Last updated: . Operated by CE OS (DJ Welker), York, PA (“Shiftly”, “we”, “us”). By creating an account, subscribing, or using the app, you (“you”, the “operator”) agree to these Terms.
Shiftly is software for running hourly and mobile-vendor operations: point of sale, staff, scheduling, tips, inventory, cost and profit tracking, and online ordering. Shiftly is a record-keeping and operations tool only. Shiftly is not a bank, money transmitter, payment processor, tax preparer, accountant, bookkeeper, payroll provider, financial advisor, or law firm, and nothing in the app is tax, legal, accounting, or financial advice. Any numbers Shiftly shows — profit, margins, costs, payroll, tips, taxes, break-even — are informational estimates based solely on what you enter, and may be incomplete or incorrect. Do not rely on them for filing, payment, or legal decisions; verify everything with a qualified professional.
You are solely and exclusively responsible for how you run your business and for all activity in your account, including but not limited to:
• Taxes. Reporting all income and paying all taxes you owe — federal, state, and local income tax, sales/use tax, and employment/payroll taxes. Shiftly does not calculate, withhold, collect, remit, or file any tax on your behalf.
• Workers and pay. Complying with all wage-and-hour, minimum-wage, overtime, tip, employment, and worker-classification laws, and correctly classifying and paying anyone who works for you (employee vs. contractor vs. cash). How you pay people is your decision and your responsibility.
• Licenses & safety. Obtaining and maintaining all permits, licenses, insurance, food-safety, health, and other regulatory approvals your operation requires.
• Cash & records. The accuracy, completeness, and lawfulness of every entry you make, and your own cash handling and bookkeeping.
• Your customers. Your pricing, sales, refunds, chargebacks, disputes, and customer relationships.
You represent that your use of Shiftly, and your business, comply with all laws that apply to you. Shiftly does not monitor, verify, or ensure your compliance and has no obligation to do so.
Card acceptance is provided by Stripe under the Stripe Connected Account Agreement. When enabled, your customers' card payments are processed by Stripe and settle to your own connected Stripe account and bank. Shiftly never holds, controls, touches, or has access to those funds, never takes a percentage of your sales, and does not store your Stripe keys. You are responsible for PCI obligations, refunds, chargebacks, and disputes. Cash sales and cash payments you record are recorded for your own visibility only.
Paid plans are billed through Stripe on a recurring (monthly or annual) basis until canceled. Fees are shown at checkout. Cancel anytime; access continues through the paid period. Subscription fees are non-refundable except where required by law. Taxes may apply.
Your business data is yours; you can export it anytime. We process it to provide the service (see our Privacy Policy). You are responsible for the accuracy of what you enter and for keeping your own backups. We are not liable for lost, deleted, or corrupted data.
Don't use Shiftly to break the law, evade legal obligations, breach security, or misuse others' data. You are responsible for determining what the law requires of you. We may suspend or terminate accounts that violate these Terms, without liability to you.
Shiftly is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the app will be error-free, uninterrupted, or that any figure it produces is accurate or sufficient for any purpose.
To the maximum extent permitted by law, CE OS, Shiftly, and their owners and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, lost revenue, lost or inaccurate data, business interruption, or for any taxes, fines, penalties, interest, audits, wage claims, or regulatory or legal consequences arising from your business, your workers, your records, your cash handling, your tax reporting, or your reliance on any figure in the app — even if advised of the possibility. Our total aggregate liability for any claim relating to Shiftly will not exceed the amount you actually paid us for the service in the 3 months before the claim.
You agree to defend, indemnify, and hold harmless CE OS, Shiftly, and their owners and affiliates from and against any claims, losses, liabilities, damages, taxes, penalties, fines, and costs (including reasonable attorneys' fees) arising out of or related to your business, your use of Shiftly, your sales, your workers or how you pay them, your records or cash handling, your tax or regulatory obligations, or your breach of these Terms.
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Pennsylvania, and you consent to their jurisdiction. To the extent permitted by law, disputes will be handled individually and you waive any right to participate in a class action.
We may update these Terms or the service at any time; material changes will be posted here and continued use means you accept them. You may stop using Shiftly at any time.
Questions: ceodjwelker@gmail.com.
These Terms are a protective template, not legal advice. Laws vary by state and situation — have a licensed attorney review and adapt these before you rely on them.