Terms of use

Terms of use

By using Cruiton or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Cruiton (“Agreement”).

Definitions

Running Start Ltd trading as Cruiton (”Cruiton,” “we,” or “us”) is a website (the “App”) that allows you to obtain employee and personal character references from job candidates. We offer this App via https://cruitonapp.com (our “Website”) and any other web site or application owned, operated or controlled by us. These will be referred to as the “Service”.

As a customer of the Service you’re a “User” (“you”) according to this Agreement.

These terms of use (“Terms”) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a User. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

Account

Eligibility

You must be at least 18 years old, able to enter into contracts, and agree to these Terms.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. Cruiton may refuse to provide the Service, close accounts of any Users, and change eligibility requirements at any time.

Term

When you sign up for an account and agree to these Terms, the Agreement between you and Cruiton is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Cruiton account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.

Terminating your account

You or Cruiton may terminate the Agreement at any time and for any reason by terminating your Cruiton account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause, subject to these Terms.

Unless otherwise agreed or specified in these Terms, we won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 12 or more months, we may automatically terminate the account. Once your account is terminated for any reason, you acknowledge and agree that we may permanently delete your account and all the data associated with it. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

Changes

We may change any of the Terms by posting revised Terms on our Website. Unless you terminate your account, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Service or any features of the Service at any time, and we may discontinue the Service or any features of the Service at any time.

Account safety

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Cruiton is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorised that activity.

Please immediately notify us of any unauthorised access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password via our automated systems.

We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

Payment

We take payments by debit or credit card using our secure payment provider Stripe. Service fees are taken monthly or anually automatically via Stripe. We do not hold any copies of your card details on our servers or in our paperwork; we let the secure Stripe platform handle all payment-related data.

Payment receipts will be sent from Stripe to you by email for each payment. You can view your payment history, top-up your balance, update your payment methods and download your invoices on your ‘Account’ page in the App.

Monthly

Once you select your monthly plan Cruiton will never automatically upgrade or downgrade your monthly plan without your agreement. You will always have the option to upgrade to a higher tier at any time. If you upgrade during a billing period, you may elect to upgrade your package, and your monthly charge for that billing period will be calculated based on the number of days in that billing period during which you were at each of the lower tier and the higher tier.

You will also have the option to downgrade to a lower tier at any time, but if you elect to downgrade during a billing period, your downgrade will not be effective until the end of that billing period, and you will still be charged for that entire billing period at the higher tier (including any applicable additional charges for the higher tier).

When you sign up for a monthly plan you agree to monthly recurring billing starting on the date you sign up. Billing occurs on the same day each calendar month, based on the date that you started your monthly plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).

If any part of a month is included in the Term, then payment is required for the full month. You may choose to close your account permanently at any time.

Yearly

Once you select a yearly plan, Cruiton will never automatically upgrade or downgrade your yearly plan without your agreement. You will always have the option to upgrade to a higher tier at any time. If you upgrade during a billing period, you may elect to upgrade your package, and your annual charge for that billing period will be calculated based on the number of days in that billing period during which you were at each of the lower tier and the higher tier. You do not have the option to downgrade to a lower tier on a yearly plan. When you sign up for a yearly plan, you agree to pay the full annual costs on the date you sign up.

Non-payment 

If your payment fails we will try to collect your payment a maximum of 4 times over a 2 week period. If we still can't collect your payment after the retry attempts, we will mark your subscription as unpaid and withdraw our Service from you while we contact you to rectify the issue.

Refunds

We’ll give you a refund for a prepaid month or year if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.

Billing changes

We may change our fees at any time by posting a new pricing structure to our Website or in your account and/or sending you a notification by email. Changes will take effect for your account at the start of your next billing period.

Rights

Proprietary rights owned by Us and by You

We own all proprietary rights in the Service and Website, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service and Website, and you may only use our brand assets and other intellectual property as expressly permitted in these Terms. Cruiton IPR belongs to and shall, as between the parties, remain in the sole ownership of Cruiton and/or its licensors. You may not store, copy, process, modify, adapt, edit, host, publish online or otherwise use any Cruiton IPR. In no circumstances shall you make any use of or reverse engineer any Cruiton IPR independently of Cruiton.

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to Cruiton in the course of using the Service (“Content”). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement, and, if applicable, our Data Processing Addendum. You further agree that we may publish the fact that you and/or the end customer use Cruiton at our discretion provided that we do so in accordance with honest trade practices and do not imply any wider association between us.

Privacy

Your privacy is important to us. Please read our Privacy policy and Cookie statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

Rules

Cruiton doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you create or distribute any Content that we determine, in our sole discretion, contains either of the following:

A threat of physical harm - This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.

Hateful content - This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based on one or more of the nine protected characteristics outlined in th UK Equality Act 2010 (Age, Disability, Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or belief, Sex, Sexual Orientation).

If you violate any of these rules we may terminate your account.

Compliance with laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (“EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws.

Limitation of liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Website; (ii) we and our employees, contractors and suppliers (our “Team”) won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation. Notwithstanding the above, we do not limit our liability for death or personal injury or for any other liability that may not be limited at law.

No warranties

To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Users use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

Indemnity

You agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

Equitable relief

Your violation of these Terms may cause irreparable harm to Cruiton. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms.

Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include laywer and employee time spent retrieving the records, preparing documents, and participating in a deposition.

Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Users.

Assignments

You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Choice of law

The law of England and Wales, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the English courts and each party consents to personal jurisdiction in those courts.

Force majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control including any act of God, war or military action, terrorism, sanction, strike, acts of hackers, third-party internet services providers, fire, natural disaster but excluding financial incapacity.

Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us and by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

Security incidents

If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Cruiton for such incident.

Entire agreement

These Terms make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.

Updated September 2020