Terms of Service
Effective date: November 5, 2024
Thanks for using Shiftkeeper! These Terms of Service ("Terms") are a legally binding agreement between you ("you", "your", "Customer") and Saadi Myftija ("Saadi Myftija", "Provider", "we", "us", "our"), who operates Shiftkeeper as a Sole Proprietor Business.
These Terms govern your access and use of the shiftkeeper.io website, the Shiftkeeper web application, the Shiftkeeper Slack application, the Shiftkeeper API and related services that refer or link to these Terms (collectively, the "Service"). Please read them carefully.
Our Privacy Policy (https://shiftkeeper.io/privacy) also governs your use of our Service and describes how we collect, use, share and secure information that results from your use of our Service.
By using the Service, you confirm that you have read, understood and agreed to these Terms and our Privacy Policy. If you do not agree with, or cannot comply with these Terms or our Privacy Policy, then you may not use the Service. If that is the case, please let us know by via email at [email protected] so that we try to find a solution.
These Terms apply to all visitors, users and others who access or use our Service.
1. Service and Account
1.1. Registration
To use Shiftkeeper, you must have a valid account on Slack or other supported
third-party provider ("Communications Platform"). When
registering for Shiftkeeper, you will be required to link a
Communications Platform workspace to our Service. By doing this, you
consent to us to accessing your Communications Platform workspace
according to the permissions requested and the applicable terms of
service for that third-party provider.
You acknowledge and agree that: (i) you have the right to grant us these
permissions without cost or liability to us, (ii) you are responsible
for maintaining your Communications Platform workspace and complying
with its respective terms of service, (iii) any costs associated with
your Communications Platform workspace are your sole responsibility,
(iv) to provide the Service, we will access your Communications Platform
account, (v) wherever possible, we will store references to the data
within the Communications Platform instead of our Service, (vi) in cases
where storing the data is necessary for the functionality of our
Service, it will be stored securely to prevent unauthorized access.
1.2. Customer's Subscription Subject to these Terms, Customer may purchase a subscription to, and has the right to access and use, the Service as specified in one or more ordering screens agreed to by the parties through our website that reference these Terms and describe the business terms related to Customer's subscription (“Order(s)”). All subscriptions will be for the period described on the applicable Order (“Subscription Period”).
1.3. Access You are responsible for maintaining the privacy and security of your account and password and for ensuring that any of your users do the same. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
1.4. Authorized Users Customer is solely responsible for ensuring: (i) that only appropriate Authorized Users have access to the Service, (ii) that such Authorized Users have been trained in proper use of the Service, and (iii) confidentiality and proper usage of passwords and access procedures with respect to logging into the Service. Customer shall be responsible for the acts and omissions of its Authorized Users.
1.5. Changes to Service Customer acknowledges that the Service is an on-line, subscription-based product, and that to provide improved customer experience we may make changes to the Service provided, however we will not materially decrease the core functionality of the Service. We reserve the right to modify or discontinue any part of the Service at any time, in our sole discretion without notice.
1.6. Service Availability We take uptime in our applications seriously and we are committed to ensuring that the Service is available to you reliably. However, We do not offer service-level agreements for our service and we will not be liable if for any reason if all or any part of Service is unavailable at any time or for any period.
1.7. API We offer an Application
Programming Interface ("API") for Shiftkeeper. Any use
of the API, including through a third-party product that accesses the
Service, is bound by these Terms plus the following specific terms:
Some third-party providers may create integrations between our Service and theirs. We are not liable or accountable for any of these third-party integrations, and users utilize third-party integrations at their own risk. We reserve the right to modify or discontinue the API at any time. We may revoke API access for any violation of these terms. Your use of our API indicates acceptance of these API Terms in addition to our general Terms of Service.
1.8. Content You are responsible for all content posted to and activity that occurs under your account, including that occurs under your account, including content posted by and activity of any users in your account.
1.9. Use Restrictions Except as expressly permitted in these Terms, Customer shall not directly or indirectly: (i) remove any notice of proprietary rights from the Service; (ii) decompile, reverse engineer, or attempt to derive the source code or underlying ideas or algorithms of any part of the Service (except to the limited extent applicable laws specifically prohibit such restriction); (iii) copy, modify, translate or otherwise create derivative works of any part of the Service; (iv) sell, resell, encumber, rent, lease, time-share, distribute, transfer or otherwise use or exploit or make available any of the Service to or for the benefit of any third party; (v) use the Service to violate any laws or infringe on the intellectual property rights, publicity rights, or privacy rights of any third party, or to store defamatory, trade libelous, or otherwise unlawful data; (vi) send, store or process in the Service any personal health data, credit card data, personal financial data or other such sensitive or personal data; (vii) use or allow the transmission, transfer, export, re-export or other transfer of any technology, material or information it obtains or learns pursuant to these Terms (or any direct product thereof) in violation of any export control or other laws and regulations of any relevant jurisdiction, (viii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, or modify another website so as to falsely imply that it is associated with the Service; or (ix) permit any third party to engage in any of the foregoing proscribed acts (with subclauses (i) through (ix) hereof, collectively, referred to as the "Use Restrictions").
2. Communications
You acknowledge and agree that we may send you emails related to your account and/or the Service. From time to time we may send you a message or email newsletter regarding news and/or changes to these Terms, Website or Services. We do this to keep you updated and informed. However, if you do not wish to receive such communication you will have the opportunity to unsubscribe.
3. Payment Obligations
3.1. Fees Customer will pay for access to
and use of the Service as set forth on the applicable Order ("Fees"). All Fees are published on our website. All Fees will be paid in the
currency stated in the applicable Order or, if no currency is specified,
U.S. dollars. Payment obligations are non-cancelable and non-refundable.
We may modify our Fees or introduce new fees in our sole discretion.
Customer always has the right to choose not to renew its subscription if
it does not agree with any new or revised Fees.
Except where explicitly indicated otherwise, all Fees are exclusive of all
taxes, levies, or duties that may be imposed by the taxing authorities, and
you shall be responsible for payment of all such taxes, levies, or duties.
3.2. Payment We will charge the Customer through our third-party payment processor ("Payment Processor") for the Fees via credit card or PayPal, according to the credit card or PayPal account information provided by Customer to us. We have the right to charge Customer's credit card or PayPal account for any services provided to the Customer under the Order, including recurring Fees. It is Customer's sole responsibility to provide us with current and up to date credit card or PayPal account information; failure to provide such information may result in suspension of Customer's access to the Services. We will also have the right to set-off any Fees due from the Customer. Payment processing related to the Fees will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if we have already requested or received payment. If authorized by the Customer through acceptance of an Order, recurring charges (e.g., monthly or annual billing) will be charged to Customer's payment method without further authorization from Customer, until Customer terminates its subscription in accordance with the Terms or changes its payment method in Customer's account in the Service.
3.3. Failure to Pay If Customer fails to
pay any Fees when due, the Provider may suspend Customer's access to the
Service pending payment of such overdue amounts. The Customer also
authorizes the Provider to make multiple re-attempts at charging the
Customer's payment method if an initial charge attempt is unsuccessful,
without any specific limit on the number of retries.
In the event the Customer believes they have been billed incorrectly, the
Customer must contact the Provider no later than sixty (60) days after the
closing date on the first billing statement in which the error or problem
appeared, in order to request an adjustment or credit. The Provider will
review any disputed invoices and provide the Customer with a written decision
regarding the dispute, including documentary support for such decision.
If the Provider reasonably determines that the amounts billed are, in fact,
due, the Customer will be required to pay such amounts (if it has not done
so already) within ten (10) days of the Provider notifying the Customer in
writing of this decision.
3.4. Free trial The Service allows you to
take advantage of a 14-day free trial ("Free Trial")
offer without restrictions, which begins on the day of installation. We
do not ask you for your credit card or billing information to sign up
for the Free Trial. We do not send an invoice for using the Free Trial.
The Free Trial is only available for newly registered accounts. After
the trial period, you will need to upgrade to a paid plan to keep using
the Service, otherwise your account will be frozen until you upgrade to
a paid plan and complete the payment.
You may upgrade your plan any time, including during the free trial period.
An upgrade from the free trial to any paid plan will end your free trial
immediately and your new plan will be immediately active.
We reserve the right, at any time and without notice, to: (i) modify Terms
of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
4. Cancellation, Termination and Refunds
Subscriptions to access and use the Service commence on the start date stated on the applicable Order and continue for the duration of the Subscription Period. You will be billed in advance on a recurring basis (“Billing Cycle”), either monthly or annually as stated on the applicable Order. At the end of each Billing Cycle, your subscription will automatically renew under the same conditions of the applicable Order unless you cancel it or we cancel it.
You may cancel your account at any time by clicking on the "Billing & Plans" tab in your Account Settings. We provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact us at [email protected]. If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately, and you will not be charged again. Please note that in such case you have no right to refund and you will remain liable for all charges accrued up to that time.
The paid subscription Fees for the Service are non-refundable.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.
We may terminate your account in the event that it is inactive for at least six (6) months, without any notice and stated reasons. If you know that your account will be inactive for a prolonged period of time and do not wish for us to terminate it, let us know in advance via email at [email protected].
5. Feedback
You may provide us information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) we may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) we are not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
If you would like to share any feedback, please contact us via email: [email protected].
6. Intellectual Property
We claim no intellectual property rights over the data and Customer Content you provide to the Service.
You acknowledge and agree that we own all rights, titles, and interests in and to the Service, including without limitation all intellectual property rights. You agree that you will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.
7. Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF WARRANTIES. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, WE WILL NOT BE LIABLE WITH RESPECT TO ANY CAUSE RELATED TO OR ARISING OUT OF THESE TERMS, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED) FOR (A) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (B) ANY DAMAGES BASED ON USE OR ACCESS, INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR (C) ANY DAMAGES THAT IN THE AGGREGATE EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE THAT IS OR THE PROFESSIONAL SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. Indemnification
You agree to hold harmless and indemnify us from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages, actual and consequential, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.
10. General Provisions
10.1. Entire Agreement These Terms constitute the entire agreement, and supersede all prior negotiations or agreements (oral or written), between the parties regarding the subject matter hereof. When used in these Terms, the term "including" or "includes" means "including but not limited to".
10.2. Publicity Customer hereby consents to inclusion of its name and logo in client lists and marketing materials that may be published as part of Shiftkeeper's marketing and promotional efforts.
10.3. Notices Notices under these Terms will be provided as follows: (i) all notices regarding the Service will be sent by email, although we may instead choose to provide notice to Customer through the Service or through the Customer's linked Communications Platform workspace, (ii) notices from the Customer to us must be sent to [email protected], and (iii) all notices to Customer will be sent to the email(s) provided through the Service or through the Customer's linked Communications Platform workspace. Notices will be deemed to have been duly given (i) the business day after it is sent, in the case of notices through email; and (i) the same day, in the case of notices through the Service or the Communications Platform.
10.4. Force Majeure We will not be liable by reason of any failure or delay in the performance of its obligations on account of events beyond our reasonable that make it impossible or commercially impracticable for such party to perform its obligations hereunder, which may include failure by a third-party hosting provider or utility provider, strikes (provided that such strike does not involve the employees of the party failing to perform), shortages, riots, fires, acts of God, war, terrorism, and governmental action.
10.5. Assignment Neither party may assign or transfer any rights or obligations under these Terms without the prior written consent of the other party, except that either party may assign these Terms without consent to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets.
10.6. Amendments To Terms We may amend these Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of our Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. Whenever we make a significant change to our policies will take appropriate steps to notify the Customer. If you do not agree to our updated Terms, you can delete your account at any time.
10.7. Severability If any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
10.8. Governing Law These Terms of Service are governed by and construed in accordance with the laws of Germany. You irrevocably submit to the exclusive jurisdiction of the courts in that location. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
11. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
12. Contact
If you have any questions about our Terms of Service, please contact us via email: [email protected]