ShiftTrek Terms of Service

Last Updated & Effective Date: September 18, 2026

Welcome to ShiftTrek. These Terms of Service ("Terms") govern your access to and use of the ShiftTrek workforce management platform, including the web portal at https://shifttrek.com, the ShiftTrek Kiosk application, the ShiftTrek Mobile App, the ShiftTrek Desk workstation application, and any associated APIs, content, or services (collectively, the "Service").

By registering an account, downloading our mobile or desktop software, or accessing the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an employer, company, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms.

1. Description of Service

ShiftTrek provides cloud-based employee scheduling, biometric facial time clock kiosk terminals, desktop activity and time verification, break tracking, shift swap marketplace, and attendance reporting tools for businesses and their workforce.

We offer various subscription plans, features, and native applications for mobile, tablet, and desktop operating systems. ShiftTrek reserves the right to modify, enhance, or temporarily suspend features with prior notice where practicable.

2. User Accounts and Security

A. Registration & Authenticity

You agree to provide accurate, current, and complete information during registration and to maintain and promptly update your account profile. Each user account or employee PIN is intended for use solely by the designated individual.

B. Credential Protection

You are responsible for maintaining the confidentiality of your login credentials, including passwords, administrative tokens, and personal 6-digit kiosk PINs. You must immediately notify ShiftTrek of any unauthorized account access or security breach.

C. Single Workstation Concurrency

ShiftTrek Desk enforces single-session concurrency per employee. Logging into a second workstation will terminate or revoke active tracking on the previous device to protect timesheet integrity.

3. Employer & Administrator Responsibilities

If you utilize ShiftTrek as an Employer or Account Administrator:

1. Labor & Wage Compliance: You are solely responsible for ensuring that your scheduling rules, wage rates, overtime policies, and break duration configurations comply with applicable federal, state, local, and international labor standards (such as the US Fair Labor Standards Act, meal/rest break mandates, and overtime laws).
2. Employee Notice of Electronic Monitoring: You represent and warrant that you have provided all required legal notices and obtained necessary employee consents under applicable electronic workplace monitoring laws (including, but not limited to, New York Civil Rights Law § 52-c, Ontario Employment Standards Act, and GDPR employee notices) prior to activating desktop screen capture, camera verification, or network logging features.
3. Biometric & Photo Storage Disclosures: If using ShiftTrek Kiosk facial capture verification, you agree to inform your staff that still photos are recorded at punch events solely for identity verification and anti-fraud purposes.

4. Employee & User Acceptable Use

You agree that you will not, directly or indirectly:

• Use another employee's PIN, credentials, or likeness to record false attendance punches ("buddy punching").
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the ShiftTrek platform or native applications.
• Interfere with, circumvent, or disable any security features, single-session concurrency controls, or network geofencing safeguards.
• Utilize virtual machines, headless browser automation, or fraudulent input scripts to artificially simulate workstation activity.
• Upload, transmit, or store malware, viruses, or harmful malicious payloads.

5. Intellectual Property Rights

ShiftTrek and its licensors retain all right, title, and interest in and to the Service, including software, design, logos, graphics, trademarks, documentation, and underlying proprietary algorithms.

Subject to these Terms, ShiftTrek grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and access the ShiftTrek Kiosk, ShiftTrek Mobile, and ShiftTrek Desk applications solely for legitimate workforce management purposes.

6. Subscriptions, Invoicing, and Cancellation

A. Billing Cycles & Renewals

Paid subscriptions are billed on a recurring monthly or annual basis as selected during registration. Subscriptions automatically renew unless canceled prior to the renewal date.

B. Taxes & Refunds

All subscription fees are exclusive of applicable sales, use, or value-added taxes unless stated otherwise. Subscription payments are non-refundable except where required by applicable consumer law.

C. Cancellation

Administrators may cancel their subscription at any time via the billing portal in the admin dashboard. Upon cancellation, access to premium features will continue through the end of the current paid billing cycle.

7. Account Termination and Data Deletion

A. Termination by ShiftTrek

We reserve the right to suspend or terminate your account if you breach these Terms, fail to pay subscription fees, or engage in abusive or fraudulent conduct.

B. Account Deletion (Google Play Compliance)

Account owners and users may delete their account at any time:

• Via Settings → Security → Delete Account within the web application.
• Or by submitting a written deletion request to support@shifttrek.com or privacy@shifttrek.com.
• Deletion requests are processed within 30 days in accordance with our Privacy Policy.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFTTREK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHIFTTREK, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS REPUTATION, ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SHIFTTREK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ShiftTrek is incorporated, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the applicable courts of that jurisdiction.

11. Contact Us

If you have questions regarding these Terms of Service, please contact us at:

• Email: legal@shifttrek.com or support@shifttrek.com
• Website: https://shifttrek.com
• Address: ShiftTrek Legal Department, Workforce Systems