Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Smart Scheduler platform (the "Service") operated by Smart Scheduler ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Accounts and Registration

1.1 Account Creation

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all responsibility for activities under your account
• Immediately notify us of any unauthorized use of your account

1.2 Organization Accounts

Organization administrators are responsible for managing user accounts within their tenant/organization, including adding and removing users, assigning roles, and managing permissions. The organization account owner is responsible for all activity under their organization's account.

1.3 Account Security

You are responsible for safeguarding your password. We recommend using a strong, unique password and enabling two-factor authentication when available. We cannot and will not be liable for any loss or damage arising from your failure to maintain account security.

2. User Responsibilities

As a user of Smart Scheduler, you agree to:

2.1 Accurate Information

• Provide accurate shift details, including time, location, and requirements
• Ensure client locations are correctly geocoded with proper addresses
• Update shift information promptly if changes occur
• Maintain accurate staff certifications and availability

2.2 GPS and Location Data

• Enable location services when clocking in and out of shifts
• Not attempt to spoof, falsify, or manipulate GPS location data
• Clock in and out from the designated shift location
• Report any GPS accuracy issues immediately to administrators

2.3 Professional Conduct

• Use the Service only for lawful purposes related to staffing and shift management
• Respect the privacy and confidentiality of clients and staff
• Not harass, abuse, or harm other users
• Comply with all applicable laws and regulations

3. Service Description

3.1 Platform Features

Smart Scheduler provides a multi-tenant SaaS platform for healthcare staffing management, including:

• Shift creation, scheduling, and assignment
• GPS-verified clock-in and clock-out
• Digital signature capture
• Real-time notifications (email, SMS, push)
• Timesheet and billing report generation
• Staff marketplace for shift applications
• WebSocket real-time updates
• Multi-channel communications

3.2 Service Availability

We strive to maintain 99.5% uptime but cannot guarantee uninterrupted access to the Service. We may suspend or restrict access for maintenance, updates, or other operational reasons. We will provide advance notice when possible.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

4. Subscription and Payment

4.1 Subscription Plans

Smart Scheduler offers various subscription plans with different features and pricing tiers (Starter, Professional, Enterprise). Current pricing is available at smartscheduler.com/pricing.

4.2 Free Trial

New customers receive a 30-day free trial with full access to features. No credit card is required to start the trial. At the end of the trial period, you must select a paid plan to continue using the Service.

4.3 Billing

• Subscriptions are billed monthly or annually based on your selected plan
• All fees are in U.S. dollars and exclude applicable taxes
• You authorize us to charge your payment method automatically each billing period
• Failure to pay may result in account suspension or termination

4.4 Refunds

Subscription fees are non-refundable except as required by law or as explicitly stated in your subscription agreement. If you cancel your subscription, you will retain access until the end of your current billing period.

4.5 Price Changes

We may change subscription prices at any time with 30 days' advance notice. Price changes will apply to the next billing cycle following the notice period.

5. Intellectual Property

5.1 Our Intellectual Property

The Service and its original content (excluding user-generated content), features, and functionality are owned by Smart Scheduler and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Your Data

You retain all rights to the data you input into the Service, including shift information, staff details, client information, and generated reports. You grant us a limited license to use, store, and process your data solely to provide the Service to you.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you.

6. Prohibited Uses

You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To exploit, harm, or attempt to exploit or harm minors in any way
• To transmit any advertising or promotional material, spam, or junk mail
• To impersonate or attempt to impersonate the Company, employees, other users, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To interfere with or circumvent the security features of the Service
• To introduce viruses, trojans, worms, or other malicious code
• To attempt to gain unauthorized access to any portion of the Service
• To falsify GPS location data or circumvent geofencing controls
• To scrape, data mine, or use automated systems to extract data from the Service
• To reverse engineer, decompile, or disassemble any aspect of the Service

7. Data Accuracy and GPS Verification

7.1 GPS Accuracy

While we use industry-standard GPS geofencing technology (PostGIS with configurable radius 100-5000m), GPS location data can be affected by various factors including device hardware, signal interference, atmospheric conditions, and building structures. We cannot guarantee 100% accuracy in all circumstances.

7.2 Admin Override

Administrators may override GPS restrictions in cases of technical issues or exceptional circumstances. All overrides are logged with timestamp, admin ID, and reason for audit purposes.

7.3 No Warranty

Important: The GPS verification feature is provided "as is" without warranty of any kind. We are not liable for any disputes, payroll issues, or legal matters arising from GPS verification failures or inaccuracies.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL SMART SCHEDULER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES RESULTING FROM GPS INACCURACIES OR GEOFENCING FAILURES
• DAMAGES RESULTING FROM RELIANCE ON THE SERVICE FOR COMPLIANCE WITH LAWS OR REGULATIONS
• DAMAGES RESULTING FROM ANY OTHER MATTER RELATING TO THE SERVICE

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless Smart Scheduler and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your violation of any rights of another party
• Your use or misuse of the Service
• Your employment or contractor relationships with staff members
• Any disputes between you and your staff, clients, or third parties

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us or using the account cancellation feature in your settings. Upon cancellation, your access will continue until the end of your current billing period.

10.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• At our sole discretion without reason

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will provide you with an opportunity to export your data within 30 days of termination. After 30 days, we may permanently delete your data.

11. Changes to Terms of Service

We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our platform at least 30 days before the new terms take effect. Your continued use of the Service after the effective date constitutes acceptance of the new Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in San Francisco, California.

13. Contact Us

If you have any questions about these Terms, please contact us: