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 16 years of age (or the minimum working age in your jurisdiction)
• 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.

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.

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 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

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the State of Delaware. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

15. 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.

16. 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.

17. Severability

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.

18. Contact Us

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

Shiftly Technologies, Inc.
Email: support@shiftlyco.com
Website: www.shiftlyco.com