Manager & Worker Terms

These Terms cover everyone who uses the InsightGap staffing platform. Part A applies to workers who pick up shifts. Part B applies to restaurants and venues (and their managers) that post shifts and engage workers.

Part A — Worker Terms & Platform Guidelines

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A1. Acceptance

By creating a worker profile or accepting a shift through InsightGap (the "Platform"), you agree to these Worker Terms and Platform Guidelines. If you do not agree, do not use the Platform.

A2. What InsightGap is — and is not

InsightGap is a staffing platform that connects you with restaurants and venues ("Venues") that need shift coverage. InsightGap is not your employer. When you accept a shift, the Venue is your employer of record and is responsible for completing your Form I-9, paying your wages, withholding taxes, and providing any legally required workers' compensation coverage. Your pay rate for each shift is set by the Venue and shown to you before you accept.

A3. Eligibility

• You must be at least 18 years old (or the minimum legal working age for the role, if higher).
• You must be legally authorized to work in the United States. Employment eligibility is verified by the Venue that hires you, not by InsightGap.
• You must provide accurate profile information and keep your credentials (e.g. ServSafe) current.

A4. Accepting and working shifts

• Shift offers are sent by text. Reply as instructed (for example, "YES") to claim a shift. A shift is yours only after we confirm it.
• When you accept a shift, you commit to arriving on time, in the required dress/attire, ready to work the full scheduled hours.
• Follow the Venue's lawful instructions, health and food-safety rules, and house policies while on site.
• Clock in and out as instructed so hours are recorded accurately.

A5. Conduct

While using the Platform or working a shift, you agree not to:

• Harass, threaten, discriminate against, or behave unprofessionally toward Venue staff, guests, or other workers.
• Work under the influence of alcohol or illegal drugs.
• Misrepresent your identity, experience, or credentials.
• Solicit off-platform cash arrangements to avoid Platform rules, or poach Venue staff.
• Damage, steal, or misuse Venue property.

A6. Cancellations & no-shows

Reliable attendance is the core of the Platform. Once you accept a shift, other workers stop being offered that slot, so a late cancellation or no-show leaves a Venue short-staffed.

• Cancel early. If you cannot work a shift you accepted, cancel as far in advance as possible — at least 12 hours before the shift start — by texting CANCEL so we can backfill the slot.
• Late cancellation — cancelling inside the notice window, or after you have been confirmed as en route, counts against your reliability score.
• No-show — failing to appear for an accepted shift without notice is the most serious reliability violation and may lead to suspension (see Section A8).
• Repeated late cancellations or no-shows may result in fewer offers, lower placement priority, or removal from the Platform. Enforcement is handled through your reliability score and, where warranted, account suspension — we do not charge workers monetary penalties.

A7. Ratings & reliability score

After each shift, Venues may rate you, and you may rate the Venue. We combine your ratings, show-up rate, and response time into an internal reliability score. A higher score means you see more and better shift offers first. Ratings you give Venues are kept internal and are not shown to the Venue you rated. We may adjust scores to correct obvious errors, retaliation, or abuse.

A8. Account suspension & removal

We may warn, suspend, or permanently remove your account if you:

• No-show for an accepted shift, or accumulate repeated late cancellations.
• Violate the conduct rules in Section A5.
• Provide false information or let your required credentials lapse.
• Create a safety, legal, or fraud risk to the Platform, Venues, or guests.

Where practical and not a safety issue, we will tell you the reason and, for first or minor issues, may offer a path to reinstatement. Serious violations (such as theft, violence, or harassment) may result in immediate, permanent removal.

A9. Pay

You are paid by the Venue (your employer of record) at the rate shown when you accepted the shift, for the hours you actually work. InsightGap may help coordinate or relay payment information, but the obligation to pay you correctly and on time rests with the Venue. Pay disputes should be raised with the Venue; we can help mediate.

A10. Your information

Your use of the Platform is also governed by our Worker Privacy Policy, which explains what we collect and how we use it, including text messaging and location data.

A11. No guarantee of work

InsightGap does not guarantee any minimum number of shifts, hours, or earnings. Shift availability depends on Venue demand, your location, your credentials, and your reliability score.

A12. Disclaimers & liability

The Platform is provided "as is." To the maximum extent permitted by law, InsightGap is not liable for indirect, incidental, or consequential damages arising from your use of the Platform or from your relationship with any Venue. Disputes about wages, working conditions, injuries, or employment status are between you and the Venue that employed you.

A13. Changes

We may update these Terms. Material changes will be communicated by text or email, and continued use after the effective date constitutes acceptance.

Part B — Restaurant / Manager Terms of Service

B1. Acceptance

These Terms of Service govern your restaurant or venue's ("you," "Venue") use of the InsightGap staffing platform ("Platform"). By creating a manager account, posting a shift request, or accepting a worker, you agree to these Terms on behalf of the Venue. You represent that you are authorized to bind the Venue.

B2. What the Platform does

InsightGap connects you with hospitality workers ("Workers") who can fill short-term shifts. We provide matching, scheduling, messaging, ratings, and reliability scoring. InsightGap is a staffing intermediary and technology provider — it is not the employer of the Workers and is not a party to the employment relationship between you and any Worker.

B3. You are the employer of record

• Completing and retaining Form I-9 and verifying each Worker's employment eligibility before they begin work.
• Paying all wages (at no less than the rate you posted), overtime, and any required premiums, and for all payroll tax withholding and remittance.
• Providing workers' compensation coverage and any other insurance required by law for the Workers you engage.
• Complying with all applicable wage-and-hour, anti-discrimination, health, safety, and labor laws, and with food-safety regulations at your premises.
• Providing a safe working environment, required training, and any tools or equipment for the role.

InsightGap does not withhold taxes, file employment paperwork, complete I-9s, or provide workers' compensation for Workers, and does not act as a co-employer or joint employer. Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship between you and InsightGap.

B4. Worker verification

Workers are screened by InsightGap's verification partner for stated credentials (such as ServSafe) and basic readiness. This screening is a convenience, not a guarantee. You remain responsible for any background check, license confirmation, I-9, or interview you require before putting a Worker to work. InsightGap makes no representation that any Worker is fit for a particular task, and you assume the risks of engaging any Worker you accept.

B5. Posting shifts & pay rates

• You set the pay rate for each shift; the rate must meet or exceed applicable minimum wage and is shown to Workers before they accept.
• You are responsible for paying Workers for all hours worked, including hours beyond the scheduled end if you keep a Worker on site.
• Each filled shift is recorded as a work order / job agreement (see Section B6) capturing the Venue, Worker, role, date, hours, and rate.

B6. Work orders

When a Worker is confirmed for a shift, the Platform generates a per-job work order that records the key terms of that placement (Venue, Worker, role, date, scheduled hours, and pay rate) and a snapshot of the agreement in effect. The work order documents the placement; it does not transfer any employer obligation away from the Venue.

B7. Fees, subscription & cancellations

• Platform fees (such as a per-shift placement fee or a markup on the posted pay rate) and any subscription are billed as described at signup or in your order.
• Cancellation policy. If you cancel a shift after Workers have been offered or confirmed, a cancellation fee may apply. You receive a limited number of free cancellations per period; cancellations beyond that, or inside the notice window, incur a fee.
• Fees already incurred are non-refundable except where required by law.

B8. Your conduct as a Venue

• Treat Workers lawfully and professionally; do not harass, discriminate, or retaliate.
• Do not require Workers to perform unsafe, unlawful, or undisclosed tasks.
• Do not solicit Workers to work off-platform to avoid fees, and do not pay below the posted rate.
• Rate Workers honestly. Do not use ratings to retaliate.

B9. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless InsightGap, its affiliates, and their officers, employees, and agents from and against any claims, demands, damages, liabilities, penalties, back wages, taxes, fines, and costs (including reasonable attorneys' fees) arising out of or related to: (a) your engagement, supervision, payment, or termination of any Worker; (b) your obligations as employer of record, including I-9, wage-and-hour, tax, workers' compensation, and workplace-safety obligations; (c) injuries to or caused by a Worker at your premises; (d) your violation of any law or of these Terms; or (e) any claim that InsightGap is a co-employer or joint employer of a Worker you engaged.

B10. Disclaimers

The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding Worker availability, qualifications, conduct, or performance.

B11. Limitation of liability

To the maximum extent permitted by law, InsightGap will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue. InsightGap's total aggregate liability for any claim arising out of the Platform is limited to the fees you paid InsightGap in the three months preceding the claim.

B12. Dispute resolution

The parties will first attempt to resolve any dispute informally by contacting hello@tryinsightgap.com. If a dispute cannot be resolved within 30 days, it will be resolved by the state or federal courts located in Fulton County, Georgia. These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. Employment-related disputes between a Venue and a Worker are solely between those parties.

B13. Termination

Either party may end the relationship at any time. We may suspend or terminate your account for non-payment, violation of these Terms, mistreatment of Workers, or legal/safety risk. Sections that by their nature should survive (including indemnification, disclaimers, and limitation of liability) survive termination.

B14. Changes

We may update these Terms. Material changes will be communicated by email or through the Platform, and continued use after the effective date constitutes acceptance.

Third-Party Platforms (OfferLetr)

InsightGap operates the staffing service in partnership with OfferLetr, a separate worker-facing platform. Workers may be onboarded, matched, and contacted through OfferLetr, and the two companies exchange the shift, profile, and scheduling information needed to provide the service. OfferLetr is an independent company; your use of the OfferLetr platform is also governed by OfferLetr's own terms of service and privacy policy. InsightGap is not responsible for the OfferLetr platform, and neither company sells or shares your information with third parties for promotional or marketing purposes.

Contact

Questions about these Terms? Email hello@tryinsightgap.com or text us.