We are a Midwest technology company with Midwest values. We charge for our services so we can protect your data and provide an experience that does not involve selling your company's information to any third parties. We value our customers and take our responsibility to provide you a solicitation free environment seriously.
Terms and Conditions
GoToShift is a cloud-based, shift scheduling platform that’s found at www.gotoshift.com, and may also provide applications found in the iOS and Android marketplaces. By using our platform, you agree that you are accepting our terms and conditions on behalf of your business. Terms and conditions are often updated, so it is your responsibility to review our terms regularly. Use of our service after terms have been updated signify that you and the business that you represent accept all revisions.
Terms of Service
GoToShift (GTS) reserves the right to modify our platform to suit the needs of our customers as a whole, which may require us to make decisions that may or may not be ideal to every industry and market. We reserve the right at any time to modify or discontinue either temporarily or permanently, the Services (or any part thereof) with or without notice, including modifying features or service packages to a customer for any reason.
1. Any data entered may be lost, if the business account remains delinquent for 30 days beyond failed payment.
2. Any data entered by a customer may be made public by a customer or their employees.
3. GTS support reserves the right to log into any business account when support is requested.
4. GTS reserves the right to analyze data provided by any customer to create modifications to analytics or services offered by GTS that we determine may be useful or helpful.
5. GTS requires that only an authorized representative may create an account on behalf of a business.
6. GTS requires each member of a business to register individually.
7. Our customers are required to understand local, state and federal policy on employing minors and agree to assume all liabilities associated with employing minors. GTS requires any customers maintain and provide GTS, upon request, parental permission documents that allow the minor to be employed.
8. All content and data provided by GTS is the exclusive property of GTS.
9. GTS does not have a relationship with any third party and any links found within a user’s logged-in environment, although not prohibited, have no affiliation with GTS and to utilize those links at your own risk and understand our terms and conditions do not extend beyond the GTS business entity.
10. Any data our customers elect to take to download or take to third party locations or services will be done at the logged-in users discretion. GTS will not be liable for any damages from downloaded or transferred data as this is an added feature for advancing reporting output.
11. You will not hold GTS liable in the event you do not understand how to use our platform or for any inaccurate data on our service that may drive business decisions.
12. Our customers understand computer networks are targets for hackers therefore GTS in no way will assume any liability for any virus, malware or code uploaded to our servers or from our servers by our customers.
13. GTS and its customers have the right to include the trademark name and logo of the other party in a list of customers and vendors to be used on one another’s websites. However, either party may request the removal of their owned trademark or logo at anytime from the other party requiring the other party to remove the trademark or logo from all its platforms within 30 days of receiving a written notice using the email address support@gotoshift.comfor communication.
14. GTS may discontinue this Website, the Platform, App or Services at any time and for any reason, or no reason, without notice.
15. GTS uses third party email, text, and push notifications. GTS is not responsible should these services fail to work at any given time. If theses outsourced services fail, please notify GTS and we will contact the provider.
16. GTS Website or App may be unavailable from time-to-time, due to maintenance or malfunction of computer or network equipment or other reasons.
Subscription and Service Cancellations
1. GTS provides customers with service upon registration. All customers must provide payment information within 30 days of registration. Our services may or may not include a free trial period. All customers will be charged 30 days after the end of their free trial period registration or after the trial period expires.
2. If you need to cancel you service with us. Because how we charge all you have to do is stop using us and you stop getting charged. Cancelation will result in your account being inaccessible. GTS may keep business records on our system servers in the event the business elects to reauthorize their account.
3. GTS may revoke access to a customer’s account without notice, including but not limited to, participation of illegal activity, violating our terms and conditions, by you or an affiliate of a customer account or a requests by government agencies or law enforcement.
Payment
1. Payment will be processed on a monthly basis. Our customers agree to keep payment information up-to-date, current and accurate. We use third party payment processing services and the service type used is subject to change solely at our discretion.
2. GTS may add or remove features from the service at any time.
3. GTS may impose reasonable limits on text and email notifications by account and may or may not provide businesses the ability to increase the amount of messages offered. GTS also reserves the right to convert any SMS and email notifications to application notifications at any time. Additionally, GTS may also implement upload or download data transfer limits at any point in time.
Content
1. Customers are responsible for all content and data uploaded to our system servers. GTS will not be responsible for any uploaded material made available by using the services. Customers are responsible for obtaining all necessary consents to upload user content, including any third-party content or personal information, to the services. GTS does not guarantee the accuracy or integrity of the data uploaded. GTS will not be liable in any way for any materials uploaded to our system servers for any reason including any business loss or damages of any kind incurred from utilizing GTS services. Users agree not to upload any info other users do not consent to. It is the uploaders responsibility to obtain consent from the users they elect to bring on board to GTS.
2. Customers are required to gain their own permission for providing data on any uploaded content for users under the age of 18 years old from the legal guardians of those minors and possess a record of that permission upon request from GTS.
3. GTS will have royalty free rights to all user content to use, copy, modify, transmit, display and distribute the content to provide, improve, or market the Services. GTS also has the right to use, store, and manipulate user content to create valuable analytics for our customers. GTS shall own all rights, title and interest in and to any anonymous data, including all intellectual property rights in the anonymous data. You agree GTS owns the exclusive rights to any valuable analytics or features created either by us or per your request allowing GTS to provide any features or analytics for monetization.
Public and Private Data
1. Any data or content uploaded to a users logged-in environment can be made public by that logged in user or by the user the specific data pertains to. Any business analytics or business data that is not available publicly can only be made public by the admin, site admin, or manager of a business location. Users can make data of specific business locations public if they have manager, site admin or admin permissions to do so.
2. If your user content will include any personal data of individuals located in the European Economic Area, you are responsible for notifying GTS.
Not Permissible on GTS Platforms
1. All customers agree not to post or provide any data or content that can be considered illegal, threatening, harmful, harassing, abusive, defamatory, racial, or vulgar. You also agree not to provide nude or pornographic content or content that encourages criminal activity. You agree not to upload any content that is considered intellectual property or trade secrets. You agree you will not upload any trademarked names or trademarked logos or copyright data that you or the company you represent do not own. You will not make an attempt to upload computer code to our platform that scans or tests our server for vulnerabilities. You agree not to interact with our servers in any way that compromises our platform security and/or liability. We will not be hiring a private security company to test our servers for security now or at any point in the future so this document will be presented as evidence you were not hired by us to test security vulnerabilities. Customers also agree not to upload or provide any data on users under 18 years of age that could harm the minor in any way. GTS reserves the right to remove any content about minors authorized or unauthorized for any reason at any time, per the request of the legal guardians of the minor or at our discretion. All customers agree not to misrepresent their business, public profile or impersonate another business or user on our platform.
Liability
1. You agree to defend, indemnify and hold harmless GTS and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to the following:
1. Attorney’s fees arising from your use of and access to the platform or services, including any user content transmitted or received by you or your employees.
2. Violation of any term of this Agreement, including without limitation breach of any of the representations and warranties above, by you or your users.
3. Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.
4. Violation of any applicable law, rule or regulation by you or your users, including applicable labor laws.
5. User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information.
6. Our gross negligence or willful misconduct.
7. Any other party’s access and use of the Services (or access and use of any third-party service via the Services) with your unique username, password or other appropriate security code.
Governing Law and Jurisdiction
1. All matters relating to the Products and these Terms of Service and any dispute or claim arising from or related to the Products or these Terms of Service (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule, whether of the State of Ohio or any other jurisdiction.
2. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Bowling Green and County of Wood (although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country). You waive any and all objections to the exercise of jurisdiction over you by such courts and to a venue in such courts.