Terms of Service
Last Updated: January 7, 2025
Welcome to The Shiftly and HR Honey. By using our website, purchasing products, or engaging our services, you agree to these Terms of Service. Please read them carefully.
1. Who We Are
This website is operated by The Shiftly, LLC (doing business as The Shiftly and HR Honey). We provide HR consulting services for companies and educational content, digital products, and merchandise for individuals.
Contact: [email protected]
2. Acceptance of Terms
By accessing or using our website, you confirm that you accept these Terms of Service and agree to comply with them. If you don't agree, please don't use our site or services.
3. Age Requirements
You must be at least 18 years old to make purchases or enter into contracts with us.
Under 13: Our services are not intended for children under 13. If you are under 13, you may not use our site or make purchases, even with parental consent.
Ages 13-17: If you're between 13 and 17, you may browse our site with parental or guardian consent, but you cannot make purchases on your own. Any purchases must be made by a parent or legal guardian on your behalf.
18 and Over: If you're 18 or older, you may make purchases and enter into contracts with us.
By making a purchase, you represent that you are at least 18 years old or that a parent or legal guardian has made the purchase on your behalf (and that you are at least 13 years old).
4. Use of Our Site
You agree to use this site for lawful purposes only. You must not:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit harmful code, viruses, or malware
- Attempt to gain unauthorized access to our systems
- Harass, abuse, or harm others
- Use our site to collect personal information about others
- Impersonate any person or entity
We reserve the right to suspend or terminate your access to our site if you violate these terms.
5. Intellectual Property
All content on this site (including text, images, logos, designs, videos, and digital products) is owned by The Shiftly, LLC or our licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not: Copy, reproduce, distribute, modify, create derivative works, publicly display, or commercially exploit our content without written permission. When you purchase digital products, you receive a limited license for personal use only (see Section 7).
6. Product Purchases
Orders and Payment:
All purchases are processed securely through Stripe, our third-party payment processor. By placing an order, you authorize us to charge your payment method for the total amount, including applicable taxes and shipping fees.
Order Acceptance:
We reserve the right to refuse or cancel any order for any reason, including suspected fraud, pricing errors, product availability, or violations of these terms. If we cancel your order after payment, we'll issue a full refund.
Pricing:
All prices are in US dollars and subject to change without notice. We make every effort to ensure pricing accuracy, but errors may occur. If we discover a pricing error after you've placed an order, we'll contact you and give you the option to proceed at the correct price or cancel your order for a full refund.
7. Digital Products
When you purchase digital products (guides, templates, toolkits, etc.), you receive a non-exclusive, non-transferable license for personal use only.
You may: Download and use the product for your personal benefit.
You may not: Resell, redistribute, share, or commercially exploit the product. This includes posting it on file-sharing sites, sharing login credentials, or using it in a commercial capacity without written permission.
Digital products are delivered electronically and are typically non-refundable (see our Refund Policy for details).
8. Physical Products
Physical products (apparel, accessories, etc.) are made to order through our print-on-demand partners. Once production begins, orders cannot be modified or cancelled.
Shipping: We're not responsible for delays caused by shipping carriers, customs, or events beyond our control. Estimated delivery times are not guaranteed.
Product Descriptions: We strive for accuracy in product descriptions and images, but colors, sizing, and appearance may vary slightly. We're not liable for minor variations.
For returns and refunds on physical products, see our Refund Policy.
9. Consulting Services
The Shiftly provides HR consulting services to companies, including HR systems implementation, payroll optimization, compliance audits, and strategic guidance.
Scope of Services:
Services are defined in individual engagement agreements or proposals. We'll work with you to understand your needs and deliver strategic guidance tailored to your business.
Payment Terms:
Payment terms are specified in your engagement agreement. Typical arrangements include upfront deposits, milestone payments, or monthly retainers. Invoices are due within 15 days unless otherwise agreed.
Termination:
Either party may terminate consulting services with 30 days' written notice. You're responsible for payment of all services rendered up to the termination date.
No Legal Advice:
The Shiftly is not a law firm and does not provide legal advice. Our consulting services focus on HR strategy, systems, and operations. For legal matters, you should consult a qualified attorney.
10. User Accounts
If you create an account on our site, you're responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately if you suspect unauthorized access.
We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent activity.
11. Disclaimers
Educational Content:
HR Honey provides educational content only and does not constitute legal, financial, or professional advice. Content is provided for general informational purposes. Always consult a qualified attorney or professional for your specific situation.
No Guarantees:
We make no guarantees regarding the results you may achieve by using our products, following our content, or engaging our consulting services. Your results will vary based on your unique circumstances.
Affiliate Links:
Some links on our site may be affiliate links. We may earn a commission if you make a purchase through these links, at no additional cost to you. Our recommendations are always unbiased and based on what we believe serves your needs.
Third-Party Links:
Our site may contain links to third-party websites. We're not responsible for the content, practices, or policies of those sites. Use them at your own risk.
12. Limitation of Liability
To the fullest extent permitted by law:
The Shiftly, LLC, its owners, employees, and partners are not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of our site, products, or services. This includes, but is not limited to, lost profits, lost data, business interruption, or personal injury.
Our total liability to you for any claims arising from these terms or your use of our services shall not exceed the amount you paid us in the 12 months preceding the claim.
We ARE liable for: Gross negligence, willful misconduct, fraud, or violations that cannot be limited by law.
Some jurisdictions don't allow limitations on liability, so these limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless The Shiftly, LLC and its owners, employees, and partners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your violation of these terms
- Your violation of any law or third-party rights
- Your use of our site, products, or services
- Any content you submit or post
14. Force Majeure
We're not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, acts of God, war, terrorism, labor disputes, government actions, pandemics, supply chain disruptions, or failures of third-party service providers.
15. Dispute Resolution
Informal Resolution:
If you have a dispute with us, please contact us at [email protected] first. We'll work with you in good faith to resolve the issue.
Arbitration:
If we can't resolve the dispute informally, you agree that any legal dispute will be resolved through binding arbitration rather than in court, except for disputes that qualify for small claims court.
Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in Texas, USA, or remotely by mutual agreement.
Class Action Waiver:
You agree to resolve disputes on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative actions.
Exceptions:
Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the site.
16. Governing Law
These Terms of Service are governed by the laws of the State of Texas, USA, without regard to conflict of law principles. Any legal action must be brought in the state or federal courts located in Texas.
17. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our business, legal requirements, or industry practices. When we make significant changes, we'll notify you by email (if you've provided one) or by posting a prominent notice on our website.
The "Last Updated" date at the top shows when these terms were last revised. Your continued use of our site or services after changes take effect means you accept the updated terms.
18. Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
19. Entire Agreement
These Terms of Service, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and The Shiftly, LLC regarding your use of our site and services.
20. Contact Us
If you have questions about these Terms of Service, email us at [email protected].
We're committed to transparency and fair dealing. If something in these terms doesn't make sense or you have concerns, reach out. We're here to help.