End User License Agreement (EULA)

End User Licence Agreement

This End User Licence Agreement (“EULA”) is a binding legal agreement between you (“User”, “you”, “your”) and The Synergy Group AG (“TSG”, “we”, “us”, “our”), a Swiss limited company registered under CHE-497.254.492 with the Commercial Register of the Canton of Zürich.

This EULA governs your use of TSG’s software products and digital services. By creating an account, accessing, or using any TSG product, you confirm that you have read, understood, and agree to be bound by this EULA. If you do not agree, you must not access or use the products.

1. Definitions

• “Products” means the software applications and digital services operated by TSG, including CoachPilot, JobTrackerPro, MoneyQuiz, 101 Business Insights, the Hillside Sanctuary booking system, and any tools or utilities provided through TSG websites.
• “Service” means the cloud-hosted functionality of the Products, accessible via web browser over the internet.
• “User Data” means all data, content, and materials that you upload to, create within, or transmit through the Products.
• “AI Features” means functionality within the Products that utilises third-party artificial intelligence services to generate, analyse, or process content.
• “Subscription” means the recurring payment arrangement under which you access a Product.

2. Licence Grant

2.1 Scope of Licence

Subject to your compliance with this EULA and payment of applicable fees, TSG grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Products during the term of your Subscription or, for free tools, during the period TSG makes them available.

2.2 SaaS Delivery Model

All Products are delivered as cloud-hosted services (Software as a Service). No software is installed on your local device. You access the Products through a supported web browser over an internet connection. TSG is responsible for hosting, maintaining, and updating the Products.

2.3 No Other Rights

This EULA does not grant you any rights to the source code, underlying algorithms, architecture, or proprietary methodologies of the Products. All rights not expressly granted herein are reserved by TSG.

3. Products Covered

This EULA applies to the following Products:

• CoachPilot — AI-powered coaching and client management platform for professional coaches. Subscription tiers from CHF 99 to CHF 349 per month.
• JobTrackerPro — Job search management and application tracking tool.
• MoneyQuiz — Financial personality assessment and behavioural insights platform.
• 101 Business Insights — Business intelligence dashboard and operational analytics tool.
• Hillside Sanctuary Booking System — Online accommodation booking and management system for Hillside Sanctuary.
• TSG Website Tools — Free diagnostic utilities, website audit tools, and other web-based tools provided through TSG websites.

4. Account and Access

• You must be at least 18 years of age to create an account and use the Products.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account.
• Authentication is provided through Clerk. You agree to comply with Clerk’s terms of service in addition to this EULA.
• TSG reserves the right to suspend or terminate accounts that exhibit suspicious activity, violate this EULA, or pose a security risk.

5. Restrictions

You agree not to:

• Copy, modify, adapt, translate, or create derivative works based on the Products;
• Reverse-engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Products;
• Rent, lease, lend, sell, sublicense, or distribute access to the Products to any third party;
• Remove, alter, or obscure any proprietary notices, labels, or branding within the Products;
• Use the Products to develop a competing product or service;
• Circumvent or disable any security, authentication, or access control mechanisms;
• Use automated tools (bots, scrapers, crawlers) to access the Products except through TSG-provided APIs;
• Transmit malicious code, spam, or content that violates applicable law through the Products;
• Exceed usage limits or rate limits applicable to your Subscription tier.

6. AI-Powered Features

6.1 Third-Party AI Services

Certain Products incorporate AI Features powered by third-party providers, including Anthropic (Claude), OpenAI, ElevenLabs, and Deepgram. TSG acts as the data controller; these AI providers act as data processors under data processing agreements.

6.2 Data Processing

When you use AI Features:

• Your input data is transmitted to the relevant AI provider on a request-scoped basis (processed and discarded; not stored persistently by the provider).
• Your data is not used to train, fine-tune, or improve any AI models.
• TSG injects verified facts from its database into AI prompts to minimise hallucination. However, AI outputs may still contain inaccuracies.

6.3 Disclaimer

AI-generated content is provided for informational and assistive purposes only. It does not constitute professional, legal, financial, or medical advice. You are solely responsible for reviewing, verifying, and approving all AI-generated outputs before use.

7. User Data

7.1 Ownership

You retain full ownership of all User Data. TSG does not claim any intellectual property rights over your data.

7.2 Licence to TSG

You grant TSG a limited, non-exclusive licence to process your User Data solely for the purpose of providing, maintaining, and improving the Products. This licence terminates upon deletion of your data or termination of your account.

7.3 Data Location

User Data is stored on Exoscale infrastructure in Zürich, Switzerland. Your data is subject to Swiss data protection law and benefits from Swiss data sovereignty protections. TSG does not use US-headquartered cloud providers for production data storage.

7.4 Data Export and Portability

You may request an export of your User Data at any time by contacting andre@thesynergygroup.ch. Data will be provided in a structured, commonly used, machine-readable format within 30 calendar days of your request.

8. Privacy and Data Protection

TSG processes personal data in accordance with the Swiss Federal Act on Data Protection (nDSG) and, where applicable, the EU General Data Protection Regulation (GDPR). Our full data processing practices are described in our Privacy Policy. By using the Products, you acknowledge that you have read and understood the Privacy Policy.

9. Subscription Terms

9.1 Billing

Subscription fees are charged in Swiss Francs (CHF) via Stripe. By subscribing, you authorise recurring charges to your payment method according to your selected billing cycle.

9.2 Free Tier and Trial

Certain Products or features may be offered free of charge or on a trial basis. TSG reserves the right to modify, limit, or discontinue free tiers or trials at any time with 30 days’ notice.

9.3 Price Changes

TSG may adjust Subscription prices with at least 30 days’ prior notice. Price changes take effect at the start of your next billing cycle following the notice period. If you do not agree to the new price, you may cancel before the next billing cycle.

10. Term and Termination

10.1 Term

This EULA is effective from the date you first access or use a Product and continues until terminated by either party.

10.2 Termination by You

You may terminate your Subscription at any time by cancelling through your account settings or by providing 30 days’ written notice to andre@thesynergygroup.ch. Cancellation takes effect at the end of the current billing period.

10.3 Termination by TSG

TSG may terminate your licence and access:

• For cause — immediately, if you materially breach this EULA and fail to cure the breach within 14 days of written notice;
• For convenience — with 30 days’ written notice, in which case a prorated refund of prepaid fees will be issued for the unused portion of the term;
• Immediately — if your use poses a security risk, violates applicable law, or threatens the integrity of the Products or other users.

10.4 Effect of Termination

Upon termination:

• Your licence to access and use the Products is immediately revoked (or at the end of the paid period, as applicable);
• You may request an export of your User Data within 30 calendar days;
• After the 30-day export period, TSG may delete your User Data in accordance with its data retention policy;
• Provisions that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and governing law) shall survive.

11. Intellectual Property

The Products, including all software, code, algorithms, designs, documentation, branding, trade names, and proprietary methodologies, are and remain the exclusive intellectual property of The Synergy Group AG. This EULA does not transfer any ownership rights to you.

The names “The Synergy Group”, “CoachPilot”, “JobTrackerPro”, “MoneyQuiz”, “101 Business Insights”, and “Hillside Sanctuary” are trademarks or trade names of TSG. You may not use these names without prior written consent.

12. Limitation of Liability

To the maximum extent permitted by Swiss law:

• TSG’s total aggregate liability arising out of or in connection with this EULA shall not exceed the total fees paid by you to TSG in the 12 months preceding the event giving rise to the claim, or CHF 1,000, whichever is greater.
• TSG shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profit, loss of data, loss of business opportunity, or business interruption.
• TSG shall not be liable for any loss arising from (a) AI-generated outputs that are inaccurate or unsuitable, (b) your failure to maintain adequate backups, or (c) unauthorised access to your account caused by your failure to protect your credentials.

Nothing in this EULA excludes or limits liability for intentional misconduct or gross negligence (Art. 100 OR), personal injury, or any liability that cannot be excluded under mandatory Swiss law.

13. Warranty Disclaimer

The Products are provided “as is” and “as available”. TSG makes no representations or warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TSG does not warrant that the Products will be uninterrupted, error-free, secure, or that defects will be corrected within any specific timeframe.

14. Indemnification

You agree to indemnify, defend, and hold harmless TSG and its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Products in violation of this EULA;
• Your violation of applicable law or the rights of any third party;
• User Data that you upload, transmit, or create through the Products.

15. Updates and Modifications

TSG may update, modify, or enhance the Products at any time without prior notice. We may also update this EULA from time to time. Material changes will be communicated via email or through the Products at least 30 days before taking effect. Your continued use of the Products after the effective date of a revised EULA constitutes your acceptance of the changes.

16. Severability

If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Assignment

You may not assign or transfer your rights or obligations under this EULA without TSG’s prior written consent. TSG may assign this EULA in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by this EULA.

18. Waiver

The failure of TSG to enforce any right or provision of this EULA shall not constitute a waiver of that right or provision. A waiver of any term shall be effective only if in writing and signed by an authorised representative of TSG.

19. Entire Agreement

This EULA, together with the Terms & Conditions, Privacy Policy, Refund Policy, and any applicable Statement of Work, constitutes the entire agreement between you and TSG with respect to the Products. It supersedes all prior or contemporaneous oral or written communications, proposals, and representations.

20. Governing Law and Jurisdiction

This EULA is governed by and construed in accordance with the substantive laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law provisions.

Any dispute arising out of or in connection with this EULA shall be submitted to the exclusive jurisdiction of the ordinary courts of Zürich, Switzerland.

21. Contact

For any questions regarding this EULA, please contact:

The Synergy Group AG
c/o HAFIDA Treuhand AG
Dorfstrasse 59
8126 Zumikon, Switzerland
Email: andre@thesynergygroup.ch