Terms and Conditions for ShiftWake

1. Introductory Provisions

These Terms and Conditions (hereinafter referred to as the "Terms") govern the rights and obligations between the operator of the ShiftWake application, Registra SK s.r.o. (hereinafter referred to as the "Provider"), and the user of the application (hereinafter referred to as the "User"). By using the application, the User agrees to these Terms.

By using the application, you confirm that you are at least 16 years old and have the legal capacity to enter into these Terms.

2. User Accounts

To use certain features of the application, you may be required to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. The Provider reserves the right to suspend or terminate your account at any time if you violate these Terms or engage in fraudulent or abusive behavior.

3. Subscription and Payment Terms

• Trial period: The application provides new Users with a 30-day free trial period. During this time, the User has access to all premium features of the application.
• Annual subscription: After the 30-day trial period expires, an annual subscription is automatically activated. The price of the annual subscription is clearly stated on the purchase screen in the application before confirming the subscription.
• Payment processing: All transactions, billing, and payment management are processed exclusively through the Google Play or Apple App Store platforms. The Provider does not store, process, or have access to the User's payment data.

4. Subscription Cancellation and Refunds

• Cancellation: The User can cancel the subscription at any time, including during the 30-day trial period. Canceling during the trial period will result in no charges being applied.
• Cancellation process: The subscription must be canceled directly in the Google Play or Apple App Store account settings (Subscriptions section). The Provider does not have the technical ability to cancel the subscription on behalf of the User.
• Refunds: Requests for refunds are governed exclusively by Google's or Apple's terms of service and must be submitted directly through their respective customer support channels.
• Right of withdrawal (consumers in the EU, EEA and the United Kingdom): If you are a consumer residing in the European Union, the European Economic Area or the United Kingdom, you have the right to withdraw from the subscription contract within 14 days of its conclusion, without giving any reason. If you asked for the service to start during this period, you may still withdraw, but we may charge you a proportionate amount for the part of the service already provided. To exercise this right, notify us at info@shiftwake.com, or request a refund directly through Google Play or the App Store, which process all payments on our behalf. Please note that the subscription is only charged after the 30-day free trial, so no payment is taken during the trial period.
• Users outside the EU, EEA and the UK: There is no statutory 14-day right of withdrawal in these regions. Cancellations and refunds are governed by the mandatory consumer law of your country of residence and by the refund policies of Google Play or the Apple App Store.

5. Responsibility for Operating System Settings (Android OS)

The application requires specific system permissions for its correct operation. The User acknowledges and agrees that they are fully responsible for:

• Granting an exemption from Battery Optimization.
• Allowing the "Draw over other apps" permission.
• Correctly configuring the "Do Not Disturb" mode, if utilized by the device.

The Provider bears no responsibility for the alarm failing to trigger if the device's operating system (especially on brands with aggressive battery management) terminates or blocks the background process due to missing exemptions.

6. User Content and Shared Schedules

The application allows users to share work schedules and shift swaps. The Provider acts solely as a technical intermediary for sharing this data. The Provider is not responsible for the accuracy, completeness, or timeliness of the schedules shared between users. Users rely on shared schedules and automated alarm changes entirely at their own risk.

7. Limitation of Liability and Ban on Use in Critical Situations

• The application is provided on an "as is" basis.
• Critical situations: The application does not serve as a medical device. It is strictly prohibited to rely on it in situations where the failure of the alarm could lead to a threat to life, health, or severe damage (e.g., waking up to administer critical medication).
• The Provider is not liable for any direct or indirect damages, missed work shifts, lost profits, loss of employment, or other complications arising from incorrect application configuration, hardware failure, or software bugs.

8. Intellectual Property

The source code, graphical user interface, design, logos, and texts of the application are the exclusive intellectual property of the Provider. The User may not reverse engineer, decompile, modify, or create derivative works from the application.

9. Service Availability and Termination

The Provider reserves the right to modify the functionality of the application or terminate its distribution and support at any time. In the event of service termination, Users with an active subscription will be allowed to use the features until the end of their current paid period, after which the subscription will no longer automatically renew.

10. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall primarily be subject to the exclusive jurisdiction of the courts of the Slovak Republic.

Consumer Protection Exception: If you are a consumer accessing the application from outside of the Slovak Republic, nothing in these Terms will deprive you of the mandatory consumer protections guaranteed to you by the laws of your country of residence, nor will it restrict your right to bring legal proceedings in your local competent courts.

Alternative Dispute Resolution (ADR): If you are a consumer and you are not satisfied with the way we handled your complaint, or you believe that we have violated your rights, you may contact us with a request for redress at our email address. If we reject your request or fail to reply within 30 days, you have the right to submit a proposal for alternative dispute resolution to an authorised ADR body. In the Slovak Republic the competent body is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), Central Inspectorate, Department for International Relations and ADR, Bajkalská 21/A, 827 99 Bratislava 27, www.soi.sk. Consumers residing in another EU member state may address the competent ADR body in their own country. Use of ADR is voluntary and free of charge or for a minimal fee.

11. Final Provisions

The Provider reserves the right to update these Terms at any time. Changes become effective on the date they are published in the application or on the website.

12. Contact Us

• By email: info@shiftwake.com
• Operator:
  Registra SK s. r. o.
  Registered office: Predmier 280, 013 51 Predmier, Slovak Republic
  Company ID (IČO): 55376886
  Tax ID (DIČ): 2121961072
  Registered in the Commercial Register of the District Court Žilina, Section: Sro, Insert No. 81819/L