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Last Modified: January 1, 2024
These Terms of Use constitute a legally binding agreement (the “Terms” or “Agreement”) between you (“You”) and AnyShift Technologies, Inc. dba AnyShift, a Texas corporation, its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively “AnyShift”) governing Your use of the AnyShift application (the “Application”), websites (including www.AnyShift.com), software, and technology platform (collectively, the “Services”). You and AnyShift may each be referenced in these Terms as a “Party” or together as the “Parties.”
SECTION 13 OF THESE TERMS, THE MUTUAL ARBITRATION AND DISPUTE RESOLUTION PROVISION (“MUTUAL ARBITRATION PROVISION”) REQUIRES, WITH LIMITED EXCEPTION, THAT ALL DISPUTES BETWEEN YOU AND ANYSHIFT AND ANY RELIEF SOUGHT (INCLUDING, WITHOUT LIMITATION, MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) BE SUBMITTED ON AN INDIVIDUAL BASIS TO BINDING AND FINAL ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION, OR IN ANY PROCEEDING BEFORE A JURY OR IN A COURT OF LAW.
By using any part of the Services, You agree that You are at least eighteen (18) years old and have legal authority to accept these Terms. If You do not want to be bound by these Terms or if You do not agree to these Terms, then You cannot use or access our Services.
In these Terms, “we,” “us,” “our'' and “AnyShift '' all refer to AnyShift. These words also include any independent contractors or vendors who sometimes do work for us or on our behalf. All references to “You” or “Your,” as applicable, mean the person who accesses, uses, and/or participates in the Services, in any manner, and each of Your heirs, assigns, and successors. If You use the Services on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that entity to these Terms. “You” or “Your” also refer to either a “Shifter” (a service provider who uses the Services in order to receive access to Partner Service Requests) or a “Partner” (a company or business using our Services to to request service providers to fill one-time and/or recurring local work opportunities) or both, depending on context. Notwithstanding the foregoing, these Terms govern Your use of and access to the Services, whether You are a Shifter, Partner, Reference (as defined below), and/or otherwise. Further, in order to use many aspects of the Services, You must register for and maintain an active Services account (“Account”), and these Terms also govern Your Account and Your use of and access to Your Account.
We may amend these Terms from time to time. Any amendments will be effective upon AnyShift’s posting of such updated Terms on our websites or through our Services (including our mobile applications). Your continued access or use of the Services after such posting confirms Your consent to be bound by the Terms, as amended.
We’ve divided these Terms into sections so that You can more easily see which terms apply to everyone who uses our Services and which terms apply specifically to Shifters or Partners.
AnyShift ("Company") hereby establishes and promulgates the following Terms of Use ("Terms") regarding its proprietary online software and mobile application platform ("Platform"). The Platform is designed and maintained by the Company to facilitate
connections between businesses, herein referred to as "Partners," and individuals seeking hourly work opportunities, herein referred to as "Shifters."
Scope of Services: The Company's services ("Services") encompass the provision of a digital interface through which Shifters and potential users can submit and exchange pertinent information including contact details, work experience, and references ("User Information") with Partners. These Services are structured to present User Information in a format readily comprehensible and usable by Partners for the purpose of identifying suitable candidates for one-time or recurring work opportunities.
Work Engagement and Matching Process: The Services facilitate the discovery of temporary work assignments for Shifters, acting either as independent contractors or, in certain specified circumstances, as employees. This encompasses the administration of a matching process between Shifters and Partners based on the submission of Partner Requests ("Partner Requests") and the criteria established by Partners for the selection of Shifters. A Partner Request transitions to a Partner Engagement ("Partner Engagement") upon acceptance by a Shifter, signifying the Shifter's commitment to render services for the Partner.
Payment Processing for Contractors: In instances where Shifters are engaged as contractors, the Company also oversees the process of payment remittance for services rendered under the aegis of the Services.
Reference and Feedback Mechanisms: The Services include features allowing Shifters to nominate individuals as references ("References"), manage feedback provided by these References, and address any discrepancies therein. Additionally, following the completion of a Partner Engagement, Partners are afforded the opportunity to leave feedback visible to both the involved Shifter and other Partners utilizing the Services. Disputed feedback may be subject to review and potential removal at the discretion of the Company.
Information Optimization: The Services are designed to optimize the utility and relevance of information provided by Shifters, their References, Partners, and users, thereby enhancing the efficiency of the job matching process for all parties involved.
These Terms are binding upon all users of the Platform and Services. The Company reserves the right to modify or amend these Terms at its sole discretion and as necessitated by the evolving nature of its Services. Continued use of the Services constitutes acceptance of these Terms and any amendments thereto.
Shifters and Partners, while utilizing the AnyShift platform and services ("Services"), are to be recognized as independent contractors and not as employees of AnyShift, except in instances where a distinct agreement to the contrary is expressly articulated in writing by both parties involved. The relationship established through these Terms or through the use of the Services does not imply or establish a joint venture, partnership, employment relationship, or any form of agency agreement between AnyShift and the user, whether a Shifter or a Partner.
In order to access certain functionalities of the Services, it is mandatory for users to create and register an account ("Account"). During the registration process, users are obligated to provide accurate and comprehensive personal information, which may include but is not limited to their name, work history, email address, phone number, profile image, and other relevant contact details. Users bear the responsibility to ensure that the information provided is not only accurate at the time of submission but is also regularly updated to reflect current details.
Upon registering for an Account, users will be prompted to create a password. The security and confidentiality of this password, along with any associated third-party login credentials (such as those for Facebook or Google), rest solely with the user. The user is accountable for all activities conducted under their Account and is expected to safeguard its integrity. In the event of a perceived security breach or unauthorized access to their Account, users are required to promptly notify AnyShift through the designated “Help” center.
AnyShift disclaims liability for any losses, damages, liabilities, expenses, and legal fees that may arise due to unauthorized usage of a user's Account, especially if such usage results from the user's negligence. This disclaimer stands irrespective of whether AnyShift has been notified of the unauthorized use. Additionally, users acknowledge and consent to AnyShift's right to request additional information as deemed necessary to verify the user's identity and maintain the security of their Account.
You, as a user of the AnyShift services ("Services"), acknowledge that AnyShift does not have the capability to control the actions or behavior of other users of the Services, including both Shifters and Partners. While AnyShift endeavors to ensure compliance with these Terms by all users, it is not responsible or liable for any failure to adhere to these Terms by any user.
Furthermore, you recognize that when a Partner engages a Shifter to perform work, or conversely, when a Shifter performs work for a Partner, this interaction establishes a direct business relationship exclusively between the Partner and the Shifter. In these transactions, AnyShift's role is confined to facilitating the payment process from the Partner to the Shifter following the completion of services. It is important to understand that AnyShift is neither a beneficiary of the work performed nor assumes any responsibility regarding the nature or the sum of the payment for said work.
The agreements and negotiations concerning work engagements, including the determination of fees, are solely the purview of the Partners and Shifters involved in each individual transaction. Both Partners and Shifters maintain the prerogative to negotiate and agree upon the fees at the time the services are provided. In instances where fee adjustments are warranted, AnyShift will collaborate with the Shifter to make the necessary modifications to the fees as per the negotiated terms between the Partner and the Shifter.
The utilization of the AnyShift services ("Services") is subject to certain prohibitions. While the following list is not exhaustive, it provides an overview of activities that are expressly forbidden:
User Content Restrictions: Users must not provide content that violates any laws, infringes upon the rights of others, including intellectual property rights, or is defamatory, thereby potentially creating liability for AnyShift.
Prohibition Against Competitive Use: Copying the Services or using them to enable any service competitive with AnyShift is strictly prohibited.
Third-Party Website Links: Posting links to third-party websites through the Services is not allowed.
Data Mining Restrictions: Scraping, scanning, or using the Services to collect or compile data about other users, including Shifters or Partners, is forbidden.
Resale of Information: Reselling any information obtained from AnyShift or through the use of the Services is prohibited.
Integrity and Security Compromise: Any attempts to compromise the integrity or security of the Services are prohibited.
Prohibition on Unauthorized Modification: Decompiling, reverse engineering, or disassembling the Services in any manner is not allowed.
Restrictions on Exploitation of Services: Reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise exploiting the Services, except as expressly permitted by AnyShift, is prohibited.
Automated Access: Accessing the Services using automated processes, such as robots or spiders, for any purpose is forbidden.
Prohibition on Harmful Conduct: Engaging in conduct that harasses, defames, discriminates, or violates AnyShift’s Community Guidelines is not permitted.
Furthermore, users must not use the Services in any manner that would contravene any laws, infringe upon the rights of others, or create liability for AnyShift.
Specific Usage Terms for Shifters: Shifters are granted limited use of the Services solely for the purpose of seeking to fill Open Partner Requests as listed through the Services by connected Partners, if maintained in good standing. All other uses are prohibited. The Contractor Services Agreement by AnyShift governs the use of Services for Shifters and supersedes these Terms in case of any conflict.
Specific Usage Terms for Partners: Partners are granted limited use of the Services solely for the purpose of attempting to fill open work opportunities with workers connected through the Services. All other uses are prohibited. The use of Services for Partners is governed by AnyShift’s Online Services Agreement, which prevails over these Terms in the event of any conflict.
The Services may permit You to submit, upload, publish or otherwise make available on the Services textual, audio, and/or visual content and information, including Shifter or Partner profiles, communications, commentary and feedback related to the Services and other third-party users, initiation of Services-related or support requests, and submission of entries for promotions ("User Content") (that may or may not be viewable by other users) through the Services or through other communications with You, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (collectively, “Interactive Areas”). AnyShift’s Services include a communications platform that acts as a passive conduit for the exchange of User Content between third-party users.
You acknowledge and agree that your receipt of, response to, use of, or reliance on any User Content through AnyShift’s Services and/or Interactive Areas is at your own risk. AnyShift does not contribute to, endorse, support, verify, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content. All User Content is the sole responsibility of the person who originated and/or posted such User Content.
We are not liable for any delays, errors, omissions, loss or damage incurred as a result of Your use of our Services, including but not limited to Your submission of Your User Content
or Your receipt of, response to, use of, or reliance on any other User Content. Under no circumstances will AnyShift be liable for denial of access to any content in our Services. AnyShift is not responsible for incomplete, lost, late, undelivered or misdirected messages between users of our Services (including between Shifters, Partners and References).
As a user of AnyShift services ("Services"), you bear full responsibility for any user-generated content ("User Content") that you provide. This includes ensuring compliance with all applicable laws, rules, and regulations. The User Content you choose to include, particularly on your profile, such as but not limited to your background, education, work experience, skills, photographs, and location, is instrumental in enhancing the efficacy of the Services, especially in terms of facilitating appropriate matches with opportunities. The decision to include sensitive information or specific types of User Content on your profile is entirely at your discretion. For comprehensive details regarding the capture and usage of your information, refer to our Privacy Policy.
You are obligated to use your real name and provide truthful and honest information at all times. It is important to note that AnyShift does not verify the accuracy or completeness of the information submitted through the Services. Consequently, we cannot guarantee the identity of other users you may interact with via the Services. In the event you encounter any information about yourself that is inaccurate, it is imperative to report it to AnyShift. Partners should report inaccuracies by emailing any@AnyShift.com, while Shifters are advised to utilize the in-app chat support for this purpose.
By using the AnyShift services ("Services"), you acknowledge that any user-generated content ("User Content") you provide remains your property. However, you also recognize that AnyShift does not offer compensation for any User Content that you post on or through the Services. By posting User Content on the Services, you agree that such content will be considered non-confidential and non-proprietary. Consequently, AnyShift is under no obligation regarding such information.
In providing User Content to AnyShift, you grant AnyShift a worldwide, perpetual, irrevocable, transferable, royalty-free, non-exclusive license, including the right to sublicense. This license authorizes AnyShift to use, copy, reproduce, edit, adapt, translate, modify, create derivative works from, distribute, publicly display, publicly perform, sell, lease, transmit, communicate to the public, disassemble, publish, and otherwise exploit your User Content in any manner. This includes its use in connection with AnyShift’s business and that of its partners or affiliates, in whole or in part, across all formats and distribution channels currently known or developed in the future. This encompasses its use in relation to the Services, AnyShift’s business, and on third-party sites and services, for any purpose whatsoever. Such purposes include, but are not limited to, promoting or redistributing part or all of the Services (and derivative works thereof) in any media formats through any media channels, without further notice to, or consent from you, unless expressly agreed otherwise in writing. This agreement does not necessitate any form of payment to you or any other person or entity.
Additionally, AnyShift is permitted to use any ideas, concepts, know-how, or techniques contained within your User Content for any purpose in connection with our business or that of our partners or affiliates. This usage does not require notification to, approval by, or compensation to you and may include the development, manufacturing, and marketing of products incorporating such information.
For clarity, it's important to note that the license granted to AnyShift in relation to your User Content will continue to apply even after the termination of the Services or your account.
You acknowledge and agree that AnyShift and/or its designees may or may not (but do not assume any obligation to) review User Content on the Services. You further acknowledge and agree that AnyShift reserves the right (but does not assume any obligation) in its sole discretion to reject, move, or remove any User Content on the Services for any reason, including but not limited to its determination, in its sole discretion, that the User Content violates these Terms, our Privacy Policy, Community Guidelines, or is otherwise objectionable. You acknowledge and agree that AnyShift does not verify, adopt, ratify, or sanction User Content, and You agree that You must evaluate and bear all risks associated with Your use of User Content or Your reliance on the accuracy, completeness, or usefulness of User Content.
Although the Services are accessible over the Internet and therefore available worldwide, the Services are intended for residents of and business in the United States. If You choose to access the Services from locations outside the United States, such conduct is at Your own risk and subject to the laws of the United States, which may differ from the laws and regulations in Your state or home country, and You are responsible for compliance with any local laws and regulations. Nothing in the Services should be interpreted as a promotion or solicitation for any service of any nature that is not authorized by the laws and regulations of the country where You are located.
During use of the Service, You may provide work for a Partner or engage a Shifter through the Service. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between You and the applicable third-party. AnyShift and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between You and any third-party provider. In no event shall AnyShift or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require Your agreement to additional or different terms and conditions prior to Your engagement, and AnyShift disclaims any and all responsibility or liability arising from such agreements between You and a third party.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY AnyShift TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. AnyShift MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. AnyShift DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S)
THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AnyShift’S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AnyShift IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
AnyShift RELIES UPON ShifterS AND PARTNERS TO PROVIDE ACCURATE INFORMATION. AnyShift DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
AnyShift DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A WORKER OR BUSINESS OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND AnyShift WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN WORKERS, BUSINESSES, AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL ANYSHIFT’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE ACTUAL AMOUNT OF MONEY RECEIVED BY US FROM YOU DURING THE SIX (6) MONTHS PRECEDING THE DATE OF YOUR CLAIM AGAINST US. IN NO EVENT SHALL AnyShift OR ANY OF OUR PARTNERS, AGENTS, AFFILIATES, OFFICES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE RESULTS OF YOUR USE OF THE SERVICES, EVEN IF WE AND/OR OUR LICENSORS WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY. THE SERVICE CONNECTS SHIFTERS WITH PARTNERS FOR THE PURPOSES OF FACILITATING PARTNER ENGAGEMENTS. ANYSHIFT WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SHIFTER OR PARTNER, AND YOU EXPRESSLY WAIVE AND RELEASE ANYSHIFT FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SHIFTERS OR PARTNERS. ANYSHIFT WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS OR WORK PRODUCT PROVIDED BY SHIFTERS OR PARTNERS ON THE SERVICE, AND YOU EXPRESSLY WAIVE AND RELEASE ANYSHIFT FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO SHIFTERS OR PARTNERS. ANYSHIFT WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN SHIFTERS AND ANY PARTNER. RESPONSIBILITY FOR THE DECISIONS SHIFTERS AND PARTNERS MAKE REGARDING SERVICES OFFERED AND ENGAGED VIA THE SERVICES (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH THE Shifter AND PARTNER. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE ANYSHIFT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES
INTRODUCED TO YOU BY THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE QUALITY OF THE SHIFTER OR PARTNER PROVIDING SERVICES THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE SHIFTER OR PARTNER WHO ULTIMATELY PROVIDES OR ENGAGES THE SERVICES. YOU UNDERSTAND THAT BY USING THE SERVICE, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
You are responsible for Your use of the Service, and You agree to defend (at AnyShift’s option), indemnify, and hold harmless AnyShift and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
Any dispute or issue between You and any third party, including any worker, business, or other third-party.
AnyShift reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations) and You agree to cooperate with our defense of that claim. If the defense or settlement is assumed by You, AnyShift may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that You are defending on behalf of AnyShift without AnyShift’s prior written consent.
This provision does not require You to indemnify AnyShift for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services.
You agree that the provisions in this section will survive any termination of Your account, this Agreement, or Your access to the Services.
CONSENT TO RECEIVE COMMUNICATIONS: By using the Service, You agree and consent to be contacted by, and to receive and accept communications from AnyShift and authorized partners, representatives, and/or affiliates via different communication methods, including but not limited to email(s), SMS/text message(s), push notification(s), and/or phone call(s) to contact information, including telephone number(s), You provide to AnyShift. By
consenting to being contacted, You understand and agree that You may receive communications—including artificial or pre-recorded messages and/or automated systems, such as automatic telephone dialing systems—sent by or on behalf of AnyShift on various subjects, including but not limited to: (1) operational or transactional communications, such as those concerning Your Account, sign up progress to become a Shifter or a Partner, use of the Platform and/or the Application; (2) communications relating to the Services, including incentive offers; (3) promotions, advertising, and/or marketing; (4) news concerning AnyShift and industry developments that affect Your relationship with AnyShift; and (5) Account verification communications. Message and data rates may apply. By consenting to be contacted, You represent that the telephone number(s) that You have provided to AnyShift are Your contact numbers, that You are permitted to receive calls at such telephone number(s), and that You will promptly alert AnyShift whenever You stop using or change a particular telephone number.
MARKETING COMMUNICATIONS & OPT-OUT: By using the Service, You agree and consent that AnyShift, its partners, affiliates, or representatives may contact You (including for marketing and promotional purposes from AnyShift or our third-party partners where permitted by law) by email, phone, push notifications, SMS/text message(s), or by other comparable means (including artificial or pre-recorded messages and/or automated systems, such as automatic telephone dialing systems) at the email address(es), phone(s), or phone number(s) You provide to AnyShift. YOU CAN UNSUBSCRIBE FROM AnyShift’S MARKETING EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF OR EMAIL ANY@ANYSHIFT.COM. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING EMAILS, AnyShift MAY STILL SEND YOU EMAILS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN THE PARTIES. FURTHER, IF YOU WISH TO OPT OUT OF MARKETING TEXT OR SMS MESSAGES, IN RESPONSE TO SUCH A MESSAGE YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGE. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE MARKETING TEXTS OR CALLS AS A CONDITION OF USING AnyShift.
The Services also permit Shifters to identify References and provide telephone numbers and other contact information for References. You agree that, if You provide us with such information, You have (i) obtained the Reference’s permission to share his, her, or its contact information with us and any Partner from which You are seeking a work opportunity; and (ii) the Reference’s consent for us, our partners and affiliates, and any Partner from which You are seeking a work opportunity to communicate with the Reference by any means, including phone call or text message, about a reference for You at the phone number or other contact source You provide for the Reference.
AnyShift retains all rights and ownership in and to the Services (including all intellectual property rights therein), except as otherwise expressly provided herein. These rights include, without limitation, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. We always appreciate suggestions for enhancements and new features and functionality in our Services (“Feedback”), but if You communicate those Feedback to us in any way, You hereby give ownership of and assign those Ideas to us completely and we can do what we like with them without owing You anything.
AnyShift and other AnyShift logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks, or trade dress of AnyShift in the United States and/or other countries (collectively, the “AnyShift Marks”). If You use the Service as a Partner or Shifter, AnyShift grants to You, during the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the AnyShift Marks solely with Your use of the Service (“License”). The License is non-transferable and non-assignable, and You shall not
grant any third party any right, permission, license, or sublicense with respect to any of the rights granted hereunder without AnyShift’s prior written permission, which it may withhold at its sole discretion. The AnyShift Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that AnyShift is the owner and licensor of the AnyShift Marks, including all goodwill associated therewith, and Your use of the AnyShift Marks, if any, will confer no additional interest in or ownership of the AnyShift Marks in You, but rather inures to the benefit of AnyShift.
Violation of any provision of this License may result in immediate termination of the License, in AnyShift’s sole discretion.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of AnyShift, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If You believe that Your work has been copied in a way that constitutes copyright infringement and is displayed on the Service, please contact us at any@AnyShift.com:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of Your copyrighted work or other intellectual property that You claim has been infringed;
A description of where the material You claim is infringing is located on the Services (providing us with website URL is the quickest way to help us locate content quickly);
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR
QUESTIONS. For other inquiries or questions, please contact us via our Help Center. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Arbitration of Disputes. The Parties mutually agree to resolve any and all disputes between them or between You and AnyShift or any of AnyShift’s parents, subsidiaries, affiliates, successors, assigns, officers, directors, employees, and/or agents exclusively through final, binding, and individual arbitration instead of filing a lawsuit in court (except as otherwise provided below). However, this Mutual Arbitration Provision does not cover disputes that, as a matter of law, may not be subject to arbitration agreements.
Arbitration Governed by the FAA. AnyShift and You expressly agree that this Mutual Arbitration and Dispute Resolution provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”), evidences a transaction involving commerce, and is not a contract of employment involving any class of workers engaged in foreign or interstate commerce within the meaning of Section 1 of the FAA. AnyShift and You expressly agree that the FAA shall exclusively govern the interpretation and
enforcement of this Mutual Arbitration Provision, and that the FAA shall apply to any and all disputes between the Parties, including but not limited to those arising out of or relating to this Agreement, Your classification status as a worker or service provider (e.g., an alleged employment relationship), Your provision of Services under this Agreement, the remuneration paid or received by You under this Agreement, the termination of this Agreement, the suspension or deactivation of Your AnyShift Account, and all other aspects of Your relationship with AnyShift, past or present, whether arising under federal, state, or local law, including without limitation harassment, discrimination, and/or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans with Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes, ordinances, or regulations addressing the same or similar subject matters, and all other federal, state, and/or local claims arising out of or relating to Your relationship or termination of that relationship with AnyShift. The Parties expressly agree that this Agreement shall be governed by the FAA even in the event You and/or AnyShift are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. In the event, but only in the event, the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which You perform Services shall apply.
Delegation. Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision, including without limitation any dispute concerning arbitrability.
Informal Dispute Resolution. Before commencing individual arbitration, the Parties must engage in a good-faith effort to resolve any claim covered by this Mutual Arbitration Provision through an informal telephonic dispute resolution conference between You and AnyShift. The informal telephonic dispute resolution conference shall be individualized such that a separate conference must be held each time either Party intends to commence individual arbitration. The Party initiating the claim must give notice to the other Party in writing of its, his, or her intent to initiate an informal telephonic dispute resolution conference, which shall occur between thirty (30) and sixty (60) days of the other Party receiving such notice, unless an extension is mutually agreed upon by the Parties. In the interval between the Party receiving such notice and the informal telephonic dispute resolution conference (“Negotiation Period”), nothing in either this Mutual Arbitration Provision specifically or this Agreement generally shall prohibit the Parties from engaging in informal communications to resolve the initiating Party’s claims. Engaging in an informal telephonic dispute resolution conference is a condition precedent that must be fulfilled before commencing individual arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the informal dispute resolution process required by this paragraph.
Initiating Arbitration. Only after the Parties have engaged in a good-faith effort to resolve the dispute through an informal telephonic dispute resolution conference, and only if those efforts fail, either You or AnyShift may initiate arbitration by notifying the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name, telephone number, mailing address, and email address of the Party seeking arbitration (if You are seeking arbitration, the email address provided must be the email address associated with Your AnyShift Account); (2) a statement of the legal claims being asserted and the factual bases of those claims; and (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for
injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (4) the original personal signature of the Party seeking arbitration; and (5) the Party’s portion of any applicable filing fee. Any demand for arbitration by You must be delivered to AnyShift, Attn: Legal Department.
CLASS ACTION WAIVER. AnyShift and You mutually agree that any and all disputes or claims between the Parties will be resolved in individual arbitration. The Parties further agree that by entering into this Agreement, they waive the right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a class, collective, representative, or mass action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective, representative, and/or mass action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). Notwithstanding the foregoing, this subsection shall not apply to representative private attorneys general act claims brought against AnyShift, which are addressed separately below. This Class Action Waiver does not prevent You or AnyShift from participating in a classwide settlement that would resolve or release the relevant claims.
Arbitration Proceedings. Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (and in accordance with the Expedited Procedures in those Rules where agreed upon by both parties) (“JAMS Rules”), except as follows: (1) Unless applicable law provides otherwise, as determined by the arbitrator, AnyShift and You shall equally share filing fees and other similar and usual administrative costs, that are commonly shared in both court and administrative proceedings, such as court reporter costs and transcript fees. AnyShift shall pay any costs that are uniquely associated with arbitration, such as payment of the arbitrator and room rental; (2) If a Party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other Party finally obtains is not more favorable than the unaccepted offer, then the other Party shall pay the costs, including filing fees, incurred after the offer was made; (3) Both Parties agree not to oppose or interfere with any negotiations or agreements between the other Party and the arbitration administrator, or individual arbitrator, relating to a Party’s portion of the fees. The arbitrator, however, may disallow any private agreement between an administrator, on the one hand, and the negotiating party, on the other hand, if the arbitrator believes that the private agreement undermines his or her neutrality as arbitrator; (4) The arbitrator may issue orders (including subpoenas to third-parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes; (5) Except as provided in the Class Action Waiver and Representative Action Waiver, the arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, including but not limited to the imposition of sanctions under the Federal Rules of Civil Procedure, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable; (6) The arbitrator may hear motions to dismiss and/or motions for summary judgment. An arbitrator may not permit the filing of a motion for summary judgment until after the Parties have conducted discovery to support their claims and defenses. Any motion to dismiss and/or motion for summary judgment shall otherwise be governed by the standards of the Federal Rules of Civil Procedure governing such motions; (7) The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law; (8) Any finding that a claim or counterclaim was filed for purposes of harassment or is frivolous shall entitle the other Party to recover its, his, or her attorneys’ fees, costs, and expenses;
(9) Either AnyShift or You may apply to a court of competent jurisdiction for
temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section 11 may be rendered ineffectual; and (10) The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations. If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Mutual Arbitration Provision, either Party may seek to enjoin the arbitration proceeding in a court of competent jurisdiction, and the arbitration shall automatically be stayed pending the outcome of that proceeding. For the avoidance of doubt, all statutes of limitations that would otherwise be applicable in a court of law will apply to any arbitration under this Agreement.
Agency Investigations. Regardless of any other terms of this Agreement, nothing prevents You from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim, or charge otherwise covered by this Mutual Arbitration Provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section 11, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a Party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law or as required under this Agreement before bringing a claim in arbitration. AnyShift will not retaliate against You for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
No Change To Shifter Status. You agree and acknowledge that entering into this Mutual Arbitration Provision does not change Your status as an independent contractor in fact and/or in law.
Impact on Pending Litigation. If there is a pending claim or litigation between AnyShift and You at the time You entered into this Agreement, then this Mutual Arbitration Provision shall not apply to such pending claim or litigation, and does not supersede any applicable arbitration agreement You previously accepted that governs the pending claim or litigation.
Right To Consult With An Attorney: You have the right to consult with private counsel of Your choice, at Your own expense, with respect to any aspect of, or any claim that may be subject to this Mutual Arbitration Provision.
Severability. In the event any section, subsection, or portion of this Mutual Arbitration Provision is deemed unenforceable, it shall be severed from the Agreement such that the remainder of this Mutual Arbitration Provision shall be enforceable to the fullest extent permitted by law. In any case in which (1) the dispute is filed as a class, collective, mass, or representative action, and (2) there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, mass, or representative action to that extent must be severed and litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration.
AnyShift reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice, and such changes will be effective immediately upon posting, except as set forth herein. In the case of a material change to the Terms, including a material change to the Mutual Arbitration Provision, AnyShift will notify You of changes, such as by presenting a new version of this Agreement on the Platform or updating the effective date at the top of this Agreement. Such
modifications will become effective thirty (30) days after the earliest of: (a) the modification being posted in the Services; or (b) AnyShift’s transmission of a message to and/or otherwise notifying You about the modifications (collectively, the “Notice Period”). Your continued use of the Service after the Notice Period shall constitute Your consent to the changes. If You do not agree, You cannot use the Services.
You acknowledge and agree that when using the Service, You may have direct or indirect access or exposure to AnyShift’s confidential information as well as confidential information of other users, including Shifters and Partners ("Confidential Information"). Confidential Information includes AnyShift’s or its users’ (e.g. Shifters’ and Partners’) data, information, identities, qualifications, general characteristics, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that AnyShift designates as being proprietary or confidential or that You should reasonably know to treat as confidential.
Without limiting any other or additional obligations of confidentiality, You acknowledge and agree that: (1) all AnyShift’s Confidential Information shall remain the exclusive property of the AnyShift; (2) You shall not use Confidential Information for any purpose except in furtherance of Your use of the Service; (3) You shall not disclose Confidential Information to any third party; and (d) You shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of Your use of the Service or at the request of AnyShift. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (1) is or becomes part of the public domain through no action or omission by You; (2) was possessed by You prior to Your use of the Service without an obligation of confidentiality; or (3) is disclosed to You by a third party having no obligation of confidentiality with respect thereto.
Governing Law. These Terms are governed by the laws of the State of Texas without regard to conflict of law principles, with the exception of the mutual agreement to arbitrate disputes, which shall be governed by the Federal Arbitration Act. Subject to the arbitration terms and conditions set forth herein, You agree that THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES (INCLUDING YOUR USE OF AND ACCESS TO ANYSHIFT’S MOBILE APPLICATIONS AND WEBSITES) SHALL BE
FINAL AND BINDING ARBITRATION, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s intellectual property rights, or You have otherwise violated any of Your use and access restrictions above, in which case the parties acknowledge and agree that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. No joint venture, partnership, employment, or agency relationship exists between You, AnyShift or any third-party provider as a result of the Terms or use of the Service.
Waiver and Severability. Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of AnyShift to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AnyShift in writing.
Entire Agreement. These Terms comprise the entire agreement between You and AnyShift and supersedes all prior or contemporaneous negotiations, discussions or agreements,
whether written or oral, between the parties regarding the subject matter contained in these Terms.
AnyShift may give notice by any means of communication reasonably anticipated to notify You of the information provided. You agree that all notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that You have the ability to store such electronic communications such that they remain accessible to You in an unchanged form. By way of example only, such communication may be a general notice on the Service or via email to the email address listed on Your AnyShift account. It is Your obligation to update Your account information so that we may contact You as may be necessary. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent via first class mail or pre-paid post) or upon dispatching (if sent via electronic communication). You may give notice to AnyShift, addressed to the attention of Legal, and such notice shall be deemed given when received by AnyShift by letter delivered by a nationally recognized overnight delivery service or first class postage prepaid mail to AnyShift, Attn: Legal Department.
You acknowledge and agree that You are executing this Agreement voluntarily and without any duress or undue influence by AnyShift or anyone else. You further acknowledge and agree that You have carefully read this Agreement and that You have asked any questions needed for You to understand the terms, consequences, and binding effect of this Agreement and fully understand it, including that You are waiving Your right to a jury trial. Finally, You agree that You have been provided an opportunity to seek the advice of any attorney of Your choice before signing this Agreement.
You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without Your notice or consent. Any purported assignment by You in violation of this section shall be void.
These Terms are effective until terminated by You or AnyShift as described below. Your rights under these Terms will terminate automatically without notice from AnyShift if You fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, AnyShift may in its sole discretion terminate Your user account on the Service or suspend or terminate Your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to You. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service. You may terminate these Terms at any time by closing Your account, uninstalling the App, and ceasing use of the Service.
AnyShift offers software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If You obtain such Software through a Distribution Channel, You may be subject to additional terms of the Distribution Channel. These Terms are between You and us only, and not with the Distribution Channel. To the extent that You utilize any other third-party products and services in connection with Your use of our Services, You agree to comply with all applicable terms of any agreement for such third party products and services. With respect to Software that is made available for Your use in connection with an Apple-branded product (such
Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
AnyShift and You acknowledge that these Terms are concluded between AnyShift and You only, and not with Apple Inc. (“Apple”), and that as between AnyShift and Apple, AnyShift, not Apple, is solely responsible for the
Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a
non-transferable license to use the Apple-Enabled Software on an iOS Product that You own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to You, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be AnyShift’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
AnyShift and You acknowledge that AnyShift, not Apple, is responsible for addressing any claims of You or any third party relating to the Apple-Enabled Software or Your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between AnyShift and Apple, AnyShift, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
If You have any questions, complaints or claims with respect to the
Apple-Enabled Software, they should be directed to AnyShift by emailing us at any@anyshift.com; or if You are a Shifter, by using in-app chat support.
AnyShift and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You with respect to the Apple-Enabled Software as a third-party beneficiary thereof.