1.1 Services. 7shifts makes available to its customers and their end users the 7shifts software-as-a-service software Platform, mobile App, and associated employer scheduling, communications and management services, as well as Platform add-ons such as 7Punches(collectively, the “Services”). 7shifts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice, including modifying features or Services packages.
1.2 Users. 7shifts may make certain Services available to our customers and/or their employees and other end users (collectively, “Users”). 7shifts reserves the right to refuse to provide the Services to anyone for any reason at any time.
1.3 Trials. If you register for a free trial of the Services, then, subject to this Agreement, 7shifts grants you a limited, personal, non-transferable, non-sub-licensable, internal license to use the Services for non-production, evaluation purposes during the applicable Trial Period. In addition, you agree to allow 7shifts to contact you using the provided phone number and/or email address for marketing, sales, support, research, or other purposes. For the purposes of this Agreement, “Trial Period” means the time starting from your registration to use a free trial of the Services until the earlier of (a) the end of the free trial period for which you registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (b) the start date of any paid subscription for the Services. You will not be entitled to receive any support from 7shifts for your use of a free, trial subscription for the Services. 7shifts may terminate the Trial Period for any free trial of the Services at any time in its sole discretion and may accept or decline any request for a free trial version of the Services in its sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICES AND ANY CUSTOMIZATIONS YOUR MAKE TO THE FREE TRIAL VERSION OF THE SERVICES WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICES. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICES. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICES IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Services may appear on the applicable registration page. Any such additional terms and conditions are incorporated into this Agreement by reference.
2.3 Account Restrictions. Accounts are for single users only and my not be shared by more than one individual. You are solely 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.
3.1 Fees. If you enroll for a paid subscription to the Platform and/or Services, you will be charged the fees and all other applicable amounts (“Fees”) quoted you on your written or electronic order form (“Order Form”). Unless otherwise stated on your Order Form, the Fees will be billed in advance on either a monthly or annual basis and are non-refundable. There will be no refunds or credits for any partial use of the Platform/Services.
3.2 Payment & Charges. Unless otherwise stated on your Order Form, all Fees must be paid by credit card, which payments will be processed using a third-party payment processor. You shall: (a) keep the billing, credit card and payment information you provide to 7shifts or its suppliers or payment processors, including name, credit card number and expiry date, mailing address, billing address, email address and telephone number, accurate and up to date; otherwise; (b) promptly advise 7shifts if credit card information changes due to loss, theft, cancellation or otherwise; (c) be liable for failure to pay any charges or fees caused by your failure to provide 7shifts with up to date billing information.
3.3 Taxes. 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 Services. 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.
3.5 Price Changes. 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 Services. Prices of all services, including but not limited to monthly subscription plan fees to the Services, 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 Website (www.7shifts.com) or the Services itself. 7shifts shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
3.6 Limits. 7shifts reserves the right to impose reasonable limits on bandwidth and SMS usage, as part of the Services. In the event that you exceed such limits, 7shifts may charge you additional fees and/or suspend your access to the Platform. 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.
4.1 Subscription Term. If you enroll for a paid subscription to the Services, the term of the Subscription will be indicated to you at the time of enrollment and will automatically renew for periods of equal length to the initial term (e.g. monthly, annually etc.).
4.2 Cancellation. 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 firstname.lastname@example.org. If you cancel the Services before the end of your current term, your cancellation will take effect immediately and you will not be charged again. No refunds will be provided for any pre-payment of Services or subscriptions cancelled prior to the end of a term.
5.1 User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website, Platform or App by Users (“User Content”) is the sole responsibility of such Users. This means that you, and not 7shifts, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Services. You are responsible for obtaining all necessary consents to upload User Content, including any third-party content or personal information, to the Services. 7shifts does not control or actively monitor user content and, as such, does not guarantee the accuracy, integrity, suitability or quality of such content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will 7shifts be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Services. If your User Content will include any personal data of individuals located in the European Economic Area, you are responsible for notifying 7shifts and you hereby agree to 7shifts Data Processing Agreement (https://www.7shifts.com/dpa).
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
5.3 Feedback. If you provide 7shifts with any suggestions, comments or other feedback relating to any aspect of the Website, Platform App and/or Services ("Feedback"), 7shifts may use such Feedback in the Website, Platform or in any other 7shifts products or services (collectively, "7Shifts Offerings"). Accordingly, you agree that: (a) 7shifts is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to 7shifts, (c) 7shifts (including all of its successors and assigns and any successors and assigns of any of the 7shifts Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any 7shifts Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from 7shifts or any of the other users of the Website in respect of the Feedback.
5.4. 7shifts’ Rights. 7shifts reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate Users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of our users and the public.
6.1 Restrictions. In using the Website, App, Platform and/or Services you shall not:
You also agree not to access the Website or Platform in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
Except for User Content, the App, this Website, the Services and the information and materials that it contains, are the property of 7shifts and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, 7shifts grants you a non-transferable, non-exclusive, license to (a) use the Services for your use, and (b) download, install and use one copy of the App on each mobile device that you own or control, in each case solely for your own use (the "License"). The App is licensed to you and not sold. Nothing in the Terms gives you a right to use the 7shifts or 7shifts names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website, App or Services shall be subject to the terms of these Terms.
8.1 Links. This Website, Platform or App (including User Content) may contain links to other websites that are not owned or controlled by 7shifts. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by 7shifts of that third party, third party product or service. 7shifts is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that 7shifts endorses or accepts any responsibility for the content or use of such websites, and you hereby release 7shifts from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
8.2 Third-Party Services. If youuse anythird-party service, whether accessed through the Platform or otherwise, including but not limited to any third-party log in, you acknowledge and agree that you willbe bound by and terms and conditions of such third-party service provider. Moreover, 7shifts is not responsible for impact on your use of the Platform or Services caused by your use of any third-party service or integration.
9.1 No Advice. As part of the Services, 7shifts offers notifications to Users related to compliance with labour laws (e.g. calculations of overtime, violating split shift, etc.). However, this tool is for information purposes and does not constitute legal or professional advice. You expressly agree that you are solely liable for compliance with all applicable labour laws and regulations and you hereby indemnify and hold harmless 7shifts from any damages or losses relating to your use of such tools.
9.2 Disclaimer of Warranties. THE WEBSITE, SERVICES, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. 7SHIFTS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. 7SHIFTS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND 7SHIFTS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. 7SHIFTS WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.
10.1 EXCLUSION OF DAMAGES. UNDER NO CIRCUMSTANCES SHALL 7SHIFTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, PLATFORM, APP OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, OR (E) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, PLATFORM, APP OR SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF 7SHIFTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 TOTAL DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 7SHIFTS’S 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) FIFTY U.S. DOLLARS ($50) OR (II) AMOUNTS YOU’VE PAID 7SHIFTS IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10.3 EXCLUSION. 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.
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: (a) your use of and access to the Platform or Services, including any User Content transmitted or received by you or your Users; (b) violation of any term of this Agreement, including without limitation breach of any of the representations and warranties above, by you or your users; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) violation of any applicable law, rule or regulation by you or your users, including applicable labour laws; (e) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (f) your gross negligence or willful misconduct; or (g) any other party’s access and use of the Services (or access and use of any third-party service via the Services) with your unique username, password or other appropriate security code.
12.2 Survival. The following sections shall survive any termination or expiration of this Agreement: 3, 4, 5, 9, 10, 11, 16, 17 and 18.
Each party may include the name and logo of the other party in lists of customers or vendors in accordance with the other party's standard guidelines.
7shifts may alter, suspend, or discontinue this Website, the Platform, App or Services at any time and for any reason or no reason, without notice. The Website, Services and/or 7shifts App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.
Information sent or received over the Internet is generally unsecure and 7shifts cannot and does not make any representation or warranty concerning security of any communication to or from the Website, Platform, App or Services or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. 7shifts will not be liable for any loss or damage arising from your failure to comply with these requirements.
If any dispute arises between the parties relating to the application, interpretation, implementation or validity of this agreement, the parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto, Ontario and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Subject to Section 16, these Terms and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Toronto, Ontario.
18.4 Contact. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the App or Services, please contact us at: email@example.com.
It is the express wish of the parties that these Terms 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.
Last updated: May 9, 2019