These Terms of Service ("Terms") constitute a legally binding agreement between you (and the business entity you represent, collectively "Client" or "you") and Shift Leader Technologies, Inc., a Delaware corporation ("Shift Leader," "we," or "us"). These Terms govern your access to and use of our website at www.shiftleader.net (the "Site") and our cloud-based regulated operations management platform and all associated services (collectively, the "Platform").
By accepting these Terms, the individual accepting represents that they have the legal authority to bind the Client entity to this agreement. If you are accepting on behalf of a company, you represent that you are authorized to do so.
Shift Leader provides a multitenant, cloud-based SaaS platform designed for licensed, regulated agricultural and operational businesses. The Platform includes modules for inventory management, order management, cultivation tracking, labor management, compliance workflows, label management, lab report management, and manifest creation. The Platform integrates directly with applicable state-mandated regulatory tracking systems for compliance purposes.
Features included in each tier are subject to change with reasonable advance notice to Clients. Shift Leader will not materially reduce functionality within a paid tier during an active subscription term without providing a pro-rated credit or termination right.
Subject to Client's compliance with these Terms and payment of applicable fees, Shift Leader grants Client a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the subscription term solely for Client's internal business operations in connection with Client's licensed and regulated operational activities.
Client is responsible for managing Authorized User accounts and ensuring that all Authorized Users comply with these Terms. Client shall promptly notify Shift Leader of any unauthorized access or suspected breach of account credentials.
Client is solely responsible for ensuring its use of the Platform complies with all applicable federal, state, and local laws and regulations, including all licensing requirements, regulatory tracking and reporting obligations, and applicable state regulatory agency rules. Shift Leader does not provide legal, regulatory, or compliance advice. The Platform is a tool to assist with compliance workflows; it does not guarantee regulatory compliance.
Client represents and warrants that it holds all required licenses and permits to operate a regulated business in the applicable jurisdiction(s) and that such licenses remain in good standing throughout the subscription term. Client shall notify Shift Leader promptly if any license is suspended, revoked, or not renewed.
Client agrees not to:
Client agrees to pay all fees specified in the applicable subscription plan or Order Form. All fees are stated in U.S. dollars and are exclusive of applicable taxes.
Payments are processed through Stripe, Inc., our third-party payment processor. By providing payment information, you authorize Shift Leader to charge your payment method for all applicable fees. You agree to Stripe's terms of service in addition to these Terms.
Subscriptions are billed on a monthly basis, in advance, on the date of initial subscription activation or as specified in an Order Form. Fees are non-refundable except as expressly stated in these Terms.
Client is responsible for all applicable sales, use, or similar taxes on services purchased. Shift Leader will collect and remit taxes where required by law.
If any undisputed payment is past due by more than ten (10) days, Shift Leader may suspend access to the Platform upon written notice. Access will be restored upon payment of all past-due amounts. Disputes regarding invoiced amounts must be raised within 30 days of the invoice date.
Shift Leader reserves the right to modify subscription pricing upon at least 60 days' advance written notice. Price changes will take effect at the start of the next billing cycle following the notice period. If Client does not accept the new pricing, Client may terminate the subscription before the new pricing takes effect with no early termination fee.
Client retains all ownership rights in and to Client Data. Shift Leader acquires no ownership rights in Client Data by virtue of these Terms.
Client grants Shift Leader a limited, non-exclusive license to access, process, and store Client Data solely as necessary to provide the Platform services and as described in our Privacy Policy. Shift Leader will not use Client Data for any purpose other than performing its obligations under these Terms.
Shift Leader implements commercially reasonable administrative, technical, and physical safeguards to protect Client Data against unauthorized access, disclosure, or loss, as further described in our Privacy Policy. In the event of a data breach affecting Client Data, Shift Leader will notify Client as required by applicable law.
Client may export Client Data at any time using available Platform export features. Upon termination of the subscription, Shift Leader will retain Client Data for 30 days, during which time Client may request an export. After 30 days, Shift Leader may delete Client Data unless retention is required by law. Client is responsible for maintaining its own records as required by applicable state regulations.
Client acknowledges that Client Data may be subject to inspection, audit, or mandatory disclosure requirements under applicable state law. Shift Leader will cooperate with valid legal requests from authorized regulatory agencies and will notify Client of such requests where legally permitted.
Shift Leader and its licensors retain all right, title, and interest in and to the Platform, including all software, code, algorithms, interfaces, Documentation, trademarks, and other intellectual property. These Terms do not grant Client any rights to Shift Leader's intellectual property except the limited access rights expressly stated herein.
If Client provides suggestions, ideas, or feedback regarding the Platform, Shift Leader may use such feedback for any purpose without compensation or attribution to Client.
Each party agrees to keep confidential the other party's non-public information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This obligation does not apply to information that: (a) becomes publicly available through no fault of the receiving party; (b) was rightfully known before disclosure; (c) is independently developed; or (d) must be disclosed by law or court order.
Shift Leader's confidential information includes its pricing, product roadmaps, and technical architecture. Client's confidential information includes Client Data and business operations.
Client shall indemnify, defend, and hold harmless Shift Leader and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, penalties, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Client's use of the Platform in violation of these Terms; (b) Client's violation of any applicable law or regulation; (c) Client Data, including any claim that Client Data infringes a third party's rights; or (d) Client's violation of any third party's rights.
These Terms commence on the date Client first accesses the Platform and continue until the Client's subscription is terminated.
Client may terminate its subscription at any time by providing written notice to Shift Leader at service@shiftleader.net. Termination will be effective at the end of the then-current billing period. No refunds will be issued for prepaid fees unless required by law.
Shift Leader may terminate or suspend Client's access to the Platform: (a) immediately upon written notice if Client materially breaches these Terms and fails to cure such breach within 10 days of written notice; (b) immediately if Client's required operational license is suspended, revoked, or expires; (c) upon 30 days' written notice for any other reason; or (d) immediately if required by law or regulatory requirement.
Upon termination, Client's access to the Platform will cease. Sections 6, 7, 8, 9, 10, 11, 14, and 15 shall survive termination of these Terms.
Shift Leader reserves the right to modify these Terms at any time. We will provide at least 14 days' advance notice of material changes via email or prominent notice within the Platform. Your continued use of the Platform after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you may terminate your subscription before the changes take effect.
Shift Leader may also modify, update, or discontinue features of the Platform from time to time. We will endeavor to provide reasonable advance notice of significant changes to Platform functionality.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute informally by contacting Shift Leader at service@shiftleader.net with a written description of the dispute. The parties will attempt to resolve the dispute within 30 days.
Any dispute not resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will be conducted in Delaware or, by mutual agreement, via videoconference. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
Client acknowledges that certain regulated products and activities governed by applicable state law may be subject to separate federal laws and regulations. These Terms are governed solely by applicable state law in the jurisdiction(s) where Client holds a valid operational license. Nothing in these Terms shall be construed to require or facilitate any activity that violates applicable federal law.
These Terms, together with any applicable Order Form and our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior agreements, representations, and understandings.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce such provision in the future.
Client may not assign or transfer these Terms or any rights hereunder without Shift Leader's prior written consent. Shift Leader may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, labor disputes, infrastructure outages, or industry-specific regulatory actions.
Notices under these Terms shall be sent by email to service@shiftleader.net (for Shift Leader) or to the email address associated with Client's account. Notices are effective upon confirmed delivery.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship.
Questions about these Terms may be directed to:
By using our Platform or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.