Terms of Service

1. The agreement

ShiftNivo provides staff scheduling software for restaurants and bars: the web application at app.shiftnivo.com, the ShiftNivo iPhone app and this website (together, the Service). By opening a workspace or using the Service you accept these terms and the Privacy Policy. The person who opens a workspace confirms they may accept these terms for their business.

Staff who are invited by their employer use the Service under their employer's workspace. Their employer is our customer.

2. Early access and fees

The Service is in early access. Using it is free until billing begins. When it begins, the price is US$34.99 per location per month, unless the pricing page at shiftnivo.com says otherwise at that time. Staff never pay.

We will tell the workspace owner by email at least 30 days before anything is charged, and nothing is charged without the owner choosing a plan. Features may change during early access; we will not remove a feature you rely on without telling you first.

3. Your data

Everything your business puts into the Service is yours: your team, your schedules, pay rates, training records and documents. You give us permission to store and process it only to run the Service for you, as described in the Data Processing Addendum, which forms part of these terms.

You are responsible for having the right to enter information about your staff and for telling them how it is used, including their birth dates where youth labor rules apply. You can export or delete your data, or ask us to, at any time.

4. Labor rules are information, not legal advice

The Service checks schedules against the overtime, rest, meal break, minimum wage, youth and holiday rules we have recorded for each state and province, and shows where each figure comes from. Those checks help you; they do not replace the law or a lawyer. Rules change, some are not modeled (each rules page says which), and your own agreements may differ.

You remain responsible for complying with the employment laws that apply to your business and for what you publish to your team.

5. Acceptable use

• Use the Service only for lawful scheduling and workplace purposes.
• Keep sign-in details private; each person signs in as themselves.
• Do not try to reach another workspace's data, test our security without written permission, or overload the Service.
• Do not copy, resell or reverse engineer the Service, or scrape it.
• Do not use announcements to send anything unlawful, abusive or unrelated to work.

6. Availability

We work to keep the Service available and back the database up every night, but during early access we do not promise a level of uptime. We may change or pause parts of the Service for maintenance or security, and will say so when we can.

7. Ending

You may stop using the Service at any time and ask us to close your workspace. We may suspend or close a workspace that breaks these terms or puts others at risk, and will tell you why unless the law does not allow it. After a workspace is closed we keep its data for 30 days so it can be exported on request, then delete it; encrypted backups expire within a further 30 days.

8. Warranty and liability

The Service is provided as it is, without warranties beyond those the law requires. To the extent the law allows, neither party is liable for indirect or consequential losses, such as lost profits, and our total liability for any claim is limited to the greater of the fees you paid us in the 12 months before the claim and US$100. Nothing here limits liability that cannot be limited by law, or the rights a consumer protection law gives you.

9. Changes to these terms

If we change these terms in a way that matters, we will email the workspace owner at least 30 days before the change takes effect. Continuing to use the Service after that date means accepting the new terms; if you do not accept them, you may close your workspace.

10. Law and contact

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, and disputes go to the courts of Ontario, unless the law where you are says otherwise.

Questions about these terms: hello@shiftnivo.com.