Terms of Service — Shiftick

The agreement

These Terms of Service (the "Terms") are a binding agreement between you and Shiftick, Dhaka, Bangladesh ("Shiftick", "we", "us"), covering the Shiftick mobile apps, the web console at app.shiftick.com, this website, and any related support (together, the "Service").

You accept these Terms by creating an account, by using the Service, or by allowing people in your organisation to use it. If you are accepting on behalf of a company, you confirm you have the authority to bind it, and "you" then means that company.

Our Privacy Policy explains how we handle personal data and forms part of these Terms. Where we have signed a separate written agreement with you, that agreement wins on any point it covers.

Who may use the Service

You must be at least 16 years old, and old enough to work lawfully where you live.
You must be able to form a binding contract, and not be barred from doing so under any applicable law.
You must not be located in a country subject to a government embargo that would prohibit us from providing the Service, and must not be on any government list of prohibited or restricted parties.

Accounts and workspaces

The Service is organised into workspaces. A workspace belongs to the business that created it. The business appoints administrators, who can add and remove staff, assign shifts, view attendance records and export reports.

Give accurate registration details and keep them current.
Keep your password confidential. You are responsible for everything done under your account until you tell us it has been compromised.
Tell us promptly at [email protected] if you suspect unauthorised access.
Do not share one login between people. Each person who uses the Service needs their own account.

If you run a workspace

Attendance data is personal data about your staff, and the law in most countries puts the duty for it on you as the employer. By using the Service you confirm that:

you have a lawful basis for monitoring attendance, and have told your staff — clearly and in advance — what is recorded and why;
you have obtained any consent or completed any works-council or union consultation that local law requires;
you will use the records only for legitimate employment purposes such as rostering, payroll and compliance;
you will grant console access only to people who need it, and withdraw it when they no longer do;
you will handle your staff's access, correction and deletion requests, and will keep attendance records only as long as you have a reason to.

We act as your processor for workspace data and follow your documented instructions. We are not responsible for how you use the records the Service produces, or for employment decisions you make from them.

Acceptable use

You must not:

falsify attendance — check in for another person, share QR codes to defeat verification, or tamper with timestamps or network checks;
use the Service to break the law, or to infringe anyone's rights;
upload malware, or anything unlawful, defamatory or obscene, or anyone else's personal data that you have no right to upload;
reverse engineer, decompile or attempt to extract the source code of the apps, except where the law expressly permits it;
probe, scan, overload or interfere with the Service or its infrastructure, or circumvent any rate limit or access control;
resell, sublicense or white-label the Service, or use it to build a competing product;
scrape or bulk-export data other than through the export features we provide.

Plans, trials and billing

Pricing is per active staff seat on the plan you choose. Current pricing is on our pricing page or in the quote we sent you.
Free trials run for the stated period. We will tell you before a trial converts to a paid plan, and you can cancel at any point during it without charge.
Subscriptions renew automatically for the same period until cancelled. Cancel before the renewal date to avoid the next charge.
Charges are in advance and, except where the law or these Terms say otherwise, are non-refundable. If you add seats mid-period, we charge pro rata; if you remove seats, the reduction applies at the next renewal.
Prices may change at renewal. We will give at least 30 days' notice, and you may cancel before the new price applies.
Taxes are your responsibility where they apply and are added to the stated price.
Unpaid invoices. If payment fails we will tell you. We may suspend the workspace if an invoice stays unpaid 14 days after notice.
In-app purchases. Subscriptions bought through the App Store or Google Play are billed by Apple or Google. Manage or cancel them in your store account — we cannot cancel or refund them for you, and refunds follow that store's policy.

Additional terms for app store downloads

Apple App Store

If you obtained the app from the Apple App Store, you acknowledge that:

these Terms are between you and Shiftick only, not with Apple, and Apple is not responsible for the app or its content;
your licence is a non-transferable licence to use the app on any Apple-branded device you own or control, as permitted by the App Store Terms of Service;
Apple has no obligation to provide maintenance or support for the app — we provide it, as described below;
if the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility;
we, not Apple, are responsible for addressing any claim by you or a third party relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar law;
we, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the app infringes that party's intellectual property rights;
you comply with applicable third-party terms of agreement when using the app;
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google Play

If you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the app. Billing, cancellation and refunds for purchases made through Google Play are handled by Google under its policies.

Availability and support

We aim to keep the Service available continuously, but we do not promise uninterrupted access. We may carry out maintenance, and will give advance notice of planned downtime where we reasonably can.

Support is provided by email at [email protected] during business days. Paid plans may carry a specific response commitment, which will be stated in your plan or order form.

We may add, change or withdraw features. If we withdraw a feature that is material to your use, we will give at least 30 days' notice and you may cancel and receive a pro-rata refund of fees paid for the unused period.

Your data

You keep all rights in the data you put into the Service. You grant us a licence to host, process, transmit, display and back it up strictly as needed to provide the Service and to meet our legal obligations.

You can export your attendance records and reports at any time while your subscription is active. After an account closes we keep the data available for export for 30 days, then delete it as described in the Privacy Policy.

We may use aggregated, de-identified statistics — which cannot identify you, your business or your staff — to operate and improve the Service.

Intellectual property

The Service, including the software, design, Shiftick name and logo, is owned by us and our licensors and is protected by intellectual property law. Subject to these Terms and to payment of your fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes. All rights not expressly granted are reserved.

If you send us feedback or suggestions, we may use them without obligation or payment to you.

Third-party services

The Service relies on third parties for hosting, notification delivery, email and payments, and may link to sites we do not control. We are not responsible for third-party services or content, and your use of them is governed by their own terms.

Disclaimers

Except as these Terms expressly state, and to the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose and non-infringement.

In particular, we do not warrant that the Service will be uninterrupted or error-free, or that attendance records, hours calculations or payroll reports will be free of error. You remain responsible for checking those outputs before relying on them for pay, discipline or any legal filing. Shiftick is a record-keeping tool, not legal, tax, payroll or employment advice.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud. If you are a consumer, your statutory rights are unaffected.

Limitation of liability

To the fullest extent permitted by law:

neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, however caused;
our total aggregate liability arising out of or relating to the Service in any 12-month period is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim, or USD 100.

These limits apply even if a remedy fails of its essential purpose.

Indemnity

You will defend and indemnify us against third-party claims, and against reasonable costs and damages awarded, arising from your use of the Service in breach of these Terms or of applicable law — including claims by your staff about how you collected or used their attendance data. We will notify you promptly of any such claim and give you reasonable cooperation in defending it.

Suspension and termination

You may cancel at any time from the web console, or by writing to us. Cancellation takes effect at the end of the current billing period.
We may suspend or terminate your access if you materially breach these Terms and do not fix it within 14 days of notice, if an invoice goes unpaid after notice, or immediately where continued access would put the Service or other customers at risk or would break the law.
On termination your right to use the Service ends. You have 30 days to export your data, after which it is deleted.
The sections on your data, intellectual property, disclaimers, liability, indemnity and governing law survive termination.

Changes to these terms

We may update these Terms as the product and the law change. For material changes we will give at least 30 days' notice by email to workspace administrators and by a notice in the app. If you do not accept a change, cancel before it takes effect; continuing to use the Service after that date means you accept the updated Terms. The effective date at the top of this page always shows the current version.

Governing law and disputes

These Terms are governed by the laws of Bangladesh, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the courts of Dhaka, Bangladesh. If you are a consumer, you keep the protection of the mandatory laws of the country where you live, and may bring proceedings in your local courts.

Before starting formal proceedings, please contact us — most disputes can be resolved by email within 30 days.

If any provision of these Terms is held unenforceable, the rest continues in force. Our not enforcing a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or an acquirer of the business.

Contact us

Shiftick
Dhaka, Bangladesh
[email protected]