Terms of Use
Last updated: June 11, 2026
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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, Inc.", "we," "us," or "our") governing your access to and use of GigShift and the related website (collectively, the "Platform"), which Compunnel, Inc. operates. Our Privacy Policy is incorporated into these Terms by reference.
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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.
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3. The GigShift Platform — Our Role
In short
GigShift is the technology platform that Compunnel, Inc. uses to operate its staffing business. Compunnel, Inc. is the Employer of Record for Workers engaged through the Platform — Workers are Compunnel, Inc. employees. Businesses contract with Compunnel, Inc. for staffing services delivered through the Platform.
GigShift is the technology platform that Compunnel, Inc. uses to connect Businesses with Workers and to manage Compunnel, Inc.'s employment relationship with those Workers. Compunnel, Inc. is the Employer of Record ("EOR") for all Workers who create a profile and accept shifts through the Platform: Compunnel, Inc. 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, Inc. (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, Inc.'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, Inc. for staffing services; Compunnel, Inc. 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, Inc.'s Employee Handbook during onboarding, which governs day-to-day workplace conduct, policies, and acknowledgments as a Compunnel, Inc. 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, a third-party AI provider engaged by Compunnel, Inc. Eximius processes only the data necessary to provide these features and is contractually bound to use that data solely for that purpose.
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- The exact legal entity name(s) for Compunnel, Inc. (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, Inc.'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, Inc. 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.
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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, Inc. This section explains your responsibilities when using the Platform — showing up as scheduled, following workplace rules, and how your pay and taxes work. Compunnel, Inc.'s Employee Handbook, which you sign during onboarding, governs your day-to-day employment terms and workplace policies.
You are an employee of Compunnel, Inc., 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, Inc. — including workplace conduct policies, codes of conduct, leave policies, and related acknowledgments — is governed separately by Compunnel, Inc.'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, Inc. will provide applicable tax forms (Form W-2 in the U.S. and Form T4 in Canada, reflecting your status as a Compunnel, Inc. 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.
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7. Payments to Workers
In short
During onboarding, you choose how you're paid for completed, verified shifts: Daily Pay (paid the next business day after each shift) or Weekly Pay(a consolidated payment every Friday covering the prior week's shifts), to the payout method you've added to your account. This section explains how that works 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.
- Payments are issued according to the pay schedule you select during onboarding — either Daily Pay (the next business day after a completed, verified shift) or Weekly Pay (a single payment every Friday covering shifts completed and verified during the prior week) — to the bank account, debit card, or other payout method you've added to your account, through our third-party payment processor.
- You're responsible for keeping your payout information accurate and up to date. GigShift 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 our payment processor to resolve it, but we can't guarantee a specific resolution timeline.
- Where permitted by law, amounts you owe GigShift (for example, due to a chargeback, fraud, or an overpayment) may be deducted from future payments to you.
- You can view your shift history and payment records at any time in the app.
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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.
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9. Business Terms, Fees & Payments
In short
Businesses pay Compunnel, Inc. 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, Inc.'s role as Employer of Record and the Business Customer Agreement, not through these Platform Terms.
- Compunnel, Inc. 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, Inc.-employed placement to direct employment by the Business, the Business may be required to pay a conversion or direct-hire fee to Compunnel, Inc. 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.
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10. Insurance & Liability for On-Shift Injuries
In short
Because Compunnel, Inc. is the Employer of Record for Workers, workplace injuries are generally covered by Compunnel, Inc.'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, Inc. 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, Inc. 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.
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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, Inc., 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.
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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).
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15. Indemnification
You agree to indemnify and hold harmless Compunnel, Inc., 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.
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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, Inc. 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, Inc. 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 by sending written notice to Compunnel, Inc.'s Legal department (Section 23) within 30 days of first accepting these Terms, using the opt-out procedure described at [opt-out procedure URL / instructions — TBD]. 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.
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- 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, Inc. 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 has been added per business decision; confirm the opt-out notice mechanism (mailing address/email/online form) and update Section 23 contact details accordingly before publishing.
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).
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18. Suspension & Termination
- You may close your account at any time through the app or by contacting support.
- Compunnel, Inc. 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, Inc. (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, Inc. (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, Inc. 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, Inc. provides as their employer.
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Ontario — Digital Platform Workers' Rights Act, 2022
Workers performing "digital platform work" in Ontario are entitled to certain minimum protections regardless of employment classification, including information about how pay is calculated, minimum wage for work performed, notice of removal from the platform, and a right to resolve certain disputes before the Ontario Labour Relations Board. GigShift will provide the disclosures required under this Act to Ontario-based workers.
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Quebec — Consumer Protection Act
For users who qualify as "consumers" under Quebec law, mandatory arbitration clauses and class-action waivers are not enforceable, and contracts must be available in French. GigShift will provide a French-language version of these Terms and the Privacy Policy for Quebec users and adjust Section 16 accordingly.
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India — Employment & Data Protection
Workers engaged in India are employees of Compunnel (acting as Employer of Record in India), not independent contractors. Compunnel issues applicable Indian payroll and tax documentation and administers statutory benefits (e.g., EPF/ESI) where applicable. Background verification and personal-data handling for Indian Workers are conducted consistent with the Digital Personal Data Protection Act, 2023 and applicable Indian law.
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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, Inc. 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
Compunnel, Inc. Legal (GigShift Platform)
Email: gigshift-legal@compunnel.com
Mail: 4390 Route 1 North, Suite 302, Princeton, NJ 08540, USA