Terms of Service

Effective Date: 2026-04-15 Last Updated: 2026-04-15

These Terms of Service (“Terms”) govern your access to and use of the ShiftMesh platform, including our web portal, mobile applications, and API services (collectively, the “Service”), operated by ShiftMesh (“we”, “us”, “our”).

By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who These Terms Apply To

These Terms apply to all users of the Service, including:

  • Agencies — healthcare staffing businesses that subscribe to ShiftMesh
  • Agency Administrators — individuals with accounts created by an Agency to manage that Agency’s operations
  • Professionals — healthcare workers (nurses, CNAs, allied health) who receive shifts through a subscribing Agency
  • Facility Contacts — representatives of healthcare facilities that receive staffing services

“You” refers to whichever role applies to your use of the Service.

2. Account Registration

You must:

  • Be at least 18 years old
  • Provide accurate, current, complete information
  • Maintain the security of your password
  • Notify us immediately of unauthorized access at security@shiftme.sh

You are responsible for all activity under your account. We may suspend or terminate accounts that provide false information or violate these Terms.

3. Role-Specific Terms

3.1 Agencies

Subscription: Agencies subscribe to ShiftMesh at one of our published tiers (Starter, Professional, Enterprise) or a custom tier. Subscription terms, pricing, and renewal are set out in your order form or the pricing page at https://shiftme.sh/pricing.

Payment: Subscriptions are billed in advance, monthly or annually, via Stripe. All fees are non-refundable except as expressly stated in these Terms or required by law.

Authority: You represent that you have authority to bind your Agency. You are responsible for inviting and managing users at your Agency.

Employer Obligations: You acknowledge that ShiftMesh is a software platform, not an employer. You remain solely responsible for:

  • Classifying Professionals as W-2 employees or 1099 contractors
  • Complying with all federal, state, and local labor laws
  • Paying wages, taxes, and benefits
  • Workers’ compensation and insurance
  • Background checks and credential verification (we provide tools, you make decisions)

Independent Contractor Payments: When you process payments to 1099 Professionals through the Service, you represent that the Professional is properly classified and has authorized the payment.

3.2 Professionals

Eligibility to Work: You represent that you hold all required licenses, certifications, and work authorization for the shifts you claim. False representation is grounds for account termination and may be reported to licensing authorities.

Credential Accuracy: You are responsible for keeping your credentials current and accurate. Uploading false or altered documents is prohibited and may be reported to licensing authorities and law enforcement.

Shift Commitment: When you claim a shift, you commit to working it. Repeated no-call/no-shows or late cancellations may result in reliability score penalties, suspension, or account termination. Agencies set their own policies on these matters; ShiftMesh enforces the technical mechanics.

Payment: You receive payment from the Agency that hired you, not from ShiftMesh. ShiftMesh may facilitate payment through our payroll provider (Check HQ or equivalent) at the Agency’s instruction.

Instant Pay (when enabled): If an Agency has enabled Instant Pay for 1099 workers, you may request same-day disbursement subject to a convenience fee (currently 1.5% of the disbursed amount). You authorize the fee deduction at the time of each request.

GPS Location: You acknowledge that clocking in or out will record your GPS coordinates to verify geofence compliance. Location is captured only at clock-in and clock-out events, not continuously.

3.3 Facility Contacts

Access: Your access is provisioned by an Agency. You may view shifts at your Facility, approve timesheets, and communicate with the Agency. You may not use the Service to directly engage Professionals outside the Agency relationship.

4. Acceptable Use

You agree NOT to:

  • Use the Service to violate any law or regulation
  • Upload false, altered, or fraudulent credentials or identity documents
  • Impersonate another person or misrepresent your role
  • Attempt to gain unauthorized access to any account, system, or data
  • Scrape, crawl, or extract data except through our documented API
  • Introduce malware, viruses, or any other harmful code
  • Reverse engineer, decompile, or disassemble the Service
  • Interfere with or disrupt the Service’s operation
  • Use the Service to harass, defame, or harm others
  • Use the Service for staffing outside of healthcare without written consent from ShiftMesh

Violations may result in account suspension or termination, refunds forfeited, and referral to law enforcement where applicable.

5. Intellectual Property

5.1 Our Property

The Service — including software, design, text, graphics, logos, and the ShiftMesh name — is owned by ShiftMesh and protected by copyright, trademark, and other laws. Nothing in these Terms grants you ownership of any part of the Service.

5.2 Your Content

You retain ownership of content you submit (credential documents, shift details, messages, profile information). You grant ShiftMesh a worldwide, royalty-free license to host, process, and display your content as needed to provide the Service.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation or compensation.

6. Third-Party Services

The Service may integrate with third parties (payroll processing, identity verification, mapping). Your use of those services is subject to their own terms and privacy policies. We are not responsible for third-party service availability, accuracy, or actions.

7. Availability and Support

We target 99.5% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where practical.

Support is provided as described in your subscription tier. Contact us at support@shiftme.sh.

8. Termination

8.1 By You

  • Agencies may cancel a subscription through the billing portal, effective at the end of the current billing period
  • Professionals and Facility Contacts may delete their accounts at any time through account settings

8.2 By Us

We may suspend or terminate your account without refund if you:

  • Violate these Terms or any applicable law
  • Fail to pay fees when due
  • Engage in fraud, abuse, or activity that endangers other users

We will provide reasonable notice when practical, but may act immediately in cases of security, legal, or operational risk.

8.3 Effect of Termination

Upon termination:

  • Your access ends immediately
  • Outstanding fees remain payable
  • We will retain data only as required by law (see Privacy Policy Section 5)
  • You may request a data export for up to 30 days after termination

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that:

  • The Service will be uninterrupted or error-free
  • Defects will be corrected
  • The Service is free of viruses or harmful components
  • Information provided through the Service is accurate or complete

Credential verification tools help you verify — they do not replace your independent verification obligations. GPS geofencing is approximate and may be affected by factors outside our control (device accuracy, building materials, signal interference).

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • ShiftMesh is not liable for indirect, incidental, consequential, special, punitive, or exemplary damages
  • Our total liability for any claim is limited to the greater of: (a) fees you paid to us in the 12 months before the claim, or (b) $100

This limitation does NOT apply to:

  • Gross negligence or willful misconduct
  • Liability that cannot be limited under applicable law
  • Your indemnification obligations below

11. Indemnification

You will indemnify and hold ShiftMesh harmless from claims arising out of:

  • Your violation of these Terms
  • Your violation of law
  • Your misclassification of workers
  • False credentials or identity documents you submit
  • Disputes between you and other users

This includes reasonable attorneys’ fees and costs.

12. Dispute Resolution

12.1 Governing Law

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

12.2 Informal Resolution

Before filing a claim, contact us at legal@shiftme.sh. We will attempt good-faith resolution within 30 days.

12.3 Arbitration

If informal resolution fails, disputes will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Delaware unless both parties agree otherwise.

12.4 Class Action Waiver

You waive any right to participate in a class action or class arbitration. Disputes must be brought individually.

12.5 Exceptions

Either party may bring claims in small claims court or seek injunctive relief for intellectual property violations without resorting to arbitration.

13. Changes to These Terms

We may update these Terms. Material changes will be announced via email to registered users and a banner on the Service at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

14. General

Entire Agreement: These Terms, together with the Privacy Policy and any order form or Enterprise agreement, are the entire agreement between you and ShiftMesh.

Severability: If any provision is unenforceable, the rest remain in effect.

No Waiver: Our failure to enforce a provision does not waive our right to enforce it later.

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

Notices: We may provide notices via email to your account address or by posting on the Service.

15. Contact

ShiftMesh Legal: legal@shiftme.sh Support: support@shiftme.sh Security: security@shiftme.sh Privacy: privacy@shiftme.sh Website: https://shiftme.sh