Terms of Service

Rekro is provided by VirtuPay Limited, a company registered in England and Wales with company number 15260775, whose registered office is at 19 Ullswater Crescent, London, England, SW15 3RG (“VirtuPay”, “we”, “us”).

These terms apply to the Rekro website, the Rekro web application, the Rekro mobile app and any related service we provide (together, the “Service”).

By creating an account, creating a workspace, accepting an invitation or otherwise using the Service, you agree to these terms. If you do not agree, do not use the Service.

If you use the Service on behalf of an organisation, you confirm that you have authority to bind that organisation to these terms, and “you” means that organisation as well as you personally where the context requires.

The following also form part of the agreement between us:

1. any Order we have agreed with you;
2. our Data Processing Addendum, which applies wherever we process personal data on a Customer’s behalf; and
3. our list of sub-processors, as updated in line with the Data Processing Addendum.

If they conflict, an Order prevails over the Data Processing Addendum, and the Data Processing Addendum prevails over these terms on matters of data protection.

Our Privacy Policy explains how we handle personal data. It is information we are required to give you; it is not a contract term.

The Service is built for businesses, and most of these terms are written for organisations acting in the course of business. If you are an individual invited to use a portal, section 10 sets out the terms that apply to you and says which other sections apply.

In these terms:

• “Customer” means the organisation that creates a Workspace, or for which one is created.
• “Workspace” means a Customer’s own area of the Service, identified by its own address.
• “Authorised User” means a person a Customer allows to use its Workspace as a member of its team.
• “Portal User” means a candidate, contractor or client contact whom a Customer invites to use a candidate or client portal, on the web or in the mobile app.
• “Customer Data” means the data, documents and other content that a Customer, its Authorised Users or its Portal Users put into the Service, and the records the Service creates from them.
• “Order” means an order form, proposal or other written document, including an email, in which we and a Customer agree the paid plan, fees, term and any other commercial terms for the Service.
• “Fees” means the charges set out in an Order.
• “Evaluation Workspace” means a Workspace that is not covered by an Order.

The person who creates a Workspace becomes its owner and must give accurate information about themselves and the Customer. The Customer must keep that information up to date.

The Customer decides who its Authorised Users are and what each of them may see and do, using the roles and permissions in the Service. The Customer is responsible for what its Authorised Users do in the Service and for their compliance with these terms.

Each account is for one person. Sign-in details must be kept confidential and must not be shared. Tell us promptly at support@virtupay.co.uk if you believe an account has been used without permission.

A Customer may invite Portal Users. The Customer decides whom to invite and what information is shared with them, and is responsible for having a lawful basis to do so and for giving those people the privacy information the law requires.

Authorised Users must be at least 18 years old. Portal Users must be at least 16 years old. A Customer must not invite anyone younger.

While the agreement is in force, we give the Customer a non-exclusive, non-transferable right for its Authorised Users and Portal Users to access and use the Service for the Customer’s own recruitment business.

We will provide the Service with reasonable skill and care.

We develop the Service continuously and may add, change or remove features. If we remove a feature that a Customer is paying for under an Order, or change it in a way that makes the Service materially worse for that Customer, the Customer may end the affected Order by written notice within 30 days of the change and we will refund any Fees paid in advance for the period after it ends.

We aim to keep the Service available, but we do not promise that it will be uninterrupted or free of errors. We may carry out maintenance, and will try to do so at times that cause the least disruption. No service level, uptime commitment or service credit applies unless an Order says so.

We provide support by email at support@virtupay.co.uk and will make reasonable efforts to respond. No response or resolution time applies unless an Order says so.

We may offer features described as beta, preview or early access. They are provided as they are, may change or be withdrawn at any time, and should not be relied on for anything critical.

The Service lets a Customer connect it to services that we do not provide, such as a webhook address the Customer chooses, an AI client the Customer authorises to read its Workspace, or sign-in through a Google account. The Customer’s use of those services is governed by the terms of whoever provides them. Data sent to them at the Customer’s direction leaves the Service, and we are not responsible for what they do with it.

A Workspace that is not covered by an Order is an Evaluation Workspace. We do not charge for an Evaluation Workspace. We may limit what an Evaluation Workspace can do, and we may suspend or close one by giving the Workspace owner at least 14 days’ notice by email, or without notice where clause 14.4 applies.

Paid use of the Service is agreed in an Order. Nothing shown on our website, in a demonstration or in the Service is an offer of a price or a plan until it is set out in an Order.

The Customer must pay the Fees set out in its Order. Unless the Order says otherwise, Fees are invoiced in advance, are payable within 30 days of the date of the invoice, and are stated exclusive of VAT, which the Customer must pay in addition at the applicable rate.

If an invoice is not paid when due, we may charge interest on the overdue amount at 4% a year above the Bank of England base rate from the due date until payment, and we may suspend the Service under clause 14.4.

We may change Fees with effect from the start of a renewal period by giving the Customer at least 30 days’ written notice before that period begins. We will not change Fees during a period the Customer has already committed to, unless the Order allows it.

Any usage or cost figure shown in the Service, including for AI features, is an estimate given for information. It is not an invoice and does not by itself create a charge. Usage-based charges apply only where an Order provides for them.

Fees are not refundable except where these terms or the law say so.

As between us, the Customer owns its Customer Data. We do not claim any ownership of it.

The Customer gives us the right to host, copy, transmit, display and otherwise process Customer Data only as far as needed to provide, secure and support the Service, to carry out what the Customer and its users ask the Service to do, and to comply with the law.

We do not sell Customer Data. We do not use Customer Data to train artificial intelligence models, and our terms with the AI model provider named in our list of sub-processors do not permit it to do so either.

The Customer is responsible for:

1. the accuracy and lawfulness of its Customer Data, and for having all rights and permissions needed to put it into the Service;
2. having a lawful basis for the personal data it holds, including any identity documents, photographs or other sensitive information it chooses to collect or record;
3. giving candidates, contractors, client contacts and its own staff the privacy information the law requires;
4. deciding how long its records are kept, and using the retention tools in the Service to give effect to that decision; and
5. responding to requests from individuals who exercise their data protection rights.

Where we process personal data on the Customer’s behalf, the Customer is the controller, we are its processor, and the Data Processing Addendum applies. For a limited set of personal data, such as sign-in and security information, we are a controller in our own right, as our Privacy Policy explains. Each of us must comply with the data protection law that applies to it.

We maintain the technical and organisational security measures described in the Data Processing Addendum. The Customer is responsible for the security of its own devices and networks, for the sign-in details of its users, and for the way it configures roles, permissions, automations and connections in the Service.

We may collect and use information about how the Service is used and how it performs, such as error reports and page-load measurements, to operate, secure and improve it. We do not use the content of Customer Data for that purpose.

The Service includes features that use a large language model supplied by a third party: an assistant, called Simon, that can search and summarise records, draft text and, where a Customer allows it, propose or make changes to records; and extraction of the content of a CV into a candidate record.

Simon is switched off in every Workspace until a Customer’s administrator switches it on. The Customer controls whether it may only read or may also act, and which actions need a person’s confirmation. Simon works within the permissions of the person using it. CV extraction runs when an Authorised User uploads a CV to be read, and what it extracts is presented for that person to review.

Output from AI features can be incomplete, out of date or wrong. A person must review it before it is relied on. The Customer remains responsible for every decision it makes and every change it makes or confirms, and must not use AI output as the only basis for a decision that has a legal or similarly significant effect on an individual.

To provide these features we send the relevant content, which may include personal data, to the AI model provider named in our list of sub-processors. Clause 6.3 applies to that content.

The Customer is responsible for complying with any law that applies to its use of AI in recruitment, including any duty to tell individuals that AI has been used.

The compliance features help a Customer set out the requirements it has chosen for a placement, collect evidence against them, record the decision of the person who reviews that evidence, and follow expiry dates.

We do not give legal advice. We do not verify anyone’s identity, we are not an identity service provider, and we do not carry out right to work checks or any other check that the law requires an employer or an agency to make. A photograph of a document or of a person captured through the Service is evidence for the Customer’s own reviewer. The on-screen guidance that helps frame a photograph is not a liveness test and does not confirm that a document or a person is genuine.

The Customer is responsible for deciding which checks the law requires of it, for carrying them out in the way the law prescribes, for the decisions its reviewers record, and for keeping and destroying evidence in line with its legal obligations. Using the Service does not by itself establish a statutory excuse or any other legal protection.

Timesheets and invoices in the Service are produced from the rates, hours, tax settings and other details the Customer and its Portal Users enter. The Customer is responsible for checking them before relying on or sending them, for its VAT and tax treatment, and for having any self-billing agreement the law requires. We do not collect or make payments, run payroll, or give tax or accounting advice. Recording an invoice as paid in the Service is a record made by the Customer, not confirmation from us that money has moved.

Where the Service looks up a company or a VAT number in a public register, it shows what that register returned at the time. We do not warrant that the register is correct or current.

The Customer chooses and configures its workflows and automations, and is responsible for what they do, including any message they send and any data they pass to an address the Customer has chosen.

This section applies to everyone who uses the Service. You must not:

1. use the Service in a way that breaks the law or infringes anyone’s rights, including by discriminating unlawfully in recruitment;
2. put into the Service anything you do not have the right to share, or anything that is unlawful, defamatory or malicious;
3. submit a document, a photograph, a timesheet or any other record that you know to be false or that is not genuinely yours to submit;
4. access, or try to access, any account, Workspace or data that you are not authorised to access;
5. probe, scan or test the Service for weaknesses, or get round its access controls or usage limits, without our written agreement;
6. introduce malware, or do anything that disrupts the Service or places an unreasonable load on it;
7. copy, extract or collect data from the Service by automated means, other than through an interface we provide for that purpose;
8. copy, modify, decompile or reverse engineer the Service, except to the extent the law allows this regardless of these terms;
9. resell, sublicense or rent the Service, or use it to provide a service to third parties, other than a Customer using it to run its own recruitment business;
10. use the Service to send unsolicited marketing or any message that breaches electronic communications or data protection law; or
11. pretend to be someone else, or misstate your connection with any person or organisation.

If you find a security weakness in the Service, please tell us at support@virtupay.co.uk and give us a reasonable time to deal with it before telling anyone else.

We may look into a suspected breach of this section and may act on it under clause 14.4. We may remove content that breaches this section.

This section applies if a recruitment agency that uses Rekro invited you to use its candidate portal or its client portal, on the web or in the mobile app. We call that agency “your agency”.

We provide the portal to you at your agency’s request. Your agency decides what you can see and do in it, and your agency, not us, is responsible for the information it holds about you. Questions about your record, an application, a placement, a timesheet, an invoice or a payment should go to your agency.

We are a software provider. We are not an employment agency, an employment business, an employer or a payer, and we are not a party to any arrangement between you and your agency or between you and anyone your agency works with.

We do not charge you anything for using the portal or the mobile app.

You agree to:

1. give information that is true, and upload only documents that are genuine and that you are entitled to share;
2. submit timesheets that accurately record the work done, and, if you approve timesheets for a client, approve only what you are authorised to approve;
3. keep your sign-in details to yourself; and
4. follow section 9.

If your agency asks you for photographs of an identity document or of yourself, using your camera is one way to provide them and you can decline it. Your agency can then tell you the other way to complete the request. A person at your agency reviews what you send. Our Privacy Policy explains what happens to it.

Your access ends when your agency removes it. You can ask your agency to remove it at any time, and in the mobile app you can use “Delete your account”, which switches off your sign-in straight away and tells your agency. Your agency then decides what happens to the records it holds about you, as our Privacy Policy explains. We may suspend your access if you breach these terms.

If you use the portal on behalf of a business, for example as a contact at a client of your agency, sections 15 and 16 apply to you and that business as they apply to a Customer.

If you use the portal as an individual for your own purposes, for example as a candidate or a contractor, then instead of section 16:

1. we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill;
2. we are not responsible for loss or damage that is not foreseeable, that is caused by your agency or another third party, or that is a business loss; and
3. nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that the law does not allow us to limit or exclude, and nothing in them affects your statutory rights.

Sections 1, 9, 11, 12, 18, 19, 20, 21 and 22 also apply to you. The other sections set out the arrangement between us and your agency.

We give you a personal, non-exclusive, non-transferable, revocable licence to install the Rekro mobile app on a device that you own or control, and to use it to access the Service with an account issued to you. There is no sign-up in the app: accounts are created by an agency that uses Rekro.

The app may download and install updates automatically so that we can fix problems and improve it. You may need the current version to keep using it.

The app asks for access to your camera and your photos only when you choose to take or attach a picture, such as one an agency has asked you for, and for permission to send notifications. If you turn on Face ID, fingerprint or another device unlock for the app, that check is carried out by your device; we do not receive or store your biometric data. Our Privacy Policy gives the detail.

You are responsible for your device, for keeping it secure, and for any charges your mobile network makes for the data the app uses.

If you downloaded the app from the Apple App Store, the following applies, and “Apple” means Apple Inc.:

1. These terms are between you and us only, and not with Apple. We, not Apple, are solely responsible for the app and its content.
2. Your licence is limited to using the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed, acquired and used by other accounts associated with you through Family Sharing, volume purchasing or Legacy Contacts.
3. We are solely responsible for providing any maintenance and support for the app. Apple has no obligation whatsoever to provide maintenance or support for it.
4. We are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any, that you paid for it. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our sole responsibility.
5. We, not Apple, are responsible for addressing any claim you or a third party may have relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
6. If a third party claims that the app, or your possession and use of it, infringes its intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
7. You confirm that you are not located in a region that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” region, and that you are not listed on any United States Government list of prohibited or restricted parties.
8. You must comply with any third-party terms that apply to you when you use the app, such as your agreement with your mobile network.
9. Apple and its subsidiaries are third-party beneficiaries of these terms as they relate to your licence of the app. Once you accept these terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about the app should be sent to VirtuPay Limited, 19 Ullswater Crescent, London, England, SW15 3RG, or to support@virtupay.co.uk.

If you downloaded the app from Google Play, your use of Google Play is governed by Google’s own terms. These terms are between you and us only; Google is not a party to them and is not responsible for the app.

We and our licensors own the Service, including its software, design, documentation and the Rekro name and marks. These terms do not give you any right in them beyond the right to use the Service as these terms allow.

If you send us suggestions or feedback about the Service, we may use them without restriction and without any obligation to you.

A Customer’s name and logo are shown to its own Authorised Users and Portal Users as part of the Service. We will not use a Customer’s name or logo in our marketing, or name it as a customer, without its consent.

The Service includes open-source and other third-party components, which are licensed to us under their own terms.

Each of us will keep confidential the information the other discloses that is marked or would reasonably be understood to be confidential, and will use it only to perform its obligations or exercise its rights under the agreement. Customer Data is the Customer’s confidential information.

Either of us may disclose the other’s confidential information to its employees, contractors, professional advisers and, in our case, sub-processors, who need it for those purposes and are bound by duties of confidentiality at least as protective as this section; and where the law, a court or a regulator requires it, giving the other notice first where that is lawful.

This section does not apply to information that is or becomes public other than through a breach of it, that the recipient already held or independently developed, or that the recipient lawfully received from someone else without a duty of confidentiality.

This section continues for five years after the agreement ends, and for as long as we hold any Customer Data.

The agreement starts when you first accept these terms and continues until it is ended under this section. Unless an Order says otherwise, a paid subscription continues until either of us ends it by giving the other at least 30 days’ written notice, taking effect at the end of the billing period then running.

A Customer may stop using an Evaluation Workspace at any time. A Workspace owner can ask for the Workspace to be closed from its organisation settings, which blocks access to it straight away, or by writing to us at support@virtupay.co.uk.

Either of us may end the agreement, or any Order, immediately by written notice if the other commits a material breach and does not put it right within 30 days of being asked in writing to do so, or if the other becomes insolvent, enters administration or liquidation, or stops carrying on business.

We may suspend access to all or part of the Service, or end the agreement, if:

1. Fees remain unpaid 14 days after we have given written notice that they are overdue;
2. we reasonably believe that section 9 has been breached, or that continued access puts the security or integrity of the Service, or other people’s data, at risk;
3. the law or a regulator requires it; or
4. an Evaluation Workspace has not been used for 12 months and we have given its owner at least 30 days’ notice by email.

Where we suspend, we will keep the suspension as narrow and as short as the reason for it allows, give notice where we practicably and lawfully can, and restore access once the reason has been dealt with.

When the agreement ends, the right to use the Service ends with it and any Fees already due remain payable. If the Customer ends an Order under clause 14.3 because of our breach, or we end a paid subscription under clause 14.1, we will refund any Fees paid in advance for the period after it ends. We will not refund Fees where we end an Order because of the Customer’s breach.

For 30 days after the agreement ends, the Customer may ask us in writing for a copy of its Customer Data, and we will provide it in a commonly used, machine-readable format. After those 30 days we will delete the Customer’s Customer Data from our live systems within 90 days of the date the agreement ended, unless the law requires us to keep it. Copies held in backups are deleted or overwritten in the ordinary course of the backup cycle.

Clauses and sections that by their nature should continue after the agreement ends do so, including clause 14.7 and sections 12, 13, 15, 16, 17, 20 and 21.

Each of us confirms that it has the right and authority to enter into the agreement. The Customer confirms that it has the right to put its Customer Data into the Service and to have us process it as these terms describe.

Except as these terms expressly say, and to the fullest extent the law allows, we exclude all warranties, conditions and other terms that might otherwise be implied by statute or common law. In particular we do not promise that the Service will meet a particular requirement, that it will be uninterrupted or free of errors, or that anything it produces, including AI output, extracted data, calculations and register look-ups, will be accurate or complete.

The Service and our website provide software and general information. Nothing in them is legal, tax, employment, immigration or other professional advice, and they are not a substitute for it.

This section applies to Customers and to anyone else who uses the Service in the course of business. Clause 10.9 applies instead to an individual using a portal for their own purposes.

Nothing in the agreement limits or excludes either party’s liability for:

1. death or personal injury caused by its negligence;
2. fraud or fraudulent misrepresentation; or
3. anything else for which the law does not allow liability to be limited or excluded.

Subject to clause 16.2, neither party is liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, revenue, business, contracts, goodwill or anticipated savings, or for any indirect or consequential loss, in each case however it arises.

Subject to clauses 16.2 and 16.3, each party’s total liability to the other arising out of or in connection with the agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for all events occurring in any period of 12 months, is limited to the greater of:

1. the Fees paid or payable by the Customer for that period; and
2. £1,000.

Clause 16.4 does not limit the Customer’s obligation to pay Fees, or the Customer’s liability under clause 17.2.

We are not liable for any failure or loss to the extent it results from the Customer’s breach of the agreement, from the way the Customer has configured the Service, including its permissions, automations, connections and retention settings, from a service that we do not provide, or from an event described in clause 20.1.

The Customer accepts that these limits are reasonable given the Fees, the fact that an Evaluation Workspace is provided without charge, and that the Customer is best placed to judge and insure its own risks.

If a third party claims that the Service, as we provide it and used in line with these terms, infringes its intellectual property rights, we may, at our option and expense, obtain the right for the Customer to keep using the Service, change the Service so that it no longer infringes, or, if neither is reasonably available, end the affected part of the Service and refund any Fees paid in advance for it. Subject to clause 16.2, this clause sets out our entire liability for such a claim.

The Customer will compensate us for the losses, damages and reasonable costs we incur as a result of a claim brought against us by a third party, including a Portal User, a client of the Customer or a regulator, to the extent the claim arises from:

1. the Customer’s Customer Data, or the Customer not having the rights or the lawful basis it needed for it;
2. a breach of section 9 by the Customer, its Authorised Users or anyone using its Workspace with its permission; or
3. the Customer’s recruitment decisions, or its dealings with its candidates, contractors, clients and staff.

Clause 17.2 applies only if we tell the Customer about the claim promptly, let the Customer control its defence and settlement at the Customer’s cost, and give reasonable help. The Customer must not settle a claim in a way that admits fault on our part or imposes an obligation on us without our written consent.

We may change these terms. The version number and effective date at the top of this page show which version is current.

If a change is material, we will give at least 30 days’ notice before it takes effect, by email to Workspace owners or by a notice in the Service. A Customer that does not accept a material change may end the agreement before the change takes effect by written notice, and we will refund any Fees paid in advance for the period after it ends.

Changes that are not material, such as corrections, clarifications, changes that reflect a new feature, and changes required by law, take effect when we publish them.

Continuing to use the Service after a change takes effect means you accept the changed terms.

Notices to us under the agreement must be sent by email to legal@virtupay.co.uk, or by post to our registered office given in clause 1.1.

We may give notice to a Customer by email to the address of any of its Workspace owners, and to any other user by email to the address on their account. It is your responsibility to keep that address current.

A notice sent by email is treated as received at 9.00 am on the next working day in England after it was sent, unless the sender receives a delivery failure message. This clause does not apply to the service of documents in legal proceedings.

Neither party is in breach of the agreement, or liable for delay or failure to perform it, to the extent that the delay or failure is caused by an event beyond its reasonable control, such as a failure of a public network or of a hosting provider, an attack on computer systems, an act of government, or a natural disaster. This does not excuse a failure to pay Fees.

You may not transfer your rights or obligations under the agreement without our written consent. We may transfer ours to a company in our group or to anyone who takes over the business that provides the Service, and will tell you if we do.

We may use subcontractors to help us provide the Service and remain responsible for what they do. Where they process personal data on a Customer’s behalf, the Data Processing Addendum applies.

The agreement is the whole agreement between us about the Service and replaces anything said or written before it. Each of us confirms that it has not relied on any statement that is not set out in the agreement. Nothing in this clause limits liability for fraud.

If a court finds part of the agreement invalid or unenforceable, the rest continues to apply. A delay in enforcing a right is not a waiver of it.

Nothing in the agreement makes either of us the partner, agent or employee of the other.

Except as clause 11.5 provides, a person who is not a party to the agreement has no right to enforce any of it under the Contracts (Rights of Third Parties) Act 1999.

You confirm that you are not subject to sanctions imposed by the United Kingdom, and that you will not use the Service in breach of any sanctions or export control law that applies to you.

The agreement, and any dispute or claim arising out of or in connection with it, including a non-contractual one, is governed by the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, except as clause 21.3 provides.

If you are an individual using a portal for your own purposes and you live in Scotland or Northern Ireland, you may also bring proceedings in the courts of the place where you live. Nothing in the agreement takes away the protection of any mandatory law of the country where you live.

For help with the Service, or to make a complaint about it, write to support@virtupay.co.uk. For anything about personal data, write to privacy@virtupay.co.uk. For contract notices, see section 19.

You can check our company details on the Companies House register.