Terms of Use

1. Who Can Use Shifty

You must be at least 18 years old and able to form a binding contract to use the Service. By using Shifty, you represent that you meet these requirements and that the information you provide is accurate.

2. Your Account

• You are responsible for your account, for keeping your login credentials secure, and for everything that happens under your account.
• Provide accurate information and keep it current. Shifty relies on the details you enter, including VINs, mileage, and purchase information.
• Tell us promptly at hello@driveshifty.com if you suspect unauthorized use of your account.
• You may not share your account, impersonate anyone, or create an account for someone else without authority.

3. The Service

Shifty lets you track collector cars, record details and documents, see estimated values and market intelligence, and manage records such as service, insurance, and warranty information. Features change over time, and we may add, modify, or remove features at our discretion.

4. Subscriptions, Billing, and Refunds

• Shifty offers a free tier and paid subscriptions (currently Pro and Collector). Features and prices for each tier are described in the app and on driveshifty.com and may change.
• Paid subscriptions are sold through the Apple App Store and billed to your Apple account. Payment, billing, and renewals are handled by Apple under your App Store agreement.
• Shifty Curated is not a subscription. It is a concierge service our team performs for you, contracted and billed directly with us under a separate written agreement, and is not sold through the App Store.
• Subscriptions renew automatically for the same period unless you cancel at least 24 hours before the end of the current period. Manage or cancel your subscription in your App Store account settings.
• If we change the price of a subscription, we will give notice as required, and the new price applies to the next renewal.
• Refunds are handled by Apple under its policies. Except where required by law or by Apple, payments are non-refundable. Founding member pricing, where offered, is subject to the terms presented at the time of the offer.

5. Valuations Are Estimates, Not Advice

The Shifty Estimate and any values, ranges, trends, or market figures in the Service are informational estimates produced by algorithms and by data from third-party and public sources. They are not appraisals, offers to buy or sell, guarantees of value, or financial, investment, tax, or insurance advice.

Collector car values vary with condition, specification, provenance, timing, and many other factors, and the underlying data may be incomplete, delayed, or inaccurate. Do not rely on Shifty values as the sole basis for buying, selling, insuring, or financing a vehicle. Always do your own research and consult qualified professionals. To the fullest extent permitted by law, Shifty is not liable for decisions you make based on estimates or market information in the Service.

6. Your Content

You keep ownership of the content you add, including your car details, photos, documents, and notes ("Your Content"). You grant Shifty a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and use Your Content for the purpose of operating, providing, securing, and improving the Service, and to create aggregated and de-identified data as described in our Privacy Policy.

You are responsible for Your Content. You represent that you have the rights to it and that it does not violate any law or the rights of others. If you make content public, other members can see it.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Copy, scrape, harvest, or extract data from the Service except as expressly allowed.
• Upload false, misleading, infringing, or unlawful content, or content that is not yours to share.
• Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its systems.
• Reverse engineer, decompile, or attempt to derive the source code or methodology of the Service, including the methods behind the Shifty Estimate, except where the law does not allow this restriction.
• Resell, sublicense, or commercially exploit the Service without our written permission.

8. Intellectual Property

The Service, including the Shifty app, the Shifty name and logo, the website, the design, and the methodology and outputs of the Shifty Estimate, is owned by Shifty or its licensors and is protected by intellectual property laws. We grant you a limited, personal, non-transferable license to use the Service as permitted by these Terms and our End User License Agreement. All rights not granted are reserved.

9. Third-Party Services and Content

The Service relies on and links to third parties, including the App Store, sign-in providers, and market data sources. We do not control them and are not responsible for their content, products, or practices. Your use of third-party services is governed by their terms.

10. Disclaimers

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or accurate, or that values and market information will be reliable. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.

11. Limitation of Liability

To the fullest extent permitted by law, Shifty and its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost data, or loss of goodwill, arising out of or related to your use of or inability to use the Service, including any reliance on valuations or market information, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, the total liability of Shifty for all claims relating to the Service will not exceed the greater of the amount you paid Shifty in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars.

12. Indemnification

You agree to indemnify and hold harmless Shifty and its owners, officers, employees, and agents from any claims, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of your use of the Service, Your Content, your violation of these Terms, or your violation of any law or the rights of others.

13. Dispute Resolution, Arbitration, and Class Action Waiver

Please read this section carefully. It affects your legal rights and requires individual arbitration instead of court trials and class actions.

Informal resolution first: before starting an arbitration, you agree to contact us at hello@driveshifty.com and give us 30 days to try to resolve the dispute informally.

Binding arbitration: if we cannot resolve a dispute, you and Shifty agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) or JAMS under their applicable rules, rather than in court, except as noted below. The arbitration will take place in Florida or by remote means, and judgment on the award may be entered in any court with jurisdiction.

Class action and jury waiver: you and Shifty agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative action. You and Shifty waive any right to a jury trial.

Exceptions: either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for intellectual property or unauthorized access claims.

Your right to opt out: you may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing hello@driveshifty.com with your name and a statement that you opt out of arbitration. Opting out does not affect the other parts of these Terms.

14. Governing Law

These Terms and any dispute between you and Shifty are governed by the laws of the State of Florida, without regard to its conflict of laws rules, and, where applicable, by the Federal Arbitration Act. Subject to the arbitration agreement above, the state and federal courts located in Florida have exclusive jurisdiction over any dispute not subject to arbitration.

15. Suspension and Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Service or other members. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date and provide notice in the app or by email. Your continued use of the Service after an update means you accept the revised Terms.

17. Apple and the App Store

These Terms are between you and Shifty, not with Apple. Apple is not responsible for the Service or its content. To the extent the Service is obtained through the App Store, you also agree to the App Store Terms of Service, and the provisions of our End User License Agreement regarding Apple apply. Apple and its subsidiaries are third-party beneficiaries of those provisions and may enforce them.

18. General

• These Terms, the Privacy Policy, and the End User License Agreement are the entire agreement between you and Shifty regarding the Service.
• If any provision is found unenforceable, the rest remains in effect.
• We may assign these Terms. You may not assign them without our consent.
• Our failure to enforce a provision is not a waiver of it.

19. Contact

Questions about these Terms? Email hello@driveshifty.com, or write to Shifty Technologies LLC, Florida, United States.