Terms of Service

1. Agreement to these Terms

These Terms of Service (the "Terms") form a binding agreement between you and AVERCYN GLOBAL INC ("ShiftKumo", "we", "us" or "our"). They govern your access to and use of the ShiftKumo employee scheduling service, including the website at shiftkumo.com, the ShiftKumo web app and mobile web app, and the related e-mails, notifications and support we provide (together, the "Service").

By starting a free trial, purchasing a subscription, creating an account or otherwise using the Service, you confirm that you have read and accept these Terms, together with the documents they refer to: our Privacy Policy, Refund Policy, Cancellation Policy and Cookie Policy. If you do not agree, please do not use the Service.

If you accept these Terms on behalf of a company or other organization, "you" and "Customer" mean that organization, and you confirm that you are authorized to bind it to these Terms.

2. Eligibility

To use the Service, you must:

• be at least 18 years old and legally able to enter into a binding contract;
• use the Service for business purposes, that is, to schedule and manage the staff of a company, an organization or your own business; and
• not be prohibited from receiving the Service under the laws that apply to you, including applicable sanctions and export-control laws.

The Service is not directed to children. Staff accounts are created and managed by the Customer, and Section 9 explains the Customer's responsibilities for the people whose information it enters.

If the law of your country treats you as a consumer when you use the Service, you also benefit from any mandatory consumer protections that apply to you. Nothing in these Terms limits those protections.

3. Accounts and workspaces

Each subscription covers one workspace, meaning one business account. A workspace can include unlimited employees, unlimited locations and unlimited schedules. The person who signs up is the account holder. Within the workspace, you can invite managers and staff ("Authorized Users") and give them manager or staff permissions. Staff can use the Service from any phone browser, so nothing needs to be installed.

You agree to:

• provide accurate, current and complete information when you sign up and keep it up to date. This matters most for your account e-mail address, which we use for receipts, reminders and important notices;
• keep sign-in credentials confidential and give each person their own sign-in rather than sharing one;
• make sure your Authorized Users follow these Terms, because you are responsible for activity in your workspace; and
• tell us promptly at support@shiftkumo.com if you suspect anyone has accessed your account without permission.

4. The Service

ShiftKumo is web-based employee scheduling software (also called shift scheduling or rostering software), sold as a subscription. With the Service you can:

• build weekly and monthly shift schedules with drag-and-drop and reusable shift templates;
• auto-schedule, which generates a draft roster from staff availability, skills, contracted hours and labor rules (such as maximum hours, minimum rest between shifts and overtime limits). Managers then review the draft and publish it;
• collect availability and time-off requests, with an approval workflow;
• handle shift swaps and open shifts that staff can claim, with manager approval;
• publish schedules and notify staff by e-mail and in-app notifications;
• record clock-in and clock-out times from a phone or a shared tablet, and review timesheets;
• forecast labor costs, get overtime alerts and compare your budget with actual costs;
• export hours to CSV or Excel for payroll;
• manage multiple locations, departments and roles with manager and staff permissions; and
• use the interface in English or Japanese. Each user chooses their own language.

Every plan includes every feature, unlimited employees, unlimited locations and unlimited schedules. The plans differ only in their billing period. See our Features page for an overview.

We keep improving the Service, so we may add, change or remove features. We will not materially reduce the core scheduling functionality of the Service during a billing period you have already paid for, except if we stop offering the Service entirely as described in Section 14. Where reasonably possible, we will tell you in advance about any change that would materially and adversely affect you.

5. Free trial

Every plan starts with a 1-hour free trial, so you can try the full Service before you pay.

• A payment card is required to start the trial.
• Nothing is charged at sign-up (US$0 / ¥0). Your card issuer may show a temporary authorization hold, which is released automatically.
• Exactly 1 hour after your trial starts, the full price of the plan you selected is charged to your card unless you cancel before the hour ends. That charge starts your first billing period. After that, your subscription renews automatically as described in Section 7.
• During the trial, you can cancel instantly in the app at Settings → Billing → Cancel trial. If you cancel before the hour ends, you are not charged.
• If you e-mail us to cancel during the trial and the hour runs out before we process your message, we will refund that charge in full.
• One free trial is available per customer and per business. We may decline or end a trial that we reasonably believe is a duplicate.

If the trial ends and you are charged, that payment is covered by our 30-day money-back guarantee like any other (Section 8).

6. Plans, prices and payment

We offer the plans below. Every plan includes the same features. Only the billing period and the price differ.

• Currency. You choose US dollars (USD) or Japanese yen (JPY) at checkout, and you are charged in that currency.
• All-in prices. The price shown is the total price for each billing period. There are no setup fees and no hidden fees, and any applicable taxes are included in the price shown. Your bank or card issuer may add its own foreign-transaction fee. We do not control that fee and do not receive it.
• Accepted cards. We accept Visa, Mastercard, American Express, JCB, Discover, Diners Club and UnionPay.
• Secure processing. Payments are processed by a PCI DSS Level 1 certified payment processor. ShiftKumo never stores full card numbers. The payment processor's own terms may also apply to your payment.
• Authorization. By giving us a card, you authorize us (through our payment processor) to charge your plan price when your trial ends and at each renewal until you cancel. You also confirm that you are authorized to use that card.
• Statement descriptor. Charges appear on your card statement as SHIFTKUMO.COM.
• Receipts. We e-mail a receipt for every charge to your account e-mail address.
• Failed payments. If a charge is declined, we will tell you by e-mail so you can update your card. If payment is not completed, we may suspend access to the Service until it is.

The disclosures required for customers in Japan under the Act on Specified Commercial Transactions are on our Commerce Disclosure page.

7. Automatic renewal and price changes

Your subscription renews automatically at the end of each billing period for another period of the same length, unless you switch plans. Each renewal is charged at your current plan's price to the card on file. This continues until you cancel.

Plan changes. You can switch to a longer or shorter billing period in Settings → Billing. The switch takes effect at your next renewal, which is charged at the new plan's price and lasts for the new plan's period. The period you have already paid for does not change.

• We e-mail a receipt for every renewal charge.
• For plans of 12 months or longer (Annual, 2-Year and 3-Year), we send a renewal reminder e-mail 7 days before the renewal date.
• We announce any price change by e-mail at least 30 days in advance. A new price applies only from your next renewal after that notice, and you can cancel before then if you do not want to continue.

By starting a subscription, you agree to these recurring charges. To stop future renewals, cancel at any time as described in Section 8.

8. Cancellation and refunds

Cancellation

You can cancel at any time, and there is no cancellation fee. You can cancel in either of these ways:

• In the app: go to Settings → Billing → Cancel subscription. During the free trial, use Settings → Billing → Cancel trial instead.
• By e-mail: write to support@shiftkumo.com from your account e-mail address with the subject "Cancel subscription".

Cancellation stops all future renewals. You keep access until the end of the period you have already paid for, and we e-mail you a cancellation confirmation immediately. Our Cancellation Policy has the full details.

30-day money-back guarantee

Every payment can be refunded in full within 30 days of the charge date, no questions asked. This includes your first payment and every renewal. To request a refund, go to Settings → Billing → Request refund, or e-mail support@shiftkumo.com from your account e-mail address with the subject "Refund request".

When a payment is refunded under the 30-day guarantee, the related subscription is cancelled and access ends at that time. Refunding a charge we made in error (such as a duplicate charge) does not affect your subscription. After 30 days, payments are not refundable, except where the law requires otherwise, for charges made in error by us (such as duplicate charges), which we always refund in full, or if we stop offering the Service, as described below. Our Refund Policy has the full details, including timing.

If you have a billing problem, please contact us before you file a chargeback with your bank. We resolve billing issues quickly.

9. Customer Data and data protection

Your data belongs to you

"Customer Data" means the information that you and your Authorized Users enter into or create in your workspace. Examples include employee names and contact details, availability, time-off requests, shifts, clock-in and clock-out times, timesheets and hourly rates. As between you and us, you own Customer Data. You give us a limited right to host, copy, process and display it, only as needed to provide, secure and support the Service for you and as these Terms describe.

Our roles

For Customer Data, you are the controller (or "business") and we act as your processor (or "service provider"). For the account, billing and website data that we collect for our own purposes, we are the controller. Our Privacy Policy describes that processing.

Your responsibilities

• You are responsible for the lawfulness of Customer Data and for having a valid legal basis to use it. That includes giving your staff any notices and getting any consents that the law requires.
• You are responsible for the accuracy of the information you enter, and for answering your staff's requests about their personal information. We will help, as described below.
• Enter only the information you need to schedule and pay your staff. Do not enter special categories of data, such as health information, unless you have a lawful basis to process it and it is necessary.

Our commitments as your processor

When we process Customer Data, we will:

• process it only on your documented instructions, which are these Terms and the way you use and configure the Service, unless the law requires otherwise. If it does, we will tell you before processing unless the law prohibits that;
• make sure that personnel who can access it are bound by confidentiality, and that access is limited to those who need it on a least-privilege basis;
• protect it with appropriate technical and organizational measures. These include TLS 1.2 or higher in transit, AES-256 encryption at rest, daily encrypted backups and role-based access controls;
• use sub-processors only for cloud hosting, payment processing, transactional e-mail and customer support tooling. Each one is bound by a written contract that protects data at least as well as these Terms, and we remain responsible for them. A current list is available on request;
• protect international transfers with Standard Contractual Clauses or an equivalent mechanism;
• help you, as far as the nature of the processing allows, to respond to requests from individuals and to meet your obligations on security, breach notification and data protection impact assessments;
• tell you without undue delay after we become aware of a personal data breach affecting Customer Data;
• when the Service ends, make Customer Data available for export and then delete it, as described in Section 15;
• give you the information you reasonably need to show that we meet these commitments; and
• as a service provider under the California Consumer Privacy Act, not sell or share Customer Data. We will not retain, use or disclose it for any purpose other than providing the Service to you or as the law otherwise permits, and we will not combine it with personal information from other sources except as the law permits.

Aggregated information

We may use aggregated, de-identified information about how the Service is used to maintain and improve it. This information does not identify you, your staff or any other individual.

10. Acceptable use

You must not do any of the following, or allow anyone else to:

• use the Service in violation of any law, including employment, labor, privacy and anti-discrimination laws;
• enter information that you have no right to use, or that is unlawful, defamatory or harassing, or that infringes anyone else's rights;
• use the Service to send spam or other unsolicited messages;
• try to access accounts, workspaces or data that are not yours, or probe, scan or test the vulnerability of the Service without our written permission;
• introduce malware, or interfere with or disrupt the integrity or performance of the Service;
• copy, modify, reverse engineer or create derivative works of the Service, except where the law expressly allows this despite this restriction;
• access the Service with bots, scrapers or other automated means, except as we expressly allow;
• resell, sublicense or provide the Service to third parties, or use it to build a competing product; or
• get around billing, usage limits or the one-free-trial-per-customer rule.

We may investigate suspected violations and take appropriate action. That action may include removing content or suspending accounts, as described in Section 14.

11. Intellectual property and feedback

The Service and everything we provide as part of it, including software, designs, text, graphics and logos, is owned by AVERCYN GLOBAL INC or its licensors and is protected by intellectual property laws. Customer Data is not included in this. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and non-sublicensable right, during your trial and subscription, for you and your Authorized Users to access and use the Service for your internal business purposes. We reserve all rights not expressly granted.

"ShiftKumo" and our logos are our trademarks. You may not use them without our permission, except to refer accurately to the Service.

We welcome your ideas. You can send feedback by e-mail with the subject "Product feedback", or in the app under Help → Send feedback. If you send us feedback, you give us a free, worldwide and perpetual right to use it to improve our products, with no obligation to you. Feedback does not include Customer Data, which remains yours.

To report material that you believe infringes your copyright, see our Copyright & DMCA Policy.

12. Third-party services

The Service relies on third-party providers, such as our payment processor and our cloud hosting and e-mail delivery providers. When you pay, you enter your card details on the payment processor's secure checkout page, and its own terms and privacy notice may also apply. Our website and the Service may link to third-party websites. We are not responsible for their content or practices. Your use of the Service also depends on your own devices and browsers and on your internet and mobile network providers, which are outside our control.

13. Availability, maintenance and support

We work hard to keep the Service available around the clock, but we do not guarantee that it will be uninterrupted or error-free. Maintenance, updates, failures at third-party providers and events beyond our reasonable control can all affect availability. We plan maintenance to keep disruption to a minimum. Where reasonably possible, we give advance notice of planned maintenance that we expect to cause significant downtime.

Support is available by e-mail at support@shiftkumo.com, Monday to Friday, 9:00–18:00 JST (UTC+9), except Japanese public holidays. We reply in English or Japanese, with a first reply within 1 business day. You can also visit our Support page.

We make daily encrypted backups for disaster recovery. They do not replace your own records. Export and keep any hours, timesheets and other records that you are legally required to retain.

14. Suspension and termination

You may stop using the Service and cancel at any time (Section 8).

We may suspend or end your access to all or part of the Service if:

• you materially breach these Terms, including the acceptable use rules, and you do not fix the breach within a reasonable time after we tell you about it (where it can be fixed);
• a payment is not completed;
• we reasonably need to act to prevent fraud, abuse of the free trial, or a security risk to the Service, our customers or others; or
• the law or a competent authority requires it.

Where reasonably possible, we will tell you before we act and give you a chance to resolve the issue. We lift a suspension once the issue is resolved. If we stop offering the Service entirely, we will give you at least 30 days' notice by e-mail so you can export your data, and we will refund any prepaid fees for the unused part of your billing period.

Some provisions continue to apply after these Terms end because of their nature. These include the sections on Customer Data, intellectual property, disclaimers, limitation of liability, indemnification and governing law.

15. Data export and deletion

While you have access, you can export your data to CSV or Excel at any time, including hours for payroll.

After your subscription ends, we keep your workspace data for 30 days so you can reactivate or export it. This applies whether the subscription ended through cancellation, a refund or termination. After those 30 days, the workspace data is permanently deleted.

You can ask us to delete your workspace sooner by e-mailing support@shiftkumo.com from your account e-mail address. We keep billing records for as long as tax law requires (up to 7 years) and support correspondence for 3 years, as our Privacy Policy explains.

16. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available". We disclaim all warranties, express or implied. These include implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted or error-free or will meet all of your requirements.

Auto-scheduling, labor-rule checks, overtime alerts and labor cost forecasts are tools to help you. They are not legal, labor-law, tax or payroll advice. You are responsible for reviewing schedules before you publish them, for the accuracy of the payroll data you export, and for complying with the employment and labor laws that apply to your business. Our Disclaimer explains more.

Some jurisdictions do not allow certain warranties to be excluded. Where that is the case, these exclusions apply only as far as the law allows.

17. Limitation of liability

To the maximum extent permitted by law:

• AVERCYN GLOBAL INC and its officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or relating to these Terms or the Service, even if we were told such damages were possible. This does not affect our commitments on Customer Data in Section 9; and
• our total liability for all claims arising out of or relating to these Terms or the Service is limited to the total fees you paid us for the Service in the 12 months before the claim arose.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. That includes liability for fraud, for death or personal injury caused by negligence, and for gross negligence or willful misconduct. Nothing in these Terms affects any mandatory rights you have as a consumer.

18. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless AVERCYN GLOBAL INC and its officers, employees and agents against third-party claims, and the related losses, damages, fines and reasonable costs (including reasonable legal fees), that arise from:

• Customer Data or your instructions about it;
• a breach of these Terms, or a violation of law (including employment and labor laws), by you or your Authorized Users; or
• scheduling, pay or working-time decisions that you make using the Service.

We will tell you promptly about any such claim, let you control the defense and cooperate reasonably at your expense. You may not settle a claim in a way that imposes obligations on us without our consent, which we will not unreasonably withhold. This section does not apply to individuals acting as consumers where local law prohibits it.

19. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Service or to the law. We will post the updated version on this page with a new "Last updated" date. For a material change, we will notify you by e-mail or in the app at least 30 days before it takes effect. The only exceptions are changes that the law requires sooner or that are needed to address a security risk. Changes do not apply retroactively.

If you do not agree with a change, you can cancel before it takes effect. If you keep using the Service after the effective date, you accept the updated Terms. Section 7 covers price changes.

20. Governing law and disputes

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the jurisdiction in which AVERCYN GLOBAL INC is established, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Nothing in these Terms takes away the protection of the mandatory consumer protection laws of your country of residence. If you are a consumer, you may also bring proceedings in the courts of your country of residence where those laws allow it.

Informal resolution first. Most concerns can be resolved quickly. Before starting any formal proceedings, e-mail support@shiftkumo.com to describe the issue and the outcome you want. We both agree to try in good faith to resolve the dispute informally for 30 days from receipt of that e-mail. If it is still unresolved after 30 days, either of us may bring proceedings in the competent courts of the jurisdiction whose laws govern these Terms, subject to the consumer protections above. Either of us may seek urgent interim relief at any time, for example to protect intellectual property or the security of the Service.

21. General terms

• Entire agreement. These Terms and the policies they refer to are the entire agreement between you and us about the Service. They replace any earlier agreements on the same subject.
• Notices. We may send notices to your account e-mail address or show them in the app. You can send notices to us at support@shiftkumo.com. You agree to receive communications from us electronically.
• Assignment. You may not transfer these Terms without our consent. We may transfer them, with notice to you, as part of a merger, an acquisition or a sale of assets.
• Events beyond control. Neither of us is liable for delays or failures caused by events beyond our reasonable control. This does not apply to payment obligations.
• Severability and waiver. If any provision is found unenforceable, the rest of these Terms remain in effect. If either of us does not enforce a provision, that is not a waiver of it.
• Relationship. We are independent contractors. These Terms do not create a partnership, employment or agency relationship, and they give no rights to third parties.
• Language. These Terms are published in English and Japanese. If the two versions conflict, the version in the language in which you subscribed applies, as far as the law allows.

22. Contact us

If you have questions about these Terms, e-mail us at support@shiftkumo.com. We give a first reply within 1 business day (Monday to Friday, 9:00–18:00 JST, except Japanese public holidays). You can also use our contact page.