Terms of Service shiftin

I. Introduction

This document presents the terms under which one can access and use shiftin, (hereinafter shiftin), a SaaS (Software as a Service) software application, provided “as is”, managed by High-Tech Systems & Software SRL, a limited liability company, operating under Romania Law, with its headquarters in Bucharest, District 1, Bucurestii Noi Boulevard, nr. 25A, registered with the Trade Registry under no J40/4847/2012, having Sole Registration Code 30126940 (hereinafter the Company).
shiftin is dedicated to companies to support them in their day-to-day business for the optimal organization of their activity regarding the planning of employee’s shifts from all company’s locations, based on different criteria like client rush hour, productivity objectives, company’s internal rules, legal provisions from the labor sector, employees’ requests etc.

Access to shiftin is available for a regular fee that a Client may have to pay in order to use the features and services of shiftin. Based on the agreement with the Company, the Client can benefit of one or more of shiftin features.

The Company has the right to modify the content of this document at any time, the latest version can be consulted at any time by accessing the dedicated section, the applicable version of this document being the one published on shiftin at the date of reporting. If one does not agree with the modified Terms of Service, one may at any time stop using shiftin. Continuing to use shiftin after the modification of the Terms of Service leads to the implicit acceptance of the Terms of Service as modified.

Any reference to the singular also includes the plural and vice versa.

II. Definitions

Client: a legal entity who wishes to benefit from the features of shiftin for a fee; details regarding fees and invoice are detailed below.
Client Representative: representative of the Client with administrative rights in shiftin, who can add, edit and manage data regarding the organization, its divisions, locations, employees, working hours, create and add users etc.
User(s): employee(s) of the Client for whom the Client Representative has created an account on shiftin. Users’ access to shiftin depends on the relationship between the Client and the User and the latter’s role in the organization (director, manager, employee etc.).
Profile: section of shiftin that allows Client Representatives and Users to access, modify, update their personal and professional data. Access to all features of the Profile Sections may be restricted to some Users, depending on the User’s role in the organization.
Agreement with the Company: the agreement for the use of shiftin, concluded between the Client and the Company. The Client enters into a binding legal agreement with the Company, under these Terms and Conditions to access and benefit from shiftin’s features (the “Services”).
Services: all features of shiftin that the Company may now or in the future make available to its Clients, including, but not limited to adding, editing, deleting information regarding the Client’s organization and/or its employees / collaborators / contributors / associates etc. (hereinafter generally referred to as the “Personnel”), working hours, shifts, leaves etc. Depending on the type of access, some Services may not be available to Client or to some Users and/or Clients’ Representatives.
Content: (a) all information on shiftin that can be visited, viewed or otherwise accessed; (b) the contents of any e-mail sent to the User / Client Representative by a shiftin representative, by electronic means and / or any other available means of communication; (c) any information communicated to the User / Client Representative by any means by a shiftin representative, in accordance with the contact information provided by the User / Client’s Representative; (d) information related to Clients, their Representatives, Users, Services, campaigns, tariffs charged by the Company and / or by a third party with which the Company has concluded partnership agreements, during a certain period; (f) data relating to the Company, shiftin or other privileged data thereof.
Notifications/Notices: the means of periodic, exclusively electronic information (e-mail, dedicated section of shiftin) on the Services, other advertising messages from the Company or any other notifications that may be of interest to the Clients. Preferences regarding Notifications are made by accessing the options provided in the dedicated section or by contacting the Company at the following e-mail address: office@htss.ro. Waiver of receipt of Notices does not imply waiver of acceptance of these Terms of Service.
Feedback: An evaluation based on personal experience regarding shiftin submitted by the Client, the Client Representative, the User via e-mail or via the dedicated section in shiftin.
Personal Data: the personal data provided by the Client Representative and/or the User when using shiftin and its Services , processed in accordance to the Privacy Policy.
Misuse: the use of shiftin in a manner contrary to shiftin’s rules, the practice in the field, the regulations and the legislation in force or any other way that may cause damage to the Company and / or its collaborators and / or other Clients, Client Representatives and / or Users. Apart from termination of the Agreement, the misuse may attract civil or criminal liability of the person / persons responsible. Misuse includes using shiftin in a manner non-compliant with the legislation in force, the publication of obscene, defamatory, threatening or malicious feedback / messages to the Company and materials or information prohibited by applicable law.

III. Service with shiftin

General access

shiftin is a paid Business to Business (B2B) service, accessible from most electronic devices that have a web browser and a stable internet connection. shiftin is also accessible as a mobile app from mobile devices running on Android or iOS.
Access to shiftin and to its Services is granted only to those Clients who meet the requirements described by the Company in its materials. Once a Client gains access to shiftin it must create an account using the data of the Client Representative, who will have the possibility to add Users and determine their rights of access.

Conditions for the Client

3. I n order to become a Client, an organisation must comply with the following conditions:

- To be a legally registered entity that can provide proof of registration with its national authorities, as well as proof that it has all the required permits for its activities, if requested;
- To pay the required fees, in the conditions described in this document and as agreed with the Company;
- To use a device capable of running shiftin;
- To read and accept the Terms of Service, the Privacy Policy and the Cookie Policy applicable to shiftin. Non acceptance results in the impossibility of using shiftin;
- To provide real data when registering and to act in good faith in relation to the Company;

4. In order to be a Client of shiftin, an organization must follow these steps:

- To pay the fees, as per the instructions in this document and as agreed with the Company and to appoint a Client Representative who will register with shiftin;
- To register with shiftin once it is informed that registration is possible. The registration procedure consists of filling in the data required by shiftin, creating a password and confirming the account (via e-mail). For registration the following personal data is required: (i) e-mail address; (ii) first and last name; (iii) position at Client’s organisation;
- The Company has the right to request additional information or personal data in order to make sure that a Client meets the Company’s criteria for membership.

Fee and Invoice

5. Since shiftin is a B2B service, its Services are made available for a fee, its value depending on the type of access requested by the Client (the Fee). The Company and the Client will determine the type of access, applicable Fee, terms and conditions regarding invoicing and payment by concluding a separate agreement.

Termination of access to shiftin:

6. The Agreement may terminate at any time: (i) by mutual agreement; (ii) failure to pay the Fee and any other additional fees within the payment term; (iii) violation of the Agreement, these Terms of Service and/or Privacy Policy; (iv) at the Company’s own discretion, with the observance of a 30 days prior notice.

Role and access for Client Representative:

7. The Client Representative acts on behalf of the Client in shiftin and may be granted full access to the Services, which may include the following actions:

Fill in and edit information regarding the Client (which may include, but is not limited to: name, area of business, working points, locations, divisions, teams, organizational structure, existing and/or future positions in the organization, productivity per position, rules applicable to each position, business objectives etc.);
Fill in and edit information regarding the Personnel (which may include, but is not limited to: name, role / position in the organization, agreement status and duration with the organization, assignments per position and / or per team, mobility etc.);
Fill in and edit information regarding Personnel planning (which may include, but is not limited to: working days, working hours, number and duration of shifts, paid / unpaid leaves and requests for leaves, restrictions and rules set by the Client or by law etc.)
Manage the Personnel requests and monitor their current status within the organization;
Use shiftin to determine the required human resources needed to achieve business forecasts.

Role and access for Users:

8. Users are part of the Client’s Personnel and may be granted a limited access to the Services, which may include the following actions:

View Personnel planning;
Submit requests for paid / unpaid leaves, holidays, modification of shifts / working hours etc.;
View and accept or reject requests addressed to them by other Users or by the Client Representative;
Provide feedback regarding shiftin;

IV. shiftin “Dos and Don’ts”

1. Dos: You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, labour laws and regulatory requirements.
Provide accurate information to us and keep it updated.
Use real data regarding the organization and the Personnel; and
Professionally use the Services and have a proper, civilised conduct toward the other participants on shiftin.

2. Don’ts: You agree that you will not:

Create a false identity on shiftin, misrepresent your identity, create a profile for anyone other than yourself (a real person) or Users/Personnel, if you have the authority, or use or attempt to use another’s account;
Use shiftin and its Services in order to evade applicable legislation regarding the Personnel and its personal data (e.g. force the Personnel into unwanted / unlawful actions; use the Services to evade paying bonuses or to make it difficult / impossible to Personnel to achieve goals / targets; exercise abusive control over the Personnel and or its personal data etc.);
Use shiftin and its Services for wage dumping and undeclared / illegal work or other similar practices that are against the law and/or harmful to the Personnel;
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services.
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of shiftin;
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;.
Violate the intellectual property or other rights of shiftin, including, without limitation, (i) copying or distributing the Services or (ii) copying or distributing our technology, unless it is released under open-source licenses.
Post anything that contains software viruses, worms, or any other harmful code.
Imply or state that you are affiliated with or endorsed by shiftin without the Company’s express consent (e.g., representing yourself as an accredited shiftin representative).
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without the Company’s consent.
Deep link to features and contents available on shiftin without the Company’s consent.
Use bots or other automated methods to access the Services, add or download contacts, send, or redirect messages.
Monitor the Services’ availability, performance, or functionality for any competitive purpose.
Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, harmful algorithms);

V. Intellectual Property Rights

THE COMPANY DOES NOT HAVE ACCES TO THE DATA UPLODED ON shiftin, ANY INTERVETION FOR SERVICE PURPOSES WILL BE MADE ONLY IF ALLOWED BY THE CLIENT.
NO content existing on shiftin can be downloaded without shiftin’s prior consent, with the exception of content owned by the Client regarding its organization and Personnel (tables with business data, names, positions of Personnel, business forecasts etc.).
You acknowledge and agree that shiftin may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Company, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on shiftin, including any of its Content, in whole or in part, except that the foregoing does not apply to the Client’s own content that they legally upload to shiftin.
You will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If access to shiftin is blocked by the Company (including by blocking the IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking the IP address or using a proxy IP address).
Any use of shiftin other than as specifically authorized herein is strictly prohibited. The technology and software underlying shiftin or distributed in connection therewith are the property of the Company, its affiliates and partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in shiftin. Any rights not expressly granted herein are reserved by the Company.
The Company’s name and logos are trademarks and service marks of the Company. Other Company’s product, and service names and logos used and displayed via shiftin may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms of Service or in shiftin should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company’s trademarks displayed on shiftin, without the prior written permission in each instance. All goodwill generated from the use of the Company’s trademarks will inure to the exclusive benefit of the Company.
Under no circumstances will the Company be liable in any way for any content or materials of any third parties (including Clients, Client Representatives, Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You agree that they must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
With respect to the content or other materials uploaded through shiftin or shared with others, you represent and warrant that you own all rights, titles and interests in and to such content, including, without limitation, all copyrights and rights of publicity contained therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about shiftin provided to the Company are non-confidential and the Company will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation.

VI. Personal Data Protection

Any processing of personal data is carried out in accordance with the legal provisions in force, in the manner and through the means provided in the Privacy Policy.

VII. Assignment and Subcontracting

The Company may assign to and / or subcontract a third party for shiftin Services, without your consent.

VIII. Confidentiality

The Company will maintain the confidentiality of any information it receives, with the exceptions set forth in these Terms of Service. The disclosure of the information provided may be made only under the conditions mentioned in these Terms of Service.
No public statement, promotion, press release or any other disclosure to third parties will be made by you regarding shiftin and the contractual relationship with the Company without the prior written consent of the Company.

IX. Force Majeure

Neither Party shall be held liable for partial or total non-compliance or delay in fulfilling the obligations assumed, when the respective non-fulfilment or delay was caused by a case of force majeure.
The Party invoking force majeure is required to inform the other Party in writing within a maximum of 15 (fifteen) days from the date of commencement of force and is required to take the necessary measures to limit its effects only if these measures are not too onerous.
The Party invoking force majeure shall also notify the other Party of the termination of the case of force majeure within five (5) days of termination.
If the case of force majeure lasts more than 15 calendar days, either Party may terminate the agreement, by written notice to the other Party, without the intervention of the court and without any obligation to pay compensation in this case.
For the avoidance of any doubt, pecuniary obligations arisen from the use of shiftin are not affected by the case of force majeure.

x. Statements and Limitation of Liability

The Company declares that it has all the necessary authorizations, approvals, qualifications and experience in order to run and provide shiftin.
By using shiftin, you express your choice and confidence regarding the Company and the services offered by the Company.
You are required to ensure that your devices meets the necessary specifications for running shiftin, all costs involved being borne by you (compatible devices, active internet connection etc.).
Under no circumstances may shiftin be used for purposes other than those mentioned herein. You understand and agree that you will not intervene in any way on shiftin for making unauthorized modifications / changes, you being fully responsible for the damages caused, in case of a violation.
The Company will constantly update the relevant information for Clients / Client Representatives and Users.
You understand that the Company has no obligation to verify, act and is not responsible for:
- the correctness or truthfulness of the data declared by you,
- the content that is published/accessed through shiftin,
- the effects of shiftin on any person using shiftin, including the Client and its organizations or Personnel,
- the interpretation or use given to the shiftin content,
- the actions taken by Clients / Client Representatives / Users as a result of accessing shiftin.
shiftin is made available “as is“, “with all flaws” and “as available“. The Company does not expressly or implicitly guarantee shiftin. shiftin does not benefit and is not entitled to any warranty, including warranties of merchantability, satisfactory quality, accuracy for any particular purpose or need.
You understand that access to shiftin may cease or be subject to change, the Company having no liability in this scenario.
The Company assumes no responsibility for interruptions to shiftin for improvements, maintenance, lack of internet or other scenarios in which shiftin cannot be accessed due to reasons that are not under the Company’s control. Nothing herein can be interpreted as an undertaking of the Company for a 100% functionality of shiftin at all times.
The Company will not be liable for any loss suffered by any person using shiftin, nor for indirect, special, incidental damages resulting from the use or inability to use shiftin.
For the avoidance of any doubt, the Company cannot be held liable for any indirect loss or damage (including, but not limited to loss of profit or opportunity), damages of any kind, costs, expenses or claims for any indirect compensation (caused in any way) that you or any third party may suffer as a result of or in connection with the Company’s fulfilment of any of its obligations and for damages resulting from the use of shiftin. You agree to release, indemnify and hold the Company and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to their use of shiftin, any user content, their connection to shiftin, their violation of these Terms of Service or their violation of any rights of another.
By using shiftinyou assume responsibility for maintaining the confidentiality of yours and your Users data (user and password) and for managing access to shiftin, and, to the extent permitted by applicable law, you are responsible for the activity carried out on shiftin. You will immediately notify the Company if you become aware of any violation or attempt of violation on your account.

XI. Dispute Resolution

The use of shiftin, the conclusion, execution and termination of the agreement are governed by Romanian law, which is supplemented where necessary with applicable European law.
Any dispute resulting from the use of shiftin will be settled amicably, as proven by documents. If the parties do not reach an agreement, within a maximum period of 60 days from the initiation, the dispute will be definitively resolved by the competent Romanian courts at the Company’s headquarters.

XII. Fraudulent actions

ANY ATTEMPT TO ACCESS THE PERSONAL DATA OF OTHERS ON shiftin OR TO MODIFY THE CONTENT OF shiftin OR TO AFFECT THE PERFORMANCE OF THE SERVER THAT shiftin IS RUNNING ON WILL BE CONSIDERED AN ACCOUNT OF FRAUD AND WILL LEAD TO THE INITIATION OF LEGAL ACTION AGAINST THOSE RESPONSBILE.