ShiftFlow Terms of Service
Last updated: October 6, 2025
1. Who we are and how these Terms work
1.1 The Service. These Terms of Service (the “Terms”) govern your access to and use of ShiftFlow’s websites, mobile applications, kiosk apps, APIs, and related services (collectively, the “Service”).
1.2 Company. “Company,” “we,” “us,” or “our” means ShiftFlow Inc., with its principal place of business in San Mateo, California. Contact: legal@shiftflow.app.
1.3 Parties. “Customer” is the business that purchases a subscription to the Service. “Users” are individuals who access or use the Service under a Customer’s account. Users may include owners, administrators, managers, and workers.
1.4 Accepting the Terms. 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 20.
1.5 Other terms. Our Privacy Policy and Data Processing Addendum (DPA) form 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.
1.6 Changes to these Terms. 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.
2. The Service, license, and roles
2.1 What ShiftFlow provides. The Service includes workforce time and attendance, scheduling, timesheets, job or project codes, GPS-based clock-in options, approvals, document storage, messaging, and analytics. The Service is not a law firm, payroll provider, or professional advisor.
2.2 Customer responsibilities. 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.
2.3 No employment decisions. The Service may label roles like “Owner,” “Admin,” or “Employee,” but such labels are for product functionality only. ShiftFlow does not determine employment status, wage and hour compliance, or eligibility for any benefit.
2.4 License grant. 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.
2.5 Compliance with laws. 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.
3. Accounts and access
3.1 Registration. 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.
3.2 Security. 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.
3.3 Age. 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.
3.4 Employee consent for data collection. 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.
4. Acceptable use
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.
5. Location features and device permissions
5.1 Location. 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.
5.2 Photos and camera. 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.
5.3 Background operation. 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.
6. Messaging and communications
6.1 Service messages. 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.
6.2 Consent. 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 ShiftFlow SMS by replying STOP where supported or by adjusting account settings, although important account or security messages may still be sent by permitted channels.
7. Customer data and content
7.1 Customer data. 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.
7.2 Data accuracy. Customer is solely responsible for the accuracy of inputs, including schedules, rates, break rules, and timesheet approvals.
7.3 Data retention. 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.
7.4 Sensitive data. 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.
7.5 Usage data and de-identified analytics. 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.
7.6 Access disputes. 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.
8. Privacy and data protection
8.1 Privacy Policy. Our Privacy Policy describes how we collect, use, and disclose personal data, including geolocation, device identifiers, and usage analytics.
8.2 Data Processing Addendum. 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.
8.3 Subprocessors and cross-border transfers. We may use subprocessors and transfer data to other countries in accordance with our Privacy Policy and DPA.
8.4 Security. We maintain administrative, technical, and physical safeguards designed to protect Customer data. No system is perfectly secure, and we cannot guarantee absolute security.
9. Subscriptions, fees, and taxes
9.1 Plans. 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.
9.2 Auto-renewal. 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.
9.3 Seats and usage. 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.
9.4 Trials. Trial periods, if offered, convert to paid subscriptions at the end of the trial unless canceled before conversion. We may modify or terminate trials at any time subject to applicable law.
9.5 In-app purchases. 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.
9.6 No refunds. Except where required by law or as stated in an order, fees are non-refundable and non-creditable. Partial months are not prorated.
9.7 Late amounts. 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.
9.8 Payment authorization. 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.
10. Changes to the Service
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.
11. Integrations and third-party services
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.
12. APIs and rate limits
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.
13. Confidentiality
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.
14. Ownership and feedback
We retain all rights in the Service and underlying technology. You may provide feedback. We may use feedback without restriction or compensation.
15. Beta and AI features
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.
16. Disclaimers
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.
17. Indemnification
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.
18. Limitation 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.
19. Term, suspension, and termination
19.1 Term. These Terms apply while you use the Service and during any active subscription.
19.2 Suspension. We may suspend access immediately for non-payment, suspected fraud or abuse, security risks, or violations of law or these Terms.
19.3 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.
19.4 Effect of termination. 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.
20. Dispute resolution, arbitration, and class action waiver
20.1 Good faith 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.
20.2 Arbitration. 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.
20.3 Class and jury waiver. 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.
20.4 Small claims and injunctive relief. 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.
21. Governing law and venue
These Terms are governed by the laws of California, without regard to conflicts of laws rules. Subject to Section 20, 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.
22. Export, sanctions, and government rights
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.
23. Mobile app platform terms
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.
24. Notices
We may provide notices by email, in-app messages, or posting to the Service. Customer notices to us must be sent to legal@shiftflow.app. We accept legal notices by email. If a court or applicable rule requires postal service, contact us at legal@shiftflow.app to obtain our current mailing address for service.
25. General
25.1 Assignment. 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.
25.2 Force majeure. Neither party is liable for delays or failures due to events beyond its reasonable control.
25.3 Entire agreement. 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.
25.4 Open source. The Service may include open-source components subject to their licenses.
25.5 Publicity. We may use Customer’s name and logo to identify Customer as a customer, unless Customer opts out by emailing legal@shiftflow.app.
26. Payments and payouts features (optional modules)
26.1 Scope. This Section applies only if Customer activates modules that facilitate payments, reimbursements, tips, or other funds movement to or from Customer or its workers.
26.2 Third-party processors. Payments and payouts may be provided by third-party processors or financial institutions. Their terms apply in addition to these Terms.
26.3 Authorization. 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.
26.4 Compliance. 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.
26.5 Errors and chargebacks. 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.
26.6 Suspension. We may suspend payments and payouts features for suspected fraud, security risk, or non-compliance.
Country or state-specific terms
If you operate in jurisdictions with special rules, the following apply in addition to the Terms:
- California. If Customer is a business subject to the California Consumer Privacy Act, our DPA includes required CCPA terms.
- EEA or UK. The DPA includes Standard Contractual Clauses for transfers when applicable. Customer must have a lawful basis for processing under GDPR.
- Canada. References to “consumer” rights or province-specific laws apply as required by Canadian law.
Contact
ShiftFlow Legal Email: legal@shiftflow.app
If you have questions about these Terms, contact us.