Terms of Business

The Agency

Introduction

These Terms of Business set out the basis on which The Agency provides its document formatting software to you. The software uses artificial intelligence to format documents, typically candidate CVs, into a clean and consistent layout.

By creating an account, subscribing or using the software, you agree to these Terms. Please read them carefully. If you are agreeing on behalf of a business, you confirm that you have authority to bind that business.

1. Who these terms are between

1.1 These Terms are an agreement between JK Workshops Ltd, trading as The Agency, a company registered in England and Wales (company number 17096676, registered office 14 Woodah Road, Exeter, EX4 1RP) referred to as we, us or our, and the recruitment agency, recruiter or business that subscribes to the software, referred to as you or the Customer.

2. The service we provide

2.1 We provide access to online software that formats documents you upload, typically CVs, using artificial intelligence.

2.2 Your subscription allows an unlimited number of users within your business to access the software under your account.

2.3 Documents you upload and the formatted versions are stored within your own secure account login so that you can access them.

2.4 We may improve, update or change features of the software from time to time. We will not make changes that materially reduce the core service during a paid period without telling you.

3. Subscription and payment

3.1 The subscription fee is the price stated on our website, or agreed with you in writing, when you subscribe. It covers unlimited users within your business.

3.2 The subscription runs on a rolling 30 day basis and renews automatically each month until you cancel.

3.3 Fees are payable in advance. Payment is taken on the date you subscribe and on the same date each month thereafter.

3.4 All fees are stated exclusive of VAT, which will be added where it applies.

3.5 If a payment fails, we may suspend access to the software until payment is received.

4. Cancelling your subscription

4.1 You may cancel at any time. Your cancellation takes effect at the end of your current paid 30 day period.

4.2 You will continue to have access until the end of the period you have already paid for. We do not provide refunds for part of a month.

4.3 After cancellation, you may no longer be able to access documents stored in your account. Please download anything you need before your access ends.

5. Your responsibilities

5.1 You are responsible for keeping your account login details secure and for all activity that takes place under your account.

5.2 You agree to use the software only for lawful purposes and only for documents you have the right to upload and process.

5.3 You must not attempt to copy, resell, reverse engineer or interfere with the software, or use it in a way that could damage or disrupt the service for others.

6. Reviewing formatted documents and AI output

6.1 The software uses artificial intelligence and the output may contain errors, omissions, inaccuracies or bias, and may need adjustment.

6.2 You are responsible for checking and approving every formatted document before you send it to a candidate, client or any other party.

6.3 The output is provided as it is. We give no warranty that it will be accurate, complete or fit for any particular purpose, and you must not rely on it without review by a person.

6.4 We only format documents. We do not screen, score, rank or recommend candidates. All recruitment decisions, and compliance with equality and employment law, are entirely your responsibility.

6.5 We are not responsible for the accuracy of the original information contained in the documents you upload.

7. Data protection

7.1 When you upload a CV or other document containing personal data, you act as the data controller and we act as your data processor under UK data protection law, including the UK GDPR and the Data Protection Act 2018. The way we process personal data on your behalf is set out in more detail in Schedule 1, which forms part of these Terms.

7.2 We process personal data only to provide the software to you and in line with your instructions as set out in these Terms.

7.3 To format documents, the software shares content with trusted third party artificial intelligence providers who process the data on our behalf solely to deliver the service. You authorise us to use these providers. We keep a list of them and will give you notice before we add or change a provider so that you have the chance to object.

7.4 You confirm that you have a lawful basis and any necessary consents to upload candidate personal data and to have it processed in this way, and that you have given individuals any privacy information required by law.

7.5 We use appropriate technical and organisational measures to protect personal data against unauthorised access, loss or damage.

7.6 You are responsible for deleting documents from your account when you no longer need them. We will delete or return personal data on request where we are able to do so.

7.7 We will not use candidate personal data to train artificial intelligence models or for any purpose other than providing the service to you.

7.8 To format documents, the software shares content with Anthropic, our artificial intelligence provider, which is based in the United States. This means some personal data is processed outside the UK. Where this happens, we ensure an appropriate safeguard recognised under UK data protection law is in place, such as the UK addendum to the standard contractual clauses or an adequacy decision, so your data remains protected to UK standards.

7.9 Documents such as CVs can contain sensitive personal data, for example relating to health, nationality or age. You are responsible for the data you choose to upload and for having the right to upload it.

8. Indemnity

8.1 You agree to cover our reasonable costs, losses and liabilities arising from any claim, complaint or fine that results from your breach of your obligations as the data controller, including not having a lawful basis, not providing privacy information to individuals, or giving us unlawful instructions.

8.2 You also agree to cover our reasonable costs, losses and liabilities arising from your misuse of the software or its output, or from your breach of these Terms.

9. Our software and intellectual property

9.1 All rights in the software, including its design, code and branding, belong to us and remain our property.

9.2 You keep all rights in the documents and content you upload and in the formatted versions we produce for you.

10. Service availability

10.1 We aim to keep the software available at all times but we do not guarantee uninterrupted access. The service may occasionally be unavailable for maintenance or for reasons outside our control.

10.2 We will use reasonable efforts to restore the service promptly if it is interrupted.

11. Events outside our control

11.1 We are not responsible for any failure or delay in providing the software that is caused by events outside our reasonable control, including internet or network outages, failures of third party suppliers, power failures, or other major disruption.

12. Our liability

12.1 Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited by law.

12.2 Subject to clause 12.1, our total liability to you arising out of or in connection with these Terms in any 12 month period shall not exceed the total fees you paid in that period.

12.3 We are not liable for loss of profit, loss of business or goodwill, or any indirect or consequential loss, including any loss arising from errors in formatted documents that you have not checked before use.

12.4 The limits and exclusions in this clause also apply to claims under or in connection with data protection law between you and us, except for any liability that cannot be limited by law.

13. Suspending or ending your account

13.1 We may suspend or end your access if you breach these Terms, if a payment is not made, or if we reasonably believe the software is being misused.

13.2 Either party may end this agreement by giving notice in line with the cancellation terms in clause 4.

14. Changes to these terms

14.1 We may update these Terms from time to time. If we make a significant change we will let you know by email or within the software. Continuing to use the software after a change means you accept the updated Terms.

15. General

15.1 If any part of these Terms is found to be invalid or unenforceable, the rest of the Terms will continue to apply.

15.2 These Terms are the entire agreement between us in relation to the software and replace any earlier discussions or agreements.

15.3 Notices under these Terms may be given by email to the address linked to your account or, for us, to our contact email.

16. Governing law

16.1 These Terms are governed by the law of England and Wales, and both parties submit to the exclusive jurisdiction of the courts of England and Wales.

Schedule 1: Data Processing Terms

This Schedule sets out how we process personal data on your behalf and forms part of these Terms.

S1. Roles. You are the data controller and we are the data processor in respect of the personal data contained in the documents you upload.

S2. Subject matter and duration. We process the personal data for as long as your subscription is active and until the data is deleted or returned in line with these Terms.

S3. Nature and purpose. We process the personal data only to provide the document formatting software, which includes formatting documents using third party artificial intelligence providers.

S4. Type of personal data. The personal data contained in the documents you upload, typically candidate CVs. This may include names, contact details, work history, qualifications and any other information you choose to include.

S5. Categories of individuals. The candidates and other individuals whose information appears in the documents you upload.

S6. Our obligations. We will:

1. process the personal data only on your documented instructions, including these Terms;
2. ensure that our staff who access the data are bound by a duty of confidentiality;
3. put in place appropriate technical and organisational measures to keep the data secure;
4. not engage another provider to process the data without your authorisation, which you give for the artificial intelligence providers we use; we keep a list and give notice before adding or changing one so you may object;
5. assist you, so far as reasonably possible, in responding to requests from individuals to access, correct or delete their personal data;
6. assist you with your obligations around data security, breach notification and data protection impact assessments;
7. tell you without undue delay if we become aware of a personal data breach affecting your data;
8. at the end of the service, delete or return the personal data as you choose, unless we are required by law to keep it;
9. make available the information you reasonably need to show we are meeting these obligations, and allow for audits on reasonable notice;
10. tell you if, in our opinion, an instruction from you would breach data protection law.

S7. Location and international transfers. Some personal data is processed outside the UK, including by Anthropic in the United States. Where personal data is processed outside the UK, we ensure that an appropriate safeguard recognised under UK data protection law is in place, such as the UK addendum to the standard contractual clauses or an adequacy decision.

S8. Your obligations. You confirm that you have a lawful basis to upload the personal data, that you have provided any required privacy information to the individuals concerned, and that your instructions to us are lawful.

Acceptance

By subscribing to the software you confirm that you have read, understood and agree to these Terms of Business. Your acceptance is given when you subscribe, and no signature is required for these Terms to apply.