Shiftomatch — Terms of Service

By accessing or using Shiftomatch™ (the “Platform,” “we,” “us,” or “our”), operated by Shiftomatch, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Platform.

If you are using the Platform on behalf of a business (e.g., a restaurant), you represent that you have authority to bind that business to these Terms.

Shiftomatch is an online marketplace that allows restaurant owners (“Owners”) to post available work shifts and allows individuals seeking work (“Workers”) to express interest in those shifts. Shiftomatch facilitates the connection between Owners and Workers but is not a party to any agreement, employment relationship, or transaction that Owners and Workers enter into with each other.

Shiftomatch does not guarantee that any shift will be filled, that any Worker will be reliable, or that any Owner will provide fair or lawful working conditions. Owners and Workers are solely responsible for their own interactions, agreements, and compliance with applicable law.

Shiftomatch is solely an intermediary that helps Owners and Workers find and connect with each other. We are not responsible for what happens once a match is made.

Specifically, Shiftomatch is not responsible for, and disclaims all liability for:

• A Worker failing to show up for a shift, arriving late, or leaving early (“no-shows”)
• The quality, competence, or conduct of a Worker's performance during a shift
• Any wages, tips, or payment owed by an Owner to a Worker, or any dispute over payment
• Any injury, property damage, theft, or other loss arising from a shift, whether to the Owner's business, the Worker, or any third party
• Any dispute, disagreement, or breakdown in communication between an Owner and a Worker

These matters are solely between the Owner and the Worker to resolve. By using the Platform, you acknowledge and accept that Shiftomatch's role ends at facilitating the introduction, and that you take on this risk yourself when you choose to work with, or hire, someone through the Platform.

You must be at least 18 years old to use the Platform. Workers must be legally authorized to work in the United States. By creating an account, you represent that you meet these requirements.

You agree to provide accurate, current, and complete information when creating an account, and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

Owners are solely responsible for:

• The accuracy of shift postings (role, wage, location, date/time)
• Compliance with all applicable federal, state, and local employment, wage, and labor laws, including minimum wage, overtime, and workplace safety requirements
• Any hiring decisions, background checks, verification of work eligibility, and payroll/tax obligations related to Workers they engage
• Timely and lawful payment to Workers for work performed

Shiftomatch does not process payroll, withhold taxes, or guarantee payment on behalf of Owners.

Workers are solely responsible for:

• The accuracy of their profile, work history, and availability information
• Showing up for shifts they have committed to, or providing timely notice if unable to do so
• Complying with the lawful workplace policies of the Owner during any shift they perform
• Their own tax obligations related to income earned through shifts arranged via the Platform

Shiftomatch is not an employer, staffing agency, or joint employer of any Worker, and is not an agent of any Owner. The Platform is a technology tool that facilitates introductions between Owners and Workers. Any work arrangement, employment relationship, or independent contractor relationship formed as a result of using the Platform exists solely between the Owner and the Worker. Shiftomatch has no control over, and assumes no responsibility for, the conduct of any Owner or Worker, on or off the Platform.

After a shift, Owners may rate Workers based on factors including attendance and reliability. These ratings contribute to a Worker's Trust Score displayed on the Platform. Ratings reflect the subjective opinion of the rating party. Shiftomatch does not independently verify the accuracy of ratings and disclaims responsibility for any inaccuracy. Users agree not to submit false, retaliatory, or manipulative ratings.

You agree not to:

• Discriminate against or harass any user on the basis of race, national origin, immigration status, gender, religion, disability, or any other protected characteristic
• Post false, misleading, or fraudulent information
• Use the Platform to arrange unlawful work (e.g., paying below minimum wage, evading tax obligations, employing individuals not legally authorized to work)
• Circumvent the Platform to avoid its policies after being introduced through it, in a manner intended to defraud or harm other users
• Use bots, scrapers, or other automated means to access the Platform
• Attempt to interfere with the security or proper functioning of the Platform

Violation of this section may result in suspension or termination of your account.

Shift postings, profile information, and other content on the Platform are created and submitted by Owners and Workers, not by Shiftomatch. We do not pre-screen or verify user-submitted content before it is posted. As a provider of an interactive computer service, Shiftomatch is not the publisher or speaker of information provided by users, and is not liable for the content of user postings under Section 230 of the Communications Decency Act (47 U.S.C. § 230) and similar laws. This includes, but is not limited to, content that may be discriminatory, inaccurate, or otherwise objectionable if posted by a user in violation of Section 9 above.

We reserve the right, but do not assume the obligation, to remove or restrict access to any content that we believe violates these Terms or applicable law.

The Platform is currently free to use for both Owners and Workers. We may introduce paid features (such as subscriptions, priority placement, or emergency-shift fees) in the future. We will provide notice before any such fees apply to your account.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SHIFTOMATCH DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY WORKER OR OWNER WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFTOMATCH AND ITS OWNER(S) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, WAGES, OR DATA, ARISING FROM YOUR USE OF THE PLATFORM OR ANY INTERACTION, EMPLOYMENT RELATIONSHIP, OR DISPUTE BETWEEN AN OWNER AND A WORKER — INCLUDING BUT NOT LIMITED TO WORKPLACE INJURY, NON-PAYMENT, NO-SHOWS, OR PROPERTY DAMAGE. TO THE EXTENT PERMITTED BY LAW, SHIFTOMATCH'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

You agree to indemnify and hold harmless Shiftomatch and its owner(s) from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, or your interactions with other users.

These Terms are governed by the laws of the State of Maryland, without regard to conflict-of-law principles.

We may suspend or terminate your account at any time, with or without notice, for conduct that violates these Terms or that we believe is harmful to other users or the Platform.

We may update these Terms from time to time. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms can be sent to support@shiftomatch.com.