identifies or could reasonably be used to identify the Client, its employees, or any individual. Synergy Up will not use Client data in any form that identifies the Client or any individual for any commercial purpose without the Client's prior written consent. The Client retains all rights in its underlying data and this clause does not transfer any such rights to Synergy Up.
8. Confidentiality
8.1 Each party agrees to keep the other's Confidential Information strictly confidential and not to disclose it to any third party without the other party's prior written consent, except as required by law or as necessary to perform obligations under these Terms.
8.2 "Confidential Information" means any information disclosed by one party to the other that is marked as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. For the Client, this includes business data, employee information, and financial information. For Synergy Up, this includes platform architecture, pricing, and commercial terms.
8.3 The obligations in this Section do not apply to information that: (a) is or becomes publicly available other than through breach of these Terms; (b) was already known to the receiving party at the time of disclosure; (c) is received from a third party who has the right to disclose it; or (d) is independently developed by the receiving party without reference to the Confidential Information.
8.4 Confidentiality obligations under this Section survive termination of these Terms for a period of three years.
9. Data Protection
9.1 In connection with the Client's use of the Platform, Synergy Up will process certain personal data on behalf of the Client as Data Processor. The Client acts as Data Controller for personal data relating to its employees and other individuals whose data is uploaded to or processed through the Platform. The terms on which Synergy Up processes that personal data are set out in the Data Processing Agreement, which forms part of the overall agreement between the parties and is incorporated into these Terms by reference.
9.2 These Terms and the DPA together constitute the complete agreement between the parties in relation to the processing of personal data through the Platform. In the event of any conflict between these Terms and the DPA in relation to data protection matters, the DPA takes precedence.
9.3 Each party agrees to comply with its respective obligations under applicable data protection law, including the EU General Data Protection Regulation (2016/679) and the UK GDPR, in connection with its use of the Platform.
10. Availability and Support
10.1 Synergy Up will use reasonable endeavours to ensure that the Platform is available and accessible. However, Synergy Up does not guarantee uninterrupted availability and accepts no liability for any downtime or interruption caused by circumstances outside its reasonable control, including third-party infrastructure failures, maintenance windows, or force majeure events.
10.2 Synergy Up will use reasonable endeavours to provide advance notice of planned maintenance that may affect Platform availability.
10.3 Synergy Up provides support to Clients through available channels, which may include email and in-platform communication. Support hours and response times will be communicated to the Client at account setup and may be updated from time to time. Synergy Up will use reasonable endeavours to respond to support requests in a timely manner.
10.4 Support is provided for issues relating to the Platform itself. Synergy Up is not obliged to provide support for issues arising from the Client's own systems, third-party integrations, or data entered by the Client.
11. Limitation of Liability
11.1 Nothing in these Terms limits or excludes Synergy Up's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.
11.2 Subject to Section 11.1, Synergy Up's total aggregate liability to the Client under or in connection with these Terms and the Data Processing Agreement, taken together, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total Subscription fees paid by the Client in the 12 months immediately preceding the event giving rise to the claim.
11.3 Subject to Section 11.1, Synergy Up shall not be liable to the Client for any: (a) loss of profits; (b) loss of revenue; (c) loss of business or contracts; (d) loss of anticipated savings; (e) loss of or damage to data, which is governed exclusively by the Data Processing Agreement; (f) indirect or consequential loss; or (g) special or punitive damages, in each case whether or not Synergy Up was advised of the possibility of such loss.
11.4 The Client acknowledges that the Platform is a tool and that Synergy Up is not responsible for decisions made by the Client on the basis of information held on the Platform, or for the Client's compliance with its own legal obligations.
11.5 For the avoidance of doubt, the liability cap in Section 11.2 applies to all claims arising under or in connection with these Terms and the Data Processing Agreement, taken together, including claims relating to the processing of personal data. There is no separate or additional liability cap under the DPA.
12. Term and Termination
12.1 These Terms commence on the date the Account Administrator accepts them and continue until the Subscription is terminated in accordance with this Section.
12.2 Either party may terminate the Subscription at any time by providing at least 30 days' written notice to the other party. Unless a minimum term has been agreed in writing at account setup, there is no minimum contract period.
12.3 Synergy Up may terminate the Subscription with immediate effect by written notice if: (a) the Client commits a material breach of these Terms that is incapable of remedy, or that is capable of remedy but has not been remedied within 14 days of written notice; (b) the Client fails to pay any amounts due and does not remedy that failure within 14 days of written notice; or (c) the Client is placed in receivership or examinership, enters into liquidation (whether voluntary or compulsory), or makes a general arrangement with its creditors.
12.4 On termination: (a) the Client's access to the Platform will be disabled; (b) the Client must download or request the return of any records it is legally required to retain within 30 days of termination — Synergy Up does not send deletion reminders and data cannot be recovered once deleted; (c) Synergy Up will permanently and securely delete all of the Client's personal data within 30 days of termination, in accordance with the DPA.
12.5 The following Sections survive termination of these Terms: Section 7 (Intellectual Property), Section 8 (Confidentiality), Section 9 (Data Protection, to the extent required by the DPA), Section 11 (Limitation of Liability), Section 15 (Governing Law and Disputes), and this Section 12.5.
13. Changes to the Service and Terms
13.1 Synergy Up may update these Terms from time to time. For the purposes of this Section, a "material" change is one that affects pricing, the scope of the Service, the limitation of liability provisions, or the data processing terms. The type of notice provided depends on the nature of the change:
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Minor updates (any update that is not material as defined above) will be notified to the Account Administrator by email, with a description of what has changed and an effective date of at least 30 days from the date of notification. The notification email will clearly state that continued use of the Platform after the effective date will constitute acceptance of the updated Terms. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
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Material updates to these Terms, or any update to the DPA, will require the Account Administrator to acknowledge the change on next login to the Platform before proceeding. Synergy Up will clearly identify what has changed.
13.2 If the Client does not accept a proposed change to these Terms, it may terminate its Subscription in accordance with Section 12 before the change takes effect.
13.3 An up-to-date list of sub-processors engaged by Synergy Up is available at synergyup.com/sub-processors.
13.4 Synergy Up reserves the right to modify, update, or discontinue features of the Platform. Where a feature is being discontinued, Synergy Up will provide at least 30 days' written notice to the Account Administrator. Access to the feature will continue for the full duration of that notice period. Where the Client considers the discontinued feature material to its use of the Platform, it may terminate its Subscription in accordance with Section 12 during the notice period without penalty.
14. Force Majeure
14.1 Neither party shall be in breach of these Terms or liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond that party's reasonable control, including acts of God, natural disaster, pandemic or epidemic, act of government or regulatory authority, civil unrest, industrial action, failure of third-party infrastructure or telecommunications, or interruption of power or utilities (each a "Force Majeure Event").
14.2 The party affected by a Force Majeure Event must: (a) notify the other party in writing as soon as reasonably practicable after the event begins, describing the nature of the event and its likely duration; and (b) use reasonable efforts to overcome or mitigate the effects of the Force Majeure Event.
14.3 If a Force Majeure Event prevents the performance of a material obligation under these Terms for more than 30 consecutive days, either party may terminate the Subscription by giving written notice to the other, without liability to either party. This Section does not apply to any obligation to make payment.
15. Governing Law and Disputes
15.1 These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by the laws of Ireland and subject to the exclusive jurisdiction of the Irish courts. For UK clients, disputes arising specifically from obligations under the UK GDPR shall be subject to the laws of the United Kingdom and the relevant UK courts. All other disputes remain subject to Irish law and jurisdiction. For clients established in other EU member states, Irish law applies as the governing law of this agreement; Synergy Up's lead supervisory authority for EU GDPR purposes is the Irish Data Protection Commission.
15.2 Before either party commences formal legal proceedings, it must first notify the other party in writing of the dispute and the parties shall use good faith efforts to resolve the matter through negotiation for a period of at least 30 days from the date of that notice. This obligation does not prevent either party from seeking urgent interim relief from a court where necessary.
16. General
16.1 Entire Agreement. These Terms, together with the DPA and any applicable order form or pricing schedule agreed in writing at account setup, constitute the entire agreement between the parties in relation to the Client's use of the Platform and supersede all prior representations, agreements, and understandings relating to the same subject matter.
16.2 Severability. If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed from the remainder of the Terms, which shall continue in full force and effect.
16.3 Waiver. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any breach shall not constitute a waiver of any subsequent breach.
16.4 No Third-Party Rights. These Terms do not create any rights enforceable by any person who is not a party to them.
16.5 Notices. Routine notices under these Terms may be sent by email: to Synergy Up at privacy@synergyup.com, and to the Client at the Account Administrator's registered email address. Formal legal notices, including notices of termination and notices of dispute, must be sent by email and by post to the receiving party's registered address. For Synergy Up, the registered address is: ABS Synergy Ltd, 8–10 Coke Lane, Smithfield, Dublin, Ireland, D07 EN2Y. Email notices will be deemed received on the next business day following transmission, provided no delivery failure notification is received by the sender.
16.6 Assignment. The Client may not assign or transfer any of its rights or obligations under these Terms without Synergy Up's prior written consent. Synergy Up may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that the assignee assumes all obligations under these Terms.