Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the Shiftly platform, including our website at shiftly.app and any associated mobile or progressive web applications (collectively, the “Service”), operated by Shiftly (“we”, “our”, or “us”).

By registering for an account or otherwise accessing the Service, you confirm that you are at least 16 years old (or at least 13 years old if you are located in the United States) and that you agree to these Terms. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

Registration. You must create an account to use Shiftly. Authentication is provided by Clerk, and you agree to Clerk's terms of service. You are responsible for maintaining the confidentiality of your login credentials.

Business accounts. An Owner creates a business workspace and may invite others. Owners and Managers can invite employees by email. Invited employees must accept the invitation to join the workspace. Each user may belong to multiple businesses.

Account security. You are responsible for all activity that occurs under your account. Notify us immediately at support@info.shiftly.sh if you suspect unauthorised use.

Accurate information. You agree to provide accurate and up-to-date information when creating your account and to keep it current.

Plans. Shiftly offers paid subscription plans (Starter, Growth, and Enterprise) billed in GBP on a monthly basis. Pricing details are available on our pricing page.

Billing. Payments are processed by Stripe. By providing payment details, you authorise us to charge the applicable fees to your payment method on each billing cycle. All prices are shown inclusive of VAT where applicable.

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

Refunds. Except as required by applicable law (see Section 6 for EU and UK consumer rights), we do not offer refunds for partial billing periods. If you believe a charge was made in error, please contact us within 14 days.

Plan limits. Each plan includes a maximum number of employees. If your team exceeds your plan's limit, you will be prompted to upgrade. We reserve the right to restrict functionality until a valid subscription is in place.

Price changes. We may change our pricing with 30 days' notice. Continued use of the Service after the notice period constitutes your agreement to the new pricing.

Right of withdrawal (EU consumers). If you are a consumer located in the European Union, you have the right under the EU Consumer Rights Directive (2011/83/EU) to withdraw from a digital service contract within 14 days of its conclusion without giving any reason.

However, by starting to use the Shiftly service before the 14-day withdrawal period has expired, you expressly request early access to the digital content or service and acknowledge that you lose your right of withdrawal once the service has been fully performed. If the service has not been fully performed, you may exercise your right of withdrawal, in which case we will reimburse a pro-rata portion of any payment made.

To exercise the right of withdrawal, contact us at support@info.shiftly.sh with a clear statement of your decision to withdraw before the 14-day period expires.

UK consumers. UK consumers have equivalent protections under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015. The same early-access acknowledgement applies.

Statutory rights. Nothing in these Terms affects your statutory rights as a consumer that cannot be excluded or limited by law.

Ownership. You retain ownership of all data and content you submit to Shiftly (shift schedules, announcements, employee names, etc.).

Licence to us. By submitting content to the Service, you grant us a limited, non-exclusive licence to store, process, and display that content solely to provide the Service to you.

Responsibility. You are solely responsible for the accuracy and legality of the content you add to Shiftly. If you add employee data, you represent that you have a lawful basis to do so under applicable data protection law (including UK GDPR, EU GDPR, or CCPA/CPRA as applicable) and that you have provided any required notices to those individuals.

Data export. You may request an export of your business data at any time by contacting us. Upon termination, we will provide a reasonable opportunity to export your data before it is deleted.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy or completeness of any content on the Service.

Shiftly is a scheduling tool. It does not provide legal, HR, or employment advice. Decisions about scheduling, employment contracts, and workforce management remain entirely your responsibility.

Where applicable consumer protection law does not permit the exclusion of implied warranties, the above exclusions apply only to the extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIFTLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) £50.

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any liability that cannot be excluded or limited under the Consumer Rights Act 2015 or other applicable mandatory law; or (iv) any other liability that cannot be excluded or limited by law.

If you are a consumer in the EU or UK, mandatory consumer protection laws in your jurisdiction may grant you rights that cannot be overridden by these Terms, and those rights remain fully in force.

By you. You may stop using the Service and delete your account at any time through your account settings.

By us. We may suspend or terminate your access to the Service immediately, with or without notice, if we believe you have violated these Terms, if your account poses a risk to other users or to us, or if required by law. Where required by applicable consumer protection law, we will give you reasonable prior notice.

Effect of termination. Upon termination, your right to access the Service ceases. Provisions of these Terms that by their nature should survive (including intellectual property, disclaimers, and limitation of liability) will remain in force.

These Terms are governed by and construed in accordance with the laws of England and Wales.

Business users. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

EU consumers. If you are a consumer resident in the European Union, you may also bring proceedings in the courts of the EU member state where you are habitually resident, and you benefit from any mandatory provisions of the law of that member state. The European Commission provides an Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr which may be used to resolve disputes.

UK consumers. UK consumers may bring proceedings before the courts of England and Wales or the courts of Scotland or Northern Ireland if that is where they are resident.

Dispute resolution & arbitration. For users located in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service that cannot be resolved informally shall be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA), rather than in court, except that either party may bring claims in small claims court if the claims qualify. You agree to waive any right to a jury trial and to participate in a class action.

To initiate arbitration, send a written notice to support@info.shiftly.sh describing your claim. We will attempt to resolve the dispute informally within 30 days before either party commences arbitration.

Class action waiver. You and Shiftly agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

California users. Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone on (800) 952-5210.

Federal compliance. The Service is provided in compliance with applicable US federal law, including the Computer Fraud and Abuse Act (CFAA) and CAN-SPAM Act for transactional email communications. Our email notifications are transactional in nature and are sent only to facilitate use of the Service.