Terms of Service — Workers

Welcome to Swipe-A-Shift! We're here to give you the flexibility to work when and where you want — picking up shifts that fit your life. These Terms explain how our platform works, what we expect from you, and what you can expect from us. By creating an account or accepting shifts, you agree to these Terms.

1. What Swipe-A-Shift Does

Swipe-A-Shift is a marketplace connecting hospitality workers with restaurants and venues that need help. We're like the friend who texts "need a hand tonight?" — just a lil help when venues need it most.

We are NOT:

  • Your employer (you're an independent contractor)
  • The venue's employer or agent
  • Responsible for what happens at the venue
  • A staffing agency (you choose your own shifts)

We ARE:

  • A platform that matches workers with shifts
  • The payment processor (we handle getting you paid)
  • Your support team (we're here if issues come up)
  • Building a community where everyone rises together

2. You're an Independent Contractor (Not an Employee)

This is important: You are NOT an employee of Swipe-A-Shift or any venue you work with. You're an independent professional who chooses when and where to work.

What this means for you:

  • Freedom: You decide which shifts to accept. No minimums, no schedules, no boss.
  • Flexibility: Work one shift or twenty. It's up to you.
  • Multiple gigs: You can work for as many venues as you want, use other platforms, have other jobs.
  • No benefits: You don't get health insurance, PTO, or retirement from us or venues. (That's the trade-off for flexibility.)
  • Taxes: You're responsible for paying your own taxes. We'll send you a 1099 form if you earn $600+ per year.
  • Your own tools: Bring comfortable shoes, wear clean clothes. Venues provide uniforms/equipment if needed, not us.

Legal note: Nothing in these Terms creates an employment, partnership, or agency relationship between you and Swipe-A-Shift or between you and any venue. You're a true independent contractor under federal and state law.

3. Roles We Focus On

Swipe-A-Shift works best for support positions that need minimal venue-specific training — the roles where one more set of hands changes everything.

✅ Perfect for Swipe-A-Shift:

  • Bussers / Table bussers
  • Bar backs
  • Hosts / Hostesses
  • Food runners
  • Dishwashers
  • Event support staff
  • Catering helpers
  • Prep assistants (basic tasks)

⚠️ May not work well:

  • Servers (need menu knowledge, regular customers)
  • Bartenders (need drink recipes, regulars)
  • Line cooks (need station knowledge, recipes)
  • Sous chefs (leadership roles)

Venues can post these roles, but they work best with consistent staff who know the menu/recipes.

Your responsibility: Only accept shifts for roles you're qualified to perform. If a venue requires certifications (ServSafe, alcohol service license, food handler's permit), make sure you have them before accepting.

4. How Pay Works (Transparent Pricing)

We believe in total transparency. The rate you see when browsing shifts is what you take home — no hidden fees, no surprises.

📊 How pricing works:

  1. Venue sets an "all-in" rate for the shift (e.g., $24/hour)
  2. Swipe-A-Shift takes a 20% platform fee ($4.80/hour in this example)
  3. You receive the rest ($19.20/hour in this example)
  4. The rate you see in the app is YOUR rate — what you actually earn

💰 Real examples:

Busser - Friday Dinner

Venue pays: $24/hr all-in

You earn: $19.20/hr

6-hour shift = $115.20 total

Bar Back - Saturday Night (HIGH DEMAND 🔥)

Venue pays: $28/hr all-in

You earn: $22.40/hr

Plus surge: 1.2x = $26.88/hr! (6-hour shift = $161.28 total)

Host - Tuesday Evening

Venue pays: $20/hr all-in

You earn: $16/hr

4-hour shift = $64 total

🔥 Dynamic pricing (Surge):

During high-demand times (Friday/Saturday nights, last-minute needs, bad weather), rates can increase by 10-20%. If surge kicks in, you earn more! The higher rate is automatically reflected in what you see.

Example: A $24/hr shift with 1.15x surge becomes $27.60/hr to the venue, and you earn $22.08/hr instead of $19.20/hr.

When you get paid:

  • After you complete your shift, the venue has 48 hours to approve it
  • Most venues approve right away, but we give them time to review
  • If the venue doesn't respond within 48 hours, payment is automatically approved
  • Once approved, funds are sent to your bank account via Stripe (usually 1-2 business days)
  • Our guarantee: You'll be paid within 2 business days of shift completion, no matter what

Payment processing: All payments are handled through Stripe Connect. You'll create a Stripe account when you sign up (it's fast and secure). We never hold your money — Stripe does, and they're a trusted financial institution.

5. Tips (100% Yours!)

💵 You keep 100% of your tips.

Swipe-A-Shift never touches tips. Tips are between you and the venue, handled according to the venue's tip policy.

How tips work for support roles:

  • Bussers, bar backs, food runners: Many venues have tip-sharing or tip-pool arrangements. The venue will tell you how their system works when you arrive.
  • Hosts, dishwashers: Some venues include these roles in tip sharing, some don't. Check the shift details or ask when you arrive.
  • Your responsibility: Track and report all tips as income for tax purposes. Venues should provide tip documentation, but keep your own records too.

For full details on tip transparency and venue responsibilities, see our Tip Transparency Policy.

If you believe a venue is withholding tips or not following their stated tip policy, contact us immediately at compliance@swipeashift.com. We take this seriously.

6. Accepting and Cancelling Shifts

Life happens — we get it. But venues count on you when you accept a shift. Here's our policy:

✅ FREE CANCELLATION (No penalty):

  • More than 24 hours before shift: Cancel anytime, no questions asked
  • The shift goes back into the marketplace for other workers
  • Your rating is not affected

⚠️ LAST-MINUTE CANCELLATION (Penalty):

  • 2-24 hours before shift: You'll get a warning. Multiple warnings may affect your account standing
  • Less than 2 hours before shift: Reliability score penalty and warning
  • This protects venues who are left scrambling at the last minute

🚫 NO-SHOW POLICY (6-Month Rolling Window):

Strikes are tracked over any 6-month rolling period. If you accept a shift and don't show up:

  • 1st NO-SHOW in 6 months:
    • Warning notification sent
    • Reliability score drops to 50%
    • You must contact support to explain
    • Account flagged for monitoring
  • 2nd NO-SHOW in 6 months:
    • 30-day account suspension
    • Must complete re-training module
    • Reliability score remains at 50% until rebuilt through completed shifts
  • 3rd NO-SHOW in 6 months:
    • PERMANENT ACCOUNT TERMINATION
    • No appeals, no exceptions (except documented emergencies - see below)
    • Cannot create a new account

Clean Slate: After 6 months with no violations, your no-show record is cleared and you start fresh.

🏥 EMERGENCY EXCEPTIONS:

We understand true emergencies. These incidents are excused and DO NOT count as strikes if you provide documentation within 24 hours of the missed shift:

  • Hospitalization or ER visit (medical records, admission papers)
  • Death in immediate family (obituary, funeral notice)
  • Car accident en route to shift (police report, tow receipt)
  • Natural disaster/emergency evacuation (news verification, emergency order)
  • Positive COVID-19 test or documented contagious illness (lab results, doctor's note)

NOT excused: "Car broke down" without proof, "felt sick" without medical documentation, "forgot," "slept in," "another shift came up," flat tire, traffic, or any undocumented excuse. Contact us IMMEDIATELY if something happens.

How to report emergencies: Text or call support immediately (number provided upon shift acceptance). Submit documentation within 24 hours to support@swipeashift.com. We're humans - we understand when real emergencies happen.

💡 Why this policy matters:

No-shows devastate small businesses. When you don't show up, venues often can't open sections, turn away customers, or force managers to work double shifts. The 6-month rolling window gives everyone a fair chance while protecting the restaurants that make our platform possible.

7. Background Checks & Verification (Optional But Recommended)

Background checks are optional on Swipe-A-Shift, but getting verified opens up more opportunities and higher-paying shifts. We use a tiered system:

🆓 Tier 1: Basic (Free - You have this now!)

  • Email and phone verification
  • Profile complete
  • Access to shifts marked "No verification required"

✓ Tier 2: ID Verified (Free - Coming December 2025)

  • Government-issued ID verified via Stripe Identity
  • Confirms your name, date of birth, and photo match
  • Badge on your profile: ✓ ID Verified
  • Access to more shifts (many venues require this minimum)
  • Cost: FREE (we cover it)

⭐ Tier 3: Background Checked (Coming January 2026)

  • 7-year criminal background check via Checkr
  • Includes: National criminal database, county records, sex offender registry, SSN validation
  • Badge on your profile: ✓ Background Checked
  • Access to premium shifts at hotels, upscale restaurants, private events
  • Priority placement in search results
  • Cost: $35/year (you pay)

Note: Having a criminal record doesn't automatically disqualify you. Venues set their own standards, and many are willing to work with people rebuilding their lives. The check just gives venues information to make informed decisions.

🌟 Tier 4: Elite Verified (Coming Q2 2026)

  • Everything in Tier 3, PLUS:
  • Professional references verified (2-3 contacts)
  • Work history verified
  • Optional: ServSafe or other certifications
  • Badge on your profile: ⭐ Elite Verified
  • VIP access to country clubs, fine dining, high-end events
  • Highest priority in search, premium pay rates
  • Cost: $79/year (you pay)

Why get verified? Verified workers report 30-50% more bookings and access to higher-paying venues. It's an investment in your earning potential.

For full details on background checks, FCRA rights, and the verification process, see our Background Check Policy.

8. Your Responsibilities (Be a Pro)

Every shift matters. Behind every great meal are the hands that make it happen. Here's what we expect:

✅ DO:

  • Show up on time (15 minutes early is on time)
  • Come prepared (clean clothes, comfortable shoes)
  • Follow venue policies and directions
  • Treat everyone with respect (staff, customers, managers)
  • Work hard and be professional
  • Communicate proactively (issues, questions, concerns)
  • Ask for help if you're unsure about something
  • Leave the venue better than you found it

❌ DON'T:

  • Show up late or intoxicated
  • Use your phone during the shift (except emergencies)
  • Harass, discriminate, or disrespect anyone
  • Steal (money, food, supplies) — instant termination
  • Try to negotiate direct hire with venues (platform bypass)
  • Share your account or let others use it
  • Accept shifts you're not qualified for
  • No-call, no-show (see section 6)

Account suspension/termination: We can suspend or permanently ban your account for violating these terms, especially for: no-shows, theft, harassment, safety violations, or trying to bypass the platform.

9. Ratings & Reviews

After each shift, venues can rate you (1-5 stars) and leave feedback. Your rating affects which shifts you can access and how venues see you.

⭐ Rating thresholds:

  • 4.8-5.0: Elite status — priority placement, best shifts
  • 4.5-4.7: Great standing — full access to all shifts
  • 4.0-4.4: Good standing — access to most shifts
  • Below 4.0: Warning status — limited access, improvement required
  • Below 3.5: Account review — possible suspension

Disputing unfair ratings:

If you believe a rating is unfair or retaliatory, contact support within 7 days. We'll review and may remove it if it violates our policies.

10. Liability & What We're NOT Responsible For

Important legal stuff you need to know:

Platform provided "AS IS":

Swipe-A-Shift is provided as-is, without warranties. We don't guarantee that shifts will always be available, that venues are perfect, or that technology never fails. We do our best, but we're not perfect.

If you get hurt at a venue:

The venue is responsible, not us. Venues must carry workers' compensation insurance and general liability. If you're injured during a shift, immediately notify the venue manager and Swipe-A-Shift support. The venue's insurance should cover you. We'll help facilitate, but we're not the insurer.

Venue behavior:

We're not responsible for how venues treat you, their policies, safety conditions, or payment of tips. If a venue behaves badly, report them to us and we'll investigate. Serious violations = venue banned.

Your actions:

You're responsible for your own conduct. If you damage property, injure someone, steal, or violate laws, that's on you. You agree to indemnify (protect) Swipe-A-Shift from any claims arising from your actions.

Maximum liability:

If we're found liable for something (which we work hard to avoid), our maximum liability is the amount you earned through the platform in the past 12 months, or $100, whichever is greater. This is standard for tech platforms.

11. Taxes (You're Responsible)

As an independent contractor, you're responsible for your own taxes. Swipe-A-Shift doesn't withhold federal, state, or Social Security taxes from your payments.

📋 What you need to know:

  • 1099-NEC form: If you earn $600 or more in a calendar year, Stripe will send you a 1099-NEC form by January 31st. You'll use this to file your taxes.
  • Quarterly estimated taxes: You may need to pay estimated taxes quarterly if you earn significant income. Talk to a tax professional.
  • Self-employment tax: You'll owe about 15.3% for Social Security and Medicare, plus your regular income tax rate.
  • Track your tips: All tips must be reported as income. Keep good records.
  • Deductions: You may be able to deduct mileage, work clothes, phone costs, etc. Consult a tax pro.

We're not tax advisors. This is general info. For specific guidance, consult a CPA or tax professional. The IRS has resources at irs.gov/gig-economy.

12. Privacy & Your Data

We collect information to run the platform (your name, contact info, work history, ratings, payment info). We take your privacy seriously and never sell your data.

For full details, see our Privacy Policy.

Quick summary:

  • We use your data to match you with shifts and process payments
  • Venues see your profile, ratings, and verification status
  • We share data with Stripe (payments), Checkr (background checks), and our hosting providers
  • You can request your data or delete your account anytime
  • We comply with GDPR, CCPA, and other privacy laws

13. Dispute Resolution (Let's Talk First)

If you have a problem with Swipe-A-Shift, please contact us first at support@swipeashift.com. We're reasonable people and will work with you to resolve issues.

Informal resolution:

Give us 30 days to try to resolve any dispute informally. Most issues can be solved with a conversation.

Binding arbitration:

If we can't resolve the issue, you agree that disputes will be settled through binding arbitration (not court), conducted under American Arbitration Association (AAA) rules. Arbitration is faster and cheaper than lawsuits.

  • Location: Portsmouth, NH or via Zoom (remote)
  • Each party pays their own costs (unless law requires us to pay yours)
  • Decision is final and binding
  • You waive the right to a jury trial

Class action waiver:

You agree to resolve disputes individually, not as part of a class action. You can't join with other workers to sue us collectively. (Some states may not allow this waiver.)

Small claims court exception:

If the dispute is under $5,000, you can file in small claims court instead of arbitration if you prefer.

Governed by the Federal Arbitration Act. If any part of this arbitration clause is found invalid, the rest still applies.

14. Changes to These Terms

We may update these Terms from time to time as we improve the platform or comply with new laws. Material changes will be posted here with a new "Effective" date, and we'll email you if the changes significantly affect your rights.

Continued use = acceptance: If you keep using Swipe-A-Shift after we post changes, you're agreeing to the new Terms. If you don't like the changes, you can close your account.

15. Termination (Closing Your Account)

You can quit anytime:

You're free to close your account at any time. Just email support@swipeashift.com or delete your account in the app. Make sure to complete any accepted shifts first.

We can terminate you for cause:

If you violate these Terms (no-shows, theft, harassment, fraud, bypassing the platform, safety violations), we can suspend or permanently terminate your account. You'll still be paid for completed shifts.

Effect of termination:

  • You lose access to the platform immediately
  • Any accepted future shifts are cancelled
  • Payment for completed shifts is still processed
  • Your data is retained per our Privacy Policy and legal requirements (typically 3 years for financial records)

16. General Legal Stuff

Entire agreement:

These Terms, plus our Privacy Policy, Tip Transparency Policy, and other referenced policies, make up the complete agreement between you and Swipe-A-Shift.

Governing law:

These Terms are governed by New Hampshire law (because that's where we're based), excluding conflict of law principles.

Severability:

If any part of these Terms is found invalid or unenforceable, the rest still applies.

No waiver:

If we don't enforce a provision once, that doesn't mean we waive the right to enforce it later.

Assignment:

You can't transfer your account or these Terms to someone else. We can assign these Terms if Swipe-A-Shift is acquired or merges with another company.

Force majeure:

Neither party is liable for failures caused by events beyond reasonable control (natural disasters, pandemics, war, etc.).

Questions? We're Here to Help

We know legal documents can be confusing. If you have questions about these Terms or anything else, reach out:

We're building this community together. Your feedback helps us improve. 🌊

Effective Date: November 5, 2025

Version: 1.0 - Workers

Business Address: 170 Commerce Way, Suite 200, Portsmouth, NH 03801

© 2025 Swipe-A-Shift LLC | compliance@swipeashift.com

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