Shift Terms And Conditions

These Terms and Conditions (formerly the EULA) was last revised and shall become effective as of July 15th, 2025.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.

Shift Technologies Inc. (“Shift”, “we”, or “our”) strives to provide exceptional software products that help to make your web browsing and Internet experience more enjoyable. By installing and using this Shift software application (the “Software”), and using any applicable products, services, documentation, media, manuals and other technical information including an online help system related to the Software (the “Related Materials”), and/or any third-party extensions incorporated within the Software, you hereby agreed to the following terms and conditions.

THE SOFTWARE AND THE RELATED MATERIALS ARE PROVIDED TO YOU BY SHIFT FOR USE ONLY IN ACCORDANCE WITH THE TERMS, CONDITIONS AND RESTRICTIONS SET OUT IN THESE TERMS AND CONDITIONS (THE “AGREEMENT”). ALL RIGHTS WHICH ARE NOT EXPRESSLY GRANTED TO YOU UNDER THIS AGREEMENT ARE RESERVED BY SHIFT.

SUMMARY

If you are in a hurry, here is a brief overview of the important terms. Please note that this summary does not highlight all of the terms and conditions relating to your use of the Software and/or any Related Materials.

  • You are being granted a limited, revocable, non-exclusive right and license to install and use the Software and Related Materials on your computer system. You are not permitted to share, transfer, assign, sell, or sublicense your license to use the Software and Related Materials.
  • You are not permitted, either directly or indirectly, in whole or in part, to modify, reverse engineer, disassemble, decompile, or creative derivative works of the Software, the Related Materials, and/or any third-party extensions incorporated in the Software.
  • The Software, the Related Materials, and any third-party software components, technologies, or extensions are being provided to you on an “as is” and “as available” basis without any warranties and guarantees.
  • We use a small number of trusted third parties to help provide our products, services, and the Software. Read more under the sections titled Third-Party Content/Technology/Software/Service/Solutions Providers and Third-party Software Applications and Extensions.
  • The Software default search is powered by select search partners. Shift may display third-party advertisements and promotions through the Software and/or Related Materials for certain products, goods, software applications, and/or services. Shift shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of your dealings with such third parties and your use of their applicable products, goods, software applications, and/or services. Read more under Advertisements and Third-party Content and Links.
  • You agree that the Software may automatically download and install updates, upgrades, or fixes to the Software. Read more under Collection and Use of Information.

By installing and using the Software and any Related Materials, you agree to the terms and conditions of this Agreement in its entirety.

1. LICENSE

1.1 Subject to the terms and conditions of this Agreement, and provided that you are of legal age to form a binding contract in the applicable jurisdiction where you reside, Shift grants to you (“you” or “your”) a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to install the Software on your computer system and to use the Software and the Related Materials in accordance with this Agreement and any other written agreement that you may have with Shift. These terms and conditions will also govern any software upgrades and updates provided by Shift that replace and/or supplement the original Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that software license agreement will govern. You are being granted a right and license to use the Software and the Related Materials. Shift does not transfer title of the Software or the Related Materials to you. This Agreement is a legally binding agreement between Shift and you. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using this Software and any Related Materials and remove the Software and any associated Related Materials from your computer. Shift reserves the right to terminate this Agreement and the licenses granted in the event that you breach any term or condition of this Agreement.

1.2 Third-Party Content/Technology/Software/Service/Solutions Providers. The Software may include third-party software components, services, solutions, content, and technologies. Such third-party software, services and/or technologies may incorporate certain open-source software and code, which is being licensed to you and is subject to the licensing terms and conditions of each applicable third-party provider. You are permitted to use and may be permitted to distribute, free of charge, certain source code of the Software functionality under the applicable public licenses. The applicable open-source licenses may permit you to copy, run, modify, and/or redistribute the open-source components, subject to certain restrictions, described in the terms of each applicable license. Your use of any software components and technologies that are not open source are subject to the applicable licensing terms and conditions. You are responsible for reviewing and complying with each applicable license. The terms and conditions of this Agreement are not intended to limit your rights under the applicable third-party licenses, nor grant you any rights that supersede the terms and conditions of any particular third-party licenses. You acknowledge and agree that in the event of any conflict or discrepancy between the terms and conditions set out in this Agreement and the applicable third-party license, the terms of the third-party license shall govern and prevail. For more information about these third-party technologies, software, services and solutions providers, please CLICK HERE.

2. DISTRIBUTION

Unless otherwise authorized herein or by a written agreement between you and Shift, the Software, any Related Materials, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.

3. USER AGREEMENT

3.1 Use Restrictions. You shall use this Software and any Related Materials in compliance with all applicable laws and not for any unlawful purpose. The assignment, sublicense, networking, sale, or distribution of copies of this Software is strictly forbidden without the prior written consent of Shift. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this Software. You shall not allow others to use or make copies of this licensed Software.

3.2 Copyright Restriction. You acknowledge and agree that any and all intellectual property rights to or arising from the Software and Related Materials are and shall remain the exclusive property of Shift and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you under this Agreement. You will not take any action to jeopardize, limit or interfere with the intellectual property rights of Shift. You acknowledge and agree that any unauthorized use of the intellectual property rights of Shift is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and intellectual property rights in and to any third-party content that is not contained in the Software, but may be accessed through use of the Software and/or Related Materials, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. The Software and Related Materials contain copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, either directly or indirectly, modify, reverse engineer, disassemble or decompile this Software, the Related Materials, and/or any third-party extensions incorporated in the Software. Furthermore, you are not permitted to create any derivative works or other works that are based upon or derived from the Software and/or Related Materials in whole or in part. The foregoing shall not apply to any open-source software and/or technologies as defined under Section 1.2 above, and you agree to comply with any and all terms, conditions, licenses, guidelines, and policies with respect to such open-source software and/or technologies. No program, code, part, image, or text may be copied or used in any way by you or any user of the Software and/or Related Materials except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Shift and its applicable licensors.

3.3 Subscription License. Certain features and functionality of the Software and/or Related Materials may require the purchase of a subscription license (a “Subscription License”). By purchasing a Subscription License, you acknowledge and agree: (i) that you are purchasing the license and right to use certain features, functionality, and any associated services of the Software and/or Related Materials for a specified period of time; (ii) to the Subscription License terms and conditions located at shift.com/legal/subscription-terms-of-use; (iii) that Shift may offer a number of different Subscription License plans, including promotional subscriptions plans or subscriptions plans with various features and functionality or limitations; (iv) that Shift reserves the right, at any time and in its sole discretion to modify, terminate or otherwise amend the Subscription License plan(s) that may be offered to you; (iv) that your Subscription License will be activated following Shift’s receipt and confirmation that your purchase and payment method has been validated and approved; and (v) that there may be a delay in verifying and processing your Subscription License purchase, and to update your access to certain features and functionality of the Software and/or Related Materials. Once you have purchased a valid Subscription License, you may be required to activate the Software through the Internet. The Software contains technological measures to prevent unauthorized and unlicensed use of certain features and functionality of the Software.

3.4 Limitation of Liability & Indemnification. You will indemnify, hold harmless, and defend Shift, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Software and the Related Materials. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL SHIFT, ITS LICENSORS AND CONTRIBUTORS, EMPLOYEES, AGENTS OR DISTRIBUTORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, THE RELATED MATERIALS, ANY THIRD-PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, EXTENSIONS, OR THE USE OR INABILITY TO USE THE SOFTWARE, RELATED MATERIALS, AND/OR ANY PRODUCTS, GOODS, SOFTWARE APPLICATIONS, AND/OR SERVICES MADE AVAILABLE TO YOU OR ADVERTISED AND PROMOTED THROUGH THE SITE, OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SHIFT BE LIABLE FOR ANY FAILURE OR DELAY RESULTING FROM ANY GOVERNMENTAL ACTION, FIRE, FLOOD, INSURRECTION, EARTHQUAKE, POWER FAILURE, RIOT, EXPLOSION, EMBARGO, STRIKES WHETHER LEGAL OR ILLEGAL, LABOR OR MATERIAL SHORTAGE, TRANSPORTATION INTERRUPTION OF ANY KIND, WORK SLOWDOWN, OR ANY ACTION BEYOND ITS REASONABLE CONTROL. WITHOUT LIMITING ANY OF THE FOREGOING, SHIFT’S TOTAL AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT, OR GENERALLY, WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE LICENSE TO USE THE SOFTWARE AND/OR ANY RELATED MATERIALS. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY CLAIMS THAT YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SHIFT WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SET FORTH UNDER THIS LIMITATION OF LIABILITY.

3.5 Disclaimer and Warranties. THE SOFTWARE, THE RELATED MATERIALS, AND ANY THIRD-PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, OR EXTENSIONS ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN WRITING BY AN AUTHORIZED EMPLOYEE OF SHIFT, SHIFT AND ITS LICENSORS AND CONTRIBUTORS MAKE NO REPRESENTATION OR WARRANTIES IN RESPECT OF THE SOFTWARE, THE RELATED MATERIALS, OR ANY THIRD-PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, OR EXTENSIONS AND EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SHIFT AND ITS LICENSORS AND CONTRIBUTORS FURTHER DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE, THE RELATED MATERIALS, OR ANY THIRD-PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, OR EXTENSIONS WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SHIFT, ITS LICENSORS AND CONTRIBUTORS WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, TO OR FROM ANY NETWORK OR ANY QUALITY OF ANY COMMUNICATION MADE USING THE SOFTWARE, THE RELATED MATERIALS, OR ANY THIRD-PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, OR EXTENSIONS. WITHOUT LIMITING THE FOREGOING DISCLAIMER, SHIFT AND ITS LICENSORS AND CONTRIBUTORS DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SOFTWARE, SOFTWARE COMPONENTS, TECHNOLOGIES, EXTENSIONS, OR ANY OF ITS ASSOCIATED SERVICES (I) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; OR (II) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION THAT YOU PROVIDE) FROM UNAUTHORIZED ACCESS OR MALICIOUS ATTACKS. SHIFT RESERVES THE RIGHT TO MODIFY, CHANGE, AND/OR DISCONTINUE ANY AND ALL PORTIONS OF THE SOFTWARE AND/OR ANY RELATED MATERIALS AT ANY TIME AND MAY ALSO REMOVE OR ADD FEATURES OR FUNCTIONALITY TO THE SOFTWARE AND/OR ANY RELATED MATERIALS IN ITS SOLE DISCRETION. NOTHING IN THIS AGREEMENT OBLIGATES SHIFT TO MAKE ANY PREVIOUSLY AVAILABLE FEATURE OF THE SOFTWARE AND/OR ANY RELATED MATERIALS AVAILABLE TO YOU, OR OFFER ANY TYPES OF COMPATABILITY OR VERSIONING.

3.6 Governing Law. This Agreement, and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of British Columbia, and any competent Courts of Appeal therefrom with respect to all disputes arising out of or in connection with this Agreement or in respect of any legal relationship associated with or derived from this Agreement and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts and any claims on the grounds of inconvenient forum. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SHIFT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

3.7 Term and Termination. This Agreement will be effective from the date that you install the Software and shall remain effective until terminated by either Shift or you. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of the licenses and rights granted herein. You may terminate this Agreement with immediate effect at any time, with or without cause. Upon termination of the license granted herein for any reason, you agree to immediately cease use of the Software and any Related Materials, and destroy all copies of the Software and the Related Materials. Your indemnification obligations shall survive the termination of this license.

3.8 Equitable Relief. You agree that a material breach of this Agreement by you would cause irreparable injury to Shift for which there may be no adequate remedy at law. Shift shall have the right to apply to any court of competent jurisdiction for injunctive relief and specific performance, without prejudice to any remedies available to it at law or in equity.

3.9 No Waiver. No term or condition of the Agreement will be deemed amended or waived, and no breach excused, unless such amendment, waiver or consent is in writing and signed by Shift. The failure of Shift to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of Shift to enforce each and every such provision thereafter.

4. USER ACCOUNT CREATION

4.1 Administrator Account. In order to access certain features and functionality and/or Related Materials being made available to you through the Software, you will be required to establish a Shift Teams Account (“Teams Account”). The person who creates a Teams Account registration on behalf of any company, entity or organization (“Subscribing Organization”) is the initial “Administrator“ for purposes of such Subscribing Organization’s use of the Related Materials, and exercises certain options to initially determine the level of access, privacy, and security for use of the services related to the Subscribing Organization . For example, the Administrator will determine who can be a user (a “User”) of the Related Materials associated with that Administrator and Subscribing Organization and the level of privileges that such User will possess. The Administrator represents and warrants that it has the full legal right and authorization to bind the Subscribing Organization to this Agreement. Once the Teams Account has been created and the initial registration has been completed, each Subscribing Organization will be able to register additional Administrators. Each Administrator may designate other Users as additional and/or successor Administrators; provided that each Administrator is responsible for confirming that those person(s) accept such responsibility. Upon becoming an Administrator, each person will be deemed to have agreed to the terms and conditions of this Agreement and to the obligations hereunder. In addition, any person designated as the billing contact in the billing record for a Subscribing Organization will be deemed to assume the rights and obligations of an Administrator.

4.2 Connected Services. By connecting to the Software and/or Related Materials through a third-party service provider (if applicable), you give Shift permission to access, use, and to store certain information about you that is obtained from that third-party service provider, and as permitted by such service provider. Such information may include, without limitation, your log-in credentials for that service provider. For clarification purposes, your log-in credentials will be accessed and collected by the Software and stored on the computer system where the Software is installed. Shift does not collect and store any of your log-in credentials. Shift cannot access your log-in credentials that have been collected, used by the Software, and stored on your computer system.

4.3 Account Access. You are not permitted to use another User’s account and/or Teams Account without their authorization. When creating your account and/or Teams Account, you must provide accurate and complete information, and you must keep this information up to date with Shift. You are solely responsible for the activity that occurs on your account and/or Teams Account, and you must keep your account and/or Teams Account username and password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account and/or Teams Account. You must notify Shift immediately of any actual or suspected breach of security or unauthorized use of your account and/or Teams Account. Shift will not be liable for any damages caused or losses incurred by any unauthorized access and/or authorized use of your account and/or Teams Account. If you wish to share your account and/or Teams Account login credentials (username and password) to allow others to gain access to your account and/or Teams Account, you agree that BY SHARING YOUR ACCOUNT AND/OR TEAMS ACCOUNT USERNAME AND PASSWORD, YOU AGREE TO BE RESPONSIBLE FOR ASSURING THAT ANY USERS OF THE ACCOUNT AND/OR TEAMS ACCOUNT COMPLY WITH THE TERMS OF THIS AGREEMENT AND THAT YOU SHALL BE RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF SUCH USERS WHETHER AUTHORIZED OR NOT.

5. SAVE PASSWORD SECURITY

Certain features of the Software have been developed with encryption technology to protect the information and data that you provide through the Software. When enabled by you, these features provide additional security by creating a separate vault which is designed to isolate your information and data from certain attacks including data leakage, unauthorized access, malware or malicious attacks. Shift creates an encrypted file that contains the information and data provided by you which is then stored on your computer in the vault created by the Software. If you enable Password Syncing, the encrypted file is transmitted to Shift’s vault service and synchronized with your other devices. Shift’s vault service and synchronization process encrypts the transmitted file a second time providing an additional layer of protection. Although the Software uses advanced encryption technologies, Shift does not guarantee or warrant that the Software or vault service will prevent any unauthorized access to the information and data that you provide through the Software or during any synchronization process. To aid in password recovery and to enable password syncing on additional devices, Shift produces an emergency kit containing the vault password. It is strongly recommended that you print a copy of this emergency kit (or save it to a USB key or external hard drive) and store it in a safe place. IF YOUR VAULT PASSWORD IS LOST, THE VAULT DATA CANNOT BE RECOVERED. SHIFT SHALL NOT BE LIABLE FOR ANY LOSS OF INFORMATION OR DATA ARISING FROM YOUR FAILURE TO SAVE THE EMERGENCY KIT NOR SHALL SHIFT BE LIABLE TO YOU IN ANY WAY FOR ANY UNAUTHORIZED ACCESS TO YOUR EMERGENCY KIT.

6.1 Collection and Use of Information. You agree that Shift may collect and use information transmitted by you through the Software, the Related Materials, and/or gathered in any manner as part of the services provided to you, if any. The Software contains components that enable and facilitate the use of certain technologies and internet-based services. You acknowledge and agree that Shift may automatically check the version of the Software that has been installed on your computer system that you are utilizing and may provide updates, upgrades, or fixes to the Software. Shift will not collect any personally identifiable information from your computer location or workstation during this process. The Software may automatically download and install updates, upgrades, or fixes to the Software from Shift. These updates, upgrades, or fixes are designed to improve, enhance, and further develop your use of the Software. You agree to receive such updates, upgrades, or fixes (and permit Shift to deliver these to you) as part of your use of the Software.

6.2 Import Browser Data. You agree that the Software may automatically import, collect and use information, data, and settings that have been stored in your default Internet web browser software and/or other Internet web browser software that has been installed on your computer system. Such information, data, and settings may include, without limitation, browser search history, browsing history, favorites or bookmarks, and saved passwords. For clarification purposes, Shift does not collect, use, or store any browser information, data, and/or settings that have been imported by the Software. Such information is collected and used by the Software only and is stored on your computer system. Shift does not have access to, nor can Shift view any information, data, and settings that have been imported by the Software.

6.3 Privacy Policy. Your use of the Software and/or any Related Materials is subject to Shift’s Privacy Policy. For more information on Shift’s Privacy Policy, please visit shift.com/legal/privacy or by clicking into Advanced settings of the Software and going to “About Shift”.

The Software default search is powered by select search partners. A portion of advertising revenue generated from default search supports Shift financially. To facilitate this, search requests may redirect through a website owned by Shift or our search partners.

8. ADVERTISEMENTS

Some components of the Software may be supported by advertising revenue and may display advertisements and promotions. Shift may display third-party advertisements and promotions through the Software and/or Related Materials for certain products, goods, software applications, and/or services. These advertisements may be targeted to the content of information stored by or through the Software, queries made through the Software or other information. The manner, mode and extent of advertising by Shift through the Software are subject to change without prior notice to you. In consideration for Shift granting you access to and use of the Software, the Related Materials, and/or any associated services, you agree that Shift may place such advertising on the Software and on any Related Materials. Shift may have no control over any third-party content, software, or resources which are being provided through such advertising. You agree that Shift shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of your dealings with such third parties and your use of their applicable products, goods, software applications, and/or services.

The Software may include hyperlinks to other third-party web sites, content, or resources. Shift may have no control over any web sites, content, or resources which are being provided through the Software by third-parties other than Shift. When using the Software, the Related Materials, and any associated services, you acknowledge and agree that Shift is not responsible for the availability of any such third-party external sites, content, or resources. Shift does not endorse any advertising, products, services, or other materials on or available from such third-party web sites, content, or resources. You further acknowledge and agree that Shift shall not be liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, content, or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, services, or other materials on, or available from, such web sites or resources.

Shift is not affiliated, sponsored or endorsed by affiliation with, sponsorship, or endorsement by Internet Explorer®, Firefox® and Chrome™.

10. THIRD PARTY SOFTWARE APPLICATIONS AND EXTENSIONS

Shift may advertise and recommend third-party software applications and software extensions to you for the purposes of enhancing your experience with the Software and/or Related Materials. These third-party applications and software extensions are intended to work with the Software and/or Related Materials to provide additional features and functionality. When using any third-party application or software extension(s) as identified and recommended through the Software and/or the Related Materials, or as advertised and recommended by Shift, you will be bound to that third-party’s own terms and conditions and legal agreements. All third-party content, software product names, company names, and software extensions displayed in the Software, and the Related Materials are for identification purposes only and may be the copyright and trademark of their respective owners. Shift is in no way affiliated with nor does Shift represent or endorse any of the companies, products, and/or services identified and displayed in the Software and/or the Related Materials. UNDER NO CIRCUMSTANCE SHALL SHIFT BE LIABLE FOR ANY LOSSES (INCLUDING DATA OR PROFIT LOSS, LOSS OF BUSINESS, OR LOSS OF USE), DAMAGE, OR ANY OTHER CONSEQUENCES THAT MAY ARISE AS A RESULT OF YOUR USE OF ANY THIRD-PARTY SOFTWARE APPLICATIONS AND/OR SOFTWARE EXTENSIONS. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING, INSTALLING, AND USING ANY THIRD-PARTY SOFTWARE APPLICATIONS AND SOFTWARE EXTENSIONS.

11. EQUIPMENT AND CONNECTIONS

In order to access and use the Software and/or any Related Materials, you may be required to purchase equipment such as a computer or other device. You are solely responsible for purchasing and properly connecting such equipment to access the Software and/or any Related Materials. The Software and certain Related Materials are required to connect to the Internet through telecommunications systems in order to operate as intended. You are solely responsible for purchasing and maintaining such connections. Shift shall not be liable to you for any failure or issue related to any connection or equipment you may use to access, use, and interact with the Software and/or any Related Materials.

12. ALWAYS ON APPLICATION

The Software is intentionally always active on your computer system. If you need to disable the Software temporarily, click the Shift icon in the notification area of the Windows taskbar and then click "Exit". If you would like to remove the Software from your system please use the Windows Control Panel "Programs and Features" function to uninstall. Shift makes use of the Windows Task Scheduler to start the Software on system login and provide automatic updates. If you would like to disable this functionality, open "Settings" from the Software's main menu, click "Advanced" and then click "Manage startup and updates".

Shift reserves the right to alter, modify, update, or remove the Software and/or any Related Materials or any portion(s) thereof, at any time in our discretion. Shift reserves the right to discontinue previously offered features or functionality in its sole discretion and without prior notice. Under no circumstances shall Shift be liable to you or to any third party for any modification, removal, suspension, or discontinuance of any feature or component of any portion of the Software and/or any Related Materials. Shift reserves the right to determine the timing and content of Software updates, which may be automatically downloaded and installed by the Software without user interaction and without notice to you.

14. CHANGES TO TERMS

Shift may make changes to this Agreement from time to time at its sole discretion. When these changes are made, Shift will make any new terms and conditions available to you from within, or through, the Software or by other communication methods. You understand and agree that if you continue to use the Software after the date on which the Software terms and conditions have changed, such continued use of the Software and any Related Materials after the date on which the Software terms and conditions or the terms and conditions of any Related Materials have changed, such continued use of the Software and/or Related Materials shall be deemed as your acknowledgement and acceptance of the updated terms and conditions.

The Software is made possible by the Chromium open source project, licensed under CC BY 2.5.

15. CONTACTING US

Shift Technologies Inc. #520 - 1515 Douglas St.Victoria, BC V8W 2G4, Canada privacy@shift.com