Terms of Service

These Terms of Service ("Terms") govern your access to and use of the VestaFide platform, including the website at vestafide.com, associated web applications, mobile applications, and APIs (collectively, the "Platform"), operated by VestaFide, Inc. ("VestaFide," "we," "us," or "our"), a subsidiary of CrossroadsAutomation.ai.

By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Eligibility

You must be at least 16 years of age to use the Platform. If you are creating an account on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Account Types

The Platform supports three account types:

Employer Accounts. Businesses that manage shift-based workforces. Employer account holders may add employees, create shifts, initiate coverage requests, manage schedules, and access manager dashboards and analytics.

Employee Accounts. Individuals associated with an employer on the Platform. Employee accounts are typically created by the employer. Employees may view their schedules, respond to shift offers, submit day-off requests, propose shift swaps, and view their own behavioral scores.

Gig Worker Accounts. Independent workers who register directly on the Platform to participate in the talent marketplace. Gig workers may set their availability, skills, rate preferences, and geographic radius. Gig workers undergo a background check as part of onboarding.

3. Acceptable Use

You agree to use the Platform only for its intended purposes and in compliance with all applicable laws. You agree not to:

• Provide false or misleading information in your account profile, certifications, or background check submissions
• Use the Platform to harass, discriminate against, or threaten any other user
• Attempt to manipulate behavioral scores, trust scores, or the learning engine through artificial or fraudulent activity
• Access or attempt to access another user's account without authorization
• Interfere with or disrupt the Platform's operation, including through automated bots, scraping, or denial-of-service attacks
• Use the Platform to circumvent labor laws, wage regulations, or employment classification requirements
• Solicit workers encountered through the Platform for off-platform employment arrangements designed to circumvent Platform fees

4. Employer Responsibilities

Employers who use the Platform represent and agree that they have obtained any necessary consent from their employees before adding their personal information (name, phone number, email, skills, certifications) to the Platform. The employer is responsible for the accuracy of employee information provided. The employer remains the employer of record for their employees. VestaFide does not establish an employment relationship with employer-added employees. The employer is responsible for compliance with all applicable labor laws, including wage and hour requirements, overtime rules, and scheduling regulations in their jurisdiction.

5. Gig Worker Classification

Gig workers on the VestaFide marketplace operate as independent contractors. VestaFide is a marketplace that facilitates matching between businesses and independent workers — VestaFide is not the employer of gig workers. Gig workers are responsible for their own tax obligations, including self-employment taxes. Gig workers set their own rates and availability. VestaFide does not control the manner or method by which gig workers perform their work. Employers who engage gig workers through the Platform are responsible for ensuring their classification of the worker complies with applicable federal, state, and local laws.

6. Behavioral Scores and Trust Data

The Platform computes behavioral signals from your activity, including acceptance rates, reliability scores, fairness scores, and trust scores. These signals are used to rank candidates, price bonuses, balance offer distribution, and improve recommendations.

You acknowledge that these scores are computed algorithmically based on observed behavior on the Platform. Scores are not guaranteed to be perfectly accurate and are one factor among several in Platform decisions. You may view your own scores through the Platform and may request a summary of your behavioral data by contacting [email protected].

You agree not to attempt to manipulate scores through artificial behavior, including accepting offers with the intent to no-show, creating fake accounts, or coordinating with other users to inflate ratings.

7. SMS Communications

The Platform uses SMS to deliver shift offers, schedule notifications, and operational alerts. By creating an account and providing your phone number, you consent to receive SMS messages from VestaFide related to Platform operations. Message and data rates may apply. You may opt out of SMS at any time by replying STOP. Opting out of SMS may limit your ability to receive and respond to shift offers.

8. Payments and Fees

Employer Subscription. Employers pay a monthly subscription fee for access to the Platform. Pricing is based on the plan selected and may vary by features and location count. Subscription fees are billed monthly or annually through Stripe. All fees are non-refundable except as required by law.

Marketplace Fees. When a shift is filled through the talent marketplace, additional fees may apply, including per-fill fees for partner employee placements and platform fees (percentage of the gig worker's rate) for gig worker placements. Fee schedules are disclosed before the employer enables marketplace features.

Gig Worker Payouts. Gig workers are compensated at the rate agreed upon for each shift. VestaFide facilitates payment through Stripe. Payout timing and method are specified in the gig worker onboarding process. VestaFide deducts its platform fee before remitting payment to the gig worker.

9. Cancellations and No-Shows

If a gig worker accepts a shift offer and fails to show up without adequate notice, the no-show is recorded as a behavioral signal and will negatively impact their reliability score and trust score. Repeated no-shows may result in suspension or termination of the gig worker's account.

If an employer cancels a confirmed marketplace shift with less than 2 hours' notice, the gig worker may be entitled to a cancellation fee as specified in the marketplace terms at the time of booking.

10. Intellectual Property

The Platform, including its software, algorithms, learning engine, design, and documentation, is owned by VestaFide, Inc. and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms. You may not copy, modify, distribute, reverse-engineer, or create derivative works of the Platform or its underlying technology.

Data you submit to the Platform (employee records, shift schedules, etc.) remains your property. You grant VestaFide a license to use this data to operate the Platform, compute behavioral signals, and improve the service. Anonymized and aggregated data may be used to improve the Platform's algorithms and produce industry benchmarks.

11. Disclaimers

The Platform is provided "as is" and "as available." VestaFide does not guarantee that the Platform will be uninterrupted, error-free, or free from security vulnerabilities.

VestaFide does not guarantee the quality, reliability, punctuality, or conduct of any worker matched through the Platform. Behavioral scores and trust scores are statistical estimates based on observed behavior and are not warranties of future performance.

VestaFide does not provide legal, tax, or employment classification advice. Employers are responsible for ensuring compliance with applicable labor laws.

12. Limitation of Liability

To the maximum extent permitted by law, VestaFide shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to lost profits, lost revenue, lost data, business interruption, or damages resulting from a worker's conduct or failure to appear for a shift.

VestaFide's total liability for any claim arising from or relating to these Terms or the Platform shall not exceed the total fees paid by you to VestaFide in the twelve months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless VestaFide, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, your violation of any law or regulation, or your infringement of any third party's rights.

14. Termination

You may terminate your account at any time by contacting us or through the Platform's account settings. VestaFide may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, repeated no-shows (gig workers), or for any other reason with 30 days' written notice.

Upon termination, your right to use the Platform ceases immediately. Data retention after termination is governed by our Privacy Policy.

15. Dispute Resolution

Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in the State of Illinois. You waive any right to participate in a class action or class-wide arbitration.

Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction for matters relating to intellectual property or unauthorized access to the Platform.

16. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws provisions.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email and by posting the updated Terms with a new effective date. Continued use of the Platform after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any applicable subscription agreement, constitute the entire agreement between you and VestaFide regarding your use of the Platform.

20. Contact Us

If you have questions about these Terms, please contact us at:

VestaFide, Inc.
A subsidiary of CrossroadsAutomation.ai
Email: [email protected]