Terms and Conditions
1. Acceptance
These Terms and Conditions (the "Terms") form a binding agreement between SHIFTLY L.L.C-FZ ("Shiftly", "we", "us") and each person or entity (a "User") that accesses or uses the Shiftly website, mobile application, APIs and related tools (together, the "Platform"). By registering for or using the Platform, you agree to these Terms. The Privacy Policy, Cookie Policy and AI and Responsible Hiring Policy are referenced in these Terms and explain how Shiftly handles personal data, cookies and AI functionality. They are transparency notices and do not of themselves create separate contractual warranties.
2. The Platform
2.1 Shiftly provides employment technology, candidate discovery, automated matching and ranking, and recruitment-workflow tools that allow Employers and Talents in the hospitality, food and beverage, and service sectors to connect, evaluate one another and communicate. Shiftly does not act as the agent or representative of either party in negotiating or concluding employment terms, does not negotiate compensation, benefits or start dates on behalf of either party, does not employ or supply workers, and does not make hiring decisions. Employers and Talents contract directly with one another.
2.2 Shiftly is not a party to any employment relationship formed through the Platform and is not an immigration sponsor.
2.3 "Employer" means a business that posts opportunities or searches for candidates. "Talent" means an individual using the Platform to find job and internship opportunities. "Institution" means an educational or training institution granted access for its students under a separate Institution and Minors Addendum. "Content" means any material a User submits to the Platform.
3. Eligibility and registration
3.1 The Platform is for Users aged 18 or over. Individuals under 18 may not self-register.
3.2 Where the Platform is used in connection with students or minors, access is provided only through an Institution or Employer operating under a separate Institution and Minors Addendum, which is responsible for lawful consent, guardian authorisation and safeguarding.
3.3 Employers must be legally registered entities holding valid licences in their jurisdiction. Work eligibility is addressed in clause 12.
3.4 Users must keep their account information accurate and current. Shiftly may request identity or document verification and may suspend or terminate an account for non-compliance, fraud, or legal or security risk.
4. Acceptable use
4.1 Shiftly grants each User a non-exclusive, non-transferable and revocable licence to use the Platform for legitimate hiring or job-seeking purposes.
4.2 Users must not post or apply to false, misleading, unlawful or discriminatory listings; impersonate any person or entity; send spam or phishing messages; scrape or bulk-extract data; reverse-engineer or bypass security controls; share credentials or circumvent usage limits; upload malicious files; interfere with the Platform; or use the Platform for trafficking, exploitation, unlawful recruitment fees or financial scams.
4.3 Shiftly may investigate, remove Content, restrict or suspend access, preserve evidence, and cooperate with competent authorities in response to a suspected breach of this clause.
5. Account security
Users are responsible for safeguarding their credentials and for activity under their account. Any unauthorised access or suspected breach should be reported promptly to support@shiftly.ae. Shiftly is not liable for losses caused by a User's failure to safeguard their credentials.
6. Content and intellectual property
6.1 Users keep ownership of their Content and grant Shiftly a worldwide, royalty-free and sublicensable licence to host, index, display, process and transmit that Content solely to operate and provide the Platform. This licence does not extend to training AI models shared with other customers or third parties. The AI and Responsible Hiring Policy sets out the applicable no-training position.
6.2 Users confirm they are entitled to use the Content they upload and that it does not infringe any third-party right or breach any law.
6.3 The software, design, databases, matching and ranking logic, models and trademarks of the Platform remain the property of Shiftly or its licensors and may not be copied or reused without Shiftly's prior written consent.
7. Employer obligations
7.1 Employers must publish truthful, lawful and non-discriminatory listings and comply with the labour, visa, wage, tax and contract laws that apply where they hire, including the UAE Labour Law (Federal Decree-Law No. 33 of 2021, as amended) when hiring in the UAE.
7.2 Employers must keep candidate data confidential, use it only for legitimate recruitment purposes, and must not contact Talents outside the Platform for non-work purposes.
7.3 Employers must not charge a Talent any fee, deposit or other cost connected with obtaining employment, an interview or a placement, whether directly or disguised as another charge. Breach may result in immediate suspension.
7.4 An Employer that uses Shiftly's matching, ranking, analysis, assessment or interview functionality to evaluate candidates remains responsible for its use of that functionality and for its hiring decisions. The Employer must apply meaningful human oversight, assess candidate suitability independently, must not rely solely on an automated output where the law prohibits it, must not use protected characteristics in screening, and must meet any notice, consent or bias-audit requirement that applies to its use of automated tools.
7.5 Employers are solely responsible for verifying a Talent's right to work, visa and work-permit status before engagement. Shiftly does not verify or guarantee work eligibility (see clause 12).
7.6 Once an Employer exports or downloads candidate data from the Platform, the Employer is solely responsible for securing that copy and for its further use, retention or deletion under applicable law. Shiftly has no control over an Employer's own systems after export.
7.7 Employers must pay the applicable fees in accordance with the Commercial Offer or Order Form for their account.
8. Employer indemnity
To the maximum extent permitted by law, each Employer will indemnify and hold harmless Shiftly, its officers, employees and affiliates against third-party claims, losses, liabilities, damages and reasonable costs, including legal fees, arising from: (a) the Employer's unlawful, discriminatory or misleading listings or hiring criteria; (b) the Employer's breach of labour, wage, visa or immigration law; (c) the Employer charging a Talent a prohibited fee; (d) harassment or unlawful workplace conduct by the Employer; (e) the Employer's unlawful use, export or retention of candidate data, or its failure to give a required candidate notice or obtain a required consent; (f) misuse of the Talent Pool or Shiftly's functionality contrary to clause 7.4 or the AI and Responsible Hiring Policy; and (g) the Employer's Content or instructions infringing a third party's rights. Shiftly will give the Employer prompt notice of any such claim and reasonable cooperation, and the Employer will not settle a claim in a way that admits fault by Shiftly without Shiftly's prior written consent.
9. Talent obligations
Talents must provide accurate profile information, act professionally, and attend confirmed interviews or other agreed recruitment activities punctually, giving notice of any delay or cancellation. Talents are responsible for the accuracy of the information they provide. Information a Talent provides is treated as candidate-declared unless Shiftly or an Employer has marked it as verified. Analytical observations about a Talent's profile, such as insights derived from a CV, are not verified facts and are identified as such where needed to understand their nature.
10. Automated and AI functionality
The Platform uses automated matching and ranking, and may use AI to assist with tasks such as CV parsing, profile analysis and analytical insights. It also offers optional assessment and interview functionality. These are decision-support tools. Shiftly does not use AI to make hiring decisions or to determine on its own whom an Employer must hire or reject. The Platform may apply structured eligibility or workflow rules that an Employer configures. These rules are distinct from AI analysis, and the Employer is responsible for defining and using them lawfully. Where an interview is recorded, transcribed or analysed, this is disclosed to the Talent before the interview begins. Restrictions on biometric identification, emotion inference and other sensitive practices are set out in the AI and Responsible Hiring Policy and apply regardless of any consent given for a related feature.
11. Verification and feedback
Shiftly may request verification of identity, documents or records as described in clause 3.4. Any feedback Shiftly collects between Employers and Talents is used internally for trust and quality purposes and is not displayed publicly.
12. Work eligibility and immigration
Talents are responsible for the accuracy of the information they provide. Employers are solely responsible for verifying a Talent's right to work, visa and immigration status before engagement, under applicable law. Shiftly does not verify work authorisation, does not sponsor or guarantee visas or work permits, and does not guarantee any User's immigration status.
13. No guarantee of outcome
Shiftly does not guarantee employment, candidate quality or availability, Employer responsiveness, an interview, shortlist or hire, candidate performance, or the accuracy of any assessment or automated output. Employers and Talents are responsible for their own verification and judgement before entering into any employment relationship.
14. Fees
Standard access for Talents is free, and Shiftly does not charge Talents any fee connected with obtaining employment. Optional premium features, if offered, are clearly identified and voluntary. Employer plans follow Shiftly's current Commercial Offer or a signed Order Form, which may set applicable plan or usage limits. Payments are processed electronically and may be subject to UAE VAT or other applicable taxes. Late or missing payments may lead to suspension.
15. Data protection
Shiftly processes personal data in accordance with applicable data-protection law, including the UAE Personal Data Protection Law (Federal Decree-Law No. 45 of 2021), and the Privacy Policy, and, for business Customers, a Data Processing Agreement.
16. Compliance
Users must comply with the labour, visa and residency laws that apply where they operate. Unlawful use of the Platform is prohibited and may result in suspension or termination and, where appropriate, cooperation with competent authorities.
17. Service provided "as is"
The Platform is provided "as is" and "as available", without any guarantee of uninterrupted access, hiring outcomes, candidate availability or Employer responsiveness, except where a Service Level Agreement is separately signed with an Employer.
18. Limitation of liability
18.1 Nothing in these Terms excludes liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or for fraud.
18.2 Subject to clause 18.1, and except in cases of gross negligence or wilful misconduct, Shiftly's total liability to a User in connection with the Platform will not exceed the greater of the fees paid by that User to Shiftly in the twelve months before the event giving rise to the claim, or AED 1,000.
18.3 Shiftly is not liable for indirect, incidental, special or consequential loss, including loss of profit or opportunity, except where that exclusion is not permitted by law.
18.4 This clause governs liability under these Terms, the Privacy Policy, the Cookie Policy and the AI and Responsible Hiring Policy, which do not create separate or conflicting liability positions.
19. Suspension and termination
Users may delete their account at any time. Shiftly may suspend or terminate access where reasonably necessary to enforce these Terms, address fraud, abuse, or legal or security risk, or comply with law, with reasonable procedural fairness where feasible.
20. Account deletion
On deletion, Shiftly deletes or anonymises personal data in accordance with the Privacy Policy, except where retention is required for legal, regulatory, accounting, fraud-prevention, security or dispute purposes, or where data remains in encrypted backups pending routine rotation. Deletion does not affect copies an Employer has already exported (see clause 7.6).
21. Changes
Shiftly may update these Terms from time to time. Material changes will be notified by email or in-app notice. Continued use after the effective date constitutes acceptance.
22. General
22.1 Assignment. Shiftly may assign these Terms to a member of its group or to a successor or acquirer, including in a reorganisation, financing or sale of assets, subject to applicable data-protection requirements.
22.2 Regional terms. Where Shiftly publishes terms for a specific jurisdiction, those terms apply to Users in that location and prevail over these Terms to the extent of any conflict.
22.3 Mandatory rights. Nothing in these Terms limits a non-waivable statutory right a User has under the law applicable to them.
22.4 Severability and entire agreement. If a provision is unenforceable, the remainder continues in force. A failure to enforce is not a waiver. These Terms are the entire agreement between the parties on use of the Platform, subject to any signed Order Form or MSA for business Customers, which prevails in case of conflict.
23. Governing law and disputes
23.1 These Terms are governed by the federal laws of the United Arab Emirates as applied in Dubai, together with the Meydan Free Zone regulations.
23.2 Disputes with Employers will be finally resolved by arbitration under the Rules of the Dubai International Arbitration Centre, seat Dubai, one arbitrator, in English.
23.3 Disputes with Talents are subject to the exclusive jurisdiction of the competent courts of Dubai, without prejudice to any mandatory consumer-protection forum available to the Talent under the law applicable to them.
24. Contact
SHIFTLY L.L.C-FZ
Meydan Grandstand, 6th Floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates
General: support@shiftly.ae. Privacy: privacy@shiftly.ae.
