The terms for companies that use SHIFT

1. Who we are

SHIFT is made and run by Zakhar Galanin (“we”, “us”). These terms are between us and the company that uses SHIFT (“you”), accepted by the person who creates the company’s account or adds a payment method for it, who confirms they may act for the company.

Questions: support@shiftbygekon.com.

2. What SHIFT is

A time clock for construction crews: a phone app your workers clock in and out with, and an office on the web at app.shiftbygekon.com where you see who is on site, safety cards, reports and payroll hours.

SHIFT records and adds up; it does not decide. Pay, overtime, safety compliance, certified payroll and anything you file with an agency remain your responsibility, and you should check what SHIFT shows before you rely on it. Nothing in SHIFT is legal, tax or payroll advice.

3. Your part

• Keep the information you give us accurate, and keep your office sign-ins to the people who should have them.
• Tell your workers what the app records and why. The privacy policy says what it collects; where the law asks for a worker’s notice or consent to time and location records, getting it is yours to do.
• Do not use SHIFT to break the law, to track anybody outside working time, or to get at another company’s information.

4. Price, free month and billing

• Price. $20 a month for each active worker, $20 a month minimum (one active worker). A promotion code, when we give one, is applied as Stripe shows it at checkout. An active worker is one who clocked in at least once in the billing month. Owners, admins and foremen who never clock in are not counted.
• Free month. A new company gets 30 days free from the day it is created. No card or other payment method is needed during that time, and adding one early does not end it: nothing is charged for the free month.
• Billing. Monthly, in arrears: at the end of each billing month you are charged for the workers who were active in it. Payments are processed by Stripe, by card, Apple Pay or another method Stripe offers when you add one (such as Cash App Pay or Klarna); we never see or store your card or account numbers.
• Subcontractors. A general contractor may choose to pay for its subcontractors’ workers who clock in only on its shared sites. Those workers are then on the general contractor’s bill, not the subcontractor’s.
• Taxes. Prices are in US dollars and do not include sales tax. Where tax applies, it is added to the bill.
• Changes. We will tell you by email at least 30 days before a price change takes effect. You can cancel before then.

5. If a bill is not paid

Stripe tries the payment again over the following days. Until the bill is paid, the office pages close: the owner and admins can still open Billing to update the payment method. Your crew keeps clocking in the whole time, and every record is kept. The office opens again as soon as the bill is paid.

6. Cancelling and refunds

• Cancel any time from Billing in the office (“Card and invoices”). The cancellation takes effect at the end of the current billing month, and that month is billed for the workers who were active in it. Nothing is charged after that.
• Because we bill after the month for what was used, we do not refund charges for past months. If we charged you by mistake, or more than these terms allow, write to us within 60 days of the charge and we will refund the difference.
• Nothing here limits a refund or right that the law gives you and that cannot be waived.

7. Your data

The records of your company — your people, sites, clock-ins, photographs and reports — belong to you. We hold them to run SHIFT for you, never sell them and never use them to advertise anything. The office can export them; on request we will send them to you.

After you cancel, your records are kept, so you can come back or ask for a copy. If you ask us to delete them, we will, except what the law requires to be kept. The privacy policy says what we collect from workers and how it is protected.

8. Availability

We work to keep SHIFT running every day and to fix what breaks quickly, and the app keeps a clock-in on the phone until it can be sent. But SHIFT is provided “as is”: we do not promise it will never be interrupted or never contain a mistake. We may change or improve features; if we remove something you rely on, we will tell you first.

9. Limits of our liability

To the extent the law allows, we are not liable for indirect or consequential losses, lost profits or lost data, and our total liability for any claim about SHIFT is limited to what you paid us in the 12 months before the claim.

10. Ending these terms

You may stop using SHIFT at any time. We may suspend or close an account that breaks these terms or the law, after telling you why where we can.

11. The law that applies

These terms are governed by the laws of the State of New York. If we change them, we will post the new version here with a new date and email the owners of paying companies at least 30 days before a change that matters takes effect.