Terms of Use

Agreement to Terms
Definitions
Eligibility and Account Registration
Description of Services
License to Use the Platform
User Content and Data
AI Systems and Generated Content
Smart Apply and Automated Actions
Recruiter Referrals
Acceptable Use
Subscriptions, Payments, and Credits
Access Pass Terms
Third-Party Services and Links
Intellectual Property
Feedback
Privacy
Confidentiality
Disclaimers and Warranty Limitations
Limitation of Liability
Indemnification
Term, Suspension, and Termination
Dispute Resolution and Arbitration
Governing Law and Venue
General Provisions
Contact Information

1. Agreement to Terms

1.1 Binding Agreement. These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and TheSHFTApp LLC, a Florida limited liability company ("TheSHFTApp," "Company," "we," "us," or "our"), governing your access to and use of the Platform and all Services. By accessing the Platform, creating an Account, clicking "I Agree" or similar acceptance mechanisms, or otherwise using any Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all documents incorporated herein by reference.

1.2 Incorporated Documents. These Terms incorporate by reference the following documents, each of which forms part of this agreement:

Privacy Policy
Cookie Policy
AI Disclosure
Acceptable Use Policy
Smart Apply Authorization Agreement (if applicable)
Recruiter Referral Consent (if applicable)
Access Pass Terms (if applicable)
Subscription and AI Credits Terms (if applicable)
Enterprise Terms (if applicable)
API Terms (if applicable)
Beta Features Terms (if applicable)
Any other supplemental terms presented at the time of account creation or feature activation

1.3 Amendment. We reserve the right to modify these Terms at any time. Material changes will be communicated via email, in-app notification, or prominent posting on the Platform at least thirty (30) days before the effective date, except where shorter notice is required by law or necessary for security or legal reasons. Your continued use of the Services after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Services.

1.4 Enterprise Agreements. If you are a Business Customer that has executed a separate Enterprise Agreement or order form with TheSHFTApp, the terms of that agreement govern to the extent of any conflict with these Terms.

2. Definitions

Capitalized terms used in these Terms have the meanings set forth in the Master Definitions document or as defined within context. Key terms include:

"Account" – a registered user account on the Platform
"Platform" – theshftapp.com and all associated products, applications, and services
"Services" – all products and features offered through the Platform
"User Content" – content submitted by users to the Platform
"AI System" – artificial intelligence and machine learning systems used in the Platform
"Smart Apply" – AI-assisted job application feature
"Recruiter Referral" – candidacy presentation to recruiters and employers

3. Eligibility and Account Registration

3.1 Age Requirement. The Services are intended for individuals who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you meet this age requirement. Individuals under the age of 18 are not permitted to create an Account or use the Services without verified parental or guardian consent as described in the Children and Minors Policy.

3.2 Legal Capacity. You represent that you have the legal capacity to enter into binding contracts under applicable law and that you are not barred from receiving services under the laws of any applicable jurisdiction, including U.S. export control and sanctions laws.

3.3 Business Users. If you are creating an Account on behalf of a business entity, you represent that you have authority to bind that entity to these Terms, and references to "you" include both you and the entity.

3.4 Account Accuracy. You agree to provide accurate, current, and complete information when creating or updating your Account and to promptly update that information to keep it accurate. Providing false, misleading, or incomplete information is grounds for suspension or termination.

3.5 Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You agree to notify us immediately at support@theshftapp.com upon becoming aware of any unauthorized access to or use of your Account.

3.6 One Account Per User. Unless expressly permitted, individuals may maintain only one Account. The Company reserves the right to merge, suspend, or terminate duplicate accounts.

4. Description of Services

4.1 Platform Overview. TheSHFTApp is an AI-powered workforce technology and career platform that provides tools and services for job seekers, workers, candidates, recruiters, employers, staffing partners, and enterprise customers. The Services include, without limitation:

Worker Discovery — AI-assisted career path and workforce matching assessments;
Career Intelligence Profile — AI-generated and personalized career profiles;
ATS Resume Scanner — analysis of resumes against job descriptions and ATS requirements;
Resume Builder — AI-assisted resume creation and optimization tools;
Cover Letter Generator — AI-assisted cover letter creation;
Interview Preparation — practice questions, answer guidance, and coaching tools;
Answer Vault — storage and management of saved application responses;
Career Roadmap — personalized career development planning;
Application Tracker — job application management and status tracking;
Smart Apply — AI-assisted job application automation;
AI Career Coach — conversational AI coaching and career guidance;
Recruiter Referrals — referral of user candidacy to recruiters and employers;
Employer Platform — tools for employers to source, evaluate, and engage candidates;
Recruiter Platform — tools for recruiters to identify, manage, and place candidates;
Enterprise Dashboard — organizational reporting, team management, and analytics;
APIs and Browser Extensions;
Marketplace features for workforce and shift-based work;
Mobile Applications;
Analytics and reporting tools; and
Future products and features as made available.

4.2 Service Evolution. We reserve the right to modify, enhance, discontinue, or replace any feature or Service at any time, with or without notice, provided that material changes to paid Services will be communicated with reasonable advance notice.

4.3 No Employment Relationship. TheSHFTApp is a technology platform and is not an employer, recruiter, staffing agency, employment agency, or placement firm. TheSHFTApp does not guarantee employment, placement, interview invitations, hiring decisions, salary outcomes, or any career result. All hiring decisions remain solely with the applicable employer.

4.4 Not Professional Advice. The Services, including AI-generated career advice, resume feedback, interview preparation, and career roadmaps, do not constitute legal, financial, immigration, tax, or professional career counseling advice. You should consult qualified professionals for advice specific to your circumstances.

5. License to Use the Platform

5.1 License Grant. Subject to your compliance with these Terms, TheSHFTApp grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Services for your personal or authorized business purposes.

5.2 Restrictions. You may not:

copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Platform;
sell, sublicense, rent, lease, or transfer access to the Services;
use the Services to build a competing product or service;
remove or alter any proprietary notices, branding, or labels;
use automated tools, bots, scripts, or scrapers to access, index, or extract data from the Platform except through authorized APIs;
interfere with or disrupt the Platform's infrastructure, security, or availability; or
use the Services in any manner that violates applicable law.

5.3 Reservation of Rights. All rights not expressly granted are reserved. These Terms do not convey any ownership interest in the Platform, Services, or any TheSHFTApp Intellectual Property Rights.

6. User Content and Data

6.1 Your Content. You retain ownership of User Content you submit to the Platform. By submitting User Content, you grant TheSHFTApp a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, process, store, modify, display, distribute, and create derivative works from your User Content solely to (a) provide and improve the Services, (b) operate and secure the Platform, (c) fulfill our obligations under these Terms, and (d) as further described in the Privacy Policy.

6.2 AI Training Limitation. We will not use your User Content to train generalized AI models that are made available to unrelated third parties without your consent, except as permitted by the Privacy Policy and applicable law.

6.3 Content Accuracy. You represent and warrant that your User Content (a) is accurate and not misleading, (b) does not infringe any third-party Intellectual Property Rights, (c) does not violate any applicable law, and (d) does not contain malicious code or harmful content.

6.4 Resume and Professional Data. You represent that any resume, credentials, certifications, employment history, or professional information you upload or enter is accurate. TheSHFTApp is not responsible for any consequences arising from inaccurate Professional Information submitted by Users.

6.5 Data Portability and Deletion. You may request access to, export of, or deletion of your User Data as described in the Privacy Policy and Data Retention and Deletion Policy.

7. AI Systems and Generated Content

7.1 AI-Powered Services. The Platform uses AI Systems to provide recommendations, generate content, analyze data, and perform other functions. You acknowledge that AI outputs may be incomplete, inaccurate, biased, or inconsistent.

7.2 Your Responsibility for AI Outputs. All AI Output produced for your use is provided for informational and assistive purposes only. You are solely responsible for reviewing, verifying, and approving any AI Output before use, including Generated Content submitted as part of a job application. TheSHFTApp does not guarantee the accuracy, quality, suitability, or completeness of any AI Output.

7.3 AI Hallucinations. AI Systems may produce outputs that are factually incorrect, fabricated, or inconsistent ("hallucinations"). You acknowledge this inherent limitation and agree not to rely on AI Output without independent verification for material decisions.

7.4 Third-Party AI Providers. The Platform may incorporate AI models and services from third-party providers. TheSHFTApp does not control and is not responsible for the outputs, policies, availability, or conduct of third-party AI providers.

7.5 AI Inputs. By submitting AI Inputs, you grant TheSHFTApp the right to process them as necessary to deliver the Services. You are responsible for ensuring your AI Inputs do not contain third-party confidential information, sensitive personal data of others, or content that violates applicable law.

7.6 Generated Content Ownership. AI Output generated specifically for your use based on your AI Inputs is provided to you subject to these Terms. TheSHFTApp retains the right to use De-identified Data from AI interactions to improve the Services as described in the Privacy Policy.

8. Smart Apply and Automated Actions

8.1 Authorization Required. Smart Apply and other automated action features require your express prior authorization through the Smart Apply Authorization Agreement before TheSHFTApp may assist with submitting job applications on your behalf.

8.2 Your Review Obligation. You agree to review all application materials generated by Smart Apply before submission. By authorizing a Smart Apply action, you confirm that you have reviewed and approved the materials and accept responsibility for the accuracy and completeness of the application.

8.3 Third-Party Platform Rules. You are solely responsible for ensuring that your use of Smart Apply complies with the terms of service, rules, and requirements of any job board, employer site, ATS, or other third-party platform to which applications are submitted. TheSHFTApp does not guarantee compatibility with or compliance with any third-party platform's terms.

8.4 No Guarantee of Submission Success. TheSHFTApp does not guarantee that any application submitted through Smart Apply will be delivered, received, processed, or reviewed by an employer or recruiter.

9. Recruiter Referrals

9.1 Consent Required. TheSHFTApp will only present or refer your candidacy to Recruiters, Employers, staffing partners, hiring platforms, or job boards when you have provided express consent through the Recruiter Referral Consent.

9.2 Compensation Disclosure. TheSHFTApp may receive referral fees, placement fees, commissions, or other compensation in connection with Recruiter Referrals. This potential compensation does not alter our obligations to you under these Terms or the Privacy Policy.

9.3 No Employment Guarantee. A Recruiter Referral does not guarantee employment, placement, interview, or any outcome. All decisions remain with the applicable employer or recruiter.

10. Acceptable Use

10.1 General Standards. You agree to use the Services only in compliance with these Terms, the Acceptable Use Policy, and all applicable laws and regulations.

10.2 Prohibited Conduct. You may not use the Services to:

impersonate any person or entity or misrepresent your affiliation with any person or entity;
misrepresent credentials, qualifications, work experience, or professional information;
submit fraudulent applications, fake profiles, or fabricated references;
scrape, harvest, or systematically extract data from the Platform;
reverse engineer, decompile, or attempt to extract source code or proprietary processes;
engage in unauthorized automation, bots, or scripting;
violate the terms of service of any employer, job board, ATS, or third-party platform;
use AI Systems for purposes unrelated to career, workforce, recruiting, or authorized platform purposes;
upload content containing malware, viruses, or malicious code;
engage in harassment, discrimination, or abusive conduct toward other users;
circumvent or attempt to circumvent any security measure or access control;
facilitate unauthorized third-party access to the Services; or
engage in any activity that could harm TheSHFTApp's reputation, operations, or Intellectual Property Rights.

11. Subscriptions, Payments, and Credits

11.1 Paid Services. Access to Premium Services requires payment of applicable fees as described on the Platform or in the Subscription and AI Credits Terms.

11.2 Billing. Subscription fees are billed in advance on a recurring basis (monthly or annual) unless otherwise specified. AI Credits are consumed as features are used and may be purchased separately.

11.3 Auto-Renewal. Subscriptions auto-renew at the end of each billing period unless cancelled before the renewal date. You authorize TheSHFTApp to charge your payment method on file for all renewal fees.

11.4 Refunds. All fees are non-refundable except as required by applicable law or as expressly stated in the Subscription and AI Credits Terms.

11.5 Price Changes. We may change prices upon notice. Continued use after the effective date of a price change constitutes acceptance.

11.6 Access Pass Limitations. Access Pass products provide access to designated features and do not include unlimited AI Credits. AI Credits may be subject to separate purchase, replenishment fees, or usage caps. See the Access Pass Terms for scope and limitations.

12. Third-Party Services and Links

12.1 Third-Party Integrations. The Platform may integrate with or provide access to Third-Party Services, including job boards, payment processors, authentication providers, and AI model providers. Your use of Third-Party Services is governed by those parties' terms and privacy policies.

12.2 No Endorsement. Links to or integrations with Third-Party Services do not constitute our endorsement of those services. We are not responsible for the content, practices, availability, or policies of Third-Party Services.

12.3 Payment Processors. Payment processing is handled by third-party payment processors. We do not store full payment card information on our systems.

13. Intellectual Property

13.1 Company IP. The Platform, Services, software, AI Systems, designs, trademarks, content, and all associated Intellectual Property Rights are owned by or licensed to TheSHFTApp. Nothing in these Terms transfers ownership of Company IP to you.

13.2 TheSHFTApp Marks. "TheSHFTApp," "SHFTR," and associated logos are trademarks of TheSHFTApp LLC. You may not use our trademarks without prior written permission.

13.3 Copyright. All original content on the Platform is copyrighted. Unauthorized reproduction or distribution is prohibited and may constitute infringement.

13.4 DMCA. We respond to valid copyright infringement notices under the Digital Millennium Copyright Act. See the DMCA Policy for procedures.

14. Feedback

If you submit Feedback about the Services, you grant TheSHFTApp a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, modify, and commercialize that Feedback without compensation or attribution to you.

15. Privacy

Your use of the Services is subject to our Privacy Policy, Cookie Policy, and Data Retention and Deletion Policy, which are incorporated herein. By using the Services, you consent to our data practices as described in those documents.

16. Confidentiality

If you receive access to Confidential Information belonging to TheSHFTApp or another user in connection with the Services (such as through an enterprise or employer account), you agree to maintain the confidentiality of such information and not to use it except as permitted by these Terms or the applicable agreement.

17. Disclaimers and Warranty Limitations

17.1 As-Is Basis. THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESHFTAPP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

17.2 No Career Guarantee. THESHFTAPP DOES NOT WARRANT THAT THE SERVICES WILL RESULT IN EMPLOYMENT, PLACEMENT, INTERVIEWS, JOB OFFERS, SALARY OUTCOMES, ATS PERFORMANCE, RECRUITER RESPONSES, OR ANY OTHER CAREER OUTCOME.

17.3 AI Output Disclaimer. THESHFTAPP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY AI OUTPUT. AI OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS.

17.4 Availability. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT ANY DEFECTS WILL BE CORRECTED.

18. Limitation of Liability

18.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESHFTAPP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, REPUTATIONAL HARM, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESHFTAPP'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO THESHFTAPP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

18.3 Essential Basis. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THESHFTAPP WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.

18.4 Exceptions. Nothing in these Terms limits liability that cannot be excluded by law, including liability for fraud, willful misconduct, or death or personal injury caused by negligence.

19. Indemnification

You agree to defend, indemnify, and hold harmless TheSHFTApp and its Affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights; (e) your use of Smart Apply or Recruiter Referrals in violation of third-party platform terms; or (f) any misrepresentation made by you.

20. Term, Suspension, and Termination

20.1 Term. These Terms are effective when you first access the Services and continue until terminated.

20.2 Termination by You. You may terminate your Account at any time by following the account deletion process in your Account settings or by contacting support@theshftapp.com.

20.3 Termination by Us. We may suspend or terminate your Account or access to any Services at any time, with or without cause or notice, including for violation of these Terms, suspected fraud, abuse, or illegal activity, or if required by law.

20.4 Effect of Termination. Upon termination, your license to use the Services ends. Sections 6, 7, 13, 14, 17, 18, 19, 21, 22, 23, and 24 survive termination.

20.5 Data After Termination. Following account deletion, we will process your data in accordance with the Privacy Policy and Data Retention and Deletion Policy.

21. Dispute Resolution and Arbitration

21.1 Informal Resolution. Before initiating formal dispute proceedings, you agree to contact us at legal@theshftapp.com and provide a written description of the dispute. We will attempt to resolve the dispute informally within thirty (30) days.

21.2 Binding Arbitration. If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as otherwise provided herein. Arbitration shall be conducted in Miami-Dade County, Florida, or remotely as permitted by AAA rules.

21.3 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THESHFTAPP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

21.4 Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for intellectual property infringement or misappropriation of trade secrets. Small claims court disputes within the applicable jurisdictional threshold are also exempt from arbitration.

21.5 Opt-Out. You may opt out of the arbitration agreement by sending written notice to legal@theshftapp.com within thirty (30) days of first accepting these Terms. Opting out does not affect your other rights under these Terms.

22. Governing Law and Venue

These Terms and all related matters are governed by the laws of the State of Florida, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.

23. General Provisions

23.1 Entire Agreement. These Terms, together with all incorporated documents, constitute the entire agreement between you and TheSHFTApp regarding the Services and supersede all prior agreements and understandings.

23.2 Severability. If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect.

23.3 Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of future enforcement.

23.4 Assignment. You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, asset sale, or corporate restructuring, without restriction.

23.5 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

23.6 Force Majeure. We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, government actions, cyberattacks, or infrastructure failures.

23.7 Export Compliance. You agree to comply with all applicable export control and sanctions laws. See the Export Controls and Sanctions Policy.

23.8 Electronic Communications. By using the Services, you consent to receive electronic communications from us as described in the Electronic Communications Policy.

23.9 Language. These Terms are written in English. Any translations are for convenience only; the English version controls.

24. Contact Information

TheSHFTApp LLC 13365 Arbor Pointe Circle, Apt 201 Tampa, FL 33617

Legal Department Email: legal@theshftapp.com Support: support@theshftapp.com Privacy: privacy@theshftapp.com

For DMCA notices, see the DMCA Policy. For security issues, see the Vulnerability Disclosure Policy.

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