preshifter terms of service

PRESHIFTER LLC’S TERMS OF SERVICE

INTRODUCTION

Welcome to PreShifter, a comprehensive app designed specifically for the restaurant industry to streamline team communications, daily operational updates, and task management. PreShifter enables restaurant managers, owners, and staff to collaborate effectively through team administrative tools, real-time messaging, pre-shift operation builders, and menu management capabilities. Whether assigning tasks, publishing important announcements, or enhancing operational efficiency, PreShifter offers an integrated platform to improve restaurant operations and foster team cohesion.

PreShifter is developed and operated by PRESHIFTER LLC, a company dedicated to creating innovative solutions for the restaurant industry. We aim to provide powerful, user-friendly tools for seamless restaurant team management and communication. PRESHIFTER LLC is a legally registered business with its principal place of business located at 418 Broadway, Suite 5958, Albany, NY 12207

By accessing and using the PreShifter app, you (“User”) agree to be bound by these Terms of Service (“Terms”). These Terms govern your use of the PreShifter app, including all content, features, and services it offers. If you disagree with these Terms, you may not access or use the PreShifter app.

By creating an account, either as an employee/teammate or an admin/restaurant owner, and using the services offered, you confirm that you have read, understood, and accepted these Terms. PRESHIFTER LLC reserves the right to modify, update, or replace any part of these Terms at its sole discretion. You will be notified of any changes, and your continued use of the app after such modifications signifies your acceptance of the revised Terms. If you disagree with any modifications, you should discontinue using the PreShifter app.

USER ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 User Eligibility Criteria

To access and use the PreShifter app, users must be at least 18 years old or the age of majority in their jurisdiction to create an account and use the services provided by PreShifter. If you are under 18 years old, you may not register for an account or use the app. Users must comply with all applicable laws and regulations while using the app and must not use the app for any unlawful purposes.

The app is intended for use by restaurant industry employees, including, but not limited to, restaurant owners, managers, and staff members.

2.2 Account Creation and Responsibilities

To use the PreShifter app, users must create an account by providing accurate and complete information during registration.

You must provide valid and up-to-date personal information, including your first and last name, username, email address, and other details as required by the app’s registration process. Inaccurate or incomplete information may result in suspension or termination of your account.

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify PreShifter immediately of any unauthorized use of your account or any other security breach. PRESHIFTER LLC is not liable for any loss or damage arising from your failure to protect your account information.

Each user is permitted to have one account tied to their personal information. Admins and employees can only create multiple accounts for the same person if PreShifter authorizes them.

2.3 User Role Assignment and Management

PreShifter offers distinct roles with specific access permissions and functionalities:

a. Admin Role Creation: The account creator becomes the admin when creating or registering a restaurant within the PreShifter app. This role includes managing team members, editing or deleting content, approving or denying pre-shift items, and accessing additional management features. Only one admin can be per restaurant, and this role may only be transferred or reassigned with explicit permission from PreShifter.

b. Employee/Teammate Role: Individuals who join a restaurant team through an invite or approval by the admin assume the role of Employee/Teammate. This role provides access to key features, including viewing team chats, interacting with pre-shift and menu management functionalities, and contributing content. Employees are expected to use the app for restaurant-related purposes only and adhere to all usage guidelines established by the Admin.

c. Role Modifications and Termination: The Admin has full authority to modify user roles, approve or deny join requests, and suspend or terminate users’ access to the restaurant’s PreShifter account. Any changes to user roles must comply with these Terms and be made in good faith to facilitate operational efficiency and team collaboration.

2.4 Profile Privacy Settings

Users may opt to set their profiles to private within the app. Private profiles are not visible in search results, and only pre-approved connections such as restaurant team memberships or authorized individuals can view such profiles. Users are solely responsible for managing this setting and ensuring it aligns with their intended use of the app. PRESHIFTER LLC does not guarantee that private profiles will prevent all unauthorized access and is not liable for breaches arising from misuse of this feature.

SCOPE OF SERVICES

3.1 Team Admin Tools

The PreShifter app provides robust tools for Admins (typically restaurant owners or managers) to manage their restaurant teams effectively. These tools include:

a. User Management: Admins can search for employees who have created accounts with PreShifter by name. This search functionality provides results, including the employee’s image, first and last name, and username. Admins may invite employees to join the restaurant’s team or respond to join requests sent by employees.

b. Invitation Management: Admins can accept or decline employee requests to join the team. Once accepted, the employee becomes part of the admin’s team and gains access to various features of the PreShifter app.

c. Teammate Removal: Admins can remove employees from the team anytime, terminating their access to the restaurant’s content and app features.

3.2 Team Chat Features

The Team Chat operates as a centralized message board where all teammates, including the admin, can share text-based messages and images. All communications are visible to the entire team, with no one-to-one messaging functionality.

Admins can delete or clear the chat history to maintain an appropriate communication environment. Users are encouraged to engage respectfully and comply with the Acceptable Use Policy outlined in these Terms.

3.3 Pre-shift Builder Functionality

The Pre-shift Builder feature allows Admins to communicate daily operational updates and important information to their teams.

Admins can publish a range of pre-shift items, including—but not limited to—menu changes, section and table assignments, prep lists, staff schedules, reservation counts, point-of-sale updates, sales forecasts, policy changes, upcoming events, and other key announcements. Employees can view these items in real time.

Employees can submit their pre-shift items for consideration. The admin may approve or deny all submissions.

3.4 Menu Management Capabilities

Admins can create, read, update, and delete menu items. Menu item details include images, names, descriptions, prices, allergens, ingredients, and recipes. This comprehensive feature ensures that the restaurant’s menu remains current and easily accessible to all team members.

Employees can propose updates to menu items by creating, reading, or editing entries. All employee changes require Admin approval before being finalized and shared within the app.

SUBSCRIPTION, PAYMENTS, AND BILLING TERMS

4.1 Subscription Plans and Eligibility

The PreShifter app offers various subscription plans determining how many team members (“seats”) an Admin can add to their restaurant team. When an Admin creates a restaurant within the app, they can choose a subscription plan that matches the intended team size.

Users can select from monthly or annual plans at different price points. Current offerings include:

Monthly Plan: $79.99 per month for up to 20 seats.
Yearly Plan: $849.99 per year for up to 20 seats.

All subscriptions are managed via Apple’s App Store. Payments are processed using the payment method linked to the user’s Apple ID, and PRESHIFTER LLC does not handle or have direct access to payment details.

We reserve the right to adjust subscription rates or introduce new tiers. Any price changes will affect new subscriptions or renewals and will be communicated to current subscribers in accordance with App Store policies.

4.2 Payment Terms

Subscription fees must be paid in advance and are generally non-refundable unless otherwise required by law or outlined by Apple’s App Store policies.

By subscribing, you authorize Apple to charge the subscription fee to your Apple ID payment method at the start of each billing cycle. Subscriptions automatically renew unless you cancel before the end of the current billing period.

Fees are listed in U.S. Dollars, but local currencies may be displayed depending on your region. The user is responsible for any additional fees or charges imposed by Apple, banks, or payment processors.

4.3 Automatic Renewal and Cancellation

Your subscription will automatically renew at the end of each billing cycle unless you cancel at least 24 hours before the renewal date. You acknowledge that your payment method will be charged for renewal unless canceled in advance.

Users can cancel their subscriptions through their Apple ID settings. Once canceled, you will retain access to premium features until the end of the current billing period. Per App Store policy, refunds are not provided for any unused portion of the subscription period.

4.4 Changes to Subscription Plans

PRESHIFTER LLC reserves the right to modify subscription tiers, adjust seat limits, or update available features. Any changes will occur at the start of the next billing cycle or renewal. Existing subscribers will be informed of significant changes affecting their current plans or seat limits.

4.5 Free Trials and Promotions

We may provide free trials or limited-time promotional discounts on subscriptions. Such offers are subject to terms specified at the time and are valid for a limited duration. Free trials and discounts are generally limited to new users or those deemed eligible by PRESHIFTER LLC. Abuse or misuse of these offers may lead to cancellation or revocation.

If a free trial converts to a paid subscription, billing will commence automatically upon the trial’s end unless canceled beforehand through Apple’s subscription management system.

4.6 Seat Limits and Overage Policies

Each subscription plan specifies the maximum number of team members (seats) an Admin can add. Attempts to exceed this limit may require upgrading to a higher-tier plan. In some cases, you may be able to add extra seats beyond your plan’s limit, subject to additional fees. Such fees will be charged at the end of the billing period.

If unauthorized seat additions are detected, PRESHIFTER LLC reserves the right to enforce appropriate changes, such as adjusting your plan or temporarily restricting access.

4.7 Refund Policy

All subscription payments are non-refundable unless otherwise required by applicable laws or specific App Store policies. Any refund inquiries should be directed to Apple’s App Store, as PRESHIFTER LLC does not process refunds directly for subscriptions managed through Apple.

4.8 Failed Payments and Subscription Suspension

If a subscription payment fails, Apple may attempt to process it again or notify you of the issue. Persistent payment issues may result in subscription termination and limited access to features.

Pay must be processed within 10 days of renewal to ensure your subscription is not canceled, leading to restricted access or potential data deletion.

4.9 Taxes

Unless explicitly stated, the fees listed do not include taxes such as VAT, sales tax, or other applicable charges. Taxes are applied according to Apple’s policies or relevant regulations.

4.10 Modifications to Billing and Payment Terms

PRESHIFTER LLC reserves the right to update billing and payment terms. Changes will be communicated with at least 30 days’ notice before taking effect. If you disagree with the new terms, you may cancel your subscription through your Apple ID settings before the changes become active.

By subscribing, you agree to these terms governed by Apple’s App Store policies.

LICENSE GRANT

PRESHIFTER LLC grants you a non-exclusive, revocable, limited license to access and use the PreShifter app for personal and professional purposes strictly related to authorized restaurant or team-related activities. This license is granted solely for your individual use as an Admin or Employee in a restaurant using the PreShifter app. You agree not to:

You may not copy, modify, adapt, translate, decompile, reverse-engineer, or disassemble any part of the PreShifter app or its underlying software except where expressly permitted by applicable law.
You are prohibited from using the app for activities other than authorized ones related to restaurant operations, team management, or tasks outlined within your restaurant team’s context.
You may not sell, resell, lease, or otherwise commercially exploit any part of the app without express written consent from PRESHIFTER LLC.
Your app must comply with all terms and conditions outlined in these Terms of Service. Any unauthorized use may result in the immediate suspension or termination of your access to the app.

PRESHIFTER LLC reserves the right to modify or revoke this license at its sole discretion if it determines that your use of the app violates these Terms or any applicable laws.

USER RESPONSIBILITIES AND CONDUCT

6.1 Acceptable Use Policy

Users of the PreShifter app are expected to adhere to the following guidelines to maintain a productive, respectful, and legally compliant environment:

All interactions and activities within the PreShifter app should relate to the restaurant’s operational needs and goals. Personal, non-work-related usage is discouraged unless expressly approved by the Admin.
Users are responsible for providing and maintaining accurate and up-to-date information when creating or updating their profiles and interacting with app features.
Users must engage respectfully and professionally with other team members in all forms of communication, including messages and content submissions. This includes refraining from offensive, inflammatory, or inappropriate language.

6.2 Prohibited Actions and Conduct

To ensure the effective and proper use of the PreShifter app, users are strictly prohibited from engaging in the following actions:

Posting, transmitting, or sharing content that is abusive, harassing, defamatory, discriminatory, obscene, or otherwise objectionable.
Attempting to gain unauthorized access to other users’ accounts, data, or any restricted areas of the app or underlying systems.
Modifying, deleting, or otherwise interfering with app data or features unauthorizedly.
Sharing or disclosing confidential or sensitive information of the restaurant or other users without appropriate permission.
Introducing viruses, malware, or any other harmful code into the app or engaging in actions that disrupt the functionality, security, or integrity of the PreShifter app or its services.
Using the app to store, share, or distribute content that infringes upon the intellectual property rights of PRESHIFTER LLC, other users, or any third party.

6.3 Compliance with Applicable Laws

Users of the PreShifter app are responsible for ensuring that their use of the app complies with all applicable local, state, national, and international laws and regulations, including but not limited to labor laws, data privacy regulations, and employment standards relevant to their location or role. By accessing and using the PreShifter app, you agree to adhere to any legal obligations that apply to your activities within the app, including any data collection, employee communication, or team management practices.

PRESHIFTER LLC does not monitor or ensure compliance with local laws on behalf of its users. Therefore, it is the user’s sole responsibility, including restaurant owners, managers, and employees, to verify that their use of the app aligns with applicable legal and regulatory requirements within their jurisdiction. Failure to comply with such requirements may result in the suspension or termination of app access at the discretion of PRESHIFTER LLC.

6.4 Guidelines for Internal Communication

To foster an effective and positive communication environment within the app, the following guidelines apply:

All communication within the PreShifter app occurs on a public team chat that is visible to all team members. There is no private, one-to-one messaging functionality. Users are expected to keep all communications appropriate for a public and professional setting.
Admins can monitor, remove, and clear messages or content posted within the team chat. This measure helps ensure that communications remain aligned with the restaurant’s operational goals and maintain compliance with the app’s usage guidelines.
The app’s use outside of regular working hours is entirely voluntary and at the discretion of each user. While it may be used to review menu items, stay updated on announcements, or chat with colleagues, users are not obligated to engage during personal time.

6.5 Reporting Abuse

Users are encouraged to report any abuse, harassment, or inappropriate content encountered within the app through the customer support feature. Reports must be made in good faith and include sufficient details to assist in investigation and resolution.

PRESHIFTER LLC will review all reports and take appropriate actions, which may include warning, suspending, or terminating accounts involved in violations. Users submitting false or malicious reports may face account suspension or termination. Abuse reports are subject to the app’s Privacy Policy and are handled with confidentiality.

CONTENT MANAGEMENT

7.1 User-Generated Content

Users of the PreShifter app, including Admins and Employees, may generate, upload, submit, or share content within the app. This user-generated content encompasses various types of information, including but not limited to:

Messages and Chat Content: Text and images shared by users within the team chat are accessible to all team members.

Operational Submissions: Contributions to pre-shift items by employees are subject to approval or denial by the admin.

Menu Entries: Proposed changes or updates to menu items, including images, names, descriptions, and other details, which may require Admin approval. By submitting any content, users grant PRESHIFTER LLC a non-exclusive, worldwide, royalty-free license to use, display, reproduce, modify, and distribute the content to provide and improve the app’s services. Users are solely responsible for the content they contribute, and they agree not to submit any material that violates applicable laws, infringes on the rights of others, or breaches the app’s Acceptable Use Policy.

7.2 Content Removal and Editing Rights of Admins

Admins have the right to approve, deny, or modify submissions made by Employees. This includes menu changes, pre-shift items, and other contributions to ensure accuracy, relevance, and adherence to restaurant policies.

Admins may delete any user-generated content deemed inappropriate, offensive, irrelevant, or inconsistent with the app’s Terms of Service and Acceptable Use Policy. This includes messages, images, and other submissions shared in the team chat or the app.

Admins can clear chat history as a whole or in part to maintain a clean, compliant, and professional communication environment within their team. Users acknowledge that content may be removed without notice, and the admin’s decision on content matters is final within the app’s context.

7.3 Content Disclaimer

The PreShifter app allows users to create, upload, and share content within their teams, including but not limited to messages, updates, and other user-generated content. While PRESHIFTER LLC does not pre-screen or assume responsibility for the accuracy, reliability, or legality of user-generated content, it reserves the right, at its sole discretion, to moderate, edit, or remove any content that violates these Terms of Service or is deemed inappropriate, offensive, or contrary to the app’s intended use.

You acknowledge that all content users post reflects the views and responsibilities of the individual users who created it. PRESHIFTER LLC shall not be liable for any claims, damages, or disputes arising from user-generated content. Users are solely responsible for their content and must comply with all applicable laws and community standards.

PRESHIFTER LLC reserves the right to suspend or terminate access to any user whose content repeatedly violates these Terms or disrupts the app’s operational environment.

APP USE POLICIES

8.1 Voluntary Use and Expectations Outside of Work Hours

The PreShifter app facilitates effective communication and operational management within the restaurant industry. While users are encouraged to use the app to stay informed and collaborate with their teams, they may also access and use it outside their regularly scheduled work hours for tasks such as reviewing menu items, staying updated on announcements, or engaging with team chat. However, using the app outside work hours is entirely voluntary, and users are not required to engage with it during their time.

Any activities performed outside of work hours, such as reading or responding to messages, are at the user’s discretion and are not mandated or compensated by the employer.

8.2 Communication Policies

All communication within the PreShifter app is visible to the admin and other team members. There is no private, one-to-one messaging capability; all messages and content are shared on a public team chat. Users must know that the admin may monitor all communications to ensure adherence to the app’s Acceptable Use Policy and maintain a positive work environment.

Communications and other content within the app may be logged and retained for operational or record-keeping purposes as determined by the Admin. While there is no specific policy for permanent logging, Admins may choose to preserve or remove certain content at their discretion.

Admins can remove messages, posts, or other content deemed inappropriate, disruptive, or otherwise violating the app’s policies. Users acknowledge and accept that their communications may be edited or deleted to ensure compliance with app guidelines.

SUSPENSION AND TERMINATION OF ACCOUNTS

PRESHIFTER LLC reserves the right to suspend or terminate user accounts and access to the PreShifter app at any time, with or without notice, under the following conditions:

9.1 Grounds for Suspension or Termination

If you violate any provision of these Terms of Service, engage in prohibited conduct, or fail to comply with applicable laws or regulations, PRESHIFTER LLC may suspend or terminate your access immediately. This includes but is not limited to, breaches related to user responsibilities, prohibited content, or improper conduct within the app.

Unauthorized attempts to access or misuse the app, engage in disruptive activities, harass other users, or perform actions beyond your permitted access rights may lead to suspension or termination.

If your app use poses a security threat to PRESHIFTER LLC, its affiliates, or other users, including actions that endanger system integrity, data security, or app functionality, your access may be terminated or suspended to protect our systems and users.

We reserve the right to suspend or terminate inactive accounts for a prolonged period, as determined at our discretion.

9.2 Effects of Suspension or Termination

Upon the suspension or termination of your account:

Your right to access and use the PreShifter app, including all related content and features, will cease immediately.

We reserve the right to delete any data, content, or information associated with your account. However, certain data may be retained in accordance with our data retention policies or applicable legal obligations. Any fees paid for subscriptions, services, or features may be non-refundable, except as required by applicable law or at our sole discretion.

PRESHIFTER LLC has sole discretion over account suspension or termination. We reserve the right to take actions necessary to maintain the app’s safety, integrity, and intended use, including temporary or permanent restrictions, as appropriate.

INTELLECTUAL PROPERTY RIGHTS

10.1 Ownership of Content within the App

All content within the PreShifter app, including but not limited to text, images, logos, trademarks, graphics, software, and other materials, is the property of PRESHIFTER LLC or its licensors and is protected by applicable intellectual property laws. Users acknowledge and agree that all content created and provided by PRESHIFTER LLC, such as the app interface, proprietary features, and underlying software code, remains the sole property of PRESHIFTER LLC. No rights or licenses to this content are granted, except for the limited right to access and use the app in accordance with these Terms.

Users may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any portion of the app’s content except as expressly permitted in these Terms or with prior written consent from PRESHIFTER LLC.

10.2 User Contributions and Rights

Users may contribute content to the PreShifter app, such as messages, pre-shift updates, menu entries, and other user-generated content. By submitting or posting content, users grant PRESHIFTER LLC a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, modify, adapt, and distribute such content to operate and improve the app. The following provisions apply to user contributions:

Users retain ownership of the content they create and share within the PreShifter app, subject to the rights granted to PRESHIFTER LLC as described above.
Users represent and warrant that they have all necessary rights to submit or share the content within the app and that their contributions do not violate applicable laws, infringe on the rights of any third party, or breach these Terms.

All user-generated content is subject to moderation and review by Admins within the app. Admins can modify, delete, or manage user contributions to ensure compliance with the Acceptable Use Policy and maintain operational efficiency.

While PRESHIFTER LLC has the right to use user-generated content as described, it does not claim ownership of such content and respects users’ rights. Subject to any applicable data retention or operational requirements, users may request the deletion of their content.

LIMITATION OF LIABILITY

11.1 Disclaimer of Warranties

The PreShifter app, including all content, features, and services offered, is provided “as is” and “as available” without any warranties, either express or implied. PRESHIFTER LLC makes no representations or warranties regarding any content’s accuracy, completeness, reliability, or timeliness, including user-generated content, menu information, or operational updates available through the app. You acknowledge and agree that such content may contain errors, inaccuracies, or outdated information.

PRESHIFTER LLC expressly disclaims any warranties of fitness for a particular purpose, merchantability, and non-infringement. We do not guarantee that the app will be error-free, uninterrupted, secure, or free from viruses or other harmful components. Your use of and reliance on any content or information made available through the PreShifter app is at your own risk. PRESHIFTER LLC shall not be liable for any damages resulting from such reliance.

To the fullest extent permitted by law, PRESHIFTER LLC disclaims any and all liability for user reliance on app-provided data, including but not limited to scheduling, task assignments, operational details, or other app functionalities.

11.2 Limitation of Liability for Errors, Downtime, and User Misconduct

To the fullest extent permitted by applicable law, PRESHIFTER LLC and its affiliates, directors, officers, employees, agents, partners, and licensors shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages related to loss of profits, goodwill, data, or other intangible losses resulting from your use or inability to use the PreShifter app. This limitation of liability applies regardless of the origin of the claim, whether it arises from errors, bugs, interruptions, or technical malfunctions that impact the app’s functionality or accessibility.

The limitations also cover any data loss or corruption stemming from the use of the app, including issues caused by technical failures, unauthorized access, or other security breaches. PRESHIFTER LLC assumes no responsibility for damages arising from user misconduct, such as violations of these Terms, inappropriate communications, data tampering, or misuse of app features. Additionally, these limitations of liability include any problems resulting from third-party services integrated into the app, such as analytics or data storage.

PRESHIFTER LLC’s total liability for all claims related to the use of the app shall not exceed the total amount paid, if any, by the user to PRESHIFTER LLC for accessing the app’s services during the twelve (12) months preceding the event giving rise to the liability. Certain jurisdictions do not allow the exclusion or limitation of certain liabilities; therefore, some of these limitations may not apply to you. In such cases, the liability of PRESHIFTER LLC shall be limited to the greatest extent permitted by law.

11.3 Employment-Related Liability Limitation

PRESHIFTER LLC provides the app to facilitate communication, operational management, and task coordination within restaurant teams. However, PRESHIFTER LLC is not liable for any employment-related issues, disputes, or claims from using the app. This includes but is not limited to, miscommunications, errors in task assignments, disagreements between team members or between Admins and employees, and disputes over role definitions, responsibilities, or schedules managed through the app.

Users acknowledge that the PreShifter app serves as a platform for communication and management but does not replace employer-employee agreements or labor-related obligations. Any employment disputes, including issues related to labor laws, employee relations, and management decisions, remain solely between the users involved and their respective employers. PRESHIFTER LLC shall not be held responsible for resolving or intervening in employment-related disputes.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PRESHIFTER LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to your use of the PreShifter app in violation of these Terms of Service, applicable laws, or any rights of another party. This includes any user-generated content you create, upload, share, or transmit through the PreShifter app, such as claims of intellectual property infringement, defamation, or violation of privacy rights. Additionally, you agree to indemnify PRESHIFTER LLC for any third-party claims related to your conduct or activities within the app, including disputes, harassment, or conflicts with other users.

PRESHIFTER LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You may only settle the claim with our prior written approval.

DISPUTE RESOLUTION

13.1 Dispute Resolution Process

In the event of a dispute arising out of or relating to the PreShifter app, these Terms of Service, or your use of our services, you agree to the following dispute resolution procedures:

You agree to first attempt to resolve the dispute informally by contacting PRESHIFTER LLC’s support team. Most user concerns can be quickly addressed through open communication and mutual understanding.

If the dispute cannot be resolved through informal means, it shall be resolved through binding arbitration. Arbitration is a more informal way to resolve disputes than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery, and is subject to limited review by courts. You and PRESHIFTER LLC agree that arbitration under these Terms will occur individually; class arbitrations and class actions are not permitted.

The arbitration shall be conducted by a recognized arbitration organization mutually agreed upon by you and PRESHIFTER LLC, and it shall follow the rules and procedures of that organization. Arbitration shall occur at a mutually convenient location or, if no agreement is reached, at a location determined by the arbitrator. The costs of arbitration, including filing fees and arbitrator fees, shall be shared by both parties unless otherwise required by applicable law.

13.2 Class Action Waiver

To the fullest extent permitted by applicable law, you agree that any claims or disputes arising out of or relating to your use of the PreShifter app, these Terms of Service, or any related matter shall be resolved on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. Using the PreShifter app, you waive any right to participate in or bring class, collective, or representative actions against PRESHIFTER LLC.

If this class action waiver is deemed unenforceable or invalid, any class, collective, consolidated, or representative action may only proceed in a court of competent jurisdiction and not through arbitration.

GOVERNING LAW AND JURISDICTION

These Terms of Service and any disputes or claims arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. In the event that arbitration is not required, or in any circumstances where litigation is permitted, you agree that the exclusive jurisdiction and venue for legal proceedings arising from or relating to these Terms or your use of the PreShifter app shall be the state and federal courts located in Albany County, New York.

To the fullest extent permitted by law, you and PRESHIFTER LLC waive any rights to a jury trial for any dispute arising from or related to these Terms or your app use.

SEVERABILITY AND WAIVER

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision will be modified to the extent necessary to make it enforceable while maintaining the intent of the original provision.

The failure of PRESHIFTER LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of PRESHIFTER LLC.

MODIFICATIONS TO THE TERMS OF SERVICE

PRESHIFTER LLC reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the PreShifter app or its services at any time without prior notice. This includes but is not limited to, the introduction of new features, updates to existing functionalities, temporary maintenance, or the permanent removal of specific features or services. While we aim to minimize disruptions and provide timely updates, you acknowledge and agree that PRESHIFTER LLC is not liable for any modifications, suspensions, or discontinuations of the app or its services. When changes are made, we will notify users through one or more of the following methods:

Users may receive notifications of changes when they log in to the app.
Registered users may receive updates via the email address associated with their account.
The most current version of the Terms of Service is always available in the app and our website.

Your continued use of the PreShifter app after any modifications have been made signifies your acceptance of the updated Terms. You must review these Terms periodically to stay informed about any changes.

By continuing to access or use the PreShifter app after the effective date of any changes to the Terms of Service, you agree to be bound by the modified Terms. If you disagree with the modified Terms, you must discontinue using the app immediately. If any modifications materially impact your rights, you can opt-out by ceasing your app use or contacting us for further assistance.

CONTACT INFORMATION

If you have any questions, concerns, or feedback regarding these Terms of Service or any aspect of the PreShifter app, please feel free to contact us using the following information:

Company Name: PRESHIFTER LLC
Address: 418 Broadway, Suite 5958, Albany, NY 12207
Email: legal@preshifter.com

We are committed to responding to all inquiries promptly and effectively.