Terms of Service

1. Acceptance of Terms

By creating an account or using SafeShift (the "Service"), you agree to these Terms of Service ("Terms"). If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms. If you do not agree, do not use the Service.

2. Description of Service

SafeShift provides employee scheduling, break-compliance tracking, automated reminders, meal break waiver recordkeeping, and compliance documentation software. The Service is a software tool designed to assist employers in organizing and documenting break schedules and related records.

3. Not Legal Advice

SafeShift is a software company, not a legal services provider. The Service is designed to help employers document and manage break schedules — it is not a substitute for legal counsel. Nothing generated by the Service — including reports, violation records, compliance summaries, or waiver documents — constitutes legal advice.

You should consult a licensed attorney for guidance on your specific legal obligations under federal, state, and local labor laws.

4. No Guarantee of Compliance

SafeShift is designed to assist with documenting break schedules and tracking records. However, we do not guarantee that use of the Service will result in full compliance with any federal, state, or local labor law, break law, wage-and-hour regulation, or any other employment regulation.

• Labor laws vary by jurisdiction and change over time
• Break rule configuration is the employer's responsibility
• The Service reflects rules as configured — not necessarily what the law requires for your specific situation
• Court-readiness of records depends on specific facts and applicable law

5. Employer Responsibilities

As the employer or account holder, you are responsible for:

• Reviewing and complying with all applicable labor laws in your jurisdiction
• Configuring the Service accurately, including break rules, employee records, and schedules
• Ensuring employees are informed of their break rights under applicable law
• Verifying that records generated by the Service accurately reflect your workplace
• Ensuring accurate POS and schedule data is entered into the system
• Consulting a licensed attorney when needed
• Obtaining and documenting proper employee consent for all communications

6. Employee Data and SMS Consent

If you use the Service to send SMS break reminders or notifications to employees:

• You are responsible for obtaining proper, explicit SMS opt-in consent before enabling SMS for any employee
• You represent that your use of employee data complies with applicable privacy and labor laws
• SafeShift sends SMS on your behalf as your data processor — the content and recipients are your responsibility
• Message and data rates may apply. Employees may opt out at any time by replying STOP
• You must not use the Service to send unauthorized, harassing, or unlawful messages

7. POS Integration

By connecting a point-of-sale system (Square, Toast, or other) to your SafeShift account, you authorize SafeShift to access relevant employee roster, scheduling, and labor data from that system solely to provide the Service. You represent that you have the right to authorize this data access and that your use of that data in SafeShift complies with your agreements with the POS provider.

8. Reports, Logs, and Records

Compliance reports, violation summaries, break logs, waiver records, and other outputs generated by SafeShift are informational records for documentation purposes. They may support your legal preparation or compliance efforts, but:

• They are not guaranteed to be admissible in any court or legal proceeding
• They are not legal advice, legal opinions, or formal compliance certifications
• Their accuracy depends on the accuracy of data entered into the Service
• The presence of a record in SafeShift does not confirm that a break occurred or was legally valid

Meal break waiver workflows are software recordkeeping tools. Whether a waiver is legally valid and enforceable depends on specific facts, applicable law, the manner of consent, and other factors outside the Service's control. Consult legal counsel regarding waiver enforceability.

9. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Enter false, inaccurate, or misleading data about employees, schedules, or breaks
• Circumvent or attempt to circumvent security controls
• Access data belonging to other tenants or accounts
• Resell, sublicense, or white-label the Service without written authorization
• Use the Service to harass, unlawfully surveil, or discriminate against employees
• Send unsolicited or unauthorized communications to employees
• Reverse-engineer, decompile, or extract proprietary components of the Service

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREAKGUARD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, OUR AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO BREAKGUARD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the fullest extent permitted by law.

11. Third-Party Services

The Service relies on third-party providers including Twilio (SMS), Stripe (billing), Square, Toast, Cloudflare (file storage), Render (hosting), and Anthropic (AI screenshot import). SafeShift is not liable for disruptions, errors, data loss, or service changes caused by these third-party services. Each provider's own terms and privacy policies apply to their services.

12. Subscriptions, Billing, and Plan Changes

SafeShift offers monthly and annual subscription plans. Plan pricing is based on the number of compliance-tracked employees — employees actively monitored for break compliance in your account (excludes exempt employees and employees in archived locations).

Free Trial

New accounts receive a 14-day free trial. Trial access is subject to the employee count limits of the Core plan. At the end of your trial, a subscription is required to continue using the Service. If no payment method is added, access to managed features will be suspended until a subscription is activated.

Monthly Plans — High-Water Mark Billing

Monthly subscriptions are billed on a high-water mark (HWM) at cycle end basis. We do not issue mid-cycle charges or credits when your compliance-tracked employee count changes during a billing period. At the end of each billing cycle, we determine the highest employee count (HWM) reached during that period and adjust your plan tier for the following cycle accordingly. If your HWM during the closed period places you in a higher or lower tier, your subscription will be repriced at the start of the next cycle.

Annual Plans — Peak-Based Renewal

Annual subscriptions are billed upfront for the full year at the plan tier active at the time of subscription or most recent renewal. We do not issue mid-cycle invoices for plan tier changes on annual subscriptions. Instead, we track your annual peak tier — the highest plan tier your compliance-tracked employee count has sustained for 3 or more consecutive days at any point during your annual cycle. At renewal, your subscription is repriced to reflect this annual peak tier. You will receive advance notice of any renewal price change approximately 30 days before your renewal date.

Downgrades

• Monthly: if your HWM for a completed cycle is below your current tier, your subscription will be repriced downward at the start of the next cycle.
• Annual: downgrades take effect at renewal — your current annual plan remains in effect for the remainder of the paid year, regardless of employee count reductions during that period.
• Downgrade notifications are sent by email when a tier change is detected.

Auto-Renewal

Subscriptions renew automatically unless cancelled before the renewal date. Annual subscriptions will renew at the tier determined by your annual peak (described above). You may cancel at any time via your account settings or by contacting support. Cancellation takes effect at the end of the current billing period — no refunds are issued for unused time.

13. Termination

Either party may terminate the account at any time. Upon termination, your right to access the Service ends. Data retention and deletion practices are described in our Privacy Policy.

We reserve the right to suspend or terminate accounts for violation of these Terms, non-payment, or any other reason at our sole discretion, with reasonable notice where practicable.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via in-app notice or email. Continued use of the Service after updated Terms take effect constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts located in [TODO — add county/city], California.

16. Contact

• General support: support@breakshield.com
• Legal inquiries: legal@breakshield.com
• Mailing address: [TODO — add registered business address]

17. Related Documents

For our data practices and focused legal disclaimers, see: