Effective Date: September 28, 2026
These Job Seeker Terms and Conditions (“Terms”) govern access to and use of the NxtShyft platform, website, mobile applications, software, services, and related features (collectively, the “Platform”) by individuals seeking employment or employment-related opportunities (“Job Seekers,” “you,” or “your”).
The Platform is operated by NxtShyft LLC, a Colorado limited liability company (“NxtShyft,” “we,” “us,” or “our”).
By creating a Job Seeker Account, accessing or using the Platform, creating a profile, applying for a job, communicating with an Employer, participating in the NxtShyft Rewards Program, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and acknowledge the NxtShyft Privacy Policy.
If you are under eighteen (18), additional provisions applicable to Minor Job Seekers appear below.
NxtShyft provides a technology platform designed to connect individuals seeking employment opportunities with businesses and organizations seeking workers (“Employers”).
The Platform may provide features including:
NxtShyft provides technology intended to facilitate connections between Job Seekers and Employers.
NxtShyft is not your employer and does not employ, supervise, direct, compensate, hire, terminate, or control Job Seekers.
Unless expressly provided otherwise in a separate written agreement, NxtShyft is not a staffing agency, temporary employment agency, professional employer organization, recruiter, employment agency, or joint employer.
NxtShyft does not become a party to an employment relationship merely because a Job Seeker and Employer connect through the Platform.
Any employment relationship that results from use of the Platform is between the Job Seeker and the applicable Employer.
To create and maintain a Job Seeker Account, you must:
Individuals under fifteen (15) years old may not create or maintain a Job Seeker Account unless NxtShyft expressly establishes a separate program permitting such access.
NxtShyft may request reasonable information to confirm identity, age, eligibility, account ownership, or other information necessary to operate or protect the Platform.
NxtShyft permits eligible individuals between fifteen (15) and seventeen (17) years old (“Minor Job Seekers”) to use the Platform, subject to these Terms, NxtShyft policies, and applicable law.
If you are between fifteen (15) and seventeen (17) years old, your NxtShyft Job Seeker Account is subject to Parent/Guardian Consent & Acknowledgment. Your account may not be fully activated, and certain Platform features may remain unavailable, until NxtShyft receives the required Parent/Guardian Consent.
NxtShyft may require a parent or legal guardian to provide consent, acknowledgment, verification, or other authorization before a Minor Job Seeker creates an account, accesses certain features, applies for certain positions, participates in certain programs, or provides certain personal information.
NxtShyft may suspend or restrict a Minor Job Seeker Account until requested parental or guardian authorization is completed.
The ability to:
does not mean that the Job Seeker is legally eligible to perform that particular job.
Federal, state, and local laws may restrict employment based on age, work hours, school schedules, occupation, equipment used, industry, driving requirements, hazardous activities, or other factors.
Employers are responsible for determining whether a Minor Job Seeker may legally be hired for and perform a particular position.
Minor Job Seekers and their parents or guardians are also encouraged to independently review applicable youth-employment requirements before accepting employment.
Depending upon the applicable jurisdiction and position, a Minor Job Seeker may be required to obtain or provide:
NxtShyft does not issue work permits or determine whether a particular permit or authorization is legally required.
Minor Job Seekers should not agree to perform work that they reasonably believe is unlawful, unsafe, inconsistent with the job posting, or inappropriate for their age.
A Minor Job Seeker should immediately report suspicious, inappropriate, exploitative, threatening, or unsafe conduct through NxtShyft’s available reporting mechanisms and should involve a parent, guardian, trusted adult, or appropriate authority when warranted.
You are responsible for maintaining the confidentiality and security of your NxtShyft Account credentials.
You may not:
You must promptly notify NxtShyft if you believe your account has been accessed or used without authorization.
You are responsible for information you submit through the Platform.
You agree that information contained in your profile, applications, qualifications, work history, availability, education, certifications, skills, preferences, and other employment-related information will be materially accurate and not intentionally misleading.
You may not knowingly:
NxtShyft may suspend or terminate accounts containing fraudulent or materially misleading information.
NxtShyft may allow you to apply for jobs through the Platform.
Submitting an application does not guarantee:
The Employer makes its own hiring decisions.
Once you submit information to an Employer, that Employer may independently maintain or process that information subject to applicable law and its own employment and privacy obligations.
NxtShyft may take reasonable steps to establish standards for Employer participation and may investigate reports of improper Employer activity.
However, unless NxtShyft expressly states otherwise, NxtShyft does not guarantee:
Job Seekers should use reasonable judgment when evaluating employment opportunities.
NxtShyft may remove Employers, job postings, or other content that it reasonably believes violates Platform policies or presents a risk to users.
NxtShyft may use artificial intelligence (“AI”), algorithms, automated systems, questionnaires, personality assessments, compatibility indicators, availability information, geographic information, Job Seeker preferences, Employer requirements, and other information to assist Job Seekers and Employers.
These technologies may generate:
These features are collectively referred to as “AI-Assisted Features.”
AI-Assisted Features are intended to assist Job Seekers and Employers in identifying potentially relevant opportunities and candidates.
They are informational and decision-support tools.
NxtShyft does not make final hiring or employment decisions on behalf of Employers.
An Employer retains responsibility for deciding whom to interview, hire, reject, schedule, compensate, promote, discipline, or terminate.
AI-assisted and automated outputs may contain inaccuracies, incomplete information, incorrect inferences, or results that do not fully reflect you, your qualifications, your abilities, your preferences, or your compatibility with an Employer.
NxtShyft does not guarantee that:
NxtShyft may offer personality assessments, questionnaires, scores, compatibility indicators, or related tools designed to assist with workplace matching.
These tools are not intended to constitute medical, clinical, psychiatric, or psychological diagnoses or evaluations.
NxtShyft does not intend personality information to be used to diagnose disabilities, medical conditions, mental-health conditions, or other protected characteristics.
Job Seekers should independently evaluate employment opportunities rather than relying solely on an AI-generated recommendation or compatibility score.
Employers are expected to exercise independent human judgment in making employment decisions.
NxtShyft may provide notices, disclosures, correction mechanisms, human-review procedures, opt-outs, alternative processes, or other rights relating to automated processing where required by applicable law.
Additional information concerning NxtShyft’s processing of personal information through AI-Assisted Features will be provided in the NxtShyft Privacy Policy or applicable supplemental notices.
NxtShyft may permit Job Seekers to provide information concerning:
Job Seekers are responsible for maintaining reasonably accurate availability information.
Availability information may be shared with or used to match Job Seekers with Employers as described in the Privacy Policy.
Providing availability does not obligate a Job Seeker to accept a particular job, interview, shift, schedule, or employment offer unless the Job Seeker separately agrees to such an obligation with an Employer.
NxtShyft may collect and process information necessary to create and operate your account, provide Platform functionality, connect you with Employers, personalize your experience, provide AI-Assisted Features, administer rewards, maintain Platform security, and comply with legal obligations.
Depending upon your use of the Platform, this information may include:
NxtShyft’s collection, use, disclosure, storage, retention, deletion, and protection of personal information is governed by the NxtShyft Privacy Policy, which is incorporated into these Terms by reference.
When you apply to an Employer, communicate with an Employer, permit your profile to be visible, or otherwise interact with an Employer through the Platform, certain information may be provided or made accessible to that Employer for legitimate employment-related purposes.
Once an Employer receives your personal information, the Employer may have independent legal responsibilities regarding that information.
NxtShyft does not control every subsequent use of information lawfully received and independently maintained by an Employer.
NxtShyft may implement additional privacy protections, disclosures, consent procedures, restrictions, or parental/guardian controls for Minor Job Seekers.
NxtShyft will handle information concerning minors in accordance with applicable law and the NxtShyft Privacy Policy.
NxtShyft may permit Job Seekers and Employers to communicate through Platform messaging or other communication features.
Job Seekers agree to use these features professionally and for legitimate employment-related purposes.
You may not use the Platform to:
You should report suspicious or inappropriate Employer communications to NxtShyft.
Job Seekers are responsible for exercising reasonable judgment when meeting or communicating with Employers.
NxtShyft does not supervise interviews, workplace visits, onboarding, work activities, or other interactions occurring outside the Platform.
If an Employer asks you to:
you should discontinue the interaction and report the matter to NxtShyft.
If you accept employment through an opportunity found on NxtShyft, your employment relationship is directly with the Employer.
The Employer—not NxtShyft—is responsible for matters including:
Questions or disputes relating to employment terms generally must be addressed with the Employer.
NxtShyft does not guarantee that use of the Platform will result in employment.
NxtShyft does not guarantee:
Employment opportunities vary based on location, age, qualifications, availability, labor-market conditions, Employer needs, and other factors.
Eligible Job Seekers may have the opportunity to participate in the NxtShyft Job Seeker Rewards Program.
Participation in the Rewards Program is optional.
A Job Seeker who wishes to participate may be required to separately acknowledge the then-current NxtShyft Job Seeker Rewards Policy before receiving or activating a personal referral code or QR code.
The Job Seeker Rewards Policy is incorporated into these Terms by reference for participating Job Seekers.
Eligible Job Seekers may receive a unique referral code, QR code, or other referral identifier associated with their account.
These identifiers may be used to promote NxtShyft and refer eligible Job Seekers and Employers to the Platform.
Points, rewards, eligibility requirements, redemption values, expiration periods, qualifying activities, anti-fraud provisions, and other Rewards Program rules are governed by the then-current NxtShyft Job Seeker Rewards Policy.
Participation in the Rewards Program does not create an employment, independent-contractor, agency, partnership, franchise, or joint-venture relationship between the Job Seeker and NxtShyft.
Unless expressly stated otherwise in a lawful promotion, Job Seekers are not required to purchase a NxtShyft product or service to participate in eligible Job Seeker referral activities.
Participants may not:
NxtShyft may deny, reverse, suspend, or cancel points or rewards reasonably determined to have resulted from fraud, manipulation, error, duplicate activity, or violation of applicable program terms.
Your use of NxtShyft, including participation in the Job Seeker Rewards Program, does not make you:
You may not represent that you are employed by or authorized to act on behalf of NxtShyft unless NxtShyft separately provides written authorization.
You retain ownership of photographs, profile descriptions, résumés, documents, and other content you lawfully submit to the Platform (“Job Seeker Content”).
By submitting Job Seeker Content, you grant NxtShyft a non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, process, display, and distribute that content as reasonably necessary to:
You represent that you own or have sufficient rights to submit your Job Seeker Content.
This license does not authorize NxtShyft to sell your résumé or personal profile information as an unrelated product contrary to the Privacy Policy.
The Platform and its software, design, graphics, trademarks, logos, databases, algorithms, processes, content, functionality, and technology are owned by or licensed to NxtShyft and protected by applicable intellectual-property laws.
Except for the limited right to use the Platform under these Terms, no intellectual-property rights are transferred to you.
You may not:
Job Seekers may not use the Platform to:
NxtShyft wants users to report suspected:
Reports may be submitted through Platform reporting features or by contacting NxtShyft.
NxtShyft may investigate reports and take appropriate Platform action, including restricting accounts, removing content, preserving relevant information, or contacting appropriate authorities when warranted.
NxtShyft’s ability to investigate or take Platform action does not make NxtShyft responsible for supervising Employers or workplaces.
NxtShyft may modify, update, enhance, suspend, discontinue, replace, or add Platform features from time to time.
NxtShyft does not guarantee uninterrupted or error-free availability.
Temporary interruptions may result from maintenance, updates, telecommunications failures, third-party services, cybersecurity events, or circumstances beyond NxtShyft’s reasonable control.
NxtShyft may integrate with third-party services including:
Third-party services may be subject to their own terms and privacy practices.
NxtShyft does not control independent third-party services.
An Employer may independently require background checks, reference checks, drug testing, employment-eligibility verification, driving-record checks, professional-license verification, or other lawful employment screening.
Unless expressly stated otherwise, NxtShyft does not conduct or control such screening.
Employers are responsible for complying with laws applicable to their screening activities.
Job Seekers retain any rights provided to them by applicable law concerning background reports, consumer reports, notices, authorizations, disputes, or adverse employment actions.
NxtShyft may restrict, suspend, or terminate a Job Seeker Account if NxtShyft reasonably believes that the Job Seeker:
Where appropriate, NxtShyft may investigate suspected violations before taking action.
NxtShyft may immediately restrict access where reasonably necessary to protect users, minors, Platform security, or the public.
Job Seekers may discontinue use of NxtShyft and may request closure or deletion of their account through the methods provided by NxtShyft.
Account closure or deletion is subject to:
Certain information may therefore be retained after account closure where legally permitted or required.
By creating a NxtShyft Account, you agree to receive electronic communications necessary to operate your account and provide the Platform, including:
Where required by applicable law, marketing or promotional communications will be subject to applicable consent and opt-out requirements.
Electronic acceptance of these Terms has the same effect as a written signature to the extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”
NXTSHYFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NXTSHYFT DOES NOT WARRANT THAT:
Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NXTSHYFT AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NXTSHYFT’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO A JOB SEEKER’S USE OF THE PLATFORM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Nothing in these Terms limits liability that cannot legally be limited.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless NxtShyft and its affiliates, owners, officers, directors, employees, agents, and contractors from third-party claims, damages, liabilities, losses, costs, and reasonable attorneys’ fees arising from:
Nothing in this Section creates an obligation that cannot lawfully be imposed upon a Minor Job Seeker.
These Terms and disputes arising from or relating to them or the Platform will be governed by the laws of the State of Colorado, without regard to conflict-of-law principles, except where federal law applies or applicable law requires otherwise.
To the extent legally enforceable, disputes, claims, or controversies arising from or relating to these Terms or use of the Platform will be resolved through binding individual arbitration, except:
Arbitration will be administered by a nationally recognized arbitration provider under applicable consumer arbitration rules.
Unless otherwise required by law or agreed by the parties, arbitration may occur remotely or in Colorado.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NXTSHYFT AND THE JOB SEEKER AGREE THAT CLAIMS SUBJECT TO ARBITRATION WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Any arbitration or dispute-resolution provision applicable to a Minor Job Seeker will be enforced only to the extent permitted by applicable law and any legally effective parent or guardian consent requirements.
Nothing in this Section is intended to eliminate or restrict rights that cannot legally be waived.
NxtShyft may update these Terms from time to time.
When changes are material, NxtShyft may provide notice through the Platform, by email, or through another reasonable method.
NxtShyft may require Job Seekers to affirmatively accept materially revised Terms before continuing to use some or all Platform features.
Additional parent or guardian acknowledgment may be required for material changes affecting Minor Job Seekers where appropriate or legally required.
You may not assign your rights or obligations under these Terms to another person without NxtShyft’s written consent.
NxtShyft may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, conversion, sale of assets, or transfer of the Platform or substantially all of the applicable business.
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent legally permissible, and the remaining provisions will remain in effect.
NxtShyft’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other right.
These Terms, together with the NxtShyft Privacy Policy, the NxtShyft Job Seeker Rewards Policy for participating Job Seekers, and any additional terms expressly incorporated by reference constitute the applicable agreement between the Job Seeker and NxtShyft concerning use of the Platform.
If separate terms expressly conflict with these Terms, the more specific terms will control with respect to the particular service or program they govern.
Questions concerning these Terms may be directed to:
NxtShyft LLC
230 Third St – Unit 290, Castle Rock, CO 80104
Email: support@nxtshyft.com
Website: NxtShyft.com
By selecting “I Agree,” “Create My Account,” “Accept & Continue,” or a substantially similar acknowledgment, I confirm that:
☐ I have read and agree to the NxtShyft Job Seeker Terms and Conditions and acknowledge the NxtShyft Privacy Policy.
NxtShyft may require separate parent or legal guardian verification or acknowledgment before activating certain features for a Minor Job Seeker.