By accessing or using ShiftPilot ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and ShiftPilot.
We reserve the right to modify these Terms at any time. Material changes will be notified by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.
ShiftPilot is a web-based scheduling platform designed for healthcare facilities, hospitals, and clinics to manage work schedules, assignments, and related administrative functions. The Service includes features for schedule generation, assignment management, calendar synchronization, reporting, and administrative tools.
To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials or to comply with this section.
We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
You retain ownership of any data, information, or content you submit, post, or display through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving the Service.
You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that you have all necessary rights to grant the license described above and that your User Content does not violate any third-party rights or applicable laws.
You are responsible for ensuring the accuracy and completeness of data entered into the Service. We are not responsible for errors, omissions, or inaccuracies in User Content.
The Service and its original content, features, and functionality are owned by ShiftPilot and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.
The Service may integrate with third-party services, such as Google Calendar. Your use of such third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.
We strive to maintain the availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that the Service will meet your requirements, achieve any intended results, be compatible with other software or services, operate without interruption, or be error-free. We do not guarantee the accuracy, completeness, or usefulness of any information provided through the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHIFTPILOT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
As between the parties, the customer organization (the "Customer") is the organization accountable for the personal information it and its users enter into the Service ("Customer Data") under the Personal Information Protection and Electronic Documents Act (Canada) ("PIPEDA") and, where applicable, is the health information custodian under the Personal Health Information Protection Act, 2004(Ontario) ("PHIPA") or the equivalent provincial or territorial legislation. ShiftPilot processes Customer Data solely as the Customer's agent (within the meaning of section 17 of PHIPA), information manager, service provider or processor, as the case may be, and only for the purpose of providing the Service in accordance with these Terms, the Privacy Policy and the Customer's documented instructions.
ShiftPilot shall:
The Customer shall:
ShiftPilot shall maintain, for the duration of the Customer's subscription, the backup program described in section 6 of the Privacy Policy, namely: continuous multi-zone replication of the production database; a complete encrypted export of all production tables at least once every twenty-four (24) hours, stored outside the production database and retained for ninety (90) days; a point-in-time version of every schedule on each publication, import, generation or edit, retained for the life of the Customer's account; and version-controlled application code with the ability to roll back any production deployment.
ShiftPilot shall use commercially reasonable efforts to meet a recovery point objective of twenty-four (24) hours and a recovery time objective of four (4) hours for full restoration of the production database from a daily backup, and shall make schedule version history available for self-service restoration by the Customer's administrators at all times the Service is available. ShiftPilot shall test restoration from a daily backup at least once every six (6) months.
If the Customer requests restoration of Customer Data that has been lost or corrupted through no fault of ShiftPilot (for example, through deletion by a Customer administrator), ShiftPilot shall perform the restoration from the most appropriate available backup within the recovery time objective in section 12.2. Restoration necessitated by a failure of the Service or of ShiftPilot's infrastructure shall be performed at ShiftPilot's cost.
The Customer may export its schedules from the Service at any time and may request a complete machine-readable export of its Customer Data, which ShiftPilot shall provide within ten (10) business days. The Customer acknowledges that it is responsible for maintaining any additional copies of Customer Data that it requires for its own records or regulatory purposes.
This section states ShiftPilot's obligations in respect of backup and recovery. Section 9 (Disclaimers) and section 10 (Limitation of Liability) continue to apply; nothing in this section constitutes a guarantee that no data will ever be lost.
The Customer may at any time elect, for its organization or for any of its users, to disable any notification channel, any category of automated message, the assistant described in section 9 of the Privacy Policy, any third-party integration, or any other optional processing described in the Privacy Policy, and may request collection limits, deletion or shortened retention of particular data, in each case as set out in section 13 of the Privacy Policy. ShiftPilot shall acknowledge such a request within two (2) business days and give effect to it within ten (10) business days, or explain in writing why it cannot be accommodated. Disabling a feature on which another feature depends may limit the functionality of the Service, and ShiftPilot shall advise the Customer of any such consequence before giving effect to the request.
You agree to indemnify, defend, and hold harmless ShiftPilot and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another party.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Arbitration Act (Ontario), except where prohibited by law. The arbitration shall be conducted in Toronto, Ontario, Canada.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and ShiftPilot regarding the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms of Service, please contact us at: