Terms of Service

Agreement to Terms

By accessing or using ShiftSetter's healthcare scheduling platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

Description of Service

ShiftSetter provides a cloud-based healthcare scheduling platform designed to help medical practices, hospitals, and healthcare organizations manage physician schedules, on-call assignments, shift bidding, and workforce optimization.

Eligibility and Account Registration

User Eligibility

• You must be at least 18 years old
• You must be a licensed healthcare professional or authorized healthcare administrator
• You must have the authority to bind your organization to these terms
• You must provide accurate and complete registration information

Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You agree to notify us immediately of any unauthorized use of your account
• You are responsible for all activities that occur under your account
• You must comply with your organization's password and security policies

Acceptable Use Policy

Permitted Uses

• Schedule and manage physician on-call assignments
• Facilitate shift bidding and swapping between authorized personnel
• Generate reports and analytics for operational purposes
• Integrate with other authorized healthcare systems

Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any regulations
• Share access credentials with unauthorized individuals
• Attempt to reverse engineer, decompile, or disassemble any part of the Service
• Introduce viruses, malware, or other harmful code
• Access or attempt to access accounts or data not belonging to you
• Interfere with or disrupt the Service or its servers
• Use the Service to transmit false or misleading information

Data and Privacy

Your Data

You retain ownership of all data you input into the Service. We process your data solely to provide the Service as described in our Privacy Policy. We implement appropriate safeguards to protect your data, including PHI, in compliance with HIPAA requirements.

Data Security

We maintain administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of your data. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

Backup and Recovery

We perform regular backups of your data and maintain disaster recovery procedures. However, you are responsible for maintaining your own backup copies of critical data.

Service Availability

Uptime Commitment

We strive to maintain 99.9% uptime for our Service. Planned maintenance will be communicated in advance whenever possible. Emergency maintenance may occur without prior notice.

Service Modifications

We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that may affect your use of the Service.

Billing and Payment

Subscription Fees

• Fees are based on your selected plan and number of active users
• Payment is due in advance for each billing period
• All fees are non-refundable except as specifically stated
• We may change our fees with 30 days' written notice

Late Payment

If payment is not received when due, we may suspend your access to the Service after providing reasonable notice. Accounts with overdue payments may be subject to interest charges.

Taxes

You are responsible for paying all applicable taxes related to your use of the Service.

Intellectual Property

Our Rights

The Service and all related technology, including software, databases, and documentation, are owned by ShiftSetter and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service during your subscription period.

Your Rights

You retain all rights to your data and content. You grant us a limited license to use your data solely to provide the Service to you.

Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without restriction or compensation.

Third-Party Integrations

Our Service may integrate with third-party applications and services. Your use of such integrations is subject to the terms and policies of those third parties. We are not responsible for the performance, security, or privacy practices of third-party services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM SERVICE INTERRUPTIONS, DATA LOSS, OR THIRD-PARTY ACTIONS

Indemnification

You agree to indemnify and hold harmless ShiftSetter from any claims, damages, or expenses arising from:

• Your use of the Service in violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Any content or data you submit through the Service

Termination

Termination by You

You may terminate your account at any time by providing written notice. Upon termination, your access to the Service will cease, and you will remain liable for all fees incurred prior to termination.

Termination by Us

We may terminate your account immediately if you violate these Terms or if your account becomes delinquent. We may also terminate with 30 days' notice for any reason.

Effect of Termination

Upon termination, we will provide you with access to export your data for a period of 30 days. After this period, your data may be deleted from our systems.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Medical Disclaimer

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Delaware.

Dispute Resolution

Informal Resolution

Before initiating formal proceedings, we encourage you to contact us to discuss any concerns informally.

Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as specifically excluded below.

Exclusions from Arbitration

Claims for injunctive relief, intellectual property disputes, and small claims court matters are excluded from the arbitration requirement.

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Email notification to your registered email address
• Prominent notice within the Service
• Posting updated Terms on our website

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Force Majeure

We shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

Contact Information

If you have questions about these Terms, please contact us: