1. Agreement to these terms
These Terms of Service (“Terms”) are an agreement between you and Powertech IT Services Inc. (“Powertech”, “we”, “us”). By using the Services, you agree to these Terms. If you use the Services on behalf of a business, you agree to them for that business and confirm you have authority to do so. If you don't agree, don't use the Services.
2. Eligibility and accounts
- You must be at least 13 years old and old enough to work where you live to use ShiftBuddy.
- Give accurate information and keep it up to date.
- Keep your password confidential. You are responsible for activity on your account. Tell us right away at hello@powertechapps.com if you think someone else has accessed it.
- Employee accounts are created or invited by a store, and the store can remove you from it.
3. ShiftBuddy
ShiftBuddy is a staff scheduling and team management tool. Stores use it to build schedules (by hand or with AI suggestions), track check-ins and hours, assign tasks, and manage time off. AI-generated schedules are suggestions: the store is responsible for reviewing them before publishing. We may add, change or remove features to improve the Services.
4. Store responsibilities
If you use ShiftBuddy as a store owner or manager, you are responsible for:
- Having the right to add your employees and their information, and telling them how you use ShiftBuddy, including check-in location and photos.
- Complying with employment, wage-and-hour, scheduling, recordkeeping and privacy laws that apply to your business. ShiftBuddy is a tool, not legal, payroll or HR advice.
- Checking hours, pay and schedule data before using it for payroll or other decisions.
- The actions of people you give manager or owner access to.
5. Acceptable use
You agree not to:
- Break the law, or use the Services to harass, discriminate against or harm anyone.
- Upload content that is illegal, infringing, sexually explicit or violent, or that contains malware.
- Access accounts or data you aren't authorized to access, or try to bypass security or role permissions.
- Falsify check-ins, locations or photos.
- Reverse engineer, copy, resell or overload the Services, or scrape them with automated tools.
6. Your content
You (or your store) own the information, photos and other content you put into the Services (“Your Content”). You give us a limited license to host, store, process, display and transmit Your Content only to provide, secure and improve the Services for you, as described in the ShiftBuddy Privacy Policy. You confirm you have the rights needed to share Your Content with us.
7. Fees
Some features or plans may be paid. Prices, billing terms and any free trial will be shown before you buy. If you buy through the Apple App Store or Google Play, their payment and refund terms apply to that purchase. We will give you notice before changing the price of a paid plan you are on.
8. Privacy
Our ShiftBuddy Privacy Policy explains what we collect and how we use it. You can delete your ShiftBuddy account at any time; see how to delete your account.
9. Our intellectual property
The Services, including the software, design, logos and the names “Powertech” and “ShiftBuddy”, belong to Powertech and are protected by law. We give you a personal, revocable, non-exclusive, non-transferable license to use the Services under these Terms. If you send us feedback, we may use it without any obligation to you.
10. Third-party services
The Services rely on third-party providers (such as hosting, email, push notifications and AI services) and may link to third-party sites. We aren't responsible for third-party services we don't control.
11. Apple and Google app stores
If you download ShiftBuddy from the Apple App Store or Google Play:
- These Terms are between you and Powertech only, not Apple or Google. Powertech, not Apple or Google, is responsible for the app, its content, maintenance, support, and any claims relating to it (including product liability, legal compliance and intellectual property claims).
- Your use of the app must also follow the app store's own terms of use.
- Apple and Google have no obligation to provide maintenance or support for the app. If the app fails to meet an applicable warranty, you may notify Apple, which may refund the purchase price (if any); to the extent allowed by law, Apple has no other warranty obligation.
- You confirm you are not located in a country subject to a US government embargo and are not on any US government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
12. Client services
Custom software, AI and ServiceNow consulting work for clients is governed by the separate written agreement signed for that engagement. If that agreement conflicts with these Terms, the signed agreement controls. Information on our website is general and is not an offer.
13. Suspension and termination
You can stop using the Services and delete your account at any time. We may suspend or end your access if you break these Terms, if required by law, or to protect the Services or other users. Where reasonable, we will give notice first. Sections that by their nature should survive (such as ownership, disclaimers, limitation of liability and governing law) survive termination.
14. Disclaimers
The Services are provided “as is” and “as available”. To the fullest extent allowed by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise the Services will be uninterrupted, error-free, or that schedules, hours, locations or notifications will always be accurate or delivered.
15. Limitation of liability
To the fullest extent allowed by law, Powertech will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or wages, arising from your use of the Services. Our total liability for any claim relating to the Services is limited to the greater of the amount you paid us for the Services in the 12 months before the claim, or US $100. Some places don't allow these limits, so they may not fully apply to you.
16. Indemnity
If you use the Services for a business, you will defend and indemnify Powertech against claims, losses and costs (including reasonable legal fees) arising from your content, your breach of these Terms, or your violation of law or of the rights of others, including your employees.
17. Governing law and disputes
These Terms are governed by the laws of [STATE], United States, without regard to its conflict-of-law rules. Before filing a claim, please contact us at hello@powertechapps.com so we can try to resolve it informally. Any dispute that isn't resolved will be decided in the state or federal courts located in [STATE], and you and Powertech consent to their jurisdiction. Nothing here limits rights you have under consumer protection laws where you live.
18. Changes to these terms
We may update these Terms. We will change the effective date above and, for material changes, give notice in the app, by email or on this site before they take effect. Continuing to use the Services after that means you accept the updated Terms.
19. General
These Terms, with the policies they reference, are the entire agreement between you and Powertech about the Services. If any part is unenforceable, the rest stays in effect. If we don't enforce a right, we don't waive it. You may not transfer these Terms without our consent; we may transfer them in a merger, acquisition or sale of assets.
20. Contact
Powertech IT Services Inc.
[Registered business address]
Email: hello@powertechapps.com