Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") form a binding agreement between you and Onboardly ("we", "us", "our") and govern your use of our platform and related services (the "Service"). If you are using the Service on behalf of an organisation, you confirm that you have authority to bind that organisation. If you do not agree to these Terms, do not use the Service.

2. The Service

Onboardly is a WhatsApp-based recruitment compliance platform that helps recruitment agencies and employers collect, validate, and track candidate compliance documents and references, and generate compliance packs. We may add, change, or remove features over time to improve the Service.

3. Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for keeping your account credentials secure and for all activity that occurs under your account. Notify us promptly of any unauthorised use.

Signing in from a browser we do not recognise can depend on receiving a one-time code at the email address on your account, so you must keep access to that address and keep it up to date.

4. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in breach of any applicable law or regulation.
• Collect or process personal data without a valid lawful basis and any required consent.
• Attempt to gain unauthorised access to, disrupt, or reverse engineer the Service.
• Upload malicious code or content that infringes the rights of others.
• Misuse WhatsApp messaging or send communications that breach messaging-platform policies or anti-spam laws.

5. Candidate data and your responsibilities

When you use Onboardly to process the personal data of candidates and referees, you act as the data controller and Onboardly acts as your processor. You are responsible for ensuring you have a lawful basis and any necessary consents to collect and process that data, including explicit consent before documents are collected and separate consent for DBS checks. Our processing of that data is described in our Privacy Policy, and the headline terms of our processor relationship are set out in the "Data processing" section below.

6. Subscriptions, pricing and payment

Paid plans are billed monthly, in advance, exclusive of VAT. New accounts receive a free 14-day trial — one trial per recruiter. Extra team seats beyond a plan's included seats are billed per member, per month. Charges are non-refundable except as set out in our Refunds policy (/refunds).

7. Intellectual property

The Service, including its software, design, and content (excluding data you provide), is owned by Onboardly and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You retain all rights in the data you and your candidates provide.

8. Third-party services

The Service integrates with third-party providers (for example WhatsApp/Twilio, document storage, and AI/OCR providers). Your use of those integrations may be subject to the third party's own terms, and we are not responsible for third-party services outside our control.

9. Data processing

This section sets out the headline terms under which Onboardly processes personal data as your processor (UK GDPR Article 28(3)). It is drafted in good faith and MUST be reviewed by qualified legal counsel before Onboardly goes to general availability, alongside the rest of this document — see this file's own header.

• We process personal data only on your documented instructions, including in relation to transfers, unless required to do otherwise by law.
• We keep personal data confidential and ensure anyone processing it on our behalf is subject to a duty of confidentiality.
• We apply appropriate technical and organisational security measures, as described in our Privacy Policy.
• We use the sub-processors listed in our Privacy Policy and will give you notice of any intended change to that list.
• We assist you in responding to data-subject requests and in meeting your own security, breach-notification and data protection impact assessment obligations.
• We notify you without undue delay after becoming aware of a personal data breach affecting your data.
• At the end of our services, we delete or return all personal data we hold on your behalf, unless the law requires us to keep it.
• We make available the information reasonably necessary to demonstrate compliance with this section.

10. Compliance decisions and disclaimers

Onboardly's AI and OCR validation is assistive and is intended to support, not replace, your professional judgement. Final compliance and hiring decisions remain your responsibility. The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, to the fullest extent permitted by law.

11. Limitation of liability

To the maximum extent permitted by law, Onboardly will not be liable for any indirect, incidental, special, or consequential losses, or for loss of profits, revenue, data, or goodwill. Nothing in these Terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence or for fraud.

12. Indemnification

You agree to indemnify and hold Onboardly harmless from claims, losses, and expenses arising out of your misuse of the Service or your breach of these Terms or of applicable data protection law.

13. Termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or where necessary to protect the Service or other users. On termination, your right to use the Service ends; provisions that by their nature should survive (such as intellectual property, disclaimers, and limitation of liability) will continue to apply.

14. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute, unless mandatory local law provides otherwise.

15. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the date at the top of this page and, where appropriate, notify you. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Contact us

If you have questions about these Terms, please contact us at admin@rca-onboardly.com.