Terms of Service

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING SHIFTCOACH, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Acceptance of terms and relationship to Beaucoup Consulting

By accessing or using ShiftCoach ("the Service" or "the Platform"), operated by Beaucoup Consulting ("we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of service

ShiftCoach is a software tool that helps employers document workplace incidents, organize information about employee situations, and receive AI-generated suggestions and coaching prompts. ShiftCoach provides informational and organizational support only.

3. Not legal, HR, or professional advice

Read this section carefully — it governs everything the Service produces. ShiftCoach is not a law firm, HR consultancy, or professional advisory service. Nothing generated, suggested, or displayed by the Service — including AI-generated incident guidance, recommended actions, coaching scripts, escalation prompts, or risk flags — constitutes legal advice, human resources advice, employment law advice, or any other form of professional advice.

The Service's AI-generated suggestions are produced from patterns in the information you provide and general reference material, and do not account for the full specific facts of your situation, your employees' individual circumstances, your state or local employment laws, your company's internal policies, or any applicable collective bargaining agreements, except to the extent you have specifically uploaded such policies for the Service to reference.

You are solely responsible for independently evaluating any AI-generated suggestion, recommendation, or output before acting on it, and for determining whether an action is lawful, appropriate, and consistent with your obligations as an employer. A qualified human — you or someone in your organization — must review and approve any AI-generated recommendation before it is acted upon. The Service does not make employment decisions; you do.

You should consult a qualified employment attorney or licensed HR professional before taking any consequential employment action (including but not limited to discipline, suspension, demotion, termination, wage changes, or accommodation decisions). No use of the Service creates an attorney-client relationship, an HR-consultant relationship, or any fiduciary relationship between you and Beaucoup Consulting.

4. AI-generated content — additional disclosures and limitations

No warranty of accuracy. AI-generated content may be incomplete, inaccurate, outdated, or inapplicable to your specific circumstances. Like all AI systems, the underlying models may occasionally generate incorrect or nonsensical output ("hallucinate"). Beaucoup Consulting makes no warranty, express or implied, regarding the accuracy, completeness, or reliability of any AI-generated content.

Human-in-the-loop requirement. The Service is designed to assist, not replace, human judgment. You agree that no employment decision will be made solely by the Service or its AI features — a human decision-maker within your organization must review AI-generated output before any action is taken based on it.

AI involvement disclosure. Some jurisdictions require employers to disclose when artificial intelligence is used in connection with employment decisions such as discipline, performance evaluation, or termination. If you use AI-generated recommendations from the Service in connection with any employment decision, you are responsible for providing any disclosure or notice to affected employees required by applicable law in your jurisdiction (for example, state laws governing automated employment decision tools). Beaucoup Consulting does not provide this notice to your employees on your behalf unless you have separately arranged for the Service to do so (e.g., via the employee acknowledgment feature).

No liability for AI output. To the maximum extent permitted by law, Beaucoup Consulting disclaims all liability arising from your use of, or reliance on, any AI-generated content, including any decision made or action taken based on that content.

5. User responsibility for employment decisions and compliance

You, and not Beaucoup Consulting, are the employer (or the employer's agent) with respect to your employees. All final decisions regarding hiring, discipline, scheduling, wages, accommodation, and termination are yours alone. You are solely responsible for complying with all applicable federal, state, and local employment laws, including but not limited to the Fair Labor Standards Act, Title VII, the ADA, the FMLA, state wage-and-hour laws, paid sick leave ordinances, and any applicable AI-in-employment disclosure laws. Beaucoup Consulting does not verify, audit, or guarantee that any AI-generated suggestion complies with the laws applicable to your business or location.

6. Incident documentation

Any incident records, notes, or documentation you create using the Service are your own business records. You are responsible for the accuracy, completeness, retention, and lawful handling of this documentation, including compliance with applicable recordkeeping and personnel-file laws in your state. Beaucoup Consulting is not responsible for the accuracy of information entered by you or your team members, nor for how documentation created using the Service is later used, produced, or relied upon (including in litigation, arbitration, or agency proceedings).

7. SMS/text messaging communications

If you or your organization opt in to receive text messages from ShiftCoach, you agree to receive SMS messages related to incident reporting, corrective action documentation, employee acknowledgment requests, exit survey requests, account notifications, and related service communications from ShiftCoach.

Message frequency may vary. Standard message and data rates may apply. Reply STOP to opt out of SMS messages at any time. Reply HELP for help. We will not sell or share mobile information with third parties for promotional or marketing purposes. Consent to receive text messages is not a condition of purchasing any service, except to the extent that certain SMS-dependent features (such as text-in incident reporting) are inherently unavailable without it.

8. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY OF OUTPUT, INCLUDING AI-GENERATED OUTPUT.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEAUCOUP CONSULTING AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM EMPLOYMENT CLAIMS, WRONGFUL TERMINATION CLAIMS, DISCRIMINATION OR RETALIATION CLAIMS, REGULATORY PENALTIES, OR RELIANCE ON ANY AI-GENERATED CONTENT, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Carve-out. Nothing in this Section 9 is intended to, and shall not, limit liability for Beaucoup Consulting's gross negligence, willful misconduct, fraud, or any liability that cannot be limited or excluded under applicable law. If any limitation in this Section is found unenforceable as applied to a particular claim, that limitation shall be reformed to the maximum extent enforceable under applicable law, rather than rendered void in its entirety, and the remaining limitations in this Section shall continue to apply in full. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Scope. These Terms, including this Section 9, govern the relationship between Beaucoup Consulting and the party that has agreed to these Terms (your organization). They do not bind, and are not intended to be enforceable against, your employees or other third parties, who may have independent legal rights and claims not addressed by this agreement. Beaucoup Consulting's exposure to claims brought by non-signatory third parties is not eliminated by this agreement and is addressed through Beaucoup Consulting's own insurance and risk management practices, separate from this contract.

10. Indemnification

You agree to indemnify, defend, and hold harmless Beaucoup Consulting and its owners, officers, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) any employment action or decision you take, whether or not informed by AI-generated content from the Service; (b) your violation of any employment law or regulation, including AI-disclosure requirements; (c) any claim brought by your employee(s) or a government agency related to your use of the Service or your management practices; or (d) your violation of these Terms.

11. No guarantee of outcomes

We make no promise or guarantee that using the Service will prevent workplace incidents, reduce legal risk, avoid litigation, or produce any particular business outcome.

12. Eligibility and account responsibility

You must be at least 18 years old and authorized to act on behalf of your employer to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

13. Data and privacy

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, and store information, including employee-related information you input, and how we handle SMS/mobile information specifically. You are responsible for obtaining any consents required from employees before entering their personal information into the Service or before they receive SMS communications.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice. Sections 3, 4, 8, 9, and 10 survive termination.

15. Modifications to terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. Material changes will be communicated through the Service.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles, except where applicable law requires otherwise (for example, certain state consumer or employee protections may not be waivable by choice of law).

Agreement to arbitrate. Except for disputes that qualify for small claims court, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its rules then in effect, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act.

Class action waiver. You and Beaucoup Consulting agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, collective, or representative action. This waiver applies only to claims between Beaucoup Consulting and the party that agreed to these Terms — it does not apply to, and cannot be enforced against, any third party (including your employees) who is not a party to this agreement.

Scope limitation. This arbitration and class-action-waiver provision applies only to disputes arising directly out of your use of the Service under these Terms. It is not intended to, and does not, extend to unrelated claims or to agreements you may have entered into with Beaucoup Consulting for other, unrelated products or services.

Opt-out. You may opt out of this arbitration agreement by sending written notice to hello@beaucoupconsult.com within 30 days of first agreeing to these Terms. If you opt out, disputes will be resolved in the courts of the State of Washington as described above.

17. Severability and entire agreement

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. These Terms constitute the entire agreement between you and Beaucoup Consulting regarding the Service.

18. Contact

Questions about these Terms can be directed to hello@beaucoupconsult.com.