Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the SuperShift scheduling platform ("Service"), operated by Sidestream OÜ(registry code: 17374822), a company registered in the Republic of Estonia with its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 15551 ("we", "us", "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business or organization ("Customer"), you represent that you have the authority to bind that entity to these Terms.

2. Service description

SuperShift is a cloud-based employee scheduling platform designed for hospitality and service businesses. The Service allows Customers to create schedules, manage staff, track availability, and send schedule notifications.

3. Account registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must be at least 16 years old to create an account.
• One person or entity may not maintain more than one free account.
• You are responsible for all activities that occur under your account, including actions taken by staff members you invite to your organization.

4. Subscription plans & billing

5. Refunds & cancellation

Please see our Refund Policy for details on cancellations and refunds. In summary:

• You may cancel your subscription at any time from your account settings.
• Cancellation takes effect at the end of the current billing period.
• No refunds are provided for partial billing periods unless required by applicable law.
• Yearly subscriptions may be eligible for a prorated refund within the first 14 days.

6. Customer data & data processing

7. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Attempt to gain unauthorized access to the Service or its related systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Use automated means to access the Service without our written permission.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Resell, sublicense, or redistribute the Service without our written consent.
• Upload content that is defamatory, obscene, or infringes third-party rights.

8. Intellectual property

The Service, including its design, code, features, and documentation, is owned by Sidestream OÜ and protected by copyright and other intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or branding without prior written consent.

9. Availability & support

We aim to maintain high availability of the Service but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable notice. We provide support via email at support@supershift.app during business hours (CET).

10. Limitation of liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability, or non-infringement.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service.
• Our total aggregate liability for any claims arising from the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
• Nothing in these Terms excludes or limits our liability for fraud, gross negligence, or any liability that cannot be excluded under applicable law.

11. Indemnification

If you are using the Service as a business Customer, you agree to indemnify and hold harmless Sidestream OÜ from any claims, damages, or expenses arising from: (a) your violation of these Terms; (b) your violation of applicable law; or (c) any third-party claim related to the Customer Data you upload to the Service.

12. Termination

• You may delete your account at any time.
• We may suspend or terminate your account if you violate these Terms, after providing reasonable notice where practicable.
• Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days to allow data export, after which it will be deleted.
• Sections 6, 8, 10, 11, 13, and 14 survive termination.

13. Governing law & disputes

These Terms are governed by the laws of the Republic of Estonia. Any disputes arising from these Terms shall be resolved in the courts of Harju County, Tallinn, Estonia.

If you are a consumer within the EU, you retain any mandatory consumer protection rights granted by the law of your country of residence. You may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

14. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, either by email or through a notice in the Service. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact