Terms of Service

Acceptance & Eligibility

These Terms of Service (“Terms”) form a binding agreement between you and Shiffy(“Shiffy,” “we,” or “us”) governing your use of the Shiffy platform, websites, and mobile applications (the “Services”). By creating an account, subscribing, or using the Services, you agree to these Terms. The Services are offered in the United States only. You must be at least 18 years old and able to form a binding contract. If you accept on behalf of a business, you represent that you are authorized to bind that business.

Your Account

You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your credentials, and for all activity under your account. You must promptly notify us of any unauthorized use. Operator businesses are responsible for managing their own users and for the lawful basis to collect and process their workers’ data through the Services.

Storefront Customer Accounts

Operator businesses may publish online ordering storefronts through the Services. If you create a customer account or place an order on a Shiffy storefront, the following terms apply to you in addition to the general terms above.

Account creation and sign-in. Customer accounts use passwordless magic-link sign-in: you provide an email address, and we email you a short-lived link to verify it and sign you in. You are responsible for keeping access to your email account secure and for activity under your customer account. Your account identity is global across Shiffy storefronts, while your order data is kept per business. Guest checkout, without an account, may also be available.

Your ordering relationship is with the business. When you place an order on a storefront, your purchase relationship is with the operator business that runs that storefront, not with Shiffy. The operator is responsible for its menu, pricing, availability, fulfillment, and payment terms (for example, pay-at-pickup). Shiffy provides the account and ordering platform and is not the seller of, and is not responsible for, the goods or services you order. Questions, refunds, or disputes about an order should be directed to the operator business.

Acceptable use.You agree not to use a customer account or storefront to place fraudulent or unlawful orders, to impersonate another person, to attempt to access another customer’s account or orders, or to interfere with the Services. We may suspend or remove a customer account that is used in violation of these Terms.

Communications. If you create a customer account, you will receive transactional order-status emails as part of the ordering service. You may receive marketing email only if you opt in, and you can withdraw that consent at any time. You may delete your customer account as described in our Privacy Policy.

Subscription & Billing

Subscriptions and free trials. Paid plans are offered on a subscription basis. If a free trial is offered, you may be required to provide a payment method, and unless you cancel before the trial ends, the subscription will begin automatically at the then-current price.

Auto-renewal. Subscriptions automatically renew at the end of each billing period (monthly or annually, as selected) until cancelled. By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis.

Payments. Payments are processed by Stripe. We do not store full card numbers. You are responsible for applicable taxes.

Cancellation. You may cancel at any time from your account billing settings. Cancellation takes effect at the end of the current billing period, and you retain access until then.

Refunds. Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial periods.

Price changes. We may change prices on a prospective basis with reasonable advance notice; changes take effect on your next renewal.

Acceptable Use

You agree not to:

• Use the Services for any unlawful, harmful, or fraudulent purpose.
• Violate the privacy or employment rights of any worker or third party.
• Upload malware, attempt to gain unauthorized access, or interfere with the Services’ integrity or performance.
• Reverse engineer, resell, or sublicense the Services except as permitted.
• Use the Services to send unsolicited or unlawful communications.
• Misuse location features to track workers outside of legitimate, disclosed time-clock and geofence verification.

Customer Data & Our Role

As between the parties, an operator business owns the data it submits about its workforce (“Customer Data”). The operator is the controller of Customer Data, and Shiffy acts as a processor that handles Customer Data only to provide the Services and on the operator’s instructions. Our handling of personal information is described in our Privacy Policy, and a list of the subprocessors we use is available on our Subprocessors page. Operators who require a Data Processing Addendum (DPA) may request one at privacy@shiffy.app.

Intellectual Property

The Services, including all software, design, and content (excluding Customer Data), are owned by Shiffy and its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You retain all rights in your Customer Data and grant us a limited license to host and process it to provide the Services.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Shiffy is a scheduling and time-tracking tool and is not a provider of legal, tax, payroll, or labor-law-compliance advice; operators remain responsible for compliance with applicable wage, hour, and scheduling laws.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You will defend, indemnify, and hold harmless Shiffyand its affiliates from and against any claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your Customer Data, your use of the Services, or your violation of these Terms or applicable law.

Termination

You may stop using the Services and cancel at any time. We may suspend or terminate the Services if you breach these Terms, fail to pay, or use the Services in a way that poses risk to us or others. On termination, your right to use the Services ends and we will handle Customer Data as described in our Privacy Policy.

Electronic Communications Consent

By creating an account or subscribing, you consent to receive communications from us electronically—including by email and in-app/push notifications—and you agree that electronic agreements, notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing. Service and transactional messages (for example, schedule changes, billing receipts, and security alerts) are a necessary part of the Services. You can manage notification preferences in your account or device settings, and you can unsubscribe from marketing emails at any time. If we introduce SMS/text messaging in the future, we will obtain your separate consent before sending such messages, and message and data rates may apply.

Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and, where appropriate, provide additional notice. Continued use of the Services after changes take effect constitutes acceptance.

Governing Law

These Terms are governed by the laws of the State of Oregon, USA, without regard to its conflict-of-laws rules. You agree that the exclusive venue for any dispute arising out of or relating to these Terms or the Services will be the state and federal courts located in the State of Oregon, and you consent to their personal jurisdiction.

Contact Us

Questions about these Terms? Contact Shiffy at legal@shiffy.app.