Terms of Service

ShiftCura is a technology platform and online ad board that connects healthcare providers ("Providers"), independent healthcare caregivers ("Caregivers"), and private payers ("Private Payers"). ShiftCura is not a staffing agency, nurse registry, employer, or co-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. The Platform serves solely as a technology intermediary that facilitates the connection between parties and manages payment processing on their behalf.

For private payer placements, ShiftCura partners with a licensed nurse registry to ensure regulatory compliance. ShiftCura itself does not hold a nurse registry license and does not directly place caregivers in private homes.

By using the ShiftCura Platform, you acknowledge and agree that ShiftCura serves solely as a technology facilitator and marketplace, not as a healthcare provider, employer, staffing agency, or nurse registry.

• "Caregiver" (also "Worker") means any healthcare professional (RN, LPN, CNA, HHA, or similar) who creates an account on the Platform to locate and accept shift opportunities.
• "Provider" (also "Agency") means any home healthcare agency, skilled nursing facility, or other licensed healthcare entity that posts shifts on the Platform.
• "Private Payer" (also "Family") means any individual or family seeking in-home care services through the Platform.
• "Shift" means a defined period of work posted by a Provider or facilitated for a Private Payer on the Platform.
• "Platform Fee" means the service fee charged by ShiftCura for the use of the technology platform.
• "Nurse Registry Partner" means Humanity & Blessings Home Health Services (FL AHCA License #30212381), the licensed nurse registry through which private payer placements are facilitated.

To use ShiftCura, you must meet the following requirements:

• Caregivers must hold valid, current professional credentials (licenses, certifications) appropriate for the services they intend to provide and must be legally authorized to work in the United States.
• Providers must be legally registered healthcare entities in good standing within their jurisdiction of operation, including all required state and federal licensure.
• Private Payers must be at least 18 years of age and legally authorized to arrange care services for themselves or for a person under their legal guardianship.
• 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.

• Providers 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 Provider 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 for Providers 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.
• ShiftCura reserves the right to modify its fee structure with 30 days' written notice to affected users.

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.

Provider Cancellations:

• 24+ hours before shift (or no caregiver assigned): Free cancellation with automatic full refund.
• Within 24 hours (caregiver assigned): Warning recorded. Providers 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 Provider'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 Providers with qualified healthcare professionals through its marketplace. To protect the integrity of this marketplace:

• Providers 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 Provider and Caregiver on the ShiftCura platform.
• If a Provider engages a ShiftCura Caregiver outside the platform in violation of this policy, a Direct Hire Fee of $2,000 will be charged to the Provider'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 Providers to find qualified Caregivers quickly. By using ShiftCura, Providers explicitly acknowledge and agree to this policy.

ShiftCura collects and processes personal information as described in our Privacy Policy. By using the Platform, you consent to the collection, use, and sharing of your information as described therein.

• Credential Data: Professional license numbers, certifications, and verification results may be shared with Providers and regulatory bodies as necessary for compliance.
• Employment Records: Shift history, payment records, and performance data are retained for the duration required by applicable law and for legitimate business purposes.
• HIPAA: While ShiftCura does not directly provide healthcare services, all parties agree to handle any protected health information (PHI) encountered during the use of the Platform in compliance with HIPAA and applicable state privacy laws.
• Data Security: ShiftCura employs industry-standard security measures, including encryption in transit and at rest, to protect user data. However, no method of electronic transmission or storage is 100% secure.

ShiftCura is not liable for the professional performance, conduct, or actions of any Caregiver, Provider, or Private Payer using the Platform. This includes, but is not limited to:

• The quality of care provided by any Caregiver
• Workplace injuries, professional misconduct, or negligence
• Damages arising from engagements facilitated through the Platform
• Loss of revenue, data, or business opportunities
• Interruptions or errors in the Platform's operation

To the maximum extent permitted by law, ShiftCura's total aggregate liability for any claims arising from or related to the use of the Platform is limited to the platform fees paid by the user in the preceding 30 days.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You agree to indemnify, defend, and hold harmless ShiftCura, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any claim arising from services you provided or received through the Platform
• Any employment-related claims brought by Caregivers you engaged through the Platform (applicable to Providers)
• Any tax liability, penalty, or assessment arising from your failure to comply with tax obligations related to compensation earned or paid through the Platform

ShiftCura may, at its sole discretion, mediate disputes between Providers, Caregivers, and Private Payers. 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.

For disputes between users that ShiftCura declines to mediate, parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in the State of Florida.

CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

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
• Non-payment of applicable fees
• Circumventing Platform fees through off-platform engagement

Upon termination, any outstanding obligations (including unpaid fees, Direct Hire Fees, or pending shift payments) survive and remain enforceable.

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 state or federal courts located in the State of Florida, and you consent to the personal jurisdiction of such courts.

ShiftCura reserves the right to modify these Terms at any time. Material changes will be communicated via email notification or prominent notice on the Platform at least 14 days before taking effect. Continued use of the Platform after the effective date of any modification constitutes acceptance of the modified Terms.

It is your responsibility to review these Terms periodically. The "Last updated" date at the top of this page indicates when the most recent changes were made.

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