Terms of Service

This Agreement (hereinafter referred to as the ‘Terms of Service’, ‘Terms’ or ‘ToS’) means the contract between the user and Shiftee Inc. (hereinafter referred to as ‘Shiftee’, ‘we’, ‘our’ or ‘us’) regarding use of website, web app, mobile app services (hereinafter referred to as the ‘Service’) provided by Shiftee.

1. Definition

  1. ‘User’ (‘you’ or ‘your’) means a business operator, a corporation, an enterprise, a store owner, and all employees who use this service by registering an account.
  2. ‘Service’ means all features and functions of the web admin and mobile app and the additional services that can be accessed by Users.
  3. ‘Contents’ mean text, image, video, voice, software, program, code and other materials.
  4. ‘Company Contents’ mean all contents available through the Service.
  5. ‘User Contents’ mean the content created by User using this Service.
  6. ‘Individual Terms of Service’ (‘Individual ToS’) mean the documents distributed by or published by Shiftee separately in the name of ‘Contracts’ ‘Terms’, ‘Guidelines’, ‘Policies’, etc.

2. Accept the terms

  1. You must use the Service in accordance with the terms of this ToS. You may use the Service only if you have an effective and irrevocable consent to the Terms.
  2. By using the Service, you are deemed to have valid and irrevocable consent to the Terms.
  3. If you agreed to Individual Terms of Service, you must use the service in accordance with the Individual ToS.

3. Changing Terms

Shiftee Reserves the right to make unilateral modifications to these Terms at any time without prior notice to the User.

After the change, these Terms and the Individual ToS shall become effective from the time they are posted at the appropriate place on the website operated by Shiftee and the User who continue to use the Service shall be deemed to have valid and irrevocable consent to the Terms and any applicable individual terms and conditions.

Because these changes cannot be individually notified to users, you should consult the most current terms and applicable individual terms and conditions from time to time when using the Service.

4. Account

  1. When you register information related to yourself for use of the Service, you must provide true, accurate and complete information and always update to the latest information.
  2. When registering a password for the use of this service, the user must strictly manage it at his / her own responsibility not to be misused. Shiftee may consider any action performed using the registered password as an action of the user himself or herself.
  3. Users registered with the Service may delete their account at any time and withdraw. However, you can delete and unsubscribe from your account by making a request to us via email to support@shiftee.io.
  4. We may suspend or delete your account without prior notice if we believe that you are in breach of the Terms.
  5. Shiftee may delete an account that hasn’t been in use for more than one year since the last access, without prior notice to the user.
  6. All use rights that the user has in the Service are forfeited at the time the account is deleted for any reason. Be cautious with your account because if you accidentally delete your account, you will not be able to recover it.
  7. The right to an account of the Service shall be the sole responsibility of the user. You may not transfer, rent, or inherit all the benefits that you have in the Service to a third party.

5. Privacy

  1. Shiftee's privacy policy is always available at https://shiftee.io/en/privacy.
  2. Shiftee shall treat the user's privacy and personal information appropriately in accordance with the privacy policy.
  3. Shiftee shall make every effort to ensure the security of information collected from users.
  4. Name, address, telephone number, etc. of the location information provider
    • Name: Shiftee Inc.
    • Address: 124, 507 Teheran-ro, Gangnam-gu, Seoul
    • Phone: 0507-1407-5318
  5. The rights of the personal location information entity
    1. You may revoke all or any part of your agreement with Shiftee to provide location-based services and the provision of personal location information to third-party at any time. In this case, Shiftee discards the collected personal location information, use of personal location information, and provision confirmation data.
    2. You may request a temporary suspension of the collection, use or provision of your personal location information at any time, and Shiftee has no technical means to refuse this.
    3. The user may request the reading or notice of the data of each of the following subparagraphs, and if there is an error in the data, the user may request the correction. In this case, Shiftee can not deny your request without justifiable grounds.
      1. Confirmation of collecting, using, and providing your location information.
      2. Reason and contents of my personal location information provided to a third party under the Act on Protection and Utilization of Location Information Act or other laws
    4. The user may request the exercise of the rights set forth in paragraphs i to iii through the prescribed procedures of Shiftee.
  6. Rights of legal representative
    1. Shiftee must obtain consent from users and their legal representatives for users under the age of 14 to provide location-based services using personal location information and consent to provide personal location information to third party. In this case, the legal representative has all the rights of the user under Article 11.
    2. If you want to use the personal information of children under the age of 14 or use the location information, or to provide the information to the third party, And their legal representatives. However, the following cases are excluded.
      • When processing personal location information of an unrecognized form of personal location entities for statistics, academic research or market research.
  7. The content of the service that Shiftee intends to provide to the location-based service provider
    • Shiftee does not provide any service to third-party location-based service providers.
  8. The grounds for holding location information and the holding period
    1. The user records the position of the person's act of pressing the clock-in/clock-out/break buttons to leave a time and attendance record.
    2. Retention period
      1. When a user revokes all or part of the agreement with Shiftee to provide location-based service and the provision of personal location information to third-party.
      2. When the management owner of the company to which the employee belongs deletes the attendance record.

6. Service Delivery

  1. Shiftee grants to you a non-exclusive, non-transferable right to install and use of the Service.
  2. Shiftee may provide the Service in whole or in part only to users who satisfy their conditions of identity verification, registration information, and other requirements as determined by Shiftee.
  3. Shiftee may, at its sole discretion, change the contents of this Service, in whole or in part, at any time without prior notice to the User, and may cease providing the Service.

7. Charge

  1. A subscription plan is initiated by a user with a selected plan at the time of or after the registration.
  2. A separate contract shall be initiated in writings in addition to the Terms agreed upon between the Shiftee and the User, should there be any special clause or conditions. 2-2. In this case, you can inherit the previous year or month’s rate or update the new rate at the time of renewal after the service and service period expires.

8. Paying the bill

  1. Subscription plan will be in effect as soon as the user chooses and proceeds during registration.
  2. Charges are to be paid by wire transfer, direct debit or automatic credit card payment.
  3. You agree to indemnify all sales, usage, value-added, excise or other taxes that arise or are incurred based on the amount you owe to Shiftee in accordance with these Terms and Conditions.

9. Duration and Termination of Paid Periodic Plans and Contract Plans

  1. A subscription plan continues to be in effect unless the Service is terminated by the Terms and Conditions
  2. A contract plan continues to be in effect unless the service is terminated by the Terms and Conditions
  3. This Service will also be terminated if you fail to correct the violation within thirty (30) days of receipt of an email, written, telephone or text notice from Shiftee Inc. indicating a violation of a material Terms of Use.
  4. Upon termination, the Service will cease and your account will lose access to all or part of the Service.

10. In-App Advertisement

Shiftee may place Shiftee’s or third party advertisements on the Service.

11. Providing with Partner Services

This Service may include services or content provided by other providers in connection with Shiftee. Responsibility for these services or content lies with the provider. In addition, such services or contents may be subject to the terms and conditions set forth by the provider providing them.

12. Contents

  1. Shiftee grants to the user the right to the Service for the sole purpose of using Company Contents provided by Shiftee.
  2. Even if ‘purchase’ or ‘sale’ is displayed on the screen of the service, the intellectual property rights or other rights of the contents provided by Shiftee are not transferred to the user, and the user is only granted the use right.
  3. You shall not use (including copying, transmitting, reprinting, modifying, etc.) the contents of the Company beyond the predefined usage form in this Service.
  4. The User retains the same rights as it holds with respect to User Content and Shiftee does not acquire this right.
  5. If we need to confirm the compliance status of these Terms and Conditions, we may audit the contents of the User Contents. However, Shiftee has no obligation to perform such verification.
  6. Shiftee reserves the right to remove User Contents from the Service by any means, such as deletion of User Contents without prior notice to the User, if we consider that the User has violated or violates these Terms.

13. Prohibition

You shall not engage in any of the following actions while using the Service.

  1. Any act that violates laws, court rulings, decisions or orders, or administrative measures that binds to the statute.
  2. Acts that may interfere with public order or morals.
  3. Acts that infringe the intellectual property rights, honor rights, privacy rights, other statutory or contractual rights such as copyrights, trademarks, patent rights of Shiftee or third parties.
  4. Acts that include expression of incitement or encouragement of suicide and substance abuse, violence, antisocial content, explicit sexual expression, discriminatory expressions on race, nationality, creed, sex, social status and family background, and offensive expressions to others.
  5. Impersonating Shiftee or a third party or disseminating false information intentionally.
  6. Sending the same or similar messages to an unspecified number of users (except those approved by Shiftee), indiscriminately adding other users to a friend or group conversation, or other actions that Shiftee has determined to be spam.
  7. Exchange of the right to use this contents with cash, property or other economic interests in a manner other than as provided by Shiftee.
  8. Acts that have purpose of sales, propaganda, advertising, solicitation, or other commercial purposes (except for those approved by Shiftee), sexual and obscene activities, for any other purpose, such as malicious conduct or misrepresentation or slander against another user, and using the Service for any purpose other than the purpose for which the Service was previously provided for.
  9. Benefit and other cooperative activities for antisocial forces.
  10. Soliciting users to a religious activity or a religious organization.
  11. Illegally collecting, disclosing, or providing personal information, registration information, and usage history information of others.
  12. Unauthorized manipulation of the service using obstacles to the server and network system of this service, BOT, cheat tool or other technical means. Intentional use of the disability of this service. Any other activity that interferes with or impedes the operation of this Service or any other user's use of the Service.
  13. An act that aids or encourages an action falling under any of the items 1 to 12 above.
  14. Other deemed misconduct

14. Responsibility

  1. You are responsible for using this Service at your own risk and are responsible for all actions and results arising from this Service.
  2. If Shiftee recognizes that you are using the Service in a manner that is contrary to these Terms and Conditions, Shiftee shall take such action as it deems necessary and appropriate, however, Shiftee has no obligation to prevent or correct such violation.
  3. In the event of any damages to Shiftee (including attorneys' fees) arising directly or indirectly from such use of the Service (including the case where the claim is received from a third party by such use), you have to compensate immediately at the request of Shiftee.
  4. You are free to modify, manipulate, or delete User Content, but we are not responsible for Users who violate the law.

15. Shiftee Immunity

  1. Shiftee does not guarantee that there is no defects, errors, bugs, or infringements of any kind, whether actual or legal (including but not limited to, safety, reliability, accuracy, completeness, validity). Shiftee shall have no obligation to remove such defects to provide this Service.
  2. Shiftee shall not be held responsible for any damages incurred by the user due to this service. Provided, however, that this exclusion clause does not apply if the contract between the User and us relating to the Service (including this Agreement) falls under a consumer contract as defined by the Consumer Contract Act.
  3. Even a situation that falls under paragraph 15.2, Shiftee shall not be held responsible for any damage or liability arising out of or in violation of any obligation by Shiftee (including negligence). In addition, when compensating for damages incurred by the user due to fault or negligence caused by Shiftee, the upper limit shall be the amount of the fee received from the user in the month in which such damages occurred.

16. How to Contact Us

  1. When Shiftee contacts users in connection with the Service, post them in the appropriate place on the website operated by Shiftee or by other means such as e-mail.
  2. When you contact Shiftee in relation to this Service, you shall transmit it on the user inquiry page installed in a suitable place on the site operated by Shiftee or by other methods such as email.

17. Governing Law and Resolution of Disputes

  1. The laws of the Republic of Korea shall apply in relation to these Terms of Service.
  2. ‘Shiftee’ and ‘User’ shall make necessary efforts to resolve disputes in connection with this Service.
  3. In the event of a conflict regarding interpretation, Shiftee’s interpretation shall prevail.
  4. Notwithstanding the efforts in the preceding paragraph, if a lawsuit is filed against a dispute, the Seoul Central District Court shall be the competent court.

Date established: September 1, 2016
Effective date: September 1, 2016
Last modified: September 3, 2017