ShiftSurge
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Terms of Service

Effective Date: January 1, 2026

Welcome to ShiftSurge. By using our platform, you agree to these Terms of Service. Please read them carefully.

1. Definitions

  • Users — Hospitality workers who browse and claim promotions
  • Restaurants — Businesses that post promotions and job listings
  • Surges — Exclusive promotions posted by restaurants for hospitality workers
  • Sponsored Surges — Paid promotional content from restaurants
  • Content — All text, images, and media posted on the platform

2. Eligibility

2.1 For Workers

You must be at least 18 years old to create a worker account. Certain promotions involving alcohol may require you to be 21 or older, and restaurants may require valid ID verification at the point of redemption.

2.2 For Restaurants / Merchants

You represent that you have the authority to bind your business to these Terms, that your business holds all licenses required to operate in your jurisdiction (including, where applicable, a valid liquor license), and that you will honor every promotion you publish exactly as described.

3. Platform Role & Disclaimer

ShiftSurge is a marketplace connecting hospitality professionals with restaurants. We do not employ users, operate restaurants, or guarantee the quality of any promotion or job listing. We are not a party to the transaction between a worker and a restaurant at the point of redemption.

4. User Account Requirements

You are responsible for maintaining the confidentiality of your account credentials. You agree to provide accurate information, keep it up to date, and notify us promptly of any unauthorized access.

5. Merchant Dashboard & Responsibilities

Restaurant managers are responsible for the accuracy of their promotions and job listings. All offers must be honored as posted, for the duration posted, at the location posted.

6. Payment Terms

6.1 Merchant Fees

Restaurant subscriptions are billed monthly in advance and are non-refundable. Subscription plans start at $49/month for the Starter tier, $149/month for Growth, and $399/month for Scale. Current pricing and plan features are listed on the Billing page inside your dashboard. We may adjust pricing with at least 30 days notice.

6.2 Sponsored Surge Fees

Restaurants may purchase additional sponsored placements ("Sponsored Surges") that highlight their promotions in the worker feed. Sponsored Surge fees are charged in addition to the base subscription and are non-refundable once a sponsored placement has been displayed.

6.3 No Guarantee of Results

ShiftSurge makes no representation or warranty that any promotion, sponsored surge, or job posting will result in a specific level of worker engagement, foot traffic, applications, or revenue. All such metrics depend on factors outside our control.

7. Alcohol Policy & 21+ Protection

Promotions involving alcohol are restricted to users who are 21 years of age or older. Restaurants must verify age at the point of redemption.

8. Restaurant Liability & Compliance

Restaurants are solely responsible for compliance with local, state, and federal laws regarding their promotions, including alcohol service, food safety, and employment regulations.

9. Content Ownership & License

You retain ownership of content you post. By posting, you grant ShiftSurge a non-exclusive, worldwide license to display and distribute your content on the platform.

10. Prohibited Uses

  • Using the platform for any illegal purpose
  • Posting false or misleading promotions
  • Scraping or data mining
  • Impersonating another user or entity
  • Publicly advertising discounts intended for hospitality workers only

11. Limitation of Liability

To the maximum extent permitted by law, ShiftSurge shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, revenue, data, or goodwill, arising from your use of the platform. Our aggregate liability for any claim arising out of or related to these Terms or your use of the platform shall not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim and (b) $0 if you are a free-tier user.

12. No Warranty

The platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of data.

13. Indemnification

You agree to indemnify, defend, and hold harmless ShiftSurge, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the platform, your content, or your violation of these Terms or applicable law.

14. Arbitration Agreement & Class-Action Waiver

Any disputes arising out of or relating to these Terms or the platform shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small-claims court.

Class-Action Waiver. YOU AND SHIFTSURGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15. Governing Law

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

16. Termination

We reserve the right to suspend or terminate your account at any time for violation of these terms or for any other reason at our sole discretion.

17. Modifications

We may modify these Terms at any time. Continued use of the platform after changes constitutes acceptance of the new terms.

18. Contact

For questions about these Terms, contact us at info@shiftsurge.com.