Terms of Use

1. Introduction

1.1 Welcome to Thorncheck. This website and platform is operated by Thorncheck Limited, a company registered in England and Wales (company number 17137215), with a registered address at 124 City Road, London, EC1V 2NX (“Thorncheck”, “we”, “us”, “our”).

1.2 By accessing our website or using our service, you agree to these Terms of Use and our Privacy Policy. If you do not agree, please do not use our service.

2. Definitions

• Service – The Thorncheck reference checking platform, including all features and functionality.
• Employer / Requester – A registered user who creates reference requests.
• Candidate – An individual whose employment references are being sought.
• Referee – An individual contacted to provide a reference for a candidate.
• Reference Request – A request created by an employer to obtain references for a candidate.
• AI Insights – Machine-generated analysis of reference responses.
• User Content – Any data, information, or materials submitted through the Service.
• Question Profile – A saved set of questions used to structure reference questionnaires.

3. The Thorncheck Service

3.1 Thorncheck provides an online platform enabling employers to request, collect, and manage employment references.

3.2 The Service is not hiring advice. It should not be used as the sole basis for any hiring or personnel decision. You are responsible for complying with all applicable employment and data protection laws.

3.3 References are provided by third-party referees. Thorncheck does not verify the accuracy, completeness, or truthfulness of any reference responses. Referees may decline to respond or provide limited information.

3.4 When processing candidate and referee data, Thorncheck acts as a data processor on behalf of the employer, who is the data controller.

4. Accounts

4.1 Registration

4.1.1 Employers must provide accurate and complete information when creating an account. You are responsible for:

• Keeping your login credentials confidential
• All activity that occurs under your account
• Keeping your billing information up to date

4.1.2 Report any unauthorised access immediately to support@thorncheck.com.

4.2 Team Members

4.2.1 Account owners can invite team members with different roles (Owner, Admin, User, Viewer). You are responsible for the actions of team members you invite.

5. Billing and Payments

5.1 Payments are processed by Stripe. By using the Service, you also agree to Stripe's terms.

5.2 You must activate a subscription before creating reference requests.

5.3 Cancellation

5.3.1 When you cancel your subscription you will not receive an immediate or prorated refund but you will continue to have access to your subscription until your term end.

6. Intellectual Property

6.1 Thorncheck owns all intellectual property in the platform, including trademarks, software, design, and content. You receive a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose.

6.2 You must not:

• Copy, modify, or create derivative works from the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Scrape, extract, or mine data from the Service
• Frame or embed the Service in another website
• Use the Service to build a competing product

6.3 You retain ownership of the data you submit. You grant Thorncheck a licence to use your content solely for the purpose of providing the Service. This licence ends when your content is deleted from our systems.

7. Prohibited Conduct

7.1 You must not:

• Infringe any person's rights (intellectual property, privacy, or contractual)
• Use bots, scrapers, or automated tools to access the Service
• Transmit unlawful, harmful, defamatory, or offensive material
• Send spam or unsolicited communications through the Service
• Interfere with the proper functioning of the Service
• Impersonate another employer or organisation
• Submit fraudulent reference requests
• Conduct reference checks without the candidate's knowledge
• Share account credentials with unauthorised parties
• Use AI insights for fully automated hiring decisions without human oversight

7.2 Thorncheck reserves the right to suspend or terminate access for any breach of this section.

8. Confidentiality

8.1 Both parties agree to keep confidential information secret and not disclose it to third parties, except:

• To employees or advisors who need to know (and are bound by confidentiality)
• As required by law or regulatory order
• Where the information is already publicly available

9. Third-Party Links

9.1 Our platform may contain links to third-party websites or services. We do not endorse or control these and are not responsible for their content. You access them at your own risk.

10. Service Availability

10.1 We aim to provide a reliable service but do not guarantee uninterrupted or error-free availability. We may conduct planned maintenance with reasonable advance notice.

11. Disclaimers

11.1 The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including:

• Fitness for a particular purpose
• Accuracy or reliability of information
• Uninterrupted or error-free operation
• That referees will respond to requests
• That AI insights will be accurate

12. Limitation of Liability

12.1 To the extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or business opportunity.

12.2 Our total liability for all claims arising from the Service is limited to the total fees you paid to Thorncheck in the 12 months preceding the event giving rise to the claim.

12.3 Nothing in these terms excludes liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded by law

13. Indemnification

13.1 You agree to indemnify Thorncheck against all claims, damages, and expenses (including legal fees) arising from:

• Your breach of these terms
• Your violation of applicable law
• Infringement of third-party rights through your use of the Service
• Any wilful, unlawful, or negligent act or omission

13.2 Thorncheck agrees to indemnify you against claims that your use of the Service (as intended) infringes the intellectual property rights of any third party.

13.3 These obligations survive termination.

14. Suspension and Termination

14.1 We may suspend or terminate your access if:

• You breach these terms
• Your account payment is overdue
• We suspect fraudulent or unlawful activity
• Required by law or regulatory order

14.2 Where possible, we will give you notice and an opportunity to remedy the breach within 10 working days before terminating.

14.3 You may terminate:

• By cancelling your subscription through the platform
• By contacting support@thorncheck.com

14.4 After termination:

• Access to the Service ceases
• Outstanding fees remain payable
• Data is retained per our retention policy
• Confidentiality and indemnification obligations survive

15. Data Protection

15.1 We process personal data in accordance with our Privacy Policy and applicable data protection law, including UK GDPR.

15.2 For employer customers, a Data Processing Agreement (DPA) is available and forms part of this agreement.

16. Force Majeure

16.1 Neither party is liable for failure to perform due to events beyond reasonable control, including natural disasters, war, pandemic, government action, power outages, or telecommunications failures. If a force majeure event continues for 60 days, either party may terminate with 7 days written notice.

17. General Provisions

17.1 These terms, together with the Privacy Policy and any DPA, constitute the entire agreement between you and Thorncheck.

17.2 If any clause is found to be invalid, the remaining terms continue in full force.

17.3 Our failure to enforce a right does not waive that right.

17.4 You may not assign your rights without our consent. We may assign ours in the event of a merger, acquisition, or reorganisation.

17.5 Nothing in these terms creates a partnership, agency, or employment relationship between us.

17.6 Notices to Thorncheck must be sent to legal@thorncheck.com. We will send notices to the email address on your account.

18. Governing Law

18.1 These terms are governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any disputes.

19. Contact Us