Terms of Service

• "Service" — The Shiftly Pro web and mobile application, including all features, APIs, and related services.
• "Employer" / "Company Account Holder" — The business or organization that subscribes to Shiftly Pro and manages employees.
• "Employee" / "User" — An individual invited by an Employer to use the Service.
• "Admin" — An Employer-designated user with elevated permissions to configure the Service.
• "Content" — Data, text, schedules, time entries, and other information submitted to or generated by the Service.

Shiftly Pro provides workforce management tools for small and medium-sized businesses, including:

• Employee scheduling and shift management
• Time clock with GPS-based geo-fence verification
• PTO/leave request management and accrual tracking
• Payroll reporting and labor cost analytics
• Overtime monitoring and compliance alerts
• Manager dashboards and team reporting

Access to the Service is granted by invitation from an Employer. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying your Employer immediately of any unauthorized access
• Ensuring your account information remains accurate and up to date

Account sharing is prohibited. Each individual must use their own credentials.

Employers using Shiftly Pro agree to:

• Comply with all applicable employment, wage, and labor laws
• Obtain all legally required employee consents before enabling GPS-based features, including providing written notice of location collection as required by applicable law
• Configure geo-fence settings accurately and only for legitimate business purposes
• Not use location or time data to harass, discriminate against, or retaliate against employees
• Maintain accurate employee records and promptly correct errors
• Ensure that only authorized personnel have admin or manager access
• Pay all subscription fees on time

Employees using Shiftly Pro agree to:

• Clock in and out accurately and honestly
• Only clock in from approved locations unless a manager override has been authorized
• Not attempt to spoof, fake, or manipulate GPS coordinates
• Not share their login credentials with others
• Report any technical errors in their time records to their manager promptly

By using the Time Clock feature, you explicitly consent to the following:

• Single-point collection: Your GPS coordinates are collected once at each clock-in event. Continuous background tracking is not performed.
• Purpose limitation: Location data is used solely to verify your presence at an employer-approved work site.
• Employer access: Your Employer's admin and manager users can view your clock-in location data within the platform.
• Violation logging: If you attempt to clock in from outside an approved zone, the attempt (including coordinates) is logged and visible to your managers.
• Permission control: You may revoke location permission in your browser or device settings at any time, but this will prevent geo-verified clock-ins.

Employers are responsible for providing employees with any required statutory notices about location data collection under applicable local, state, or national law.

• Billing: Subscriptions are billed monthly or annually in advance based on the selected plan.
• Automatic renewal: Subscriptions automatically renew unless cancelled before the renewal date.
• Cancellation: Cancel anytime through your billing settings. Access continues until the end of the paid period.
• Refunds: Fees are non-refundable except as required by applicable consumer protection law.
• Price changes: We will provide 30 days' advance notice of any price changes via email.
• Failed payments: If payment fails, we will retry for 7 days before suspending the account.
• Taxes: Prices are exclusive of applicable taxes, which are added at checkout.

You retain ownership of your data. By using the Service, you grant Shiftly Pro a limited license to store, process, and display your data solely to provide the Service.

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. We will not sell your data to third parties.

Upon account termination, you may request an export of your data. Payroll and time records may be retained for the period required by law even after account closure.

You agree not to:

• Use the Service for any unlawful, deceptive, or fraudulent purpose
• Spoof, falsify, or manipulate GPS/location data
• Attempt to gain unauthorized access to any part of the Service or another user's account
• Reverse engineer, decompile, or attempt to extract the source code
• Transmit malware, viruses, or harmful code
• Use automated bots or scrapers to extract data
• Resell or sublicense access to the Service without written permission
• Circumvent any security or authentication feature

Violation of these terms may result in immediate account suspension without refund.

We target 99.9% monthly uptime but do not guarantee uninterrupted access. We will provide advance notice of planned maintenance where possible.

We are not liable for downtime caused by: third-party infrastructure failures, force majeure events, scheduled maintenance, or your own network or device issues.

Shiftly Pro and all associated software, designs, trademarks, and content are the intellectual property of Shiftly Pro LLC. You may not reproduce, distribute, or create derivative works from the Service without written permission.

Your data remains yours. We claim no ownership over your schedules, time entries, or employee records.

• By you: Cancel your subscription at any time. Access continues until the end of the paid period.
• By us for cause: We may immediately suspend or terminate accounts that violate these Terms, including fraudulent GPS manipulation or non-payment.
• Effect of termination: Upon termination, your right to access the Service ends. Data export is available for 30 days post-termination for Employer accounts.

To the maximum extent permitted by applicable law, Shiftly Pro LLC shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from reliance on Service data for employment decisions

Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.

Some jurisdictions do not allow limitation of certain warranties or liabilities. In those jurisdictions, our liability is limited to the minimum extent permitted by law.

Employers agree to indemnify and hold harmless Shiftly Pro LLC from any claims, damages, or expenses (including legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of applicable employment or privacy laws; or (c) disputes between you and your employees regarding the use of location or time data.

These Terms are governed by the laws of the State of Vermont, United States, without regard to conflict of law provisions. Any disputes shall be resolved in the courts of Burlington, Vermont, or through binding arbitration if both parties agree.

We may update these Terms from time to time. We will notify registered users by email at least 14 days before material changes take effect. Continued use after the effective date constitutes acceptance.

For minor, non-material changes (e.g. clarifications), we may update without advance notice but will update the "Last updated" date at the top.