Terms of Service — Shift Secure

These Terms of Service (the “Terms”) form a binding agreement between you and Shift Secure (“Shift Secure,” “we,” “us,” or “our”) governing your access to and use of our website, mobile applications, and related services (collectively, the “Service”). By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and able to form a binding contract. You represent that all information you provide is accurate and that your use of the Service complies with all laws, regulations, employer policies, and professional obligations applicable to you.

2. Not a Medical Device

Shift Secure is a workflow productivity tool. It is not a medical device, an electronic health record, or a clinical decision-support system. It does not provide medical advice and must not be relied upon for diagnosis, treatment, or any clinical decision. You are solely responsible for the accuracy, completeness, and legality of any content you enter, including any patient information, and for following your institution’s policies. Do not use the Service for time-critical communications where delay or failure could cause harm.

3. Accounts & Security

You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorized access.

4. Subscriptions, Billing & Auto-Renewal

Certain features require a paid subscription. Subscriptions purchased through the Apple App Store or Google Play are billed by Apple or Google under their terms. Payment is charged to your store account at confirmation of purchase. Subscriptions automatically renew for the same period at the then-current price unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your store account settings.

Except where required by law (including the App Store Standard EULA), payments are non-refundable. Refund requests for App Store purchases must be made directly to Apple.

5. Acceptable Use

You will not:

Use the Service in violation of any law or third-party right.
Upload protected health information (PHI) in a manner that violates HIPAA or any other applicable privacy law.
Reverse engineer, decompile, scrape, or attempt to derive source code, except as expressly permitted by law.
Interfere with, disrupt, or attempt to gain unauthorized access to the Service.
Use the Service to harass, defame, or harm any person.
Submit malicious code or content that infringes intellectual-property rights.

6. User Content

You retain ownership of content you submit. You grant Shift Secure a worldwide, non-exclusive, royalty-free license to host, store, transmit, and process your content solely to provide and improve the Service. You represent that you have all rights necessary to grant this license and that your content does not violate any law or third-party right.

7. AI Features

The Service includes AI-generated outputs (e.g., SBAR summaries). AI outputs may be inaccurate, incomplete, or misleading. You must independently verify any output before relying on it. Do not submit information you are not authorized to share.

8. Intellectual Property

The Service, including all software, design, text, graphics, and trademarks, is owned by Shift Secure or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose, subject to these Terms.

9. Third-Party Services

The Service integrates with third parties (including Apple, Google, RevenueCat, Supabase, and AI providers). Your use of those services is governed by their terms. We are not responsible for third-party services.

10. Termination

You may stop using the Service at any time. We may suspend or terminate your access immediately, with or without notice, if you breach these Terms or if continued access poses a risk to the Service or other users. Provisions that by their nature should survive termination will survive.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE, OR COMPLETE. NOTHING IN THE SERVICE CONSTITUTES MEDICAL, LEGAL, OR PROFESSIONAL ADVICE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFT SECURE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) USD $50. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

13. Indemnification

You will defend, indemnify, and hold harmless Shift Secure and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your content, your use of the Service, or your violation of these Terms or any law.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of Delaware, USA, without regard to its conflict-of-laws principles. Except where prohibited, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Rules, seated in Delaware, USA. You and Shift Secure waive any right to a jury trial and to participate in a class, collective, or representative action. You may opt out of arbitration by emailing legal@shiftsecure.app within 30 days of first accepting these Terms. Small-claims actions are exempt.

15. Apple App Store Terms

If you obtained the app from the Apple App Store, the following also applies: (a) these Terms are between you and Shift Secure, not Apple, and Apple is not responsible for the app or its content; (b) the license granted is limited to use on Apple-branded devices you own or control as permitted by the App Store Terms of Service; (c) Apple has no obligation to provide maintenance or support; (d) Apple is not responsible for product warranties; (e) Apple is not responsible for addressing any claims relating to the app, including product-liability, legal-compliance, or consumer-protection claims; (f) Apple is not responsible for third-party intellectual-property claims relating to the app; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Export & Sanctions

You represent that you are not located in, and will not use the Service from, any country subject to U.S. embargo, and that you are not on any U.S. government restricted-party list.

17. Changes

We may modify these Terms at any time. Material changes will be communicated through the Service or by email. Continued use after the effective date constitutes acceptance.

18. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Shift Secure regarding the Service. If any provision is found unenforceable, the remaining provisions 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 freely.

19. Contact

Questions about these Terms: legal@shiftsecure.app.