Terms and Conditions

Welcome to Shiftlify. These Terms and Conditions ("Terms") govern your access to and use of the Shiftlify platform, including our website, mobile applications, and all related services (collectively, the "Platform"). By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform. These Terms constitute a legally binding agreement between you and MELIORAPPS INTERACTIVE SRL ("Shiftlify", "we", "our", or "us"). Please read them carefully before using our services.

In these Terms, the following definitions apply: **Platform**: The Shiftlify web application, mobile applications, and all related services that enable temporary staffing connections. **Client**: A company, organization, or individual that uses the Platform to post events and shifts requiring temporary staff. **Candidate**: An individual who uses the Platform to find temporary work opportunities and accepts shift assignments. **Event**: A staffing occasion created by a Client that may contain one or more shifts requiring temporary workers. **Shift**: A specific work assignment within an Event, defined by date, time, location, and job requirements. **Contract**: The employment agreement created when a Candidate's assignment to a Shift is confirmed, governed by applicable employment law.

To use the Platform, you must register for an account. By registering, you agree to: **Eligibility**: You must be at least 18 years old and legally able to enter into binding contracts. Candidates must be legally authorized to work in the relevant jurisdiction. **Accurate Information**: You must provide accurate, current, and complete information during registration and keep this information updated. Providing false or misleading information may result in account termination. **Account Security**: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use. **One Account Policy**: Each individual or organization may maintain only one account. Creating multiple accounts may result in termination of all accounts. **Authentication Methods**: The Platform supports multiple authentication methods including email and password, passwordless email links (magic links), WhatsApp OTP verification, and Google OAuth sign-in (for existing accounts only). You are responsible for securing access regardless of the method used.

Shiftlify provides a platform that connects Clients with Candidates for temporary staffing needs. Our services include: **Candidate-Client Matching**: We facilitate connections between Candidates and Clients based on qualifications, availability, location, and job requirements. **Event and Shift Management**: Clients can create, publish, and manage Events and Shifts. Candidates receive shift assignment offers from Clients and Shiftlify administrators, and can accept or decline these assignments through the Platform. **Contract Generation**: When a Candidate is confirmed for a Shift, the Platform facilitates the creation of employment documentation and contract management. **Time Tracking**: The Platform provides tools for recording work hours, with dual confirmation from both Candidates and Clients to ensure accuracy. **Communication Tools**: We provide messaging and notification features to facilitate communication between parties regarding shift details, changes, and updates.

As a Candidate using the Platform, you agree to: **Profile Accuracy**: Maintain an accurate and complete profile, including your qualifications, certifications, work experience, and skills. Misrepresentation may result in account termination and legal consequences. **Availability Management**: Keep your availability calendar accurate and up-to-date. Only accept shifts that you can genuinely fulfill. **Attendance Commitment**: Arrive on time for all confirmed shifts, properly prepared and equipped as specified. Notify the Client and Shiftlify immediately if you cannot attend a confirmed shift. **Professional Conduct**: Conduct yourself professionally at all times. Follow Client instructions, workplace rules, and maintain appropriate behavior. Harassment, discrimination, or misconduct will not be tolerated. **Compliance**: Comply with all applicable laws, regulations, and Client-specific requirements, including health and safety rules, dress codes, and confidentiality obligations.

As a Client using the Platform, you agree to: **Accurate Event Details**: Provide accurate, complete, and truthful information about Events and Shifts, including job descriptions, requirements, location, timing, and compensation. **Safe Working Conditions**: Ensure that all work environments are safe and comply with applicable health and safety regulations. Provide Candidates with necessary safety equipment and training. **Timely Confirmations**: Respond promptly to Candidate applications and confirm or reject shift assignments within reasonable timeframes. **Respectful Treatment**: Treat all Candidates with respect and dignity. Discrimination, harassment, or unfair treatment will not be tolerated and may result in account termination. **Compensation Compliance**: Honor all agreed compensation rates and ensure accurate time tracking. All payments and billing are handled outside the Platform through external payroll and invoicing systems. Disputes regarding hours worked should be resolved promptly and in good faith.

When a Candidate's assignment to a Shift is confirmed, a binding employment relationship is created: **Contract Creation**: Confirmation of a shift assignment creates a temporary employment contract between the Candidate and the employing entity, subject to applicable employment law. **External Contract Number**: Each contract is assigned a unique reference number that links to external employment administration systems. This number must be referenced in all related documentation. **Contract Terms**: Specific terms of employment, including compensation rates, work hours, and job duties, are as specified in the Shift details and any supplementary documentation. **Modifications**: Changes to confirmed shifts must be agreed upon by all parties. Material changes may require contract amendment or cancellation procedures.

Cancellation policies protect all parties and ensure reliable staffing: **Notice Requirements**: The required notice period for cancellations depends on the Candidate's tenure with the Platform: - 0-3 months of work history: 2 days notice - 4-6 months of work history: 1 week notice - 7+ months of work history: 1 month notice **Candidate No-Shows**: Failing to appear for a confirmed shift without proper notice is a serious violation. Consequences may include warnings, suspension, financial penalties, negative ratings, or account termination. **Client Cancellations**: Clients who cancel shifts must provide appropriate notice. Late cancellations may still require partial compensation to confirmed Candidates for lost opportunity, as determined by the applicable contract terms. **Emergency Circumstances**: We understand that genuine emergencies occur. Contact us immediately if you cannot fulfill a commitment due to illness, accident, or other emergencies. Documentation may be required.

Certain assignments may require background verification: **Verification Requirements**: Clients may require background checks for specific events or roles. When a background check is required, you will be clearly informed before accepting the assignment. **Consent**: Background checks are only conducted with your explicit consent. You may decline a background check, but this may make you ineligible for assignments that require verification. **Process**: Verification is conducted through authorized third-party providers (Checkr and Sterling). Results are shared with the relevant Client only to the extent necessary for the assignment. Full details about data handling are provided in our Privacy Policy. **Disputes**: If you believe your background check results contain inaccurate information, you may dispute the results directly with the verification provider. We will assist you in initiating the dispute process.

The Platform includes a rating system to maintain service quality: **Rating Process**: After completed shifts, Clients may rate Candidates and Candidates may rate their experience with Clients. Ratings are recorded on a standardized scale and may include written feedback. **Impact of Ratings**: Ratings may affect future shift matching, candidate visibility, and platform privileges. Consistently low ratings may result in reduced assignment opportunities or account review. **Fair Use**: Ratings must be honest, fair, and based on actual work experience. Retaliatory, discriminatory, or fraudulent ratings are prohibited and may result in rating removal and account consequences. **Disputes**: If you believe a rating is unfair or inaccurate, you may contact our support team to request a review. We reserve the right to remove ratings that violate our guidelines.

Temporary employment through the Platform may be subject to applicable Collective Bargaining Agreements (CBAs): **Applicable CBAs**: Depending on the industry, location, and nature of the work, your temporary employment may be governed by sector-specific or regional collective bargaining agreements. These agreements may establish minimum wages, working conditions, benefits, and other employment terms. **Compliance**: Shiftlify ensures that all employment terms, including compensation rates, working hours, and conditions, comply with applicable CBAs. Where a CBA provides more favorable terms than our standard terms, the CBA terms will apply. **Transparency**: You will be informed of any applicable CBA before accepting an assignment. CBA details relevant to your employment terms will be referenced in your contract documentation.

The Platform organizes candidates into pools for efficient staffing: **Pool Assignment**: Candidates may be assigned to one or more pools based on qualifications, experience, certifications, and availability. Pool membership determines which events and shifts are visible to you. **Client-Specific Pools**: Clients may maintain preferred candidate pools for their events. Inclusion in a client pool is based on past performance, qualifications, and client preferences. **Pool Management**: Shiftlify administrators manage pool composition. You may be added to or removed from pools based on performance, qualifications, or operational needs. Pool assignment decisions are made at Shiftlify's discretion.

The Platform offers customization features for Clients: **Branding**: Clients may customize certain aspects of the Platform experience with their branding, including logos, colors, and fonts. This customization may involve loading external resources such as custom fonts from third-party services (e.g., Google Fonts). **Scope**: Client branding applies to Platform interfaces viewed in the context of that Client's events and shifts. It does not affect the core Platform functionality or other Clients' experiences. **Responsibility**: Clients are responsible for ensuring that their branding materials do not infringe on third-party intellectual property rights and comply with applicable laws.

Intellectual property rights are allocated as follows: **Shiftlify IP**: The Platform, including all software, design, text, graphics, interfaces, and the selection and arrangement thereof, is owned by Shiftlify and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission. **User Content**: You retain ownership of content you submit to the Platform (such as profile information, photos, and communications). However, by submitting content, you grant Shiftlify a worldwide, non-exclusive, royalty-free license to use, display, and distribute this content for Platform operations. **License to Use**: We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes, subject to these Terms. **Prohibited Uses**: You may not use the Platform to scrape data, build competing services, infringe on third-party rights, or engage in any unauthorized commercial activities.

Our liability is limited as follows: **Platform "As Is"**: The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. **Liability Caps**: To the maximum extent permitted by law, Shiftlify's total liability for any claims arising from your use of the Platform shall not exceed the fees paid by you in the twelve months preceding the claim. **Exclusions**: We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption, even if we were advised of the possibility of such damages. **Force Majeure**: We are not liable for failures or delays caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet/telecommunications failures.

Account termination may occur as follows: **User-Initiated Termination**: You may close your account at any time by contacting us or using the account settings. Closing your account does not release you from obligations for confirmed shifts or any outstanding contractual commitments. **Platform-Initiated Termination**: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, pose a safety risk, or for other legitimate business reasons. We will generally provide notice and an opportunity to cure minor violations. **Effect on Data**: Upon termination, your access to the Platform will cease. We retain certain data as required by law and as described in our Privacy Policy. **Survival**: Provisions regarding intellectual property, limitation of liability, dispute resolution, and any other provisions that by their nature should survive termination will remain in effect.

Disputes shall be resolved as follows: **Governing Law**: These Terms are governed by the applicable laws of the European Union. **Jurisdiction**: Any disputes arising from these Terms or your use of the Platform shall be subject to the jurisdiction of the competent courts within the European Union. **Informal Resolution**: Before initiating formal proceedings, parties agree to attempt to resolve disputes informally by contacting us at support@shiftlify.io. We will attempt to resolve the matter within 30 days. **Mediation Option**: If informal resolution fails, either party may propose mediation. Mediation costs shall be shared equally unless otherwise agreed.

The following general provisions apply: **Severability**: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable. **Entire Agreement**: These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and Shiftlify regarding the Platform. **Amendment Procedures**: We may modify these Terms at any time by posting updated Terms on the Platform. Material changes will be notified via email or prominent notice. Continued use after changes constitutes acceptance. **Assignment**: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction. **No Waiver**: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

For questions about these Terms or the Platform, please contact us: **General Inquiries** Email: contact@shiftlify.io **Legal Notices** MELIORAPPS INTERACTIVE SRL Attn: Legal Department Mihail Sadoveanu 20/1 Chisinau, MD-2044 Moldova Email: contact@shiftlify.io We aim to respond to all inquiries within 5 business days.