Terms of Service

Welcome to ShiftRobin. These Terms of Service ("Terms") govern your use of the ShiftRobin website and platform (the "Service"), operated by ShiftRobin ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, don't use the Service.

1. What ShiftRobin does

ShiftRobin is a priority-weighted SMS dispatch tool for filling open shifts. You upload a roster of workers, create a shift, and we contact eligible candidates one at a time by text message until the shift is filled. We are not a scheduling system, a payroll provider, an employer, or a labor marketplace. We are infrastructure between you and people who already work for you.

2. Who can use it

• You must be at least 18 years old.
• You must be using the Service for legitimate business purposes — your own organization's shift coverage, not for third-party recruitment, telemarketing, or any form of unsolicited mass messaging.
• You must have authority to bind the organization you're signing up on behalf of.
• The Service is offered in the United States and Canada (excluding Quebec at this time — see the Quebec section below).

3. Your account

• You're responsible for keeping your password and any other credentials secure.
• You're responsible for anything done through your account, including actions by users you invite.
• You agree to provide accurate information at signup and to keep it current. If you tell us your billing address is outside Quebec and then later operate from Quebec, that's a material breach.
• Notify us promptly if you suspect unauthorized access.

4. Worker consent — your responsibility

You are the sender. For every shift-offer SMS dispatched from your roster, you — not ShiftRobin — are the "sender", "caller", and "initiator" for purposes of the Telephone Consumer Protection Act (47 U.S.C. § 227 and 47 C.F.R. § 64.1200) in the United States and Canada's Anti-Spam Legislation (S.C. 2010, c. 23, including § 6 and § 10(13)) in Canada. ShiftRobin acts as your messaging service provider under your direction. Every message identifies you in the leading prefix ("ShiftRobin for [Your Organization]: ...") so the recipient knows who initiated it.

For every worker you add to your roster, you represent and warrant that:

• You obtained express prior consent from that person to receive shift-offer SMS messages from your organization via ShiftRobin before adding them. Acceptable forms: (a) verbal or written consent collected outside the platform — select "Admin confirmed" at add time, you attest as part of the act of selecting it; or (b) the worker's YES reply to ShiftRobin's confirmation SMS — select "Double opt-in" and we collect the consent for you and time-stamp it.
• If you are unsure whether prior consent was given, you will use Double opt-in. Picking "Admin confirmed" without consent is a material breach and a violation of TCPA / CASL.
• The phone number you provide is currently assigned to that worker. If you have reason to believe the number has been reassigned to a different person, you will remove the worker from your roster immediately and stop instructing us to dispatch to that number.
• You will retain documented proof of consent (the conversation log, signed form, recorded call, or equivalent) for at least four (4) years from the date of consent, and you will produce it within a reasonable time on request from us, the worker, a carrier, or a regulator.
• You will use the phone number only for dispatch within the scope of these Terms — not for marketing, recruitment outside your existing workforce, or any purpose prohibited by Section 5.

We honor STOP / ARRET / HELP / AIDE / INFO replies automatically and notify you when a worker has opted out. From that point forward you must not re-add that worker without a new, freshly-collected express consent. Re-adding an opted-out worker without new consent is a serious violation and will result in account suspension.

5. Acceptable use

You agree not to use the Service to:

• Send messages to anyone who hasn't consented to receive them from you;
• Send marketing, promotional, political, or fundraising content (this is a dispatch tool, not a marketing platform);
• Send anything illegal, threatening, harassing, defamatory, fraudulent, or otherwise objectionable;
• Attempt to reverse-engineer, scrape, probe, or stress-test the platform beyond normal use;
• Resell or repackage the Service without a written agreement;
• Circumvent regional restrictions (see the Quebec section).

We may suspend or terminate accounts that violate this section without notice. Carrier complaints (high STOP rates, spam reports) are a fast lane to suspension because they damage deliverability for every other operator on the platform.

6. Quebec

ShiftRobin does not support operators based in Quebec or dispatch to workers with Quebec phone numbers (NPAs 367, 418, 438, 450, 514, 579, 581, 819, 873). Quebec's Charter of the French Language (Law 25 / Bill 96) requires full French-language compliance that ShiftRobin does not provide. Signing up while operating in Quebec, or using the Service to dispatch to Quebec workers after agreeing not to, is a material breach.

7. Billing

• Pay-as-you-go is the default. Charges accrue to your in-app account balance as you fill shifts ($2.50 per placement). You top up the balance via credit card in increments you choose; minimum top-up is $20.
• Subscription tiers (Starter, Pro) are monthly. Subscription charges prorate by day; cancelling stops further accrual but doesn't refund the current period.
• Top-up payments are non-refundable once placed. Unused credit remains on your account until consumed or until your account is closed (after which it expires per applicable law).
• If your balance reaches zero, the Service will refuse to dispatch new shifts until you top up.
• SMS, card processing, and other third-party fees are passed through at cost or rolled into the pricing as disclosed at signup. We're not in the business of arbitraging underlying carrier costs.
• Taxes (GST/HST/PST/state sales tax) are added at checkout based on your billing address.

8. Intellectual property

We own the ShiftRobin platform, software, name, and trademarks. You own your data — your roster, your shifts, your dispatch history, your messages. We process your data only to provide the Service and as described in our Privacy Policy.

9. Service availability

We aim for high availability but don't promise zero downtime. We may perform maintenance, deploy changes, or experience outages — particularly during alpha. Carrier-level filtering and SMS deliverability are outside our direct control and best-effort.

10. Termination

You may close your account at any time via the in-app settings. We may terminate or suspend an account for: (a) material breach of these Terms; (b) unpaid balance after reasonable notice; (c) carrier-level abuse complaints; (d) legal requirement. On termination, your right to use the Service ends; we retain data as described in the Privacy Policy.

11. Disclaimers and liability

The Service is provided "as is" and "as available". We disclaim all warranties to the maximum extent permitted by law — fitness for a particular purpose, merchantability, non-infringement, and any implied warranty.

To the maximum extent permitted by law, our total liability to you for any claim arising from your use of the Service is limited to the greater of: (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $100. We aren't liable for indirect, consequential, incidental, or punitive damages — lost profits, lost goodwill, lost data, business interruption, etc.

Some jurisdictions don't allow these limitations. In that case, our liability is limited to the maximum extent the law allows.

The liability cap in this section does not apply to your indemnification obligations to us under Section 12. Your duty to defend and indemnify us is uncapped.

12. Indemnification

You agree to defend, indemnify, and hold harmless ShiftRobin and its officers, employees, contractors, agents, and affiliates from and against any claim, action, proceeding, loss, damage, fine, penalty, settlement, judgment, or expense — including reasonable attorneys' fees, litigation costs, expert fees, and the costs of responding to subpoenas or regulatory investigations — that any third party brings, threatens, or files, arising from or related to:

• Your use of the Service in violation of these Terms or any applicable law, including the Telephone Consumer Protection Act, CAN-SPAM, the Junk Fax Prevention Act, California's Consumer Privacy Act / Consumer Privacy Rights Act, Canada's Anti-Spam Legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA), or any state, provincial, or municipal consumer-protection, privacy, or messaging statute or regulation;
• Any failure to obtain, document, or honor valid worker consent, including any claim arising from "Admin confirmed" attestation without actual consent, reassigned-number contact, or re-adding an opted-out worker;
• Any claim arising from your attestation that a worker with a Quebec area code is not being dispatched to shifts in Quebec and that you are not operating in Quebec, including any investigation, complaint, fine, or order from the Office québécois de la langue française (OQLF), any claim under the Charter of the French Language (Bill 96 / Law 25), or any related provincial-law enforcement — whether the attestation was made on the platform or by inference from your continued use of the Service with a Quebec-area-code worker on your roster;
• Any class-action or representative claim by workers, recipients, carriers, or regulators (including the FCC, CRTC, FTC, state attorneys general, or the Office of the Privacy Commissioner of Canada) relating to messages dispatched on your behalf;
• Inaccurate information you provided to us, including misrepresenting your country, province or state, postal code, industry, or whether you operate in Quebec;
• Any content you upload, instruct us to send, or include in info-packets or other message bodies;
• Any violation of a third party's intellectual-property, privacy, or publicity rights through your use of the Service.

We may, at our sole option and at your expense, assume the exclusive defense and control of any claim subject to indemnification, with counsel of our reasonable selection. If we assume control, you will cooperate fully, including in providing documents, declarations, and witness availability. You may not settle, compromise, or consent to entry of judgment on any claim that affects ShiftRobin or imposes any obligation on us without our prior written consent.

Your indemnification obligations under this Section 12 are not subject to the liability cap in Section 11, survive termination of these Terms and closure of your account, and apply regardless of the form of action (contract, tort, statute, or otherwise).

13. Governing law

These Terms are governed by the laws of the Province of Ontario, Canada (excluding conflict-of-laws principles). Any dispute that isn't resolved informally goes to the courts of Ontario, Canada, and you consent to that jurisdiction. If you're in a jurisdiction with mandatory consumer-protection venue rules that override this, those rules apply instead.

14. Changes

We may update these Terms. If we make material changes, we'll notify you by email or in-app notice at least 14 days before they take effect. Continued use after the effective date is your acceptance of the updated Terms.

15. Contact

Questions? Email hello@shiftrobin.com.