These Terms of Use are an agreement between you and Shift Exchange ("we", "us"), the operator of Shift Exchange at https://shifts.unioncontractai.com (the "Service"). You enter this agreement when you affirmatively accept it during registration or a later acceptance process. If you do not agree, do not create an account or use member features. You may still contact us about privacy, account closure, or an existing dispute.
Summary. Shift Exchange helps eligible adult employees at enrolled U.S. workplaces arrange shift trades and communicate. We are independent of your employer and union. Your employer's approval process and official schedule govern your work obligations. Member-only access does not guarantee secrecy. Sections 9 through 12 contain important warranty, liability, and dispute provisions, subject to rights that cannot legally be waived.
1. The Service and your employment
The Service provides shift postings, member messages, discussion rooms, notifications, and reference materials. It is intended for people age 18 or older working at enrolled workplaces in the United States.
We are not your employer, staffing agency, union, bargaining representative, or a party to a trade, collective bargaining agreement, or employment relationship. Workplace names and reference materials do not imply endorsement. Material supplied by members or administrators may be incomplete or outdated and is not legal, employment, tax, financial, or safety advice.
A posting, claim, confirmation, or alert does not itself change your official schedule. You must independently verify qualifications, required approvals, hours, rest requirements, and compliance with applicable law, workplace rules, and any collective bargaining agreement. Use the employer's required approval process and official records. We do not guarantee a coworker's attendance, eligibility, performance, or an employer's approval, and we do not determine wages, overtime, discipline, or other employment consequences.
Member administrators manage access and certain workplace features. Their permissions do not authorize them to bind us, make warranties for us, or approve a trade on an employer's behalf. Their conduct and our own responsibilities remain subject to applicable law.
2. Eligibility and access
An "Eligible User" is an individual who (a) is at least 18; (b) works in a non-supervisory, non-management position at an enrolled U.S. workplace; (c) does not hold or act in a management, supervisory, human-resources, labor-relations, security, or workforce-monitoring role for an employer; (d) has a valid invitation and the required member-administrator approval; and (e) maintains one account in their own accurate identity. Providing employee representation as a union officer or steward, without employer management or supervisory authority, does not itself disqualify someone.
Your certification. You represent that you meet these requirements, your registration information is accurate and your own, and you are not obtaining access on behalf of an ineligible person or to monitor workers for an employer. Eligibility is an ongoing condition. If your role changes or you otherwise become ineligible, stop using member features and notify UnionContractAI@outlook.com promptly.
We grant Eligible Users a limited, personal, nonexclusive, nontransferable, revocable permission to use member features under these terms. Ineligible persons have no permission to register or use those features. Misrepresentation is a material breach. We may deny, suspend, or revoke access and seek remedies available under applicable law. This agreement does not itself determine whether conduct violates a criminal or computer-access statute.
Do not share credentials, lend an account, obtain access by proxy, circumvent access controls, or access member features after permission is revoked. The lawful disclosures described in section 4 do not authorize account sharing or access by an ineligible person.
We or a member administrator may request reasonable evidence of eligibility. Submit only what is necessary; do not send Social Security numbers, government identification documents, or unrelated employment records unless we provide a specific secure and lawful verification process. We may suspend access while eligibility is unresolved, including if you do not respond within 14 days. We may act sooner to protect members or the Service. You may request review at UnionContractAI@outlook.com.
Eligibility and moderation decisions must not unlawfully discriminate or be used as a pretext to exclude someone for union membership or non-membership, union office, or legally protected activity. Our eligibility rules are product access rules, not a determination of anyone's statutory employment status or labor-law protections.
3. Your account
Protect your credentials and devices, keep your contact information current, and promptly report suspected unauthorized access to UnionContractAI@outlook.com. You are responsible for your own actions and activity you authorize through your account, subject to applicable law; you are not automatically responsible for every unauthorized act by someone else.
Member administrators use identifying and workplace information to review eligibility. Approval does not guarantee the identity or trustworthiness of any member. Use a personal email address and device if you want to reduce the risk of employer access; we cannot control employer monitoring of employer-managed accounts, networks, or devices.
4. Acceptable use and lawful disclosures
You agree not to:
- impersonate anyone, misrepresent eligibility, or maintain multiple accounts;
- post a shift you are not entitled to offer, knowingly false trade information, or content that violates another person's intellectual property or privacy rights;
- scrape, harvest, export, redistribute, or use member information to monitor workers or provide an employer with access to member discussions;
- bypass authentication, workplace boundaries, rate limits, or other access restrictions, or use unauthorized automated access;
- threaten, unlawfully harass, defame, dox, discriminate unlawfully, introduce malicious code, or disrupt the Service;
- upload confidential employer, customer, passenger, patient, security, or other third-party information without a lawful right to disclose it;
- offer unlawful goods or transactions, or sell shifts where prohibited by law, your contract, or workplace rules;
- advertise, recruit, or solicit commercially except for permitted personal listings in designated rooms.
Protected disclosures and activity. Nothing in these terms prohibits lawful reporting to a government agency, law enforcement, or a regulator; cooperating with an investigation; complying with legal process; obtaining confidential advice from an attorney or authorized employee representative; exercising protected labor or whistleblower rights; or giving an honest review protected by law. You may share the minimum information reasonably needed to obtain required approval of your own trade. These exceptions do not permit unrelated disclosure of other members' personal information. No provision requires prior permission or notice for legally protected reporting.
We may investigate reports, remove content, restrict features, or suspend or terminate access for violations or to address security, legal, or operational risks. We do not promise to monitor every communication or resolve every member dispute. Report abuse or a mistaken restriction to UnionContractAI@outlook.com; emergencies should be reported to the appropriate emergency service.
5. Content, privacy, and third-party materials
Your content. You retain ownership of your content and represent that you have the rights needed to submit it. You grant us a nonexclusive, worldwide, royalty-free license to host, copy, transmit, display, and technically format it only as reasonably necessary to operate, secure, support, and moderate the Service, comply with law, and carry out the retention practices in the Privacy Policy. We may permit our service providers to do these things for us under appropriate restrictions. This license ends when the content is deleted from our systems, subject to the policy's limited retention exceptions. We do not sell member content or use it to train machine-learning models.
We and our licensors retain rights in the Service's software, design, and branding. These terms grant no ownership rights in them. Third-party websites, services, reference materials, and member transactions have their own terms and risks; we do not endorse or guarantee them.
Audience and confidentiality. Workplace rooms reach approved members at that workplace; system-wide rooms reach approved members across workplaces of the same employer. Trade messages are intended for their participants and have no routine member-administrator inbox. Authorized operators and providers can access underlying records for the purposes described in the Privacy Policy. Messages are not represented as end-to-end encrypted or legally privileged. Recipients can copy or disclose information, and legal process may require disclosure. Do not post information on the assumption that an employer or anyone else can never obtain it.
We do not provide an employer account, dashboard, or routine member-data feed. The Privacy Policy explains disclosures, including legal requirements. Member sales, advice, and promises are the responsibility of the members involved, subject to rights that applicable law gives you against us.
Copyright complaints. Send complaints to UnionContractAI@outlook.com, identifying the work, the allegedly infringing material and its location, your contact information, your authority to act, and the basis for the complaint. We may remove or restrict disputed content and terminate repeat infringers in appropriate circumstances. Any statutory notice and counter-notice procedure remains subject to applicable law.
6. Notifications
Notifications are a convenience, may be delayed or fail, and are not a substitute for checking your official schedule. You control optional alerts through available settings. Push notifications require device or browser permission and may appear on a shared device or lock screen. Room push alerts identify the room without including the message text. Necessary account, legal, and security communications may continue while needed to administer your account or fulfill legal obligations.
These terms do not provide consent to marketing calls or texts. If SMS or another channel requiring separate consent is offered, its enrollment process must supply the required disclosures and obtain that consent before sending messages.
7. Suspension, closure, and service changes
You may stop using the Service and request account closure at UnionContractAI@outlook.com. Data deletion and retained records are addressed in the Privacy Policy.
We may suspend or terminate access for a breach, ineligibility, security concerns, legal requirements, or discontinuation of the Service. Where reasonably practicable and lawful, we will give notice and a way to ask for review. We may change features.
Termination does not erase accrued obligations or lawful remedies. Sections 4, 5 (only to the extent needed for retained content and existing rights), and 9 through 13 survive to the extent relevant. Survival does not override applicable law or make a rescinded or invalid provision enforceable.
8. Changes to these terms
Changes apply prospectively. We update the version and request affirmative acceptance before further use of member features under the revised terms. Material changes will receive reasonable advance notice unless a shorter period is reasonably necessary for legal or security reasons. Changes do not rewrite an already accrued dispute or retroactively authorize a new use of personal information. If you decline, you may stop using the Service and request closure or exercise privacy rights without accepting the change.
Acceptance records identify the version and a cryptographic hash of the documents shown. We retain prior versions and the operator details needed to reproduce them.
9. Warranty disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant uninterrupted or error-free operation, complete security, accurate member content, successful trades, or timely notifications. This does not disclaim an express obligation in these terms or a warranty or remedy that cannot lawfully be excluded.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Shift Exchange and its owners, officers, employees, contractors, and service providers acting in connection with the Service (the "Protected Parties") are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including resulting loss of wages, shifts, profits, data, or employment opportunities, arising from the Service, even if advised of their possibility.
The Protected Parties' combined aggregate liability to you for claims arising out of or relating to the Service or these terms will not exceed US$100. Related events are treated as one event for this calculation. This limitation applies regardless of legal theory to the extent permitted by law.
These exclusions and this cap do not apply to fraud, willful misconduct, gross negligence, bodily injury or death caused by a Protected Party's negligence, or any liability or statutory remedy that applicable law does not allow us to exclude or limit. Mandatory rights under the laws applicable to you remain intact. If an exclusion or limitation is not permitted for a particular claim, only that exclusion or limitation is inapplicable to that claim.
11. Third-party claims
To the extent permitted by law, you will indemnify the Protected Parties for damages, reasonable legal fees, and costs awarded in a third-party claim, or included in a settlement you approve, to the extent caused by your knowing misrepresentation of eligibility, unlawful conduct, material breach of these terms, or infringement of another's rights through your content. This does not cover a Protected Party's own negligence, misconduct, breach, or violation of law, or your lawful exercise of protected rights.
We will promptly notify you of a claim, with any delay reducing your obligation only to the extent it prejudices you, and reasonably cooperate at your expense. You may control the defense through reasonably qualified counsel, subject to conflicts of interest and our right to participate at our expense. No settlement may admit fault by, impose nonmonetary duties on, or fail to release a Protected Party without that party's written consent, not unreasonably withheld. This section does not shift fees for a direct dispute between you and us.
12. Disputes and Florida law
Informal resolution. Before filing a lawsuit, you and we agree to make a good-faith attempt to resolve the dispute by written notice describing the facts and requested relief and allowing 30 days for a response. Notices to us go to UnionContractAI@outlook.com. This step does not delay a filing needed to preserve a legal deadline, prevent urgent court relief, restrict a government complaint, or condition the exercise of privacy or cancellation rights.
Law and venue. Florida law governs these terms, excluding conflict-of-laws rules, except that applicable federal law and nonwaivable protections under the law of your state remain controlling. Subject to those protections, claims may be brought only in the state courts in the Florida county where the operator maintains its principal business office or, where federal subject-matter jurisdiction exists, the federal district court serving that county. Either party may instead bring an eligible individual claim in a small-claims court with jurisdiction, including where you reside. If mandatory law gives you another forum, this provision does not remove it.
Court remedies and costs. Either party may seek equitable relief from a court with jurisdiction, subject to the court's ordinary standards; no injunction, bond waiver, or finding of irreparable harm is automatic. Each party bears its own attorney's fees and costs except where applicable law or a court rule provides otherwise. Applicable statutory limitation periods govern; these terms do not shorten them. These terms do not require arbitration or waive class proceedings or a jury trial.
13. General and contact
These terms and any applicable checkout offer constitute the agreement governing use and purchases. A checkout offer controls a conflict about the specifically purchased plan, but cannot override nonwaivable rights. The Privacy Policy describes our information practices; accepting these terms is not blanket consent to otherwise unlawful processing.
If a provision is unenforceable, it will be severed to the extent necessary and the remainder will continue if lawful. Failure to enforce a right is not a waiver. You may not transfer your account or this agreement without our consent. We may assign it in a merger, reorganization, or transfer of the Service if the successor assumes our obligations, including applicable privacy commitments; any required notice and consent still apply.
Events outside reasonable control may excuse delayed performance only to the extent permitted by law, and do not excuse required security measures or privacy duties. The Protected Parties are intended beneficiaries only of sections 10 and 11; otherwise there are no third-party beneficiaries. Headings and summaries are for convenience.
Questions, notices, appeals, and cancellation requests: UnionContractAI@outlook.com. Postal address: Shift Exchange, [registered business address to be added].