Terms of Use

These Terms of Use (“Terms”) are a binding agreement between you and Works Nicely Ventures (“we”, “us”, “our”) covering the ShiftCount: Hours & Pay mobile application, its website pages and related support (together, the “App”). When you download, install or use the App, you accept these Terms and our Privacy Policy. If you do not agree, do not use the App.

ShiftCount helps you record shifts, describe your own pay rules, estimate gross pay for a pay period and compare that estimate with an amount you entered as received.

ShiftCount is not:

• •a payroll, timekeeping or attendance system, or a record your employer keeps;
• •a source of statutory minimum wage, overtime, penalty-rate, holiday-pay or tax rules (the App has no legal-rate presets);
• •a calculator of net pay, tax, superannuation, pension or other deductions;
• •legal, employment, tax, accounting or financial advice;
• •a finding that any amount is owed to you or that anyone has broken the law.

You must be at least 16 years old, or older where local law requires it, to use the App. You may not use it if the law of your country prohibits you from doing so, including sanctions or export-control law. If you use the App for an employer or other organisation, you confirm you are authorised to accept these Terms for it. The App is designed for individual workers keeping their own records.

We give you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the App on devices you own or control, for your own non-commercial use, under these Terms and the rules of the app store you downloaded it from.

You agree not to:

• •copy, modify, distribute, sell or rent the App, or create derivative works from it, except where the law allows this despite this restriction;
• •decompile, reverse engineer or try to extract source code, except where the law expressly permits it;
• •remove or bypass purchase checks, security features or technical limits;
• •use the App to break the law, or to record or share another person’s personal information without a lawful basis;
• •present an App export as an official payroll, employer or government record.

ShiftCount does not require an account, and your shift, pay-rule and pay-period records are stored locally on your device. We do not keep a copy of your ledger on our servers, so we cannot recover records you lose.

• •If you delete the App, reset your device or lose it, your records may be permanently lost unless you have an exported backup.
• •With Lifetime Pro, you can export a JSON backup file and restore it. Once exported, a backup file is under your control. Store it somewhere safe and share it with care, because it contains your pay information.
• •Operating-system device backups (for example iCloud or Google device backup) may include App data. Apple and Google provide those services under their own terms.
• •You are responsible for the accuracy of what you enter and for how you use or share any PDF, record or backup you export.

The App is free to download. Its free version includes one job, 60 days of schedule, two completed reconciliations, the two most recent period details and a demo period. Lifetime Pro is a single, one-time in-app purchase. It unlocks unlimited period history and reconciliations, PDF and machine-readable record export, JSON backup and restore, and any later capabilities we add to Lifetime Pro.

• •No subscription. Lifetime Pro does not renew and you are not charged again. There are no ads in the App.
• •Price. The price shown in the App Store or Google Play at the time of purchase, in your local currency, is the price you pay.
• •Payment. Apple or Google processes the payment as merchant of record, under its own terms. We never receive your card or bank details.
• •“Lifetime”. This means the life of the App on the store accounts linked to your purchase, for as long as we offer the App. It does not mean your own lifetime or a guaranteed period of time.
• •Restore. You can restore Lifetime Pro on another device signed in to the same store account using the restore option in the App. Whether Family Sharing is available is shown on the App’s store page.
• •Refunds. The store handles refund requests under its own policies, and your consumer rights under section 19 are not affected. If a refund is granted or a purchase is revoked, Pro features lock again. Your existing records are not deleted or changed.
• •If a purchase or restore fails, free features keep working.

If you send us suggestions or feedback, we may use them without restriction or payment to you. If you choose to share a research contribution from the App, it contains only what you reviewed on the preview screen, and you send it yourself through your device’s share sheet.

We or our licensors own the App, including its software, design, text, graphics and the ShiftCount name and logo. These Terms do not transfer ownership of any of it to you. You keep all rights in the records you create. To report suspected infringement, contact hello@worksnicely.ventures.

The App uses Firebase Crashlytics, a Google service, to receive crash reports when Settings → Share crash reports is on. The Privacy Policy describes what those reports contain. Apple, Google and any service you use to share an export (email, messaging or cloud storage) operate under their own terms. We are not responsible for their availability or conduct.

We provide the App “as available”. We may release updates that fix, improve, add or remove features. Some updates may be necessary for the App to keep working. We will not intentionally remove a Lifetime Pro feature you paid for without reasonable notice, and we will not make records you have already created inaccessible.

We may change these Terms. For a material change we will give at least 14 days’ notice in the App or on our website before it takes effect. If you keep using the App after the change takes effect, you accept the new Terms. If you do not agree, stop using the App.

You can stop using the App at any time by deleting it. Before you do, export a backup if you want to keep your records. We may end your licence if you materially breach these Terms, or if we discontinue the App. Sections 2, 6, 8, 9 and 13–20 survive termination.

To the extent the law allows, the App is provided “as is” and “as available”, without warranties of any kind, express or implied. This includes warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that estimates will match your actual pay, or that the App will be uninterrupted or error-free. Nothing in this section limits statutory rights that cannot be excluded.

To the extent the law allows:

• •we are not liable for indirect, incidental, special, consequential or punitive damages. This includes lost wages, lost earnings, lost data and decisions made based on an estimate;
• •our total liability arising from the App is limited to the greater of (a) the amount you paid for Lifetime Pro in the 12 months before the claim and (b) USD 50.

These limits do not apply to liability for death or personal injury caused by negligence, fraud or wilful misconduct, or to any other liability that cannot be limited by law.

To the extent the law allows, you agree to indemnify us against claims from third parties that arise from your breach of these Terms or your misuse of an export. This does not apply to the extent a claim was caused by our own negligence or breach. It does not apply to consumers where local law prohibits it.

These Terms are between you and us, not Apple or Google. If these Terms conflict with the store’s mandatory rules, the store’s rules prevail to the extent of the conflict.

Apple. If you downloaded the App from the App Store:

• •Apple has no obligation to provide maintenance or support for the App.
• •If the App fails to conform to an applicable warranty, you may notify Apple for a refund of the purchase price. Apple has no other warranty obligation.
• •Apple is not responsible for product-liability, consumer-protection or intellectual-property claims relating to the App.
• •Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Apple’s Licensed Application End User License Agreement applies where these Terms are silent.

Google. If you downloaded the App from Google Play, the Google Play Terms of Service and policies also apply.

The laws of Vietnam govern these Terms, without regard to conflict-of-laws rules. Please contact hello@worksnicely.ventures first; we will try to resolve any issue informally within 30 days. If we cannot, disputes go to the competent courts of Vietnam, unless section 19 or the mandatory law of your country gives you the right to bring a claim in the courts of where you live. If you are a consumer, the choice of Vietnamese law does not deprive you of the protection of the mandatory rules of the country where you live.

These Terms and the Privacy Policy are the entire agreement between you and us about the App. If any provision is unenforceable, the rest remain in effect. If we do not enforce a right, we have not waived it. We may transfer these Terms to an affiliate or a successor to the App; you may not transfer them without our consent. We may send you notices in the App or on our website.

Nothing in these Terms removes consumer rights that your local law says cannot be excluded.

United States. Some states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so parts of sections 13 and 14 may not apply to you. You may use the App only if you are not on a U.S. government list of prohibited or restricted parties. These Terms do not require arbitration, and they do not waive your right to join a class action.

Canada. Provincial consumer-protection legislation applies to you and prevails over any conflicting term. In Quebec, the Consumer Protection Act applies, and terms that the Act does not allow are not enforceable against you. You may request a French version of these Terms.

United Kingdom. You have statutory rights under the Consumer Rights Act 2015, including the right to digital content that is of satisfactory quality, fit for purpose and as described. When you buy Lifetime Pro, you ask for immediate access and acknowledge that you therefore lose the 14-day cancellation right for digital content. You may bring claims in the courts of the part of the UK where you live.

Australia. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel and receive a refund, or compensation for any other reasonably foreseeable loss or damage. Sections 13 and 14 apply only to the extent the Australian Consumer Law permits.

Vietnam. The Law on Protection of Consumers’ Rights applies to you.

European Union, EEA and Switzerland. You keep the mandatory protections of the consumer law of the country where you live, and you may bring claims in its courts. You have the statutory legal guarantee for digital content under the Digital Content Directive (EU) 2019/770 as implemented in your country. The App and Lifetime Pro must match their description and remain in conformity for as long as we provide them, and we will supply updates needed to keep them in conformity. You normally have 14 days to withdraw from a purchase of digital content. When you buy Lifetime Pro, you expressly ask for immediate access and acknowledge that you therefore lose this withdrawal right once the unlock is supplied. Apple or Google, as merchant of record, handles any refund request.

Germany. Sections 327 to 327u of the German Civil Code (BGB) apply to the App and Lifetime Pro. Instead of section 14, we are liable without limit for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. For slight negligence, we are liable only for breach of an essential obligation that makes proper performance of these Terms possible and on which you may regularly rely, and then only for typical damage that was foreseeable when you accepted these Terms.

Japan. The Consumer Contract Act applies. Any part of sections 13, 14 or 15 that would fully exclude our liability for damage caused by our intent or gross negligence, or that unfairly restricts your rights as a consumer, does not apply to you.

South Korea. The Act on Consumer Protection in Electronic Commerce and the Content Industry Promotion Act apply. You may withdraw from a purchase within seven days, except where the law allows that right to be excluded once use of the digital content has begun and this was clearly disclosed to you. Apple or Google handles the refund.

Brazil. The Consumer Defense Code (Código de Defesa do Consumidor) applies, and any term that conflicts with it is not enforceable against you. You may bring claims in the courts of where you live.

India. The Consumer Protection Act, 2019 and its E-Commerce Rules apply. You can raise a grievance with us at hello@worksnicely.ventures; we acknowledge it within 48 hours and aim to resolve it within one month.

All other countries. If you live anywhere else, the mandatory consumer laws of your country apply to the extent they cannot be excluded by agreement, and they prevail over any conflicting term in these Terms.