Legal

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the OnboardSwift platform and related services provided by Innovate Prime Limited, registered in England and Wales ("OnboardSwift", "we", "us", "our"). By creating an account or using our services, you agree to be bound by these Terms.

1. Definitions

  • "Platform" means the OnboardSwift software-as-a-service application accessible at onboardswift.com and any associated mobile applications or APIs.
  • "Customer" or "you" means the organisation or individual who has registered for and uses the Platform.
  • "User" means any individual authorised by the Customer to access the Platform (administrators, hiring managers, or employee portal users).
  • "Customer Data" means all data uploaded to or generated on the Platform by the Customer or its Users.
  • "Subscription" means the paid plan selected by the Customer.

2. Account Registration

To use the Platform, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised access at support@onboardswift.com.

You must be at least 18 years old and have the authority to bind your organisation to these Terms. Accounts may not be shared between individuals — each User must have their own login.

3. Subscriptions and Payment

3.1 Subscription Plans

The Platform is offered on a subscription basis. Pricing, features, and limits for each plan are published at onboardswift.com/#pricing and may be updated periodically.

3.2 Billing

Subscriptions are billed monthly or annually in advance. All payments are processed by Stripe. By providing payment details, you authorise us to charge the applicable fees on the due date. All fees are exclusive of applicable taxes (e.g. VAT), which will be added where required by law.

3.3 Free Trial

Where a free trial is offered, it will be clearly stated. No payment will be taken during the trial. At the end of the trial, your subscription will begin unless you cancel before the trial ends.

3.4 Refunds

Monthly subscriptions are non-refundable once a billing period has started. Annual subscriptions may be eligible for a pro-rated refund within the first 14 days. Enterprise contracts are governed by the specific order form.

3.5 Late Payment

If a payment fails, we will notify you and provide a reasonable grace period. After this period, we reserve the right to suspend or terminate access to the Platform.

4. Acceptable Use

You agree not to use the Platform to:

  • Violate any applicable law, regulation, or third-party rights.
  • Upload or transmit malware, viruses, or malicious code.
  • Scrape, crawl, or extract data from the Platform without authorisation.
  • Attempt to gain unauthorised access to any part of the Platform or its infrastructure.
  • Use the Platform in a way that exceeds the usage limits of your Subscription.
  • Resell, sublicense, or otherwise commercialise access to the Platform without our written consent.
  • Use the Platform to process data relating to children under 16 years of age.
  • Discriminate unlawfully against candidates or employees through use of the Platform.

5. Intellectual Property

5.1 Our IP

The Platform, including all software, design, trademarks, and content created by us, is owned by or licensed to OnboardSwift. These Terms do not grant you any right to use our trademarks, logos, or brand elements without express written consent.

5.2 Your Data

You retain ownership of all Customer Data. By using the Platform, you grant us a limited, non-exclusive licence to process Customer Data solely as necessary to provide the services described in these Terms.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback to improve our services without any obligation to you.

6. Data Protection

You acknowledge that you are the data controller for any personal data relating to your employees and candidates, and that OnboardSwift acts as data processor on your behalf. Our processing activities are governed by our Data Processing Agreement (DPA), which forms part of these Terms and is published at onboardswift.com/dpa. By creating an account and using the Platform, you agree to the DPA.

Each party agrees to comply with applicable data protection laws including UK GDPR and EU GDPR. Please see our Privacy Policy and GDPR page for further details.

7. Service Availability and SLA

We strive to maintain a minimum uptime of 99.5% per calendar month, excluding scheduled maintenance. Scheduled maintenance will be communicated at least 48 hours in advance where practicable. Our target for incident response is within 4 business hours. Enterprise customers may negotiate enhanced SLAs in their order form.

8. Third-Party Integrations

The Platform connects with third-party services (Microsoft 365, Slack, Google, Stripe, Zoho). Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the availability or conduct of third-party services.

9. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party ("Confidential Information") and not to disclose it to any third party without prior written consent, except as required by law. This obligation survives termination of these Terms for 3 years.

10. Warranties and Disclaimer

We warrant that the Platform will perform materially as described in our documentation and that we will deliver the services with reasonable skill and care.

Except as expressly stated in these Terms, the Platform is provided "as is" and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law, OnboardSwift's total aggregate liability to you for any claim arising under or in connection with these Terms (whether in contract, tort, or otherwise) shall not exceed the greater of: (a) the fees paid by you in the 12 months preceding the claim; or (b) £500.

Neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business, or goodwill, even if advised of the possibility of such damages. Nothing in these Terms limits liability for fraud, death, or personal injury caused by negligence.

12. Indemnification

You agree to indemnify and hold harmless OnboardSwift, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your unlawful use of the Platform; or (c) Customer Data that infringes third-party rights.

13. Term and Termination

These Terms commence when you create an account and continue until your Subscription is cancelled or terminated. Either party may terminate: (a) with 30 days' written notice for any reason; or (b) immediately upon written notice if the other party materially breaches these Terms and fails to cure within 14 days.

Upon termination, you must cease use of the Platform. We will provide a 30-day data export window following termination. After that window, Customer Data will be deleted in accordance with our data retention policy.

14. Changes to the Platform and Terms

We may update these Terms with at least 30 days' notice for material changes, posted to the Platform and/or sent to your registered email. Your continued use after the effective date constitutes acceptance. We may also modify or discontinue features with reasonable notice.

15. Governing Law and Disputes

These Terms are governed by the laws of England and Wales. Any dispute that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer in another jurisdiction, you retain the benefit of mandatory local consumer protection laws.

16. General

  • Entire agreement: These Terms, the Privacy Policy, Cookie Policy, and any applicable order form constitute the entire agreement between us.
  • Severability: If any provision is found unenforceable, the remainder continues in full force.
  • Waiver: Failure to enforce any right is not a waiver of that right.
  • Assignment: You may not assign these Terms without our written consent. We may assign our rights in connection with a merger or acquisition.
  • Force majeure: Neither party is liable for delays caused by events beyond their reasonable control.

17. Contact

For questions about these Terms:

Innovate Prime Limited
Email: legal@onboardswift.com
Support: support@onboardswift.com
Website: onboardswift.com