In short: your company’s data stays yours, you are responsible for how your team uses ShiftHive and for checking payroll and invoices before you approve them, ShiftHive never holds your money, and the SOS button is not a replacement for emergency services. The full terms below are what apply.
1. About these terms
ShiftHive is a workforce management service for firms that staff sites, made up of a mobile app, a web app and this website (together, the Service). It is provided by ShiftHive Ltd of Nairobi, Kenya (ShiftHive, we, us).
These terms are an agreement between ShiftHive and the company or organisation that registers for the Service (the Customer, you). By registering a company, signing in or otherwise using the Service, you agree to them. If you accept on behalf of a company, you confirm that you have the authority to do so.
Users are the people you allow to use the Service under your account: your managers, supervisors and workers, and the contacts of your own clients whom you invite. Customer Data is the information you and your Users put into the Service, such as worker records, rosters, check-ins, patrol scans, incident reports, photos, contracts, invoices and payroll figures.
If you and ShiftHive have signed a separate written agreement or accepted a written quote, that document takes priority wherever it differs from these terms.
2. Accounts and access
- Give us accurate information when you register and keep it up to date.
- You decide who your Users are and what role each one has. You are responsible for what they do in the Service.
- Keep passwords and SMS activation codes private. A worker’s app is tied to that worker’s phone; do not share accounts between people.
- Tell us promptly at hello@shifthive.co.ke if you believe an account has been used without permission.
3. Your team and your clients
The Service records where and when your workers check in, the checkpoints they scan, and the reports and photos they submit. As the employer or engaging firm, you are responsible for:
- telling your workers what is recorded about them and why, and having a lawful basis for it under the Data Protection Act, 2019;
- complying with the employment, labour, private security and other laws that apply to your business;
- the accuracy of the sites, rosters, pay rates, deductions and contract terms you enter; and
- deciding which of your clients’ contacts may sign in, and what you have agreed with those clients.
ShiftHive is not the employer of your workers and is not a party to your contracts with your clients.
4. Acceptable use
You and your Users must not:
- use the Service for anything unlawful, or to track a person who has not been told they are being tracked;
- falsify check-ins, patrol scans, locations or other records, or help anyone else to do so;
- try to gain access to another company’s data, or probe, overload or disrupt the Service;
- copy, resell, reverse engineer or build a competing product from the Service; or
- upload malicious code or content you have no right to share.
5. Fees and payment
The fees for the Service, and how and when they are billed, are those set out in the quote or plan we agree with you in writing. Unless we say otherwise, fees are in Kenya shillings and exclude any taxes we are required to charge, which are added to your invoice.
If an invoice is overdue, we will remind you and give you reasonable notice before suspending access. We may change our fees for a future billing period by giving you at least 30 days’ written notice.
6. Your data and privacy
Customer Data belongs to you. You give us permission to store and process it only as needed to provide, secure and support the Service.
- For personal data within Customer Data, you are the data controller and ShiftHive acts as your data processor, handling it on your instructions and in line with the Data Protection Act, 2019.
- We keep each company’s data separate from every other company’s, and we use technical and organisational safeguards intended to protect it from unauthorised access, loss or disclosure.
- We do not sell Customer Data, and we do not use it to advertise to your workers or clients.
- We use trusted providers to run the Service, for example for hosting, SMS delivery, push notifications and maps. They receive only what they need to perform that task.
- If we become aware of a breach affecting your data, we will tell you without undue delay and help you meet your own obligations.
- You can export your records from the Service at any time while your account is active.
When you send us your details through this website, for example to book a demo, we use them only to respond to you and arrange the demo. Our Privacy Policy explains in full what we collect, why, and the rights people have over their data.
7. Payroll, invoices and payments
The Service calculates payroll and prepares invoices from the shifts recorded and from the rates, deductions, contract terms and settings you enter. Before you approve a payroll run or issue an invoice, you are responsible for checking that it is correct.
- The Service is a tool, not tax, legal or accounting advice. Statutory deductions, filings and remittances remain your responsibility.
- Payments to workers and collections from clients are carried out by your bank or by Safaricom M-Pesa, using your own accounts and credentials, under your agreements with those providers. ShiftHive does not receive, hold or transmit your money.
- We are not responsible for delays, reversals, charges or failures on the part of a bank, mobile money or other payment provider.
8. SOS and safety features
The SOS button, live map, alerts and escalations are there to help your team respond faster. They depend on the worker’s phone, its battery, its location signal and a working mobile network, none of which we control.
ShiftHive is not an emergency service and does not monitor or respond to alerts on your behalf. Do not rely on the Service as your only means of raising an alarm or reaching the police, ambulance or fire services.
9. Availability and changes
We work to keep the Service available and reliable, but we do not promise that it will be uninterrupted or error-free. We may carry out maintenance from time to time, and we will try to schedule planned work for quiet hours and to give notice where it is likely to affect you.
We improve the Service regularly and may add, change or retire features. If we remove something you materially rely on, we will give you reasonable notice.
10. Ownership
ShiftHive owns the Service, including its software, design, name and logo. While your account is in good standing, we give you and your Users a non-exclusive, non-transferable right to use the Service for your own business. Nothing in these terms transfers ownership of the Service to you, or of Customer Data to us.
If you send us suggestions or feedback, we may use them to improve the Service without any obligation to you.
11. Confidentiality
Each of us will keep the other’s non-public business information confidential, use it only for the purposes of this agreement, and disclose it only to people who need it for those purposes or where the law requires.
12. Suspension and ending
- You may stop using the Service at any time by giving us written notice. Unless your quote or plan says otherwise, fees already paid for a period that has started are not refunded.
- We may end this agreement by giving you at least 30 days’ written notice.
- We may suspend or end access sooner if you seriously or repeatedly breach these terms, if fees remain unpaid after notice, or if we must do so to comply with the law or to protect the Service or other customers.
- For 30 days after the agreement ends, you may ask us for an export of your Customer Data. After that we delete it, except for what we are required by law to keep.
13. Warranties and liability
We will provide the Service with reasonable care and skill. Beyond that, and to the extent the law allows, the Service is provided as it is, without any other warranty.
- Neither of us is liable to the other for loss of profit, revenue, business or goodwill, or for any indirect or consequential loss.
- ShiftHive’s total liability to you arising from the Service in any 12-month period is limited to the fees you paid us for the Service in that period.
- We are not liable for events outside our reasonable control, including failures of mobile networks, internet, power, devices or third-party providers.
- You will cover us against claims brought by your workers, clients or other third parties that arise from your use of the Service in breach of these terms or of the law.
Nothing in these terms limits liability that cannot be limited under the laws of Kenya.
14. Changes to these terms
We may update these terms from time to time. We will post the new version on this page with a new date and, where a change is significant, tell you by email or in the app at least 14 days before it takes effect. Continuing to use the Service after that date means you accept the updated terms.
15. Governing law and disputes
These terms are governed by the laws of Kenya. If a dispute arises, we will each first try in good faith to resolve it by discussion within 30 days. If that fails, the courts of Kenya have jurisdiction.
16. Contact us
ShiftHive Ltd, Nairobi, Kenya
Email: hello@shifthive.co.ke
Phone: 0718 705 129