Working draft — for legal review only

Legal

Terms of Use

Last updated: June 11, 2026

These Terms cover how the GigShift platform works for businesses and workers — including verification, payments, conduct, and how disputes are handled — with specific notices for U.S. states and Canadian provinces.

Jump to section

1. Acceptance of Terms

In short

By creating an account or using GigShift, you agree to these Terms of Use. If you don't agree, please don't use the Platform.

These Terms of Use ("Terms") form a binding agreement between you and GigShift LLC ("GigShift," "we," "us," or "our") governing your access to and use of the GigShift website, mobile application, and related services (collectively, the "Platform"). Our Privacy Policy is incorporated into these Terms by reference.

⚠ Attorney review needed

Confirm legal entity name(s) and jurisdiction of incorporation; update all references to "GigShift LLC" consistently across this document and the Privacy Policy.

2. Eligibility & Account Registration

In short

You must be at least 18, legally able to work in the U.S. or Canada (for workers), and provide accurate information when you sign up.

You must be at least 18 years old and able to form a binding contract.
Workers must be legally authorized to work in the country and jurisdiction in which they accept shifts, and must complete the identity and eligibility verification described in Section 4.
Businesses represent that the individual creating the account has authority to bind the business to these Terms.
You must provide accurate, current, and complete information and keep it up to date.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

⚠ Attorney review needed

The age of majority is 19 (not 18) in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Nunavut, Prince Edward Island, and Yukon. Confirm whether the minimum-age requirement should be adjusted for users in those provinces, or whether additional consent/guardian requirements apply to 18-year-olds there.

3. The GigShift Platform — Our Role

In short

GigShift is a technology platform that connects businesses with available, verified workers. We are not a staffing agency or employer of workers in the traditional sense — the precise legal relationship depends on the laws of where a shift takes place.

GigShift provides a marketplace and software tools that allow businesses to post open shifts and allow workers to view, accept, and complete those shifts. GigShift verifies identity, work eligibility, and (where applicable) background-check results, and provides tools for scheduling, location confirmation, ratings, and payment.

⚠ Attorney review needed

This section is the single highest-risk clause in these Terms and must be finalized with counsel before publishing. Specifically:

Confirm whether workers are classified as independent contractors, GigShift employees, or employees of the business — and whether this classification varies by state/province (e.g., California AB5 / Prop 22 ABC test, Ontario's Digital Platform Workers' Rights Act 2022, Washington app-based driver laws).
Ensure language here is consistent with worker-facing onboarding flows, tax-form issuance (1099 vs. W-2 vs. T4A), and any benefits or minimum-earnings guarantees actually offered.
Avoid any language that could be read as GigShift directing the manner/means of a worker's work, which can affect classification tests in several states.

4. Identity Verification, Background Checks & Consent

In short

To keep the Platform safe and compliant, workers must complete identity verification — including a live selfie check, ID document scan, and (where applicable) a background check — and consent to these checks as a condition of using the Platform.

Liveness check & ID scan: you consent to GigShift capturing a live facial scan and an image of your government-issued ID to confirm your identity, as described in our Privacy Policy.
Work authorization: you confirm that the documents and information you provide accurately establish your right to work in the relevant jurisdiction.
Background checks: where required by a business or by law, GigShift will engage a third-party consumer reporting agency to perform a background check. By using the Platform, you authorize GigShift and its background-check provider(s) to obtain such reports.
Re-verification: GigShift may require periodic re-verification (including additional liveness checks at shift check-in) to maintain Platform integrity.

⚠ Attorney review needed

U.S. background checks are subject to the Fair Credit Reporting Act (FCRA) and state equivalents (e.g., California ICRAA/CCRAA), which require specific standalone disclosure and authorization documents, adverse-action notices, and pre-adverse-action wait periods. Canadian background checks are subject to provincial requirements (e.g., Ontario's Employment Standards Act notice obligations). These flows must be reviewed separately from this Terms document and implemented as standalone consent steps in-app.

5. Location Services & Geofencing

In short

When you're clocked into a shift, GigShift uses your device's GPS location to confirm you're at the worksite. We don't track your location outside of active shifts.

Workers consent to GigShift collecting precise location data while clocked into a shift for the purposes of (a) confirming presence at the assigned worksite ("geofencing"), (b) providing businesses with real-time shift-coverage visibility, and (c) verifying hours worked for payment purposes. You can disable location services in your device settings, but doing so may prevent you from clocking in or completing shifts.

6. Worker Terms

In short

As a worker, you're responsible for showing up as scheduled, following the business's site rules and applicable laws while on a shift, and your earnings and tax responsibilities are described here.

You agree to arrive on time, complete accepted shifts as scheduled, and follow the workplace policies and safety rules of the business hosting the shift.
Repeated no-shows, late cancellations, or policy violations may affect your Worker Reliability Score and your ability to access future shifts, as described in Section 8 (Shift Changes, Cancellations & No-Shows).
You are responsible for reporting and paying any taxes owed on income earned through the Platform, and GigShift will provide applicable tax forms (e.g., Form 1099-NEC in the U.S., T4A in Canada) where required.
Pay rates are displayed before you accept a shift; the rate shown is the rate you will be paid for completing that shift as described.

7. Payments to Workers

In short

You're paid for completed, verified shifts on a regular schedule, to the payout method you've added to your account. This section explains how that works and what happens if a payment doesn't go through.

Your earnings for a shift are calculated based on the pay rate shown when you accepted the shift and the hours verified through check-in/check-out and location (geofencing) data.
Payments are issued on a recurring schedule to the bank account, debit card, or other payout method you've added to your account, through our third-party payment processor.
You're responsible for keeping your payout information accurate and up to date. GigShift is not responsible for delayed or misdirected payments caused by inaccurate or outdated payout information.
If a payment fails, is disputed, or is delayed because verification is incomplete, we'll work with you and our payment processor to resolve it, but we can't guarantee a specific resolution timeline.
Where permitted by law, amounts you owe GigShift (for example, due to a chargeback, fraud, or an overpayment) may be deducted from future payments to you.
You can view your shift history and payment records at any time in the app.

⚠ Attorney review needed

Confirm the payment cycle/timing disclosed here against applicable frequency-of-pay laws (which vary by U.S. state) and Canadian provincial employment-standards payment timing rules, and confirm whether deductions for chargebacks/overpayments are permitted in all operating jurisdictions before publishing.

8. Shift Changes, Cancellations & No-Shows

In short

If you can't make a shift you've accepted, or a business needs to cancel a posted shift, do it as early as possible in the app. Late cancellations and no-shows have consequences for both workers and businesses, described below.

Worker cancellations: cancel an accepted shift as soon as you know you can't attend, using the app. Cancellations made shortly before a shift's start time, and no-shows (not checking in within the grace period shown in the app), are recorded and may negatively affect your Worker Reliability Score and your access to future shifts.
Business cancellations: cancel a posted shift as soon as it's no longer needed. If a business cancels a shift after a worker has been confirmed and within the cancellation window shown at posting, the business may be charged a cancellation fee as described in its pricing terms, and the affected worker may be eligible for a minimum-pay or "show-up" payment as described in the app.
Repeated cancellations or no-shows by a worker or a business may result in warnings, temporary suspension, or removal from the Platform, as described in Section 18 (Suspension & Termination).
GigShift may also cancel or remove a posted shift that does not comply with these Terms or applicable law.

⚠ Attorney review needed

Specific cancellation windows, fees, and any worker "show-up pay" or minimum-engagement guarantees need to be confirmed with the product/finance team and reviewed by counsel — Ontario's Digital Platform Workers' Rights Act and similar emerging laws in other jurisdictions may require minimum-pay guarantees or minimum notice periods before a shift is cancelled or a worker is removed from the Platform.

9. Business Terms, Fees & Payments

In short

Businesses pay for shifts filled through GigShift according to the pricing plan they select. Fees, billing cycles, and payment methods are set out at sign-up and on our Pricing page.

Businesses agree to pay all fees associated with shifts posted and filled through the Platform, as described at checkout or in an applicable order form.
Businesses are responsible for providing a safe worksite, accurate shift details (location, duration, pay rate, role requirements), and complying with applicable wage-and-hour, health, and safety laws.
GigShift may change its fees or pricing structure with advance notice; continued use of the Platform after a fee change takes effect constitutes acceptance of the new fees.
Late or failed payments may result in suspension of a business's ability to post shifts.

10. Insurance & Liability for On-Shift Injuries

In short

Coverage for an injury or accident during a shift depends on your worker classification and the laws of where the shift takes place. The approach below is provisional and will be finalized once that classification is confirmed with counsel.

GigShift is a technology platform, not a workplace. The business hosting a shift is responsible for maintaining a safe worksite and complying with applicable occupational health and safety laws.

Depending on a worker's classification under applicable law (see Section 3), coverage for workplace injuries may be provided through the hosting business's workers' compensation insurance, through occupational accident coverage GigShift may make available to workers, or may not apply if a worker is an independent contractor and no such coverage is in place. [Final approach to be confirmed with counsel and reflected here before publication.]

Workers and businesses are each encouraged to maintain any insurance coverage required by law in their jurisdiction, including workers' compensation and general liability insurance where applicable.

⚠ Attorney review needed

This section must be finalized together with Section 3 (worker classification). Confirm: (1) whether GigShift will offer or require occupational accident insurance for workers, particularly in states/provinces where independent contractors are not covered by statutory workers' compensation; (2) the allocation of responsibility between GigShift and the hosting business for workplace safety and injury claims; and (3) any state-specific requirements (e.g., New York, California) for platform-provided insurance for gig workers.

11. Acceptable Use

In short

Use GigShift honestly and lawfully — don't misrepresent who you are, try to bypass verification, harass other users, or use the Platform for anything illegal.

You agree not to:

Provide false, misleading, or someone else's identity or verification information.
Attempt to circumvent identity verification, geofencing, or background-check processes.
Harass, threaten, or discriminate against other users.
Use the Platform to solicit or arrange work outside the Platform in violation of any applicable agreement.
Reverse-engineer, scrape, or interfere with the operation or security of the Platform.
Use the Platform for any unlawful purpose or in violation of any applicable local, state, provincial, or federal law.

Violations may result in warnings, suspension, or permanent termination of your account.

12. Intellectual Property

The Platform, including its software, design, text, graphics, logos, and the GigShift name and brand, is owned by GigShift or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Platform without our written permission.

13. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GIGSHIFT DOES NOT GUARANTEE THAT SHIFTS WILL BE AVAILABLE AT ANY PARTICULAR TIME, THAT WORKERS WILL ACCEPT OR COMPLETE SHIFTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

⚠ Attorney review needed

Some states/provinces do not allow the exclusion of certain implied warranties or limitations on consumer rights — confirm carve-out language is included where required (e.g., New Jersey, Quebec consumer protection law).

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIGSHIFT AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GIGSHIFT'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO GIGSHIFT IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

⚠ Attorney review needed

Confirm liability cap amount and structure with counsel, and verify enforceability against consumers in Quebec and other jurisdictions with restrictions on liability limitation clauses.

15. Indemnification

You agree to indemnify and hold harmless GigShift and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Platform, or your violation of any law or third-party right.

16. Dispute Resolution — Arbitration & Class Action Waiver

In short

Most disputes between you and GigShift will be resolved through individual binding arbitration rather than in court, and you agree not to bring or join a class action. This section does not apply where prohibited by law.

You and GigShift agree to resolve any dispute arising out of or relating to these Terms or the Platform through final and binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small claims court. You and GigShift each waive the right to participate in a class, collective, or representative action.

⚠ Attorney review needed

This clause requires careful, jurisdiction-by-jurisdiction review before publication:

California: mandatory arbitration of certain employment-related claims (including those brought under PAGA) is restricted; carve-outs are typically required.
Ontario: the Digital Platform Workers' Rights Act, 2022 restricts mandatory arbitration clauses requiring workers to arbitrate outside Ontario, and disputes regarding employment status under the Employment Standards Act must be resolved by the Ontario Labour Relations Board, not private arbitration.
Quebec: the Consumer Protection Act prohibits mandatory arbitration clauses and class-action waivers in consumer contracts.
Confirm whether arbitration applies to both workers and businesses, or only one group, and select an arbitration provider/rules (e.g., AAA, JAMS) and seat.
Consider adding a time-limited (e.g., 30-day) right to opt out of this arbitration agreement by following a specified procedure shortly after accepting these Terms — this is increasingly standard practice and can support enforceability.

17. Governing Law

These Terms are governed by the laws of [State/Province to be confirmed], without regard to conflict-of-law principles, except where mandatory local law requires otherwise (for example, certain consumer or employment protections in your home state or province may apply regardless of this clause).

⚠ Attorney review needed

Select governing law / venue and confirm it is enforceable against both worker and business users across the states and provinces where GigShift operates.

18. Suspension & Termination

You may close your account at any time through the app or by contacting support.
GigShift may suspend or terminate your account if you violate these Terms, fail identity or background-check requirements, or for safety, fraud-prevention, or legal reasons.
Upon termination or suspension, GigShift will pay out any earnings you've already earned for completed shifts, less any amounts you owe us, in accordance with Section 7 (Payments to Workers). Any unused prepaid balance held by a business will be handled as described in the applicable order form or pricing terms, less any amounts owed to GigShift.
Provisions that by their nature should survive termination (e.g., payment obligations, intellectual property, disclaimers, limitation of liability, dispute resolution) will continue to apply.

19. Service Availability & Changes

In short

We may update, change, or temporarily pause parts of the Platform, and neither you nor GigShift is responsible for delays caused by events outside your or our reasonable control.

GigShift may add, change, remove, or temporarily suspend features of the Platform at any time, including for maintenance, security, or legal reasons.
We'll use reasonable efforts to give advance notice of changes that materially reduce the functionality available to you, where practical.
Neither party will be liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, pandemics, internet or utility outages, or governmental action.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email and/or an in-app or website notice before the change takes effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

21. State & Provincial Notices

In short

Some states and provinces have specific laws affecting gig-platform workers. These boxes summarize the most relevant ones — final language will depend on counsel's review of the worker-classification approach in Section 3.

California — AB5 / Proposition 22

California law uses the "ABC test" to determine whether a worker is an independent contractor or employee for most purposes, with specific rules for certain app-based platforms under Proposition 22. GigShift's worker-classification approach in California will be confirmed with counsel and reflected here, including any applicable minimum-earnings, healthcare-subsidy, or occupational-insurance provisions.

Ontario — Digital Platform Workers' Rights Act, 2022

Workers performing "digital platform work" in Ontario are entitled to certain minimum protections regardless of employment classification, including information about how pay is calculated, minimum wage for work performed, notice of removal from the platform, and a right to resolve certain disputes before the Ontario Labour Relations Board. GigShift will provide the disclosures required under this Act to Ontario-based workers.

Quebec — Consumer Protection Act

For users who qualify as "consumers" under Quebec law, mandatory arbitration clauses and class-action waivers are not enforceable, and contracts must be available in French. GigShift will provide a French-language version of these Terms and the Privacy Policy for Quebec users and adjust Section 16 accordingly.

Other states & provinces

Additional state- or province-specific terms (for example, paid sick leave notifications, wage-statement requirements, or platform-worker deactivation-appeal rights) will be added here as GigShift expands into new jurisdictions and as required by local law.

22. General Provisions

Entire agreement: these Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and GigShift regarding the Platform.
Severability: if any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
No waiver: our failure to enforce any provision is not a waiver of our right to do so later.
Assignment: you may not assign these Terms without our consent; GigShift may assign these Terms in connection with a merger, acquisition, or sale of assets.

23. Contact Us

GigShift Legal
Email: [email protected]
Mail: [Registered business address — to be confirmed]