Terms of Service - Updated June 1, 2025

Welcome to NextShift! These Terms of Service ("Terms") govern your use of NextShift, our comprehensive task management software platform. By accessing or using NextShift, you agree to be bound by these Terms.

A. Services

Overview

Subject to these Terms, NextShift ("Company," "we," "us," or "our") provides you permission to use NextShift, including our task management platform, AI-powered reporting features, and all related tools, documentation, and services (the "Services"). NextShift is designed to optimize project workflow and enhance productivity for businesses and individual users.

Service Features

NextShift includes but is not limited to:

  • Task and project management tools
  • Shift scheduling and management
  • AI-powered report generation
  • Team collaboration features
  • Data analytics and insights
  • Third-party integrations

Third-Party Features

You may elect to use features, services, or content made available by third parties through the Services ("Third-Party Features"). You acknowledge that Third-Party Features are not our Services, and we are not responsible for them.

Feedback

If you provide us with feedback regarding the Services, we may use that feedback without obligation to you to improve and enhance our Services.

B. Customer Content and Data

Your Content Rights

As between you and us, you retain all rights to your content submitted to the Services ("Customer Content"). We disclaim any rights we receive to Customer Content under these Terms. You own all outputs generated by the Services in response to your inputs.

Data Protection Commitment: We implement comprehensive data backup and protection measures through our service providers to ensure minimal to no data loss in the event of system failures, natural disasters, or other unforeseen circumstances.

Data Backup and Recovery

Our data management practices include:

  • Automated Backups: All customer data is automatically backed up through our cloud service providers (AWS) with multiple redundancy levels
  • Geographic Distribution: Data backups are stored across multiple geographic locations to ensure availability
  • Regular Testing: We regularly test our backup and recovery procedures to ensure data integrity
  • Rapid Recovery: Our systems are designed to restore service quickly in the event of any data loss incident
  • Versioning: Multiple versions of your data are maintained to allow recovery from various points in time

C. Data Privacy

Data submitted through the Services will be processed in accordance with our Privacy Policy, which is incorporated into these Terms by reference. We are committed to protecting your privacy and never sharing your data with third parties for commercial purposes.

D. Trust and Safety; Restrictions

Compliance

You will comply with all laws applicable to your use of the Services, including:

  • Applicable data privacy laws
  • Workplace regulations
  • Any other relevant local, state, or federal laws

Acceptable Use

You and your users may only use the Services in compliance with these Terms and in a lawful manner. You may not:

  • Use the Services to store, transmit, or distribute illegal content
  • Attempt to gain unauthorized access to our systems or other users' data
  • Use the Services to harass, abuse, or harm others
  • Interfere with or disrupt the Services or servers
  • Violate any applicable laws or regulations
  • Use the Services to build a competing product or service

Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activity that occurs under your account
  • Promptly notifying us if you believe your account has been compromised
  • Managing access permissions for your team members

E. Confidentiality

Mutual Confidentiality

Both parties may share confidential information. Your Customer Content is your confidential information. We will protect your confidential information with the same care we use to protect our own confidential information, and with no less than reasonable care.

Permitted Disclosures

We may disclose confidential information only:

  • As required by law or court order
  • To our employees and service providers who need to know such information
  • To protect our rights or the safety of others

F. Intellectual Property

The NextShift software and all related intellectual property rights are and shall remain our exclusive property, including:

  • Patents
  • Trademarks
  • Trade names
  • Trade secrets
  • Copyrights
  • Other proprietary rights

These Terms do not grant you any rights to our intellectual property except as expressly stated.

License to Use

We grant you a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms while your account remains active and in good standing.

G. Publicity

We may use your name and logo to publicly identify you as a customer of the Services. You will consider in good faith any request by us to:

  1. Provide a quote regarding your experience with NextShift that we may use publicly
  2. Participate in a public co-marketing activity

You may revoke our right to use your name and logo by providing written notice to us.

H. Fees and Payment

Payment Obligations

You are responsible for all fees incurred under your account at the rates specified on our pricing page or as otherwise agreed in writing. Fees are calculated on a per-hour basis for active shift time and are due and payable according to your selected billing schedule.

Pricing Model

NextShift operates on a usage-based pricing model:

  • Per-Hour Billing: You are charged only for the actual hours when shifts are actively running
  • No Subscription Fees: No monthly or annual subscription charges - you only pay for what you use
  • Free Planning: Creating and collaborating on shift plans with your team is completely free
  • Transparent Pricing: All rates are clearly displayed and calculated based on shift duration

Billing and Payment Terms

  • Payment Methods: We accept major credit cards and invoice payments for approved organizations
  • Invoice Options: Approved organizations may request invoice-based billing with standard payment terms
  • Usage Tracking: Detailed usage reports are available showing shift hours and associated costs
  • Late Payments: Failure to pay when due may result in service suspension or termination
  • Price Changes: We may update pricing with 30 days' prior notice

Approved Organization Benefits

Organizations that meet our approval criteria may be eligible for:

  • Invoice Billing: Monthly or quarterly invoicing instead of automatic card charges
  • Extended Payment Terms: Net 30 or Net 60 payment terms based on creditworthiness
  • Volume Discounts: Reduced per-hour rates for high-volume usage
  • Custom Billing Cycles: Flexible billing periods to match your organization's requirements

Taxes

Fees do not include applicable taxes, duties, or assessments. You are responsible for all taxes associated with your use of the Services, including:

  • Sales tax
  • VAT or GST
  • Service taxes
  • Any other applicable duties or assessments

This excludes taxes based on our net income.

Refunds

Fees are generally non-refundable except as required by law or as expressly stated in these Terms. Disputes regarding shift duration or billing must be reported within 30 days of the billing period.

I. Termination and Suspension

Termination Rights

  • By You: You may terminate your account at any time through your account settings or by contacting us
  • By Us: We may terminate or suspend your access for violation of these Terms, non-payment, or other reasons with appropriate notice
  • For Convenience: Either party may terminate with 30 days' written notice

Effect of Termination

Upon termination:

  • Your access to the Services will be suspended
  • We will provide you with a reasonable opportunity to export your data
  • Outstanding fees remain due and payable
  • Certain provisions of these Terms will survive termination

Data Retention After Termination

We will retain your data for a reasonable period (typically 90 days) after termination to allow for data recovery, after which data may be permanently deleted in accordance with our data retention policies.

J. Disputes and Resolution

Governing Law

These Terms are governed by the laws of Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Australia.

Dispute Resolution

Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiation for a period of 30 days.

K. Warranties and Limitations

Service Warranty

We warrant that the Services will perform materially in accordance with our documentation. We will use commercially reasonable efforts to maintain service availability, though we cannot guarantee uninterrupted access.

WARRANTY DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR LIABILITY IS LIMITED TO THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
  • WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
  • THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

L. Indemnification

Our Indemnification

We will defend you against third-party claims that the Services infringe a valid patent, trademark, or copyright, and will pay damages awarded by a court or agreed settlement amounts.

Your Indemnification

You will defend us against third-party claims arising from:

  • Your Customer Content or data
  • Your use of the Services in violation of these Terms
  • Your violation of applicable laws

M. General Provisions

Modifications

We may update these Terms from time to time. We will provide notice of material changes by posting the updated Terms and updating the effective date. Your continued use of the Services after changes constitutes acceptance of the new Terms.

Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of our business.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

Force Majeure

Neither party will be liable for delays or failures in performance due to circumstances beyond their reasonable control, including:

  • Natural disasters
  • Government actions
  • Network failures
  • Acts of war or terrorism
  • Pandemics or health emergencies
  • Other force majeure events

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.

N. Contact Information

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

Email: support@NextShift.co

Address:
NextShift
Sunshine Coast, Australia, 4558

Effective Date: June 1, 2025