SHIFTSEE, INC. - TERMS OF SERVICE

Effective Date: November 17, 2025

These Terms of Service ("Terms") govern your access to and use of the ShiftSee platform, mobile applications, website, and related services ("Platform") operated by ShiftSee, Inc. ("ShiftSee," "we," "our," or "us").

By creating an account or using the Platform, you agree to these Terms in full.

If you do not accept these Terms, you may not use the Platform.

ShiftSee, Inc.
1111B S Governors Ave STE 37819
Dover, DE 19904
Email: support@shiftsee.com

1. The Nature of the Platform

ShiftSee is a neutral online marketplace that provides technology tools enabling adults to connect for temporary, project-based, and shift-based work arrangements. ShiftSee is not:

• an employer
• a joint employer
• a co-employer
• a staffing agency
• a temp agency
• a recruiter
• a labor broker or intermediary
• a payroll provider
• a tax agent
• a benefits provider
• an HR service
• a legal, immigration, or compliance advisor

ShiftSee does not hire, fire, discipline, supervise, manage, or control Users. Users independently determine the terms and conditions of their interactions.

2. Eligibility

To use the Platform, you must:

• be 18 years of age or older;
• have the legal capacity to enter into contracts;
• not be barred from using the Platform under applicable law.

The Platform is strictly 18+ worldwide. No minors may use ShiftSee under any circumstances.

3. User Responsibilities

Users are solely responsible for:

• verifying the identity, qualifications, licensing, work authorization, and trustworthiness of other Users
• determining whether any shift or engagement is lawful, safe, and appropriate
• complying with all laws, including labor, tax, payroll, insurance, workplace safety, and immigration requirements
• independently assessing the legal eligibility of any worker they hire
• all agreements, negotiations, and communications with other Users
• ensuring that their conduct, communications, and activities comply with all applicable laws
• verifying that work offered or performed is lawful

ShiftSee does not verify identities, backgrounds, immigration status, licensing, experience, insurance, or compliance.

4. Work Authorization & Immigration Compliance

ShiftSee does not screen for work authorization, visas, or immigration eligibility.

Users are solely responsible for ensuring that:

• they are legally permitted to work in the jurisdiction where work is performed;
• anyone they engage is legally permitted to work;
• no engagement violates immigration, visa, permit, or labor restrictions.

ShiftSee is not responsible for any unauthorized work, misrepresentations, violations, or consequences related to immigration or work eligibility.

5. User Classification

Users determine their own legal classification (e.g., independent contractor, business, worker). ShiftSee does not classify Users and has no involvement in interpreting or enforcing employment standards, contractor rules, or labor classifications.

6. Platform Fees & Payment Processing

6.1 Platform Fees

ShiftSee charges:

• 10% from the Business, and
• 10% from the Shifter

per shift.

Example:
At $20/hour → Shifter receives $18/hour; Business pays $22/hour.
(Standard payment-processing fees also apply.)

6.2 Payment Processing (Stripe & Stripe Connect)

Payments are facilitated exclusively through Stripe, Stripe Connect, or other approved processors. Users agree to the processor's separate terms.

Users are responsible for:

• processing fees
• payout fees
• currency conversion costs
• chargebacks
• reversals
• holds
• delays caused by financial institutions

ShiftSee is not liable for any processor errors or delays.

7. Taxes, Payroll, and Legal Obligations

ShiftSee does not:

• calculate, withhold, or remit taxes
• provide payroll services
• administer benefits
• file government forms
• calculate statutory deductions
• provide financial, tax, legal, or compliance advice

ALL tax, payroll, benefits, regulatory, compliance, filing, reporting, and employment obligations are 100% the User's responsibility. ShiftSee is not a tax agent anywhere.

8. Prohibited Uses

Users may not use the Platform for any activity that is illegal, dangerous, harmful, fraudulent, regulated, or prohibited in their jurisdiction, including:

• drugs or controlled substances
• gambling
• sex services
• pornography
• human trafficking
• violence, threats, harassment, abuse
• fraudulent misrepresentation
• unsafe or hazardous work
• any work prohibited by local law

9. Marketplace Conduct

ShiftSee is not a party to any agreement between Users.

ShiftSee does not:

• guarantee work availability
• guarantee worker availability
• mediate disputes
• supervise Users
• ensure quality of work
• ensure payment
• guarantee accuracy of User information

All agreements, negotiations, responsibilities, and liabilities lie with the Users.

10. Data Retention

ShiftSee may collect, store, log, analyze, and retain any data associated with platform usage, including messages, time logs, shift data, location metadata, behavioral analytics, device identifiers, and security logs.

ShiftSee may retain such data indefinitely for security, fraud prevention, compliance, dispute resolution, logging, and operational purposes.

11. AI & Automated Decision Systems

ShiftSee uses automated ranking, scoring, matching, and machine-learning systems ("AI Systems").

Users acknowledge that:

• AI outputs may be incomplete, flawed, inaccurate, or biased
• Automated systems may categorize, score, or rank Users
• AI outputs are informational only
• AI outputs must not be relied upon as advice
• Users waive all claims relating to AI Systems to the fullest extent permitted by law
• ShiftSee is not liable for decisions made based on AI outputs
• Users must independently verify all information.

12. Indemnification

Users agree to indemnify, defend, and hold harmless ShiftSee from any claims arising from:

• their use of the Platform
• disputes between Users
• their conduct or omissions
• violations of these Terms
• tax, payroll, immigration, licensing, or compliance obligations
• any damages resulting from interactions with other Users

This indemnity excludes ShiftSee's gross negligence or intentional misconduct.

13. Disclaimers

The Platform is provided "AS IS" and "AS AVAILABLE." ShiftSee disclaims all warranties, express or implied. Use the Platform at your own risk.

14. Limitation of Liability

To the maximum extent permitted by law:

• ShiftSee's total liability is limited to $100 USD
• ShiftSee is not liable for indirect, special, incidental, punitive, or consequential damages
• ShiftSee is not liable for lost wages, lost opportunities, payment disputes, or any employment-related claims

15. Termination

ShiftSee may suspend, limit, restrict, deactivate, or terminate any User account:

• at any time
• for any reason or no reason
• with or without notice
• without liability

16. Mobile Application Terms & EULA

16.1 License

ShiftSee grants a limited, revocable, non-exclusive, non-transferable license to use the mobile application.

16.2 App Store Requirements

These Terms supplement, but do not replace, the Apple App Store and Google Play Store terms. Apple and Google are not responsible for maintenance, support, warranties, claims, or compliance.

16.3 Updates

ShiftSee may update, modify, restrict, or discontinue the mobile app at any time.

16.4 Location Data

Use of the mobile app may involve collection of GPS or device-based location data for time tracking, fraud prevention, and operational purposes.

17. Cookie Policy

ShiftSee uses cookies, pixels, local storage, tracking scripts, device identifiers, and similar technologies to:

• authenticate Users
• maintain sessions
• prevent fraud
• analyze usage
• personalize content
• operate core functionality

Users may disable cookies in browser settings, but doing so may impair performance.

18. Governing Law, Arbitration & No Class Actions

These Terms are governed exclusively by Delaware law.

18.1 Arbitration

All disputes must be resolved via binding individual arbitration in Delaware, administered by the American Arbitration Association.

18.2 No Class Actions

Users waive any right to:

• class actions
• representative actions
• collective actions
• mass arbitration
• jury trials

Only individual arbitration is permitted.

19. Modifications

ShiftSee may update these Terms at any time. Continued use constitutes acceptance of any changed Terms.

20. Contact

ShiftSee, Inc.
1111B S Governors Ave STE 37819
Dover, DE 19904
Email: support@shiftsee.com

21. Shift Rules, Definitions, Cancellations, Lateness, No-Shows, Time Tracking & Payments

This section governs all shift-related behavior and is binding on all Users.

21.1 Defined Terms

• "Shift" means any agreed-upon period of work scheduled between a Business and a Shifter through the Platform.
• "Start Time" means the exact scheduled beginning of the Shift as displayed within the Platform.
• "Cancel" / "Cancellation" means any unilateral termination of a scheduled Shift initiated by a User through the Platform before the Start Time.
• "Late Arrival" or "Lateness" means the Shifter has not clocked in by the Start Time but arrives before the Shift has been cancelled by the Business.
• "No-Show" means the Shifter is not present and has not clocked in at the Start Time and has not cancelled beforehand.
• "Business Cancellation Window" means the period beginning six (6) hours before the Start Time and continuing until the Start Time.
• "Clock-In" / "Clock-Out" means the Shifter's action of recording work start and end times exclusively through the Platform.
• "Completed Shift Confirmation" means the Business's action of approving the Shifter's hours for payment.

These definitions apply uniformly worldwide.

21.2 Rate Setting

Businesses and Shifters agree on the hourly rate prior to confirming a Shift. ShiftSee does not set, mandate, recommend, or guarantee rates. Users alone are responsible for ensuring any agreed rate complies with local laws.

21.3 Time Tracking

All hours must be recorded via in-app or web-based clock-in and clock-out. Manual entry, off-platform timekeeping, or retroactive time declarations are prohibited. Shifters may not clock in after the Shift has ended under any circumstances.

21.4 Cancellations - 6-Hour Rule

21.4(a) Cancellations 6+ Hours Before Start Time

Either party may cancel a Shift six (6) or more hours before the Start Time with no penalty.

21.4(b) Business Cancels < 6 Hours Before Start

If a Business cancels during the Business Cancellation Window:

• The Business must pay the Shifter two (2) hours at the agreed hourly rate.

21.4(c) Shifter Cancels < 6 Hours Before Start

If a Shifter cancels during the Business Cancellation Window:

• The Shift is recorded as a "Cancel" on the Shifter's record.

21.4(d) Failure to Appear (No-Show)

• the Shifter is not present at the Start Time,
• has not clocked in,
• and did not cancel beforehand.

The Business may cancel without penalty. The Shifter receives a "No-Show" on their record.

21.5 Lateness Rules

21.5(a) Late Arrival

A Shifter is late if they clock in after the scheduled Start Time.

21.5(b) Business Discretion

If a Shifter arrives late, the Business may choose whether the Shifter works the remaining portion.

21.5(c) Tracking

• number of late arrivals
• average minutes late
• patterns of repeated lateness

21.6 No-Show Enforcement

A Shifter who accumulates three (3) No-Shows will be permanently removed from the Platform.

21.7 Payment Timing & Process

The Business confirms hours; payment is processed automatically; Shifters receive funds within 1–3 business days.

21.8 Dispute Resolution Between Users

Users must attempt direct resolution. If escalated, ShiftSee may review logs and issue a final determination.

21.9 Ratings & Reviews

Ratings affect visibility. Fraudulent reviews may be removed.

21.10 Multiple Shifts & Overlaps

Users may accept multiple shifts if they do not overlap.

21.11 Geographic Availability

ShiftSee operates in multiple countries and may restrict locations.

21.12 Experience Requirements

ShiftSee does not require minimum experience; Businesses may choose preferences.

21.13 No Background Checks or ID Verification

• background checks
• identity verification
• criminal screening
• immigration screening
• reference checks

Users must independently verify trustworthiness.