Terms & Services

Terms & Services

Terms of Use for All Users

Welcome to ShiftGroup.io. These Terms of Use apply to ShiftGroup.io and all other related web sites, apps, communications, support, and services provided by Shift Group (“Services”). If you access or use the Services, you accept and agree to these terms. Please read them carefully.

Shift Group is referred to throughout these Terms of Use as “SG” or “we”.

1. LIMITED LICENSE

SG is pleased to grant you, as a user of the Services, a nonexclusive, nontransferable, revocable, limited license to access and use the Services in accordance with these Terms of Use and any specific terms and conditions that may be posted in connection with particular Services. In the event of any conflict between these Terms of Use and any such specific terms and conditions applicable to particular Services, the latter shall govern. SG may terminate this license at any time for any reason and, in any such case, any data or information that you provided may be deleted without notice to you. SG reserves the right to limit, restrict, suspend, or terminate your use of the Services if you breach these Terms of Use or the law, or misuse the Services.

2. LIMITATIONS ON USE

To use the Services, you must be 18 years of age or older and must not be subject to any prior restriction by SG. It is a violation of these Terms of Use to create an account with false information, including registering an account in the name of another person or entity.

The Services are only for your personal use or, as applicable, for the internal use of your employer, and they are not for commercial exploitation (for example, by resale to others or by republication to the public). Further, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Services. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor our Web Site or the Services. You may not use the Services in any way that harms SG, our employees, directors or other representatives, our participating share/rightsholders or users, or any other third party. You may not use the Web Site as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export the Services or any portion thereof in violation of any applicable export control laws and

regulations of the United States of America and/or Canada. Any unauthorized use of the Services is prohibited.

You agree your purchase and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by SG or any of its affiliates regarding future functionality or features.

3. INTELLECTUAL PROPERTY RIGHTS

Nothing in these Terms of Use or in the terms and conditions relating to any applicable SG licensing or other service should be construed as conferring upon you any copyright or other intellectual property license or right (whether by implication, estoppel or otherwise), unless we have expressly said so. You agree that the Services are protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws, all of which belong to SG or its licensors. You also agree not to access or use the Services to build a similar or competitive offering, or to provide a substitute solution to an existing solution or platform.

4. REGISTRATION

Certain sections of the Services require you to register. If registration is requested, you agree to provide SG with accurate and complete registration information. You agree that you will only have one user account which must be in your real name or, for business accounts, the real name of your employer. It is your responsibility to inform SG of any changes to that information. Each registration is for a single individual or legal entity only, unless a particular SG licensing service authorizes the sharing of individual registrations. You are responsible for preventing unauthorized use of your registration (for example, by keeping passwords confidential). If you believe there has been unauthorized use, please notify SG immediately at support@shiftgroup.io. You are responsible for any activity on your registered account unless you close it or report unauthorized use to SG.

5. CONTENT

A variety of information, data, messages, comments, posts, text, graphics, software, photographs, videos, data, reviews, recommendations, and other materials may be made available through the Services by SG or its suppliers (“Content”). While SG strives to keep the Content that it provides through the Services accurate, complete, and up-to- date, SG cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will SG be liable in any way for any such Content.

You acknowledge that you may also be able to create, publish or display information through the Services. All such information is referred to below as “User Content.” You

agree that you are solely responsible for your User Content, and for the consequences of your actions (including any loss or damage which SG may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. SG may refuse to store, provide, or otherwise maintain your User Content for any or no reason. SG may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, SG may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that SG has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.

The User Content you share through the Services may be visible to other visitors and registered users. Shift reserves the right to share your registration information and User Content with prospective Employers. By using the Services, you agree not to upload, provide, or publish any sensitive or protected health information through the Services. If your User Content contains personal data, it is subject to the Shift Privacy Policy. You control the amount and type of User Content that you share through the Services, but you agree that all User Content you share will be true, factual, and comply with the SG Code of Conduct. SG may, at its sole discretion and without notice to you, choose to remove or to not publish any User Content.

6. YOUR LICENSE TO SG

You understand that SG generates revenue by matching Job Seekers with Employers, and by submitting, posting or otherwise uploading User Content on or through the Services you grant (and promise that you are entitled to grant) SG and its affiliates authorization to process and share your User Content for this purpose. You also grant SG and its affiliates worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content for the purpose of enabling SG to provide you with the Services, and for the limited purposes stated in the Shift Privacy Policy.

Notwithstanding anything to the contrary, you agree to give SG a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any queries that you submit through the Services.

You may terminate this license by deleting your account, except to the extent that a) a third-party has copied, shared, or stored the User Content; b) SG sublicensed the content to another prior to you deleting the content of closing your account; or c) SG is required by law

or regulation to maintain and/or share the content. Termination is effective after a reasonable amount of time for SG to delete such content from all systems.

In addition to the foregoing, you agree that SG may collect and use data from your activities through the Services to improve its offerings and make recommendations. You also acknowledge that the terms of any third-party web site accessible through the Services may require you to grant similar licenses to the owner of such site or to other third parties as a condition of using such third party site and you acknowledge that SG has no responsibility for and assumes no liability whatsoever in connection with your use of any such site or the use of your User Content by any such third party. You agree that you shall have no recourse against SG for any alleged or actual infringement, misappropriation or other violation of any proprietary right in your communications to us or any other User Content you upload or submit through the Services or to any third-party web site.

If you submit any suggestions or feedback regarding the Services, you agree that SG has the right to use and share that information for any purpose without compensation to you.

7. CODE OF CONDUCT

As a user of the Services, you agree that you will:

i. Post only in your own legal name.

ii. Post only lawful and professional content.

iii. Treat all other users with courtesy, civility, and respect.

iv. Comply with all applicable laws and regulations.

v. Respect all third-party rights, including privacy and intellectual property rights.

As a user of the Services, you agree that you will not:

i. Post illegal or abusive content, including any content that is defamatory, violent, obscene, threatening, or that violates the rights of another person or entity. SG may delete your posts at any time without permission from or notice to you.

ii. Defame, harass, stalk, threaten, or otherwise violate the rights of others.

iii. Create a false identity, misrepresent your identity or your affiliation with any person or entity, create a profile for anyone other than yourself, or use or attempt to use another’s account.

iv. Monetize or attempt to monetize the Services, without SG’s express written consent. This includes posting or otherwise distributing on or through the Services any content or material containing any advertising, promotion, solicitation for goods, services, or funds, or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of SG.

v. Develop, support or use any software, devices, or other technologies and processes to scrape or copy the Services, including profiles and other data from the Services.

vi. “Frame” or “mirror” any part of the Services.

vii. Override any security feature or circumvent any access controls on the Services.

viii. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services.

ix. Copy, use, display or distribute any content or information obtained from the Services, whether directly or through third parties, without the consent of the content owner.

x. Disclose information that you do not have rights to disclose (such as confidential information of your employer or former employer).

xi. Violate the intellectual property rights of SG or any third parties.

xii. Upload or share any materials that contain software viruses, worms, or any other harmful code.

xiii. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology.

8. LIMITATION ON COMMERCIAL USE

You agree that you will not distribute on or through the Services any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of SG. Notwithstanding the foregoing, in any interactive areas of the Services, where appropriate (a) you may list your name, address and email address, and your own Web site’s URL, and (b) you may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may you solicit anyone with data retrieved from the Services.

9. LINKING TO THE SERVICES

You are welcome to provide links to the pages of the Services provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the page that you are linking to, the terms of use, the copyright notice, or other notices on the Services, and (b) you discontinue providing links to the Services if requested by SG.

10. UNAUTHORIZED ACTIVITY

SG reserves the right to investigate complaints or reported violations of our Terms of Use or other applicable terms and conditions, and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted content, IP addresses, and traffic information.

11. CONTENT FROM THIRD PARTIES

The Services (and links from the Services) will contain content posted by other users (“Third Party Content”). SG does not control and is not responsible for the content posted by others. Such content may be inaccurate, misleading, illegal, offensive, or otherwise damaging. Your use of and reliance on content posted by other users is at your own risk.

SG is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any Third-Party Content appearing on the Services or accessible through them. You understand that the information and opinions in any Third-Party Content are not endorsed by, and do not necessarily reflect the opinions or beliefs of, SG or any of its employees, directors or other representatives.

SG has no obligation to edit, monitor or screen Third Party Content, and SG is not responsible for any Third-Party Content. Notwithstanding the foregoing, SG reserves the right to examine interactive areas for adherence to these Terms of Use and to remove any User Content that may be objectionable or violate these Terms of Use.

You may raise complaints about other users’ conduct and content, including any suspected violation of our Code of Conduct, here: support@shiftgroup.io.

12. TERMINATION

SG may terminate, suspend, or disable your access and use of the Services (or any part thereof) if SG determines, in its sole discretion, that you have violated any provision of these Terms of Use. Upon termination, all licenses granted by SG will terminate automatically and immediately.

SG reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use or any other applicable terms and conditions, including but not limited to the right to block access from a particular Internet address to the Services and any other SG web sites and their features.

You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds for the remaining subscription period, but no further charges will occur.

13. SERVICE, ERRORS, AND CORRECTIONS

SG does not promise that the Services are or will be error-free, or free of viruses or other harmful components, that defects will be corrected, or that they will always be accessible. SG does not promise that the Services are or will be correct, accurate, timely, or otherwise reliable. SG may make improvements and/or changes to its features, functionality or Services at any time.

Unless you enter into a direct agreement with SG that includes terms to the contrary, SG may change, suspend, limit, discontinue, or cancel the availability of any features or services with or without notice. SG may limit certain features, services, and content to certain visitors or registered users. You agree that SG will determine, at its sole discretion and subject to the Shift Privacy Policy, the length of time that User Content and other content is stored.

14. DISCLAIMER

Your use of the Services is at your own risk.

When using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of SG and its suppliers. Accordingly, SG assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.

The services are provided on an “as is, as available, with all faults” basis. SG EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMAN-LIKE EFFORT AND NON-INFRINGEMENT. SG DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (a) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (b) ANY THIRD PARTY WEB SITES, OR ANY CONTENT THEREIN, THAT ARE ACCESSED DIRECTLY OR INDIRECTLY THROUGH LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (c) THE UNAVAILABILITY OF THE SERVICES OR ANY PORTION THEREOF, (d) YOUR USE OF THE SERVICES, OR (e) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THESE TERMS OF USE DO NOT CHANGE.

15. LIMITATION OF LIABILITY

SG IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES, THE INTERACTIVE AREAS OF THE SERVICES OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. SG IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH (a) THE USE OF OR INABILITY TO USE THE SERVICES, (b) ANY SERVICES ON THIRD PARTY WEB SITES, (c) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES, (d) ANY INCOMPATIBILITY BETWEEN THE SERVICES AND ANY OTHER SERVICE, SOFTWARE, OR HARDWARE, (e) ANY

DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS WITH SG OR ANY OTHER PERSON IN AN ACCURATE OR TIMELY MANNER, OR (f) ANY CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT, ALL REGARDLESS OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR WHETHER SG KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, SG’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00 or CAN$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT ANY CLAIM RELATED TO THESE TERMS OF USE MAY NOT BE BROUGHT MORE THAN ONE YEAR AFTER THE EARLIEST TIME THAT SUCH CLAIM MAY ACCRUE, AFTER WHICH TIME SUCH CLAIM IS PERMANENTLY BARRED, WHETHER MADE BY YOU OR BY YOUR LAWFUL SUCCESSORS.

THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, OR IN CASES OF NEGLIGENCE, WHERE A MATERIAL OBLIGATION HAS BEEN BREACHED. A MATERIAL OBLIGATION BEING AN OBLIGATION WHICH FORMS A PREREQUISITE TO OUR DELIVERY OF SERVICES AND ON WHICH YOU MAY REASONABLY RELY, BUT ONLY TO THE EXTENT THAT THE DAMAGES WERE DIRECTLY CAUSED BY THE BREACH AND WERE FORESEEABLE UPON CONCLUSION OF THIS CONTRACT AND TO THE EXTENT THAT THEY ARE TYPICAL IN THE CONTEXT OF THIS CONTRACT.

16. INDEMNIFICATION

You hereby indemnify and agree to defend and hold harmless SG, its officers, directors, employees, agents, licensors and suppliers, its participating copyright share/rightsholders and users, and any third party information providers to the Services from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use, or any other applicable SG terms and conditions, by you.

17. THIRD-PARTY RIGHTS

The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability), and 15 (Indemnification) are for the benefit of SG and of each of the other persons listed in paragraph 15. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf.

18. NOT LEGAL OR FINANCIAL ADVICE

SG is neither a lawyer nor a law firm or financial advisor. The Services are not intended to and do not constitute legal or financial advice; and no attorney-client relationship or fiduciary relationship is formed between you and SG or any SG employee or representative. Nothing submitted to the Services is treated as confidential except as provided in the terms and conditions of applicable licensing services or in the Shift Privacy Policy. We do not warranty or guarantee the accuracy, completeness, adequacy or currency of the Services. Your use of the Services and any content linked to or from the Services is at your own risk.

19. GOVERNING LAW AND JURISDICTION

By visiting shiftgroup.io you agree that the laws of the State of Delaware, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and SG. Further, you agree that jurisdiction over any action arising out of or relating to these Terms of Use is exclusively in the state or federal courts located in Delaware, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

20. FEEDBACK

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SG under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

21. ADDITIONAL TERMS

Privacy Policy. Your use of the Services is subject to the Shift Privacy Policy.

Terms of SG’s Licensing and Other Services. Your use of any SG licensing or other service may be also governed by the terms and conditions that apply to that service (including any applicable Master Service Agreement or Statement of Work). Each set of terms and conditions is available to you while conducting any transactions under that licensing service (and afterwards as part of the record of those transactions), and all those terms and conditions are incorporated into these Terms of Use by this reference. If there is a conflict between the terms and conditions that apply to a particular service and these Terms of Use, the former will prevail but only regarding the specific point of conflict.

22. SEVERABILITY OF PROVISIONS

These Terms of Use incorporate by reference any notices contained in the Services, the Shift Privacy Policy and the terms and conditions applicable to each of SG’s licensing or other services. Altogether they constitute the entire agreement between you and SG with respect to access to and use of the Services. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with specific SG licensing or other service

terms and conditions that are applicable to the circumstances, then that provision of these Terms of Use shall be deemed severable from the remaining provisions and shall not affect the latter’s validity or enforceability.

23. MODIFICATIONS TO TERMS OF USE

SG may make changes to these Terms of Use at any time. When we make any material change to these Terms of Use, we will inform you by posting a notice on the homepage of www.shiftgroup.io for 30 days that the terms and conditions have been updated and by changing the “effective date” on this page, noting when the terms and conditions were last updated. Updated versions of these Terms of Use will appear on the Services and are effective immediately. Please review these Terms of Use regularly. Continued use of the Services after any such changes constitutes your consent to such changes.

24. STORED CONTENT, MESSAGES, AND NOTIFICATIONS

SG processes and stores communications on the Services to improve user experience, provide a safer and more regulated environment for Job Seekers and Employers, and ensure compliance with Terms of Use. This may include messages, emails, reactions, feedback, photos, and other interactions you post to or exchange through the Services. Except as provided in the Shift Privacy Policy, you grant SG permission to access, process, and store all site content and communications for as long as necessary to meet SG’s business needs.

By using the Services, you agree to receive messages and notifications from SG and its partners and affiliates. You may receive messages and notifications within the Web Site and outside of the Web Site, to the contact information you provided SG at registration. You may opt out of messages and notifications outside of the Web Site by contacting support@shiftgroup.io.

25. USE OF GENERATIVE AI

SG may use Artificial Intelligence (“AI”) to provide certain aspects of the Services, including but not limited to a) recommending Job Seekers to Employers; 2) recommending Employers, Recommended Jobs, or Training Programs to Job Seekers; 3) assisting Job Seekers create candidate profiles and related materials; and 4) assessing Training Program performance and effectiveness. Furthermore, the Services may contain content generated by AI. Use of AI is part of SG’s commitment to improving user experience and providing a safer and more regulated environment for job seekers and employers. By using the Services, you consent to the use of AI in this manner.

Your User Content input into our AI (via OpenAI) are processed securely and remain your property. SG does not use your User Content to train OpenAI’s models. Access to your data is restricted to authorized personnel and service providers under binding confidentiality obligations.