Terms of Service

Effective Date: January 1, 2025

These Terms of Service ("Terms") govern your use of Shift Fill Express's automated shift coverage service ("Service"). By using our Service, you agree to these Terms.

Important: These Terms contain a binding arbitration provision and class action waiver. This affects how disputes are resolved.

1. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use our Service.

2. Description of Service

Shift Fill Express provides an automated phone-based system for managing employee shift coverage. The Service includes:

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and authorized to enter into contracts on behalf of your organization.

3.2 Account Security

You are responsible for:

4. Use of Service

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Uses

You agree not to:

5. Payment Terms

5.1 Fees

Fees for the Service are based on your selected plan and will be communicated separately. All fees are non-refundable unless otherwise stated.

5.2 Billing

5.3 Price Changes

We may modify pricing with 30 days' notice. Continued use after price changes constitutes acceptance.

6. Intellectual Property

6.1 Our Property

The Service and all related content, features, and functionality are owned by Shift Fill Express and protected by intellectual property laws.

6.2 Your Data

You retain ownership of data you submit to the Service. You grant us a license to use this data solely to provide the Service.

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

8. Disclaimers and Limitations

8.1 Service Availability

The Service is provided "as is" and "as available." We do not guarantee uninterrupted or error-free service.

8.2 No Warranties

We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

8.3 Limitation of Liability

To the maximum extent permitted by law, Shift Fill Express shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.

Maximum Liability: Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless Shift Fill Express, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

10. Termination

10.1 By You

You may terminate your account at any time by contacting us. Termination does not entitle you to refunds.

10.2 By Us

We may terminate or suspend your account immediately for:

11. Dispute Resolution

11.1 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

11.2 Class Action Waiver

You waive any right to bring claims as a plaintiff or class member in any purported class or representative proceeding.

12. General Provisions

12.1 Governing Law

These Terms are governed by the laws of [Your State], without regard to conflict of law principles.

12.2 Entire Agreement

These Terms constitute the entire agreement between you and Shift Fill Express regarding the Service.

12.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.

12.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights under these Terms without restriction.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes via email or through the Service. Continued use after changes constitutes acceptance.

14. Contact Information

Shift Fill Express

Email: legal@shiftfillexpress.com

Address: [Your Business Address]

15. Special Terms for Healthcare Clients

Healthcare organizations using our Service must: