Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," "Customer," "User") and EpicShifts™ LLC ("EpicShifts," "we," "us," "our"), governing your access to and use of the EpicShifts platform, including our website at epicshifts.com, mobile applications for iOS and Android, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

EpicShifts provides a cloud-based software platform for workforce scheduling and employee management, including but not limited to:

• Shift scheduling and management

• Time tracking and attendance monitoring

• Payroll system integration

• Point-of-sale (POS) system integration

• Employee communication and team chat functionality

• Paid time off (PTO) management

• Analytics and reporting

• AI-driven automated scheduling features

• Compliance assistance tools

The Service is provided on a subscription basis and is accessible via web application and mobile applications.

3. Account Registration and Eligibility

Eligibility

You must be at least 18 years of age and have the legal capacity to enter into contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements.

Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration

• Maintain and promptly update your account information

• Maintain the security of your account credentials

• Accept responsibility for all activities under your account

• Immediately notify us of any unauthorized use

4. Subscription Plans and Pricing

EpicShifts offers subscription-based access to the Service. Pricing is subject to change with at least thirty (30) days' advance notice. Subscriptions are billed on a recurring monthly basis unless otherwise specified. All fees are non-refundable except as expressly stated in these Terms or required by law.

You authorize us to charge your designated payment method for all subscription fees. Failure to pay fees when due may result in suspension or termination of your access to the Service. You are responsible for all applicable taxes except those based on our net income.

5. Free Trials and Promotions

We may offer free trials or promotional pricing from time to time. Free trial accounts may have limited features or functionality. We reserve the right to determine eligibility for free trials and to terminate a free trial at any time. When a free trial ends, your account will automatically convert to a paid subscription unless you cancel before the trial period expires.

6. Use of the Service

License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

Acceptable Use

You agree not to:

• Use the Service for any illegal purpose

• Violate the rights of others

• Transmit harmful, threatening, abusive, or obscene content

• Impersonate any person or entity

• Interfere with or disrupt the Service

• Attempt to gain unauthorized access

• Use automated means to access the Service without permission

• Reverse engineer or decompile the Service

• Use a Free plan account primarily as a messaging tool without using the Service for employee scheduling (we may suspend messaging features for such accounts — see Termination by Us)

You are solely responsible for ensuring that your use of the Service complies with all applicable federal, state, and local laws and regulations, including labor laws, employment regulations, wage and hour requirements, and data protection laws.

7. Compliance Features and Disclaimers

The Service includes automated compliance features designed to assist with scheduling requirements, including overtime prevention, age restrictions, shift requirements, and regulatory compliance alerts.

While our compliance features are designed to help identify potential issues, we do not guarantee that use of the Service will result in compliance with any specific law or regulation. You acknowledge that EpicShifts is not responsible for your compliance with any laws.

8. AI-Driven Features

The Service includes AI-driven automated scheduling features that may generate schedule recommendations based on various factors including historical data, employee preferences, business needs, and compliance requirements.

All AI-generated schedules and recommendations are suggestions only and require human review and approval before implementation. You are responsible for reviewing all AI-generated content for accuracy, appropriateness, and compliance with applicable laws before use. EpicShifts is not liable for any decisions made based on AI-generated recommendations.

9. Third-Party Integrations

The Service may integrate with third-party payroll systems, POS systems, and other business applications. These integrations are provided for your convenience but are subject to the availability and functionality of such third-party services. Your use of third-party services is governed by the terms and conditions of those services.

When you enable integrations, data may be shared between the Service and third-party platforms. You are responsible for ensuring that you have appropriate rights and permissions to share such data and that such sharing complies with applicable laws.

10. Data and Privacy

In the course of providing the Service, we collect and process various types of data, including account information, employee information, usage data, and communications. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for obtaining all necessary consents from employees and other individuals whose data you process through the Service and ensuring that your use of the Service complies with applicable data protection laws, including GDPR, CCPA, and other privacy regulations.

We implement commercially reasonable security measures to protect data transmitted through and stored in the Service. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

11. Customer Data and Ownership

"Customer Data" means any data, content, or materials that you or your authorized users submit, upload, or otherwise make available through the Service, including employee information, schedules, time records, and communications.

You retain all rights, title, and interest in and to your Customer Data. You grant us a limited license to use, process, store, and transmit Customer Data solely for the purpose of providing the Service to you.

EpicShifts retains all rights, title, and interest in and to the Service, including all software, algorithms, designs, trademarks, and other intellectual property. These Terms do not grant you any rights to our intellectual property except as expressly stated.

12. Data Retention and Deletion

While your account is active, we will retain your Customer Data to provide the Service. Upon cancellation or termination of your subscription, you will have thirty (30) days to export your Customer Data. After thirty (30) days, we may delete your Customer Data in accordance with our data retention policies.

You may export your Customer Data at any time through the Service interface or by contacting our support team at [email protected].

13. Communications

The Service includes communication features that allow employees and managers to exchange messages. You are responsible for monitoring and moderating communications in your organization and ensuring compliance with applicable laws, including workplace harassment and discrimination laws.

By using the Service, you consent to receive electronic communications from us, including service announcements, administrative messages, and marketing communications. You may opt out of marketing communications but cannot opt out of service-related communications.

14. Suspension and Termination

Termination by You

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will be effective at the end of your current billing period, and you will not be entitled to a refund for any unused portion of your subscription.

Termination by Us

We may suspend or terminate your access to the Service immediately, without notice, if you breach these Terms, your account is inactive for an extended period, we suspect fraudulent or illegal activity, you fail to pay fees when due, or as required by law. If a Free plan account shows sustained use of messaging features with no employee scheduling activity, we may suspend messaging features rather than the whole account, and will notify you first where practicable.

Upon termination, your right to access and use the Service will immediately cease. You will remain responsible for any outstanding fees. Provisions of these Terms that by their nature should survive will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Warranties and Disclaimers

We strive to provide reliable Service with minimal downtime, but we do not guarantee uninterrupted or error-free access. We may modify, suspend, or discontinue any aspect of the Service at any time.

16. Limitation of Liability

You acknowledge that these limitations of liability are essential elements of the agreement between you and EpicShifts and that EpicShifts would not provide the Service without these limitations.

17. Indemnification

You agree to indemnify, defend, and hold harmless EpicShifts from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service

• Your violation of these Terms

• Your violation of any applicable laws or regulations

• Any claims related to scheduling decisions, overtime calculations, or compliance violations arising from your use of the Service

• Customer Data or any content you submit through the Service

• Any actions taken based on AI-generated recommendations

18. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of law provisions.

Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

Arbitration Agreement

Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

CLASS ACTION WAIVER: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND EPICSHIFTS INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice through the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes.

If you do not agree to the modified Terms, you must discontinue use of the Service.

20. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and EpicShifts regarding the Service.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

Electronic Signatures

You consent to the use of electronic signatures, and you agree that your electronic acceptance of these Terms has the same legal effect as if you had physically signed these Terms.

21. Contact Information

If you have any questions about these Terms or the Service, please contact us:

Email: [email protected]
Legal: [email protected]
Website: epicshifts.com