Terms of Service

Last updated: June 28, 2026 · Effective: June 28, 2026

These Terms of Service (“Terms”) are a binding agreement between Phineworks Inc., which owns and operates the ShiftDesk platform (“ShiftDesk”, “we”, “us”, the “Service”), and the business that registers for or uses the Service (“Customer”, “you”, “Shop”). By creating an account, clicking “I agree”, or using the Service, you accept these Terms. If you accept for a business, you represent you are authorized to bind it.

IMPORTANT — PLEASE READ. ShiftDesk is EXPERIMENTAL SOFTWARE, is provided “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, and is SUBSTANTIALLY DEVELOPED USING ARTIFICIAL INTELLIGENCE (AI), INCLUDING AI-GENERATED CODE AND AI-POWERED FEATURES WHOSE OUTPUT MAY BE INACCURATE OR INCOMPLETE. By using the Service you acknowledge its experimental nature and agree that YOU USE IT ENTIRELY AT YOUR OWN RISK AND ASSUME FULL RESPONSIBILITY for your use, your data, and any decisions you make based on the Service or its output. ShiftDesk’ total liability is strictly limited (see §14), you waive a jury trial and agree to binding arbitration on an individual basis (see §19), and the Service is for business use only. If you do not accept this allocation of risk, do not use the Service.

1. The Service

ShiftDesk is a multi-tenant, cloud-based shop-management platform for auto service shops. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during your subscription, solely for your internal business operations, subject to these Terms and your plan’s limits (including seat/user limits). We reserve all rights not expressly granted.

2. Accounts, eligibility & business use

You must provide accurate registration information, keep credentials secure, and are responsible for all activity under your account and your users’ accounts. You represent and warrant that you are using the Service solely for business and commercial purposes and not as a consumer; the Service is offered only to businesses and is not directed to consumers. You must be able to form a binding contract.

3. Plans, trials, fees & billing

Plans / add-ons are offered with the features and limits described at purchase; some items may be usage-metered (e.g., certain AI or messaging features).
Trials & comped access are provided at our discretion and may be changed or ended at any time; access ends when the trial/comp period ends.
Fees for paid subscriptions are billed in advance and recurring via our payment processor (Stripe), are non-refundable except where required by law, and you authorize recurring charges. Fees are exclusive of taxes, for which you are responsible.
Auto-renewal & cancellation. Paid subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current rate, and you authorize the recurring charge, unless you cancel before the renewal date. You may cancel at any time from your account settings or by emailing support@shiftdesk.ai; cancellation stops future renewals and takes effect at the end of the current paid period. Our standard free trial requires no card and does not automatically convert to a paid plan or charge you.
We may change fees or features on prospective notice (effective at renewal).
On non-payment or lapse, we may, but are not required to, provide a grace period before reducing access to read-only or suspending it.

4. Customer Data & your customers’ data

You own the data you and your users submit (“Customer Data”), including records about your customers and vehicles. We process Customer Data only to provide and maintain the Service, per the Privacy Policy. We do not sell Customer Data. You are responsible for the accuracy and lawfulness of Customer Data and for having any notices/consents required to provide it to us and to communicate with your customers (e.g., review requests, reminders, receipts), and you will comply with applicable privacy and anti-spam laws. We may use aggregated and de-identified data (which identifies neither you nor any individual) to operate and improve the Service.

5. Acceptable use & suspension

You will not: (a) resell or provide the Service to third parties except your own authorized users; (b) reverse engineer, copy, or create derivative works of the Service; (c) upload unlawful, infringing, or malicious content; (d) probe, overload, or disrupt the Service or its security; or (e) use the Service to violate any law or third-party right. We may suspend or limit access — without liability — for actual or suspected violation, non-payment, security risk, or legal compliance.

6. Beta / Experimental Service

You acknowledge the Service is an experimental, evolving, early-stage product that may contain defects, change, or be discontinued, and that features may be added, modified, or removed at any time. The experimental nature of the Service and the fees charged are a material basis for the allocation of risk and limitations in these Terms.

7. AI features

The Service is substantially developed using AI and includes AI-powered features (for example, inspection summaries and VIN/image extraction). AI output may be inaccurate, incomplete, biased, or fabricated (“hallucinated”). You will independently review and verify all AI output before relying on or acting on it. AI features do not provide professional advice and are not a substitute for your own judgment or qualified professionals.

8. Third-party services

The Service relies on third-party providers (hosting, database/auth, payments, email, error monitoring, and AI) listed in our subprocessor list. Your use of features that integrate third parties is at your own risk and may be governed by their terms; we are not responsible or liable for third-party services, acts, or outages outside our reasonable control.

9. Intellectual property; feedback

The Service, software, and all related IP are owned by ShiftDesk and protected by law. Except for the limited right in §1, no rights are granted. You grant ShiftDesk a perpetual, irrevocable, worldwide, royalty-free license to use any feedback you provide without restriction.

10. Confidentiality

Each party will protect the other’s non-public information disclosed in connection with the Service and use it only to perform under these Terms.

11. Term, termination & data handling

These Terms apply while you use the Service. Either party may terminate per the plan; you may cancel to stop future renewals. On termination we may disable access. You are solely responsible for maintaining your own backups of Customer Data. Data export functionality is generally available in-app prior to termination; after a retention window (generally up to ninety (90) days after termination) we may delete Customer Data, per the Privacy Policy. The sections identified in §21 survive termination.

12. Warranties & disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFTDESK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SHIFTDESK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE OR RELIABLE.

No professional advice. The Service is a software tool only and does not provide legal, tax, financial, accounting, automotive-safety, or other professional advice. No data-loss warranty. ShiftDesk is not responsible for any loss or corruption of data; maintaining backups is your responsibility (§11).

13. Assumption of risk; your responsibility

You use the Service entirely at your own risk and assume full and sole responsibility for: your use of the Service and its output; the accuracy, legality, and backup of your Customer Data; your business, pricing, financial, tax, accounting, regulatory, safety, and repair decisions; and all communications you send to your customers. The Shop bears all risks arising from use of the Service.

14. Limitation of liability

To the maximum extent permitted by law:

No indirect damages. ShiftDesk will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost or corrupted data, business interruption, or cost of substitute services, even if advised of the possibility and even if a remedy fails of its essential purpose.
Liability cap. ShiftDesk’ total aggregate liability for any and all claims arising out of or relating to the Service or these Terms will not exceed the subscription fees actually paid by you to ShiftDesk for the one (1) month immediately preceding the event giving rise to the claim; where no subscription fee was paid in that month (e.g., trial or complimentary access), such liability will not exceed USD $50.00. This cap applies in the aggregate and even if a remedy fails of its essential purpose. This allocation reflects the experimental, AI-built nature of the Service and the fees charged and is an essential basis of the bargain.
Carve-outs (these survive the cap, not the reverse). Nothing in these Terms limits or excludes liability for: (a) fraud or fraudulent misrepresentation; (b) gross negligence or willful misconduct; (c) death or personal injury caused by a party’s negligence; (d) a party’s indemnification obligations; or (e) any liability that cannot be limited or excluded under applicable law.

15. Indemnification

You will defend, indemnify, and hold harmless ShiftDesk and its owners, officers, and personnel from and against any and all third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Data; (b) your use or misuse of the Service; (c) your business, financial, tax, or repair decisions or your reliance on the Service or its output; (d) communications you send to your customers; or (e) your breach of these Terms or violation of any law or third-party right. ShiftDesk may, at its option, control the defense with counsel of its choice at your expense, or require you to do so; you will cooperate and may not settle in a way that imposes any obligation or admission on ShiftDesk without its consent. You are not required to indemnify ShiftDesk for ShiftDesk’ own fraud, gross negligence, or willful misconduct.

16. Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, outages, network or third-party/subprocessor failures, labor issues, or government action.

17. Changes to the Terms or Service

We may modify the Service or these Terms; material changes will be notified (email or in-app) and, where we deem appropriate, may require renewed acceptance. Changes apply prospectively; continued use after they take effect is acceptance.

18. No reliance on marketing; precedence

These Terms (with the Privacy Policy and any order form or DPA) are the entire agreement and supersede any marketing, sales, or other statements about the Service. In case of conflict, the order of precedence is: a signed order form, then any DPA, then these Terms, then the Privacy Policy.

19. Dispute resolution — arbitration, class & jury waiver

PLEASE READ — THIS AFFECTS YOUR LEGAL RIGHTS.

Informal resolution. Before filing, a party will give the other written notice and 30 days to resolve the dispute informally.
BINDING INDIVIDUAL ARBITRATION. Any dispute arising out of or relating to the Service or these Terms that is not resolved informally will be settled by binding arbitration administered by JAMS under its Commercial Rules, seated in California, by a single arbitrator. The Federal Arbitration Act governs this agreement to arbitrate.
CLASS-ACTION & REPRESENTATIVE WAIVER. Disputes will be arbitrated only on an individual basis; you waive any right to participate in a class, collective, or representative action. If this class waiver is found unenforceable, the entire arbitration agreement in this §19 is void (and the dispute proceeds in the courts per §20), but no class arbitration is permitted.
JURY-TRIAL WAIVER. To the extent any dispute proceeds in court, each party waives any right to a jury trial.
Injunctive relief carve-out. Either party may seek injunctive relief in court for actual or threatened infringement or misuse of its IP or Confidential Information.
Opt-out. You may opt out of this §19 by emailing support@shiftdesk.ai within 30 days of first accepting these Terms; opting out does not affect the rest of the Terms.

20. Governing law & venue

These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. Subject to §19, the state and federal courts located in California have exclusive jurisdiction.

21. General

Independent contractors. The parties are independent contractors; nothing creates any agency, partnership, employment, or joint venture.
No third-party beneficiaries. These Terms create no rights in any third party (including a Shop’s customers).
Assignment. You may not assign without our consent; we may assign to an affiliate or successor.
Severability & reformation (blue-pencil). If any provision (including any limitation in §§12–15) is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable (and the limitation reduced to the maximum limitation permitted by law) rather than voided, and the remaining provisions remain in full force.
Electronic acceptance & notices. Clicking “I agree” is a binding electronic signature; you consent to receive notices electronically (E-SIGN/UETA).
No waiver. Failure to enforce is not a waiver.
Survival. Sections 4, 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, and 23 survive termination.

22. Electronic communications & text messages (SMS)

Electronic communications. You consent to receive communications from us electronically — including account, transactional, service, billing, and legal notices — by email, through the Service, or by text message, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

Text messages (SMS). If you provide a mobile number or enable text messaging, you consent to receive service and account text messages from ShiftDesk, which may be sent using automated technology. Message and data rates may apply and message frequency varies. Reply STOP to opt out or HELP for help. Consent to texts is not a condition of purchase.

Messages to your customers. Features of the Service let you send messages to your own customers (for example, appointment reminders, review requests, receipts, and promotions). You are solely responsible for obtaining and maintaining every consent required by law — including under the TCPA, A2P 10DLC requirements, and CAN-SPAM — before we send any message to your customers on your behalf, for honoring opt-out requests, and for the content of those messages. You will not use the Service to send unlawful, unsolicited, harassing, or deceptive messages.

23. Export control & sanctions

You will comply with all applicable export control, economic sanctions, and trade laws. You represent that you are not located in, and will not access or use the Service from, any embargoed or restricted jurisdiction, and that you are not identified on any U.S. government list of prohibited or restricted parties. You will not export, re-export, or make the Service available to any such person or jurisdiction.

24. Contact

ShiftDesk · support@shiftdesk.ai