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Terms of Service

Last updated: October 21, 2024

1. Acceptance of Terms

By accessing or using ShiftPilot ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and ShiftPilot.

We reserve the right to modify these Terms at any time. Material changes will be notified by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Description of Service

ShiftPilot is a web-based scheduling platform designed for healthcare facilities, hospitals, and clinics to manage work schedules, assignments, and related administrative functions. The Service includes features for schedule generation, assignment management, calendar synchronization, reporting, and administrative tools.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials or to comply with this section.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable local, state, national, or international law or regulation
  • Infringe upon the rights of others, including intellectual property rights
  • Transmit any malicious code, viruses, or harmful data
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service to send spam, unsolicited messages, or harass others
  • Impersonate any person or entity or misrepresent your affiliation
  • Collect or harvest information about other users without their consent
  • Use automated systems to access the Service without authorization
  • Reverse engineer, decompile, or disassemble any portion of the Service

5. User Content and Data

5.1 Ownership

You retain ownership of any data, information, or content you submit, post, or display through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving the Service.

5.2 Responsibility

You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that you have all necessary rights to grant the license described above and that your User Content does not violate any third-party rights or applicable laws.

5.3 Data Accuracy

You are responsible for ensuring the accuracy and completeness of data entered into the Service. We are not responsible for errors, omissions, or inaccuracies in User Content.

6. Intellectual Property

The Service and its original content, features, and functionality are owned by ShiftPilot and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

7. Third-Party Services

The Service may integrate with third-party services, such as Google Calendar. Your use of such third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

8. Service Availability

We strive to maintain the availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will meet your requirements, achieve any intended results, be compatible with other software or services, operate without interruption, or be error-free. We do not guarantee the accuracy, completeness, or usefulness of any information provided through the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHIFTPILOT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless ShiftPilot and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another party.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Arbitration Act (Ontario), except where prohibited by law. The arbitration shall be conducted in Toronto, Ontario, Canada.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ShiftPilot regarding the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

15. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

ShiftPilot

Email: info@shiftpilot.ca

Website: https://shiftpilot.ca