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, time tracking (mobile app, PIN kiosk, geofenced clock-in, or POS integration), break-compliance tracking, automated reminders, meal break waiver recordkeeping, payroll-ready hours and pay reporting, tip-management tools, and compliance documentation software. SafeShift is a documentation and recordkeeping tool only — it is designed to assist employers in organizing and documenting break schedules and related records. SafeShift does not supervise, physically enforce, or guarantee actual employee compliance with any break requirement. Employers, not SafeShift, are solely responsible for ensuring that employees receive legally required breaks and that actual workplace practices comply with applicable law.

Multi-state use. SafeShift supports employers in multiple states. Break rules, overtime profiles, and compliance features are configured per location's work state; features that implement a specific state's law (for example California meal/rest premiums, meal break waivers, or PAGA exposure estimates) apply only where that law does. You are responsible for compliance with the laws of every state where your employees work, including states where SafeShift provides only federal-baseline configuration.

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.

AI-assisted features. Some optional features (such as schedule screenshot import and HR notice drafting) use artificial intelligence to generate drafts or extract data. AI output is a starting point only: it may contain errors, it is not legal advice, and it is never sent to an employee or filed automatically. You are responsible for reviewing, editing, and approving any AI-generated content before using it, and for ensuring it is accurate and appropriate for your workplace. AI processing is performed by our subprocessor listed in the Privacy Policy; your data is not used to train AI models.

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
• PAGA exposure estimates shown in the Service are informational calculations based on data you enter — they are not audited amounts, legal opinions, or a determination of your actual PAGA liability

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 or HR system (Square, Toast, Clover, SpotOn, Shift4, PAR Brink, Tray, Gusto, or other) to your SafeShift account, you authorize SafeShift to access relevant employee roster, scheduling, labor, pay-rate, and declared-tip 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 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.

PAGA penalty estimates and compliance exposure figures generated by the Service are informational tools for internal planning only. They are calculated from data you enter and the break rules as configured in the Service — they do not represent SafeShift's legal determination of your actual liability or exposure. Actual PAGA penalties depend on factors including judicial interpretation, applicable exemptions, employee headcount calculations, and settlement negotiations, none of which SafeShift controls or assesses. Do not rely on any PAGA figure from the Service in legal proceedings without first reviewing it with qualified legal counsel.

9. Payroll Reports, Pay Tools, and Managed Payroll

Payroll-ready reports, gross-pay figures, overtime and break-premium calculations, tip distribution results, sick leave accruals, and similar pay outputs are informational computations derived from the time records in the Service and the settings you configure (pay rates, pay calendar, work state, tip policy). They are not a payroll of record, a wage statement, or tax advice. Before paying wages based on any SafeShift output, you are solely responsible for reviewing and approving it, and for the accuracy of the underlying data and settings.

• SafeShift does not move money, hold funds, remit wages or taxes, or act as employer of record
• Tip tools compute distributions under the policy you configure — you are solely responsible for the lawfulness of your tip policy under federal, state, and local law
• Pay calculations depend on punch data; missing, edited, or presumed time is surfaced for your review, and paying without resolving flagged issues is your decision
• SafeShift is not a tax advisor; consult your accountant or payroll provider for tax treatment of wages, tips, and premiums

Managed payroll service: if you subscribe to the managed payroll add-on, you direct SafeShift's payroll team to prepare and submit your approved payroll runs to your ADP account on your behalf. SafeShift staff act only on runs you have approved; you remain responsible for the accuracy of approved runs, for your relationship and agreements with ADP, and for all wages and taxes ultimately paid. ADP's own terms govern ADP's services. Fees for the managed payroll service — the monthly service fee, any one-time setup fee, and pass-through processing fees — are described in Section 13.

10. 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

11. Disclaimer of Warranties; Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY — INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAFESHIFT 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 SAFESHIFT 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.

12. Third-Party Services

The Service relies on third-party providers including Twilio (SMS and email), Stripe (billing), Square, Toast, Clover, SpotOn, Shift4, PAR Brink, Tray, and Gusto (POS/HR integrations), ADP (payroll processing under the managed payroll service), Cloudflare (file storage), Render (hosting), Expo (push notifications), 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.

13. Subscriptions, Billing, and Plan Changes

SafeShift uses seat-based subscription pricing. Your plan determines the maximum number of compliance-tracked employees (seats) you may have active at any time. All features are included on every plan tier — your tier only controls your seat limit.

Plan Tiers

• Starter — up to 10 seats: $69/mo ($55/mo billed annually)
• Growth — up to 30 seats: $179/mo ($143/mo billed annually)
• Pro — up to 75 seats: $379/mo ($303/mo billed annually)
• Enterprise — 76+ seats / multi-location: contact sales

Account Provisioning

New accounts are provisioned by the SafeShift team. Before activating a subscription, account owners may select their preferred plan tier from the Billing settings page. A subscription is required to access the Service; access is suspended if a subscription lapses or is cancelled.

Seat Enforcement

You may not activate more compliance-tracked employees than your plan's seat limit allows. If your seat limit is reached, adding or reactivating employees will be blocked until you upgrade your plan or archive / exempt existing employees. Exempt and archived employees do not consume seats.

Predictable Monthly Billing

Your monthly charge is fixed based on your current plan tier — it does not fluctuate with day-to-day changes in employee count within your seat limit. You are billed the same amount each cycle as long as you remain on the same plan and within your seat limit. Your plan does not change automatically; you control when and whether to upgrade or downgrade.

Upgrades — Immediate with Proration

You may upgrade your plan at any time from the Billing settings page. Upgrades take effect immediately:

• Your seat limit increases to the new tier's maximum immediately upon upgrade.
• A prorated charge is applied to your payment method for the remainder of the current billing period. The prorated amount is calculated as: (new monthly price − old monthly price) × remaining days in period ÷ total days in period.
• Starting from the next billing cycle, you are charged at the new tier's full rate.
• Annual plan upgrades: the prorated amount covers the remainder of your annual cycle at the higher tier.

Downgrades — Scheduled for Next Cycle

Downgrades are scheduled and take effect at the start of your next billing cycle:

• Your current plan and seat limit remain unchanged until the next billing cycle starts.
• No prorated credit or refund is issued for time remaining on your current plan.
• At the next cycle start, your plan changes and your seat limit is reduced to the new tier's maximum.
• If your active employee count at the time of the downgrade exceeds the new tier's seat limit, you must archive or exempt employees before adding new ones.
• You may cancel a scheduled downgrade at any time before it takes effect from the Billing settings page.
• Annual plans: downgrades are scheduled for the annual renewal date. You will receive advance notice approximately 30 days before renewal.

Annual Plan Renewals

Annual subscriptions are billed upfront for the full year. At renewal, the plan tier is determined by the following priority order:

• If you have scheduled a plan change (upgrade or downgrade), that plan takes effect at renewal.
• Otherwise, if your team sustained a higher tier for 3 or more consecutive days during the annual cycle, the subscription renews at that higher tier.
• Otherwise, the subscription renews at your current plan tier.

You will receive advance notice by email approximately 30 days before your annual renewal date showing the expected renewal tier and price. The subscription item is repriced approximately 7 days before the renewal date to match the renewal tier.

Auto-Renewal

Subscriptions renew automatically at the same plan tier unless you change your plan or cancel before the renewal date. Annual subscriptions renew at the plan tier determined by the priority 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, and no refunds are issued for unused time.

SMS Compliance Notifications — Optional Overage Add-on

Accounts may optionally enable SMS notifications as a consumption-based add-on. When enabled, SafeShift sends time-stamped SMS break reminders and compliance alerts to employees who have provided explicit SMS consent.

• Rate: $0.02 (2 cents) per SMS accepted by Twilio (status: sent or undelivered). Failed or errored messages are never counted or charged.
• Billing period: SMS usage is tallied over a rolling 30-day period and charged to your payment method on file at period end via Stripe.
• Budget cap: Owners may set a monthly SMS budget cap (number of messages). Once the cap is reached, SMS delivery is paused until the next period.
• Service controls: Owners control which services may send SMS — break violations, document alerts, and onboarding messages are each independently toggleable.
• Employee consent: SafeShift will only send SMS to employees who have explicitly opted in. Employees may opt out at any time by replying STOP.
• Disabling: Owners may disable the SMS add-on at any time from the Billing settings page. Disabling stops future charges but does not refund SMS already sent in the current period.

Managed Payroll Service — Fees

The managed payroll service (Section 9) is an optional add-on billed separately from your SafeShift subscription. Its fees consist of the following, each disclosed to you before you are charged:

• Monthly service fee: the amount quoted to you and shown at activation. Your activation click on the Billing page is your authorization to charge the payment method on file monthly until you cancel.
• One-time setup fee: if quoted, the amount is shown at activation and billed once on your first managed-payroll invoice. It is never charged again, including if you cancel and later reactivate the service.
• Pass-through processing fees: charges our payroll processor imposes for specific events you request or cause — for example amended tax filings, returned (NSF) payments, W-2 / 1099 reprints, wire transfers, physical check delivery, or off-cycle processing runs. These are passed through at the processor's then-current rates, appear as itemized lines with descriptions on your monthly managed-payroll invoice, and are only added when the underlying event actually occurs on your account.
• Cancelling: the service cancels at the end of the current billing period from the Billing page. Pass-through fees for events that occurred before cancellation may still appear on your final invoice.

14. 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.

15. 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.

16. Indemnification

You agree to defend, indemnify, and hold harmless SafeShift and its affiliates, officers, employees, and service providers from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, including your employment practices, wage-and-hour compliance, and treatment of employees; (b) any claim by an employee, contractor, or government agency relating to your workplace, pay practices, breaks, or records — including PAGA or class claims; (c) data you enter into or connect to the Service, including SMS consent and POS/HR integration authorization; (d) your violation of these Terms or of applicable law; or (e) content you approve or send using the Service, including AI-assisted drafts. SafeShift provides the recordkeeping software; the employment relationship and its legal obligations are yours.

17. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Use of the Service in other states does not change the governing law of these Terms; your own obligations to employees remain governed by the labor and employment laws of the states where they work.

18. Dispute Resolution and Arbitration

Informal resolution first. Before filing any claim, you agree to contact us at [email protected] and give us thirty (30) days to work in good faith to resolve the dispute informally.

Binding arbitration. Except as set out below, any dispute arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by final and binding arbitration administered by JAMS under its applicable rules, held in Ventura County, California (or conducted remotely by mutual agreement), before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or unauthorized access to the Service.

Class-action waiver. ALL DISPUTES SHALL BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim shall proceed in the courts identified above rather than in arbitration.

19. Contact

• General support: [email protected]
• Mailing address: TBD

Change History

• September 16, 2026 — Non-material update: the POS/HR integration lists in Sections 7 and 12 now name every connectable provider (added Clover, Shift4, and PAR Brink). No change to rights, obligations, or the effective date.
• August 21, 2026 — Added Managed Payroll Service fee terms to Section 13: the monthly service fee authorized at activation, an optional one-time setup fee disclosed at activation and billed once on the first invoice, and pass-through processing fees (amended filings, returned payments, W-2/1099 reprints, wires, delivery, off-cycle runs) itemized on the monthly invoice at the processor's then-current rates. Cross-reference added in Section 9.
• August 13, 2026 — Added an AI-assisted features paragraph (Section 3); an AS-IS disclaimer of warranties (Section 11); Indemnification (Section 16); Dispute Resolution and Arbitration, including a class-action waiver (Section 18); and a multi-state use paragraph (Section 2). Subsequent sections were renumbered.
• August 9, 2026 — Added Section 9 (Payroll Reports, Pay Tools, and Managed Payroll); expanded the Description of Service and POS/HR integration provisions to cover time tracking (kiosk, geofence), payroll-ready reporting, tip tools, and the Tray, SpotOn, and Gusto integrations; updated the third-party services list. Subsequent sections were renumbered.
• June 13, 2026 — Prior version.

20. Related Documents

For our data practices and focused legal disclaimers, see: