服务条款
Last updated: 2025/11/15
1. Purpose and Scope
These Terms of Service (hereinafter "TOS") govern access to and use of the Shift Express web and mobile platform, published by Shift Express, a micro-enterprise registered in the SIRENE directory under number 851 776 138, with its registered office in Menton, France. The Shift Express platform is a B2B shift and personnel management solution intended for establishments in the restaurant, hospitality, and retail sectors.
2. Acceptance of TOS
Use of the Shift Express platform, whether as an employer (manager) or employee, implies full and complete acceptance of these TOS. If you do not accept these terms, you must immediately cease all use of the service. Shift Express reserves the right to modify these TOS at any time. Users will be informed of any substantial modification by email. Continued use of the service after notification constitutes acceptance of the new terms.
3. Registration and User Account
Access to platform features requires creating an account. When registering, you agree to:
- Provide accurate, complete, and up-to-date information
- Maintain the confidentiality of your login credentials
- Not share your account with third parties
- Immediately notify Shift Express of any unauthorized use of your account
- Be responsible for all activities performed from your account
You are solely responsible for the security of your account. Shift Express cannot be held liable for any loss or damage resulting from your failure to comply with these obligations.
4. Service Description
Shift Express offers two distinct interfaces:
4.1 Employer Interface (Web)
- Publication of available shifts
- Automatic push notifications to employees
- Multi-establishment management (depending on plan)
- Analytics dashboard and statistics
- History of shifts and replacements
- Team and employee management
4.2 Employee Interface (Mobile App)
- Instant notification reception
- One-click shift acceptance/refusal
- Gamification system (points, badges, rankings)
- Real-time revenue estimation
- Attendance certificate generation
- Personal history of completed shifts
4.3 Service Availability
Shift Express strives to maintain the service accessible 24/7. However, we do not guarantee uninterrupted availability. Scheduled maintenance may be performed, with prior notice when possible.
5. Pricing, Billing, and Payment
5.1 Pricing Plans
Detailed pricing is available on the Pricing page of our website. Four plans are offered: Free, Pro, Ultra, and Enterprise. Each plan includes specific features and limits (number of establishments, shifts, employees).
5.2 Payment Terms
Payments are made by credit card or SEPA transfer. Subscriptions are billed monthly or annually according to your choice. Annual payment benefits from a discount equivalent to 2 months free. Billing occurs on the subscription date and then at each monthly or annual due date. In case of payment rejection, Shift Express reserves the right to suspend service access after notification.
5.3 Price Modifications
Shift Express reserves the right to modify its prices at any time. Any modification will be notified by email with a minimum notice of 30 days. New prices will apply at the next billing due date. You retain the right to terminate your subscription before the new prices take effect.
5.4 Refund
The Free plan is not subject to billing. For paid plans, no refund is granted in case of termination during the current period, except in case of major unresolved service dysfunction. Amounts already paid remain acquired by Shift Express.
6. User Obligations and Responsibilities
By using Shift Express, you agree to:
- Use the service in compliance with applicable French and European legislation
- Not use the service for illegal, fraudulent, or unauthorized purposes
- Not disrupt, alter, or interfere with the platform's operation
- Not attempt to access systems, servers, or networks in an unauthorized manner
- Not extract, copy, or exploit platform data by automated means (scraping, bots)
- Respect the intellectual property rights of Shift Express and third parties
- Not publish defamatory, abusive, discriminatory, or unlawful content
- Comply with labor law and applicable collective agreements when posting shifts
Any violation of these obligations may result in immediate suspension or deletion of your account, without notice or refund.
7. Intellectual Property
All elements of the Shift Express platform (source code, software, design, interface, logos, texts, images, videos, icons, sounds) are protected by intellectual property rights and are the exclusive property of Shift Express or its partners. Any reproduction, representation, modification, publication, adaptation, total or partial, of platform elements, by any means whatsoever, is prohibited without prior written authorization from Shift Express. The name "Shift Express", the logo, and associated trademarks are registered trademarks. Any unauthorized use constitutes infringement sanctioned by the Intellectual Property Code.
8. Personal Data and Privacy
The processing of your personal data is governed by our Privacy Policy, accessible at shift.express/legal/privacy. Shift Express is committed to respecting the General Data Protection Regulation (GDPR) and applicable data protection laws. Your data is hosted in Europe and never sold to third parties. You have the right to access, rectify, erase, limit, port, and object to your personal data. To exercise these rights, contact us at hello@shift.express.
9. Limitation of Liability
9.1 Service Availability
Shift Express makes every effort to ensure service availability and security, but cannot be held responsible for interruptions, bugs, malfunctions, or data loss, whatever their causes. The service is provided "as is" and "as available", without warranty of any kind, express or implied.
9.2 User Content
Shift Express is not responsible for content published by users (shift descriptions, communications between employers and employees). Users are solely responsible for compliance with labor law and applicable collective agreements.
9.3 Employer-Employee Relations
Shift Express is a management and communication tool. We are not a party to the contractual relationship between employers and employees. Shift Express cannot be held responsible for disputes between users, working conditions, compensation, or any dispute related to shift execution.
9.4 Limitation of Damages
Under no circumstances shall Shift Express be liable for indirect, incidental, special, or consequential damages (loss of revenue, data loss, customer loss, etc.), even if we have been informed of the possibility of such damages. The total liability of Shift Express, all causes combined, shall in no event exceed the total amount paid by the user during the 12 months preceding the event giving rise to liability.
10. Termination and Suspension
10.1 Termination by User
You may terminate your subscription at any time from your account settings, or by contacting us at hello@shift.express. Termination takes effect at the end of the current billing period. No prorated refund will be made for the current period. After termination, you retain read-only access to your data for 30 days, after which your account and data will be permanently deleted (in accordance with GDPR).
10.2 Suspension or Termination by Shift Express
Shift Express reserves the right to suspend or delete any account, without notice or compensation, in the following cases:
- Violation of these TOS
- Fraudulent or abusive use of the service
- Payment default after notice remaining without effect for 15 days
- Breach of platform security or integrity
- Judicial or administrative decision
In case of suspension for TOS violation, no refund will be made.
11. Guarantees and Commitments of Shift Express
11.1 Security
Shift Express implements technical and organizational security measures in accordance with industry standards: SSL/TLS encryption, secure hosting, regular backups, strict access control, periodic security audits.
11.2 Technical Support
Support level depends on subscribed plan: • Free: Email support, response time within 72 business hours • Pro: Priority email support, response time within 24 business hours • Ultra: Dedicated email and chat support, response time within 4 business hours • Enterprise: Dedicated account manager, 24/7 support, response time within 1 hour
11.3 Backups
Shift Express performs automatic daily backups of all data. However, we recommend users regularly export their important data.
12. API Usage
For Ultra and Enterprise plans, API access may be provided to enable integration with your existing systems (payroll software, POS systems, etc.). API usage is subject to specific conditions, including request limits and security obligations. API technical documentation is accessible after activation. Any abusive API use (denial of service attacks, mass data extraction) will result in immediate suspension of API access and potentially the account.
13. Cookies and Similar Technologies
Shift Express uses cookies and similar technologies to ensure service operation and analyze its usage. For more information, consult our Cookie Policy at shift.express/legal/cookies. You can manage your cookie preferences via the banner displayed during your first visit.
14. Applicable Law and Jurisdiction
These TOS are governed by and interpreted in accordance with French law, without regard to conflict of law principles. In case of dispute relating to the interpretation or execution of these TOS, the parties will endeavor to resolve it amicably. Failing amicable agreement within 30 days, the dispute will be brought before the competent courts of Paris, France. In accordance with Article L.612-1 of the Consumer Code, in case of dispute, you may use a consumer mediator free of charge.
15. General Provisions
15.1 Entire Agreement
These TOS constitute the entire agreement between you and Shift Express regarding use of the service, and supersede all prior agreements.
15.2 Severability
If any provision of these TOS is held invalid or unenforceable, the other provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision of equivalent effect.
15.3 Waiver
Failure by Shift Express to exercise a right provided by these TOS does not constitute a waiver of that right.
15.4 Assignment
You may not assign or transfer your rights or obligations under these TOS without prior written consent from Shift Express. Shift Express may freely assign its rights and obligations.
16. Contact
For any questions regarding these Terms of Service, you can contact us:
Email: hello@shift.express
Address: Shift Express, Menton, France
SIREN: 851 776 138