Terms of Service

By using the 7shifts.com, or 7punches (the “Service”) or the related services of 7shifts Employee Scheduling Software Inc. (“7shifts”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

7shifts reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.7shifts.com/terms-of-service

Violation of any of the terms below will result in the termination of your Account. While 7shifts prohibits such conduct and Content on the Service, you understand and agree that 7shifts cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  • You must be 18 years or older to use this Service.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Any personal information collected by 7shifts will be in accordance with our Privacy Policy located at: http://7shifts.com/privacy-policy
  • Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
  • You are responsible for maintaining the security of your account and password. 7shifts cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all data, photographs, files and other content (“Content”) posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  • One person or legal entity may not maintain more than one free account.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

  • A valid credit card is required for paying accounts.
  • The Service is billed in advance on either a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  • For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  • Downgrading your Service may cause the loss of Content, features, or capacity of your Account. 7shifts does not accept any liability for such loss.
  • 7shifts may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion, including, but not limited to, changing the monthly subscription plan fees for the Service. 7shifts shall provide 30 days’ notice before any change to our pricing or payment terms by providing you notification of your current payment terms. Such notice may be provided at any time by posting the changes to the 7shifts website or the Service itself.

The fees payable to 7shifts do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You understand and acknowledge that you are responsible for paying all Taxes associated with the purchase of the Service.

If 7shifts has the legal obligation to pay or collect Taxes for which you are responsible, 7shifts will invoice you and you will pay that amount unless you provide 7shifts with a valid tax exemption certificate authorized by the appropriate taxing authority.

Cancellation and Termination

  • You are solely responsible for properly cancelling your account. You can cancel your account at any time by calling our toll-free number listed at the top of our website and speaking to a representative or by emailing support@7shifts.com.
  • Upon cancellation or termination Personal Data may stay on 7shifts systems for up to one year, in accordance with our Privacy Policy.
  • If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  • 7shifts, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other 7shifts service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
  • Cancellation requests after an annual payment is made cannot be refunded.
  • 7shifts reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  • 7shifts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the 7shifts Site (www.7shifts.com) or the Service itself.
  • 7shifts shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile, schedule, and any Content uploaded remain yours.

The look and feel of the Service is copyright 7shifts Systems. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from 7shifts.

Trademark Information

7shifts.com, the 7shifts.com logo, 7punches, trademarks and services marks, and other 7shifts.com Logos and product and service names are trademarks of 7shifts. Without 7shifts’s prior permission, you agree not to display or use in any manner, the 7shifts marks.

Accuracy of Data

You are responsible for the accuracy of all numbers, employee information and payroll data associated with your client account. 7shifts is not responsible for any liability for damages arising out of, or in connection with, your use of this website.

Account Structure Abuse

If 7shifts finds that you are structuring your account in a way to avoid paying additional fees, 7shifts reserves the right to suspend your account with 2 weeks’ notice.

DISCLAIMER OF WARRANTIES AND CONDITIONS

THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. 7SHIFTS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE WEBSITE AND THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DWELLAUCTION OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.

Indemnity

You agree to defend, indemnify and hold harmless 7shifts and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence or willful misconduct; or (vii) any other party’s access and use of the Service (or access and use of any third-party service via the Service) with your unique username, password or other appropriate security code.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL 7SHIFTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE 7SHIFTS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICE, (III) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR SERVICE, (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE 7SHIFTS WEBSITE, OR (IV) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 7SHIFTS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) FIVE HUNDRED CANADIAN DOLLARS ($500) OR (II) ALL 7SHIFTS’ FEES YOU’VE PAID IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

General Conditions

  • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  • Technical support is only provided to paying account holders and Free Trial accounts, and is available via email or phone.
  • You understand that 7shifts uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, 7shifts, or any other 7shifts service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by 7shifts.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any 7shifts customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your Content, may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not upload, post, host, or transmit unsolicited email, SMS messages, or “spam” messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by 7shifts) of other 7shifts customers, we reserve the right to immediately disable your account or throttle your account until you can reduce your bandwidth consumption.
  • 7shifts does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  • You expressly understand and agree that 7shifts shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 7shifts has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  • The failure of 7shifts to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and 7shifts and govern your use of the Service, superseding any prior agreements between you and 7shifts (including, but not limited to, any prior versions of the Terms of Service).
  • This Agreement shall be governed by the laws in effect in the Province of Saskatchewan, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement and the courts of the Province of Saskatchewan located in Regina shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms
  • You expressly understand and agree that if you are using the Service as the employer, you are the data controller for any data in your 7shifts account and as such, you ensure that data processing is taking place in a legal manner that abides by GDPR regulations. More information can be found in our Data Processing Addendum (DPA), which must be signed by employers operating within the European Union (EU), as well as our Privacy Policy.
  • It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

 

Questions about the Terms of Service should be sent to support at 7shifts.com.

Last updated: May 17, 2018