Terms of Use

These Terms of Use ("Terms") govern your access to and use of the ShiftCare Pro website, web application, and mobile applications (together, the "Service"), operated by Nupress Technologies ("ShiftCare Pro", "we", "us", or "our").

By creating an account, accepting an invitation from an organization, or otherwise using the Service, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to the organization.

1. The Service

ShiftCare Pro is a workforce management platform for care teams. It provides tools for shift scheduling, geofenced attendance tracking, employee management, compliance monitoring, payroll support, and related features. We may add, change, or remove features over time as the Service evolves.

2. Accounts and organizations

• You must be at least 18 years old to use the Service.
• You must provide accurate, complete registration information and keep it up to date.
• You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately at support@shiftcarepro.com if you suspect unauthorized use.
• Organizations control their own workspace, including which team members are invited, what roles and permissions they hold, and what data is recorded about them. Organization administrators are responsible for ensuring they have the right to enter and process their team members' information in the Service.
• We may suspend or terminate accounts that violate these Terms or put the Service or other users at risk.

3. Subscriptions, billing, and trials

• Paid features are offered on a subscription basis. Current plans and pricing are shown on our pricing page and at checkout.
• Payments are processed by Stripe. By subscribing, you authorize us and Stripe to charge your chosen payment method on a recurring basis until you cancel.
• Subscriptions renew automatically at the end of each billing period unless cancelled beforehand. You can cancel at any time from your billing settings; cancellation takes effect at the end of the current billing period, and you retain access until then.
• If we offer a free trial, we will tell you its length and what happens when it ends. Unless you cancel before the trial ends, your subscription will begin and your payment method will be charged.
• Plan upgrades take effect immediately and may be prorated; downgrades take effect at the next renewal.
• Except where required by law, payments are non-refundable, and we do not provide refunds or credits for partial billing periods or unused features.
• We may change our prices with at least 30 days' notice. Price changes apply from your next renewal.
• If a payment fails, we may retry it and notify you. Continued non-payment may result in suspension or downgrade of your account.

4. Acceptable use

You agree not to:

• Use the Service in violation of any applicable law or regulation, including employment, privacy, and health-sector rules that apply to your organization;
• Enter personal information about others without a lawful right to do so;
• Impersonate any person, misrepresent your affiliation, or falsify attendance, location, or time records;
• Attempt to probe, scan, or breach the security of the Service, access other tenants' data, or circumvent authentication or access controls;
• Reverse engineer, decompile, or copy the Service, or use it to build a competing product;
• Use automated means to scrape or harvest data from the Service, or resell or sublicense the Service without our written agreement;
• Upload malicious code or content that is unlawful, defamatory, or infringes any third party's rights;
• Interfere with or disrupt the integrity or performance of the Service.

5. Customer data

• Your organization retains all rights to the data it and its team members submit to the Service ("Customer Data").
• You grant us a limited license to host, process, transmit, and display Customer Data solely to provide and improve the Service, in accordance with our Privacy Policy.
• You are responsible for the accuracy and lawfulness of Customer Data, including obtaining any consents required to process employee information, location data, and attendance records.
• We may use aggregated, de-identified data that does not identify any person or organization to operate and improve the Service.
• You can export your data through the tools we provide. After account closure we handle Customer Data as described in our Privacy Policy.

6. Intellectual property

The Service — including its software, design, logos, and content we create — is owned by Nupress Technologies and protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you. "ShiftCare Pro" and our logos may not be used without our prior written permission.

If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

7. Third-party services

The Service integrates third-party services, including Stripe for payments and Google Maps for address lookup. Your use of those services may be subject to their own terms and privacy policies, and we are not responsible for third-party services we do not control.

8. Availability and support

We work hard to keep the Service available, but we do not guarantee uninterrupted or error-free operation. We may perform maintenance, and features may occasionally be unavailable. We may modify or discontinue parts of the Service; if we discontinue the Service entirely, we will give you reasonable advance notice and an opportunity to export your data.

9. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

ShiftCare Pro is a scheduling and workforce management tool. It does not provide legal, employment, payroll, tax, or medical advice. You are responsible for your organization's compliance with the labor laws, care-sector regulations, and record-keeping obligations that apply to you, and for verifying the accuracy of schedules, attendance records, and payroll calculations before relying on them.

10. Limitation of liability

To the maximum extent permitted by law:

• Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or related to the Service;
• Our total aggregate liability for all claims arising out of or relating to the Service will not exceed the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

11. Indemnity

You will defend and indemnify ShiftCare Pro against claims arising from Customer Data, your use of the Service in violation of these Terms, or your violation of applicable law, including claims by your team members relating to data your organization chose to collect through the Service.

12. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms and fail to cure the breach within a reasonable period after notice, or immediately for serious violations such as security abuse or unlawful use. Upon termination, your right to use the Service ends, but sections that by their nature should survive (including Sections 5, 6, 9, 10, 11, and 13) will survive.

13. Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict of laws principles. The courts of Kenya will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to their jurisdiction. Before filing a claim, the parties will attempt in good faith to resolve the dispute informally for at least 30 days.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email at least 14 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. The "Last updated" date at the top of this page shows when these Terms were last revised.

15. General

These Terms, together with our Privacy Policy and any order or plan details you accept at checkout, form the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

16. Contact us

Questions about these Terms? Contact us at:

• Email: legal@shiftcarepro.com
• Support: support@shiftcarepro.com