Terms of Use

1.1 Acceptance of These Terms

By accessing, requesting a sign-in code for, signing in to, or using OptiConverge Shift Scheduler Standard Edition (the "Service"), you agree to these Terms of Use. If you do not agree, do not access or use the Service.

If you use the Service on behalf of a business, organization, employer, team, or other entity, you represent that you have authority to use the Service for that entity and to bind that entity to these Terms.

1.2 Free MVP / Beta Service

The Service is currently provided as a free MVP/Beta version for testing, evaluation, demonstration, and early feedback. The Service may be incomplete, experimental, changed, suspended, limited, or discontinued at any time without prior notice.

The Service is not intended to be the only system you use for creating, approving, publishing, storing, communicating, or managing work schedules.

1.3 What the Service Does

The Service helps users create draft shift schedules based on information, staffing needs, availability, constraints, and other conditions entered by the user. The Service may use scheduling logic, mathematical optimization, automated processing, or related methods to generate schedule suggestions.

The Service does not replace human review, management judgment, labor compliance review, payroll review, employment law review, workplace safety review, or professional advice.

1.4 User Responsibility for Inputs and Outputs

You are responsible for entering accurate and appropriate information into the Service. If your input data, staffing needs, availability, constraints, rules, or assumptions are incomplete, incorrect, outdated, unrealistic, or unsuitable, the generated output may also be incomplete, incorrect, outdated, unrealistic, or unsuitable.

Any schedule, staffing plan, table, result, recommendation, or other output generated by the Service is a draft suggestion only. It is not a final work schedule unless you independently review, edit, approve, and choose to use it.

You are responsible for reviewing, correcting, approving, exporting, communicating, and using any output generated by the Service.

1.5 Labor, Employment, Payroll, and Compliance Responsibility

You are solely responsible for confirming that any schedule, staffing plan, staffing decision, or operational decision complies with all applicable laws, regulations, employment contracts, workplace rules, internal policies, union agreements, qualification requirements, break requirements, overtime rules, wage and hour rules, holiday rules, predictive scheduling rules, minimum staffing requirements, health and safety requirements, and local operational rules.

The Service does not provide legal, labor, employment, payroll, tax, human resources, medical, safety, regulatory, or professional advice. You should consult qualified professionals when necessary.

The Operator is not responsible for any labor dispute, payroll issue, scheduling violation, employee complaint, regulatory inquiry, missed shift, understaffing, overstaffing, compliance failure, workplace issue, or business disruption arising from your use of the Service or reliance on any generated output.

1.6 Account Access and Email Sign-In

The Service may use your email address to send one-time sign-in codes and to verify access. You are responsible for maintaining access to your email account and for protecting any sign-in codes or access credentials.

Do not share one-time codes with others. The Operator is not responsible for unauthorized access caused by your failure to protect your email account, device, browser, sign-in code, or access credentials.

1.7 Acceptable Use

You must not use the Service to:

• violate any law or regulation;
• infringe the rights of others;
• enter unlawful, harmful, confidential, highly sensitive, regulated, or inappropriate information;
• attempt unauthorized access to the Service, servers, accounts, or data;
• interfere with, overload, reverse engineer, scrape, attack, or misuse the Service;
• bypass authentication, rate limits, security features, or access controls;
• use the Service in a way that could harm the Operator, other users, or third parties.

The Operator may restrict, suspend, or terminate access if misuse, abuse, security risk, operational risk, or harmful activity is suspected.

1.8 No Children Under 13

The Service is not directed to children under 13 years of age. Do not use the Service or provide personal information if you are under 13.

If the Operator learns that information from a child under 13 has been collected through the Service, the Operator may delete the information and restrict access.

1.9 Third-Party Services and Links

The Service may rely on or link to third-party services, such as hosting providers, email providers, analytics tools, logging tools, security tools, infrastructure services, or external websites.

The Operator is not responsible for third-party services, third-party content, third-party outages, third-party security incidents, third-party data practices, or third-party terms and policies.

1.10 Intellectual Property

The Service, including its software, design, interface, documentation, branding, and related materials, is owned by the Operator or its licensors and is protected by applicable intellectual property laws.

You may use the Service only as permitted by these Terms. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works from the Service except as allowed by law or with written permission from the Operator.

You retain responsibility for information you enter into the Service. By entering information, you grant the Operator the limited right to process that information as necessary to provide, operate, secure, troubleshoot, and improve the Service, subject to the Privacy Policy.

1.11 Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, the Operator expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of accuracy, completeness, reliability, availability, security, merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free operation, and suitability for your business or operational needs.

The Operator does not warrant that generated schedules, staffing plans, tables, recommendations, or other outputs will meet your requirements, comply with applicable laws, prevent staffing problems, reduce labor costs, improve operations, avoid business losses, or be optimal, complete, correct, lawful, fair, balanced, feasible, conflict-free, or suitable for your organization.

The Operator does not warrant that the Service will be free from bugs, errors, vulnerabilities, security incidents, data loss, unauthorized access, email leakage, service interruptions, or third-party failures.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply only to the maximum extent permitted by applicable law.

1.12 Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Operator be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or similar damages arising out of or related to the Service, even if the Operator has been advised of the possibility of such damages.

This limitation includes, without limitation, damages or losses related to business interruption, operational disruption, lost profits, lost revenue, lost opportunities, schedule errors, missed shifts, staffing mistakes, payroll or labor issues, employee complaints, compliance failures, data loss, email leakage, unauthorized access, service downtime, reliance on generated schedules, or inability to use the Service.

Where applicable law does not allow certain exclusions or limitations of liability, the Operator’s liability will be limited to the maximum extent permitted by law.

Because the Service is currently provided as a free MVP/Beta service, if a monetary cap is required or appropriate, the Operator’s total liability should not exceed the greater of: (a) the amount paid by you to use the Service during the three months before the event giving rise to liability, or (b) USD $100, unless a different minimum amount is required by applicable law.

1.13 Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Operator from and against claims, damages, liabilities, losses, costs, and expenses arising out of or related to your use of the Service, your data, your schedules, your employment or staffing decisions, your violation of these Terms, or your violation of any law or third-party right.

1.14 No Guarantee of Support

The Operator may provide support, updates, fixes, improvements, or responses at its discretion. The Operator does not guarantee any response time, support availability, bug fix, feature improvement, or continued maintenance for the free MVP/Beta version.

1.15 Changes to the Service and These Terms

The Operator may update, modify, suspend, or discontinue the Service or these Terms at any time. Updated terms may be posted on the Service or otherwise made available.

Continued use of the Service after updates means you accept the updated Terms.

1.16 Termination

The Operator may suspend or terminate access to the Service at any time, with or without notice, especially for abuse, security risk, operational reasons, legal reasons, or discontinuation of the free MVP/Beta service.

Upon termination, your right to use the Service will stop. Data may be deleted or become unavailable.

1.17 Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of Japan, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the Tokyo District Court in Japan, unless applicable law requires otherwise.

Nothing in this section is intended to limit any non-waivable rights you may have under applicable consumer protection laws.

1.18 Contact

OptiConverge is the service name used to operate this free MVP/Beta service. For questions about these Terms, the Service, legal notices, security-related inquiries, or other service-related matters, please use the Contact Form provided on the Service.

The Contact Form should be made available from the Service, sign-in related pages, or legal pages. The Operator may update the Contact Form location as the Service changes.