These 7shifts Terms of Service (these “Terms of Service”) apply to businesses’ access to and use of the 7shifts SaaS Services. These Terms of Service, together with the 7shifts API Terms of Service (located at https://www.7shifts.com/api-terms), and the order or online registration and subscription selection form referencing these Terms of Service (the “Order Form”) (collectively, the “Agreement”), form a binding legal agreement between the corporate entity you represent in agreeing to the Agreement (“Customer”) and (i) 7shifts Inc. if Customer is located in Canada; or (ii) 7shifts (US) Corp if Customer is located in the United States (together, “7shifts”, “us”, “we” or “our”). Any terms not defined in these Terms of Service have the definition assigned to them in the Order Form.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” “SIGN UP FOR FREE,” (OR OTHER SIMILAR LANGUAGE) OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE 7SHIFTS SAAS SERVICES, CUSTOMER AGREES THAT CUSTOMER HAS READ AND UNDERSTOOD, AND, AS A CONDITION TO CUSTOMER’S USE OF AND ACCESS TO THE 7SHIFTS SAAS SERVICES, IS BOUND BY, THE AGREEMENT, INCLUDING 7SHIFTS’ PRIVACY POLICY https://www.7shifts.com/privacy-policy/ AS AMENDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 16(p). If Customer is not eligible, or does not agree to the Terms, then Customer does not have our permission to access or use the 7shifts SaaS Services. CUSTOMER’S USE OF THE 7SHIFTS SAAS SERVICES, AND 7SHIFTS’ PROVISION OF THE 7 SHIFTS SAAS SERVICES TO CUSTOMER, CONSTITUTES AN AGREEMENT BY 7SHIFTS AND BY CUSTOMER TO BE BOUND BY THE AGREEMENT.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, Customer agrees that disputes arising under the Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THE AGREEMENT, CUSTOMER AND 7SHIFTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Capitalized terms used but not defined in these Terms of Service have the meanings set forth elsewhere in the Agreement.
“7shifts SaaS Services” means the services through which 7shifts hosts and makes available the 7shifts solution for employee scheduling, communications, and management to the extent set forth on the applicable Order Form. The term “7shifts SaaS Services” includes, to the extent set forth on the applicable Order Form, the 7shifts Software and Support Services.
“7shifts Software” means 7shifts’ mobile application products made available under the names 7shifts, 7punches, and 7tasks, and any updates provided as part of the 7shifts SaaS Services.
“Customer Data” means any data, information, content, records, and files that Customer or any of its Organizational Users load, transmit to or enter into the 7shifts SaaS Services, including Personal Data. “Customer Data” includes any data, information, content, records, or files that 7shifts is provided access to through an integration with a third party authorized by Organizational Users.
“Employment Information” means Customer Data that is employment related data, information, content, records and files including employee roles, employment status, employment duration, POS proficiency, time & attendance, any data used to compute employee engagement scores, and other information specified by 7shifts in the 7shifts SaaS Services from time to time that is loaded, entered into, transmitted to, or made available to the 7shifts SaaS Services.
“Modifications” means modifications, improvements, customizations, patches, bug fixes, updates, enhancements, aggregations, compilations, derivative works, translations, and adaptations, and “Modify” has a corresponding meaning.
“Organizational Users” mean Customer personnel that Customer wishes to have access to and use of the 7shifts SaaS Services.
“Parties” refer to 7shifts and Customer and “Party” refers to each of 7shifts and Customer.
“Personal Data” means information about an identifiable individual.
“Website” means any websites used by 7shifts to provide the 7shifts SaaS Services, including the websites located at www.7shifts.com and app.7shifts.com.
General. The Agreement sets forth the terms and conditions under which 7shifts makes available the 7shifts SaaS Services. These Terms of Service do not, absent the execution of an Order Form, create any business relationship or impose any obligation on 7shifts to provide any license, access, product, or service.
Provisioning of the 7shifts SaaS Services. Subject to Customer’s compliance with the terms and conditions of the Agreement, 7shifts will make the 7shifts SaaS Services available to Customer on the terms and conditions set out in the Agreement during the Term (defined below). Customer is responsible for identifying and authenticating all Organizational Users, for ensuring only Organizational Users access and use the 7shifts SaaS Services, and for Organizational Users’ compliance with the Agreement.
License to the 7shifts Software. Subject to Customer’s and its Organizational Users’ compliance with the terms and conditions of the Agreement, 7shifts grants to Customer a non-exclusive, non-transferable, and limited license to install, operate and use the 7shifts Software in accordance with the Agreement during the Term. Customer’s use of the 7shifts Software will be subject to any limitations described in the Agreement, in the documentation accompanying the 7shifts Software, or as otherwise agreed in writing by the Parties.
Limits. 7shifts reserves the right to impose reasonable limits on bandwidth and SMS usage as part of the 7shifts SaaS Services. 7shifts will determine these limits based on usage volumes for normal use of the 7shifts SaaS Services for their intended purposes. If Customer exceeds such limits, 7shifts may charge Customer reasonable additional fees, suspend access to the 7shifts SaaS Services, and throttle Customer’s and Organizational Users’ account until bandwidth consumption is reduced to the reasonable limits.
Restrictions of Use. Customer is responsible for the compliance by all Organizational Users with the Agreement, any guidelines and policies published by 7shifts from time to time, and the activities of all Organizational Users on the 7shifts SaaS Services. Without limiting the generality of any of the foregoing, Customer will not itself, and will not permit others to:
reproduce, publicly display, publicly perform, create derivative works of, make modifications to, sublicense, sell, rent, lend, lease, or distribute the 7shifts SaaS Services or any intellectual property rights therein or otherwise make the 7shifts SaaS Services available to others;
use the 7shifts SaaS Services to permit timesharing, service bureau use or commercially exploit the 7shifts SaaS Services;
use or access the 7shifts SaaS Services (A) in violation of any applicable law or intellectual property right, (B) in a manner that threatens the security or functionality of the 7shifts SaaS Services, or for any purpose or (C) in any manner not expressly permitted in the Agreement;
use the 7shifts SaaS Services to create, collect, transmit, store, use or process any Customer Data that:
contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
Customer does not have the lawful right to create, collect, transmit, store, use, or process;
violates any applicable laws, or infringes, violates, or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right, or right of publicity);
is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive to another’s privacy, hateful, racially, or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, or is otherwise objectionable;
contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam”, “chain letters,” “pyramid schemes,” or any other form of solicitation;
contains any falsehoods, misrepresentations, creates an impression that Customer knows is incorrect, or any material that could damage or harm minors in any way;
modify the 7shifts SaaS Services;
reverse engineer, de-compile, or disassemble the 7shifts SaaS Services;
remove or obscure any proprietary notices or labels on the 7shifts SaaS Services, including brand, copyright, trademark, and patent or patent pending notices;
access or use any 7shifts SaaS Services for the purpose of building a similar or competitive product or service;
perform any vulnerability, penetration, or similar testing of the 7shifts SaaS Services; or
collect or store Personal Data about any individual not subject to the Agreement or 7shifts Terms of Use.
Suspension of Access; Scheduled Downtime; Modifications. 7shifts may from time to time and in its discretion and without notice, without limiting any of its other rights or remedies at law or in equity, under the Agreement:
suspend Customer’s or Organizational Users’ access to or use of the 7shifts SaaS Services:
for scheduled maintenance;
due to a Force Majeure (as defined in Section 16(j))
if 7shifts believes in good faith that Customer or any Organizational User has violated any provision of the Agreement;
to prevent interference with the availability of the 7shifts SaaS Services;
to address any emergency security concerns; or
if required to do so by a regulatory body or as a result of a change in applicable law.
7shifts reserves the right to make any Modifications or discontinue all or any portion of the 7shifts SaaS Services at any time (including by limiting or discontinuing certain features of the 7shifts SaaS Service), temporarily or permanently, without notice to Customer. 7shifts will have no liability for any change to the 7shifts SaaS Services, including any paid-for functionalities of the 7shifts SaaS Services, or any suspension or termination of Customer’s access to or use of the 7shifts SaaS Services.
Subcontracting. 7shifts may engage third parties to provide the 7shifts SaaS Services.
Except as expressly set forth in the Agreement, nothing in the Agreement assigns or grants to 7shifts or any third party any right, title or interest including any intellectual property rights in or to Customer Data. Customer grants to 7shifts a nonexclusive, worldwide, royalty-free, irrevoc