Terms of Use

First Shift is provided by Arbeo ("we", "us", "our"), an Australian company that is part of the Dazlab group and operates the Arbeo hiring platform. Arbeo and First Shift are two brands of the same service. These terms cover your use of firstshift.jobs, the First Shift application, the careers pages and application forms it hosts for you, and everything else we provide (together, "the Service").

By creating an account or using the Service, you agree to these terms. If you sign up on behalf of an agency or company ("you", the "Customer"), you confirm you have authority to bind it.

First Shift is AI-assisted hiring software (an applicant tracking system) for employers, mainly US home care agencies. It publishes your jobs and careers page, collects applications through a form, an AI intake chat, or Indeed application emails you forward to us, and helps your team review, search, contact and schedule candidates.

You are the employer and the only decision-maker. The Service supports your hiring process; it doesn't run it. Every hiring decision, and responsibility for it, stays with you.

• Keep your login details secure. You are responsible for activity under your account.
• Give accurate account information, including your agency's postal address (it appears in bulk emails, and is required before you can publish a job), and keep it current.
• You must be at least 18 and able to form a binding contract.
• Team members you invite use the Service under your account and these terms, and you are responsible for them.

• Current plans, prices and inclusions are listed on our pricing page.
• New subscriptions start with a 7-day free trial. A card is required to start it. When the trial ends, your chosen plan begins billing unless you cancel before then.
• Subscriptions bill monthly in advance and renew automatically until cancelled. Billing is handled by Stripe.
• You can upgrade, downgrade or cancel any time from the billing portal in your account. Changes take effect at the next billing cycle. We don't give refunds for partial months, except where the law requires it.
• We may change pricing with at least 30 days' notice. Changes take effect at your next renewal after the notice period.

The Service uses AI to parse résumés, run the candidate intake chat, summarise and score applications against your job's requirements, suggest possible gaps ("flags") for you to check, and power recruiter search and an assistant.

• Scores, summaries and flags are advisory decision support. They are not hiring decisions, recommendations to hire or reject, or an assessment of anyone's character or fitness to work.
• We don't warrant that AI output is accurate or complete. It can be wrong, and it can miss things a candidate said. Review the underlying application before relying on it.
• You control AI screening. You can switch AI screening off for any job. Candidates are shown a notice that AI is used and that a human makes hiring decisions.
• No training. We don't use your data or your candidates' data to train AI models, and our AI providers' API terms exclude it. Our Privacy Policy lists them.

You are responsible for complying with the employment, anti-discrimination and privacy laws that apply to your hiring, including the Americans with Disabilities Act, Title VII, and state and local laws on AI in hiring, such as Illinois HB 3773, New York City Local Law 144 (including any bias audit and candidate notices it requires) and the California Civil Rights Council rules on automated-decision systems. In particular, you are responsible for:

• giving any notices, and obtaining any consents, that your jurisdiction requires beyond the notices the Service shows by default;
• switching AI screening off for a job where the law, or a candidate's request for an accommodation or alternative process, requires it;
• asking medical questions, including tuberculosis (TB) testing, only after a conditional offer, which is how the Service is designed to work; and
• running the background, registry and licence checks your state requires through the proper channels.

Bulk or promotional emails you send to candidates carry an unsubscribe link and your postal address, and unsubscribed candidates are excluded. Don't try to get around this. Messages about a specific application (confirmations, interview scheduling, status updates) are transactional.

• Your job, candidate and account data stays yours. We don't sell it or license it to anyone.
• You give us the licence we need to run the Service: to store, process and display your data to provide the features you use.
• For candidate data, you are the controller and we are your processor (under California law, you are the business and we are your service provider). Our Data Processing Agreement, including our current sub-processors, forms part of these terms.
• You set your candidate-data retention period in settings (default 4 years from the application date). Data older than that is deleted automatically.
• Connected AI tools. If you connect an AI assistant to your account through our connector, candidate data is disclosed to that assistant at your direction and under your agreement with its provider. It is not our sub-processor.
• If you close your account, export your data first. We then delete or de-identify it within a reasonable period, except what we must keep by law.

• Not a consumer reporting agency. We don't assemble or evaluate consumer information for third parties, and nothing in the Service is a "consumer report" under the Fair Credit Reporting Act (FCRA). You must not use the Service, or anything it produces, as a factor in determining eligibility for employment under the FCRA, or for any other FCRA purpose. Use a licensed consumer reporting agency for background checks.
• Not a HIPAA business associate. The Service is not built to hold protected health information (PHI). Don't upload PHI or other health records, such as patient information or medical test results.
• Not a staffing agency or employer. We don't recruit, refer, employ or place candidates.
• Not legal advice. Nothing in the Service or from our team is legal advice about your hiring.

Don't use the Service to:

• search, filter, sort or score candidates by a protected characteristic (such as age, race, sex, disability, national origin, religion or pregnancy), or by a stand-in for one, or try to get around the protections that block this;
• make a hiring decision based only on an AI score, summary or flag, without human review;
• collect information you have no lawful basis to collect, including medical information before a conditional offer;
• send emails or messages that are unlawful, misleading or unwanted;
• infringe anyone's intellectual property or privacy;
• probe, overload or interfere with the Service or other customers' data; or
• resell or white-label the Service, unless your plan expressly allows it.

We can suspend or terminate accounts that break these rules. We will tell you why unless the law prevents us.

To the extent the law allows, you will indemnify us and our directors, employees and contractors against any claim, loss, liability or cost (including reasonable legal costs) arising from:

• your hiring decisions, and any claim by a candidate or regulator about how you recruited or treated a candidate;
• the data you put into the Service, and your right to collect and use it;
• the messages you send through the Service; or
• your breach of these terms or of any law that applies to you.

We will indemnify you against any third-party claim that arises from our breach of these terms, the DPA or data-protection law in running the Service, subject to §15.

We own the Service: the software, design and brands. You own your data and content. Neither of us gets rights in the other's material beyond what these terms allow. We may use feedback you send us to improve the product, without obligation.

We sometimes release features marked as beta, preview or early access. These are provided as is, and may change or be withdrawn at any time. We aim to keep the Service available, but we don't promise uninterrupted service. We may change, add or retire features. If a change materially reduces what your plan does, we will give you reasonable notice.

The Service is provided "as is" to the maximum extent the law allows. We make no warranty that AI output, scores or flags are accurate, complete or free from bias, or that using the Service will make your hiring compliant with any law. Nothing in these terms excludes rights you have under the Australian Consumer Law or other law that cannot be excluded.

To the extent the law allows, each party's total liability for all claims about the Service is capped at the fees you paid us in the 12 months before the claim arose, and neither party is liable to the other for indirect or consequential loss, or for lost profits, revenue or data. The cap doesn't apply to your indemnity for your hiring decisions (§11), your payment obligations, or liability that can't be limited by law.

You can cancel any time from the billing portal. We can suspend or terminate for breach of these terms, non-payment, or where the law requires it. When your agreement ends, your right to use the Service ends too. Clauses that by their nature should survive termination do so, including those on data, liability, intellectual property and indemnity.

These terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have exclusive jurisdiction, without limiting any rights you have under the law where you are based that can't be excluded.

• Severability. If any part of these terms is unenforceable, the rest stays in force.
• Assignment. You can't transfer your agreement without our consent. We may assign it to a successor, for example in a merger, acquisition or restructure, on notice to you.
• Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control, including outages at our hosting, AI or email providers.
• No waiver. If we don't enforce a right straight away, we don't lose it.
• Entire agreement. These terms, the Privacy Policy and the DPA are the whole agreement between us about the Service.
• Notices. We send notices to your account email or in the app.
• Relationship. Nothing here creates a partnership, joint venture, employment or agency relationship.

We may update these terms. For material changes, we will give at least 30 days' notice by email or in the app. If you keep using the Service after the notice period, you accept the new terms.

Questions about these terms: hello@firstshift.jobs.

Arbeo, 1/680 Coleridge Road, Bateau Bay NSW 2261, Australia.