Shifting

Terms of Use

Last updated August 28, 2026

Welcome to Shifting’s Terms of Use (“Terms”). These Terms are entered into by and between users (“you”) and Nailed Technologies Inc., (“Nailed Technologies,” “Shifting,” “Company,” “we,” “us,” or “our”).

These Terms govern your access to and use of (i) the Shifting website located at shiftingstaff.com (the “Website”); and (ii) the beta access request feature currently available through the Website.

These Terms do not currently govern use of the Shifting platform itself, including shift postings, bookings, negotiations, payments, or any other transactional features. Once the Shifting platform becomes active, we intend to publish a separate User Agreement governing platform use. Your acceptance of these Terms does not constitute acceptance of that future User Agreement.

Please read these Terms of Use carefully before you use the Website. By accessing or using the Website, you accept and agree to be bound by these Terms and by our Privacy Policy, incorporated herein by reference, and any additional terms applicable to specific parts of the Website. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

The Website is not intended for people under 18 years of age. By using the Website, you represent and warrant that you are at least 18 years old. If you do not meet this requirement, you must not access or use the Website.

1. Accessing the Website

1.1 We reserve the right to withdraw or amend the Website and any content we make available through it, in our sole discretion, without notice. We will not be liable if, for any reason, all or part of the Website is unavailable at any time.

1.2 You may be asked to provide certain information, including through our beta access request form. It is a condition of your use of the Website that all information you provide is correct, current, and complete. Your information will be handled in accordance with our Privacy Policy.

1.3 You are responsible for any security breaches or performance issues relating to your own access to the Website, including access through your internet connection or device.

2. Beta Access Requests

2.1 The Website currently allows visitors to submit a request for beta access to the Shifting platform. Submitting a beta access request does not obligate the Company to grant you access to the platform, to respond to your request within any particular timeframe, or to notify you if your request is not accepted.

2.2 The Company may, in its sole discretion, determine whether and when to grant beta access. The Company is under no obligation to process requests in the order received or according to any particular selection criteria.

2.3 Beta access requests cannot currently be withdrawn or edited once submitted. If you need to correct or remove information you have submitted, please contact us using the information in Section 11 below.

2.4 The Company may deny, suspend, or revoke beta access to any individual or entity it determines, in its sole discretion, to be a competitor of the Company or to be seeking access for competitive purposes.

3. Intellectual Property Rights

3.1 The Website and its entire content, features, and functionality (including, without limitation, all information, text, images, graphics, and the design, selection, and arrangement thereof) (“Content”) are owned by the Company, its licensors, or other providers of such material, and are protected by United States copyright, trademark, and other intellectual property laws.

3.2 No right, title, or interest in the Website or any Content is transferred to you, and all rights not expressly granted in these Terms are reserved by the Company, its licensors or other providers, as applicable.

3.3 These Terms permit you to use the Website for your own personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, or store any Content, except for temporary caching by your browser incidental to ordinary use of the Website.

3.4 You must not use any automated means, including robots, spiders, or other scraping tools, to access or collect data from the Website, or attempt to circumvent any security or access control measures on the Website.

3.5 “Shifting,” the Shifting logo, and any other trademarks or service marks displayed on the Website (collectively, the “Marks”) are the property of the Company. You are not granted any right to use the Marks (including, without limitation, the layout of any Website), and all such items remain the exclusive property of Scopic Inc. For any unregistered Marks owned by Company, all rights are reserved.

4. Prohibited Use of the Website

You may not use the Website to:

  • (a) Violate Law. Engage in, encourage, or facilitate any activity that violates applicable law, including healthcare licensing, staffing, or employment law.
  • (b) Infringe Intellectual Property. Infringe, misappropriate, or violate the Company’s or any third party’s copyright, trademark, patent, trade secret, or other proprietary rights.
  • (c) Compromise Security. Violate the security or integrity of any network, system, or device, including by probing, scanning, or testing for vulnerabilities, or by attempting to breach any authentication or security measure, whether belonging to the Company or a third party.
  • (d) Abuse or Interfere with the Website. Introduce any virus, malware, or other harmful code; interfere with or disrupt the Website’s operation or servers; or take any action that imposes an unreasonable or disproportionate load on the Website’s infrastructure.
  • (e) Scrape or Harvest Data. Use any robot, spider, scraper, or other automated means to access, monitor, or collect data from the Website, or attempt to circumvent any access control or rate-limiting measure.
  • (f) Reverse Engineer. Reverse engineer, decompile, or disassemble any portion of the Website, except to the extent such restriction is prohibited by applicable law.
  • (g) Impersonate or Misrepresent. Impersonate any person or entity, or misrepresent your affiliation with any person or entity, including by submitting false, inaccurate, or misleading information through the beta access request form, such as misrepresenting your status as an employer or as a healthcare professional.
  • (h) Send Unsolicited Communications. Use the Website to transmit any unsolicited or unauthorized advertising, promotional material, spam, chain letters, or any other form of solicitation.
  • (i) Harass or Harm Others. Harass, threaten, defame, or otherwise harm any other person, or collect or store personal information about other visitors to the Website without their consent.
  • (j) Exceed Authorized Use. Use the Website for any commercial purpose not expressly permitted by these Terms, or access or use the Website in any manner not expressly authorized by these Terms.
  • (k) Competitive Use. Request or use beta access if you are a competitor of the Company, or if you are acting on behalf of, affiliated with, or at the direction of a competitor, except with the Company’s prior written consent. This includes using the beta access request process, or any beta access granted, to evaluate, benchmark, or inform the development of a competing product or service.

A violation of this Section constitutes a material breach of these Terms and may result in restriction or termination of your ability to access the Website.

5. Notices and Changes to These Terms

5.1 We may revise these Terms at our sole discretion. Changes are effective when posted, and this page will reflect the date the Terms were last updated. Your continued use of the Website after a revised version is posted constitutes your acceptance of the changes.

5.2 At this stage, we intend to notify users of material changes to these Terms primarily by updating the “last updated” date on this page. If we determine that email notice to beta-list registrants is appropriate for a particular change, we may provide it, but we are not otherwise obligated to do so unless required by applicable law.

5.3 These Terms were last updated on August 28, 2026.

6. Governing Law and Arbitration

6.1 These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles.

6.2 Any dispute, claim, conflict, or controversy arising out of, or in relation to this Agreement with respect to its termination, validity, enforcement, or interpretation thereof, including the existence, scope, or applicability of the present arbitration agreement shall be determined by arbitration before an arbitral tribunal consisting of one arbitrator. The place of the arbitration shall be Tampa. The arbitral proceedings shall be administered by Miles Mediation & Arbitration pursuant to Miles Expedited Arbitration Rules & Procedures, 2023 (“Rules”). Any award passed by the arbitral tribunal may be enforced before any court of law having competent jurisdiction.

6.3 Each party shall bear its own costs, irrespective of the outcome of the dispute. However, to the extent permitted under Rules and applicable law, the prevailing party is entitled to recovery of the enforcement fees associated with the enforcement of the arbitration award/court decision, if such enforcement is required. The decision issued by Miles Mediation & Arbitration in accordance with its Rules shall be full, final, and binding on both parties. The parties acknowledge that the resulting arbitral award contemplates the resolution of all claims between the parties, and no further claims shall be brought thereafter.

6.4 The parties agree to arbitrate any dispute on an individual basis, and each party waives the right to a trial by jury or to participate in a class action. Any attempt to involve other parties, whether similarly situated or not, in any arbitration under this agreement is a violation of this agreement and is not permitted. This section shall be interpreted and enforced in accordance with Miles Mediation and Arbitration rules and protocols where applicable.

6.5 Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration or mediation hereunder without the prior written consent of all parties.

7. No Warranty

The Website is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. To the maximum extent permitted by applicable law, the Company disclaims all warranties and conditions including without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Website will be error-free, uninterrupted, or free of harmful components.

8. Limitation of Liability

In no event shall the Company be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Website, including damages resulting from your breach of these Terms or violation of applicable law.

9. Indemnity

By accessing or using the Website, you agree to indemnify and hold the Company harmless from and against all claims, demands, costs, and expenses, including reasonable attorneys’ fees, arising directly or indirectly from your use of the Website or your violation of these Terms.

10. Applicability to Users Outside the United States

The Website is hosted in the United States and is presently intended for use within the United States. We reserve the right to restrict access from any jurisdiction, including the European Union, at our discretion. By using the Website, you agree that your use is governed by these Terms and by the laws of Florida, regardless of your location.

11. Reporting of Violations of these Terms

If you become aware of any violation of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of these Terms, please contact us at support@shiftingstaff.com or 14517 N 18th St Tampa, FL 33613.