Terms of Service

1. Platform Overview

ShiftCoast operates an online marketplace designed to connect businesses seeking temporary, shift-based, or project-based services (“Businesses”) with individuals interested in performing such services (“Workers”).

ShiftCoast provides technology that may facilitate job postings, applications, matching, communications, shift tracking, payments, payouts, ratings, and related marketplace functions.

ShiftCoast does not guarantee that any job posting will receive applications, that any Worker will be selected, that any Business will offer work, that any accepted shift will be completed, or that any particular level of earnings or business activity will result from use of the Platform.

Except where expressly stated otherwise, ShiftCoast does not direct, supervise, or control the manner or means by which Workers perform services for Businesses.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use ShiftCoast.

By creating an account or using the Platform, you represent and warrant that:

• You are at least 18 years old;
• The information you provide is accurate and truthful;
• You have authority to enter into these Terms;
• Your use of the Platform does not violate applicable law; and
• If you create an account on behalf of a Business or other entity, you have authority to bind that entity to these Terms.

3. User Accounts

Certain Platform features require an account.

You agree to provide accurate, current, and complete information and to keep your information updated.

You are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account.

You may not transfer, sell, share, or allow another person to use your account without authorization from ShiftCoast.

You must notify ShiftCoast promptly if you believe your account has been accessed or used without authorization.

ShiftCoast may restrict, suspend, or terminate accounts when reasonably necessary to protect the Platform or its users, investigate suspected violations, comply with law, or enforce these Terms.

4. Relationship Between ShiftCoast, Workers, and Businesses

ShiftCoast operates the Platform as a marketplace connecting Workers and Businesses.

ShiftCoast does not employ Workers. Nothing in these Terms creates an employment, agency, partnership, joint venture, franchise, or similar relationship between ShiftCoast and a Worker or Business.

Workers determine whether to apply for or accept opportunities available through the Platform, subject to commitments they voluntarily accept.

Except for Platform requirements intended to facilitate transactions, safety, security, payment, fraud prevention, or compliance, ShiftCoast does not control the manner or means by which Workers perform services for Businesses.

Each Business and Worker is responsible for determining the appropriate legal classification of their relationship and for complying with applicable employment, labor, tax, wage, contractor-classification, licensing, and other laws.

Nothing in these Terms is intended to determine a Worker's legal classification where applicable law requires a different classification based on the circumstances of the work performed.

5. Worker Responsibilities

Workers are responsible for:

• Providing truthful profile and qualification information;
• Applying only for opportunities they are reasonably capable of performing;
• Arriving as agreed for accepted shifts;
• Performing accepted services professionally and lawfully;
• Following lawful workplace and safety requirements;
• Maintaining licenses, certifications, permits, insurance, equipment, or qualifications required for their activities;
• Accurately recording work time where Platform timekeeping features are used;
• Providing accurate payment and tax information when required; and
• Complying with applicable laws and regulations.

Unless otherwise required by law or expressly stated by ShiftCoast, Workers are responsible for their own transportation, tools, equipment, expenses, insurance, and tax obligations associated with performing services.

6. Business Responsibilities

Businesses using ShiftCoast are responsible for:

• Providing accurate and lawful job descriptions;
• Clearly stating compensation, schedules, requirements, location, and material working conditions;
• Selecting Workers;
• Providing a reasonably safe and lawful work environment;
• Providing necessary workplace instructions;
• Complying with applicable labor, employment, wage, safety, tax, licensing, anti-discrimination, and business laws;
• Accurately confirming work performed;
• Funding and paying amounts owed through the Platform; and
• Maintaining any insurance required by applicable law or appropriate for their operations.

Businesses may not use ShiftCoast to post unlawful, deceptive, discriminatory, dangerous, or fraudulent opportunities.

7. Job Postings, Applications, and Shift Commitments

Businesses may publish temporary, shift-based, or project-based opportunities through the Platform.

Workers may review and apply for available opportunities at their discretion.

A Worker is not guaranteed a particular opportunity merely by submitting an application.

Once a Worker and Business have accepted or confirmed a shift through the Platform, each user is expected to honor the resulting commitment, subject to applicable cancellation policies.

The Platform may display information including compensation, estimated hours, location, requirements, scheduled start and end times, and other material terms associated with an opportunity.

Users are responsible for reviewing this information before accepting a shift.

8. Shift Tracking and Verification

ShiftCoast may provide tools for recording shift activity, including clock-in, clock-out, scheduled hours, completed hours, location-related verification, or Business confirmation.

Workers are responsible for accurately recording their time.

Businesses are responsible for reviewing and confirming or disputing submitted time within any applicable review period displayed by the Platform.

If a discrepancy exists regarding hours worked or services performed, ShiftCoast may review available information, including Platform records, communications, time records, location-related information where applicable, and information submitted by the users.

ShiftCoast may make reasonable adjustments to Platform transaction records based on the available evidence and applicable policies.

Use of ShiftCoast's timekeeping features does not make ShiftCoast the employer, supervisor, or manager of a Worker.

9. Payments and Platform Fees

ShiftCoast facilitates payments through third-party payment providers, including Stripe.

Businesses may be required to fund shifts or provide an authorized payment method before or in connection with obtaining services through the Platform.

ShiftCoast may charge Businesses and Workers platform, processing, transaction, payout, or other service fees.

Applicable fees will be displayed through the Platform or otherwise disclosed before the relevant transaction when required.

Fees may vary depending on the transaction, payment method, Platform service, or other applicable factors.

ShiftCoast may modify its fee structure from time to time. Changes will apply prospectively and will be communicated through the Platform or other reasonable means when appropriate.

Unless otherwise required by law, fees already incurred are non-refundable except as expressly provided by Platform policies.

10. Authorization to Charge

By funding a shift, submitting an authorized transaction, or otherwise using a paid feature, you authorize ShiftCoast and its payment providers to charge or process applicable amounts associated with the transaction.

These amounts may include, as applicable:

• Worker payment amounts;
• Platform fees;
• Payment processing fees;
• Applicable taxes;
• Cancellation or no-show charges;
• Refunds or adjustments;
• Chargebacks;
• Amounts resulting from payment corrections; and
• Other charges expressly disclosed through the Platform or permitted under these Terms.

You represent that you are authorized to use any payment method submitted through the Platform.

11. Payment Processing and Worker Payouts

Payments and payouts may be processed using Stripe or other third-party payment providers.

Funds associated with a shift may be processed or temporarily held pending completion, confirmation, payment processing, fraud review, dispute resolution, or other operational requirements.

Worker payouts may be processed according to the payout schedule displayed by the Platform.

Actual availability of funds may vary because of weekends, holidays, banking systems, identity verification, payment provider requirements, fraud reviews, disputes, technical issues, or other circumstances outside ShiftCoast's reasonable control.

ShiftCoast does not guarantee that funds will reach a user's bank account at an exact time.

Users may be required to provide identity, banking, business, or tax information to ShiftCoast or its payment providers before receiving payments or payouts.

12. Taxes and Reporting

Workers remain responsible for understanding and satisfying their individual tax obligations arising from income earned through opportunities obtained using ShiftCoast.

Businesses remain responsible for their own tax, reporting, withholding, employment, and other obligations imposed by applicable law.

ShiftCoast or its payment providers may collect tax-related information and may issue, provide, file, or facilitate tax forms, statements, or reports when required by applicable law.

Users agree to provide accurate tax information when requested.

Nothing provided through the Platform constitutes tax, accounting, or legal advice.

13. Cancellations, No-Shows, and Refunds

Users are expected to honor accepted shift commitments.

ShiftCoast may establish policies governing:

• Worker cancellations;
• Business cancellations;
• Worker no-shows;
• Business-related inability to provide scheduled work;
• Late arrivals;
• Early departures;
• Refunds or partial refunds;
• Cancellation compensation;
• Account penalties; and
• Other shift-related circumstances.

Applicable rules may be displayed through the Platform and may vary depending on timing, circumstances, transaction status, user history, or other relevant factors.

Any cancellation, refund, no-show, or similar policy displayed through the Platform and identified as applicable to a transaction is incorporated into these Terms by reference.

Repeated cancellations, no-shows, fraudulent claims, or abuse of Platform policies may result in warnings, restrictions, suspension, or termination.

14. Payment Disputes, Chargebacks, and Adjustments

Users agree to contact ShiftCoast regarding payment disputes before initiating a chargeback when reasonably possible.

If a transaction is reversed, disputed, refunded, charged back, processed incorrectly, or determined to involve fraud or error, ShiftCoast may take reasonable steps to correct the transaction.

To the extent permitted by applicable law, this may include:

• Reversing or adjusting Platform balances;
• Withholding pending payouts;
• Offsetting amounts against future payouts or transactions;
• Charging an authorized payment method;
• Requesting repayment;
• Restricting payment functionality; or
• Suspending or terminating an account.

Users remain responsible for amounts legitimately owed under these Terms.

15. No Outside Payments or Circumvention

Users may not use ShiftCoast to identify or connect with another user and then intentionally bypass the Platform for the purpose of avoiding applicable ShiftCoast fees or payment obligations associated with an opportunity initiated through the Platform.

Users may not solicit or accept off-Platform payment for a ShiftCoast opportunity in violation of Platform policies.

Attempts to circumvent Platform payment systems may result in warnings, restrictions, suspension, or termination.

This provision does not restrict conduct that applicable law expressly protects or prohibits ShiftCoast from restricting.

16. Professional Conduct and Prohibited Activities

Users must behave professionally, respectfully, and lawfully.

Users may not:

• Harass, threaten, intimidate, or discriminate against others;
• Commit or attempt fraud;
• Steal or intentionally damage property;
• Engage in unsafe or unlawful conduct;
• Submit materially false information;
• Manipulate time records, payments, reviews, or Platform systems;
• Impersonate another person or Business;
• Use another person's account without authorization;
• Circumvent Platform payments in violation of these Terms;
• Introduce malicious software or interfere with Platform operation;
• Scrape or systematically extract Platform data without authorization;
• Use ShiftCoast to facilitate illegal activities;
• Spam, abuse, or harass users;
• Post misleading or unlawful opportunities; or
• Violate applicable law or Platform policies.

ShiftCoast may investigate suspected violations and take appropriate action.

17. Verification and Background Checks

ShiftCoast may use identity verification, fraud prevention, background screening, credential verification, or similar services where appropriate.

Unless expressly stated for a particular feature or user, ShiftCoast does not guarantee that any user has undergone a background check, identity verification, reference check, license verification, insurance verification, or other screening.

Verification and screening processes have limitations and cannot guarantee a user's identity, qualifications, reliability, conduct, or future behavior.

Businesses and Workers remain responsible for exercising reasonable judgment when interacting through the Platform.

18. Workplace Safety

Businesses are responsible for providing work environments that comply with applicable safety laws and requirements.

Workers should exercise reasonable judgment, follow lawful site safety requirements, use appropriate protective equipment when required, and report unsafe or inappropriate conditions.

Users should not perform or request work that is illegal or presents an unreasonable risk of injury.

ShiftCoast may restrict or remove opportunities or users that reasonably appear to create safety risks or violate Platform policies.

19. Insurance and Workers' Compensation

Unless expressly stated otherwise in writing, ShiftCoast does not provide Workers with workers' compensation insurance, health insurance, unemployment insurance, disability insurance, or other employment benefits.

Workers and Businesses are responsible for determining what insurance coverage is required by law or appropriate for their activities and relationship.

If ShiftCoast makes optional insurance or protection programs available, separate terms may apply.

20. Ratings and Reviews

Users may be permitted to rate or review one another following completed opportunities.

Reviews must:

• Be based on genuine experiences;
• Be reasonably accurate;
• Not contain unlawful threats or harassment;
• Not intentionally contain false or misleading information; and
• Comply with applicable Platform policies.

ShiftCoast may moderate, restrict, or remove reviews reasonably believed to violate these Terms or Platform policies.

ShiftCoast does not guarantee the accuracy of reviews submitted by users.

21. User Content

Users may submit information, job descriptions, profile content, photographs, reviews, messages, and other materials through the Platform (“User Content”).

You retain ownership of your User Content.

By submitting User Content, you grant ShiftCoast a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, format, and otherwise use that content as reasonably necessary to operate, provide, secure, improve, and promote the Platform.

You represent that you have the rights necessary to submit your User Content and that doing so does not violate applicable law or third-party rights.

22. ShiftCoast Intellectual Property

The Platform, including its software, design, branding, logos, interfaces, graphics, databases, and other content provided by ShiftCoast, is owned by or licensed to ShiftCoast and is protected by applicable intellectual property laws.

Subject to these Terms, ShiftCoast grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes.

No ownership rights in ShiftCoast intellectual property are transferred to users.

23. Third-Party Services

The Platform may use or integrate services provided by third parties, including payment processing, hosting, authentication, communications, analytics, mapping, or other technology providers.

Use of certain third-party services may be subject to separate terms and privacy policies.

ShiftCoast is not responsible for third-party services outside its reasonable control.

24. Account Suspension and Termination

Users may stop using ShiftCoast at any time and may request account deletion subject to applicable retention requirements.

ShiftCoast may restrict, suspend, or terminate access to the Platform when reasonably necessary because of:

• Violation of these Terms;
• Fraud or suspected fraud;
• Payment disputes or unpaid balances;
• Repeated cancellations or no-shows;
• Safety concerns;
• Abuse or harassment;
• Legal or regulatory requirements;
• Circumvention of Platform fees;
• Misuse of Platform systems; or
• Conduct that materially threatens ShiftCoast, its users, or the Platform.

Where appropriate, ShiftCoast may provide notice or an opportunity to contact support regarding the restriction.

Termination does not eliminate payment obligations or other liabilities incurred before termination.

25. Privacy

ShiftCoast's collection, use, and disclosure of personal information is described in the ShiftCoast Privacy Policy.

By using the Platform, you acknowledge that your information will be handled as described in that policy.

26. Electronic Communications

By creating an account or using ShiftCoast, you consent to receive electronic communications necessary to operate your account and provide the Platform.

These may include account notices, shift information, transaction confirmations, security notices, policy updates, and other administrative communications.

Marketing communications, where used, may be subject to separate consent or opt-out requirements.

27. Disputes Between Users

Workers and Businesses agree to attempt to resolve disagreements in good faith.

ShiftCoast may provide tools or assistance for disputes involving payments, hours, cancellations, performance, or other Platform transactions.

ShiftCoast is not obligated to resolve every dispute and does not become a party to the underlying work relationship merely by assisting with a dispute.

Users agree to provide truthful and reasonably requested information during Platform dispute reviews.

28. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SHIFTCOAST DOES NOT WARRANT THAT:

• THE PLATFORM WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE;
• ANY PARTICULAR WORKER OR BUSINESS WILL MEET A USER'S EXPECTATIONS;
• ANY JOB OR SHIFT WILL BE AVAILABLE OR COMPLETED;
• ANY USER-SUBMITTED INFORMATION WILL BE ACCURATE;
• ANY PARTICULAR LEVEL OF EARNINGS OR BUSINESS ACTIVITY WILL RESULT FROM USE OF THE PLATFORM; OR
• ALL PLATFORM ERRORS OR INTERRUPTIONS WILL BE CORRECTED.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

29. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHIFTCOAST AND ITS AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED EARNINGS ARISING OUT OF OR RELATED TO THE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY LAW, SHIFTCOAST IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF BUSINESSES OR WORKERS, INCLUDING WORKPLACE DISPUTES, PERSONAL INJURY, PROPERTY DAMAGE, THEFT, MISCONDUCT, OR OTHER USER-TO-USER CLAIMS, EXCEPT TO THE EXTENT LIABILITY CANNOT LEGALLY BE EXCLUDED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHIFTCOAST'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT OF PLATFORM FEES PAID BY YOU TO SHIFTCOAST DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) $100.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

30. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ShiftCoast, Elitehire Solutions Group LLC, and their affiliates, officers, members, employees, contractors, and agents from claims, liabilities, damages, judgments, losses, and reasonable expenses arising out of or related to:

• Your violation of these Terms;
• Your unlawful conduct;
• Your User Content;
• Your violation of another person's rights;
• Your misuse of the Platform; or
• Services you request, provide, or perform through opportunities facilitated by the Platform.

This obligation applies only to the extent permitted by applicable law.

31. Compliance With Laws

Users must comply with applicable federal, state, and local laws, regulations, and ordinances.

Businesses and Workers are independently responsible for determining the laws applicable to their activities.

ShiftCoast's availability of a Platform feature does not constitute legal advice or a representation that a particular use is lawful in every jurisdiction.

32. Changes to the Platform or Terms

ShiftCoast may modify, suspend, discontinue, or update Platform features from time to time.

We may also update these Terms to reflect changes to the Platform, business practices, payment systems, or applicable law.

If we make material changes, we may provide notice through the Platform, email, or other reasonable means.

The “Last Updated” date indicates when these Terms were most recently revised.

Continued use of the Platform after revised Terms become effective constitutes acceptance of the revised Terms.

33. Governing Law and Venue

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles.

Unless applicable law requires otherwise, any legal proceeding arising out of or relating to these Terms or the Platform that is not otherwise resolved between the parties shall be brought in a court of competent jurisdiction in the State of Georgia.

Nothing in this section prevents either party from pursuing rights or remedies that cannot legally be waived or restricted.

34. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed if necessary.

The remaining provisions will remain in effect.

35. No Waiver

ShiftCoast's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

36. Assignment

Users may not assign or transfer their rights or obligations under these Terms without ShiftCoast's prior written consent.

ShiftCoast may assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, financing, sale of assets, or similar business transaction, subject to applicable law.

37. Entire Agreement

These Terms, together with the Privacy Policy and any additional policies expressly incorporated by reference, constitute the agreement between you and ShiftCoast regarding your use of the Platform and supersede prior agreements or understandings regarding the same subject matter.

If additional terms are presented for a particular Platform feature or transaction, those additional terms will also apply to that feature or transaction.

38. Survival

Provisions that by their nature should survive termination of these Terms will survive, including provisions relating to payments, outstanding balances, intellectual property, disputes, disclaimers, limitations of liability, indemnification, and governing law.

39. Contact Us

Questions regarding these Terms or the Platform may be submitted through the support channels available on the Platform or by contacting:

ShiftCoast
Elitehire Solutions Group LLC
Email: [email protected]