Terms of Service

These Terms of Service (“Terms”) govern your use of the ShiftServer workforce scheduling platform (“Service”) operated by Concept One Solutions, LLC (“Company,” “we,” “us,” or “our”), a Florida limited liability company. By accessing or using the Service, you agree to these Terms.

1. The Service

ShiftServer is a multi-tenant software-as-a-service platform that enables businesses (“Employers”) to manage employee scheduling, time and attendance, time-off requests, shift swaps, and related workforce operations. Employees and managers access the Service under the authorization and account of their Employer.

2. Accounts and Eligibility

You must be at least 16 years of age to use the Service. Employer accounts are created by the business owner or an authorized representative. Employee accounts are activated via an invitation issued by the Employer. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3. Employer Responsibilities

Employers are responsible for: (a) ensuring they have the legal right to collect and process employee data they enter into ShiftServer; (b) obtaining any required employee consent for data collection and SMS notifications; (c) complying with applicable labor, employment, and data protection laws; and (d) the accuracy of schedules, timecard records, and other data they manage within the Service.

4. SMS Notification Program

Program description

ShiftServer offers an opt-in SMS notification program that delivers workforce-related alerts to employees and managers. Messages include shift assignments, schedule publication notices, time-off request decisions, shift swap confirmations, and shift reminders.

Consent and opt-in

By providing your mobile phone number during account registration and agreeing to receive SMS messages, you consent to receive text messages from ShiftServer. You may also opt in by texting START to a ShiftServer phone number.

Message frequency and costs

Message frequency varies based on your work schedule and employer activity. You may receive multiple messages per week. Message and data rates may apply. Check with your mobile carrier for applicable rates.

Opt-out

You may opt out of SMS messages at any time by replying STOP to any ShiftServer text message. You will receive a single confirmation message and no further messages will be sent to that number. To re-subscribe, text START.

Help

Reply HELP to any ShiftServer text message for assistance. You may also contact us at josevargas@conceptonesolutions.com.

Supported carriers

Carriers are not liable for delayed or undelivered messages. SMS program availability may vary by carrier and device.

5. Subscription and Billing

Employer accounts are billed on a per-location, per-month basis according to the plan selected at signup. Billing is processed through Stripe, Inc. By subscribing, you authorize Concept One Solutions, LLC to charge your payment method on a recurring basis. Subscriptions automatically renew unless cancelled before the renewal date. Trial periods, if offered, convert to paid subscriptions at the end of the trial unless cancelled.

Cancellation takes effect at the end of the current billing period. Refunds are not provided for partial billing periods except as required by applicable law.

Trial reminders and cancellation. If your trial requires a payment method, we (or our payment processor, Stripe) will send a reminder email to the account owner before the trial ends and your payment method is first charged. You may cancel at any time from the Billing page inside your account — no phone call, chat session, or retention flow is required to cancel.

6. Acceptable Use

You agree not to: (a) use the Service for any unlawful purpose; (b) transmit harassing, abusive, or fraudulent content; (c) attempt to gain unauthorized access to any part of the Service or another user's account; (d) reverse-engineer, decompile, or disassemble the Service; (e) use the Service to send unsolicited commercial messages; or (f) violate any applicable laws or regulations.

7. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Employers act as data controllers for employee data processed within their ShiftServer account; Concept One Solutions, LLC processes that data as a data processor on their behalf.

8. Intellectual Property

The ShiftServer platform, including its software, design, trademarks, and content, is owned by Concept One Solutions, LLC and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service as provided herein. You retain ownership of data you upload to the Service.

9. Availability and Modifications

We strive to maintain Service availability but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable advance notice of material changes where practicable.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CONCEPT ONE SOLUTIONS, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONCEPT ONE SOLUTIONS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Dispute Resolution — Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

Informal resolution first

Before filing any claim, you and we each agree to first contact the other with a written description of the dispute (to us: josevargas@conceptonesolutions.com) and to attempt in good faith to resolve it informally for at least thirty (30) days.

Agreement to arbitrate

You and Concept One Solutions, LLC mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service that cannot be resolved informally shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, where applicable, its Consumer Arbitration Rules), by one arbitrator appointed in accordance with those Rules. The arbitration shall take place in Escambia County, Florida, or remotely by videoconference, and shall be conducted in English. Judgment on the award may be entered in any court having jurisdiction. This agreement to arbitrate is mutual — it binds us to arbitrate our claims against you on the same terms.

Small claims carve-out

Either party may bring an individual claim in small claims court in a court of competent jurisdiction instead of arbitration, so long as the claim remains in small claims court and is not removed or appealed to a court of general jurisdiction. Either party may also seek injunctive relief in court for infringement or misuse of intellectual property rights or unauthorized access to the Service.

Class action waiver

You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the waiver shall remain in effect for all other claims.

30-day right to opt out

You may opt out of this arbitration agreement by emailing josevargas@conceptonesolutions.com within thirty (30) days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and the name and email address on your account. Opting out of arbitration does not affect any other provision of these Terms.

13. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to Section 12 (Dispute Resolution), any disputes not subject to arbitration shall be resolved in the courts of Escambia County, Florida, and you consent to the personal jurisdiction of those courts.

14. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a revised effective date. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

15. Contact Us

Concept One Solutions, LLC
Pensacola, Florida
Email: josevargas@conceptonesolutions.com