ShiftHarmony

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Terms of Service

Please read these terms carefully before using our services.

Last updated: March 21, 2026

Shift Harmony AI, Inc. ("Company", "we", "our", or "us") understands that privacy is important to our users. These Terms of Service govern your access to and use of the website located at https://shiftharmony.ai/ (the "Website"), and our related platform and services, including schedule generation, rule configuration, preference collection, administrative tools, analytics, and support (collectively, the "Services").

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH OUR POLICIES OR PRACTICES, YOU SHOULD NOT USE OR ACCESS THE SERVICES.

Use of Services

You may use the Services only if you can form a binding contract with Company, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited. The Services are not available to any users previously removed from the Services by Company.

Accounts

You may need to register for an account to access some or all of our Services. If you register for an account, you agree to provide true, accurate, current, and complete information about yourself. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Content and Your Rights

By posting, uploading, inputting, providing, or submitting your personal information or content to the Services, you are granting Company, its affiliated companies and necessary sublicensees permission to use your content in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your content; and to publish your name in connection with your content.

No compensation will be paid with respect to the use of your content as provided herein. Company is under no obligation to post or use any content you may provide and may remove any content at any time in Company's sole discretion.

Intellectual Property

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Company's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Company Content Standards

Company is under no obligation to screen or monitor content, but may review content from time to time at its sole discretion. Company will make all determinations as to what content is appropriate in its sole discretion. Company may edit or remove any content at any time without notice.

Corrections

Subject to limitations in the applicable technologies and devices we use, we attempt to be accurate to the extent reasonably possible. However, we do not warrant that any product, measurement or description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice.

No Ideas Accepted

Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an unsolicited idea to the Services, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company.

Third Party Materials

The Services may link to, make available, or provide third party products, services, websites, data, software, or source code (collectively, "Third Party Materials"). Company has no control over Third Party Materials. Accordingly, Company is not responsible or liable for any Third Party Materials and makes no representation as to the accuracy, usefulness, safety, or intellectual property rights in or relating to such Third Party Materials.

Other Sources of Terms of Service

Certain provisions of these Terms of Service may be superseded by expressly designated legal notices, rules, or other terms located on particular pages of the Services. In order to participate in or use certain services or promotions ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Your acceptance or redemption of any Offer constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms of Service and any Additional Terms, the Additional Terms shall control.

No Warranties; Limitation of Liability

WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICES, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS AND YOU SPECIFICALLY ACKNOWLEDGE THAT THE SERVICES MAY NOT ALWAYS BE ACCURATE. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT IN OR AS PART OF THE SERVICES. THE SERVICES, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing the Services.

Waiver By California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Changes

All information posted on the Services is subject to change without notice. In addition, these Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Services. You should check the Services for such changes frequently. Your continued access of the Services after such changes conclusively demonstrates your acceptance of those changes.

Indemnification

You agree to indemnify, defend, and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners, and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney's fees and costs, arising from, or related to, any breach by you of any of these Terms of Service or applicable law.

Severability

If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Compliance with Laws

You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal, and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction"); and (b) you are not subject to, and are not affiliated with anyone who is subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations.

Waiver; Remedies; Entire Agreement

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms of Service. The Terms of Service, the Additional Terms, and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

International Access

Our Services are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Services. We make no representations regarding the legality of this Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Governing Law; Dispute Resolution; Class Action Waiver

The laws of the State of California shall govern these Terms of Service. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms of Service, or the purchase of any products or services ("Claims") shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy they seek.

The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, and the arbitrator shall apply California law consistent with the Federal Arbitration Act.

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years' experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitrator's award is final and binding on the parties.

American Arbitration Association: www.adr.org

CLASS ACTION WAIVER: BY USING THE SERVICES, YOU AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

TIME BAR: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

Privacy

All information we collect via the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages or information you send to the Services may be intercepted or read by others.

Should you have any questions regarding these Terms of Service, please contact us at info@shiftharmonyai.com.

Addendum

Data Processing Addendum (DPA)

This Data Processing Addendum ("DPA") forms part of the ShiftHarmony.AI Platform Terms & Conditions between the Customer set forth on an Order Form ("Customer") and ShiftHarmony.AI (collectively, the "Parties") for the provision of services by ShiftHarmony.AI (identified as "Services" in the applicable agreement) (the "Agreement") to reflect the Parties' agreement with regard to the Processing of Customer Personal Information.

In the course of providing the Services to Customer, ShiftHarmony.AI may Process Customer Personal Information on behalf of Customer, and in such case, the Parties agree to comply with the following provisions with respect to Customer Personal Information.

1. Definitions

Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement. In this DPA, the following terms shall have the meanings set out below:

  • "Aggregate Data" means information that relates to a group or category of individuals, from which individual identities have been removed, and that is not linked or reasonably linkable to any individual or household.
  • "Customer Personal Information" means any Personal Information Processed by ShiftHarmony.AI or ShiftHarmony.AI's Subprocessor, solely on behalf of Customer, pursuant to the express terms of an applicable statement of work or order under the Agreement.
  • "Data Protection Assessment" means an assessment of the impact of processing operations on the protection of Personal Information and the rights of Data Subjects, which may also be called a "Data Protection Impact Assessment" or "Risk Assessment" by applicable Data Protection Laws.

7.2 Data Protection Assessments

Upon Customer's request and to the extent required of ShiftHarmony.AI under applicable Data Protection Laws, ShiftHarmony.AI shall provide Customer, at Customer's reasonable expense, with the reasonably necessary information needed for Customer to carry out a Data Protection Assessment related to Customer's use of the Services, to the extent that Customer does not otherwise have access to the relevant information and that such information is reasonably available to ShiftHarmony.AI.

8. Return and Deletion of ShiftHarmony.AI Data

ShiftHarmony.AI shall, on the written request of Customer, return all Customer Personal Information to Customer and/or at Customer's request delete the same from its systems, except as otherwise permitted by applicable Data Protection Laws.

9. Governing Law

The Parties to this DPA hereby submit to the choice of jurisdiction stipulated in the Agreement with respect to any disputes or claims howsoever arising under this DPA, including disputes regarding its existence, validity or termination or the consequences of its nullity; and this DPA is governed by the laws of the country or territory stipulated for this purpose in the Agreement.

10. Limitation of Liability

THE "LIMITATION OF LIABILITY" SECTION OF THE AGREEMENT SHALL APPLY TO ALL CLAIMS ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF SHIFTHARMONY.AI'S BREACH OF ITS OBLIGATIONS UNDER THIS DPA. WITHOUT LIMITING THE FOREGOING, IF THE AGREEMENT DOES NOT INCLUDE A LIABILITY CAP, SHIFTHARMONY.AI'S AGGREGATE LOSSES OR LIABILITY UNDER THIS DPA, INCLUDING WITH RESPECT TO LIABILITY RELATING TO A SECURITY BREACH, BREACH OF THIS DPA, OR ALLEGED OR ACTUAL VIOLATION OF DATA PROTECTION LAWS, SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER TO SHIFTHARMONY.AI UNDER THE AGREEMENT IN THE 12 MONTHS PRIOR TO THE CLAIM GIVING RISE TO SUCH LOSSES.

11. Change in Data Protection Laws

In the event of any change to or new Data Protection Law(s), the Parties shall mutually agree upon any reasonably necessary amendments or revisions to this DPA.

Annex I: Details of Processing Activities

Subject Matter of Processing
The subject matter of Processing is the provision of ShiftHarmony.AI's workforce scheduling platform, including the ingestion, structuring, optimization, and output of scheduling data and related workforce information to generate compliant and preference-aware schedules for Customer.
Duration of Processing
The duration of Processing of Personal Information is as set forth in the Agreement.
Nature of Processing
ShiftHarmony.AI will Process Personal Information solely to provide the Services, including collecting, storing, organizing, structuring, analyzing, and processing workforce scheduling data, applying optimization algorithms, generating schedules, and providing related analytics and support functionalities, in accordance with Customer's instructions.
Purpose of Processing
Personal Information will be Processed solely for the purposes expressly set forth in the Agreement.
Types of Personal Information Processed
Types may include: identifiers and contact information (name, email address, phone number, account identifiers); professional and employment-related information (role, department, credentials, work location); scheduling and availability data (shift preferences, availability, time-off requests, assignments); user-generated inputs and preferences; and technical and usage data related to interaction with the Services. ShiftHarmony.AI does not Process any "sensitive" Personal Information.
Categories of Data Subjects
Categories of Data Subjects include Customer's current and prospective employees, contractors, and workforce members (such as physicians, nurses, residents, fellows, and administrative staff); Customer personnel responsible for scheduling, operations, human resources, compliance, or administration; and other authorized users of the Services on behalf of Customer.