ShiftSideKick Terms of Service

1. The Service

ShiftSideKick is workforce-management software designed to help businesses manage everyday team operations such as employee scheduling, time records, availability, time-off and workforce requests, open shifts, shift coordination, and multi-location workforce management, as those features are implemented in the product.

Feature availability depends on the plan and the current product. Marketing descriptions do not guarantee that every illustrated capability will remain unchanged forever.

2. Accounts and Organizations

ShiftSideKick is intended for business customers.

You must provide accurate account information and keep credentials secure.

The person who creates or administers an organization account represents that they have authority to bind the customer organization to these Terms.

You are responsible for activity under your organization’s accounts and for promptly notifying Nebijane of suspected unauthorized access.

3. Authorized Users

Customers may invite managers, employees, and other authorized workforce users as permitted by the product.

Customers are responsible for:

• assigning appropriate permissions;
• ensuring users comply with these Terms; and
• the information entered about their workforce.

4. Free and Paid Service

ShiftSideKick may offer a Free plan and one or more paid plans.

The Free plan has no subscription charge and does not require a credit card.

Paid plans are billed according to the pricing and interval selected at purchase. Nebijane does not invent or change published prices through these Terms; the amounts shown in ShiftSideKick at checkout control.

All plans include unlimited locations. Plans scale primarily by active Employee capacity.

5. Recurring Subscriptions and Renewal

Paid plans are recurring subscriptions billed in advance on the billing interval selected at purchase. The price and billing interval are shown before you confirm a purchase.

Paid subscriptions automatically renew for the same billing interval until canceled.

By purchasing a paid subscription, you authorize Nebijane and its payment processor to charge the payment method provided for each renewal period until the subscription is canceled.

Nebijane uses third-party payment processors such as Stripe for paid subscriptions.

6. Cancellation

Customers may cancel using the available ShiftSideKick billing or customer portal, or by contacting Nebijane through the Contact page.

Cancellation generally takes effect at the end of the current paid billing period. The customer retains paid access through the paid-through date. To avoid being charged for the next billing period, cancel before the renewal date.

Cancellation does not itself create a prorated refund and does not itself delete organization data.

Where current product behavior supports it, the organization transitions to the applicable Free-plan state after the paid term.

7. Billing Policy

The Billing, Cancellation & Refund Policy forms part of these Terms.

In summary:

• paid charges are generally non-refundable once a billing period has begun;
• there is no prorated refund merely for mid-period cancellation;
• Nebijane investigates duplicate, erroneous, or other appropriate billing issues;
• refunds required by law are honored; and
• Nebijane does not offer a general money-back guarantee.

8. Plan Changes

Plan changes may affect charges.

Where possible, applicable pricing or proration is shown before confirmation.

Downgrades and cancellations may take effect at the next billing period, and plan capacity rules continue to apply.

9. Taxes

Applicable taxes may be charged where required.

Future pricing changes apply prospectively, subject to applicable notice requirements.

Special trials, discounts, or promotions are governed by the terms shown with that offer.

10. Acceptable Use

You agree not to:

• use ShiftSideKick unlawfully or for fraudulent purposes;
• interfere with the security or integrity of the service;
• attempt unauthorized access to other customers’ data;
• upload malware or abusive content;
• misrepresent your identity or authority in a material way; or
• resell or misuse the service except as expressly permitted.

11. Customer and Workforce Data

As between Nebijane and the customer, the customer retains its rights in Customer Data submitted to ShiftSideKick.

Nebijane processes Customer Data to provide the service, support customers, secure the platform, bill subscriptions, and comply with law.

Customers are responsible for the lawfulness of workforce data they enter and for providing any required notices to workers.

12. Privacy

Use of ShiftSideKick is also subject to the ShiftSideKick Privacy Notice.

13. Intellectual Property

Nebijane and its licensors own ShiftSideKick, including software, branding, documentation, and related intellectual property.

Subject to these Terms, Nebijane grants customers a limited, non-exclusive, non-transferable right to use ShiftSideKick during the subscription or Free-plan term for the customer’s internal business purposes.

No rights are granted except as expressly stated.

14. Service Changes and Availability

Nebijane may improve, modify, or discontinue features as the product evolves.

Nebijane does not currently publish a formal uptime SLA for ShiftSideKick on this website.

We aim to keep the service available and reliable, but temporary interruptions may occur.

15. Third-Party Services

ShiftSideKick may rely on third-party services such as hosting providers and payment processors.

Third-party services are subject to their own terms and privacy practices. Nebijane is not responsible for third-party services it does not control, except as required by law.

16. Suspension and Termination

Nebijane may suspend or terminate access for material breach, unlawful use, security risk, nonpayment, or other misuse.

Unresolved payment failures may result in limited or suspended paid access. Data is not promised to be immediately deleted solely because one payment fails.

Either party may terminate as permitted by these Terms and applicable law.

17. Disclaimers

To the maximum extent permitted by law, ShiftSideKick is provided “as is” and “as available.”

Nebijane does not warrant that the service will be uninterrupted, error-free, or fit for every particular purpose.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Nebijane will not be liable for indirect, incidental, special, consequential, cover, or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or related to ShiftSideKick or these Terms.

To the maximum extent permitted by applicable law, Nebijane’s aggregate liability arising out of or related to ShiftSideKick or these Terms will not exceed the amounts paid by the customer to Nebijane for ShiftSideKick during the twelve (12) months before the event giving rise to the claim.

Nothing in these Terms limits liability where limitation is prohibited by law.

19. Indemnification

To the extent permitted by law, the customer agrees to defend and indemnify Nebijane against third-party claims arising from:

• Customer Data;
• the customer’s unlawful use of ShiftSideKick; or
• the customer’s violation of these Terms,

except to the extent caused by Nebijane’s willful misconduct or where prohibited by law.

20. Governing Law and Disputes

These Terms and any dispute arising out of or relating to ShiftSideKick will be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any dispute that is not otherwise resolved informally will be brought in a court of competent jurisdiction in Florida, unless applicable law requires otherwise.

These Terms do not impose arbitration.

Nothing in this section limits rights or remedies that cannot lawfully be waived or restricted.

21. Changes to These Terms

We may update these Terms as ShiftSideKick and applicable requirements change.

When we make material changes, we will update the effective date and, where appropriate, provide additional notice.

Continued use after updated Terms become effective constitutes acceptance to the extent permitted by law.

22. Contact

Nebijane LLC

For questions about these Terms or ShiftSideKick billing, use the Nebijane Contact page.

Related documents:

• Billing, Cancellation & Refund Policy
• ShiftSideKick Privacy Notice
• Nebijane Website Terms of Use