Welcome to ShiftWhisper. These Terms of Service ("Terms") govern your access to and use of ShiftWhisper's voice-first nurse handoff application (the "Service"), operated by Tailwind, LLC, a Wyoming limited liability company ("we," "us," or "our").
By accessing or using ShiftWhisper, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
By creating an account or using ShiftWhisper, you accept and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
ShiftWhisper is a voice-first application designed to help healthcare professionals capture patient updates throughout their shift and generate structured handoff reports. The Service includes:
To use ShiftWhisper, you must create an account and provide accurate, complete information. You are responsible for:
You must be at least 18 years old to create an account. We reserve the right to suspend or terminate accounts that violate these Terms.
ShiftWhisper offers the following subscription plans:
New users receive a 7-day free trial. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically begin and you will be charged the applicable subscription fee.
Subscriptions are billed monthly in advance. Payment is processed through secure third-party payment processors. By providing payment information, you authorize us to charge the applicable fees to your payment method.
You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. We do not offer refunds for partial months or unused service.
You agree to use ShiftWhisper only for lawful purposes and in compliance with these Terms. You agree NOT to:
Important: ShiftWhisper is designed to support HIPAA-compliant workflows, but the responsibility for compliance rests with you and your organization.
You are strictly prohibited from entering full patient names, medical record numbers (MRNs), social security numbers, or other identifiable information. Use room numbers and initials only (e.g., "Room 202, JM").
Patient data you enter is:
You are solely responsible for ensuring your use of ShiftWhisper complies with HIPAA and other applicable privacy regulations. We provide tools to support compliance, but we cannot control how you use the Service.
ShiftWhisper and all related content, features, and functionality are owned by Tailwind, LLC and are protected by copyright, trademark, and other intellectual property laws. You may not:
Your voice notes and generated handoff reports remain your property. By using the Service, you grant us a limited license to process your data solely to provide the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
ShiftWhisper is a tool to assist with handoff preparation. You are solely responsible for verifying all information and ensuring patient safety.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAILWIND, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless Tailwind, LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:
Upon termination, your right to use the Service ceases immediately. All data stored locally on your device will remain until you clear your browser data.
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in Wyoming, except that either party may seek injunctive relief in court.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tailwind, LLC regarding the Service.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
Assignment: You may not assign or transfer these Terms without our written consent. We may assign these Terms at any time.
If you have questions about these Terms, please contact us:
Tailwind, LLC
Email: legal@shiftwhisper.com
Website: shiftwhisper.com