Terms of Use

Last Updated: July 2, 2021

Welcome! Please take a moment to scroll down and read these Terms of Use.

 

Shift Time Inc. (“Shift Time,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our application (the “App”), which is made available to you as a web app and/or a mobile app. These Terms of Use state the terms and conditions under which you can use the App. Please read these Terms of Use carefully. By clicking “I ACCEPT,” you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our  Privacy Policy, which is hereby incorporated by reference (collectively, this Agreement”). If you do not agree to any of these terms, then please do not use the App. These Terms of Use may be updated by us from time to time with or without notice to you.  In any event, you will be required to affirmatively accept any revised Terms of Use prior to next logging-in to your account. 

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

  1. DESCRIPTION AND USE OF APP

    Based on our agreement with your employer, we will make the App available to you either as a web app or as a mobile app. If you use the web app, some features and functionality described in these Terms of Use may not be available to you.

    The App empowers you to take meaningful time off to de-stress, recharge, avoid burnout and improve performance. The App provides you information including not limited to, your total unused paid time-off hours (“Unused PTO”), how much cash you can get if you choose to cash out your Unused PTO, and your virtual prepaid VISA card balance once you cash out some or all of your Unused PTO. 

    The “
    Take It” feature of the App identifies your habits and time management patterns and proactively suggests breaks and vacations to you that would fit your personal preferences without disrupting your work. All such breaks and vacations must be pre-approved by your employer, who is solely responsible for determining whether you are able to take time off from work. You can use the App to schedule, re-schedule and/or cancel the breaks and vacations you select. Once your employer approves you taking time off and you take a break and/or vacation, your total Unused PTO will be reduced by the number of hours of break and/or vacation you took.

    The “
    Spend It” feature of the App predicts the amount of your Unused PTO and allows you to voluntarily cash out all or part of such Unused PTO with your employer’s approval. Once you cash out, the cash out amount is loaded on a virtual prepaid VISA card (“Debit Card”), your total Unused PTO will be reduced by the number of hours you cashed out both on the App as well as from your employer’s HR system and you can immediately start spending the money that is loaded on your Debit Card. The first time you cash out, you will have to activate your Debit Card and also accept a debit card agreement.

    Once you have the Debit Card, we will send your some suggestions and recommendations about how you can spend the money. All such suggestions and recommendations are for products and services offered by third parties and not Shift Time (collectively, the “Third Party Products and Services”). Such suggestions and recommendations are provided solely as a convenience to you and not as an endorsement by us of any such Third Party Products and Services. We are not responsible for any such Third Party Products and Services and we do not make any representations regarding the same. If you decide to purchase or otherwise use any such Third Party Products and Services, you do so at your own risk.

    Through the App, you can request us to freeze your Debit Card.  We will notify you once your Debit Card is frozen. Once your Debit Card is frozen, you will not be able to perform any new transactions using your Debit Card. You may request to unfreeze your Debit Card at any time through the App. We will not be responsible or liable for any funds that are spent from your Debit Card until we notify you that your Debit Card is frozen.

    The App integrates and syncs with your employer’s HR system and we receive your Employee Information from your employer. We work with your employer and get the approvals for your breaks and vacations as well as for your Unused PTO cash out.
    However, please note that all cash out transactions are irreversible.

     

  2. LICENSE TO USE THE APP

    Shift Time hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service. We reserve all rights in and to the App not expressly granted to you under these Terms of Use.
     

  3. COMMUNITY GUIDELINES
    Shift Time’s community, like any community, functions best when its users follow a few simple rules.  By accessing and/or using App, you agree to comply with these community guidelines (the “Community Guidelines”) and that: 

    • You will comply with all applicable laws in your use of the App and will not use the App for any unlawful purpose;​

    • You will not upload, post, e-mail, transmit, or otherwise make available any content that:

      • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

      • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or

      • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

    • You will not “stalk,” threaten, or otherwise harass another person;

    • You will not access or use the App to collect any market research for a competing business;

    • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

    • You will not interfere with or attempt to interrupt the proper operation of the App through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the App through hacking, password or data mining, or any other means;

    • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the App;

    • You will not use any robot, spider, scraper, or other automated means to access the App for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; and

    • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure


      You will let us know about inappropriate content of which you become aware.  If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

      We reserve the right, in our sole and absolute discretion, to deny you access to the App, or any portion of thereof, without notice, and to remove any content that does not adhere to these Community Guidelines.
       

  4. RESTRICTIONS
    The App is available for individuals aged 18 years or older.  If you are under 18 years of age, please do not use the App. 

     

  5. USE OF PERSONAL INFORMATION
    Your use of the App may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at https://www.getsorbet.com/privacy-policy), which is hereby incorporated by reference in its entirety.  
     

  6. REGISTRATION
    Your use of the App and our services is entirely voluntary.  If you would like to use the App, you will have to login to your account by providing your work email address. You represent and warrant that all login information you submit is truthful and accurate and you will maintain the accuracy of such information. You are responsible for the confidentiality of your login information. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.  

     

  7. Fees
    We do not currently charge a fee to use our App. However, we reserve the right to institute new or additional fees, at any time upon notice to you.

     

  8. TAX CONSEQUENCES
    Use of the App could have tax consequences for you. You are responsible for those tax consequences, although it is possible that we will be required to report and withhold from income as a result of using the App. We do not make any representations or warranties regarding any tax implications arising from the use of the App, including but not limited to the Debit Card. If the use of the App, including but not limited to the Debit Card results in any income tax or other tax liability to you, all such tax liability will be borne by you. We disclaim all responsibility for any such taxes. You are required to complete all required tax forms, make all required tax filings and pay all required taxes relating to the use of the App, including but not limited to, the Debit Card. You agree to provide us with accurate information (including, but not limited to, your social security number) necessary for us to complete any applicable tax forms. You will indemnify and hold us, our parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand made by any third party (including, without limitation, all costs and attorneys’ fees) due to or arising out of any failure by you to comply with this section.

     

  9. INTELLECTUAL PROPERTY
    We retain all right, title and interest in and to the App, and all software and other technology relating to the App. As between us and you, we retain all right, title and interest in and to all content available through the App (the “Shift Time Content”). The Shift Time Content may be owned by us or our licensors, and is protected under both United States and foreign laws.  Unauthorized use of the Shift Time Content may violate copyright, trademark, and other laws.  You have no rights in or to the Shift Time Content, and you will not use the Shift Time Content except as permitted under this Agreement and the functionality of the App.  No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Shift Time Content.  You may not sell, transfer, assign, license, sublicense, or modify the Shift Time Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Shift Time Content in any way for any public or commercial purpose.  The use or posting of the Shift Time Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

    If you violate any part of this Agreement, your permission to access and/or use the Shift Time Content and the App automatically terminates and you must immediately destroy any copies you have made of the Shift Time Content.

    The trademarks, service marks, and logos of Shift Time (“Shift Time Trademarks”) used and displayed on the App are registered and unregistered trademarks or service marks of Shift Time.  Other company, product, and service names located on the App may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Shift Time Trademarks, the “Trademarks”).  Nothing on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of Shift Time Trademarks inures to our benefit.

    Elements of the App are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  None of the Shift Time Content may be retransmitted without our express, written consent for each and every instance.

     

  10. COMMUNICATIONS WITH US
    Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information.  With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

     

  11. NO WARRANTIES; LIMITATION OF LIABILITY
    NONE OF SHIFT TIME, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “SHIFT TIME PARTIES”) ENDORSE ANY SHIFT TIME CONTENT PROVIDED THROUGH THE APP. NONE OF THE SHIFT TIME PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND YOUR EMPLOYER OR FOR ANY RESULTS CAUSED BY USING THE APP, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.

    THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NONE OF THE SHIFT TIME PARTIES MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND THE SHIFT TIME PARTIES HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.  TO THE EXTENT THAT ANY SHIFT TIME PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

    IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE APP, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

    THE APP MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE APP. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE APP AT ANY TIME WITHOUT NOTICE.

     

  12. EXTERNAL SITES
    The App may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

     

  13. INDEMNIFICATION
    You agree to defend, indemnify, and hold harmless the Shift Time Parties from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Shift Time Party in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) any misuse of the Shift Time Content, and/or the App; (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claims brought against any Shift Time Party by your employer or any other third party as a result of your acts or omissions; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.  You acknowledge that the Shift Time Parties are not your employer and the use of the App or our services does not create a direct or indirect joint employment relationship of any kind. 

     

  14. COMPLIANCE WITH APPLICABLE LAWS
    The App is based in the United States, and are intended to be used only by residents of the United States. We make no claims concerning whether the App, or the Shift Time Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the App, or the Shift Time Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

     

  15. TERMINATION OF THE AGREEMENT
    We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the App, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the App at any time without prior notice or liability.

     

  16. BINDING ARBITRATION
    In the event of a dispute arising under or relating to this Agreement or the App or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Shift Time from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Shift Time’s proprietary interests.

     

  17. CLASS ACTION WAIVER
    You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

     

  18. EQUITABLE RELIEF
    You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

     

  19. CONTROLLING LAW; EXCLUSIVE FORUM
    The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.  The Parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.

     

  20. MISCELLANEOUS 
    If the Agreement is terminated in accordance with the termination provision in Section 15 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect:  “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.” 

    Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.  

     

Copyright 2021 Shift Time Inc. All rights reserved.