Terms of Service

1. Agreement to Terms

By accessing or using ShiftSwap ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including both managers/administrators and employees.

2. Description of Service

ShiftSwap is a workforce management platform that provides:

• Employee shift scheduling and management
• Self-service shift swapping with manager approval
• GPS geofence-based clock-in/clock-out
• Attendance tracking and verification (WiFi, selfie, facial recognition, QR codes)
• Real-time notifications and alerts
• Time and attendance policy enforcement
• Reporting and analytics

3. User Accounts

3.1 Account Creation

To use ShiftSwap, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

3.2 Age Requirements

You must be at least 16 years old to use ShiftSwap. By using the Service, you represent that you meet this age requirement.

3.3 Manager vs. Employee Accounts

• Manager Accounts: Have administrative access to create schedules, approve swaps, manage employees, and configure settings
• Employee Accounts: Can view schedules, request shift swaps, clock in/out, and receive notifications

4. Subscription and Payment

4.1 Pricing Plans

ShiftSwap offers the following subscription tiers:

• Starter: $39/month (up to 15 employees)
• Business: $89/month (up to 30 employees)
• Enterprise: $199/month (up to 60 employees)

Annual subscriptions receive a 20% discount. Custom pricing is available for teams larger than 60 employees.

4.2 Free Trial

We offer a 14-day free trial for Starter and Business plans, and a 30-day free trial for Enterprise plans. No credit card is required to start a trial. At the end of your trial period, you will be automatically subscribed to your chosen plan unless you cancel.

4.3 Payment Terms

• Subscriptions are billed in advance on a monthly or annual basis
• All payments are processed through Stripe, our secure payment processor
• You authorize us to charge your payment method on file for recurring subscriptions
• All fees are non-refundable except as required by law or stated in our refund policy

4.4 Refund Policy

We offer a 30-day money-back guarantee from your first payment. If you're not satisfied, contact support@shiftswap.app within 30 days for a full refund.

4.5 Plan Changes and Cancellation

• You may upgrade or downgrade your plan at any time
• Upgrades take effect immediately; downgrades take effect at the next billing cycle
• You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period
• Upon cancellation, your data is retained for 90 days and then permanently deleted

4.6 Price Changes

We reserve the right to modify our pricing with 30 days' notice. Price changes will not affect your current billing cycle.

5. Acceptable Use

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate the privacy or rights of others
• Upload or transmit viruses, malware, or malicious code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service
• Circumvent geofence or attendance verification mechanisms
• Share your account credentials with others
• Use the Service to harass, abuse, or harm others
• Resell or redistribute the Service without authorization

6. Biometric Data Consent

If you enable facial recognition features (Enterprise plan):

• You acknowledge that ShiftSwap will collect and process biometric data (facial feature mappings)
• You consent to the collection, use, and storage of this biometric data for identity verification purposes
• You agree to obtain informed written consent from all employees before enrolling them in facial recognition
• Biometric data will be retained for 3 years from last use or upon account deletion, whichever comes first
• You may opt out of facial recognition at any time by disabling the feature in settings

Manager Responsibility: As a manager, you are responsible for ensuring compliance with all applicable biometric privacy laws (including BIPA, CCPA, GDPR, etc.) in your jurisdiction.

7. Geofence and Location Tracking

By using ShiftSwap's clock-in features, employees consent to:

• Location tracking during clock-in/clock-out events only
• Verification of physical presence at designated work locations
• Storage of location data for attendance records and compliance purposes

ShiftSwap does NOT track employee location outside of clock-in/clock-out events.

8. Data Ownership and License

8.1 Your Data

You retain all rights to the data you input into ShiftSwap (schedules, employee information, etc.). By using the Service, you grant us a limited license to use, store, and process your data solely to provide the Service.

8.2 Our Intellectual Property

ShiftSwap, including all software, designs, logos, and content, is owned by us and protected by copyright, trademark, and other laws. You may not copy, modify, or distribute our intellectual property without permission.

9. Service Availability and Support

9.1 Uptime

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

9.2 Support

• Starter Plan: Email support (48-hour response time)
• Business Plan: Priority email support (24-hour response time)
• Enterprise Plan: Dedicated account manager + priority support (8-hour response time)

10. Disclaimers and Limitations of Liability

10.1 "As-Is" Service

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFTSWAP SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Lost profits, data, or business opportunities
• Any damages arising from your use or inability to use the Service

Our total liability shall not exceed the amount you paid us in the 12 months prior to the claim.

10.3 Manager Responsibility

You are solely responsible for:

• Compliance with employment laws and regulations
• Accuracy of schedules and time records
• Obtaining employee consent for biometric data collection
• Managing your account and user permissions

11. Indemnification

You agree to indemnify and hold ShiftSwap harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your use of the Service
• Employment disputes with your employees

12. Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• At our discretion with 30 days' notice

Upon termination, your access will cease, and your data will be deleted after 90 days unless otherwise required by law.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Continued use after changes constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive your right to a jury trial or class action lawsuit.

14.3 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or breach of confidentiality.

15. Miscellaneous

15.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and ShiftSwap.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

15.3 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

16. Contact Information

For questions about these Terms, contact us at: