These Terms of Service (“Terms”) govern your use of the ShiftServer workforce scheduling platform (“Service”) operated by Concept One Solutions, LLC (“Company,” “we,” “us,” or “our”), a Florida limited liability company. By accessing or using the Service, you agree to these Terms.
1. The Service
ShiftServer is a multi-tenant software-as-a-service platform that enables businesses (“Employers”) to manage employee scheduling, time and attendance, time-off requests, shift swaps, and related workforce operations. Employees and managers access the Service under the authorization and account of their Employer.
2. Accounts and Eligibility
You must be at least 16 years of age to use the Service. Employer accounts are created by the business owner or an authorized representative. Employee accounts are activated via an invitation issued by the Employer. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
3. Employer Responsibilities
Employers are responsible for: (a) ensuring they have the legal right to collect and process employee data they enter into ShiftServer; (b) obtaining any required employee consent for data collection and SMS notifications; (c) complying with applicable labor, employment, and data protection laws; and (d) the accuracy of schedules, timecard records, and other data they manage within the Service.
4. SMS Notification Program
Program description
ShiftServer offers an opt-in SMS notification program that delivers workforce-related alerts to employees and managers. Messages include shift assignments, schedule publication notices, time-off request decisions, shift swap confirmations, and shift reminders.
Consent and opt-in
By providing your mobile phone number during account registration and agreeing to receive SMS messages, you consent to receive text messages from ShiftServer. You may also opt in by texting START to a ShiftServer phone number.
Message frequency and costs
Message frequency varies based on your work schedule and employer activity. You may receive multiple messages per week. Message and data rates may apply. Check with your mobile carrier for applicable rates.
Opt-out
You may opt out of SMS messages at any time by replying STOP to any ShiftServer text message. You will receive a single confirmation message and no further messages will be sent to that number. To re-subscribe, text START.
Help
Reply HELP to any ShiftServer text message for assistance. You may also contact us at josevargas@conceptonesolutions.com.
Supported carriers
Carriers are not liable for delayed or undelivered messages. SMS program availability may vary by carrier and device.
5. Subscription and Billing
Employer accounts are billed on a per-location, per-month basis according to the plan selected at signup. Billing is processed through Stripe, Inc. By subscribing, you authorize Concept One Solutions, LLC to charge your payment method on a recurring basis. Subscriptions automatically renew unless cancelled before the renewal date. Trial periods, if offered, convert to paid subscriptions at the end of the trial unless cancelled. Cancellation takes effect at the end of the current billing period. Refunds are not provided for partial billing periods except as required by applicable law.
6. Acceptable Use
You agree not to: (a) use the Service for any unlawful purpose; (b) transmit harassing, abusive, or fraudulent content; (c) attempt to gain unauthorized access to any part of the Service or another user’s account; (d) reverse-engineer, decompile, or disassemble the Service; (e) use the Service to send unsolicited commercial messages; or (f) violate any applicable laws or regulations.
7. Data and Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Employers act as data controllers for employee data processed within their ShiftServer account; Concept One Solutions, LLC processes that data as a data processor on their behalf.
8. Intellectual Property
The ShiftServer platform, including its software, design, trademarks, and content, is owned by Concept One Solutions, LLC and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service as provided herein. You retain ownership of data you upload to the Service.
9. Availability and Modifications
We strive to maintain Service availability but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable advance notice of material changes where practicable.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONCEPT ONE SOLUTIONS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE.
12. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any disputes shall be resolved in the courts of Escambia County, Florida, and you consent to the personal jurisdiction of those courts.
13. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms with a revised effective date. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.
14. Contact Us
Concept One Solutions, LLC
Pensacola, Florida
Email: josevargas@conceptonesolutions.com