Last updated: December 6, 2025
From everyone at Shifts Work, thank you for using our products! We build them to help you do your best work. There are thousands of people using Shifts Work products every day. Because we don't know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.
When we say "Company", "Shifts Work", "we", "our", or "us" in this document, we are referring to Shifts Work and its affiliated companies.
When we say "Services" or "Shifts Work product", we mean any product created and maintained by Shifts Work. That includes Shifts Work (all versions) whether delivered within a web browser, desktop application, mobile application, or another format.
When we say "You" or "your", we are referring to the people or organizations that own an account with one or more of our Services.
These Terms of Service (the "Terms") govern your access to and use of Shifts Work's websites, mobile applications, APIs, and related services (collectively, the "Service").
By creating an account, clicking "I agree," or using the Service, you accept these Terms. If you are accepting for a Customer, you represent that you have authority to bind that Customer. If you do not agree, do not use the Service.
These Terms include an arbitration agreement and a class action waiver in Section 25.
Our Privacy Policy forms part of these Terms when applicable. Additional service-specific terms may apply, for example for beta features, AI features, or integrations. If there is a conflict, the additional terms control for their subject matter.
We may update these Terms. For material changes, we will provide reasonable notice by email, in-app notice, or by posting on our website before changes take effect. Continued use of the Service after the effective date constitutes acceptance.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your account. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.
The Service includes workforce scheduling, time and attendance tracking, timesheets, shift management, break time management, overtime management, messaging, and analytics. The Service is not a law firm, payroll provider, or professional advisor.
Customer is the data controller for personal data it enters into the Service and is responsible for: (a) configuring rules such as pay differentials, overtime rules, shift premiums, and geofences, (b) verifying compliance of settings and outputs with applicable laws, policies, and agreements, and (c) informing Users about Customer policies.
The Service may label roles like "Owner," "Admin," or "Employee," but such labels are for product functionality only. Shifts Work does not determine employment status, wage and hour compliance, or eligibility for any benefit.
Subject to these Terms and payment of applicable fees, we grant Customer and its Users a limited, non-exclusive, non-transferable, revocable license to access and use the Service for Customer's internal business purposes.
Customer is solely responsible for compliance with all labor, employment, wage and hour, timekeeping, scheduling, pay transparency, and worker classification laws and regulations that apply to Customer's business, including but not limited to the FLSA and any predictive scheduling or Fair Workweek ordinances. The Service is a tool that assists with recordkeeping and scheduling, and outputs should be reviewed by Customer for accuracy and legal compliance. We are not a law firm, payroll provider, or tax advisor.
You must provide accurate and complete information and keep it up to date. Customer controls which Users may access its workspace and what permissions they have.
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend users set up two-factor authentication for added security. In some of our Services, we may require it.
You are responsible for safeguarding your credentials and for all activity under your account. Use strong passwords and multi-factor authentication where available. Notify us promptly of any unauthorized access.
You must be the age of majority in your jurisdiction to create an account or have valid consent from a parent or guardian when permitted by law.
Customer represents and warrants that it has provided all notices and obtained all consents required by law from its workers for any features Customer enables, including location services, photo capture for clock-in, messaging via email, SMS, and push notifications, and timekeeping or scheduling related monitoring.
You may not use the Services for any purpose outlined in our Use Restrictions policy.
You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You will not: (a) use the Service in violation of law, including wage and hour, privacy, anti-spam, and export laws; (b) upload or transmit malicious code; (c) attempt to access accounts or data without authorization; (d) reverse engineer, decompile, disassemble, or seek to derive source code except as allowed by law; (e) run penetration tests, vulnerability scans, or load tests without our prior written consent; (f) use bots, scrapers, or other automated means to access the Service, harvest data, or bypass rate limits, except as permitted by robots.txt or our written consent; (g) use the Service to harass, discriminate, or send unlawful or unsolicited messages; (h) misrepresent your identity or employment relationship; or (i) benchmark, monitor, or copy the Service for competitive purposes without our written consent.
If enabled by Customer, the Service may collect device location for features like geofenced clock-in, job site verification, and route or mileage capture. Location collection occurs only with appropriate device permissions and can be limited by Customer configuration.
If enabled by Customer, the Service may request camera access to capture a clock-in photo for fraud deterrence. Photo capture is not facial recognition by default. We do not require biometric templates unless a Customer explicitly activates a biometric feature made available in the Service, in which case additional terms will apply.
Some features may use background location for geofence arrival or leave events. You can disable permissions at the device level, though certain features may stop working.
By using the Service, Users and Customers may receive administrative emails, in-app notifications, and, if enabled, SMS or push notifications related to account activity, scheduling, and timekeeping. Message frequency varies. Standard carrier rates apply.
Customers are responsible for obtaining any legally required consents from Users before adding them to a workspace or sending SMS through the Service. Users can opt out of Shifts Work SMS by replying STOP where supported or by adjusting account settings, although important account or security messages may still be sent by permitted channels.
Customer retains ownership of data it submits to the Service. Customer grants us a non-exclusive license to host, process, transmit, display, and back up Customer data as necessary to provide and improve the Service, comply with law, and prevent fraud and abuse.
Customer is solely responsible for the accuracy of inputs, including schedules, rates, break rules, and timesheet approvals.
During an active subscription, Customer can access and export data via available tools. After termination, we may delete or de-identify data after a reasonable period, except where we are legally required or permitted to retain it.
All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is cancelled, we've provided instructions for our Shifts Work application.
Do not upload special categories of data unless expressly permitted in writing and configured for that purpose, which may require a Business Associate Agreement or other addendum.
We may collect and use information about how the Service is accessed and used, including analytics and performance data. We may use such information to operate, improve, and secure the Service, and may use or share aggregated or de-identified data that does not identify Customer or any individual.
Access to Customer data within a workspace is managed by Customer. We do not mediate disputes between Customer and its workers regarding data access or content.
We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes.
You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
The Service is offered on subscription plans, for example seat-based monthly or annual plans. Customer will pay fees described at purchase or in an order form, plus applicable taxes. Fees are in USD unless stated otherwise.
If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
Subscriptions renew automatically for the same term unless canceled as described below. We may change pricing with reasonable prior notice. Continued use after a price change constitutes acceptance of the new price. Where required by law, we will present auto-renewal terms clearly, obtain your affirmative consent, and send an acknowledgment that includes cancelation instructions.
Customer may add seats or add-ons at any time. Added items are billed pro rata for the remainder of the term and co-terminate with the underlying subscription. Seat reductions take effect at the next renewal unless we agree otherwise.
For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. See our Cancellation policy for more details.
If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
If you purchase through the Apple App Store or Google Play, billing and cancellation are governed by the relevant app store terms. Otherwise, charges are processed through our payment processor.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are solely responsible for payment of all taxes, levies, or duties.
We process refunds according to our Fair Refund policy. Except where required by law or as stated in an order, fees are non-refundable and non-creditable. Partial months are not prorated.
Overdue amounts may incur a finance charge at the lesser of 1.5 percent per month or the maximum rate permitted by law, plus reasonable collection costs.
Customer authorizes us and our payment processor to charge the payment method on file for all fees and taxes due for the subscription and any add-ons, and to automatically charge at renewal unless Customer cancels auto-renew before the renewal date.
You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact our Support team.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See our Fair Refund policy for more details.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.
Either party may terminate for material breach that remains uncured for 15 days after notice. Customer may terminate at any time by turning off auto-renew and allowing the term to end.
We make a promise to our customers to support our Services until the end of the Internet. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
We may modify, suspend, or discontinue features at any time. If we make a material change that reduces core functionality of a paid plan during a term, Customer may terminate within 30 days of notice and receive a pro rata refund of prepaid fees for the unused remainder of the term for the affected plan.
Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements for our Services but do take uptime of our applications seriously.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. Whenever your data are in transit between you and us, everything is encrypted, and sent using HTTPS. Any files which you upload to us are stored and are encrypted at rest. All credit card transactions are processed using secure encryption—the same level of encryption used by leading banks. Card information is transmitted, stored, and processed securely on a PCI-Compliant network. Our servers — from power supplies to the internet connection to the air purifying systems — operate at full redundancy. Our systems are engineered to stay up even if multiple servers fail.
When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Shifts Work may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
If we process personal data as processor on Customer's behalf and an applicable law requires a DPA, our DPA will apply upon execution. Customer is responsible for providing all notices and obtaining all consents required under applicable law.
We may use subprocessors and transfer data to other countries in accordance with our Privacy Policy and DPA.
Under the California Consumer Privacy Act ("CCPA"), Shifts Work is a "service provider", not a "business" or "third party", with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service, Privacy policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use Shifts Work's Services in a way that violates the regulations.
The Service may enable connections to third-party products, such as payroll providers, single sign-on, or communications tools. Third-party terms and privacy policies apply to those products. We are not responsible for third-party services, data exchange with them, or their availability.
If we provide an API, Customer's use is limited to internal business purposes, subject to these Terms and our documentation. We may set or modify rate limits, revoke credentials, or suspend API access that degrades the Service or violates these Terms.
Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user's activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.
We offer Application Program Interfaces ("API"s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:
You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Each party will protect the other party's non-public information with at least reasonable care and use it only to perform under these Terms. Confidentiality obligations do not apply to information that is public, already known without duty of confidentiality, independently developed, or rightfully received from a third party.
We retain all rights in the Service and underlying technology. You may provide feedback. We may use feedback without restriction or compensation.
We may offer features designated as beta or AI. Such features are provided as-is, may be discontinued, may produce inaccurate or incomplete outputs, and should be reviewed by you before use. Do not rely on beta or AI features for legal, compliance, payroll, or safety-critical decisions without human review.
The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability. You are solely responsible for configuring rules, reviewing outputs, and achieving legal compliance.
Customer will defend and indemnify us and our affiliates against third-party claims arising from: (a) Customer's or Users' use of the Service in violation of law or these Terms, (b) Customer data, including claims that data was collected or processed without proper notice or consent, and (c) any employment, wage and hour, or similar disputes between Customer and its workers. We will promptly notify Customer and cooperate at Customer's expense. Customer will not settle a claim without our written consent if it imposes a non-monetary obligation on us.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility, and (b) each party's aggregate liability arising out of or related to the Service will not exceed the amounts paid or payable by Customer to us for the Service in the twelve months before the event giving rise to liability. These limits apply to all claims under any theory of liability. Some jurisdictions do not allow certain limitations, so these limits may not apply to you to the extent prohibited by law.
In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Services, thank you for betting on us.
These Terms apply while you use the Service and during any active subscription.
We may suspend access immediately for non-payment, suspected fraud or abuse, security risks, or violations of law or these Terms.
Upon termination, Customer's right to access the Service ends. Certain sections survive, including ownership, confidentiality, fees, privacy, disclaimers, indemnification, limitations of liability, and dispute resolution.
Before filing a claim, the parties will try in good faith to resolve disputes by notifying the other party and allowing 30 days for discussion.
Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be finally resolved by binding arbitration on an individual basis.
(a) Rules and administrator. The arbitration will be administered by JAMS under its Streamlined Rules.
(b) Fees and costs. For disputes subject to the JAMS Consumer Minimum Standards, fees and costs will be allocated as required by those standards. For business-to-business disputes, fees and costs will be allocated under the JAMS Streamlined Rules.
(c) Location and seat. The seat and venue of arbitration will be San Mateo County, California, unless the arbitrator requires a different location or remote proceedings.
(d) Governing statute. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
The parties agree to resolve disputes only on an individual basis. There will be no class, collective, consolidated, private attorney general, or representative proceedings. The parties waive the right to a jury trial.
Either party may bring an individual action in small claims court, and either party may seek temporary injunctive relief in court to protect confidential information or intellectual property.
These Terms are governed by the laws of California, without regard to conflicts of laws rules. Subject to Section 25, the exclusive venue for litigation is the state courts in San Mateo County, California, or the federal courts of the Northern District of California, and the parties consent to personal jurisdiction there.
You will comply with all applicable export control and sanctions laws. The Service is commercial computer software and documentation, and the U.S. Government's rights are limited as provided in applicable regulations.
If you download our apps from the Apple App Store or Google Play, you agree to the store's terms, including licensing and usage rules. Apple and Google are third-party beneficiaries of this Section and may enforce it against you.
We may provide notices by email, in-app messages, or posting to the Service. Customer notices to us must be sent to legal@shiftswork.top. We accept legal notices by email. If a court or applicable rule requires postal service, contact us at legal@shiftswork.top to obtain our current mailing address for service.
Customer may not assign these Terms without our written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets. We may assign without consent.
Neither party is liable for delays or failures due to events beyond its reasonable control.
These Terms and any order form, Privacy Policy, and DPA constitute the entire agreement. No waiver is effective unless in writing. If any provision is unenforceable, the remainder remains in effect, and the unenforceable term will be replaced with an enforceable one that most closely reflects the original intent.
The Service may include open-source components subject to their licenses.
We may use Customer's name and logo to identify Customer as a customer, unless Customer opts out by emailing legal@shiftswork.top.
This Section applies only if Customer activates modules that facilitate payments, reimbursements, tips, or other funds movement to or from Customer or its workers.
Payments and payouts may be provided by third-party processors or financial institutions. Their terms apply in addition to these Terms.
Customer authorizes us and our processors to debit and credit Customer-designated bank accounts and payment methods for transactions initiated through the Service, including fees, chargebacks, and adjustments. Customer is responsible for providing accurate account information and for resolving any rejected or returned entries.
Customer is responsible for compliance with applicable payments and wage laws, including but not limited to EFTA, NACHA rules for ACH, payroll, and wage assignment restrictions. We do not provide legal, tax, or payroll services.
Customer is responsible for transaction errors resulting from inaccurate instructions provided by Customer, and for any chargebacks, reversals, or returns. We may offset fees, chargebacks, or other amounts against amounts owed to Customer.
We may suspend payments and payouts features for suspected fraud, security risk, or non-compliance.
If you operate in jurisdictions with special rules, the following apply in addition to the Terms:
If Customer is a business subject to the California Consumer Privacy Act, our DPA includes required CCPA terms.
The DPA includes Standard Contractual Clauses for transfers when applicable. Customer must have a lawful basis for processing under GDPR.
References to "consumer" rights or province-specific laws apply as required by Canadian law.
Shifts Work Legal Email: legal@shiftswork.top
If you have questions about these Terms, contact us.