Terms of Use

Last Updated: August 15, 2020

Welcome to app.getsorbet.com (Our Website).

Please read the following terms and conditions (Terms) carefully before using Our Website so that you, the user of Our Website, are aware of your legal rights and obligations with respect to SHIFT TIME INC. (SORBET”, “we”, “our” or “us).

By visiting or using Our Website, you signify your consent and agree to be bound by these Terms . If you do not accept all of these Terms, then you may not use or otherwise access Our Website.

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AS WELL AS A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

We may modify these Terms for any reason—at any time—by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate your use of Our Website.

 

  1. Access.

     For such time as these Terms are in effect, we hereby grant you permission to visit and use Our Website provided that you comply with these Terms and applicable law.
     

  2. Restrictions.

     You shall not: (i) copy, distribute or modify any part of Our Website without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose content, except as expressly authorized herein; (iii) disrupt servers or networks connected to Our Website; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access Our Website; and/or (v) circumvent, disable or otherwise interfere with security-related features of Our Website or features that prevent or restrict use or copying of any content or that enforce limitations on use of Our Website.
    Account. In order to use the services of Our Website, you will be provided with an account by your employer ("Account"), accessed by using your company email. You agree not to use the account of another without their permission. You are solely responsible for the activity that occurs in your Account. You must notify SORBET immediately of any breach of security or unauthorized use of your Account. As between you and SORBET, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to SORBET at: [________*].
    Services. The SORBET year-end challenge (“the Challenge”) is a voluntary employee wellness program that encourage you to take meaningful time off to improve your wellbeing, reduce stress and increase productivity. The challenge is paid for by your employer, (the “Program Sponsor”) and operated by SORBET. Our Website is a platform which allows you to receive:

     

  3. Account.

     In order to use the services of Our Website, you will be provided with an account by your employer ("Account"), accessed by using your company email. You agree not to use the account of another without their permission. You are solely responsible for the activity that occurs in your Account. You must notify SORBET immediately of any breach of security or unauthorized use of your Account. As between you and SORBET, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to SORBET at: [________*].
     

  4. Services.

    The SORBET year-end challenge (“the Challenge”) is a voluntary employee wellness program that encourage you to take meaningful time off to improve your wellbeing, reduce stress and increase productivity. The challenge is paid for by your employer, (the “Program Sponsor”) and operated by SORBET. Our Website is a platform which allows you to receive:

4.1. Scoops.

Your Paid Time Off balance is provided by your Program Sponsor and redistributed into 3 hour increments called Scoops, where Paid Time Off is defined by the Program Sponsor's employee handbook (“PTO”) and Scoops are defined as 3 hours when the employee is not working during business hours and is on Paid Time Off (“Scoops”). 1 Scoop = 3 hour break, 2 Scoops = 6 hour breaks, 3 Scoops = full day. Scoops will be automatically distributed and approved subject to the program sponsor’s Time policy as it was defined in program sponsor’s agreement with SORBET to create the users SORBET time plan (“Time Plan”). At the end of each day, SORBET will calculate the number of Scoops taken by the user, and automatically report it to the program sponsor. Program sponsor will then deduct corresponding PTO balance from the users total PTO balance, to be reflected in the program sponsor’s payroll system.

4.2. Calendar.

The users Time Plan will appear on the SORBET Calendar on Our Website (“The Calendar”) which will synchronize with your work calendar as defined by your Program Sponsor. If you add activities to the Calendar, you are solely responsible for the information and other content that you add, transmit or share with us or others (collectively, the "Calendar Information"), and you represent and warrant that you are not transmitting or sharing Calender Information that you do not have permission to share. It is your job to create backup copies and replace any Calendar Information you provide us at your expense. When you provide us with Calendar Information or make a booking through SORBET, you authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the Calendar Information. By providing us Calendar Information, you represent and warrant that you have the right to give us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, reformat, translate, syndicate and distribute that Calendar Information that we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise, and to prepare derivative works of (or incorporate into other works) that Calendar Information. You may remove your Calendar Information from The Calendar at any time, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing Calendar Information. However, we reserve the right to review, edit, or delete any Calendar information or your Account at any time.

4.3. Cancellation.

User will receive weekly email reminders of planned Scoops and email and text message reminders on the day of each planned Scoop (“Reminders”). Users may also login to the website to view their Time Plan on their SORBET calendar. Users may cancel a Scoops until 4:00pm on the day of the planned Scoop. If a user does not cancel a Scoop before 4:00pm on the day of the planned Scoop, corresponding PTO balance will be deducted from his PTO balance as reflected in the program sponsor’s payroll system.

4.4. Balance amendment.

If a user did not take a Scoop but did not cancel a Scoop before the 4:00pm cancellation time, they may request to retroactively amend their Scoops balance and corresponding PTO balance by writing to info@getsorbet.com. Users will be allowed to do so only within 14 days following the day of the Scoop and for no more than twice throughout the Challenge.

4.5. Recommendations.

SORBET provides users with Personalized recommendations for activities to do while they’re on Scoops. SORBET does not provide, own or control any of the services and products that you can access through Our Website, such as restaurants, courses, workshops, events, or other attractions (the “Products”). The Products are owned, controlled or made available by third parties (the “Providers”) either directly (e.g., restaurant) or as an agent (e.g., online reservation service). The Providers are responsible for the Products. The Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual provider (restaurants, class, event, etc.) apply to you, so you must also agree to and understand those terms. Your interaction with any Provider accessed through Our Website is at your own risk; SORBET does not bear any responsibility should anything go wrong with your booking or during your experience with the provider. The display on Our Website of a Product or Provider does not—in any way—imply, suggest, or constitute a recommendation by SORBET of that Product or Provider, or any sponsorship or approval of SORBET by such Provider, or any affiliation between such Provider and SORBET. SORBET hosts content, including prices, made available by or obtained from Providers. SORBET is in no way responsible for the accuracy, timeliness or completeness of such content. Since SORBET has no control over the Products and does not verify the content by the Providers, it is not possible for us to guarantee the prices displayed on Our Website. Prices change constantly and additional charges (e.g., payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected.

4.6. Booking through SORBET.

If you make a booking through Our Website for Products, that booking is made with the Provider named on the booking page and Our Website only acts as a user interface. Accordingly, SORBET has no responsibility for the booking or the Product because SORBET has no involvement in creating the description of the Product, in defining the price and any fees, or in providing the Products that you book. If you have any issues or disputes with your booking and/or the Product, you agree to address and resolve these with the Provider and not with us.

4.7. SORBET Card.

SORBET offers users a prepaid card which, should you choose to activate and use, will provide you with access to offers, discounts and rewards (collectively, the “Services). This Agreement covers your use of Our Website but does not include the specific terms of the Sorbet prepaid card. More information about our Prepaid card, including all applicable terms and conditions are available at https://app.getsorbet.com/terms/terms-and-conditions (“Sorbet card Agreement”). For the avoidance of doubt, the terms of this Agreement are applicable in addition to the Card Agreement and nothing in this Agreement shall derogate from the applicable card Agreement.

5. Intellectual Property.

We, along with our corporate affiliates, the Providers and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on Our Website except User Data, as defined below. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-SORBET product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.

6. Use of Our Website.

You may only use Our Website if you are of sufficient legal age and can enter into binding contracts. If you decide to have messages or other communications from Our Website sent directly to your mobile device, you are solely responsible for keeping us updated with your current email and phone number, and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated email. By using Our Website, you agree to comply with laws that apply to the United States, including laws that apply to exporting technical data. Please report abusive content to info@getsorbet.com if you see it.

7. Internet Connection.

Please be aware that your use of the Website may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.

8. User Data.

You shall retain all rights and ownership in and to your information that your provide use via the Website (the “User Data”). We will use your User Data only in order to provide you our Services. Notwithstanding the foregoing, any anonymous information, which is derived from the use of the Platform (i.e., metadata, aggregated and/or analytics information which is not personally identifiable information, or traceable or identifiable of you (“Analytics Information”) may be used by us for the purpose of providing the Services, for feature or products development and/or for statistical purposes, and such Analytics Information shall be deemed the sole property of Shift Time.

9. Location Data.

Certain features or functionality (“Features”) of the Website may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible then the Features may be limited or not operate.

10. Privacy.

We will use any personal information that we may collect or obtain in connection with the Website in accordance with our privacy policy which is available at https://app.getsorbet.com/terms/privacy-notice (“Privacy Policy”), and you agree that we may do so.

11. Warranty Disclaimer.

Our Website, all content and services provided on Our Website are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. SORBET expressly disclaims—to the fullest extent permissible—all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.

12. Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SORBET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF SORBET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SORBET FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO SORBET FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.

13. Indemnity.

You agree to defend, indemnify and hold harmless SORBET and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, Our Website; (ii) User Data; or (iii) your violation of these Terms.

14. Arbitration and Waiver.

You agree that by accepting the Terms, you and SORBET are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES SORBET OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH SORBET (INCLUDING—WITHOUT LIMITATION—WITH RESPECT TO DATA, YOUR INTERACTION WITH SORBET, SORBET'S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES SORBET SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY SORBET INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR SORBET'S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW. If you intend to seek arbitration, you must first send to the SORBET, by certified mail, a written Notice of Dispute ("Notice"). The Notice to SORBET must be sent to info@getsorbet.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and SORBET cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and SORBET agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding. For arbitration claims that you assert against SORBET in accordance with this section (but not for any arbitration claim against you), SORBET will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay in order to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, SORBET will pay its—and you will pay your—lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST SORBET IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND SORBET FOR ANY AND ALL DISPUTES YOU OR THE SORBET HAS RELATING—IN ANY WAY—TO THE SERVICES OR YOUR RELATIONSHIP WITH THE SORBET.

15. Term and Termination.

 This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Website; and/or (ii) terminate this Agreement and your use of the Website with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website. Upon termination of this Agreement, you shall cease all use of the Website. This Section ‎15 and Sections, ‎5 (Intellectual Property Rights), ‎10 (Privacy), ‎11 (Warranty Disclaimers), ‎12 (Limitation of Liability), ‎13 (Indemnity), and 17 (General) shall survive termination of this Agreement.

16. Links.

Our Website may contain links to other websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website.

17. General Requirements.

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced. If we fail to act with respect to your breach or anyone's else breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website. To the extent permitted by law, the laws of the State of New York (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website or these Terms, or our services, you agree to file such action only in the state and federal courts located in New York City, New York(USA);. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future SORBET products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of SORBET. Furthermore, by submitting Feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.