Terms of Service

ShiftCura is a technology marketplace that connects healthcare employers ("Employers") and independent healthcare caregivers ("Caregivers"). ShiftCura is not a staffing agency, nurse registry, or employer of any kind.

ShiftCura does not employ Caregivers and does not exercise control over the manner, method, or means by which Caregivers perform services. Users transact directly with one another; ShiftCura facilitates the connection between parties and manages payment processing on their behalf.

By using the ShiftCura platform, you acknowledge and agree that ShiftCura serves solely as a technology intermediary and marketplace facilitator.

To use ShiftCura, you must meet the following requirements:

• Employers must be legally registered businesses in good standing within their jurisdiction of operation.
• Caregivers must hold valid, current professional credentials (licenses, certifications) appropriate for the services they intend to provide.
• All users must be at least 18 years of age.

ShiftCura reserves the right to request documentation to verify eligibility at any time. Failure to provide requested documentation may result in account suspension or termination.

Caregivers who use the ShiftCura platform are independent contractors, not employees of ShiftCura or any Employer using the platform.

As independent contractors, Caregivers are solely responsible for:

• All federal, state, and local tax obligations, including self-employment taxes
• Obtaining and maintaining their own health insurance, liability insurance, and any other benefits
• Maintaining all required professional licenses and certifications in good standing
• Compliance with all applicable laws and regulations governing their professional practice

Employers using ShiftCura are solely responsible for the following:

• Maintaining full regulatory compliance with all applicable healthcare staffing laws and regulations
• Keeping accurate hiring and engagement records as required by law
• Ensuring all engagements with Caregivers comply with federal, state, and local employment law
• Independently verifying that Caregivers meet all facility-specific standards and requirements before engagement

ShiftCura's credential verification features are provided as a platform courtesy only and are not a substitute for the Employer's own due diligence obligations. Employers may not rely solely on ShiftCura's verification status when making staffing decisions.

• Employers are charged when a Caregiver accepts a posted shift. Payment is processed via Stripe and held by ShiftCura in escrow.
• Funds are released to the Caregiver upon Employer confirmation of shift completion.
• ShiftCura charges a 10% platform fee on all shift transactions, deducted from the total shift amount before Caregiver payout. For coverage-needed (replacement) shifts, the platform fee is reduced to 7% to incentivize rapid coverage.
• Subscription fees are non-refundable once the billing period has commenced.
• Disputed payments will be held pending review. ShiftCura will make reasonable efforts to resolve disputes promptly.

Caregiver Cancellations:

• 36+ hours before shift: Free cancellation, no penalty.
• 12-36 hours before shift: Cancellation warning recorded. Shift visibility may be reduced.
• 4-12 hours before shift: Suspension warning recorded. Shift visibility reduced.
• Less than 4 hours before shift: Suspension warning. A repeat critical cancellation within 30 days results in automatic temporary suspension.
• No-show (failure to clock in): Immediate suspension warning and reliability impact.
• Two or more cancellation warnings within a 30-day period will result in a strike. Accumulated strikes may lead to temporary suspension (5 days, 10 days, or 30 days, escalating with each occurrence).
• All non-free cancellations affect the Caregiver's shift visibility and reliability score.

Employer Cancellations:

• 24+ hours before shift (or no caregiver assigned): Free cancellation with automatic full refund.
• Within 24 hours (caregiver assigned): Warning recorded. Employers receive up to 3 warnings per 60-day period.
• 4th cancellation within 24 hours in a 60-day window: The full cost of the cancelled shift will be charged to the Employer's payment method on file.
• The 60-day warning counter resets automatically after 60 days of good standing.

Shift Confirmation Requirement:

• Caregivers are required to confirm accepted shifts before the scheduled start time. Confirmation reminders are sent at 36, 24, 12, 8, and 4 hours before the shift.
• If a Caregiver fails to confirm by 4 hours before the shift start, the shift may be reassigned to another qualified Caregiver. Failure to confirm is treated as a cancellation for policy purposes.

ShiftCura connects Employers with qualified healthcare professionals through its marketplace. To protect the integrity of this marketplace:

• Employers agree not to directly hire, contract with, or engage any Caregiver discovered through the ShiftCura platform outside of the platform for a period of 180 days following their most recent shift together on ShiftCura.
• The 180-day period resets with each completed shift between the Employer and Caregiver on the ShiftCura platform.
• If an Employer engages a ShiftCura Caregiver outside the platform in violation of this policy, a Direct Hire Fee of $2,000 will be charged to the Employer's account.
• If the Direct Hire Fee is not paid within 30 days of invoice, ShiftCura reserves the right to pursue collection through all available legal remedies, including but not limited to filing suit in the courts of the State of Florida.

This policy exists to sustain the marketplace that enables Employers to find qualified Caregivers quickly. By using ShiftCura, Employers explicitly acknowledge and agree to this policy.

ShiftCura is not liable for the professional performance, conduct, or actions of any Caregiver or Employer using the platform. This includes, but is not limited to, the quality of care provided, workplace injuries, professional misconduct, or any damages arising from engagements facilitated through the platform.

To the maximum extent permitted by law, ShiftCura's total liability is limited to the platform fees paid by the user in the preceding 30 days.

ShiftCura may, at its sole discretion, mediate disputes between Employers and Caregivers. ShiftCura is under no obligation to mediate and may decline involvement in any dispute.

When ShiftCura does mediate a payment dispute, its final payment decisions are binding on all parties. By using the platform, you agree to accept ShiftCura's determination in payment-related disputes.

ShiftCura may suspend or terminate any user account at its sole discretion for reasons including, but not limited to:

• Violation of these Terms of Service
• Fraudulent activity or misrepresentation
• Behavior deemed harmful to other users or the integrity of the platform
• Repeated cancellations or pattern abuse
• Failure to maintain required credentials or licensure

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action arising from or related to the use of the ShiftCura platform shall be brought exclusively in the courts of the State of Florida.

For questions or concerns regarding these Terms of Service, please contact us at:

legal@shiftcura.com