Terms of Service | Shift Terminal

Introduction

Vizlume Inc., operating as Shift Terminal (“Shift Terminal,” “we,” “us,” or “our”) provides a workforce management software-as-a-service platform that offers shift scheduling, time and attendance tracking, team communication, reporting, and related features through web-based and mobile applications (collectively, the “Service”).

These Terms of Service (“Terms”) govern your access to and use of the Service. By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Cancellation & Refund Policy, which are incorporated herein by reference.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

These Terms apply to two categories of users: (a) Organizations — employers, businesses, or entities that create an Organization account to manage their workforce using the Service; and (b) Users — individual employees, managers, supervisors, contractors, or other personnel who are invited by an Organization to access and use the Service.

1. Eligibility

You must be at least 16 years of age to use the Service. If you are between 16 and the age of majority in your jurisdiction, you may only use the Service with the consent of a parent or legal guardian.
If you are creating an Organization account, you represent and warrant that you have the authority to bind that Organization to these Terms.
You represent that all registration information you provide is truthful, accurate, and complete, and that you will maintain the accuracy of such information.
You may not use the Service if you are a direct competitor of Shift Terminal for the purpose of monitoring availability, performance, functionality, or for any competitive benchmarking purposes.

2. Accounts and Registration

2.1 Organization Accounts

To use the Service, an Organization must create an account (“Organization Account”). The individual who creates the Organization Account is the initial administrator and is responsible for managing user access, permissions, and Organization settings.

2.2 User Accounts

Users are invited by an Organization to join the Service. Users may be assigned one of the following roles: administrator, manager, supervisor, or employee. Each role has different permissions and access levels as determined by the Organization and the Service’s role-based access controls.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

Create a strong, unique password for your account
Not share your login credentials with any other person
Notify us immediately of any unauthorized use of your account or any other breach of security
Ensure that you sign out of your account at the end of each session, particularly on shared devices

We are not liable for any loss or damage arising from your failure to protect your account credentials.

2.4 Worker Classification

The Service uses role labels such as “employee,” “manager,” and “supervisor” for convenience within the application. These labels are not intended to determine or represent any individual’s employment status, worker classification, or legal relationship for any purpose, including employment taxes, labour standards, or benefits. Organizations are solely responsible for the proper classification of their workers under applicable law.

3. Service Description and Modifications

3.1 Service Features

The Service provides workforce management features including, but not limited to:

Shift scheduling (day, week, two-week, and month views)
Time and attendance tracking (clock-in/clock-out, breaks, overtime)
Employee availability and time-off management
Team communication (chat, broadcasts, shift notes)
Reporting and analytics
Geofencing and location-based clock-in verification
Notification delivery (email, push, in-app)
Multi-location and multi-position management

The Service is offered as a single subscription plan that includes all of these features. Some of them are switched on or off by each Organization in its own settings, and some are limited to particular roles. See our pricing page for current plan details.

3.2 Service Availability

We strive to provide continuous availability of the Service but do not guarantee uninterrupted, error-free, or secure access. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our reasonable control. We will make reasonable efforts to provide advance notice of planned downtime.

3.3 Modifications to the Service

We reserve the right to modify, update, or discontinue any feature or aspect of the Service at any time. For material changes that significantly reduce the functionality available under your current subscription plan, we will provide reasonable advance notice. Your continued use of the Service after changes are implemented constitutes acceptance of those changes.

4. Subscription Plans and Billing

4.1 Plans

The Service is offered under a single subscription plan (currently “Shift Terminal Pro”) that includes all features and unlimited users, priced per Organization. Current plan details and pricing are available on our pricing page and may be updated from time to time.

4.2 Free Trial

New Organization accounts receive a 14-day free trial with all features included. At the end of the trial period, if a paid subscription is not purchased, access to the Service is paused until a subscription is started. Organization data is retained during this period and access is restored upon subscription. Administrators retain access to billing settings and data export.

4.3 Billing

Paid subscriptions are billed as a flat price per Organization on a monthly or annual billing cycle, as selected at the time of purchase, regardless of the number of users.
All prices are listed in the currency displayed at checkout and are exclusive of applicable taxes unless otherwise stated.
Payment is processed by Stripe, our third-party payment processor. By providing payment information, you authorize us to charge your payment method for subscription fees on a recurring basis.
You are responsible for providing valid and current payment information. If payment fails, we may suspend access to paid features until payment is resolved.

4.4 Changing Your Billing Period

Shift Terminal is offered as a single plan, so there are no tiers to move between and no features to gain or lose by changing plan. You may switch between monthly and annual billing at any time through Stripe’s customer portal; the change is prorated and takes effect immediately rather than at the start of the next billing period.

4.5 Cancellation

You may cancel your paid subscription at any time. Upon cancellation:

Your access remains unchanged until the end of your current billing period.
At the end of that period the subscription ends and your Organization is paused: everyone is signed out of the Service until someone subscribes again. There is no free plan to fall back to. Administrators keep access to billing settings so they can re-subscribe.
Your data is retained, not deleted, and becomes accessible again as soon as your Organization re-subscribes — subject to our retention practices and legal obligations.
Proration, credits, and refunds are handled by Stripe and applicable law.

4.6 Price Changes

We reserve the right to change our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following at least 30 days’ written notice. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.

4.7 Taxes

You are responsible for all applicable taxes associated with your use of the Service, including sales tax, GST, HST, VAT, or similar taxes. We will collect and remit taxes where we are legally required to do so. Tax amounts will be displayed during checkout.

5. Acceptable Use

You agree to use the Service only for its intended purpose of workforce management and in compliance with all applicable laws and regulations. You agree NOT to:

Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
Upload or transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights.
Upload or transmit any viruses, malware, or other harmful code designed to interrupt, destroy, or limit the functionality of the Service.
Interfere with or disrupt the Service, servers, or networks connected to the Service.
Attempt to gain unauthorized access to any portion of the Service, other accounts, or any systems or networks connected to the Service.
Use the Service to send unsolicited communications, spam, or bulk messages.
Use the Service to collect or store personal information of other users except as necessary for the intended use of the Service.
Use automated scripts, bots, or other means to access or interact with the Service without prior written permission.
Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
Resell, sublicense, or make the Service available to any third party except as permitted under your subscription.
Use the Service in violation of any applicable labour, employment, or privacy laws.

We reserve the right to investigate and take appropriate action against any violation of these Terms, including suspending or terminating your account and reporting conduct to law enforcement where appropriate.

6. Organization Responsibilities

If you are an Organization using the Service, you additionally agree to:

Employment Law Compliance: Comply with all applicable employment, labour, and workplace laws and regulations, including wage and hour laws, overtime regulations, break requirements, and worker classification rules. The Service provides tools to assist with compliance but does not constitute legal advice and does not ensure compliance on your behalf.
Data Accuracy: Ensure that employee data entered into the Service is accurate, lawful, and collected with appropriate consent.
User Management: Manage user access and permissions within your Organization, including promptly deactivating accounts of individuals who are no longer authorized to access the Service.
Privacy Obligations: Obtain any necessary consents from your employees and personnel for the collection, use, and processing of their personal information through the Service, including location data where geofencing features are enabled.
Communications Consent: Ensure that your use of notification features (including email notifications sent to your employees through the Service) complies with applicable anti-spam legislation, including Canada’s Anti-Spam Legislation (CASL).
User Compliance: Ensure that all users within your Organization are aware of and comply with these Terms.

7. Data Ownership and Content

7.1 Your Data

You retain all rights, title, and interest in the data you submit to the Service (“Your Data”), including employee information, schedules, attendance records, and communications. By using the Service, you grant us a limited, non-exclusive license to use, process, and store Your Data solely as necessary to provide, maintain, and improve the Service.

7.2 Organization Data Ownership

When an Organization account is created, the Organization is the owner of all data within that account. Individual users who are employees or personnel of the Organization do not independently own Organization-level data (such as schedules, reports, and team communications), though they retain rights to their personal information as described in our Privacy Policy.

7.3 Data Portability

We support your right to data portability. Organization administrators may export their data (including schedules, attendance records, and reports) in standard formats through the Service’s export features. If you need assistance with data export, contact us at support@shiftterminal.com.

7.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Service (“Feedback”), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation or compensation to you.

8. Intellectual Property

The Service, including its design, features, functionality, code, documentation, trademarks, logos, and all other intellectual property associated with the Service, is and remains the exclusive property of Shift Terminal and its licensors. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use the Service in accordance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse-engineer or attempt to extract the source code of the Service, unless applicable law expressly permits such activities notwithstanding this limitation.

9. Termination and Suspension

9.1 Termination by You

You may request termination of your account at any time by contacting us at support@shiftterminal.com. Organization administrators may also request closure of their Organization account through support, which will deactivate associated user access.

9.2 Termination or Suspension by Us

We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to:

Violation of these Terms or our Acceptable Use policy
Non-payment of subscription fees
Conduct that we reasonably believe is harmful to other users, us, or third parties
Extended periods of inactivity
Requests by law enforcement or government agencies

Where practicable, we will provide reasonable notice before suspension or termination. In cases of serious violations, we may terminate access immediately without prior notice.

9.3 Effect of Termination

Upon termination of your account:

Your right to access and use the Service immediately ceases.
We retain or delete data in accordance with our Privacy Policy, contractual obligations, and applicable law, and may keep limited records for security, billing, legal, and audit purposes.
Provisions of these Terms that by their nature should survive termination will survive, including Sections 7 (Data Ownership), 8 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 13 (Governing Law).

10. Disclaimers and Limitation of Liability

10.1 Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

The Service will be uninterrupted, timely, secure, or error-free
The results obtained from the Service will be accurate or reliable
The Service will meet your specific requirements
Any defects in the Service will be corrected

The Service is a tool to assist with workforce management. It does not provide legal, tax, accounting, or employment advice. Organizations are solely responsible for compliance with all applicable laws and regulations.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHIFT TERMINAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

11. Indemnification

You agree to defend, indemnify, and hold harmless Shift Terminal, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any data or content you submit through the Service; or (e) your infringement of any third-party rights, including intellectual property, privacy, or employment rights.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve the dispute informally by contacting us at support@shiftterminal.com. We will attempt to resolve the dispute informally within 30 days. If the dispute is not resolved within 30 days, either party may proceed to the formal resolution process described below.

12.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved informally shall be submitted to and finally resolved by arbitration administered in accordance with the applicable arbitration rules in the Province of Ontario, Canada. The arbitration shall be conducted by a single arbitrator in the English language. The seat of arbitration shall be Toronto, Ontario, Canada.

The arbitrator’s decision shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or other proprietary rights.

13. Governing Law

These Terms 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 conflict of law principles. Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada, for the resolution of any disputes not subject to arbitration.

14. Third-Party Services

The Service integrates with or relies upon third-party services, including payment processing (Stripe), email delivery (Resend), hosting (Vercel, Supabase), bot protection (Cloudflare), weather data (OpenWeatherMap), and accounting integrations (Intuit QuickBooks Online). Your use of these third-party services is subject to their respective terms and privacy policies.

We are not responsible for the availability, accuracy, or content of third-party services. Outages or issues with third-party services may affect the availability or functionality of certain features of the Service.

14.1 QuickBooks Online Integration

The Service offers an optional integration with Intuit QuickBooks Online (“QuickBooks”) that allows Organization administrators to sync employee timesheet data from Shift Terminal to their QuickBooks Online company. This integration is included in the subscription and is available to administrators.

Authorization: The QuickBooks integration requires explicit authorization by an Organization administrator through Intuit’s OAuth 2.0 authentication protocol. By connecting your QuickBooks account, you authorize Shift Terminal to access and transmit data to your QuickBooks Online company within the authorized scopes.
Data Synced: The integration syncs employee timesheet data, including hours worked, shift dates and times, break durations, position names, tips, and shift notes. This data is transmitted as TimeActivity entries in QuickBooks.
Employee Mapping: Organization administrators must manually map Shift Terminal users to corresponding QuickBooks employees before syncing. No data is synced for unmapped employees.
Purpose Limitation: Shift Terminal accesses QuickBooks data solely to provide the timesheet synchronization feature. We do not use QuickBooks data for advertising, analytics, profiling, or any purpose other than delivering the Service to you.
Disconnection: You may disconnect the QuickBooks integration at any time from Settings > Integrations within the Service, or from the QuickBooks App Center. Upon disconnection, Shift Terminal revokes all OAuth tokens and ceases accessing your QuickBooks account. Previously synced TimeActivity entries remain in your QuickBooks account under your control.
Intuit Terms: Your use of QuickBooks Online is governed by Intuit’s own terms of service and privacy policy. Shift Terminal is not responsible for the availability or functionality of QuickBooks Online services.
Data Accuracy: While we take reasonable measures to ensure accuracy during synchronization, you are responsible for reviewing synced data in QuickBooks for correctness. Shift Terminal is not liable for errors in timesheet data that result from incorrect employee mapping, incomplete time entries, or QuickBooks API limitations.

15. Mobile Applications

If you access the Service through our mobile applications for iOS or Android:

These Terms are between you and Shift Terminal, not with Apple Inc. or Google LLC. Apple and Google are not responsible for the Service or its content.
The license granted to you for the mobile application is limited to a non-transferable license to use the application on a device that you own or control, in accordance with the applicable app store terms.
Apple and Google have no obligation to provide maintenance or support services for the mobile application.
In the event of any failure of the mobile application to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price (if any) of the application. To the maximum extent permitted by applicable law, Apple and Google have no other warranty obligation with respect to the mobile application.
Apple and Google are not responsible for addressing any claims relating to the mobile application or your possession and use of the mobile application.
Apple and Google are third-party beneficiaries of these Terms as they relate to the mobile application, and will have the right to enforce these Terms against you.

16. Electronic Communications (CASL)

We comply with Canada’s Anti-Spam Legislation (CASL) in our electronic communications:

Transactional Messages: Notifications related to your use of the Service (shift assignments, schedule changes, time-off approvals, account security) are operational messages exempt from CASL consent requirements.
Commercial Messages: Any promotional or marketing communications require your express consent. You may withdraw consent at any time by clicking the unsubscribe link or by adjusting your notification preferences.
All commercial electronic messages include our identity, contact information, and an unsubscribe mechanism as required by CASL.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Shift Terminal regarding the Service, and supersede all prior agreements, understandings, and communications, whether oral or written.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Shift Terminal.

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without your consent in connection with a merger, acquisition, reorganization, or sale of assets.

17.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet or telecommunications outages, pandemics, labour disputes, or third-party service provider outages.

17.6 Notices

We may provide notices to you through the Service, by email to the address associated with your account, or by other reasonable means. You may provide notices to us by email at support@shiftterminal.com. Notices are considered received when delivered through the Service, when the email is sent (for notices from us), or when the email is received (for notices from you).

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Service with a revised “Last updated” date and, where appropriate, by email. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service. We encourage you to review these Terms periodically.

19. Contact Us

If you have any questions or concerns about these Terms, please contact us:

Email: support@shiftterminal.com
Website: shiftterminal.com