ShiftForce Subscription Agreement and Terms of Use

Welcome to ShiftForce!

Effective Date: May 1st, 2024

Link to last version of this agreement and terms of use, here

This Subscription Agreement ("Agreement") is a binding contract between ShiftForce, LLC, a Missouri limited liability company ("ShiftForce"), and you, including any entity or organization you represent ("you"). This Agreement governs your access to and use of the ShiftForce services, software, and online tools (collectively, "Services"). "ShiftForce", or sometimes “ShiftNote” as used in this document also includes any proprietary documents, materials, accompanying software, content, and documentation provided. "Users" are individuals authorized by you to access ShiftForce, each with unique account registration and login credentials. 

Acceptance of Terms: 

By clicking the acceptance button, registering an account, logging in, using, or accessing any part of the Services, you: 

  1. Expressly agree to and accept all terms of this Agreement. 
  2. Confirm that, if entering this Agreement on behalf of a company or legal entity, you have the authority to bind said entity. 
  3. Understand that if you do not agree with any part of this Agreement, you must not accept the Agreement and refrain from using any of the Services. 

  1. Product Terms

       a. Description of ShiftForce/ShiftNote

ShiftForce is a comprehensive platform designed to streamline communication and employee scheduling, offer a manager’s daily log, tasks lists, checklists, messaging, document storage, sales and budget forecasting, and a board for employees to request time off, swap shifts, and pick-up open shifts with manager approval. Crafted to meet the needs of restaurants, manufacturing, retail, and hotel businesses, ShiftForce facilitates enhanced productivity, better time management, and improved workforce management. As proprietary assets of ShiftForce and, where applicable, its licensors, the platform and its components are protected by intellectual property laws and treaties worldwide. Access to ShiftForce is provided to you under a license, and is not sold to you, ensuring that ShiftForce retains all rights not explicitly granted under this Agreement. This includes, but is not limited to, the rights to modify, update, and enhance the ShiftForce platform.  The integrated vendors, such as point of sale providers and telecommunications companies also modify, update and enhance their products from time to time. 

      b. Accounts

Upon your request, ShiftForce will issue one or more accounts (each, a “Customer User Account”) to you for use by one or more organizational users selected and authorized by you. You, when you open the Account, will, by default, be set up as the Administrator and will be provided with an Administrator account. This grants the capability to administer, maintain, and manage certain features of the ShiftForce SaaS Services.

It is the responsibility of the Administrator to identify and add other Administrators, referred to as Company Administrators, to the Customer account when and as needed. Both the original Administrator and any added Company Administrators take on equivalent responsibilities for the account management. You must ensure that authorized users (“Organizational Users”) only use the ShiftForce SaaS Services through the Account. Furthermore, the Customer will not allow any Organizational Users to share access to the Account with any other person.

This provision is designed to safeguard access to the ShiftForce platform, ensuring secure and appropriate use of its features and functionalities. By establishing you as the default Administrator and detailing the process for adding additional Company Administrators, ShiftForce aims to protect both the integrity of the service and the data within, while providing you with flexible control over their account management. ShiftForce is not responsible for managing Organizational User appointments or withdrawals, as that is your responsibility.

      c. License Grant

Upon your compliance with this Agreement and subsequent payment of all relevant Fees, ShiftForce grants you a limited number of non-exclusive, non-transferable user accounts as specified in your Order Form. These accounts enable access to ShiftForce solely for your internal business operations. Each user account is designated for a single individual and must not be shared among multiple users. Use of ShiftForce is restricted to your employees or contracted personnel, and you bear responsibility for their adherence to this Agreement. 

You are required to manage user accounts within your organization responsibly, including promptly removing access for users who are terminated or no longer affiliated with your company. 

     2. Use of Services

      a. Accessibility of ShiftForce

ShiftForce is committed to delivering a high level of service availability, striving to ensure that the core functionalities and features of ShiftForce are accessible to you and your Organizational Users over the internet with a target uptime of ninety-nine percent (99%) during our specified business hours (8:00AM to 6:00PM Central Time, excluding holidays). 

We recognize the importance of continuous access to our services. However, to maintain the integrity and performance of ShiftForce, scheduled maintenance or urgent repairs may occasionally necessitate downtime. In such instances, ShiftForce pledges to, where time allows: 

  • Provide you with a minimum of twenty-four (24) hours' notice for scheduled maintenance activities. 
  • Limit the impact on service availability by scheduling planned downtime outside of peak usage hours whenever possible. 
  • Ensure any scheduled downtime that could affect the availability of core functions and features does not exceed four (4) hours within any contract month. Such instances will be carefully considered in our service level evaluations. 

We understand that any disruption can be challenging, and we are dedicated to minimizing the impact on your operations. Our team is constantly working to enhance the resilience and reliability of ShiftForce, aiming to exceed the high standards of service availability we set for ourselves. 

      b. SMS Text Notifications

Subscription and Consent: Organizational Users can choose to receive ShiftForce notifications via SMS texts on mobile devices by opting into text service. Opting in means you or the Organizational User accept these terms. 
  • Opt-In Process: Organizational Users of texting must individually consent to receive SMS notifications by adding their mobile number to their profile and texting "SHIFTNOTE" to 85241 for the US or "SHIFTNOTECA" to 1-844-228-3277 for Canada. Expect around 5 messages daily.  Message and data rates may apply 
  • Opt-Out: To stop receiving texts, Organizational Uses must send “STOP” to 85241 in the US or to 1-844-228-3277 in Canada. Organizational Users of texting will receive a confirmation message, and then no more texts. 
  • For support, contact support at 
  • Charges: Message and data rates may apply. By opting in to texting, Organizational Users acknowledge any charges incurred are the responsibility of the opting- in Organizational User. Opting in is not tied to any purchases. 
  • Eligibility: You and any Organizational Users must be 18 or older, or have parental consent, to subscribe. 
  • Supported Carriers: Our service works with carriers like AT&T, Verizon, Sprint, T-Mobile, and others. This list may change. 
  • Carrier Liability: Carriers are not responsible for delayed or undelivered messages. Although ShiftForce aims for timely delivery, it cannot guarantee timely delivery of messages due to factors beyond its control. 
  • Privacy: We take your privacy seriously. Our use of your information for SMS notifications aligns with our Privacy Policy.  See the Privacy Policy on the ShiftForce website. 

      c. Usage Limitations

Each Organizational User account will be limited to the use of a pool of 2 GB of total storage space, shared for each business location, to store all Customer Data (defined below) loaded by such Organizational User. Additional storage can be purchased per location at ShiftForce’ then-standard rates. ShiftForce reserves the right to implement such reasonable usage limitations as it deems necessary from time to time, including limitations on the number of page views and calls to ShiftForce’ interface and systems. 

      d. Equipment

You shall be solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, electrical, and other physical requirements necessary for your and your Organizational User’s access to and use of ShiftForce, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs, and services required to access and use ShiftForce. 

      e. Reverse Engineering

Modification, reverse engineering, reverse compiling, or disassembly of ShiftForce or any component thereof is expressly prohibited. 

     3. Security and Content

      a. Account Security and Content Guidelines

Responsibility for Security: You and Organizational Users, as users of ShiftForce,  are tasked with upholding the security, confidentiality, and integrity of all data you exchange or store. This encompasses the protection of account information and the diligent management of access to user accounts. We encourage the adoption of strong security measures.

Monitoring and Access Control: Employing commercially reasonable efforts to monitor and manage access to your Account and those of Organizational Users Accounts is essential for safeguarding your data. Regular reviews of account settings and permissions are recommended to ensure ongoing security. 

Incident Response Protocol: In the event of a security concern, such as suspected unauthorized access, immediately alert ShiftForce via Providing detailed information about the incident will assist in a swift resolution. Our response team is committed to addressing security breaches with urgency and thoroughness. 

Password Management: The confidentiality of passwords and account information is a shared responsibility. You are accountable for all activities and charges resulting from the use of ShiftForce with your Accounts. Regularly updating passwords and ensuring they remain confidential are crucial practices. 

Prohibited Content and Data Use: To maintain a secure and compliant environment, certain types of content and data are prohibited on ShiftForce: 

  • Illegal Content: Avoid materials that breach laws or regulations, including illegal drug-related content, copyright infringements, and materials promoting criminal activities. 
  • Sensitive Personal Information: Do not upload unprotected or unnecessary sensitive personal details, such as social security numbers or personal health information. 
  • Malicious Software: Files containing viruses or other harmful programs must be avoided, as they pose significant risks to the system and users. 
  • Inappropriate Content: Materials that are obscene, defamatory, or encourage illegal or harmful conduct are strictly prohibited. 
  • Spam and Marketing: Unauthorized promotional materials or solicitations are not allowed. 
  • False Information: Misleading content or information that promotes illegal or abusive activities is banned. 
  • Copyrighted Material: Uploading content without proper authorization or that infringes on intellectual property rights is forbidden. 
  • Executable Files: Uploading executable files is generally prohibited unless specifically allowed for legitimate purposes.  Get ShiftForce approval before uploading files. 

Consequences of Violations: Failure to comply with these guidelines may result in enforcement actions by ShiftForce, including, but not limited to, account suspension or termination. ShiftForce is committed to enforcing these rules to protect all users and the integrity of ShiftForce. 

Updates to Guidelines: This Agreement and the Terms of Use, as well as security and content guidelines may be updated periodically to address emerging threats and legal requirements. You will be notified of significant changes through email or platform notifications. 

By using ShiftForce, you agree to adhere to these security and content guidelines, ensuring a safe and productive environment for all users.  You will enforce compliance with this guideline on all Organizational Users. 

      b. Privacy Policy

To ensure your privacy rights are respected, ShiftForce has established a comprehensive Privacy Policy, available at ("Privacy Policy"). This policy is an integral part of our terms and is referenced herein. Please be aware that ShiftForce retains the right to periodically update and modify the Privacy Policy as needed.

      c. Access and Use Restrictions

You and Organizational Users are obligated to access ShiftForce solely through the designated user Accounts and must not employ any alternative technologies or means for accessing the service or any information on it. The use of automated systems, such as "robots," "spiders," or "offline readers," which access ShiftForce in a manner that sends more request messages in a given period than is possible for a human using a standard web browser, is strictly prohibited. Furthermore, you and the Organizational Users must not gather or attempt to gather any personally identifiable information from ShiftForce, including but not limited to account or personal details, without express permission from ShiftForce. 

  1. Intellectual Property Rights
      a. Ownership of ShiftForce IP

The intellectual property powering ShiftForce, including software, code, documentation, and all digital content, is the exclusive property of ShiftForce and its licensors. Usage of ShiftForce by you and your Organizational Users is limited to the permissions granted by this Agreement. Any attempt to modify, adapt, translate, or create derivative works from ShiftForce without ShiftForce's explicit written permission is prohibited. ShiftForce retains all rights, including copyrights, trade secrets, patents, and all related goodwill. The ShiftForce name and logo are trademarks of ShiftForce, with all other trademarks on our site or service belonging to their respective owners. 

      b. Handling of Customer Data

When you or your Organizational Users upload data to ShiftForce ("Customer Data"), you represent to and confirm with ShiftForce that you have the right to do so, granting ShiftForce a global, non-exclusive license to use this data as necessary to provide our services to you. This includes the right to modify, publish, or create derivative works from Customer Data in a way that supports the delivery of ShiftForce's services. Additionally, you grant ShiftForce the rights to use Customer Data in an anonymized form for service improvement and other legal purposes, ensuring no individual can be identified from this data.

      c. Responsibility for Customer Data

ShiftForce does not control or take responsibility for the content or accuracy of Customer Data you or your Organizational Users provide. You are responsible for ensuring the accuracy, completeness, and reliability of any data, including, without limitation, Customer Data uploaded to ShiftForce.

      d. Contributions and Feedback

We welcome and encourage feedback or suggestions regarding ShiftForce ("Suggestions"). Upon submission, such Suggestions become the sole property of ShiftForce. You hereby transfer all rights, ownership, and interests in any Suggestions, including intellectual property rights, to ShiftForce, allowing us unrestricted use of these Suggestions. You also agree to relinquish any moral rights in the Suggestions for the benefit of ShiftForce. 

  1. User Obligations and Assurances

By using ShiftForce, you and your Organizational Users agree as follows:

      a. Legal Age and Authority

You and each Organizational User is at least eighteen (18) years old and possesses the legal authority to engage in agreements and fulfill their responsibilities as outlined in this Agreement. 

      b. Accuracy of Information

All information submitted to ShiftForce by you and Organizational Users is truthful, accurate, and updated as necessary to remain so.

      c. Registration Integrity

The registration information you have provided to ShiftForce, including names, addresses, and contact details, is complete and accurate, and will be kept up-to-date.

      d. Non-violation of Other Commitments

The use of ShiftForce, including any data uploads or inputs, does not and will not infringe on any other contracts, agreements, or understandings you or your Organizational Users are bound by.

      e. Lawful Use

ShiftForce will not be used for any unlawful purposes, nor to infringe upon the rights of ShiftForce, any individual, or entity, or to breach any laws or regulations.

      f. Prohibition on Competitive Misuse

ShiftForce's resources will not be exploited to gather competitive intelligence, undercut ShiftForce's offerings, or support any form of competition against ShiftForce.

      g. Authorized Representation

You represent that you are duly authorized to act on behalf of the entities you represent in their dealings with ShiftForce. 

  1. Financial Terms
      a. Payment Terms

As a subscriber to ShiftForce, you agree to pay the subscription and any other fees outlined in your order form ("Order Form"). Your first payment is due upon submitting the Order Form, with subsequent payments scheduled monthly, quarterly, or annually as specified in the Order Form ("Fees"). These Fees, along with any applicable taxes and charges, will be processed through your chosen payment method, such as credit card or ACH, either directly by ShiftForce or via a third-party payment service. All Fees are quoted and charged in United States dollars, reflecting the services and accounts you've selected rather than your actual usage. Upon renewal of this Agreement, as detailed in Section 8, ShiftForce is authorized to automatically bill the renewal term's Fees, based on your current use of ShiftForce, using your on-file payment method.

      b. Taxes and Collection

You are responsible for all financial obligations associated with your subscription, including any currency conversion charges and all forms of taxes (sales, use, value-added, personal property taxes, etc.), duties, levies, including interest and penalties imposed by any government entity. In the case of late payment, interest will be charged on the outstanding balance at the rate of 1.5% per month or the highest rate permissible by law, whichever is lower. Additionally, you are liable for any expenses incurred by ShiftForce to collect overdue payments, including reasonable attorneys' fees and collection costs. 

  1. Legal Terms
      a. Confidentiality Agreement

Under this Agreement, both parties may be privy to confidential information belonging to the other ("Confidential Information"). For ShiftForce, this encompasses, but is not limited to, items you provided, including documents or materials, software, documentation, formulas, methods, know-how, designs, new product information, marketing strategies, customer lists, pricing details, and any information designated as confidential or inherently confidential by nature. Your confidential data includes any non-public, proprietary Customer Data shared via ShiftForce. 

Both parties recognize the significant value and proprietary nature of each other's Confidential Information. Accordingly, both parties commit to: 

  • Only utilize the other's Confidential Information strictly as allowed by this Agreement. 
  • Prevent any direct or indirect disclosure or use of the other's Confidential Information without express written consent from the owner. 
  • Protect the other's Confidential Information against unauthorized use or exposure with the same degree of care used to protect their own confidential information, ensuring at least a standard of reasonable care. 

Exceptions to Confidential Information include data that: 

  1. was already public before disclosure; 
  2. becomes publicly available through lawful means not involving a breach of this Agreement; 
  3. is independently developed by the recipient without reliance on the other's Confidential Information, was already known to the recipient before disclosure by the other party, or is rightfully received from another source without confidentiality restrictions; 
  4. needs to be disclosed in accordance with legal, court, or administrative orders, given that the recipient notifies the other party with reasonable advance notice to allow for the limitation or prevention of such disclosure. 

Furthermore, each party agrees to disclose the other's Confidential Information solely to their representatives or employees who require this knowledge to execute this Agreement effectively. 

      b. Agreement Duration and Termination
  1. Agreement Effective Period and Renewal 

This Agreement commences upon your acceptance and extends until the termination date listed in your Order Form, unless terminated sooner according to the terms of this Agreement. Subscriptions auto-renew for the same duration as the initial term or one year (whichever is shorter), unless either party issues a 30-day non-renewal notice prior to the end of the then current term. Fee adjustments for renewal terms will be communicated by ShiftForce to you at least 30 days before the current term ends, with increases capped at 10% over the prior term's Fees, except where initially specified as promotional. For free, 30-day trial subscriptions, the Agreement concludes after 30 days unless upgraded to a paid subscription.

      ii. Conditions for Termination 

Either party may terminate this Agreement in case of a significant breach by the other, provided a 15-day written notice detailing the breach is given. If the breach is rectified within this timeframe, termination will not proceed. Termination due to an uncured breach by ShiftForce, directly attributable to ShiftForce, will result in a partial refund equivalent to half of the pro-rata Fees for the current term. No refund will be provided if the termination is not due to a material default by ShiftForce. ShiftForce may suspend service immediately for non-payment. 

iii. Post-Termination Obligations

Upon termination of this agreement, you must immediately cease all use of ShiftForce services and either return or destroy any confidential information in your possession. If you have settled any outstanding fees, ShiftForce will, upon your written request received within 30 days following the termination, provide you with a .csv file containing daily log notes and statistics. Requests must be submitted via email to

Your account is deemed terminated as of the expiration date of your last paid subscription period. Following the expiration of your subscription, you will have a 30-day grace period during which you may log into your account solely to download any data you wish to retain. During this period, you will have access to download your data, but you will not be permitted to add, alter, or edit data.

Please note, ShiftForce will not provide exports of schedules, documents, checklists, events, messages, or user information. It is your responsibility to ensure the download of any desired data within the 30-day post-termination period. After this period, ShiftForce reserves the right to delete any customer data, unless there is a legal requirement to retain it.

For users on a free trial, you must ensure that all Customer Data is removed before the trial concludes. Absent a transition to a paid subscription, ShiftForce may delete any remaining data immediately after the trial period ends.

      c. Disclaimer of Warranties

ShiftForce is committed to providing a reliable and secure platform. However, except as expressly provided in this Agreement or as required by applicable law, we cannot guarantee the service will be free from defects. 

Service Availability and Performance: While we strive to ensure that ShiftForce is accessible and operates smoothly, disruptions due to factors like maintenance, upgrades, or unforeseen internet instability may occur. Your access and use of ShiftForce, and that of your Organizational Users, is at your own risk. 

No Implied Warranties: We do not guarantee uninterrupted or error-free operation of ShiftForce or that it will meet every specific requirement you may have. Although we aim for accuracy and completeness in the information and documents provided through ShiftForce, we cannot assure these aspects in every instance. Therefore, we explicitly disclaim all implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. 

Cybersecurity: Recognizing the reality of cyber threats, we continuously work to enhance our security measures. However, given the nature of the internet and evolving cyber threats, we cannot assure absolute immunity from cyber attacks. We encourage users to adopt best practices in safeguarding their accounts and sensitive information.  You agree to hold ShiftForce harmless from security breaches emanating from your network or those of your Organizational Users. 

By accepting these terms, you acknowledge the limitations of the digital environment and agree to assume responsibility for your use of ShiftForce, understanding the balance we strive to maintain between offering a robust service and the inherent challenges of the digital landscape.

      d. Limitation of Liability

To the fullest extent permitted by law, ShiftForce assumes no liability for indirect, incidental, consequential, special, or punitive damages resulting from or related to this Agreement, including but not limited to: 

  • Any inability to use ShiftForce, 
  • Service interruptions, 
  • Delays or failures, 
  • Unauthorized access or alteration of transmissions or data, 
  • Mis-sent or unreceived data, 
  • Transactions or agreements made through ShiftForce, 
  • Third-party content accessed via ShiftForce. 

Our responsibility for direct damages is strictly limited to the lesser of the total fees paid by you to ShiftForce under this Agreement or an amount specified by applicable law, whichever is lower. Should ShiftForce not meet your expectations, your exclusive remedy is to cease using the service and terminate this Agreement as outlined in Section 8. 

ShiftForce is not considered an insurer of its service performance. The disclaimers, limitations of liability, and your remedy reflect an allocation of risk between the parties—a condition for your access to ShiftForce at its determined price. By agreeing to these terms, you acknowledge and accept this risk allocation for: 

(a) All liabilities and damages beyond the scope of ShiftForce's assumed liability, 

(b) Any damages claimed beyond the extent of the remedies provided within this Agreement. 

This limitation of the liability section will survive any termination or expiration of this Agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. 

  1. Indemnification

You shall defend, indemnify, and hold harmless ShiftForce and its officers, directors, employees, and agents against any claims, actions, demands, liabilities, losses and settlements, including, without limitation, reasonable legal and accounting fees, arising from or related to: 

(a) Any breach of this Agreement by you or your Organizational Users. 

(b) The use or misuse of ShiftForce by you or your Organizational Users, including, without limitation, any data or content transmitted or received. 

(c) Any prohibited conduct or content, as defined in this Agreement, by you or your Organizational Users. 

(d) Any negligent or intentional misconduct by you or your Organizational Users. 

(e) The infringement or violation of any intellectual property, privacy, or other rights of any third parties. 

  1. General Provisions
      a. Relationship of the Parties

The relationship established by this Agreement is that of independent contractors, and nothing herein should be construed to create a partnership, joint venture, or employer-employee relationship.

      b. Electronic Acceptance

This Agreement and any amendments or notices may be agreed to electronically, with electronic signatures and use with the acknowledgement of this Agreement being deemed as valid and legally binding.

      c. Non-assignability

You may not assign your rights or obligations under this Agreement without the express written consent of ShiftForce. ShiftForce retains the right to assign this Agreement.  The subscription and acceptance of these terms by the original Administrator, continues in effect and binds you and your entity. 

      d. Waiver

No waiver of any provision of this Agreement will be effective unless in writing. Failure to enforce any term will not constitute a waiver of future enforcement of that or any other term.

      e. Severability

If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will remain in force, with the invalid provision being modified to the least extent necessary to make it enforceable.

      f. Notices

Formal notices under this Agreement may be delivered via email or through posted updates on the ShiftForce website, deemed effective upon sending or posting.

      g. Governing Law

This Agreement is governed by the laws of Missouri, excluding conflict of laws principles.

      h. Jurisdiction

The parties consent to the exclusive jurisdiction of the state and federal courts located in Missouri for any dispute arising out of this Agreement.

      i. Equitable Relief

Unauthorized use or breach of confidentiality obligations may cause irreparable harm, entitling ShiftForce to seek injunctive relief, among other remedies, without posting bond. 

      j. Legal Expenses

The prevailing party in any legal action to enforce this Agreement is entitled to recover reasonable attorney fees and costs.

      k. Headings for Convenience

Headings are for convenience only and do not affect the interpretation of this Agreement.

      l. Force Majeure

Neither party is liable for failure to perform its obligations, other than payment, if hindered by events beyond reasonable control.

      m. Survival of Terms

Specific provisions will survive the termination or expiration of this Agreement, as explicitly stated.

      n. Entire Understanding

This Agreement represents the complete agreement between the parties regarding its subject matter, superseding all previous discussions.

      o. Compliance with Export Laws

Your compliance with U.S. and applicable international export laws and regulations is required for the use of ShiftForce.