Effective date: September 14, 2026

These Terms of Use (“Terms”) govern your access to and use of whatashift.com and the websites, accounts, software features, consulting services, and other services offered by What-a-Shift (“What-a-Shift,” “we,” “us,” or “our”).

By accessing our website, creating an account, purchasing services, or otherwise using our services, you agree to these Terms. If you do not agree, do not use our website or services.

1. Eligibility and Business Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use our services.

If you use our services on behalf of a restaurant, company, or other organization, you represent that you have authority to accept these Terms on its behalf. In that case, “you” includes both you and that organization.

2. Our Services

What-a-Shift provides website, technology, menu-management, consulting, and related digital services for restaurants and other businesses. Features may include:

• Restaurant website design, development, hosting, and maintenance
• Customer accounts and administrative tools
• Multi-location and location-specific menu features
• Connections with point-of-sale, ordering, payment, messaging, analytics, and other third-party services
• Consulting and technical support
• Additional products or services described on our website, in an order form, proposal, statement of work, or service agreement

Some features may still be under development, offered as beta features, or unavailable in certain locations.

3. Additional Agreements

Paid services may be governed by an order form, proposal, statement of work, subscription description, or other written agreement.

If an additional written agreement conflicts with these Terms, the additional agreement controls for the services it covers. These Terms continue to apply to matters not addressed by that agreement.

4. Accounts

You may need an account to use certain services. You agree to:

• Provide accurate and current information
• Keep your login credentials confidential
• Promptly update information that changes
• Restrict unauthorized access to your account
• Notify us promptly if you suspect unauthorized activity

You are responsible for activity conducted through your account unless applicable law provides otherwise. We may require identity or business verification before creating, restoring, or changing access to an account.

5. Fees and Payments

Prices, payment schedules, deposits, recurring fees, and other charges will be disclosed before purchase or included in the applicable proposal, order form, or service agreement.

Payments may be processed by Stripe or another disclosed payment provider. Your use of a payment provider may also be governed by that provider’s terms and privacy policy.

You agree to provide accurate billing information and authorize us and our payment processor to charge the payment method you provide for amounts that become due.

Unless otherwise stated in writing:

• Fees are quoted in U.S. dollars.
• You are responsible for applicable taxes, except taxes based on our net income.
• Past-due amounts may result in suspension of paid services.
• Fees already earned for completed work are nonrefundable.
• Refunds, credits, cancellations, and deposit treatment are governed by the offer or agreement under which the payment was made.

6. Subscriptions and Automatic Renewal

If you purchase a recurring subscription, its price, billing frequency, renewal terms, minimum commitment, and cancellation method will be disclosed before you enroll.

By enrolling, you authorize recurring charges to your selected payment method until the subscription is canceled or otherwise ends. You may cancel using the method disclosed during enrollment or by contacting us at [BILLING OR SUPPORT EMAIL].

Unless otherwise disclosed, cancellation stops future renewals and does not create a refund for a billing period that has already begun. We will provide any notice or refund required by applicable law.

7. Client Content

“Client Content” means menus, prices, descriptions, photographs, videos, logos, trademarks, business information, customer communications, and other materials you provide, upload, connect, or authorize us to use.

You retain ownership of your Client Content. You grant What-a-Shift a nonexclusive, worldwide, royalty-free license to host, copy, format, modify, display, transmit, and otherwise use Client Content only as reasonably necessary to provide, maintain, promote, secure, and improve the services you request.

You represent that:

• You own or have permission to use the Client Content.
• Our authorized use of it will not violate another person’s copyright, trademark, privacy, publicity, contractual, or other rights.
• Menu information, pricing, hours, locations, promotions, and other business information you provide are accurate.
• Your content complies with applicable laws and industry requirements.

You remain responsible for reviewing and approving content displayed on your restaurant website.

8. Menu and Integration Data

Our services may display or synchronize information received from Toast or other third-party platforms. You are responsible for maintaining accurate source data and reviewing the information displayed to customers.

Synchronization may be delayed, incomplete, interrupted, or affected by third-party availability, settings, permissions, formatting, or technical limitations. You should verify important information—including pricing, availability, allergens, hours, and location-specific offerings—before relying on it.

Unless specifically agreed in writing, What-a-Shift does not guarantee uninterrupted or error-free synchronization.

9. Restaurant and Food Information

Restaurants are solely responsible for their menu content, prices, product availability, preparation methods, dietary claims, allergen statements, nutritional information, legal disclosures, and fulfillment of customer orders.

What-a-Shift does not independently verify food-safety, allergy, dietary, nutritional, licensing, or regulatory information supplied by a restaurant. Customers with allergies or dietary restrictions should contact the restaurant directly before ordering.

10. Online Ordering and Payments

Restaurant websites may link to or integrate with third-party ordering, reservation, delivery, point-of-sale, and payment services.

Unless expressly stated otherwise, the restaurant—not What-a-Shift—is responsible for:

• Accepting, preparing, modifying, canceling, refunding, and fulfilling customer orders
• Menu accuracy and product availability
• Taxes, tips, delivery charges, and restaurant fees
• Customer service relating to restaurant purchases
• Food quality, safety, and legal compliance

Additional terms may apply to transactions processed by a restaurant or third-party provider.

11. Acceptable Use

You may not use our website or services to:

• Violate any law or another person’s rights
• Upload content you do not have the right to use
• Distribute malware or harmful code
• Attempt to gain unauthorized access to an account, system, or network
• Probe, scan, overload, disrupt, or interfere with the services
• Circumvent security, access restrictions, or usage limits
• Scrape, harvest, or collect data through unauthorized automated means
• Impersonate another person or misrepresent your affiliation
• Send spam, unlawful marketing, or abusive communications
• Publish deceptive, fraudulent, defamatory, obscene, or unlawful material
• Reverse engineer or attempt to extract source code except where the law expressly permits it
• Use the services to build or train a competing product without our written permission
• Remove copyright, trademark, or ownership notices

We may investigate suspected misuse and cooperate with lawful requests from government or law-enforcement authorities.

12. Text Messages

If you provide your mobile number and consent to text messaging, What-a-Shift may send messages such as account notices, consultation reminders, project updates, support responses, payment communications, and marketing messages you agreed to receive.

Message frequency may vary. Message and data rates may apply. Consent to marketing texts is not a condition of purchase.

You may opt out of nonessential messages by replying STOP. You may reply HELP for assistance or contact [SUPPORT EMAIL OR PHONE NUMBER]. We may send one final text confirming your opt-out.

Carriers are not responsible for delayed or undelivered messages. Text messaging may not be available through every carrier or device.

Our collection and handling of mobile information are described in our Privacy Policy.

13. Third-Party Services

Our services may contain links to or connect with services operated by third parties, including WordPress, Elementor, Google Analytics, Wordfence, Stripe, Toast, social networks, and restaurant ordering or delivery providers.

Third-party services are governed by their own terms and privacy policies. We do not control and are not responsible for their content, security, availability, functionality, changes, or data practices.

An integration may stop working if a third party modifies or discontinues its service, restricts access, changes its technical requirements, or terminates our or your access.

References to third-party products do not imply sponsorship or endorsement unless expressly stated.

14. Intellectual Property

Except for Client Content and third-party materials, What-a-Shift and its licensors own the website, platform, software, designs, templates, documentation, branding, text, graphics, and other materials made available through our services.

Subject to these Terms and payment of applicable fees, we grant you a limited, nonexclusive, nontransferable, revocable right to access and use the services for your internal business purposes.

No ownership rights are transferred except as expressly stated in a written agreement. Ownership and permitted use of custom website deliverables will be governed by the applicable proposal or service agreement.

“What-a-Shift,” our logos, and related branding may not be used without our written permission.

15. Feedback

If you provide suggestions, ideas, or feedback about our services, you authorize us to use them without restriction or compensation. This does not transfer ownership of your confidential business information or Client Content.

16. Copyright Complaints

We respect intellectual property rights. Instructions for reporting alleged copyright infringement are provided in our Copyright & DMCA Policy at [INSERT DMCA POLICY URL].

17. Privacy

Our collection and use of personal information are described in our Privacy Policy at [INSERT PRIVACY POLICY URL].

Our use of cookies and similar technologies is described in our Cookie Policy at [INSERT COOKIE POLICY URL].

18. Accessibility

Information about our accessibility efforts and how to report an accessibility barrier is available in our Web Accessibility Statement at [INSERT ACCESSIBILITY STATEMENT URL].

19. Confidentiality

If either party receives nonpublic business, technical, financial, or customer information that a reasonable person would understand to be confidential, the receiving party will use reasonable care to protect it and will use it only for the purpose for which it was disclosed.

This obligation does not apply to information that:

• Becomes public without a breach of these Terms
• Was already lawfully known without a confidentiality obligation
• Is received lawfully from another source
• Is independently developed without using the confidential information
• Must be disclosed by law, subpoena, or court order

More specific confidentiality obligations in a separate written agreement will control.

20. Suspension and Termination

You may stop using our public website at any time. Paid services may be canceled or terminated according to the applicable subscription terms, proposal, or service agreement.

We may suspend or terminate access if:

• You materially violate these Terms or another agreement with us
• Required fees remain unpaid
• Your use creates a security, legal, or operational risk
• We reasonably suspect fraud or unauthorized activity
• A third-party provider prevents us from continuing a required service
• Suspension or termination is required by law

When reasonably practical, we will provide notice and an opportunity to correct a violation. We may act immediately when necessary to protect users, systems, or legal rights.

Provisions that by their nature should continue after termination—including payment obligations, ownership provisions, disclaimers, liability limitations, and dispute terms—will survive.

21. Service Changes and Availability

We may add, modify, suspend, or discontinue features. We may also perform maintenance or make security updates without prior notice.

We do not guarantee that every feature will always be available, compatible with every device or third-party system, or free from interruption. If a change materially affects a paid service, any remedies will be determined by the applicable service agreement and law.

22. Disclaimer of Warranties

To the fullest extent permitted by law, our website and services are provided “as is” and “as available.”

What-a-Shift disclaims all warranties not expressly provided in writing, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.

We do not guarantee that:

• The services will be uninterrupted, secure, or error-free
• Every defect or integration issue will be corrected
• Use of the services will produce a particular level of sales, traffic, customer engagement, profit, or business success
• Information supplied by restaurants or third parties will be accurate or current
• Third-party services will remain available or unchanged

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

23. Limitation of Liability

To the fullest extent permitted by law, What-a-Shift and its owners, officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, business opportunities, or anticipated savings.

To the fullest extent permitted by law, our total liability arising from or relating to the services will not exceed the amount you paid to What-a-Shift for the service giving rise to the claim during the 12 months before the event giving rise to liability. If you paid nothing for that service, our total liability will not exceed $100.

These limitations apply regardless of the legal theory asserted and even if we were advised that damages were possible. They do not apply where liability cannot legally be limited.

24. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless What-a-Shift and its owners, officers, employees, contractors, and affiliates from claims, damages, losses, liabilities, and reasonable expenses arising from:

• Your Client Content
• Your restaurant operations, products, menus, orders, or customer relationships
• Your misuse of the services
• Your violation of these Terms or applicable law
• Your infringement or violation of another person’s rights

We will provide reasonable notice of a covered claim and may participate in its defense. You may not settle a claim in a way that admits wrongdoing by or imposes an obligation on What-a-Shift without our written consent.

25. Governing Law and Venue

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law principles.

Any legal proceeding arising from these Terms or the services must be brought in the state or federal courts located in [COUNTY, STATE], and each party consents to those courts’ jurisdiction and venue.

Nothing in this section prevents either party from seeking appropriate relief in small-claims court or requesting emergency injunctive relief where permitted.

26. Changes to These Terms

We may update these Terms as our services or legal obligations change. The revised Terms will be posted with a new effective date.

If a change materially affects an existing paid service, we will provide additional notice when required by law or the applicable agreement. Continuing to use the services after updated Terms take effect means you accept the revised Terms, except where additional consent is legally required.

27. General Provisions

If a provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

We are not responsible for a delay or failure caused by events beyond our reasonable control, including natural disasters, labor disputes, internet or utility failures, cyberattacks, government actions, or failures of third-party platforms.

These Terms and any applicable written service agreement constitute the entire agreement concerning their subject matter and replace prior discussions or understandings about that subject matter.

28. Contact Us

Questions about these Terms may be sent to:

What-a-Shift
Legal business name: Rabb Consulting DBA What-a-Shift
Email: support@whatashift.com