Shift Terms of Agreement and Privacy Policy
Last Updated: February 9, 2025
I. Terms of Agreement
1. Introduction
Welcome to Shift (“the App”). These Terms of Agreement (“Terms”) govern your use of the App and its associated features and services (“Service”). By accessing or using the App, you agree to these Terms, forming a legal agreement between
you (“User”) and Shift (“we,” “us,” or “our”). Please review these Terms carefully. If you do not agree, please discontinue use of the App.
2. Definitions
Service: Refers to the Shift application and all its functionalities, subscription plans, updates, and associated features.
User (or “you”): Refers to individuals or entities accessing or using the Service.
Content: Includes text, files, data, or materials created, processed, or uploaded through the Service.
Statistics: Refers to aggregated data related to the usage of the Service (such as login activity or feature usage metrics) that do not include the Content created or processed by the User.
3. Account Registration and Security
3.1. Creating an Account
To use the Service, you must create an account with accurate and current information, including a valid email address.
3.2. Your Responsibilities
You are responsible for safeguarding your account credentials, notifying us of any unauthorized access, and keeping your account information accurate and updated.
3.3. Account Suspension or Termination
We may suspend or terminate your account if these Terms are violated, fraudulent activity occurs, or misuse of the Service is detected.
4. Data Storage and Privacy
4.1. Content Storage
Shift is designed with your privacy in mind. The App does not store your Content or any data generated through your use of the Service—such as text, code, or prompts—except for anonymized usage statistics and essential authentication information.
Most data is stored locally on your device.
4.2. Login and Statistics Data
We may collect and store:
- Login information to authenticate your access to the App.
- Usage statistics (e.g., features used, session duration, error reports) to help improve the Service.
4.3. Data Transmission and Processing of Prompts
While the majority of your data remains local, certain data—specifically, the prompts you submit to generate API requests—are transmitted to our Google Firebase servers. These prompts are then processed via third-party AI providers, including
OpenAI, Gemini, Claude, and Groq, to generate responses. We take reasonable measures to secure these transmissions and ensure that such data is used solely for processing your API requests and delivering AI-generated outputs.
4.4. Privacy and Data Protection
We prioritize your privacy and ensure that no personal or Content data is transmitted or stored on our servers unless explicitly stated. For the limited data that is transmitted, we employ industry-standard security measures to protect
your information.
5. Subscription and Payment
5.1. Subscription Plans
The Service is available through subscription plans that offer specific features and usage limits.
5.2. Payment
You agree to:
- Pay applicable fees and maintain up-to-date payment details.
- Authorize us to charge recurring subscription fees to your selected payment method via our payment processor (Stripe).
5.3. Usage Fees
In addition to the fixed subscription fee, you will be invoiced for additional usage fees based on your actual use of the Service. At the end of each month, we will calculate the usage fee corresponding to your consumption of the Service
and charge this fee alongside your subscription fee. You can view your current live usage fee at any time in the "Usage" section of the App.
5.4. Refund Policy
Subscription and usage fees are generally non-refundable unless required by law.
5.5. Pricing Adjustments
We may update prices, subscription features, or usage fee calculations with prior notice. Continued use of the Service after changes indicates your acceptance.
6. Acceptable Use
6.1. Prohibited Activities
You agree not to use the Service for unlawful activities, to infringe on intellectual property rights, or to distribute harmful content.
6.2. Monitoring
We do not actively monitor user activity or Content, as no Content is stored on our servers.
7. Intellectual Property
7.1. Ownership
We retain all rights to the Service, including its software, design, and functionality.
7.2. Your Content
Your Content remains stored locally on your device and is not uploaded or transmitted to our systems.
8. AI Model Use
8.1. Third-Party Models
The App integrates with AI models provided by third parties. These tools operate either locally on your device or within their respective frameworks, and your Content is not permanently stored by us during this process.
8.2. User Responsibility
AI-generated outputs require your review and validation. You are responsible for the appropriate use of these outputs.
9. Limitation of Liability
The Service is provided “as is” without warranties. We are not liable for any direct, indirect, incidental, special, or consequential damages arising from or related to your use of the Service, including damages for lost profits, lost
data, or business interruptions.
10. Changes to Service and Terms
We may modify the Service or these Terms, providing reasonable notice for significant changes. Continued use of the Service after modifications indicates your acceptance of the new Terms.
11. Termination
You may terminate your account at any time. Upon termination, your access to the Service ceases, and any data stored locally on your device remains under your control.
12. Indemnification
You agree to indemnify and hold Shift harmless against any claims arising from your use of the Service.
13. Governing Law and Jurisdiction
These Terms are governed by the laws of the jurisdiction in which our business operates. As our company is based in Montreal, Canada, any legal actions must be brought in the appropriate courts in that jurisdiction, except where international
law applies.
14. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
15. Force Majeure
We are not liable for delays or failures in performance caused by events beyond our reasonable control.
16. No Waiver
Failure to enforce any right under these Terms does not constitute a waiver of that right.
17. Entire Agreement
These Terms, together with the Privacy Policy (set forth below) and any referenced policies, constitute the entire agreement between you and Shift regarding the Service.
18. Contact Us
For questions or feedback regarding these Terms, please contact our support team at:
Email: contact@shiftappai.com
19. Acknowledgment
By using the Service, you confirm that you have read and agree to these Terms.
II. Privacy Policy
1. Introduction
This Privacy Policy explains how Shift collects, uses, discloses, and safeguards your information when you use our desktop application and associated services. Shift is developed and operated by a company based in Montreal, Canada, and
is offered internationally. By using the App, you agree to the practices described herein.
2. Information We Collect
2.1 Personal Information
When you create an account or subscribe to our service, we may collect personal information, including:
- Your name
- Your email address
- Payment details (processed securely by our third-party provider, Stripe)
- Any other information you voluntarily provide (e.g., through customer support or feedback)
2.2. Usage and Device Information
We collect non-personally identifiable information to help us improve the App, including:
- Login and authentication data
- Usage statistics (such as features used, session duration, and error reports)
- Device information (operating system, device type, and app version)
2.3. Local Data Storage and Transmission of Prompts
Shift is engineered to process and store most data—such as text, code, and user-generated content—locally on your device. However, certain data, specifically the prompts you submit to generate API requests, is transmitted to our Google
Firebase servers. On these servers, your prompts are processed and relayed to third-party AI providers (including OpenAI, Gemini, Claude, and Groq) to generate responses. We take reasonable measures to secure these transmissions and
use this data solely for processing your API requests and delivering AI-generated outputs.
2.4. Analytics
We integrate Google Analytics within the App to collect anonymized data about user interactions. This information helps us understand usage patterns and improve our services. No personally identifiable information is collected through
these analytics beyond what is necessary for aggregated performance insights.
3. How We Use Your Information
We use the collected information for purposes including, but not limited to:
- Service Provision: Operating, monitoring, and enhancing the App’s functionality.
- Account Management: Processing registrations, managing subscriptions, and handling payments.
- Improvement and Innovation: Analyzing usage trends to refine and improve our features and user experience.
- Communication: Sending notifications, updates, support messages, and occasional promotional communications related to Shift.
- Security: Monitoring for and preventing fraudulent or unauthorized activities.
4. How We Share Your Information
We do not sell or rent your personal information. We may share your data only under limited circumstances:
- With Trusted Third-Party Service Providers:
- Payments: Stripe processes payment information on our behalf.
- Support and Analytics: HelperHat and Google Analytics assist in providing customer support and performance insights.
- API Processing: Google Firebase servers process your API requests and relay them to third-party AI providers.
- For Legal Reasons: We may disclose your information if required by law, regulation, legal process, or governmental request.
- Business Transfers: In connection with any merger, acquisition, or sale of assets, your information may be transferred to the successor entity, provided that such entity agrees to maintain the confidentiality of your
information in accordance with this Privacy Policy.
5. Data Storage and Security
We take reasonable measures to protect your information from unauthorized access, alteration, disclosure, or destruction. Although we employ industry-standard security protocols, no electronic storage or transmission method is completely
secure. Since most data is stored locally on your device, the risks associated with remote breaches are minimized; however, you are responsible for the security of your account credentials and device.
6. Cookies and Tracking Technologies
While the Shift desktop App itself does not rely on cookies, our website may use cookies and similar technologies to:
- Enhance your browsing experience
- Analyze site traffic
- Gather aggregated usage data
Additionally, our integration of Google Analytics in the App collects anonymized data for performance monitoring. You can adjust your cookie settings via your browser preferences.
7. Third-Party Services and Disclaimers
Shift uses third-party services (such as Stripe for payments, Google Analytics for data analysis, and Google Firebase for processing API requests). We are not responsible for the privacy practices or content of these third-party services.
Their use is governed by their respective privacy policies. By using the App, you acknowledge and agree that these third parties may have access to certain information as described above.
8. Your Rights and Choices
Depending on your jurisdiction, you may have certain rights regarding your personal data, including:
- The right to access, correct, or delete your personal information
- The right to restrict or object to certain data processing activities
- The right to request data portability in a commonly used format
To exercise these rights or if you have questions regarding your personal data, please contact us at:
Email: contact@shiftappai.com
9. International Users
Although our business is based in Montreal, Canada, Shift is offered internationally. If you access the App from outside Canada, please be aware that your data may be transferred to, stored, and processed in Canada or other countries where
our servers are located. By using the App, you consent to such transfers.
10. Changes to This Privacy Policy
We may update this Privacy Policy periodically to reflect changes in our practices or legal requirements. When updates occur, we will revise the "Last Updated" date at the top of this document. We encourage you to review this Privacy Policy
regularly.
11. Contact Us
If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:
Email: contact@shiftappai.com
By using Shift, you acknowledge that you have read, understood, and agree to both the Terms of Agreement and this Privacy Policy.