01Parties and Definitions
These Terms of Service ("Terms") govern your access to and use of the SwiftShift platform ("Platform"), operated by Glimps Hospitality LLC ("SwiftShift," "we," "us," or "our"). By creating an account or using the Platform in any way, you ("User") agree to be bound by these Terms.
- "Platform" means the SwiftShift mobile application, website, and all related services.
- "Restaurant Partner" or "Restaurant" means any business or individual who registers to post shift listings.
- "Worker" means any individual who registers to apply for and work shifts through the Platform.
- "Shift" means a single defined work engagement posted by a Restaurant Partner on the Platform, including role, date, time, location, and hourly rate.
- "Service Fee" means the platform fee charged to Restaurant Partners on filled Shifts, as described in Section 8.
02Acceptance of Terms
By downloading the SwiftShift app, creating an account, or accessing any part of the Platform, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, you may not use the Platform.
We may update these Terms at any time. We will notify you of material changes at least 30 days in advance via email or in-app notification. Continued use of the Platform after the effective date of changes constitutes acceptance.
03Eligibility
To use the Platform you must:
- Be at least 18 years of age;
- Have the legal right to work in the United States;
- Provide accurate, complete, and current registration information;
- Not have been previously suspended or permanently removed from the Platform.
Restaurant Partners must additionally hold all required business licenses and permits for their location and type of food service operation.
04Account Registration and Security
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at support@swiftshiftapp.com if you suspect unauthorized access. SwiftShift is not liable for losses resulting from unauthorized use of your account due to your failure to secure your credentials.
You may not create more than one account per person or per business entity. We reserve the right to merge or terminate duplicate accounts.
05Independent Contractor StatusAttorney Review
Workers are independent contractors, not employees. Nothing in these Terms, and no use of the Platform, creates an employment, joint venture, agency, franchise, or partnership relationship between SwiftShift and any Worker, or between any Restaurant Partner and SwiftShift.
Workers are solely responsible for:
- Determining their own work hours within the parameters of a posted Shift;
- Providing their own tools and equipment where applicable;
- Paying all federal, state, and local taxes on income earned through the Platform, including self-employment taxes;
- Carrying any required insurance or licensure for their profession;
- Compliance with all applicable labor and employment laws in their jurisdiction.
SwiftShift does not direct or control the manner in which Workers perform their services. The relationship for each Shift is between the Restaurant Partner and the Worker. SwiftShift provides the technology platform that facilitates their connection.
06Shift Listings — Restaurant Partner Obligations
Restaurant Partners agree to:
- Post Shifts only for genuine, lawful work needs at a physical food service establishment;
- Set hourly rates that comply with all applicable minimum wage laws in the jurisdiction where the Shift takes place;
- Provide accurate descriptions of role, required skills, shift time, and location;
- Not post Shifts with the intent to collect applicant information without genuine hiring intent;
- Honor accepted Shift commitments. Repeated last-minute cancellations will result in suspension or permanent removal from the Platform (see Section 7).
07Cancellation and No-Show Policy
Restaurant Cancellations
- A Restaurant Partner may cancel an unfilled Shift at any time with no penalty.
- A Restaurant Partner may cancel a filled Shift (one with an accepted Worker) more than 4 hours before the Shift start time with no penalty.
- Cancelling a filled Shift with less than 4 hours' notice before start time constitutes a Late Cancellation. The Restaurant Partner's account will be suspended from posting new Shifts for 72 hours and the Worker will be notified immediately.
- A second Late Cancellation by any Restaurant Partner account results in permanent removal from the Platform. Reinstatement requests may be submitted to support@swiftshiftapp.com and are reviewed at SwiftShift's sole discretion.
Worker Withdrawals
- A Worker may withdraw from an accepted Shift more than 24 hours before the Shift start time with no penalty. The Shift slot will reopen.
- Withdrawing from an accepted Shift with less than 24 hours' notice before start time constitutes a Late Withdrawal. The Worker's account will be suspended for 72 hours.
- A second Late Withdrawal results in permanent removal from the Platform. Reinstatement requests may be submitted to support@swiftshiftapp.com and are reviewed at SwiftShift's sole discretion.
No-Shows
A Worker who fails to appear for a confirmed Shift without notice will be treated as a Late Withdrawal and the above suspension schedule applies. Restaurants who experience a Worker no-show should report it through the app within 24 hours of the Shift end time.
08Payment Terms and Service Fees
For Workers: The Platform is free to use. Workers keep 100% of their hourly rate as agreed with the Restaurant Partner for each Shift. SwiftShift charges Workers no platform fee.
For Restaurant Partners: A Service Fee of 10% of the total Shift cost (hourly rate × hours worked) is charged on each successfully completed and confirmed Shift. Posting Shifts and browsing Workers is free. The Service Fee is non-refundable except as provided in Section 11 (Disputes and Refunds).
SwiftShift reserves the right to modify, waive, or discount the Service Fee for individual accounts at its sole discretion, including for beta partners, promotional periods, or other business arrangements.
Payment Processing
All payments are processed by Stripe, Inc. on behalf of SwiftShift. By using the Platform, you agree to Stripe's Terms of Service and authorize SwiftShift to charge your payment method on file. Workers receive payouts to their linked bank account, typically within 1–2 business days following Shift confirmation. SwiftShift does not hold funds beyond the time required for processing.
Restaurant Partners are responsible for ensuring their payment method remains current and valid. Failed payments may result in account suspension until resolved.
09Background Checks and Worker Verification
SwiftShift conducts identity verification on all Workers during the onboarding process. Verification status is displayed on Worker profiles and visible to Restaurant Partners.
SwiftShift does not currently conduct third-party criminal background checks on all Workers. Restaurant Partners are responsible for conducting any additional screening they deem necessary before allowing a Worker onto their premises. SwiftShift makes no warranty regarding the accuracy or completeness of Worker profile information.
Workers consent to identity verification as a condition of platform access.
10Prohibited Conduct
You agree not to:
- Circumvent the Platform — Solicit or accept payment for Shifts arranged through the Platform outside of the Platform's payment system ("off-platform hiring"). Workers and Restaurants found to have completed SwiftShift-originated engagements off-platform will be permanently removed and may be subject to a clawback of the Service Fee.
- Post false, misleading, or fraudulent Shift listings or Worker profiles;
- Harass, discriminate against, or threaten any other User;
- Violate any applicable federal, state, or local law in connection with your use of the Platform;
- Attempt to gain unauthorized access to any part of the Platform or another User's account;
- Use the Platform to collect information about Users for any purpose outside of filling or working Shifts;
- Create fake accounts, reviews, or ratings.
Violations of this Section may result in immediate account termination without notice.
11Disputes and Refunds
If you believe a Shift was not completed as agreed, a Worker no-showed, a charge is incorrect, or another billing issue occurred, contact us at support@swiftshiftapp.com within 7 days of the Shift end date. Include your account information, Shift ID, and a description of the issue.
SwiftShift reviews all disputes and will issue refunds of the Service Fee for verified issues at its discretion. SwiftShift does not guarantee payment of lost wages or other consequential damages to Workers resulting from Restaurant cancellations or no-shows.
12Ratings and Reviews
Both Restaurant Partners and Workers may rate each other following a completed Shift. Ratings must be honest and based on actual experience. Retaliatory, fraudulent, or discriminatory ratings are prohibited and will be removed. SwiftShift reserves the right to remove any rating at its discretion.
13Intellectual Property
The Platform, including its design, code, trademarks, and content, is owned by or licensed to SwiftShift. You may not reproduce, distribute, modify, or create derivative works of any Platform content without prior written consent.
You retain ownership of content you submit to the Platform (profile information, photos, reviews). By submitting content, you grant SwiftShift a worldwide, royalty-free, non-exclusive license to use, display, and distribute that content solely in connection with operating and promoting the Platform.
14Privacy
Your use of the Platform is subject to our Privacy Policy, incorporated into these Terms by reference. We collect, use, and protect your data as described in the Privacy Policy.
15Disclaimers and Limitation of LiabilityAttorney Review
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SWIFTSHIFT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.
SWIFTSHIFT IS A TECHNOLOGY PLATFORM AND MARKETPLACE ONLY. WE ARE NOT AN EMPLOYER, STAFFING AGENCY, OR LABOR CONTRACTOR. WE DO NOT SUPERVISE, DIRECT, OR CONTROL WORKERS. WE MAKE NO WARRANTY THAT ANY SHIFT WILL BE FILLED, THAT ANY WORKER WILL PERFORM SATISFACTORILY, OR THAT ANY RESTAURANT WILL HONOR ITS COMMITMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWIFTSHIFT'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL SERVICE FEES PAID BY YOU TO SWIFTSHIFT IN THE 30 DAYS IMMEDIATELY PRECEDING THE CLAIM, OR (B) $100.
SWIFTSHIFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST WAGES, OR LOSS OF DATA.
16IndemnificationAttorney Review
You agree to indemnify, defend, and hold harmless SwiftShift and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) any Shift performed or posted by you.
17Dispute Resolution — Binding ArbitrationAttorney Review
Any dispute, claim, or controversy arising from or related to these Terms or the Platform ("Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court.
- Exception: Either party may bring a claim in small claims court if the claim qualifies.
- Class Action Waiver: YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. All claims must be brought in your individual capacity only.
- Governing Law and Venue: These Terms and any Dispute are governed by the laws of the State of Michigan, without regard to its conflict-of-law principles. Arbitration proceedings shall take place in Wayne County, Michigan, unless the parties agree otherwise.
- Opt-out: You may opt out of this arbitration clause within 30 days of first accepting these Terms by emailing support@swiftshiftapp.com with the subject line "Arbitration Opt-Out." Opting out does not affect any other provision of these Terms.
18Account Termination
SwiftShift may suspend or permanently terminate your account at any time, with or without notice, for violations of these Terms, fraudulent activity, or for any reason at our sole discretion. You may close your account at any time by contacting support@swiftshiftapp.com.
Upon termination: (a) your right to access the Platform ceases immediately; (b) any pending payouts due to a Worker will still be processed; (c) any open Shifts will be cancelled.
19Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and SwiftShift regarding the Platform.
- Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
- No Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.
- Assignment: You may not assign your rights or obligations under these Terms. SwiftShift may assign its rights without restriction.
- Force Majeure: SwiftShift is not liable for failures caused by circumstances beyond its reasonable control.