Terms of Service

Version: v3 · Last updated: October 14, 2026 · Replaces v2 of September 17, 2026 (section 6 and 7: the Policy Assistant’s pilot mode)

These Terms of Service (the “Terms”) are an agreement between you and Shiftmark (“we”, “us”, or “our”) governing your use of the Shiftmark mobile application, the facility web portal at app.shiftmark.ca, the website at shiftmark.ca, and the related services (together, the “Services”). By creating an account or using the Services you agree to these Terms and to our Privacy Notice. If you do not agree, do not use the Services.

If you use the Services on behalf of a long-term care facility or other organisation, you confirm that you have authority to bind it, and “you” includes that organisation.

1. What Shiftmark is

Shiftmark is a platform that connects healthcare professionals — registered nurses, registered practical nurses, and personal support workers (“Professionals”) — with long-term care facilities and similar organisations (“Facilities”) that need shifts covered. Shiftmark also provides tools for Facilities and their staff: shift notes, required education, and a Policy Assistant that answers questions from a Facility’s own uploaded documents.

Shiftmark is not a healthcare provider, a staffing agency, or an employer of Professionals, and it is not a party to any shift. A Facility that posts a shift and a Professional who accepts it are contracting with each other; Shiftmark provides the platform, verification, records, invoicing, and payment services described in these Terms.

2. Eligibility and accounts

• You must be at least 18 years old and able to enter a binding contract.
• Professionals must hold a current registration with the College of Nurses of Ontario (RN or RPN) or a personal support worker credential from a recognised program, and must keep it current. You must tell us promptly if your registration lapses, is suspended, or is restricted.
• Facility accounts may be created only by people authorised to act for the Facility. Members and employees you invite act under your Facility’s account, and you are responsible for their use of it.
• You must provide accurate information, keep it up to date, and keep your sign-in details private. You are responsible for everything done through your account. Tell us at support@shiftmark.ca immediately if you believe your account has been compromised.
• One person may hold one Professional account.

3. Verification

We verify Professional credentials before a Professional can accept marketplace shifts. Verification may rely on documents you upload, on the public registers of regulatory bodies, and on our review. A verified status means we checked the documents and registers available to us at that time; it is not a guarantee of a Professional’s competence, conduct, or continued registration. Facilities remain responsible for their own onboarding, orientation, and supervision obligations, and for confirming a Professional’s registration where their own policies or the law require it.

Uploading a document that is altered, forged, or belongs to someone else, or claiming a credential you do not hold, is a material breach and will result in termination and may be reported to the relevant regulatory body.

4. Shifts

Posting. A Facility posting a marketplace shift states the date, hours, unit, credential required, and an hourly rate. The Facility’s total cost — the Professional’s earnings plus our platform fee — is shown before the shift is posted. Shifts visible only to a Facility’s own employees (“internal shifts”) carry no rate and are not invoiced through Shiftmark.

Applying and acceptance. A Professional may apply to a shift they are qualified for. A Facility accepts one applicant; the others are notified. A Professional may only apply while their credential is verified and any education the Facility has marked as required is complete. Applying to a shift and accepting an applicant each create a commitment to work and to provide the shift as posted.

Cancellation. A Facility may cancel an open shift, or an accepted shift before the arrival confirmation has been started, from the app; after that, cancellation requires contacting support. A Professional may withdraw a pending application at any time and should contact the Facility and support as early as possible if they cannot work an accepted shift. Repeated late cancellations or withdrawals may lead to suspension.

Arrival and departure. A shift is confirmed by an arrival confirmation and a departure confirmation, each a single-use code exchanged in person between the Facility and the Professional within 15 minutes of the scheduled start and end. The app records the Professional’s device location at the moment of each confirmation. These records are the evidence that a shift was worked.

Automatic status changes. The following happen automatically, on a timer:

• if arrival is not confirmed within 15 minutes after the scheduled start, the shift is marked a no-show and the Professional is not paid for it;
• if departure is not confirmed within 15 minutes after the scheduled end, the shift is marked completed as posted and payment proceeds;
• an open shift whose start time has passed with no Professional assigned expires.

If you believe an automatic status change is wrong, contact support@shiftmark.ca within 7 days and a person will review it. We may correct a shift’s status, issue a refund or credit, or adjust a payment as a result.

Conduct on shift. Professionals must comply with the Facility’s policies, the standards of their regulatory body, and applicable law while on shift, and must report to the Facility as the Facility directs. Facilities must provide a safe workplace, appropriate orientation, and the supervision the law requires.

5. Payments, invoicing, and fees

How money moves. A Facility is not charged per shift. Completed marketplace shifts accrue and are invoiced to the Facility twice a month, on the 1st and the 16th, for the preceding half-month. Invoices are payable within 15 days by pre-authorised debit or card through our payments provider, Stripe. When an invoice is paid, Shiftmark transfers each Professional’s earnings for the shifts on it to the Professional’s Stripe account. Shiftmark does not advance a Professional’s earnings before the Facility has paid.

Platform fee. Shiftmark charges the Facility a platform fee calculated as a percentage of the Professional’s earnings for each shift, at the rate shown when the shift is posted and fixed for that shift. The fee is added to, not deducted from, the Professional’s earnings. Applicable taxes, including HST, are added to invoices.

Overdue invoices. A Facility with an overdue invoice cannot post marketplace shifts until it is paid. We may charge interest on overdue amounts at 1.5% per month (19.56% per year) and recover reasonable collection costs.

Professionals and Stripe. To be paid, a Professional must complete onboarding with Stripe, including identity verification, and agree to the Stripe Connected Account Agreement. Professionals are responsible for their own taxes on earnings received through Shiftmark; Shiftmark does not withhold income tax, CPP, or EI. We will provide the reporting the law requires of us.

Refunds and corrections. Where a shift was recorded incorrectly, we may refund or credit the Facility for that line. Our platform fee is not refunded on partial refunds.

Pilot and promotional terms. We may offer some or all of the Services free of charge, or on other terms, for a stated period. Those terms apply for that period only and do not change these Terms otherwise.

6. Shift notes, education, and the Policy Assistant

Shift notes are for operational handover about the shift and the place — equipment, supplies, routines. They are not for information about residents. The app warns when a note appears to be about a resident; it is your responsibility not to record resident information in a note. Notes are visible to the Facility’s members and to Professionals working there during the windows the app allows, are kept for 12 months, and cannot be edited or deleted after they are saved.

Education. A Facility may require Professionals to complete courses before working its shifts. Course content is provided by Shiftmark for orientation and is not a substitute for a Facility’s own training obligations or a Professional’s professional education.

The Policy Assistant. A Facility may upload its own policy and procedure documents. Staff on shift at that Facility may ask questions and receive answers generated from those documents, with citations. You acknowledge that:

• answers are generated by an automated system from the Facility’s documents and may be incomplete, outdated, or wrong;
• the Policy Assistant is not a source of medical, nursing, or legal advice, and does not replace the Facility’s policies, a Professional’s judgment, a supervisor, or emergency procedures — in an emergency, follow the Facility’s emergency procedures and call for help;
• the Facility is responsible for the documents it uploads, for having the right to upload them, and for keeping them current;
• documents that contain resident records are refused at upload and must not be uploaded; and
• in standard mode, questions are checked for resident identifiers on your device and on our servers, and are refused if identifiers remain. Do not attempt to work around these checks;
• in pilot mode, available only where the Facility has accepted the Policy Assistant Pilot Agreement and switched the Policy Assistant to it in the portal or the app, your question is de-identified by an automated privacy pass and then processed in full by the providers named in that Agreement, as the Facility’s agent and electronic service provider. The privacy pass is not perfect; the Agreement says who may receive an identifier it misses. Include only the details needed to ask your question. The Facility may switch back to standard mode at any time, which ends the pilot for that Facility; and
• the Policy Assistant Pilot Agreement governs the Policy Assistant for a Facility that has accepted it, and prevails over these Terms where they differ on that subject.

7. Resident information

The Services are designed so that personal health information about a Facility’s residents is not collected, and you must not enter it. Each Facility remains the health information custodian of its residents’ records under Ontario’s Personal Health Information Protection Act. Do not enter resident names, room or bed numbers, health card numbers, dates of birth, diagnoses, or other identifying resident information in shift titles, shift notes, Policy Assistant questions (except as the Policy Assistant Pilot Agreement provides, at a Facility that has accepted it), uploaded documents, reviews, or support messages. If you become aware that resident information has entered the Services, tell us at privacy@shiftmark.ca and we will remove it.

8. Acceptable use

You must not:

• use the Services for any unlawful purpose or in breach of any professional or regulatory obligation;
• misrepresent your identity, credentials, authority, or a Facility;
• post a shift you do not intend to fill or apply to a shift you do not intend to work;
• circumvent the Services to avoid the platform fee for a shift found through Shiftmark;
• harass, threaten, or discriminate against anyone; post reviews that are false, abusive, or about anything other than the shift;
• share arrival or departure codes, confirm a shift that was not worked, or falsify a location;
• upload malicious code, scrape the Services, probe or overload our systems, or access another account or data you are not authorised to access; or
• use the Services to build a competing product or to train a machine-learning model.

9. Reviews

After a shift, a Facility and a Professional may rate and review each other. Reviews must be honest, about the shift, and free of resident information. We may remove reviews that breach these Terms and may display average ratings. We do not verify reviews.

10. Suspension and termination

You may delete your account at any time from the app. We may suspend or terminate your account, remove content, or restrict features if you breach these Terms, if your credential lapses or is restricted, if we receive a credible complaint about your conduct on shift, if required by law, or to protect the Services or other users. Where practical we will tell you why. Accepted shifts, invoices issued, and amounts owed at the time of termination remain due. Sections 5, 7, and 11 to 15 survive termination.

11. Intellectual property and your content

The Services, including software, design, course content, and trademarks, belong to Shiftmark or its licensors. We grant you a limited, revocable, non-transferable licence to use the Services as permitted by these Terms.

You keep ownership of the content you upload. You grant Shiftmark a licence to store, process, display, and transmit it as needed to provide the Services, including converting Facility documents into a form the Policy Assistant can search. We may use de-identified, aggregated information about how the Services are used to operate and improve them.

12. Disclaimers

The Services are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement. We do not guarantee that shifts will be posted or filled, that any Professional or Facility is suitable, that the Services will be uninterrupted or error-free, or that Policy Assistant answers are accurate. Verification of a credential is not an endorsement.

13. Limitation of liability

To the fullest extent permitted by law, Shiftmark is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from the Services or these Terms. Our total liability for all claims relating to the Services in any 12-month period is limited to the platform fees you paid to us in that period or, for Professionals, CAD $500, whichever is greater. Nothing in these Terms limits liability for fraud, gross negligence, wilful misconduct, or anything that cannot be limited by law.

Shiftmark is not responsible for the acts or omissions of any Facility or Professional, for the care provided to residents, or for a Facility’s compliance with the Fixing Long-Term Care Act, 2021 or other law.

14. Indemnity

You will indemnify Shiftmark and its officers, directors, and contractors against claims, losses, and costs, including reasonable legal fees, arising from your breach of these Terms, your content, resident information you enter into the Services, or your conduct on or in connection with a shift.

15. Governing law and disputes

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario. Before starting any proceeding, you agree to contact us at support@shiftmark.ca and give us 30 days to resolve the matter. Subject to that, the courts of Ontario have exclusive jurisdiction. Nothing in this section prevents either party from seeking urgent injunctive relief or from complaining to a regulator.

16. Changes to the Services or these Terms

We may change the Services at any time. We may change these Terms by posting the revised version with a new “Last updated” date and, for material changes, notifying you in the app or by email. Continued use after the effective date is acceptance of the revised Terms. If you do not agree, stop using the Services and delete your account.

17. General

These Terms and the Privacy Notice are the whole agreement between you and Shiftmark about the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor in a merger, acquisition, or sale of assets. Notices to you may be sent to the email address on your account.

18. Contact

Email: support@shiftmark.ca · Privacy: privacy@shiftmark.ca

Post: Shiftmark 255 Shaver Road Jerseyville, Ontario L0R 1R0 Canada