Terms of Service | Secret Shopper

These Terms of Service ("Terms") govern your access to and use of SecretShopper.com, any associated shopper portals, client portals, mobile applications, websites, communications, features, services, and related technology operated by Sights on Service, Inc. d/b/a Secret Shopper® ("Secret Shopper," "we," "us," or "our") (collectively, the "Services").

Please read these Terms carefully. By accessing or using the Services, creating an account, accepting an assignment, or clicking a button indicating your acceptance, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not access or use the Services.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services as a shopper.

By using the Services, you represent and warrant that:

You are at least 18 years old;
The information you provide is complete, current, and accurate;
You are not prohibited by law from using the Services;
You will use the Services only for lawful purposes; and
You will comply with these Terms and all assignment-specific instructions.

We may require verification of your identity, age, eligibility, payment information, tax information, or other account information.

2. Accounts and Account Security

Certain features require you to create an account.

You agree to:

Provide accurate and complete registration information;
Maintain and promptly update your information;
Protect your username, password, and authentication credentials;
Not share your account with another person;
Not create an account for another person;
Notify us promptly of suspected unauthorized access; and
Accept responsibility for activity conducted through your account.

You may not sell, transfer, rent, sublicense, or assign your account.

We may reject an application, restrict account access, require additional verification, suspend an account, or close an account where permitted by law.

3. Shopper Relationship and Independent-Contractor Status

When you accept and perform a mystery shopping, evaluation, audit, survey, merchandising, inspection, research, or related assignment, you do so as an independent contractor and not as an employee of Secret Shopper or any Secret Shopper client.

Nothing in these Terms creates an employment, partnership, joint venture, franchise, fiduciary, agency, or representative relationship between you and Secret Shopper.

As an independent contractor:

You choose whether to apply for, accept, or decline available assignments;
You are not guaranteed any minimum number of assignments, hours, fees, reimbursements, or earnings;
You are responsible for determining how to complete an assignment, subject to its required outcomes, deadlines, client specifications, legal requirements, and quality standards;
You are responsible for your own equipment, transportation, internet access, mobile service, insurance, licenses, permits, and ordinary business expenses unless an assignment expressly states otherwise;
You are responsible for reporting and paying applicable federal, state, local, and other taxes;
You are not eligible for employee wages, benefits, unemployment benefits, workers' compensation benefits, paid leave, retirement benefits, or other employee benefits from Secret Shopper, except where applicable law provides otherwise; and
You have no authority to bind Secret Shopper or any client to a contract, obligation, representation, or commitment.

Your classification and rights may be affected by applicable law. Nothing in these Terms waives any right that cannot legally be waived.

4. Assignment Availability and Self-Assignment

Assignment availability may vary based on location, client demand, timing, shopper qualifications, account status, prior performance, conflicts of interest, and other business considerations.

An assignment displayed in the shopper portal is not guaranteed to remain available. An assignment is not confirmed until it appears as assigned to you in your account or you receive confirmation from Secret Shopper.

We may:

Add, modify, postpone, reassign, or cancel an assignment;
Limit the number or type of assignments available to a shopper;
Establish qualification requirements;
Prevent duplicate or conflicting assignments;
Remove an assignment that was assigned in error; or
Decline a submitted report that does not satisfy applicable requirements.

Assignment descriptions may include estimated fees, reimbursements, purchase requirements, deadlines, reporting instructions, location information, and special conditions.

5. Shopper Obligations

For each assignment you accept, you agree to:

Read the client briefing, questionnaire, instructions, disclosures, and assignment requirements before performing the assignment;
Personally perform the assignment unless Secret Shopper expressly authorizes otherwise in writing;
Complete the assignment during the specified date and time;
Follow all applicable laws and reasonable safety requirements;
Behave professionally, honestly, and respectfully;
Avoid conduct that disrupts the client's business;
Submit truthful, accurate, complete, and timely information;
Clearly distinguish between observed facts and personal opinions;
Retain receipts, photographs, notes, and supporting documentation for at least 120 days or any longer period stated in the client briefing;
Respond promptly to reasonable follow-up questions;
Disclose actual or potential conflicts of interest;
Protect confidential information; and
Not reveal your status as a mystery shopper unless instructed to do so.

You may not fabricate, alter, falsify, copy, purchase, sell, or improperly reuse reports, receipts, photographs, recordings, observations, or assignment data.

6. Conflicts of Interest

You must not accept an assignment where your relationship with the location, company, employees, or subject of the assignment could reasonably affect your impartiality.

Potential conflicts include assignments involving:

Your current or former employer;
A member of your household;
An immediate family member;
A close friend;
A business in which you have a financial interest; or
A location where you or someone close to you is personally known to employees.

You must promptly disclose a potential conflict to Secret Shopper.

7. Fees, Reimbursements, and Payment

The applicable fee and any eligible reimbursement will be stated in the assignment details.

Unless otherwise stated:

Payment is conditioned on timely completion of the assignment and acceptance of a complete and accurate report;
Purchases exceeding the stated reimbursement limit are your responsibility;
Taxes, gratuities, transportation, parking, mobile-data charges, and other expenses are not reimbursable unless expressly included;
Receipts or other documentation may be required;
Reimbursements are limited to verified eligible expenses;
Payment timing may depend on report approval, client review, payment processing schedules, and completion of required tax or payment documentation; and
Fees may be reduced or denied if an assignment or report is incomplete, inaccurate, late, unverifiable, fraudulent, duplicated, or noncompliant.

We may correct payment errors and recover duplicate, mistaken, fraudulent, or otherwise improper payments, as permitted by law.

You are responsible for keeping your payment and tax information accurate.

8. Taxes

You are solely responsible for determining and satisfying your tax obligations arising from payments received through the Services.

Where required, we may request a completed Form W-9 or other tax documentation and may issue Form 1099 or another applicable tax form.

We may withhold payment where legally required or where necessary tax documentation has not been provided.

9. Confidentiality

You may receive confidential or proprietary information concerning Secret Shopper, its clients, their customers, locations, employees, pricing, business practices, products, services, security measures, assignment methods, questionnaires, results, or research.

You agree not to:

Disclose client identities where they are not publicly disclosed;
Share assignment instructions, fees, results, reports, screenshots, or portal information;
Post assignment information on social media, forums, review sites, or other public channels;
Contact a client directly regarding an assignment unless authorized;
Use confidential information for any purpose other than completing an assignment; or
Retain confidential information longer than reasonably necessary.

These obligations survive termination of your account.

10. Reports, Photographs, Recordings, and Other Submissions

"User Content" means reports, responses, photographs, video, audio, receipts, documents, comments, feedback, messages, and other materials you submit through the Services.

You retain any ownership rights you may have in original User Content. However, by submitting User Content, you grant Secret Shopper and its clients a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, modify, adapt, analyze, distribute, display, perform, create derivative works from, and otherwise exploit that User Content for:

Providing and administering the Services;
Evaluating client locations, personnel, products, and services;
Quality assurance;
Research and analytics;
Fraud prevention;
Training;
Client reporting;
Legal and compliance purposes; and
Other business purposes consistent with our Privacy Policy.

You represent and warrant that:

You created or lawfully obtained the User Content;
You have the rights needed to submit it and grant this license;
It is accurate to the best of your knowledge;
It does not violate law, privacy rights, publicity rights, intellectual-property rights, or contractual restrictions; and
It does not contain malicious software or unlawfully obtained information.

11. Photographs, Audio, and Video

Some assignments may require photographs, audio recordings, or video recordings.

You are responsible for complying with all applicable laws concerning photography, surveillance, audio recording, consent, private property, and personal privacy.

Do not record private conversations, enter restricted areas, photograph prohibited information, or capture sensitive personal information unless expressly authorized and lawful.

An assignment instruction does not override applicable law.

12. Acceptable Use

You may not:

Use the Services for unlawful, fraudulent, deceptive, harmful, or abusive purposes;
Impersonate another person;
Operate multiple accounts without authorization;
Use bots, scripts, scraping tools, or automated systems to obtain assignments or extract data;
Interfere with the Services or attempt unauthorized access;
Reverse engineer or circumvent security features;
Introduce malware, malicious code, or harmful content;
Harvest contact information;
Manipulate assignment availability, reporting, ratings, or payment systems;
Submit false documentation;
Harass Secret Shopper personnel, clients, shoppers, or third parties;
Use client information to solicit business;
Resell or commercially exploit access to the Services; or
Help another person violate these Terms.

13. Communications

You agree that we may contact you concerning your account, assignments, reports, payments, support requests, security, legal notices, and other service-related matters by email, telephone, postal mail, in-platform notification, SMS, or MMS, subject to applicable law and your communication preferences.

You are responsible for maintaining current contact information.

Electronic notices satisfy any legal requirement that communications be in writing, except where applicable law requires another form of notice.

14. SMS/MMS Terms

14.1 Program Description

Secret Shopper may offer one or more SMS or MMS messaging programs, including messages concerning available mystery shopping or evaluation opportunities, nearby assignments, assignment reminders and deadlines, schedule changes or cancellations, account verification and security, report follow-up questions, payment or reimbursement updates, shopper support, service announcements, and promotional or marketing opportunities.

Messages may be sent through an automatic telephone dialing system, automated technology, or another messaging platform where permitted by law.

14.2 Consent to Receive Messages

By providing your mobile telephone number and affirmatively opting in to a Secret Shopper messaging program, you authorize Sights on Service, Inc. d/b/a Secret Shopper®, its service providers, and messaging vendors to send SMS and MMS messages to the mobile number you provided.

Your consent applies only to the messaging program and purposes disclosed when you opt in.

Consent to receive promotional or marketing text messages is not a condition of purchasing any property, goods, or services, creating a shopper account, or accepting an assignment.

You represent that you are the subscriber or customary user of the mobile number provided, you are authorized to consent to messages at that number, and you will notify us if the number changes or is reassigned.

14.3 Message Frequency

Message frequency varies based on your location, preferences, account activity, assignment availability, and participation in the applicable messaging program. You may receive recurring messages.

14.4 Message and Data Rates

Message and data rates may apply. Your wireless carrier may charge you for sending or receiving SMS or MMS messages. Secret Shopper is not responsible for carrier charges.

14.5 Opting Out

You may opt out at any time by replying STOP to a Secret Shopper message.

We may also recognize other reasonable opt-out requests, including words or phrases such as CANCEL, END, QUIT, REVOKE, OPT OUT, and UNSUBSCRIBE.

After you opt out, you may receive one final confirmation message. No further messages will be sent through that messaging program unless you later provide renewed consent or the message is otherwise permitted by law.

Opting out of promotional messages does not necessarily prevent us from sending non-promotional messages that are necessary to administer an active assignment, respond to your request, protect your account, or provide legally required notices, where permitted by law.

You may also request to revoke consent by contacting us at privacy@secretshopper.com, +1 (763) 525-1460, or 620 Mendelssohn Ave N, Minneapolis, MN 55427. Please include the mobile number associated with your request.

14.6 Help

For assistance, reply HELP to a message or contact privacy@secretshopper.com or +1 (763) 525-1460.

14.7 Supported Carriers and Delivery

Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your carrier and messaging providers and is not guaranteed. Availability may vary by carrier, device, location, and service plan.

14.8 Mobile Number Changes

You must promptly update your account if your mobile number changes. If you discontinue a number, you should opt out before discontinuing service. You agree not to knowingly provide a number belonging to another person.

14.9 Privacy

Information collected through our messaging programs will be handled according to our Privacy Policy, available at Privacy Statement | Secret Shopper.

We may share mobile-number and messaging information with vendors that help us operate the messaging program. We will not sell or share SMS opt-in consent information with third parties for their independent marketing purposes, except as disclosed in the Privacy Policy and permitted by law.

14.10 Changes to Messaging Programs

We reserve the right, at our discretion and subject to applicable law, to suspend, modify, replace, or discontinue any SMS or MMS messaging program at any time.

We may change the content, features, message frequency, eligibility requirements, sending telephone number, short code, messaging vendor, or other aspects of a messaging program.

Where required by applicable law, we will provide notice of material changes before they become effective.

15. Suggested SMS Opt-In Disclosure

Where a mobile number is collected for marketing or opportunity alerts, the following disclosure may be displayed near an unchecked consent box:

"By checking this box, I agree to receive recurring automated promotional and informational SMS/MMS messages from Sights on Service, Inc. d/b/a Secret Shopper®, including messages about available shopper assignments. Consent is not a condition of registration, assignment eligibility, or purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out and HELP for help. View the Terms of Service and Privacy Policy."

The checkbox should not be preselected.

16. Suggested Messaging Examples

Initial Confirmation: "Secret Shopper: Welcome to Secret Shopper®! Thank you for enabling SMS notifications. Happy shopping! Reply STOP to unsubscribe at any time. Message and data rates may apply."

Opportunity Message: "Secret Shopper: Car wash evaluations are available near you. Sign in to your shopper portal to view details and self-assign. Reply STOP to opt out."

Opt-Out Confirmation: "Secret Shopper: You have been unsubscribed and will no longer receive messages from this program. Reply START to resubscribe."

Help Response: "Secret Shopper®: For help, reach us at coordinator@secretshopper.com. Message and data rates may apply, and message frequency may vary. Reply STOP to opt out."

17. Privacy

Our collection, use, disclosure, and protection of personal information are described in our Privacy Policy.

By using the Services, you acknowledge that you have reviewed the Privacy Policy.

These Terms do not replace or limit rights provided by applicable privacy law.

18. Intellectual Property

The Services, including the Secret Shopper name, trademarks, logos, software, interfaces, questionnaires, databases, designs, text, graphics, training materials, assignment formats, and other content, are owned by or licensed to Secret Shopper and are protected by intellectual-property laws.

Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Services solely for their intended purpose.

No other rights are granted.

You may not use the Secret Shopper name, logo, or trademarks without prior written permission.

19. Third-Party Services and Links

The Services may contain links to client websites, mapping services, payment processors, app stores, social networks, or other third-party services.

We do not control and are not responsible for third-party services, content, security, availability, privacy practices, terms, products, or actions.

Your use of third-party services is governed by their terms.

20. Account Suspension and Termination

You may stop using the Services at any time.

We may, at our discretion and where permitted by law, suspend, restrict, deactivate, or terminate your account or access, including if:

You violate these Terms or an assignment requirement;
Information you provide is false, incomplete, or unverifiable;
You engage in fraud, misconduct, harassment, or unsafe behavior;
Your reports repeatedly fail quality standards;
You fail to meet deadlines;
You misuse confidential information;
You create legal, security, reputational, or operational risk;
A client requests that you not perform its assignments;
Your account remains inactive; or
Termination is otherwise reasonably necessary to protect the Services, our clients, other users, or third parties.

Termination does not eliminate obligations or liabilities that arose before termination.

Sections that by their nature should survive termination will survive, including confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, disputes, and governing law.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

SECRET SHOPPER DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT ASSIGNMENTS WILL BE AVAILABLE; YOU WILL RECEIVE ANY PARTICULAR AMOUNT OF WORK OR COMPENSATION; THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; INFORMATION PROVIDED BY CLIENTS OR THIRD PARTIES WILL BE ACCURATE; AN ASSIGNMENT WILL NOT BE CHANGED OR CANCELLED; OR EVERY SUBMITTED REPORT WILL BE ACCEPTED.

Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECRET SHOPPER AND ITS AFFILIATES, CLIENTS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO THE SERVICES OR AN ASSIGNMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SECRET SHOPPER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT SECRET SHOPPER PAID YOU DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).

These limitations do not apply where prohibited by law or to liability that cannot lawfully be limited.

23. Assumption of Risk

Assignments may involve travel, driving, entering public or private locations, purchasing or consuming products, evaluating services, or interacting with third parties.

You are responsible for assessing whether you can safely and lawfully perform an assignment.

Do not perform an assignment if conditions appear unsafe, unlawful, threatening, discriminatory, or materially different from the assignment description. Contact Secret Shopper promptly if a safety concern arises.

Nothing in an assignment requires you to violate traffic laws, trespass, consume alcohol, operate a vehicle while impaired, or place yourself or another person at unreasonable risk.

24. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Secret Shopper, its affiliates, clients, officers, directors, employees, contractors, agents, licensors, and service providers from claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

Your violation of these Terms;
Your performance or attempted performance of an assignment;
Your unlawful, negligent, fraudulent, or willful conduct;
Your User Content;
Your infringement of another person's rights;
Your tax obligations; or
Your misuse of the Services.

This provision does not require indemnification for another party's conduct where such indemnification is prohibited by law.

25. Informal Dispute Resolution

Before filing a formal claim, you and Secret Shopper agree to attempt to resolve the dispute informally.

A party initiating a dispute must send written notice describing the party's name and contact information, the relevant account information, the facts giving rise to the dispute, the relief requested, and supporting documentation.

Notices to Secret Shopper must be sent to:

Sights on Service, Inc. d/b/a Secret Shopper®
620 Mendelssohn Ave N
Minneapolis, MN 55427
Email: legal@secretshopper.com

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.

26. Arbitration Agreement and Class-Action Waiver

IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS. HAVE COUNSEL REVIEW IT BEFORE USE.

Except for disputes that qualify for small-claims court or claims seeking injunctive relief concerning intellectual-property misuse, you and Secret Shopper agree that disputes arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration administered by the American Arbitration Association under its applicable consumer or commercial arbitration rules.

Arbitration will take place in Hennepin County, Minnesota, by telephone, by video conference, or through written submissions, as determined under the applicable rules.

The Federal Arbitration Act will govern this arbitration provision.

YOU AND SECRET SHOPPER AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION.

Neither the arbitrator nor the arbitration administrator may consolidate claims or conduct a class, collective, mass, or representative proceeding unless both parties expressly agree in writing.

Arbitration Opt-Out

You may opt out of this arbitration agreement by sending written notice within 30 days after first accepting these Terms.

The notice must include your full name, account email address, mailing address, telephone number, and a clear statement that you are opting out of arbitration.

Send the notice to:

Sights on Service, Inc. d/b/a Secret Shopper®
Attn: Arbitration Opt-Out
620 Mendelssohn Ave N
Minneapolis, MN 55427
Email: legal@secretshopper.com

Opting out of arbitration will not affect any other provision of these Terms.

27. Governing Law and Venue

Except where federal law applies or applicable law requires otherwise, these Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles.

For disputes not subject to arbitration, you and Secret Shopper consent to the exclusive jurisdiction and venue of the state and federal courts located in Hennepin County, Minnesota.

28. Changes to These Terms and the Services

We reserve the right, at our sole discretion and to the maximum extent permitted by applicable law, to modify, revise, supplement, replace, or otherwise update these Terms at any time.

When we make changes, we will post the revised Terms through the Services and update the "Last Updated" date. If a change is material, we may also provide notice by email, account notification, text message, or another reasonable method, as required by applicable law.

Unless otherwise stated, revised Terms will become effective on the date identified in the revised Terms. Changes will apply prospectively and will not retroactively alter rights or obligations that arose before the effective date, except where expressly agreed or permitted by law.

Your continued access to or use of the Services after the effective date of the revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Services and may close your account.

We may, at our discretion and subject to applicable law, modify, add, remove, suspend, discontinue, restrict, or replace any feature, function, communication program, assignment type, eligibility requirement, content, benefit, or other portion of the Services, temporarily or permanently, with or without notice.

We do not guarantee that any particular feature, assignment type, program, function, or portion of the Services will remain available.

Any modification to the arbitration agreement or class-action waiver will apply only as permitted by law and will not affect a dispute for which either party had received written notice before the modification became effective.

29. Assignment of Terms

You may not assign or transfer these Terms or your account without our prior written consent.

We may assign or transfer these Terms, at our discretion and without your consent, in connection with a merger, acquisition, reorganization, sale of assets, corporate restructuring, change of control, or by operation of law.

30. Force Majeure

Secret Shopper is not responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, public-health emergencies, labor disputes, transportation disruptions, internet or telecommunications failures, cyberattacks, government actions, client closures, or power outages.

31. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

32. Waiver

A failure to enforce a provision is not a waiver of the right to enforce it later.

Any waiver must be in writing and signed by an authorized representative of Secret Shopper.

33. Entire Agreement

These Terms, the Privacy Policy, the Ethics and Conduct Policy, applicable assignment instructions, and any additional terms presented for a specific feature or program constitute the entire agreement concerning the Services.

If assignment-specific terms conflict with these Terms, the assignment-specific terms will control solely with respect to that assignment.

34. Contact Information

Questions concerning these Terms may be directed to:

Sights on Service, Inc. d/b/a Secret Shopper®
620 Mendelssohn Ave N
Minneapolis, MN 55427
Email: legal@secretshopper.com
Phone: +1 (763) 525-1460
Website: SecretShopper.com