1. Definitions

• Customer — the organisation that subscribes to Symbory and operates a Workspace, typically through its HR team or an Administrator.
• Workspace — the Customer's dedicated instance of the Platform, containing its Employees, Candidates, and configuration.
• Employee — an individual whose employment or engagement with the Customer is recorded within the Workspace.
• Candidate — an individual who has applied, or is being considered, for a role with the Customer, and whose application data is recorded within the Workspace.
• Administrator — a user designated by the Customer with permission to configure the Workspace, manage users, and control access rights.
• Subscription — the paid plan under which the Customer accesses the Platform, as set out in an order form or the pricing published at symbory.com.
• AI Provider — the third-party AI model provider (Anthropic) engaged by Symbory to power AI features such as summarisation, as disclosed in our Privacy Policy.

2. Scope

These Terms & Conditions ("Terms") govern access to and use of the Symbory Platform by the Customer, its Administrators, and its authorised users. By creating a Workspace, signing an order form, or otherwise using the Platform, the Customer agrees to be bound by these Terms. Where a separately signed order form or master agreement exists between Symbory and the Customer, that document takes precedence over these Terms in the event of a conflict.

These Terms do not directly govern Employees or Candidates, who interact with the Platform at the direction of, and under the Customer's own policies. Symbory's obligations to Employees and Candidates regarding personal data are set out in the Privacy Policy.

3. Subscription

Access to the Platform is provided on a Subscription basis, billed monthly or yearly as selected by the Customer at signup or renewal.

• Renewal — Subscriptions renew automatically for successive terms of the same length, unless either party gives notice of non-renewal at least 30 days before the end of the current term.
• Trials — Symbory may offer a free trial period. At the end of the trial, the Subscription converts to a paid plan unless the Customer cancels before the trial ends. Trial data may be deleted if no paid Subscription is activated.

4. Pricing

Subscriptions are priced as a flat monthly fee per plan, where the plan is determined by the number of Employees managed in Symbory. Users are included in each plan and are not charged separately. The applicable fee is the rate agreed at signup; early access customers keep that rate for two years from the start of their Subscription. Pricing may also reflect:

• AI actions — a monthly allowance of AI-powered actions (e.g. summarising an interview, drafting a review, answering a question from an employee's timeline) included per plan. An action is counted when it completes successfully; failed actions are not counted.
• Transcription hours — a separate monthly allowance, measured in hours of recorded audio, included per plan. Transcription is not deducted from the AI action allowance; the summary produced from a recording is a separate AI action.
• Reaching an allowance — when either allowance is exhausted, the Platform continues to operate and existing data remains fully accessible; new AI actions or transcriptions are paused until the Customer purchases additional capacity or moves to a plan with a larger allowance. Symbory does not bill overage automatically without the Customer's agreement.
• Storage — document and file storage included per plan, with additional storage available on request.
• Usage limits — reasonable limits on API calls, integrations, or automated workflows tied to the selected plan.

Future pricing changes: Symbory may change pricing for new Subscriptions or upon renewal, with at least 30 days' notice to the Customer. Price changes will not apply retroactively within an active, already-paid term. Customers with early-bird pricing locked in at signup retain that rate for the duration committed at signup.

5. Payment

• Invoices — issued at the start of each billing period (monthly or yearly, per the Subscription selected).
• Payment terms — invoices are due within 14 days of issue, unless otherwise agreed in writing.
• Late payment — overdue amounts may accrue interest at the statutory rate under Belgian law, plus reasonable collection costs.
• Suspension — Symbory may suspend access to the Workspace if payment remains overdue more than 14 days after a reminder notice, until outstanding amounts are settled.
• Termination after non-payment — continued non-payment beyond 30 days after suspension may result in termination of the Subscription under Section 14.

6. Customer responsibilities

The Customer is responsible for:

• Its own compliance with GDPR and other applicable data protection law as data controller;
• Obtaining Candidate and Employee personal information lawfully before entering it into the Platform;
• Informing Employees and Candidates that Symbory is used to store and process their information, including for AI-assisted processing (see Section 7);
• Configuring Workspace permissions and access controls appropriately for its own organisation.

7. Employee consent

This is one of the most important obligations under these Terms. The Customer must inform its Employees and Candidates, before or at the point their data is entered into the Platform, that Symbory is used as part of its HR processes. Symbory recommends the Customer use wording along these lines in its own internal policies or employment documentation:

Symbory is not responsible for a Customer's failure to provide this notice, and the Customer indemnifies Symbory against claims arising from that failure.

8. Acceptable use

The Platform must not be used to store, generate, or process:

• Illegal content;
• Content that discriminates against individuals on any legally protected ground;
• Harassing, threatening, or abusive content;
• Biometric identification of individuals;
• Covert surveillance of Employees or Candidates beyond what the Platform is designed for (i.e. recorded, consented meetings and notes);
• Medical diagnosis or clinical health assessments.

Symbory may suspend access for any Workspace found to be in material breach of this section, with notice where reasonably possible.

9. AI disclaimer

AI features on the Platform — including summaries, extracted action items, and suggested follow-ups — are generated automatically and can make mistakes. AI output is a draft, not a fact, and the Customer is responsible for reviewing AI-generated content before relying on it.

No employment decision is ever made automatically by AI. Hiring, promotion, performance rating, discipline, and termination decisions must always be made by a human at the Customer. This mirrors the AI usage principles described in our Privacy Policy.

10. Availability

• SLA — Symbory targets high availability for the Platform; specific service levels, where contractually committed, are set out in the applicable order form.
• Maintenance — routine maintenance is performed with reasonable care to minimise disruption.
• Planned downtime — where maintenance requires downtime, Symbory will provide advance notice where reasonably practicable.
• Backups — Customer data is backed up on a regular schedule as described in the Privacy Policy.

11. Intellectual Property

Symbory owns the software — the Platform, its underlying code, design, and all associated intellectual property remain the exclusive property of Symbory (Ensetec B.V.). Nothing in these Terms transfers ownership of the Platform to the Customer.

The Customer owns its data. All Candidate and Employee records, notes, documents, and other content uploaded or generated within the Workspace remain the Customer's property. The Customer keeps all uploaded content and may export it at any time, subject to Section 13.

12. Confidentiality

Both parties agree to keep confidential any non-public information disclosed by the other in connection with these Terms — including Workspace data, commercial terms, and technical or business information — and to use it only for the purpose of performing under these Terms. This obligation survives termination of the Subscription.

13. Data export

The Customer can export its Workspace data — including candidate records, employee records, notes, and documents — at any time during an active Subscription, in a structured, commonly used format.

Following cancellation or termination, the Customer has a 30-day window to export its data before it is deleted in accordance with the retention schedule described in the Privacy Policy.

14. Termination

• By the Customer — the Customer may cancel at the end of the current billing term by giving notice as described in Section 3.
• By Symbory — Symbory may terminate or suspend a Subscription for material breach of these Terms that is not cured within a reasonable period after notice.
• Fraud — Symbory may terminate immediately, without notice, where fraud is reasonably suspected.
• Abuse — Symbory may terminate immediately, without notice, for breach of the Acceptable Use terms.
• Non-payment — Symbory may terminate as described in Section 5.

15. Limitation of liability

To the maximum extent permitted by law, Symbory's total liability arising out of or relating to these Terms and the Subscription is limited to the fees paid by the Customer in the 12 months preceding the claim. Neither party is liable for indirect, incidental, or consequential damages, including loss of profits, data, or goodwill, except in cases of wilful misconduct or gross negligence. Nothing in these Terms limits either party's liability where such limitation is not permitted under applicable law.

16. Force majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, labour disputes, internet or infrastructure outages, or acts of government, for as long as such circumstances persist.

17. Governing law

These Terms are governed by Belgian law. Any dispute arising out of or in connection with these Terms falls under the exclusive jurisdiction of the Belgian courts.

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18. Contact

Questions about these Terms can be sent to hello@symbory.com. Data protection requests can be sent to dpa@symbory.com.

Symbory is operated by Ensetec B.V., Rijksweg 142c, 9870 Zulte, Belgium — VAT BE0897971758.