1. About this disclaimer
This Disclaimer applies to the website at shiftkumo.com and to the ShiftKumo Service operated by AVERCYN GLOBAL INC ("ShiftKumo", "we", "us"). It should be read together with our Terms of Service, and if the two conflict, the Terms of Service prevail.
In short: ShiftKumo is a tool that helps you build and manage schedules. It does not give legal, labor-law, tax or payroll advice. You remain responsible for checking your schedules and for complying with the employment laws that apply to your business.
2. Information on our website
The content on our website, including feature descriptions, guides, articles, examples and support materials, is provided for general information only. We work to keep it accurate and current, but we do not guarantee that it is complete, accurate or up to date at all times. Do not rely on it as the sole basis for business, legal or financial decisions.
3. Not legal, labor-law, tax or payroll advice
Nothing on our website or in the Service is legal, labor-law, tax, accounting or payroll advice. Employment laws differ widely between countries, states, provinces and cities, and they change over time. These laws cover areas such as working hours, rest breaks, overtime, minimum wage, predictive scheduling, record-keeping and the employment of minors. For advice about your own situation, consult a qualified lawyer, accountant or payroll professional.
4. Scheduling tools are aids, not guarantees
ShiftKumo includes features that help you plan and run your workforce: auto-scheduling, labor-rule checks (such as maximum hours, minimum rest between shifts and overtime limits), overtime alerts and labor cost forecasts. These features:
- work only with the rules, availability, skills, contracted hours and rates that you enter, so they are only as accurate as that information;
- produce drafts and alerts for your managers to review. They do not make final decisions;
- may not reflect every legal requirement, collective agreement or company policy that applies to you; and
- do not guarantee that a schedule complies with any law.
5. Your responsibility for compliance
As the employer, you remain responsible for complying with all employment, labor, wage-and-hour, health-and-safety and anti-discrimination laws that apply to your business. That includes:
- setting up labor rules in ShiftKumo that reflect your legal obligations;
- reviewing each schedule before you publish it;
- approving or rejecting time-off requests, shift swaps and open-shift claims; and
- keeping the employment records the law requires.
6. Time records, labor costs and payroll exports
Timesheets, clock-in and clock-out records, labor cost figures and CSV or Excel exports are based on the data entered by you and your staff. Before you run payroll, review exported hours and totals, check them against your records, and correct any errors in clock-in times or rates. We are not responsible for payroll errors caused by inaccurate or incomplete data. Labor cost forecasts are estimates, and actual costs may differ.
7. No warranties
To the maximum extent permitted by law, the website and the Service are provided "as is" and "as available", without warranties of any kind, express or implied. This includes warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that it will meet every requirement of your business. Some jurisdictions do not allow certain warranties to be excluded. Where that is the case, this section applies only as far as the law allows.
8. Links to other websites
Our website and the Service may link to third-party websites and resources, such as official government labor information. We provide these links for convenience only. We do not control and are not responsible for their content, accuracy, availability or privacy practices, and a link does not mean we endorse them.
9. Examples, illustrations and testimonials
Sample schedules, names, businesses, figures and screenshots on our website are illustrative only. Any people or businesses shown in examples are fictional unless we say otherwise. Customer comments and results reflect individual experiences and are not a promise that you will get the same results. Time savings and cost reductions depend on how you use the Service and on your business.
10. Limitation of liability
To the maximum extent permitted by law, AVERCYN GLOBAL INC is not liable for any loss or damage arising from your reliance on information on our website, or from scheduling, staffing or pay decisions you make using the Service. Our total liability is limited as set out in our Terms of Service, to the fees you paid us for the Service in the 12 months before the claim arose. Nothing in this Disclaimer limits liability that cannot be limited under applicable law, or your mandatory rights as a consumer.
11. Changes to this disclaimer
We may update this Disclaimer from time to time. The "Last updated" date at the top of this page shows when it last changed.
12. Contact us
If you have questions about this Disclaimer, e-mail support@shiftkumo.com.
AVERCYN GLOBAL INC1660 LINCOLN STREET, DENVER, CO 80264, USA
E-mail: support@shiftkumo.com
Website: shiftkumo.com
Support hours: Monday–Friday, 9:00–18:00 JST (UTC+9), excluding Japanese public holidays