1. Introduction
These Marketplace Terms govern your participation in any workforce marketplace, shift marketplace, temporary staffing marketplace, gig marketplace, or similar feature ("Marketplace") offered by TheSHFTApp LLC ("TheSHFTApp," "we," "us," or "our") through the Platform.
Marketplace features may facilitate connections between Workers, SHFTRs, Employers, staffing partners, and other participants for the purpose of shift work, temporary assignments, contract engagements, gig opportunities, or related workforce activities.
These Terms supplement the Terms of Use. Capitalized terms have the meanings in the Master Definitions.
2. Nature of the Marketplace
2.1 Technology Platform Only. TheSHFTApp operates the Marketplace as a technology platform that facilitates connections between Workers and Employers or staffing partners. TheSHFTApp is not a staffing agency, employment agency, employer of record, co-employer, or labor intermediary, except as may be separately established in a specific service agreement.
2.2 No Employment Relationship with TheSHFTApp. Participating in the Marketplace does not create an employment, contractor, or agency relationship between you and TheSHFTApp unless separately established in writing.
2.3 Direct Relationship. Employment, contractor, or engagement relationships formed through Marketplace connections are directly between Workers and the applicable Employer, staffing partner, or business.
3. Worker Participation
3.1 Eligibility. Workers must meet eligibility requirements for any opportunity they apply to, including age requirements, legal work authorization, and required skills or certifications.
3.2 Accuracy. Workers must accurately represent their qualifications, availability, work history, and credentials in their Marketplace profile.
3.3 Legal Work Authorization. Workers are solely responsible for ensuring they have the legal authorization to work in the relevant jurisdiction.
3.4 Worker Classification. TheSHFTApp makes no representations about the employment classification of any Marketplace opportunity. Workers are responsible for understanding their classification (employee, independent contractor, etc.) and its implications.
4. Employer Participation
4.1 Employers using the Marketplace must post only legitimate opportunities and comply with applicable wage and hour laws, worker classification requirements, workplace safety regulations, and anti-discrimination laws.
4.2 Employers are solely responsible for compliance with all labor and employment laws applicable to Workers engaged through the Marketplace.
4.3 Employers may not use the Marketplace for opportunities involving forced labor, human trafficking, or exploitation.
5. Fees and Payments
5.1 Marketplace Fees. TheSHFTApp may charge Employers, staffing partners, or Workers service fees, placement fees, or subscription fees for Marketplace access. Applicable fees are described on the Platform.
5.2 Payment Terms. Payment terms for Marketplace transactions may vary by opportunity type and are described in the applicable opportunity listing or separate agreement.
5.3 Compensation Disputes. Disputes about pay, wages, or compensation for work performed are between the Worker and Employer directly. TheSHFTApp is not responsible for wage disputes, except where TheSHFTApp itself is the paying party under a separately agreed arrangement.
6. Ratings and Reviews
The Marketplace may include ratings and review features for Workers and Employers. Ratings and reviews must be honest, accurate, and based on genuine experiences. Fake, manipulated, or retaliatory reviews violate the Acceptable Use Policy.
7. Disclaimer
7.1 THESHFTAPP DOES NOT SCREEN, CERTIFY, OR BACKGROUND-CHECK WORKERS OR EMPLOYERS PARTICIPATING IN THE MARKETPLACE UNLESS A SPECIFIC VERIFICATION SERVICE IS EXPRESSLY DESCRIBED AS PART OF A FEATURE OR PLAN. PARTICIPANTS ARE RESPONSIBLE FOR THEIR OWN DUE DILIGENCE.
7.2 THESHFTAPP DOES NOT GUARANTEE THE AVAILABILITY, QUALITY, SAFETY, OR COMPLETION OF ANY MARKETPLACE OPPORTUNITY OR ENGAGEMENT.
8. Future Development
Marketplace features are actively being developed. The scope, structure, pricing, and functionality of Marketplace services may evolve significantly. These Terms will be updated as Marketplace features mature.
9. Contact
Marketplace support: support@theshftapp.com Legal: legal@theshftapp.com