Terms of Service

1 Acceptance of Terms

These Terms of Service ("Terms") form a legally binding agreement between you and Fashaw Morgan Digital ("we", "us", "our"), the developer and operator of ShiftBridge, governing your access to and use of the platform at shiftbridge-fmd.com and all associated applications, APIs, kiosk tools and services (collectively the "Service").

By creating an account, logging in, using any feature of the platform, or allowing employees to use the kiosk, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. These two documents together constitute the complete agreement between you and Fashaw Morgan Digital.

You must be at least 18 years of age to create an account. Employees using the kiosk for time clock purposes only are subject to their employer's acceptance of these Terms on their behalf.

2 The Service

ShiftBridge is a cloud-based workforce management platform providing tools for three primary user types:

The Service includes the web-based administrative application, employee kiosk, contractor portal, scheduling module, attendance review tools, payroll record system and reporting tools. Features may be added, modified or removed at our discretion with reasonable notice of significant changes.

3 Accounts & Roles

Registration

You must provide accurate, complete and current information when creating an account. Providing false information, including false business details, TIN numbers or employee records, is a violation of these Terms and may have legal consequences. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

Notification of Security Breach

You must notify us immediately at privacy@shiftbridge-fmd.com if you become aware of any unauthorised access to your account or any other security breach.

User Roles

• Super Admin — platform-level access managed by Fashaw Morgan Digital only
• Admin — full account access including setup, payroll, scheduling and team management. Accountable for all actions taken within the account.
• Team Member — limited access as configured by the account admin
• Contractor — access to the contractor hours review portal only
• Employee / Kiosk User — kiosk access for time clock functions only, authenticated by PIN or biometric

Account administrators are responsible for assigning appropriate roles. We are not liable for actions taken by users granted access levels beyond what is appropriate for their function.

4 Acceptable Use

You agree to use ShiftBridge only for its intended lawful purposes. You must not:

• Submit false, fraudulent, altered or misleading time records, attendance data or payroll information
• Impersonate another employee, contractor, employer or any other person
• Attempt to gain unauthorised access to any account, system or data
• Circumvent, disable or interfere with security features of the Service
• Reverse engineer, decompile or attempt to extract source code from the Service
• Upload, transmit or introduce malware, viruses or any malicious code
• Use the Service in any manner that violates applicable federal, state or local law
• Harvest, scrape or systematically extract data from the platform without written permission
• Resell, sublicense, rent or commercially exploit any part of the Service without written consent
• Use the Service to harass, threaten or discriminate against any individual

5 Biometric Data & Facial Recognition

FaceIO Integration

ShiftBridge uses FaceIO (faceio.net) to provide facial recognition authentication at kiosk devices. By enabling facial recognition, you additionally agree to FaceIO's Terms of Service and Privacy Policy. ShiftBridge stores only the unique faceId returned by FaceIO — we do not store raw facial images or biometric templates on our servers.

Employer Biometric Obligations

• Obtain written or digital informed consent from each employee before biometric enrollment
• Inform employees of the purpose, retention period and handling of their biometric data
• Comply with all applicable biometric privacy laws including BIPA (Illinois), CCPA (California), and any other state or national biometric regulations applicable to your jurisdiction
• Process employee requests for biometric data deletion promptly
• Not use facial recognition data for any purpose other than employee authentication at the ShiftBridge kiosk
• Ensure the kiosk camera is clearly visible to employees and not used for covert surveillance

Employee Rights

• Employees may opt out of facial recognition at any time without penalty — PIN-based authentication is always available as an alternative
• Employees may request deletion of their biometric data by contacting their employer or administrator
• Opting out of facial recognition has no effect on employment status or platform access

Employers are solely responsible for compliance with all biometric privacy laws applicable to their jurisdiction. Fashaw Morgan Digital is not responsible for an employer's failure to obtain consent or comply with biometric data regulations.

6 Employer Obligations

Employment Law Compliance

• Compliance with all applicable federal, state and local employment, wage and labour laws including the FLSA, state minimum wage laws, overtime regulations and break requirements
• Proper legal classification of all workers as employees or independent contractors under IRS guidelines and applicable state law
• Maintaining required employment records as mandated by law, independent of ShiftBridge records

Tax and Payroll Compliance

• Accuracy of all 1099-NEC and other tax documents generated or exported from the platform
• Maintaining valid W-9 documentation on file for all contractors receiving payments of $600 or more per tax year as required by the IRS
• Filing all required tax forms with appropriate federal and state agencies by applicable deadlines
• Withholding and remitting applicable payroll taxes for employees

Platform Administration

• Ensuring all hours, schedules, pay rates and payroll data entered are accurate
• Reviewing and approving time records before pushing to payroll
• Ensuring supervisors have proper authority for attendance review and payroll push functions
• Registering and securing kiosk devices — unsecured devices are the employer's responsibility

7 Contractor Obligations

Contractors accessing ShiftBridge agree to:

• Review employee hours submitted by employers accurately, honestly and in good faith
• Submit invoices that accurately reflect agreed contractual rates and hours worked
• Maintain current, accurate and complete W-9 documentation and update it promptly when information changes
• Raise disputes through the platform's dispute mechanism with supporting documentation when hours records are believed to be inaccurate
• Not share contractor portal login credentials with unauthorised persons
• Comply with all applicable tax reporting obligations for contractor income

Contractors acknowledge that ShiftBridge is a record-keeping and communication tool and does not guarantee payment. Payment obligations remain solely between the contractor and the employer.

8 Employee / Worker Obligations

Authentication and Identity

• Use only their own credentials — PIN or biometric — to authenticate at the kiosk
• Never share their ShiftBridge PIN with any other person
• Never attempt to clock in or out using another employee's credentials
• Report lost or compromised PINs to a supervisor immediately

Time Records

• Record accurate clock-in and clock-out times that reflect actual hours worked
• Not falsify, manipulate or back-date attendance records
• Report technical kiosk failures to a supervisor immediately
• Review time cards and raise corrections through the appropriate supervisor channel promptly

9 Kiosk & Attendance Systems

Device Registration

Kiosk devices must be registered to a specific location within ShiftBridge. The device registration token must be kept secure. Employers are responsible for deregistering any lost, stolen or decommissioned devices immediately.

Authentication Methods

• Facial recognition — via FaceIO integration (requires enrollment and consent)
• PIN authentication — 4-digit ShiftBridge PIN set by or for the employee
• Supervisor override — for exception cases including biometric failure, unenrolled employee or device failure

Punch Exceptions and Auto-Close

The system flags certain punch events as exceptions requiring supervisor review, including early punches, late punches, punches outside scheduled shifts and punches with no schedule on file. The auto-close function may automatically clock out employees who have not clocked out after an extended period. Employers should review auto-closed punches and configure the feature appropriately.

10 Payroll & Data Accuracy

ShiftBridge calculates hours worked and gross pay amounts as a reference aid to payroll processing. The following conditions apply:

• All calculations are based entirely on data entered by users — accuracy depends on accurate input
• All payroll figures should be reviewed and verified by the employer before any payment is made
• Pushing hours to payroll within ShiftBridge is a record-keeping action only and does not initiate, authorise or guarantee any payment
• Break deductions are calculated based on recorded break events — employers must configure break policies in accordance with applicable wage laws
• ShiftBridge is not a payroll processor and does not transmit payments to employees or contractors

11 Payment & Subscription

Access to ShiftBridge may be subject to subscription fees. Current pricing and plan details are available on the ShiftBridge website or as communicated to account administrators.

• Subscription fees are billed in advance on the applicable billing cycle
• All fees are non-refundable unless otherwise stated or required by law
• We reserve the right to change pricing with reasonable advance notice
• Failure to maintain a current subscription may result in suspension of access
• Free tier access (where available) is subject to usage limits and may be modified or discontinued

For billing enquiries contact privacy@shiftbridge-fmd.com.

12 Intellectual Property

All content, design, user interface, code, trademarks, logos and materials comprising ShiftBridge are the exclusive intellectual property of Fashaw Morgan Digital and are protected by applicable copyright, trademark and intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for its intended purposes. This licence does not permit copying, modification, distribution, resale or sublicensing of any part of the Service.

Your Data

You retain full ownership of all data you input into ShiftBridge. By using the Service you grant Fashaw Morgan Digital a limited licence to store, process and display that data solely as necessary to provide the Service. We do not claim ownership of your data and will not use it for any purpose beyond operating the platform.

13 Third-Party Services

• FaceIO (faceio.net) — facial recognition. Subject to FaceIO's Terms of Service and Privacy Policy.
• Hostinger — web hosting and server infrastructure. Data is stored on Hostinger's servers subject to their data processing terms.
• Google Fonts — typography delivery. Subject to Google's terms of service.
• Email service providers — used to send transactional notifications including verification and cycle approval emails.

We are not responsible for the performance, availability, terms or privacy practices of any third-party service. If any third-party service becomes unavailable, ShiftBridge may cease to offer features dependent on that service without liability to you.

14 Privacy & Data Protection

Our collection, use, storage and sharing of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms you also agree to our Privacy Policy. Key commitments include: we do not sell personal data; passwords and PINs are hashed using bcrypt; TIN and EIN data is encrypted at rest; all data transmission uses HTTPS/TLS; biometric facial data is managed by FaceIO with ShiftBridge storing only the assigned faceId.

15 Disclaimers

We do not warrant that the Service will be uninterrupted, error-free or secure; that payroll calculations will be accurate or legally compliant; that the Service will meet your specific business or compliance requirements; or that data will never be lost or corrupted. You use the Service at your own risk. We strongly recommend maintaining independent backup records of all critical employment and payroll data.

16 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FASHAW MORGAN DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, PAYROLL ERRORS, WAGE LAW VIOLATIONS, TAX PENALTIES, OR DAMAGES ARISING FROM THIRD-PARTY BIOMETRIC DATA BREACHES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). Some jurisdictions do not allow certain liability exclusions — in such cases our liability is limited to the minimum extent permitted by law.

17 Indemnification

You agree to indemnify, defend and hold harmless Fashaw Morgan Digital, its officers, employees and agents from all claims, damages, losses, liabilities and expenses (including legal fees) arising from: your use of the Service in violation of these Terms or applicable law; failure to obtain required biometric consents; failure to comply with employment, wage, tax or biometric privacy laws; any payroll errors or tax compliance failures within your organisation; data you submit to the platform; or unauthorised access resulting from failure to protect your credentials.

18 Termination

Termination by You

You may terminate your account at any time by contacting us at privacy@shiftbridge-fmd.com. Termination does not entitle you to a refund of prepaid fees.

Termination by Us

We may suspend or terminate your account immediately without prior notice if you materially breach these Terms, engage in fraudulent or illegal activity, we are required to do so by law, or continued provision poses a legal or security risk.

Effect of Termination

Access ceases immediately upon termination. You may request a data export within 30 days — after which data may be deleted per our Privacy Policy. Sections 12, 16, 17 and 19 survive termination.

19 Dispute Resolution

In the event of a dispute, the parties agree to first attempt informal resolution by contacting us at privacy@shiftbridge-fmd.com. We will make a good-faith effort to resolve matters within 30 days. If unresolved, disputes shall be submitted to binding arbitration under the American Arbitration Association (AAA) rules, conducted in Tennessee. You waive any right to bring or participate in a class action lawsuit or class-wide arbitration against Fashaw Morgan Digital.

20 Governing Law

These Terms are governed by the laws of the State of Tennessee, United States, without regard to conflict of law provisions. For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Tennessee. If any provision is found unenforceable, it shall be modified to the minimum extent necessary and the remaining provisions shall continue in full force.

21 Changes to These Terms

We may update these Terms at any time. We will update the "Last updated" date at the top of this page. For material changes we will notify account administrators by email at least 14 days before changes take effect where practicable. Continued use of ShiftBridge after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service before the effective date.

22 Contact

For questions, concerns or legal notices relating to these Terms:

For data privacy requests or biometric data deletion, email us with "Privacy Request" in the subject line.