1. Introduction
These Enterprise Terms ("Enterprise Terms") govern TheSHFTApp LLC's provision of enterprise-grade Services to Business Customers entering into enterprise agreements, including organizations that require custom pricing, dedicated support, volume access, API integrations, or team Workspace functionality ("Enterprise Customer," "you," or "your").
These Terms supplement the Terms of Use. For Enterprise Customers with executed order forms or enterprise agreements, the signed agreement governs to the extent of any conflict.
2. Enterprise Agreement Formation
2.1 Order Forms. Enterprise access is activated upon execution of an order form, statement of work, or enterprise agreement ("Enterprise Agreement") between TheSHFTApp and the Enterprise Customer.
2.2 Authorized Users. The Enterprise Customer is responsible for managing its Workspace, including onboarding, access control, and permissioning of authorized users. Enterprise Customer is responsible for all actions of its authorized users.
2.3 Account Administrators. Enterprise Customers must designate at least one Account administrator responsible for Workspace management, compliance, and communication with TheSHFTApp.
3. Services Scope
Enterprise Customers may access Services as specified in their Enterprise Agreement, which may include:
- Enterprise Dashboard and reporting
- Team Workspace with multi-user access
- Custom AI Credit allocations
- API access (subject to API Terms)
- Priority customer support
- Dedicated implementation support
- Advanced analytics and workforce intelligence
- Employer Platform and/or Recruiter Platform access
- Data Processing Addendum (DPA)
- Custom integrations (subject to separate scope definition)
- White-label or co-branded features (where available and separately agreed)
- AI model customization or configuration (subject to availability)
4. Data and Privacy
4.1 DPA. Enterprise Customers processing personal data of EU, UK, or California residents, or otherwise requiring contractual data processing terms, may enter into a Data Processing Addendum ("DPA") with TheSHFTApp. The DPA governs TheSHFTApp's processing of Personal Information on behalf of the Enterprise Customer.
4.2 Data Ownership. Enterprise Customers retain ownership of their Confidential Information, employee data, and User Data entered into their Workspace.
4.3 Subprocessors. TheSHFTApp's use of Subprocessors in delivering Services is governed by the Subprocessor Policy.
4.4 Security. TheSHFTApp maintains security practices as described in the Security Overview. Enterprise Customers may review the Security Overview as part of their due diligence.
5. Confidentiality
Each party agrees to maintain the confidentiality of the other's Confidential Information, to use it only in connection with the Enterprise Agreement, and to protect it with at least the same degree of care used to protect its own confidential information, but not less than reasonable care. This obligation survives termination of the Enterprise Agreement for a period of three (3) years, or indefinitely for trade secrets.
6. Fees and Payment
6.1 Enterprise Pricing. Fees for Enterprise Services are set forth in the applicable Enterprise Agreement or order form.
6.2 Invoicing. Enterprise Customers are typically invoiced on a net-30 basis unless otherwise agreed.
6.3 Late Payments. Overdue amounts may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
6.4 Fee Adjustments. Fee adjustments at renewal require advance notice as specified in the Enterprise Agreement.
7. Term and Renewal
7.1 Initial Term. The initial term is specified in the Enterprise Agreement.
7.2 Renewal. Agreements auto-renew unless either party provides written notice of non-renewal at least sixty (60) days before the end of the current term, unless otherwise specified.
7.3 Termination for Cause. Either party may terminate the Enterprise Agreement for material breach upon thirty (30) days' written notice if the breach is not cured within the notice period. Either party may terminate immediately upon the other party's insolvency.
7.4 Effect of Termination. Upon termination, Enterprise Customer's access to the Platform terminates. TheSHFTApp will provide data export assistance as described in the Enterprise Agreement or Data Retention and Deletion Policy.
8. Liability
8.1 Cap. Each party's liability to the other under the Enterprise Agreement is capped at the fees paid by Enterprise Customer in the twelve (12) months preceding the claim.
8.2 Exclusions. Neither party is liable for indirect, incidental, or consequential damages. This exclusion does not apply to confidentiality breaches, IP infringement, or indemnification obligations.
9. Indemnification
Each party indemnifies the other for third-party claims arising from the indemnifying party's: (a) gross negligence or willful misconduct; (b) violation of applicable law; or (c) infringement of third-party intellectual property rights.
10. Governing Law
Enterprise Agreements are governed by the law specified therein. In the absence of a governing law clause, Florida law applies.
11. Contact
Enterprise sales and support: legal@theshftapp.com Support: support@theshftapp.com