Terms & Conditions

1. Agreement to Terms

By accessing or using the Shiftly mobile application, website, or any services provided by Shiftly Technologies, Inc. ("Shiftly," "we," "our," "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms apply to all users of the Services, including workers seeking employment, employers seeking candidates, and any other visitors or users.

2. Description of Services

Shiftly is a job matching platform that connects workers with employers through a swipe-based matching system powered by machine learning. Our Services include:

• Profile creation and management for workers and employers
• Algorithmic job and candidate matching based on skills, availability, location, and preferences
• In-app messaging between matched workers and employers
• Job offer creation, management, and acceptance
• Interview scheduling and coordination
• Employer dashboard and workforce management tools

Shiftly does not act as an employer, staffing agency, or employment agency. We facilitate connections between independent parties. All employment decisions are made solely by the employer and worker.

3. Eligibility

To use Shiftly, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• Provide accurate, current, and complete information during registration

Employers must be authorized to hire on behalf of the business they represent and must comply with all applicable employment laws.

4. Account Registration

You must create an account to access most features of the Services. You agree to:

• Provide accurate and truthful information in your profile
• Maintain the security of your account credentials
• Immediately notify us of any unauthorized use of your account
• Not create multiple accounts or accounts on behalf of others without authorization

You are solely responsible for all activity that occurs under your account. Shiftly reserves the right to suspend or terminate accounts that violate these Terms.

5. User Conduct

You agree not to:

• Post false, misleading, or fraudulent job listings or profile information
• Harass, threaten, or discriminate against other users
• Use the Services for any unlawful purpose
• Attempt to gain unauthorized access to the Services, other accounts, or our systems
• Scrape, crawl, or use automated means to access the Services without our written permission
• Interfere with or disrupt the Services or servers
• Post spam, unsolicited messages, or promotional content through the messaging system
• Circumvent any content-filtering, rate-limiting, or security measures
• Use the platform to collect personal information about other users for purposes unrelated to employment

6. Matching and Employment

Shiftly uses machine learning algorithms to suggest potential matches between workers and employers. We do not guarantee:

• That you will receive any matches, job offers, or candidates
• The accuracy, quality, or suitability of any match
• Employment outcomes, compensation, or working conditions
• The truthfulness of information provided by other users

Any employment relationship formed through Shiftly is solely between the worker and employer. Shiftly is not a party to any employment contract, and we bear no responsibility for wages, benefits, working conditions, tax withholding, or any other aspect of the employment relationship.

Release for disputes between users. If you have a dispute with another user of the Services (including any dispute between a worker and an employer), you release Shiftly Technologies, Inc. and its officers, directors, employees, and agents from all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

AI-assisted content. Some features generate draft content using artificial intelligence (for example, suggested job overviews, profile text, or search suggestions). AI-generated suggestions are drafts only and may be inaccurate. If you adopt, edit, or submit AI-assisted content, you are responsible for reviewing it and for its accuracy, and it is treated as your content under these Terms. Shiftly does not make hiring decisions; all employment decisions are made by the employer and worker.

Listing integrity. Shiftly may remove, restrict, deprioritize, or limit the visibility of any job listing at its discretion, including listings associated with accounts that show no hiring activity, in order to keep listings trustworthy for workers.

7. Fees and Payments

Shiftly is currently free to use for both workers and employers. We reserve the right to introduce fees, premium features, or subscription plans in the future. Any changes to pricing will be communicated in advance, and your continued use of the Services after such changes constitutes acceptance.

Shiftly does not process payroll or handle payments between employers and workers. All compensation arrangements are solely between the employer and worker.

8. Intellectual Property

The Services, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, are owned by Shiftly Technologies, Inc. and are protected by United States and international intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent. You retain ownership of content you submit to the Services (such as profile information and messages), but you grant Shiftly a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with providing the Services.

Copyright complaints (DMCA). If you believe content on the Services infringes your copyright, send a notice to our designated agent at support@shiftlyco.com (subject line "DMCA Notice") including: (a) identification of the copyrighted work; (b) identification and location of the allegedly infringing material; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner; and (f) your physical or electronic signature. We will respond to valid notices, including removing or disabling access to the identified material. If you believe material you posted was removed in error, you may submit a counter-notice with the corresponding elements. We terminate the accounts of repeat infringers.

9. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Services, you consent to the data practices described in the Privacy Policy.

10. Disclaimers

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

Shiftly does not warrant that the Services will be uninterrupted, error-free, or secure. We do not warrant the accuracy, completeness, or reliability of any content, information, or matches provided through the Services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFTLY TECHNOLOGIES, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

Our total liability for any claims arising under these Terms shall not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amount you paid to Shiftly, if any, in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Shiftly Technologies, Inc. and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another party.

13. Termination

We may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease.

You may delete your account at any time through the app settings. Upon account deletion, we will remove your profile information from active use, subject to our data retention obligations as described in our Privacy Policy.

14. Dispute Resolution

Informal resolution first. Before starting arbitration or any court proceeding, you and Shiftly agree to try to resolve the dispute informally: the party raising the dispute must send the other a written notice describing the dispute and the relief sought (to us: support@shiftlyco.com, subject line "Dispute Notice"), and both parties agree to negotiate in good faith for at least 30 days before initiating any formal proceeding. This step is a condition to starting arbitration.

Binding arbitration. Except as set out below, any disputes arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Unless you and we agree otherwise, the arbitration will be conducted in the county where you live, or remotely by videoconference or written submissions where the rules allow. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Small claims and equitable relief. Either party may instead bring an individual claim in small claims court if it qualifies there, and either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

Who decides what. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide any dispute about the enforceability of the class action waiver or the batch arbitration provision. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, with the remainder staying in arbitration.

Batch arbitration. If 25 or more demands for arbitration are filed against Shiftly raising similar claims and with the assistance of the same or coordinated counsel, the arbitrations shall be administered in sequential batches of up to 50, with a single arbitrator per batch and a single set of administrative fees per batch, before any remaining batches may proceed. Statutes of limitations are tolled for demands awaiting their batch. This provision is intended to secure the efficient resolution of similar claims and is a material term of this agreement.

Your right to opt out. You may opt out of this arbitration agreement and class action waiver by emailing support@shiftlyco.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your name and the email address or phone number associated with your account. Opting out of arbitration does not affect any other provision of these Terms.

Severability within this section. Except as stated above regarding the class action waiver, if any part of this Section 14 is found unenforceable, the remainder of the Section remains in effect.

15. State-Specific Notices

California residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Services are provided by Shiftly Technologies, Inc., 1111B South Governors Avenue, STE 41988, Dover, DE 19904; support@shiftlyco.com. Complaints may be directed to our support address above, or to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Colorado, Connecticut, Nevada, and Virginia residents. Nothing in these Terms limits any rights you may have under the consumer protection or privacy laws of your state, including rights described in our Privacy Policy.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Shiftly Technologies, Inc. is a Delaware C Corporation.

17. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on the Services and updating the "Last Updated" date. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms.

18. Severability and General Terms

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

These Terms, together with the Privacy Policy and any posted policies they reference, are the entire agreement between you and Shiftly regarding the Services. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms; Shiftly may assign them in connection with a merger, acquisition, or sale of assets. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) survive.

19. Contact Us

If you have any questions about these Terms, please contact us at:

Shiftly Technologies, Inc.
1111B South Governors Avenue
STE 41988
Dover, DE 19904
United States

Email: support@shiftlyco.com
Website: www.shiftlyco.com