Terms of Service

1. Agreement to Terms

By accessing or using the SHIFT platform ("Platform"), operated by SHIFT PSM LLC ("SHIFT," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

These Terms constitute a legally binding agreement between you and SHIFT PSM LLC. You represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Platform on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

SHIFT is an integrated professional services management platform designed for service-based businesses, including but not limited to barbershops, salons, personal training studios, and consulting practices. The Platform provides:

• Appointment scheduling and calendar management
• Client relationship management (CRM)
• Payment processing and invoicing via Stripe Connect
• Financial reporting and double-entry bookkeeping
• AI-powered business intelligence and analytics
• Team and staff management tools
• Online booking pages for client self-service
• SMS notifications and reminders

SHIFT operates as both a software-as-a-service (SaaS) platform for service providers and a marketplace where clients can discover and book services with participating providers.

3. Account Registration

To use certain features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access to or use of your account

We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or remain inactive for an extended period. Account authentication is managed through Firebase Authentication, which may include email/password, phone number, or third-party OAuth providers.

4. Subscription Plans and Billing

Free Trial

New provider accounts are eligible for a 14-day free trial with full access to Platform features. No payment method is required to begin a trial. At the end of the trial period, you must select a paid subscription plan to continue using the Platform.

Subscription Tiers

SHIFT offers tiered subscription plans billed on either a monthly or annual basis. Annual subscriptions are billed upfront and include a discount compared to monthly billing. Specific pricing, features, and platform transaction fee rates for each tier are detailed on our Pricing page.

Billing

Subscription fees are charged in advance on a recurring basis (monthly or annually) using the payment method you provide. All subscription payments are processed through Stripe. You authorize us to charge your payment method for all applicable fees. If your payment method fails, we may retry the charge and/or suspend your account until payment is received.

5. Payment Processing and Fees

Stripe Connect

SHIFT uses Stripe Connect to facilitate payments between clients and service providers. As a provider, you must complete Stripe's onboarding process and agree to the Stripe Connected Account Agreement to receive payments through the Platform.

Platform Transaction Fees

In addition to your subscription fee, SHIFT charges a platform transaction fee on each client payment processed through the Platform. Transaction fee rates vary by subscription tier:

• Starter tier: 3% per transaction
• Pro tier: 2.5% per transaction
• Business tier: 2% per transaction

These platform fees are in addition to Stripe's standard processing fees (currently 2.9% + $0.30 per transaction), which are charged directly by Stripe. Platform transaction fees are non-refundable; however, when a service appointment is refunded, the corresponding platform fee is credited back to the provider's account.

Payouts

Provider payouts are managed by Stripe and subject to Stripe's payout schedules and policies. SHIFT does not hold client funds — payments flow through Stripe Connect directly to provider accounts, with applicable fees deducted automatically.

6. Booking and Appointment Terms

Appointments booked through the Platform are agreements between the client and the service provider. SHIFT facilitates the booking process but is not a party to the service agreement between clients and providers.

• Booking Holds: When a client initiates a booking, a 10-minute hold is placed on the time slot to prevent double-booking while the client completes payment. If payment is not completed within 10 minutes, the hold is released and the slot becomes available again.
• Provider Policies: Each provider may set their own cancellation, no-show, and rescheduling policies through the Platform. Clients agree to the provider's policies at the time of booking.
• Schedule Integrity: Booking availability is enforced at the database level to prevent overlapping appointments. The Platform prevents double-bookings through real-time availability checks.

7. Cancellation and Refund Policy

For complete details on cancellations and refunds for both subscriptions and service appointments, please refer to our Refund & Cancellation Policy.

Key highlights include:

• Monthly subscriptions may be cancelled at any time; access continues through the end of the current billing period
• Annual subscriptions are eligible for a prorated refund if cancelled within the first 30 days
• Service appointment cancellations are governed by the individual provider's cancellation policy
• Platform transaction fees are non-refundable but are credited back on refunded appointments

8. Acceptable Use

You agree not to use the Platform to:

• Violate any applicable federal, state, or local laws or regulations
• Infringe on the intellectual property rights of SHIFT or any third party
• Transmit any malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to the Platform, other accounts, or related systems
• Interfere with or disrupt the Platform's operation or infrastructure
• Scrape, crawl, or harvest data from the Platform without authorization
• Use the Platform to send unsolicited commercial communications (spam)
• Impersonate another person, business, or entity
• Create multiple accounts to circumvent restrictions, fees, or enforcement actions
• Use the Platform for any illegal, fraudulent, or deceptive purpose

We reserve the right to investigate violations and take appropriate action, including suspending or terminating your account and reporting illegal activity to law enforcement.

9. Intellectual Property

The Platform, including all software, design, text, graphics, logos, and other content ("SHIFT Content"), is the property of SHIFT PSM LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the SHIFT Content without our prior written consent.

You retain ownership of all content you upload to the Platform ("Your Content"), including business information, client data, and media. By uploading Your Content, you grant SHIFT a limited, non-exclusive license to use, store, and process Your Content solely to provide and improve the Platform's services.

10. SMS Communications and TCPA Compliance

The Platform uses SMS messaging (powered by Twilio) for appointment reminders, booking confirmations, and other transactional notifications. By providing your phone number and opting in, you consent to receive these messages.

• Message and data rates may apply depending on your mobile carrier
• You may opt out of SMS communications at any time by replying STOP to any message or updating your notification preferences in your account settings
• We will not send marketing or promotional SMS messages without your explicit opt-in consent
• SMS messages are limited to transactional purposes such as appointment confirmations, reminders, and status updates

SHIFT complies with the Telephone Consumer Protection Act (TCPA) and all applicable FCC regulations governing SMS communications. Providers using the Platform to send SMS messages to their clients are responsible for ensuring they have obtained proper consent from recipients.

11. Privacy and Data

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. By using the Platform, you acknowledge that you have read and understand our Privacy Policy.

Service providers are responsible for ensuring that their collection and use of client data through the Platform complies with applicable privacy laws and regulations. Providers must maintain their own privacy practices and disclosures as required by law.

12. Third-Party Services

The Platform integrates with and relies upon the following third-party services:

• Stripe: Payment processing and connected account management
• Twilio: SMS messaging and phone number verification
• Google Cloud Platform (GCP): Cloud infrastructure, data storage, and computing services
• Sentry: Error monitoring and application performance tracking
• Cloudflare: Content delivery, DDoS protection, and Turnstile bot verification

Your use of these third-party services through the Platform is subject to their respective terms of service and privacy policies. SHIFT is not responsible for the practices, policies, or availability of third-party services.

13. Disclaimers and Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SHIFT does not warrant that the Platform will be uninterrupted, error-free, or completely secure. We do not guarantee the accuracy, reliability, or completeness of any content on the Platform, including AI-generated insights and analytics.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFT PSM LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Platform shall not exceed the amount you paid to SHIFT in the twelve (12) months preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless SHIFT PSM LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any dispute between you and a client or provider facilitated through the Platform
• Your Content or any data you upload to the Platform

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by updating the "Last Updated" date at the top of this page and, for significant changes, by sending an email notification or displaying a prominent notice within the Platform.

Your continued use of the Platform after any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you should discontinue your use of the Platform and cancel your subscription.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law provisions.

Any dispute arising out of or relating to these Terms or the Platform shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may initiate binding arbitration or file a claim in the state or federal courts located in Lee County, Florida. You consent to the exclusive jurisdiction and venue of such courts.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in class action lawsuits or class-wide arbitration against SHIFT PSM LLC.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: support@goingshift.com
• Website: goingshift.com/contact
• Company: SHIFT PSM LLC, Lee County, Florida