Terms of Service

FlexShift, Inc. ("FlexShift," "we," "us") operates a two-sided marketplace connecting licensed pharmacists with pharmacies seeking last-minute relief coverage. By creating an account or using the platform, you agree to these Terms. If you don't agree, don't use the platform.

1. Eligibility

You must be at least 18 years old and a legal US resident to use the platform. By registering, you represent and warrant that:

• If registering as a pharmacist, you hold a current, active pharmacy license issued by the applicable licensing board in every jurisdiction where you intend to work;
• If registering as a pharmacy owner or operator, you are authorized to act on behalf of a lawfully licensed pharmacy; and
• All information you provide is accurate, complete, and current.

FlexShift reserves the right to verify eligibility at any time and to suspend or terminate accounts that do not meet these requirements.

2. Your Account

You are responsible for maintaining the confidentiality of your login credentials and all activity under your account. One account per person or entity — no sharing, transferring, or selling accounts without our prior written consent. Report suspected unauthorized access immediately to office@flexshift.org.

3. How It Works

Pharmacies may post shifts specifying the role, date, hours, and hourly rate. By posting, you commit to that rate and agree that your shift complies with all applicable laws, pharmacy regulations, and scope-of-practice requirements. You are responsible for supervising shift activity and maintaining a safe, compliant work environment.

Pharmacists may browse and apply to open shifts. Acceptance of a shift is a binding commitment to complete it. You are solely responsible for maintaining a valid, active pharmacy license in every jurisdiction where you work, and for complying with all professional obligations — including scope-of-practice standards, continuing education requirements, and controlled substance regulations — during every shift.

Cancellations harm both parties and the platform. Repeated cancellations result in reduced visibility, suspension, or permanent removal. FlexShift is not liable for cancellation disputes but may intervene at our discretion in egregious cases.

4. Independent Contractor Relationship

FlexShift is a marketplace — not an employer, staffing agency, or placement firm. Pharmacists who obtain shifts through the platform are independent contractors, not employees, agents, or partners of FlexShift or of any pharmacy. No employment relationship of any kind exists. Pharmacists are solely responsible for their own taxes, insurance, and professional liability. Pharmacies are responsible for supervising all shift activities and complying with applicable pharmacy law.

5. Fees & Payments

Service Fee

FlexShift charges a per-shift service fee to both parties. The exact fee is displayed clearly before a shift is posted or accepted. Fees may change with 14 days' notice posted on the platform.

Pharmacy Payments

By saving a payment method, you authorize FlexShift to automatically charge the agreed hourly rate × confirmed shift hours + applicable service fee upon shift completion. All payments are processed through Stripe. You agree to Stripe's terms of service. All amounts are in US dollars.

Pharmacist Payouts

Pharmacists receive earnings — agreed shift rate less the applicable platform fee — via Stripe Connect to a connected US bank account within two business days of shift completion. FlexShift is not liable for delays caused by Stripe or banking institutions.

Disputes & Refunds

Payment disputes must be filed within 72 hours of shift end at office@flexshift.org. FlexShift will review all available evidence and issue a determination at our sole discretion. Refunds are not guaranteed but may be issued in cases of documented no-show or clear platform error.

6. Shift Verification & Dispute Resolution

FlexShift uses timestamped check-in and check-out confirmation, GPS location data, in-app messaging records, and mutual ratings as the authoritative record in all disputes. Both parties explicitly agree at sign-up that this data is final and binding.

Disputes must be filed within 24 hours of shift end. Both parties have 24 hours to submit their account once a dispute is opened. FlexShift issues a decision within 48–72 hours. All decisions are final and not subject to appeal.

7. Bad Actor Policy

Pharmacist no-shows:

• First offense: formal warning
• Second offense: temporary suspension
• Third offense: permanent ban and forfeiture of any pending payments

Fraudulent pharmacy disputes:

• First offense: formal warning and immediate loss of payment withholding rights
• Repeat offenses: account suspension

FlexShift reviews ratings, GPS data, and dispute history together. Patterns of bad behavior result in permanent removal and, where appropriate, referral to the applicable state pharmacy board or law enforcement.

8. Ratings & Reviews

Ratings are tied to verified, completed shifts and cannot be edited after submission. You may not offer compensation or incentives in exchange for favorable reviews. FlexShift may remove reviews that contain false statements of fact, discriminatory language, or personal attacks.

9. Prohibited Conduct

You agree not to:

• Provide false or misleading information about your identity, credentials, or qualifications;
• Arrange shifts or payments outside of FlexShift after making contact through the platform;
• Share protected health information (PHI) or patient-identifiable data through platform communications;
• Harass, threaten, or discriminate against any user;
• Use automated tools to scrape, crawl, or extract data from the platform;
• Attempt unauthorized access to any part of the platform or another user's account; or
• Use the platform in violation of any applicable law or pharmacy practice regulation.

Violations result in immediate suspension or termination and potential referral to the applicable state pharmacy board or law enforcement.

10. Intellectual Property

All platform content, trademarks, logos, and software are owned by or licensed to FlexShift and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the platform for its intended purpose. No copying, modifying, distributing, or creating derivative works without our prior written consent.

11. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FLEXSHIFT DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE AND IS NOT RESPONSIBLE FOR THE PROFESSIONAL CONDUCT OF ANY USER DURING A SHIFT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLEXSHIFT'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) TOTAL FEES PAID BY YOU IN THE SIX MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100). FLEXSHIFT IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

13. Indemnification

You agree to indemnify and hold harmless FlexShift and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses — including reasonable attorneys' fees — arising from your use of the platform, your violation of these Terms, or your professional conduct during any shift.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the United States and the state in which FlexShift is incorporated, without regard to conflict-of-law provisions. Any dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association. You waive the right to participate in any class action lawsuit or class-wide arbitration. Either party may seek injunctive or equitable relief in a court of competent jurisdiction.

15. Termination

You may close your account at any time by contacting office@flexshift.org. FlexShift may suspend or terminate your account immediately for any violation of these Terms or conduct we determine to be harmful to the platform, other users, or the public. Sections 4, 10, 11, 12, 13, and 14 survive termination.

16. Changes to These Terms

Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Continued use of the platform after the effective date constitutes acceptance of the revised Terms.

FlexShift, Inc. | United States | office@flexshift.org