Shiftrally Terms of Service & Use
Last Updated: November 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer" or "you"), operating a restaurant or related business, and Shiftrally, located at Bergen County,New Jersey ("Company," "we," or "us"), governing your use of the Shiftrally mobile application and the related software-as-a-service ("Service" or "App").
BY CLICKING "I AGREE," ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
1. Access and License Grant
1.1. Access and Use: Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to install and use the App on mobile devices owned or controlled by you, and to access and use the Service for your internal business operations (restaurant management), strictly in accordance with these Terms.
1.2. Restrictions: You agree not to, and shall not permit others to, (a) sublicense, sell, rent, lease, or otherwise transfer the App or Service; (b) reverse engineer, decompile, or disassemble the App; (c) use the App to store or transmit infringing, libelous, or otherwise unlawful material; or (d) use the Service for any purpose prohibited by law.
2. Account Terms
2.1. Account Creation: You must register and maintain an active account to use the Service. You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account.
2.2. Authorized Users: You may grant access to employees or contractors ("Authorized Users") as permitted by your subscription plan. You are responsible for all actions and omissions of your Authorized Users.
3. Third-Party Marketplace and Payment Terms (Mobile Nuance)
3.1. Third-Party Marketplace and Payment Terms
3.1.1. App Store Terms: You acknowledge that these Terms are entered into between you and the Company, and not with Apple Inc. or Google LLC (each, an "App Store"). Your use of the App must also comply with the applicable terms of service of the App Store from which you obtained it.
3.1.2. Billing and Subscriptions: All charges for the Service, including recurring subscription fees and any in-app purchases, are processed by the App Store’s payment system (Apple In-App Purchase or Google Play Billing). The Company has no control over these payment methods or processes.
3.1.3. Refunds and Cancellation: All refund requests for subscriptions or purchases must be directed to the respective App Store in accordance with their established refund policies. The Company cannot process refunds for transactions made through the App Stores.
4. User Data Ownership and Intellectual Property (SaaS Nuance)
4.1. User Data Ownership and License
4.1.1. Ownership of Customer Data: As between you (the Customer/Restaurant) and the Company, you retain all right, title, and interest in and to the data, content, and information inputted by you and your Authorized Users into the App, including, without limitation, staff schedules, inventory lists, sales logs, task assignments, and internal communications ("Customer Data").
4.1.2. License to Company: You hereby grant the Company a worldwide, royalty-free, non-exclusive, revocable license to access, use, copy, reproduce, transmit, display, and store the Customer Data solely for the purpose of: (a) providing the Service, including system administration, backup, and technical support; (b) troubleshooting, diagnosing, and resolving service-related issues; and (c) improving the App and Service features.
4.1.3. Aggregated Data: Notwithstanding the above, you agree that the Company may collect, use, and share information derived from the use of the Service, provided that such data is de-identified, anonymized, and aggregated ("Aggregated Data"). The Company shall own all right, title, and interest in and to the Aggregated Data and may use it for benchmarking, marketing, research, and development purposes without compensation to you.
4.2. Company IP: The App, Service, and all related intellectual property, including code, design, and trademarks, are the exclusive property of the Company. These Terms do not grant you any ownership rights in the App or Service.
5. Service Availability and Operational Reliability (SaaS Nuance)
5.1. Service Availability and Operational Reliability
5.1.1. Service Disclaimer: The Service is provided on an "as is" and "as available" basis. The Company does not warrant that the Service will be error-free, uninterrupted, or available 100% of the time. The performance, uptime, and availability of the Service are not guaranteed, and the Company does not provide a Service Level Agreement (SLA) under these Terms.
5.1.2. Maintenance and Outages: The App and Service may be inaccessible or inoperable at any time due to: (a)
scheduled maintenance periods (of which the Company will attempt to give reasonable advance notice); (b) unscheduled emergency maintenance; or (c) causes beyond the Company’s control, including network failures, force majeure events, or malicious acts by third parties.
5.1.3. No Liability for Operational Loss: You acknowledge that the App is a management tool and that reliance on its continuous availability for critical, time-sensitive restaurant operations is at your sole risk. The Company shall not be liable for any direct or indirect damage, financial loss, or business interruption, including lost sales or failed shifts, arising from service downtime or technical failures.
6. Termination
6.1. Termination by Customer: You may terminate your subscription at any time by following the cancellation process defined by the App Store or Company, but no refunds will be provided for any unused portion of the subscription period, as per Section 3.1.3.
6.2. Termination by Company: The Company may terminate or suspend your access to the Service immediately, without prior notice or liability, if you materially breach these Terms.
6.3. Data Retrieval and Deletion: Upon termination, you are responsible for retrieving your Customer Data within a period of 30 days. After this period, the Company reserves the right to delete all Customer Data without further notice.
7. Indemnification and Limitation of Liability (General Protection)
7.1. Limitation of Liability and Indemnification
7.1.1. Exclusion of Consequential Damages: To the maximum extent permitted by applicable law, in no event will the Company or its affiliates, directors, employees, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages, including but not limited to, damages for loss of profits, revenue, data, or goodwill, arising out of the use or inability to use the App or Service.
7.1.2. Liability Cap: In no event shall the Company’s total cumulative liability to you for all claims arising out of or relating to this Agreement or the use of the App, exceed the greater of: (a) one hundred U.S. Dollars ($100.00) or (b) the amount actually paid by you to the Company for the Service in the twelve (12) months preceding the event giving rise to the claim.
7.1.3. Customer Indemnification: You agree to indemnify, defend, and hold harmless the Company against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in a manner that violates these Terms; (b) any claim by a third party (including employees or customers of your restaurant) related to your processing of data through the App; or (c) any violation of law or regulation by you or your Authorized Users.
8. General Provisions
8.1. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflict of law principles.
8.2. Entire Agreement: These Terms constitute the entire agreement between you and the Company concerning the use of the Service.
8.3. Contact Information: For questions regarding these Terms, please contact us at moonmapac@gmail.com