CandidShopper Terms of Service

Effective as of: October 24, 2023

1. Introduction

Welcome to CandidShopper's online platform and related services (the "Services"). CandidShopper provides a mystery shopping platform focused on ecommerce that connects users ("Shoppers") interested in being paid to do mystery shopping assignments with companies interested in getting market research insights ("Clients").

These Terms of Service ("Terms") govern your access to and use of the Services. Please read them carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

In these Terms, "CandidShopper", "we", "us" or "our" refers to CandidShopper LLC and its affiliates, and "you" or "your" refers to you as a user of the Services. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Accounts and Registration

To use most aspects of the Services you must register for an account. When you register for an account, you agree to provide accurate, current and complete information about yourself. You are responsible for keeping your account password secure and for any activity under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

3. Services Overview

3.1 CandidShopper's Role. CandidShopper operates an online platform that connects Shoppers and Clients interested in mystery shopping and market research. CandidShopper is not involved in the actual provision of mystery shopping services or the transmission of market research reports between Shoppers and Clients.

3.2 Shoppers. As a Shopper, you can register for an account, indicate your preferences and availability for assignments, get matched to assignments, complete assigned mystery shopping tasks, submit your observations and get paid for your work. You perform services as an independent contractor and not as an employee of CandidShopper or any Client. There are two account types for Shoppers:

  • "Operative" - The default free account where Shoppers complete assignments and receive payment but must return any purchased items.
  • "Elite" - A paid premium account where Shoppers can keep purchased items and access exclusive assignments.

3.3 Clients. Clients can post mystery shopping assignments to the platform indicating the type of assignment, requirements, location, compensation and other relevant details. Clients review submitted reports and provide feedback. CandidShopper facilitates the payment from Clients to Shoppers but does not guarantee that any particular assignment will be available or that a Client will approve and pay for completed work.

4. Use of the Services

4.1 Compliance with Laws. You must comply with all applicable laws and regulations when using the Services. You may only access the Services from within the United States. You must be at least 18 years old.

4.2 Acceptable Use. You agree not to misuse the Services or assist others in doing so. Examples of misuse include:

  • Accessing or tampering with non-public areas of the Services.
  • Testing or reverse-engineering the Services to find limitations, vulnerabilities or evade filters.
  • Using bots, scrapers or other automated methods to access, collect data from or manipulate the Services.
  • Sharing or selling data obtained from the Services.
  • Posting obscene, abusive, threatening, defamatory or hateful content.

4.3 Shopper Conduct. As a Shopper using the Services, you agree:

  • To perform all assignments personally and not transfer them to third parties.
  • To follow the provided instructions and create candid reports that contain your honest observations.
  • To not misrepresent yourself or purposefully distort your shopping experience.
  • To not contact Clients directly outside of the platform to solicit assignments or negotiate compensation.
  • If on the Operative plan, to return any items for which reimbursement was provided if required under the assignment terms.

4.4 Client Conduct. As a Client using the Services, you agree:

  • To provide accurate and complete assignment terms, requirements and compensation.
  • To review submitted reports and provide timely feedback.
  • To pay the agreed upon compensation for completed assignments that meet the stated requirements.
  • To not circumvent the platform to directly hire or solicit Shoppers introduced through the Services.

4.5 Prohibited Content. You will not make available any content through the Services that:

  • Infringes on intellectual property, privacy or other rights of any person or entity.
  • Contains sensitive financial or personal information like credit card numbers.
  • Is objectively offensive or promotes racism, bigotry, hatred or physical harm.
  • Is intended to harass or abuse another person.
  • Contains software viruses or malware or is designed to disrupt or damage systems.

4.6 Violations. We reserve the right to review content and activity on the Services to ensure compliance with these Terms. We may investigate violations and take any action in response that we deem appropriate in our sole discretion.

5. Payment Terms

5.1 Payment Processing. CandidShopper uses third party services to process payments and is not responsible for errors made by these providers. CandidShopper does not store any sensitive financial information like bank account or credit card numbers.

5.2 Taxes. Shoppers are responsible for any taxes on compensation received through the Services. CandidShopper is not responsible for collecting, reporting or remitting any taxes related to Shopper compensation.

5.3 Cancellations. Once an assignment is accepted, its pricing and requirements are binding unless both parties agree to modify them. CandidShopper will determine appropriate remedies if Clients cancel accepted assignments without cause.

6. Intellectual Property

6.1 Ownership. The Services and all related content, software and other intellectual property are owned by CandidShopper and its licensors. Shoppers retain ownership of any original content they submit, subject to Clients' licenses to use paid content.

6.2 Client License. Shoppers grant Clients a perpetual, worldwide license to use, reproduce and build upon content developed for paid assignments, unless otherwise agreed for specific content.

6.3 Marketing License. Both Shoppers and Clients grant CandidShopper a perpetual license to use content from the Services for marketing and promotional purposes.

7. Confidentiality

7.1 Mutual Confidentiality. Both parties agree not to disclose the other's confidential information obtained through the Services without consent or legal compulsion. Pricing and assignment details are considered Client's confidential information.

7.2 Aggregate Data Use. CandidShopper may use aggregated, anonymized data about use of the Services for analytical and other business purposes. Such data will not reveal any personal or confidential information.

8. Disclaimers and Limitations

8.1 AS IS Service. THE SERVICES AND RELATED CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. CandidShopper DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8.2 No Liability for Third Parties. CandidShopper HAS NO LIABILITY ARISING FROM YOUR INTERACTIONS AND TRANSACTIONS WITH OTHER USERS OR THIRD PARTIES AS A RESULT OF USE OF THE SERVICES.

8.3 Limitation of Liability. CandidShopper WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CandidShopper'S AGGREGATE LIABILITY ARISING OUT OF THE SERVICES WILL NOT EXCEED THE LESSER OF $100 OR THE AMOUNTS PAID BY YOU TO CandidShopper FOR USE OF PAID SERVICES IN THE PRIOR SIX MONTHS.

9. Indemnification

You will indemnify and hold harmless CandidShopper and its agents, representatives and employees from any damages, liabilities, losses, expenses or costs arising from or relating to your use of the Services, violation of these Terms or violation of any third party rights, except to the extent the claim arises from CandidShopper's negligence or willful misconduct.

10. General Provisions

10.1 Modifications. We may modify these Terms by posting updated versions. Continued use of the Services indicates acceptance of modified Terms.

10.2 Claims. Any claim arising out of these Terms must be filed within one year or will be permanently barred.

10.3 Governing Law. These Terms are governed by the laws of the state of Wyoming without regard to conflict of law principles. Exclusive jurisdiction over disputes shall lie in the federal and state courts in Laramie County, Wyoming.

10.4 Assignment. You may not assign these Terms without CandidShopper's prior written consent. CandidShopper may assign these Terms.

10.5 Severability. If any provision of these Terms is invalid or unenforceable, the other provisions remain in full force and effect.

10.6 Entire Agreement. These Terms constitute the entire agreement between you and CandidShopper regarding their subject matter and supersede any prior agreements.

11. Contact Information

You may contact us regarding these Terms and the Services by emailing info@candidshopper.com or writing to:

CandidShopper LLC
30 N Gould St STE R
Sheridan, WY 82801