By accessing or using the MysteryShopperServices.com website (the “Site”) or any services provided by Business Evaluation Services, Inc. (doing business as Mystery Shopper Services), you (“User”) agree to be bound by the following Terms and Conditions (“Terms”). These Terms constitute a legal agreement between you and Business Evaluation Services, Inc. (referred to as “we”, “us”, or “BES”). If you do not agree with any part of these Terms, you must not use the Site or our services.
Note: We provide a range of paid business evaluation and mystery shopping services – our services are not free and are offered only under these Terms and any additional agreements we may establish with you. By using our Site or engaging our services, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into this agreement.
MysteryShopperServices.com is operated by Business Evaluation Services, Inc., a California-based company specializing in market research, guest satisfaction measurement, and compliance audits. We offer a full suite of services to help businesses evaluate and improve customer experience, including mystery shopping programs, competitive intelligence studies, price audits, operational audits, social media monitoring, opinion polls, crowdsourced data collection, voice-of-the-guest surveys, and consulting & training solutions. Our mission is to transform raw data into actionable insights so that clients can make data-driven decisions to elevate service quality and performance.
We serve a broad range of industries (from retail and dining to hospitality, healthcare, finance, and more) and have a global reach – with a network of over 1,000,000 independent mystery shoppers enabling us to serve clients across the U.S., Canada, Puerto Rico, and nearly anywhere else worldwide. All services and content we provide are delivered with professionalism and in accordance with these Terms.
Our primary clients are businesses that hire us to evaluate and improve their customer experience and operational standards. When you (as a business client, referred to here as “Client”) request a quote or order services through our Site, you agree to provide accurate information about your business and needs. Quotes can be requested via our online Get Instant Quote, Request Full Quote, or Order Instant Shops forms, or by contacting us directly. Quotes are provided to help you understand the scope and pricing of our services; they do not obligate either party until a service agreement or order is confirmed.
Fees and Payment: All our services are offered for a fee – Mystery Shopper Services is not a free service. Pricing and payment terms will be communicated to you either through the instant quote tool or in a written proposal/contract specific to your project. By accepting a quote or signing up for our services, you agree to pay all applicable fees. Payment terms (e.g. due dates, deposit requirements, etc.) will be defined in our invoices or agreements with you. Unless otherwise stated in a separate agreement, payments are due within the time frame indicated on the invoice. Late payments may incur interest or result in suspension of services. All sales are final once services have been rendered; any cancellation policies or refunds (if applicable) will be detailed in your specific contract or order form.
Client Responsibilities: As a Client, you agree to cooperate with BES in defining the parameters of mystery shop evaluations or audit programs. This may include providing us with information such as your location details, operational standards, or specific areas of concern to be evaluated. You are responsible for obtaining any necessary permissions or consents if our evaluators need access to non-public areas of your business premises. You also agree that you will not improperly influence or interfere with the mystery shopping process or any of our auditors/evaluators while they are performing services.
The results and reports we deliver to you are intended for your internal business use. You may use the data, analysis, and recommendations we provide to improve your operations, training, and customer experience. You agree to treat our reports and any sensitive findings as confidential, and not to publish or share them externally in a way that misrepresents the data or violates any person’s privacy. (For example, if our report includes anonymized customer or employee feedback, you should not publicly disclose the identities of those individuals.)
No Guarantee of Results: While our services are designed to provide valuable insights, you acknowledge that improving customer experience and business outcomes involves many factors. We do not guarantee any specific increase in sales, ratings, or other performance metrics as a result of our services. We will provide actionable data and recommendations, but the implementation and results are largely in your control. Any decisions or actions you take based on our reports are your responsibility. (See Disclaimers and Limitation of Liability sections below for more details.)
For certain projects or larger engagements, we may ask you to sign a more detailed Service Agreement or Statement of Work. If such an agreement is executed, its terms will supplement these general Terms. In case of any direct conflict between these online Terms and the specific signed contract with you, the terms of the signed contract will prevail for that project.
Some features of our Site (such as accessing client dashboards or evaluator portals) require you to create an account or log in through third-party platforms. Clients who engage our services will receive login credentials to our Client Dashboard (e.g. via the PRISM platform) where you can review results, reports, and analytics in real time. Independent Evaluators (Mystery Shoppers) who work with us will create accounts through our evaluator portal (which is powered by a third-party system, as described in the next section).
When creating an account or filling out any forms on our Site, you agree to provide truthful, accurate, current, and complete information. If you choose to create a password or are provided with login credentials, you are responsible for keeping your login information confidential. You must not share your account with anyone else or use someone else’s account without permission. You agree to notify us immediately at our support contact (see Contact Information below) if you suspect any unauthorized use of your account or a security breach.
We reserve the right to refuse registration, terminate accounts, or reclaim usernames (if any) that we deem inappropriate or that violate these Terms. Account usage is also subject to any additional terms you agree to when signing up (for example, if our third-party platform has its own terms of use, you will need to accept those as well).
We also serve an audience of independent contractor evaluators, sometimes called mystery shoppers, who perform visits, audits, and evaluations on behalf of our company at client locations. If you are interested in becoming a Mystery Shopper / Independent Evaluator for Mystery Shopper Services, you will need to register through our evaluator portal and agree to our Independent Contractor Agreement.
Independent Contractor Status: All mystery shoppers and field evaluators engaged by us do so as independent contractors, not employees of Business Evaluation Services. This means that as an evaluator you are responsible for your own taxes, insurance, and compliance with any laws or regulations applicable to independent contractors. Registration to join our evaluator network is free – we will never ask shoppers to pay any fees to sign up or get assignments. Be wary of any third-party that claims to represent us and asks for payment – that is likely a scam (see Fraud and Scam Warnings below).
Upon signing up, you will be required to provide certain information and documents, such as a W-9 tax form (for U.S. persons) and to sign our Independent Contractor (IC) Agreement and related policies. These additional terms cover important details about your relationship with us, including confidentiality obligations, guidelines for performing shops, payment terms, and quality standards for reports. You must carefully read and agree to those contract terms before undertaking any assignments for us. In the event of any conflict between the Independent Contractor Agreement and these Terms, the Independent Contractor Agreement will govern your relationship as a mystery shopper.
Assignments and Conduct: As an independent evaluator, you will have the opportunity to select or be assigned mystery shop tasks through our scheduling platform. You agree to follow all instructions provided for each assignment, including any client-specific requirements and our general evaluator guidelines. You must perform your assignments honestly and diligently, without fabrication or bias. Submitting false or fraudulent information in a report is strictly prohibited and is grounds for non-payment and immediate termination of your relationship (and may also result in being reported to other companies in the industry). You also agree not to disclose your identity as a mystery shopper to the personnel at the business you are evaluating, unless instructed otherwise; maintaining anonymity is often crucial to the integrity of the evaluation.
When you complete an assignment, you are responsible for submitting your report and any required documentation (such as receipts or photos) through the proper channels (usually via our online system or app). Make sure to finalize and submit reports within the required time frame and with complete information, to ensure timely review and payment. We reserve the right to edit your reports for clarity or to ensure they meet client guidelines, and you may be asked to clarify answers if needed.
Payment to Evaluators: Evaluators will be paid for completed assignments pursuant to the terms in the Independent Contractor Agreement and our Payment Policy. In general, our policy is that payment is disbursed approximately 45 days after the shop assignment has been completed and quality checked. This delay is necessary because our clients may take up to 30 days to review reports, and any issues (such as inaccuracies or fraud) must be resolved before payment. We typically pay via electronic methods (currently PayPal or Venmo for U.S. evaluators, or other methods as specified for your region). To ensure smooth payment, you must have a valid payment account on file (e.g., a correct PayPal email in your profile) and you must complete any required tax forms. If an assignment involves an upfront purchase to be made by you, the reimbursement amount and whether it is provided will be stated in the shop offer; you must provide valid proof (receipts) for any reimbursement claims. Under special arrangements, some reimbursements or fees might be paid sooner than 45 days if the client mandates it, but unless noted, assume the standard payment schedule applies.
Please note that if you fail to follow the assignment instructions or if your report is incomplete or not up to quality standards, the client may refuse payment for that shop. We will communicate with you if a report needs correction. Repeated failure to meet standards or any attempt at fraud will result in termination of your account. If you have questions or issues regarding payment or assignments, you should contact our evaluator support team (see Support and Contact info below). Our Independent Evaluator Support page and FAQ contain tips and answers to common questions that can assist you.
Confidentiality and Non-Disclosure: As an evaluator, you will likely receive confidential information – this can include the identity of the client being shopped (often our clients prefer that it remains confidential that they are conducting mystery shops), details about what to observe, or other proprietary business information. You agree not to disclose any confidential information you receive from us or our clients in the course of performing your shops, except as necessary to carry out the assignment. You must not share client reports or any portion of the assignment details with anyone who is not authorized by us. This obligation of confidentiality continues even after you stop working with us. Similarly, you should not use any information gained through a mystery shop for personal gain (other than your compensation) or share it with the client’s competitors or others.
Independent Contractor Agreement Supersedes: The above summary is provided for convenience and does not replace the detailed Independent Contractor Agreement you will sign. If you are a mystery shopper, be sure to review that agreement, as it contains additional terms (for example, more detailed confidentiality clauses, non-solicitation clauses, dispute resolution terms, etc.) that are specifically tailored to the evaluator relationship. By accepting an assignment, you confirm that you have signed and agreed to the Independent Contractor Agreement. If you have not signed it or do not agree, you are not authorized to perform shops for us.
Whether you are a client, an independent evaluator, or any other user of our Site, you agree to use MysteryShopperServices.com and our services lawfully and respectfully. You must NOT engage in any of the following prohibited activities:
If we (in our sole discretion) determine that you have engaged in any of the above prohibited uses or otherwise breached these Terms, we reserve the right to terminate or suspend your access to the Site and our services immediately (see Termination section below). Illegal activities may also be reported to law enforcement or other appropriate authorities.
All content on the Site and provided through our services, including but not limited to text, graphics, logos, images, videos, software, data compilations, and any proprietary technology or tools, are the intellectual property of Business Evaluation Services, Inc. or its licensors. This content is protected by copyright, trademark, trade secret, and other intellectual property laws.
If you believe that any content on our Site infringes your copyright or other intellectual property rights, please notify us with the relevant details (see Contact Information below). We respect intellectual property laws and will address legitimate concerns, including removing infringing content if confirmed.
We take confidentiality seriously for both our clients and our evaluators:
If you are a client and require a separate Non-Disclosure Agreement (NDA) to cover the specifics of our engagement, we are willing to sign such an agreement as well. Many of our engagements are covered by NDAs or confidentiality clauses in the service contract by default.
Our Site and services integrate or make use of certain third-party platforms to deliver our solutions. For example:
While we strive to choose reputable third-party providers, we disclaim any liability for acts or omissions of third parties. Any reference on our Site to a third-party product, service, or website is not an endorsement or warranty by us.
Please review our Privacy Policy (which will be available on our Site) to understand how we collect, use, store, and protect your personal information. The Privacy Policy is hereby incorporated into these Terms by reference. By using the Site or our services, you acknowledge that you have read and understood our Privacy Policy and that you consent to the practices described therein.
Some key points regarding privacy and data (not a substitute for the full policy):
By agreeing to these Terms, you also agree that we can contact you regarding your account or our services, in accordance with our Privacy Policy. For example, we may send service-related announcements or marketing emails (you can opt out of marketing messages if you wish, as detailed in the Privacy Policy).
If you have any privacy-related questions or requests, please contact us as described in the Privacy Policy or using the contact info below.
Protecting our users from fraud is extremely important. Unfortunately, the mystery shopping industry is sometimes targeted by scammers who impersonate legitimate companies. These scams often involve fraudulent job offers, checks, or communications that do not actually come from us. Please keep in mind the following:
We care about our independent contractors and our applicants. While we cannot prevent criminals from misusing our name, we want to help you avoid being scammed. Therefore, we are not liable for any losses or damages you may incur through interactions with third-party scammers, but we will do our best to assist or advise if you report a suspicious incident. Always use caution and only trust information directly from our official website or representatives.
Use of Site: The Site and all content on it are provided on an “as is” and “as available” basis. While we strive to keep information up to date and accurate, we make no warranty that the Site (or any content) is error-free, complete, or current. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express or implied, regarding the Site, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Site will be accessible without interruption or that it is free from viruses or other harmful components. Use the Site at your own risk.
Professional Services: Any services or deliverables we provide to clients (such as mystery shop reports, data analysis, consulting advice, or training) are also provided without any implied warranties. We will perform services with reasonable care and skill, but we do not warrant that our services will lead to any particular outcome for your business. For example, we do not warrant that implementing our recommendations will guarantee you a 5-star rating or a specific increase in customer satisfaction – those outcomes depend on many factors outside our control. Our reports and data are meant to assist your decision-making, but you should not rely on them as the sole factor for any critical business or personal decisions. If we provide any forecasts or performance metrics, those are for illustrative purposes and not guaranteed.
Third-Party Services: We make no warranties regarding any third-party platforms or services that you use in connection with our service. For instance, we do not warrant that the iSecretShop platform or PRISM dashboard will operate without issues – though we certainly hope they do, as they are critical tools for us. Any warranties for those platforms, if any, come from their respective providers, not from us.
No Other Warranties: No advice or information, whether oral or written, obtained by you from us or through the Site, shall create any warranty not expressly stated in these Terms. We do not warrant that any issues or defects will be corrected, although we endeavor to fix problems that we are aware of.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, any implied warranties will be limited to the minimum scope and duration permitted by applicable law.
To the maximum extent permitted by applicable law, Business Evaluation Services, Inc. (Mystery Shopper Services) and its affiliates, officers, employees, agents, and subcontractors (including independent shoppers) shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of (or inability to use) the Site or our services. This includes, without limitation, damages for lost profits or revenues, business interruption, loss of data, loss of goodwill, or procurement of substitute services, even if we have been advised of the possibility of such damages.
In particular, as a client, you agree that we are not liable for any claims or losses related to actions you take (or fail to take) in your business as a result of the information we provide. For example, if a report mistakenly fails to note an issue at one of your locations and you rely on that and encounter a problem later, we will not be liable for the consequences. Similarly, if a mystery shopper’s actions (despite our policies) cause some disruption at your business, our liability for that will be limited as described here (we do vet and train our shoppers to be professional, but they are independent contractors and not under our constant control).
If you are an evaluator, you agree that we are not liable for risks inherent in doing mystery shops. We do not assume responsibility for any injury, accident, or property damage that might occur while you are performing an assignment (for example, if you slip and fall in a store during a shop, that would be handled between you and the store as if you were a normal customer). We also are not liable for any costs you incur that were not explicitly agreed to be reimbursed.
Our total cumulative liability to any user (whether a client, evaluator, or other user) for any claims arising out of or relating to our services or these Terms shall not exceed the amount you have paid to us for services in the six (6) months preceding the event giving rise to the liability (or, if you are an evaluator or site visitor who has not paid us anything, $100). This limitation applies regardless of the cause of action (contract, tort, negligence, strict liability, or otherwise).
Exceptions: The above limitations of liability shall not apply to the extent prohibited by law. For example, some states do not allow limitation of liability for personal injury caused by gross negligence or willful misconduct, so if that were (hypothetically) the case, we would not limit our liability in that scenario. Likewise, the limitation does not apply to our own infringement of third-party intellectual property rights, or liabilities that cannot be limited by law.
You acknowledge that the fees we charge (or the fact that we allow free access to the Site content) reflect this allocation of risk and that without these limitations, the cost of services might be higher or we might be unable to offer some services at all. Your sole and exclusive remedy if you are dissatisfied with the Site or our services is to discontinue use of the Site/services and (if you are a client) to terminate your engagement as per any contract cancellation terms. This limitation of remedies is a part of the bargain between us.
You agree to indemnify, defend, and hold harmless Business Evaluation Services, Inc. (Mystery Shopper Services) and its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate with our defense of such claim as reasonably requested. You may not settle any such claim without our prior written consent if the settlement would impose any obligation on us or admit any fault on our behalf.
This indemnification obligation will survive any termination of your relationship with us or use of the Site, to the extent relating to acts or omissions occurring before termination.
By Users: You are free to stop using our Site or services at any time. If you are a client and wish to terminate an ongoing service engagement, please refer to your specific contract or contact us to discuss the termination process. Typically, if a client terminates a project early, you are responsible for payment of any services already rendered or costs incurred up to the date of termination. If you are an independent evaluator, you can choose to stop taking assignments or deactivate your account by notifying us (or simply not logging in anymore). However, any assignments you have already committed to should be either completed or formally dropped with notice to us, to avoid causing issues for our scheduling.
By Users: You are free to stop using our Site or services at any time. If you are a client and wish to terminate an ongoing service engagement, please refer to your specific contract or contact us to discuss the termination process. Typically, if a client terminates a project early, you are responsible for payment of any services already rendered or costs incurred up to the date of termination. If you are an independent evaluator, you can choose to stop taking assignments or deactivate your account by notifying us (or simply not logging in anymore). However, any assignments you have already committed to should be either completed or formally dropped with notice to us, to avoid causing issues for our scheduling.
Additionally, we may terminate or suspend the Site entirely (for all users) if needed, such as for security reasons or if we cease business operations. In the event we cease operations, we will make reasonable efforts to deliver any reports or data owed to clients and to pay any outstanding amounts to evaluators for completed work.
Upon termination of your access, your right to use the Site or services will immediately cease. However, the provisions of these Terms which by their nature should survive termination (such as Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, etc.) will continue to remain in effect.
If your account is terminated by us due to a breach of these Terms or misconduct, you may not create a new account or use the service again without our express permission. We also reserve the right to refuse service to any individual or entity at our discretion, to the extent permitted by law.
These Terms and any disputes arising out of or relating to these Terms, the Site, or our services will be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. However, if you are using our services in a different country, nothing in this clause will override any mandatory consumer protections or rights you have under the law of that country (to the extent those are applicable and cannot be waived by contract).
Jurisdiction: You agree that any legal action or proceeding arising under these Terms or related to your use of the Site or services shall be brought exclusively in the state or federal courts located in California. Specifically, since our company is based in California (with a mailing address in Arroyo Grande, CA), we designate the courts of California (for example, the courts in San Luis Obispo County or the nearest appropriate jurisdiction) as the venue. You consent to the personal jurisdiction of such courts and waive any objections on grounds of inconvenient forum or otherwise, provided that if you are a consumer located outside of California, you may have the right to bring an action in your home jurisdiction under certain consumer protection laws – this clause is not intended to strip you of any such right if applicable.
Arbitration (if applicable): (Note: At this time, we do not mandate arbitration in these Terms. However, if a separate agreement with you contains an arbitration clause, that clause would apply as specified. We reserve the right to update these Terms to include an arbitration agreement and class action waiver in the future, but any such change would be communicated and, if required by law, an opportunity to opt out would be provided.)
Class Action Waiver: To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This means no class actions or collective arbitrations. Each party waives any right to a jury trial as well.
If you are a resident of California, USA, you have certain consumer rights under California law. Under California Civil Code Section 1789.3, Californian users of our Site are entitled to the following specific notice about consumer rights:
In addition, California law permits users of our Site who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. However, as stated in our Privacy Policy, we do not share personal information with third parties for direct marketing without consent. California residents under the age of 18 who are registered users of any online site, service, or application have the right to request removal of content or information they have publicly posted. However, our Site does not currently allow users to post content publicly (aside from possibly blog comments if that feature exists). If in the future such features are available and you are a minor who posted something, you can contact us to request removal.
We may update or modify these Terms from time to time as our business, technology, or legal requirements evolve. When we make changes, we will post the revised Terms on this page with a new “Last Updated” date. If the changes are significant, we will provide a more prominent notice (such as a banner on the Site or an email notification to account holders) prior to the changes taking effect.
It is your responsibility to review these Terms periodically. By continuing to use the Site or our services after any revised Terms have been posted (and after the effective date of any notice, if applicable), you agree to the updated Terms. If you do not agree with the changes, you must stop using the Site and services and, if you have an account, you may request deactivation.
Any changes will not apply retroactively – they will not affect any dispute between you and us arising before the date on which the revised Terms containing the change became effective. If you have a separate signed agreement with us, changes to these general Terms will not modify that separate agreement unless explicitly agreed.
If you have any questions, concerns, or comments about these Terms or need to reach us for any reason, you can contact us using the information below:
Business Evaluation Services, Inc. (Mystery Shopper Services)
Mailing Address: P.O. Box 507, Arroyo Grande, CA 93421, USA
Phone: 1-888-300-8292 (toll-free US)
Email: info@mysteryshopperservices.com (general inquiries)
You can also find various contact options on our Support page and Contact Us forms on the Site. We strive to respond to inquiries promptly (generally by the next business day). Our typical office hours for phone support are Monday–Friday, 7:30 AM to 4:30 PM Pacific Time, excluding holidays.
If you are sending any formal legal notices, please send them to our mailing address, Attn: Legal Department. (We recommend also emailing us to alert us to any legal notice, for faster response.)
Last Updated: October 20th, 2025
By using the Site or our services, you acknowledge that you have read these Terms and agree to abide by them. Thank you for reading our Terms and Conditions. We value your business (if you are a client) and your contributions (if you are an independent evaluator), and we are committed to providing quality service in a fair and transparent manner. If you have any questions or need clarification on any section of these Terms, please do not hesitate to contact us.
Discover how a tailored BES solution can help your business meet its unique needs by clicking any of the request forms below. Or, call us at 888-300-8292 to get started today!