Terms of Use
Last updated: June 11, 2026
Jump to section
1. Acceptance of Terms
In short
By creating an account or using GigShift, you agree to these Terms of Use. If you don't agree, please don't use the Platform.
These Terms of Use ("Terms") form a binding agreement between you and Compunnel, Inc.("Compunnel," "we," "us," or "our") governing your access to and use of GigShift and the related website (collectively, the "Platform"), which Compunnel operates. GigShift is a product of Compunnel; accounts are created and used only in the GigShift mobile app, and this website is informational. Our Privacy Policy is incorporated into these Terms by reference.
⚠ Attorney review needed
2. Eligibility & Account Registration
In short
You must be at least 18, legally able to work in the U.S. or Canada (for workers), and provide accurate information when you sign up.
- You must be at least 18 years old and able to form a binding contract.
- Workers must be legally authorized to work in the country and jurisdiction in which they accept shifts, and must complete the identity and eligibility verification described in Section 4.
- Businesses represent that the individual creating the account has authority to bind the business to these Terms.
- You must provide accurate, current, and complete information and keep it up to date.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
⚠ Attorney review needed
3. The GigShift Platform — Our Role
In short
GigShift is the technology platform that Compunnel uses to operate its staffing business. Compunnel is the Employer of Record for Workers engaged through the Platform — Workers are Compunnel employees. Businesses contract with Compunnel for staffing services delivered through the Platform.
GigShift is the technology platform that Compunnel uses to connect Businesses with Workers and to manage Compunnel's employment relationship with those Workers. Compunnel is the Employer of Record ("EOR") for all Workers who create a profile and accept shifts through the Platform: Compunnel employs the Worker, issues pay and required tax forms (e.g., Form W-2 in the U.S.), and is responsible for employer obligations under applicable wage-and-hour, tax, workers' compensation, and labor law.
Through the Platform, Compunnel (a) verifies Worker identity and work eligibility (Section 4), (b) schedules and assigns shifts, (c) uses location/geofencing to confirm presence at assigned worksites and record hours worked for payroll (Section 5), (d) tracks performance through the Worker Reliability Score, and (e) processes payroll (Section 7). These activities reflect Compunnel's role as the Worker's employer and are carried out using the GigShift platform.
Businesses that use the Platform to obtain staffing engage Compunnel for staffing services; Compunnel assigns its employees (Workers) to fulfill shifts posted by Businesses. Additional terms specific to the business relationship — including service fees, conversion/direct-hire fees, insurance, indemnification, and compliance obligations — are set out in a separate Business Customer Agreement (Section 9).
Workers will also receive and sign Compunnel's Employee Handbook during onboarding, which governs day-to-day workplace conduct, policies, and acknowledgments as a Compunnel employee, separately from these Platform Terms (see Section 6).
Certain AI-powered features of the Platform — including job description drafting, skills screening, job requirement question generation, and dress code generation — are delivered through Eximius AI, a third-party AI provider engaged by Compunnel. Eximius AIprocesses only the data necessary to provide these features and is contractually bound to use that data solely for that purpose.
⚠ Attorney review needed
- The exact legal entity name(s) for Compunnel (EOR) and GigShift (platform operator), and whether they are the same entity or affiliated entities, including in Canada (see Section 21 / Privacy Policy Section 10).
- That the EOR structure is properly documented in Compunnel's own corporate/payroll infrastructure (e.g., state employer registrations, workers' compensation policies, payroll tax accounts) in each state/province where Workers are located.
- That tax-form issuance (Form W-2 for U.S. Workers; Form T4 for Canadian Workers, reflecting employee status) and onboarding flows are consistent with employee — not independent-contractor — status.
- That no language elsewhere in these Terms inadvertently suggests Workers are independent contractors (cross-check Sections 6, 7, 10, 16, and 21).
4. Identity Verification, Background Checks & Consent
In short
To keep the Platform safe and compliant, workers must complete identity verification — including a live selfie check, ID document scan, and (where applicable) a background check — and consent to these checks as a condition of using the Platform.
- Liveness check & ID scan: you consent to GigShift capturing a live facial scan and an image of your government-issued ID to confirm your identity, as described in our Privacy Policy.
- Work authorization: you confirm that the documents and information you provide accurately establish your right to work in the relevant jurisdiction.
- Background checks: where required by a Business or by law, Compunnel will engage a third-party consumer reporting agency to perform a background check as part of your employment onboarding. Before any background check is conducted, you will be provided a standalone Background Check Disclosure and asked to sign a Background Check Authorization, as required by the Fair Credit Reporting Act (FCRA) and applicable state law; that document governs the specifics of the check and your rights, including adverse-action procedures.
- Re-verification: GigShift may require periodic re-verification (including additional liveness checks at shift clock-in) to maintain Platform integrity.
⚠ Attorney review needed
5. Location Services & Geofencing
In short
When you're clocked into a shift, GigShift uses your device's GPS location to confirm you're at the worksite. We don't track your location outside of active shifts.
Workers consent to GigShift collecting precise location data while clocked into a shift for the purposes of (a) confirming presence at the assigned worksite ("geofencing"), (b) providing businesses with real-time shift-coverage visibility, and (c) verifying hours worked for payment purposes. You can disable location services in your device settings, but doing so may prevent you from clocking in or completing shifts.
6. Worker Terms
In short
As a Worker, you are an employee of Compunnel. This section explains your responsibilities when using the Platform — showing up as scheduled, following workplace rules, and how your pay and taxes work. Compunnel's Employee Handbook, which you sign during onboarding, governs your day-to-day employment terms and workplace policies.
You are an employee of Compunnel, which is the Employer of Record for Workers engaged through the Platform. These Platform Terms govern your use of the GigShift technology platform; your employment relationship with Compunnel — including workplace conduct policies, codes of conduct, leave policies, and related acknowledgments — is governed separately by Compunnel's Employee Handbook, which you will review and sign during onboarding.
As part of onboarding, you will review and sign the following documents, which are separate from and in addition to these Platform Terms:
- Employee Handbook — workplace policies, code of conduct, and acknowledgments, signed and dated during onboarding.
- Biometric Data Notice — your consent to collect biometric/liveness data is obtained as part of the onboarding flow (see Privacy Policy Section 2.2).
- Background Check Disclosure & Authorization — required before any background check is performed (see Section 4).
- You agree to arrive on time, complete accepted shifts as scheduled, and follow the workplace policies and safety rules of the business hosting the shift.
- Repeated no-shows, late cancellations, or policy violations may affect your Worker Reliability Score and your ability to access future shifts, as described in Section 8 (Shift Changes, Cancellations & No-Shows).
- You are responsible for reporting and paying any taxes owed on income earned through the Platform, and Compunnel will provide applicable tax forms (Form W-2 in the U.S. and Form T4 in Canada, reflecting your status as a Compunnel employee) where required.
- Pay rates are displayed before you accept a shift; the rate shown is the rate you will be paid for completing that shift as described.
⚠ Attorney review needed
7. Payments to Workers
In short
You are paid by Compunnel, your Employer of Record, for completed and verified shifts. Your pay schedule and payout details (such as your bank account) are set up as part of Compunnel's employee onboarding. This section explains how pay is calculated and what happens if a payment doesn't go through.
- Your earnings for a shift are calculated based on the pay rate shown when you accepted the shift and the hours verified through clock-in/clock-out and location (geofencing) data.
- Your pay schedule and the payout method to which you are paid (for example, your bank account) are collected and managed through Compunnel's employee onboarding process, which is completed with Compunnel outside the GigShift app. Compunnel pays you for completed, verified shifts in accordance with that arrangement and applicable employment law, through its payroll/payment provider.
- You're responsible for keeping the payout information you provide to Compunnel accurate and up to date. Compunnel is not responsible for delayed or misdirected payments caused by inaccurate or outdated payout information.
- If a payment fails, is disputed, or is delayed because verification is incomplete, we'll work with you and the payment provider to resolve it, but we can't guarantee a specific resolution timeline.
- Where permitted by law, amounts you owe Compunnel (for example, due to an overpayment) may be recovered from future payments to you, subject to applicable wage-deduction rules.
- You can view your shift history and pay-related records in the app.
⚠ Attorney review needed
8. Shift Changes, Cancellations & No-Shows
In short
If you can't make a shift you've accepted, or a business needs to cancel a posted shift, do it as early as possible in the app. Late cancellations and no-shows have consequences for both workers and businesses, described below.
- Worker cancellations: cancel an accepted shift as soon as you know you can't attend, using the app. Cancellations made shortly before a shift's start time, and no-shows (not checking in within the grace period shown in the app), are recorded and may negatively affect your Worker Reliability Score and your access to future shifts.
- Business cancellations: cancel a posted shift as soon as it's no longer needed. If a business cancels a shift after a worker has been confirmed and within the cancellation window shown at posting, the business may be charged a cancellation fee as described in its pricing terms, and the affected worker may be eligible for a minimum-pay or "show-up" payment as described in the app.
- Repeated cancellations or no-shows by a worker or a business may result in warnings, temporary suspension, or removal from the Platform, as described in Section 18 (Suspension & Termination).
- GigShift may also cancel or remove a posted shift that does not comply with these Terms or applicable law.
⚠ Attorney review needed
9. Business Terms, Fees & Payments
In short
Businesses pay Compunnel for staffing services delivered through the GigShift platform, according to the pricing and terms set out in their Business Customer Agreement. This section covers the basics; detailed compliance, insurance, indemnification, and fee terms are addressed in that separate agreement.
- Businesses agree to pay all fees associated with shifts filled through the Platform, as described in their Business Customer Agreement or an applicable order form.
- Businesses are responsible for providing accurate shift details (location, duration, role requirements, and any site-access requirements) needed to schedule and dispatch Workers. Workplace safety, wage-and-hour compliance, and other employer-related obligations are addressed through Compunnel's role as Employer of Record and the Business Customer Agreement, not through these Platform Terms.
- Compunnel may change its fees or pricing structure with advance notice; continued use of the Platform after a fee change takes effect constitutes acceptance of the new fees.
- Late or failed payments may result in suspension of a business's ability to post shifts.
Conversion & Direct-Hire Fees
If a Business identifies a Worker through the Platform and wishes to hire that Worker directly (outside the Platform) or convert the Worker's engagement from a Compunnel-employed placement to direct employment by the Business, the Business may be required to pay a conversion or direct-hire fee to Compunnel. The applicable fee structure, calculation method, and any time-based restrictions are set out in the Business Customer Agreement or order form applicable to that Business.
By using the Platform to source Workers, a Business affirmatively agrees to the conversion/direct-hire fee terms in its Business Customer Agreement before using the Platform to identify or engage Workers for potential direct hire.
⚠ Attorney review needed
⚠ Attorney review needed
10. Insurance & Liability for On-Shift Injuries
In short
Because Compunnel is the Employer of Record for Workers, workplace injuries are generally covered by Compunnel's workers' compensation insurance, consistent with the laws of the state or province where the shift takes place.
GigShift is a technology platform. The Business hosting a shift is responsible for maintaining a safe worksite and complying with applicable occupational health and safety laws for that worksite.
As the Employer of Record, Compunnel maintains workers' compensation insurance covering Workers for work-related injuries, in accordance with the workers' compensation laws of the state or province where the Worker is performing the shift. This generally provides Workers with the exclusive remedy for work-related injuries against Compunnel under applicable law, in exchange for no-fault coverage of medical expenses and lost wages.
Businesses are encouraged to maintain general liability and any other insurance coverage required by law or by their Business Customer Agreement for the worksites they operate.
⚠ Attorney review needed
11. Acceptable Use
In short
Use GigShift honestly and lawfully — don't misrepresent who you are, try to bypass verification, harass other users, or use the Platform for anything illegal.
You agree not to:
- Provide false, misleading, or someone else's identity or verification information.
- Attempt to circumvent identity verification, geofencing, or background-check processes.
- Harass, threaten, or discriminate against other users.
- Use the Platform to solicit or arrange work outside the Platform in violation of any applicable agreement.
- Reverse-engineer, scrape, or interfere with the operation or security of the Platform.
- Use the Platform for any unlawful purpose or in violation of any applicable local, state, provincial, or federal law.
Violations may result in warnings, suspension, or permanent termination of your account.
12. Intellectual Property
The Platform, including its software, design, text, graphics, logos, and the GigShift name and brand, is owned by Compunnel, operated under the GigShift brand, or licensed from its licensors, and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Platform without our written permission.
13. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPUNNEL AND GIGSHIFT DO NOT GUARANTEE THAT SHIFTS WILL BE AVAILABLE AT ANY PARTICULAR TIME, THAT WORKERS WILL ACCEPT OR COMPLETE SHIFTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
⚠ Attorney review needed
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPUNNEL AND GIGSHIFT AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPUNNEL AND GIGSHIFT'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO COMPUNNEL IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
⚠ Attorney review needed
15. Indemnification
You agree to indemnify and hold harmless Compunnel, GigShift, and their officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Platform, or your violation of any law or third-party right while using the Platform.
Additional indemnification obligations specific to Businesses — including with respect to workplace conditions, compliance with employment and safety laws at their worksites, and other business-specific risks — are addressed in the Business Customer Agreement, not in these Platform Terms.
⚠ Attorney review needed
16. Dispute Resolution — Arbitration & Class Action Waiver
In short
Most disputes between you and GigShift will be resolved through individual binding arbitration rather than in court, and you agree not to bring or join a class action. This section does not apply where prohibited by law.
You and Compunnel agree to resolve any dispute arising out of or relating to these Terms or the Platform through final and binding arbitration administered by the American Arbitration Association ("AAA") under its applicable rules (for example, the AAA Employment Arbitration Rules for Workers, or the AAA Consumer or Commercial Arbitration Rules for Businesses and visitors, as applicable), on an individual basis, rather than in court, except that either party may bring an individual claim in small claims court. You and Compunnel each waive the right to participate in a class, collective, or representative action.
If you do not want to be bound by this arbitration agreement, you may opt out within 30 days of first accepting these Terms by sending written notice to Compunnel's Legal department by email at gigshift-legal@compunnel.com (or by mail to the address in Section 23), stating your name, the account you use, and that you are opting out of the arbitration agreement. If you opt out, this arbitration agreement (including the class-action waiver) will not apply to you, but the rest of these Terms will continue to apply.
⚠ Attorney review needed
- California: mandatory arbitration of certain employment-related claims (including those brought under PAGA) is restricted for employees; confirm how this applies given Workers' status as Compunnel employees, and whether a PAGA carve-out is required.
- Ontario and Quebec: the carve-outs below are retained as drafted pending separate confirmation of (a) the EOR entity/structure for Canadian Workers, and (b) whether New York arbitration/governing law (Section 17) can validly apply to Canadian Workers and Businesses, or whether Canadian Workers/Businesses must be carved out of this arbitration clause entirely.
- Ontario: the Digital Platform Workers' Rights Act, 2022 restricts mandatory arbitration clauses requiring workers to arbitrate outside Ontario, and disputes regarding employment status under the Employment Standards Act must be resolved by the Ontario Labour Relations Board, not private arbitration.
- Quebec: the Consumer Protection Act prohibits mandatory arbitration clauses and class-action waivers in consumer contracts.
- Arbitration provider/rules/seat: AAA, seat/location New York, NY (see Section 17). Confirm the AAA rule-set selection (Employment vs. Commercial/Consumer) is correctly mapped to Worker vs. Business/visitor users.
- Opt-out: the 30-day opt-out right above is exercised by written notice to gigshift-legal@compunnel.com or the Section 23 mailing address. Confirm Legal monitors that inbox and records opt-outs, and that this email/mail mechanism is sufficient (versus a dedicated form) for the jurisdictions where it applies.
17. Governing Law
These Terms, and any dispute arising out of or relating to these Terms or the Platform, are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where mandatory local law requires otherwise (for example, certain consumer or employment protections in your home state or province may apply regardless of this clause).
⚠ Attorney review needed
18. Suspension & Termination
- You may close your account at any time through the app or by contacting support.
- Compunnel or GigShift may suspend or terminate your account if you violate these Terms, fail identity or background-check requirements, or for safety, fraud-prevention, or legal reasons.
- Upon termination or suspension, GigShift will pay out any earnings you've already earned for completed shifts, less any amounts you owe us, in accordance with Section 7 (Payments to Workers). Any unused prepaid balance held by a business will be handled as described in the applicable order form or pricing terms, less any amounts owed to GigShift.
- Provisions that by their nature should survive termination (e.g., payment obligations, intellectual property, disclaimers, limitation of liability, dispute resolution) will continue to apply.
19. Service Availability & Changes
In short
We may update, change, or temporarily pause parts of the Platform, and neither you nor GigShift is responsible for delays caused by events outside your or our reasonable control.
- GigShift may add, change, remove, or temporarily suspend features of the Platform at any time, including for maintenance, security, or legal reasons.
- We'll use reasonable efforts to give advance notice of changes that materially reduce the functionality available to you, where practical.
- Neither party will be liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, pandemics, internet or utility outages, or governmental action.
20. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email and/or an in-app or website notice before the change takes effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.
21. State & Provincial Notices
In short
Some states and provinces have specific laws affecting Workers and gig platforms. Because Workers are employees of Compunnel (the Employer of Record), many classification-driven issues are resolved, but a few jurisdiction-specific points remain to be confirmed.
California — Employee Status & Wage Order Compliance
Because Workers are classified as employees of Compunnel (the Employer of Record) rather than independent contractors, California's "ABC test" (Labor Code / AB5) and the independent-contractor-specific provisions of Proposition 22 generally do not apply to Workers engaged through the Platform. As Compunnel employees, California Workers are entitled to the protections of the applicable California Wage Orders and Labor Code, including meal and rest breaks, overtime, and itemized wage statements, which Compunnel provides as their employer.
⚠ Attorney review needed
Ontario — Digital Platform Workers' Rights Act, 2022
Ontario law provides certain minimum protections for workers, including information about how pay is calculated and the minimum wage for work performed, and notice before a worker is removed from, or suspended on, the platform. If your account is suspended — which limits your ability to apply for or accept shifts — we notify you (for example, by in-app message, push notification, or SMS), and you can challenge a suspension or a strike on your record using the appeal process available in the app.
⚠ Attorney review needed
Quebec — Consumer Protection Act & French language
For users who qualify as "consumers" under Quebec law, mandatory arbitration clauses and class-action waivers may not be enforceable, and we do not seek to enforce the arbitration agreement in Section 16 against such users where the law prohibits it. Quebec law also requires that these documents be made available in French; a French-language version of these Terms and the Privacy Policy for Quebec users is being prepared and will be made available before we onboard Quebec users.
⚠ Attorney review needed
Other states & provinces
Additional state- or province-specific terms (for example, paid sick leave notifications, wage-statement requirements, or platform-worker deactivation-appeal rights) will be added here as GigShift expands into new jurisdictions and as required by local law.
22. General Provisions
- Entire agreement: these Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and Compunnel regarding the Platform.
- Severability: if any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
- No waiver: our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment: you may not assign these Terms without our consent; GigShift may assign these Terms in connection with a merger, acquisition, or sale of assets.
23. Contact Us
GigShift Legal (operated by Compunnel, Inc.)
Email: gigshift-legal@compunnel.com
Mail: 4390 Route 1 North, Suite 302, Princeton, NJ 08540, USA