Terms of Service

1. Eligibility and authority

You represent that you are at least 18 years old and have legal capacity to enter contracts. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization. The Service is offered for business use by restaurants and similar hospitality operators in the United States.

2. The Service

We provide software for restaurant scheduling, time clock (including optional geofenced punches), coverage and cuts, requests, messages, alerts, availability, and tips/checkout when you enable them. Features may vary by plan, public-beta status, and configuration. Some tools shown in the product may be limited or unfinished during the public beta.

The Service is software-as-a-service. We do not provide legal, payroll, tax, employment, or accounting advice. We do not warrant that geolocation, geofence status, time punches, tip calculations, or payouts will satisfy any particular legal or payroll requirement. Customer remains responsible for verifying time and pay records as required by law.

3. Public beta

The Service is currently offered as a free public beta. There is no charge and no card required during the beta. The Service is provided "as is" for evaluation. We may change, pause, or end the beta, or start paid plans later, with notice on this site and by email to the account owner. Total liability for free beta or free pilot use is capped at $0. Either party may stop using the Service with 24 hours' notice during the beta.

4. Accounts and security

Customer is responsible for accuracy of account and roster information, keeping credentials confidential, all activity under Customer's accounts, and promptly notifying us of unauthorized access. Customer will deactivate access for former workers. We may suspend access to protect the Service, other customers, or to investigate suspected violations of these Terms.

5. Customer obligations — employer / controller

Customer is the employer (or hiring entity) and the data controller with respect to personal data of its workers and other individuals Customer invites into the Service. We process that data as a processor on Customer's documented instructions, as described in the DPA and Privacy Policy.

Customer is solely responsible for providing workers with legally required notices and obtaining required consents relating to:

• timekeeping and electronic time records;
• precise location used for geofenced punches (including latitude/longitude, accuracy, geofence status, and any optional Wi-Fi / beacon identifiers or arrive-near-work reminders Customer enables);
• wage, tip, and payout-related processing;
• electronic monitoring or workplace location-tracking notices required under applicable law;
• inviting workers ages 14–17, where lawful, including child-labor rules. The Service is not directed to children under 13.

Customer will not configure or use the Service in a manner that violates wage-and-hour, child-labor, privacy, or other employment laws.

6. Acceptable use

Customer and its users will not:

• reverse engineer the Service except where that restriction is prohibited by law;
• probe or attack the Service without our prior written consent;
• use the Service to transmit malware, spam, or unlawful content;
• interfere with the Service or other customers;
• misrepresent identity or affiliation;
• use the Service to track individuals outside workplace geofence purposes supported by the product, or for continuous surveillance inconsistent with Customer's lawful notices (the product is designed for punch-time presence verification, not a live staff map);
• resell the Service as a service bureau except as expressly permitted in writing;
• violate applicable law, including privacy, employment, and anti-discrimination laws.

7. Subscriptions, fees, cancellation

During the public beta we do not bill. After beta, plans are billed per location, monthly or annually, and never per employee. Fees will be as stated on our pricing page or order form, in U.S. dollars, exclusive of taxes. Customer is responsible for applicable taxes excluding taxes on our net income.

When paid subscriptions exist, they renew automatically for the same term unless Customer cancels before the renewal date. We will give notice before charging. Customer may cancel at any time via the contact page or in-product controls when available; paid access continues through the end of the current billing period. We do not refund partial periods unless required by law or agreed in writing.

Payments for subscriptions, when enabled, are processed by Stripe. Square, when connected, is for POS sync only — not subscription billing.

8. Tips, payouts, and payroll

Traditional wage payroll remains Customer's responsibility. We are not Customer's payroll processor unless a separate written agreement says otherwise.

The Service may maintain an in-app tip / banker ledger of amounts allocated to workers. A ledger entry is not itself a bank transfer. Automated "instant" card or crypto disbursement features, if shown, may be limited, staged, or simulated until a live payment rail is enabled and disclosed. We are not a bank. Any live money movement, when offered, will be performed by licensed payment partners under their terms.

Target product (not live unless we say so on this page): USDC as an optional instant tip rail with a disclosed fee; Visa Direct (or ACH) as a standard rail. Zelle handles and staff-to-staff shift-purchase micropayments are not part of the product. Customer remains responsible for lawful wage and tip practices.

9. Customer data and intellectual property

Customer owns data Customer or its users submit to the Service ("Customer Data"). Customer grants us a non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, maintain, secure, and support the Service, and as permitted in the Privacy Policy and DPA.

We may create de-identified and/or aggregated data for product improvement, security, and analytics, provided it does not identify Customer or individuals. We do not sell Customer Data. We do not use Customer Data to train models for other customers.

We and our licensors own the Service, software, and documentation. Feedback may be used without restriction or obligation.

10. Third-party services

The Service may interoperate with third-party services (hosting, email, analytics, error monitoring, payments, push notifications). Those services have their own terms. Current sub-processors are listed at /legal/subprocessors.

11. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT CUSTOMER DATA WILL BE PRESERVED WITHOUT LOSS.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY.

FOR FREE PUBLIC-BETA AND PILOT USE, TOTAL LIABILITY UNDER THESE TERMS IS CAPPED AT $0. IF AND WHEN CUSTOMER PAYS SUBSCRIPTION FEES, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100. Some jurisdictions do not allow certain limitations; in those jurisdictions, liability is limited to the maximum extent permitted by law.

13. Indemnification

Customer will defend, indemnify, and hold harmless Cut the Shift LLC and its officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data; (b) Customer's use of the Service in violation of these Terms or law; (c) Customer's employment practices, wage-and-hour compliance, tip practices, or worker classification; (d) Customer's failure to provide legally required worker notices or obtain required consents for timeclock, precise location, monitoring, or payouts; and (e) disputes between Customer and its workers or other third parties.

We will defend and indemnify Customer from third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a U.S. intellectual property right, excluding claims based on Customer combinations, modifications, or misuse.

14. Term, termination, export

These Terms start when Customer first accepts them and continue until terminated. Either party may terminate for convenience on 30 days' written notice, subject to paid subscription end-of-period rules. Either party may terminate for material breach if the breach remains uncured 30 days after written notice (or immediately for incurable breach, illegal use, or nonpayment). We may suspend the Service immediately for security risk, legal requirement, nonpayment, or material acceptable-use violations.

Upon termination we will make Customer Data available for export in CSV/JSON for 30 days, consistent with the DPA and Privacy Policy, then delete or retain only as required for legal, backup, or financial reasons.

15. Governing law and disputes

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law rules. Exclusive venue is the state or federal courts located in Ohio (including the U.S. District Court for the Southern District of Ohio), and each party consents to personal jurisdiction there. The parties will first try in good faith to resolve disputes via the contact page for 30 days. Class, collective, and representative actions are waived to the extent permitted by law. This does not limit workers' rights against their restaurant under employment law.

16. Data Processing Addendum

The DPA at https://cuttheshift.io/legal/dpa is incorporated into these Terms (version 2026-08-19). If there is a conflict between the DPA and these Terms regarding processing of personal data, the DPA controls for that subject.

17. Changes; notices; miscellaneous

1. We may update these Terms by posting a new "Last updated" date. For material changes affecting paying Customers we will email the account owner or show in-product notice a reasonable time before they take effect. Continued use after the effective date constitutes acceptance, except where law requires affirmative consent.
2. No formal uptime SLA is committed under these standard Terms unless stated in a separate written order form.
3. Neither party is liable for delay due to causes beyond reasonable control, including failures of third-party hosting or payment providers, provided the affected party uses reasonable efforts to mitigate.
4. Notices: to Cut the Shift LLC at 10130 Sleepy Ridge Dr, Loveland, OH 45140 or via the contact page; to Customer at the account-admin email.
5. Neither party may assign these Terms without the other's consent, except to an affiliate or in a merger, acquisition, or sale of substantially all assets, with notice.
6. These Terms, the DPA, Privacy Policy, Cookie Policy, and any order form or pilot agreement are the entire agreement regarding the Service. A signed pilot agreement may modify these Terms for the pilot period only as expressly stated. Click-through acceptance is valid. If a provision is unenforceable, the remainder remains in effect. These Terms do not create a partnership or employment relationship.

18. Contact

Questions about these Terms: contact page. Cut the Shift LLC, 10130 Sleepy Ridge Dr, Loveland, OH 45140.