End-User License Agreement (EULA)
Last Updated: April 2nd, 2025
This End-User License Agreement ("Agreement") is a legal contract between you (either an individual or a single entity, referred to as "User") and Shifted Software Inc. ("Shifted") governing your use of the Shifted Time software-as-a-service ("SaaS") product (the "Service").
By using, accessing, or otherwise engaging with the Service, you agree to be bound by this Agreement.
1. License Grant
Shifted grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service via the internet for personal or business purposes, subject to the terms of this Agreement. This license does not grant ownership rights; you only have a right to use the Service.
2. Service Availability and Uptime
Shifted will make commercially reasonable efforts to ensure that the Service is available 24/7. However, we do not guarantee uninterrupted availability, and scheduled maintenance or unforeseen technical issues may cause temporary service disruptions. Shifted is not liable for any downtime or service interruptions but will endeavor to notify you in advance of any scheduled maintenance.
3. Data Storage and Security
Shifted employs reasonable security measures to protect your data. However, you acknowledge that data transmission over the internet is inherently insecure, and that Shifted cannot guarantee absolute security. You are responsible for regularly backing up your data.
Shifted will not be held liable for any loss of data, unauthorized access, or damages caused by a breach of security unless it results from Shifted’s gross negligence.
4. Restrictions on Use
You agree not to:
Reverse-engineer, modify, or create derivative works based on the Service;
Rent, lease, distribute, or transfer your access rights to the Service to any third party;
Use the Service for illegal activities, to violate intellectual property rights, or to interfere with other users.
5. Privacy and Data Usage
The collection, use, and sharing of your personal data through the Service are governed by the Shifted Privacy Policy. By using the Service, you consent to the collection and use of your personal data as outlined in that policy.
6. No Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Shifted does not warrant that:
The Service will meet your specific requirements or expectations;
The Service will be uninterrupted, timely, secure, or error-free;
Any data provided through the Service will be accurate, reliable, or free from errors.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Shifted will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or use of the Service.
Shifted’s total cumulative liability for any direct damages shall be limited to the amount you paid for the Service in the 12 months preceding the event that gave rise to the claim.
8. Termination and Suspension
Shifted may suspend or terminate your access to the Service immediately if you fail to comply with the terms of this Agreement, misuse the Service, or engage in unlawful activity.
Upon termination, your access to the Service will cease, and any data stored within the Service may be permanently deleted.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada. Any disputes arising from or related to this Agreement shall be resolved exclusively in the courts therein.
10. Changes to This Agreement
Shifted reserves the right to modify this Agreement at any time. Your continued use of the Service following any changes will constitute your acceptance of the modified terms.
11. Entire Agreement
This Agreement, along with the Shifted Privacy Policy, constitutes the entire agreement between you and Shifted concerning the use of the Service and supersedes any prior agreements, whether written or oral.
12. Contact Information
For any questions regarding this Agreement, please contact us at:
Shifted Software Inc.
support@shiftedtime.com
