Terms and Conditions

By downloading, installing, accessing, or using the WorkShift mobile application, web platform, or any associated services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and WorkShift LLC ("WorkShift," "we," "us," or "our"), a limited liability company registered in Puerto Rico.

WorkShift provides a workforce scheduling, time-tracking, and team management platform designed for restaurants and hospitality businesses. Features include employee scheduling, clock-in/clock-out tracking, shift swap management, time-off requests, task management, team chat, push notifications, and attendance reporting.

You must be at least 18 years of age to use this Service. By using WorkShift, you represent and warrant that you are at least 18 years old and have the legal authority to enter into these Terms. If you are using WorkShift on behalf of a business, you represent that you have the authority to bind that business to these Terms.

To access WorkShift, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use at support@workshiftapps.com.

WorkShift reserves the right to suspend or terminate accounts that contain false information or that violate these Terms.

WorkShift operates on a subscription basis. By selecting a subscription plan, you agree to pay the applicable fees as described at the time of purchase.Subscriptions are billed monthly or annually in advance. All fees are in US Dollars.Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.All payments are non-refundable except where required by applicable law. We do not provide refunds or credits for partial subscription periods.WorkShift reserves the right to modify subscription prices at any time with at least 30 days notice. Continued use after the price change constitutes acceptance of the new pricing.If a payment fails, WorkShift reserves the right to suspend or terminate access until payment is resolved.

WorkShift may offer a free trial period. At the end of the trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends. WorkShift reserves the right to modify or discontinue the free trial offer at any time without notice.

You agree not to use WorkShift to:

• Violate any applicable local, state, federal, or international law or regulation
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or discriminatory
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or its related systems
• Use the Service to collect or harvest any personally identifiable information
• Transmit any viruses, malware, or other malicious code
• Use the Service for any purpose that competes with WorkShift without prior written consent
• Reverse engineer, decompile, or attempt to derive the source code of the Service
• Resell, sublicense, or transfer access to the Service to any third party without prior written consent

WorkShift uses location data to verify employee attendance through geofence technology, provide estimated arrival times, enable safety monitoring features, and suggest clock-in upon arrival at the workplace. By enabling location services, you consent to the collection and use of your location data as described in our Privacy Policy.Business administrators are solely responsible for obtaining all necessary consents from their employees before enabling location-based features. WorkShift is not responsible for any failure to obtain such consents.WorkShift does not guarantee the accuracy of location data. GPS accuracy may vary based on device, environment, and network conditions.

Business administrators are solely responsible for compliance with all applicable labor laws, employment laws, wage and hour laws, and privacy laws in their jurisdiction. This includes proper disclosure to employees of monitoring practices, accurate payroll calculations, and compliance with Puerto Rico labor laws and US federal employment regulations.WorkShift provides tools to assist with scheduling and time tracking but does not guarantee the accuracy of attendance records. Administrators are responsible for reviewing and verifying all data before using it for payroll or employment decisions.Administrators are responsible for ensuring that employee data entered into WorkShift is accurate and that employees have been informed about how their data is used.

WorkShift and all its original content, features, functionality, source code, design, logos, trademarks, and service marks are and will remain the exclusive property of WorkShift LLC, protected by copyright, trademark, and other laws of the United States and Puerto Rico.WorkShift grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business operations in accordance with these Terms.You may not copy, modify, distribute, sell, or lease any part of the Service or its content, or attempt to extract its source code.If you provide WorkShift with any feedback, suggestions, or ideas, you grant WorkShift a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without compensation to you.

You agree to keep confidential any non-public information about WorkShift's technology, business operations, pricing, or future plans that you may learn through your use of the Service.

WorkShift may integrate with or rely on third-party services including Apple Push Notification Service, Expo, Railway, Supabase, and payment processors. Your use of such third-party services is subject to their respective terms and conditions. WorkShift is not responsible for the availability, accuracy, or practices of any third-party service.

You agree to indemnify, defend, and hold harmless WorkShift LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, your violation of any applicable law, or your violation of any rights of a third party.

You may cancel your subscription and terminate your account at any time through account settings or by contacting support@workshiftapps.com.WorkShift reserves the right to suspend or terminate your access at any time, with or without cause, without liability to you. Reasons may include violation of these Terms, non-payment, or conduct harmful to other users or the Service.Upon termination, your right to use the Service will immediately cease. WorkShift may delete your account data after 30 days. You remain responsible for all fees incurred prior to termination.

These Terms shall be governed by the laws of the Commonwealth of Puerto Rico and the United States of America, without regard to conflict of law principles.

Any dispute shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in San Juan, Puerto Rico, in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

WorkShift reserves the right to modify these Terms at any time. We will notify users of material changes via email or through the Service at least 15 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the changes.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WorkShift LLC regarding the Service and supersede all prior agreements, understandings, and communications between you and WorkShift regarding the Service.

WorkShift LLC · Puerto Rico, United States
Email: support@workshiftapps.com
Website: workshiftapps.com