Terms of service

Creator Visits terms (United States)

Version 1.0, effective October 1, 2026. These terms are between Local Views, the trading name of Daily Mentoring Pty Ltd (ACN 672 320 437), an Australian company ("Local Views", "we", "us", "our"), and the business that subscribes to Creator Visits ("you", "your"). There is nothing to sign. You accept these terms when you pay for a plan through our Stripe checkout.

1. These terms

1. Creator Visits is for hospitality businesses: restaurants, cafes, bars, dessert shops and takeout spots in the United States cities we serve. New York City is the first.
2. You subscribe as a business, and the person who subscribes confirms they are allowed to bind that business.
3. You accept these terms when you pay through the Payment Link, and they apply from the Start Date. There is no signature block because the payment is the acceptance.
4. We take on a limited number of restaurants at a time. We can decline or waitlist a subscription if your neighborhood is full or your restaurant isn't a fit for our Creators. If we decline after you have paid, we refund that payment in full.

2. Definitions

"Affiliate" means, for either of us, any person or entity that controls, is controlled by, or is under common control with that party, where "control" means owning more than half the voting interests or otherwise directing management.

"Authorized Purpose" means marketing and promoting your own restaurant, and any other purpose we notify to you from time to time.

"Confidential Information" means all non-public information one of us discloses to the other in connection with these terms and that is confidential by nature, including Creator contact details, but excludes any information that:

1. is or becomes publicly available (other than as a result of a breach of these terms);
2. was lawfully in the receiving party's possession before disclosure; or
3. has been made available to the receiving party on a non-confidential basis.

"Creator" means a content creator we select, brief and book to visit your restaurant.

"Deliverables" means the monthly report and any other report or communication we produce in connection with the Services.

"Payment Link" means the link we issue containing the payment method for the Services and stipulating the Plan you chose.

"Plan" means the Monthly plan set out in clause 9.

"Services" means the Creator Visits service described in clause 3.

"Start Date" means the date of your first successful payment through the Payment Link.

"Subscription Fees" means the fees for your Plan set out in clause 9, before any sales tax.

"Visit" means one booked attendance by a Creator at your restaurant under these terms.

3. The Services

1. Each month we book at least five Creators into your restaurant, at times you have approved.
2. Each Creator films their Visit and posts about it on their own TikTok or Instagram account. Across five Visits that is usually five to ten videos.
3. Each Creator arrives briefed on which dishes to order and anything you are launching.
4. You get a monthly report listing every video and its views.
5. We provide the Services in accordance with good industry practice.
6. You may use the Services and the Deliverables solely at your own risk for the Authorized Purpose. The Deliverables are for you alone, and no one other than you and your employees, directors, partners, officers and professional advisers may access them.
7. View counts and other figures in the Deliverables come from TikTok, Instagram and the Creators. We believe them to be reliable, but we do not independently verify them.
8. We are not advising you on legal, accounting, tax, employment or food safety matters, and you should appoint your own advisers for those. We may talk to your advisers and use what they produce, but we do not report on or take responsibility for their work.
9. Not included: our team filming or editing for you, scripts, paid ads, a particular Creator, a promised number of views, revenue, reviews of any kind, or exclusivity in your neighborhood. Some of those are separate services. Ask us. Reviews never are; see clause 7.

4. What we need from you

1. Seatings. Give us at least six seatings a week that Creators can book into, and tell us at least 48 hours before you change or close them.
2. Dishes. Tell us which dishes and specials to brief, and keep them available at the booked times.
3. The food value. You set the food value for a Visit when you set up, in your own words, and we brief Creators to it. If you don't set one, it is US$100 a Visit, covering the Creator and one guest. It is food only. Alcohol isn't included unless you choose to include it, and then only for guests who are 21 or over. Anything above the value you set is up to you, and you can't ask a Creator to pay for what we briefed.
4. Treat them like any other table. No pressure about what to post, no asking for a good word, no asking for a review, no asking them to leave out that the meal was on the house.
5. Filming happens in your restaurant. Tell your staff a Creator is coming, and tell the Creator about anything off limits, like the kitchen or a private event. Creators follow reasonable house rules.
6. Missed visits. If you cancel a booked Visit with less than 24 hours' notice, turn a booked Creator away, or are closed when they arrive, that Visit counts as one of your five for the month. We will still try to rebook it.
7. What you owe the Creator. Honor a confirmed booking, serve them food of the same quality you would serve a paying customer, and treat them decently.
8. Your costs. Anything you do to act on a brief or a report is at your own expense.
9. Sales figures. Give us read-only access to your sales figures, through your point of sale (POS) system or by sending us your sales reports when we ask, so we can see what the Visits do for your sales and improve your results.

5. Booking, rescheduling and shortfalls

1. We handle the booking, the reminders and the follow-up. Creators are people, so some Visits move.
2. We deliver the number of Visits we promised, within your term. That is five for each month of the term.
3. If a Creator cancels or doesn't turn up, we send a replacement inside the same term.
4. If we still fall short at the end of the term, we extend your term by up to two weeks at no charge and keep booking until the promised number has been delivered.
5. You may see more invites than you expect early on. We often send more than five in the first weeks of a term so that cancellations don't leave you short. That is not an extra charge and it doesn't change your fee.
6. A Visit missed for a reason on your side under clause 4(f) counts as used, and doesn't add to what we owe you.
7. Creators post within 14 days of the Visit, on a date they pick when they book. If one hasn't posted by then we chase them, and the Visit isn't counted as delivered until the video is live.
8. None of this turns into cash. A Visit we owe you is delivered as a Visit, never as a refund or a credit against your Subscription Fees.

6. Creators, content and disclosure

1. Creators are independent. They are not our employees or agents, and not yours. We select and brief them. We don't control what they say, and they post their honest opinion of the Visit.
2. Posting, tags and the FTC disclosure. Creators post within 14 days of the Visit and tag your restaurant. Because the meal was free, the FTC's Endorsement Guides (16 CFR Part 255) require a clear disclosure of that, and every Creator agrees in their own terms to make one: #ad or "complimentary meal from @restaurant", in the caption and on screen. The disclosure is the Creator's obligation. We brief it, we check for it, and we chase it when it's missing. You must not ask a Creator to remove, hide, shrink or soften a disclosure, and you must not tell a Creator what to say about the food. If the FTC or a platform changes what a disclosure has to look like, we update the brief and tell you.
3. Who owns the video, and what you can do with it. The Creator owns what they shoot. In their own terms, every Creator gives Local Views and your restaurant a non-exclusive, royalty-free, worldwide license to use, display and share that video to promote our businesses, including on social media and in marketing material. So you can repost it, put it on your website, run it on a screen in the restaurant or use it in a flyer. Credit the Creator every time. The license has no end date, so it doesn't stop when the Creator takes their own post down or when your subscription ends. It covers using, displaying and sharing the video, not re-cutting it.
4. Paid advertising is a separate yes. Putting money behind a Creator's video needs that Creator's written permission first. Ask us and we will get it, and the Creator is free to say no or to name a price.
5. Edits and takedowns. You can't require a Creator to change, edit or delete a post. If a post has a factual error, such as a wrong price or the wrong hours, or contains something unlawful, tell us and we will raise it with the Creator.
6. Instagram collaborator posts appear on your grid as well as the Creator's. If you don't want collab requests, tell us at onboarding.
7. Our material. We own the intellectual property rights in the Deliverables, our briefs and our creator matching, and we license you the right to use the Deliverables for the Authorized Purpose.
8. Your material. You license us the right, and warrant that we are authorized, to use, copy and modify your name, logo, menu, photos and any other material you give us for the purposes of these terms.

7. Reviews: what we never do

1. A review given in exchange for a free meal breaks Google's and Yelp's rules and the FTC's Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 CFR Part 465, in force since October 2024). The exposure for a bought review sits with the business that got it.
2. Every Creator agrees in their own terms not to review a restaurant we booked them into, and not to accept anything for one.
3. Don't ask a Creator for a review, and don't offer them anything for one. If a Creator leaves one anyway, tell us and we will ask them to take it down.
4. Nothing in this clause stops a real customer leaving a real review, and nothing here is advice about how you handle the reviews you get.

8. Booking our Creators directly

1. "Introduced" means any Creator we booked into your restaurant or named to you.
2. What arranging covers. Booking, hiring, paying, gifting, comping a meal, sponsoring, or giving product, vouchers, discounts or any other benefit in exchange for content. Payment in kind counts the same as cash. It also counts if it happens through an agency or manager, through another restaurant or business you or your owners control, or through a staff member, a family member or anyone else acting for you.
3. What is fine. A Creator who walks in and pays like any other customer. A post nobody arranged, including an unprompted tag. And any Creator you already worked with before we introduced them, if you can show us the earlier booking, invoice or post. Those Creators sit outside this clause.
4. If a Creator we introduced approaches you directly about a paid or gifted collaboration, tell us and we will arrange it through Local Views.
5. Want more from a particular Creator, such as a launch, a second visit or an ad? Ask us and we will quote it.
6. Creator contact details are Confidential Information. We share public handles only. Don't try to get their phone numbers or emails through our bookings.
7. What happens if it does happen. You pay us an introduction fee of US$400 for each Creator you booked, hired, paid or gifted outside Local Views. It is a one-time fee per Creator, not per visit, and it is due 14 days after we invoice it. We can also stop introducing Creators to you and end your subscription under clause 10(d). We both agree the fee is a reasonable estimate of the value of the introduction and of what we lose when it is bypassed, not a penalty, because the real figure is hard to work out after the fact.
8. It works the same way for Creators, without the fee. Every Creator agrees the same restriction while they are on the program: no bookings, payment or gifts from a restaurant we introduced them to unless it comes through Local Views. The consequence on their side is that the invites stop. Their version is clause 8 of the creator agreement.

9. Subscription Fees, sales tax and billing

1. Monthly. US$400 a month, charged in advance on the Start Date and on the same date each month after that. It runs month to month, with no minimum commitment.
2. Sales tax. Prices exclude any applicable sales tax. If a state or local sales or use tax applies to the Services where your restaurant is, we add it at checkout or on the invoice and you pay it on top of the Subscription Fees. If you hold an exemption certificate, send it to creators@localviews.ai before you subscribe.
3. Currency. Every amount in these terms is in US dollars, and Stripe charges your card in US dollars. We are an Australian company, so some card issuers treat the charge as a foreign transaction and add their own fee. That fee is between you and your card issuer.
4. Payment is by card through Stripe's automated payment system, or as otherwise nominated by us. By subscribing you authorize us to charge that card for each renewal until the subscription is cancelled.
5. Automatic renewal. Your subscription renews automatically at the end of each billing period, at the Subscription Fees then in force, until you cancel it under clause 10. You can cancel online at any time from your Stripe billing portal; the link is in every receipt. We email a receipt for every charge.
6. We may vary the Subscription Fees by giving you at least 30 days' notice by email. If you don't accept the new fees you can cancel before they take effect, and you will have no other remedy for that change. If you don't cancel, you are taken to have accepted them. A change never applies to a month you have already paid for.
7. Promotional or founding prices apply for the period stated when you subscribed.
8. If a payment fails, Stripe retries it. If it is still unpaid after 7 days we suspend the Services, including new bookings, until it is paid. If it is unpaid after 30 days we can cancel the subscription. We may block or suspend access to the Services while any Subscription Fees are unpaid or overdue, in whole or in part.
9. You may not deduct or set off any amount you say we owe you from any Subscription Fees or other payments due under these terms.

10. Cancellation

1. Monthly plan. Cancel any time from your Stripe billing portal, the link for which is in every receipt, or by emailing creators@localviews.ai. Cancellation stops the next renewal and takes effect at the end of the month you have paid for. You keep the Services until then, and Visits booked after that date are cancelled.
2. There is no cancellation fee.
3. We can cancel with 30 days' written notice for any reason. If we do, we refund the unused part of the period you have paid for, worked out day by day.
4. We can suspend or cancel immediately if:
   1. any Subscription Fees are not paid when due;
   2. you materially breach these terms and do not fix it within 7 days of us telling you;
   3. you become insolvent, file for bankruptcy, or have a receiver appointed;
   4. you breach clause 7 or clause 8;
   5. you mistreat a Creator or ask for unlawful content; or
   6. we reasonably believe your restaurant isn't safe for Creators to visit.
5. We may suspend the Services at any time after either of us gives notice of cancellation.
6. Neither of us is liable to the other for loss arising from a cancellation under clause 10(a) or 10(c).
7. Chargebacks and payment interruptions. If you remove or disable the agreed payment method, initiate a chargeback, or otherwise cause an interruption to a scheduled payment without our prior written consent, then you remain liable for the Subscription Fees for the period that payment covers, and we may recover the outstanding balance through legal means, including collection proceedings. We treat this as a material breach and may suspend the Services immediately. None of this stops you disputing a charge that is genuinely wrong. Tell us first and we will sort it out.
8. If you default in payment of any Subscription Fees, you reimburse us for the reasonable costs we incur pursuing the debt, including reasonable attorneys' fees and collection agency costs, to the extent the law allows.

11. Refunds

We don't give refunds or credits for:

• change of mind;
• Visits you didn't use, or seatings you didn't make available;
• a period that renewed because you didn't cancel before the billing date;
• Visits we still owe you at the end of a term, which we deliver under clause 5(d) by extending the term instead;
• disappointment with the views, comments, bookings or sales a video produced;
• a Creator's honest opinion of their Visit.

We do refund:

1. the unused part of the period you have paid for, if we cancel under clause 10(c);
2. your payment in full, if we decline your subscription under clause 1(d); and
3. the part of the period we could not deliver, if we can't provide the Services for reasons on our side and you would rather not wait.

A shortfall in Visits is made good by delivering the Visits, under clauses 5(b) to 5(d). It never becomes cash.

Putting things right. If something in the Services is materially wrong, tell us in writing promptly after you find it. We will use reasonable efforts to fix it at our cost, and we may do that by resupplying the Services, having someone else resupply them, or refunding the Subscription Fees for the affected period. We are not obliged to fix, and won't refund for, anything caused by information you gave us, a direction you gave us, something you or a third party did, or an event outside our reasonable control such as fire, flood, storm or a public health order.

12. Results, and what we don't promise

1. We choose Creators for the reach their food videos get compared with their following. We can't promise a view count, a viral post, foot traffic, bookings or revenue. The figures on our website are from real venues, most of them in Australia, where we started. They are examples, not a forecast for yours.
2. We don't promise a specific Creator, the exact day a video goes up, or that a post stays live. Creators agree to post within 14 days of the Visit, and clause 5(g) says what we do if one doesn't. Creators can remove their own content afterwards.
3. We may work with other restaurants in your neighborhood, including your competitors, unless we have agreed exclusivity with you in writing.
4. There is no revenue guarantee attached to Creator Visits. What we promise is in clause 3, and nothing said in a call, an ad or an email adds to it.

13. Your restaurant's name, and recordings

1. You consent to us using your restaurant's name, logo and official emblem as part of our marketing, and to us showing Creators' public posts about your restaurant in our case studies and marketing.
2. If you would rather we didn't, email creators@localviews.ai and we will stop within 14 days. We won't publish your sales figures without your written OK.
3. You consent to us recording onboarding and support calls between us, and to us using those recordings in our business, including publishing them on our platform for your use and, where they don't contain your Confidential Information, publishing them for promotional and marketing purposes. Tell the people on your side of the call that it is recorded.
4. You may only use our name, logo or official emblem, or release marketing material about the Services, with our prior written consent.

14. Confidentiality and public statements

1. Neither of us may use or disclose the other's Confidential Information, during the subscription and for two years after it ends, to anyone other than: our representatives, which include contractors providing the Services and any personnel; a person we are compelled to disclose to by law, a court or a government authority; or a person the other party consents to.
2. Creator contact details are Confidential Information. We share public handles only.
3. Clause 14(a) does not stop us doing what clause 13 allows.
4. No campaigns against each other. Neither of us, and none of our Affiliates, may run a campaign to damage the other's reputation, or the reputation of its officers or owners. That means things like a coordinated pile-on, briefing other people against us or against you, or spreading something we know isn't true. Honest opinion is not that, and this clause never stops either of us leaving an honest review, giving honest feedback to another restaurant or another creator, stating a fact, or saying anything a law, a regulator or a legal process requires.

15. Privacy and data

1. We handle information we receive in connection with these terms under our Privacy Policy. We are an Australian company, so information about you and your restaurant may be stored and handled outside the United States, including in Australia, and by the service providers we use to run the program, such as Stripe for payments and Twilio for text messages.
2. We share your restaurant's name, address, booked times and dish brief with Creators so they can visit.
3. Text messages. The cell number you give us for bookings receives texts about your bookings and Visits from our US number. Reply STOP to stop them, and we will confirm bookings by email instead. Reply HELP for help. Message and data rates may apply.
4. If information we hold in connection with these terms is exposed to a breach of security, we will tell you promptly, take reasonable corrective action, and give any notice the law requires.
5. We use your sales figures only to measure and improve your results, and we don't use your customers' personal details. Your sales figures are your Confidential Information under clause 14, and we won't publish them without your written OK (clause 13(b)). Sharing them doesn't change clause 12: there is still no revenue guarantee.

16. Liability

1. Creators are independent, so we are not responsible for what they do or say. You stay responsible for the food and service you provide, including allergens, as you would for any other guest.
2. To the fullest extent the law allows, we:
   1. provide the Services as described in clause 3 and disclaim every other warranty, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement;
   2. are not liable for any delay in providing the Services, except that this does not cut down the delivery commitment in clauses 5(b) to 5(d), which stands;
   3. are not liable to you, in total and for everything arising out of or connected with these terms, for more than the Subscription Fees you paid us in the 12 months before the event that gave rise to the claim, and all loss above that amount is your responsibility;
   4. are not liable for loss arising from a defect in the accuracy, quality, integrity, legality, reliability or ownership of information you gave us; and
   5. are not liable for any indirect, incidental, special, consequential or punitive loss or damage, including lost profits, lost revenue, lost bookings, loss of goodwill, reputational harm or any other economic loss, whether or not we were told that loss was possible.
3. You are responsible for loss we suffer because you breached clause 6 or clause 7, such as using a Creator's video in a way the Creator never licensed, or asking a Creator for a review, to the extent you caused it.
4. You will give us reasonable access to your restaurant and to relevant records so we can properly investigate and assess any claim under these terms.
5. Where the law says otherwise. Some states don't allow a business to limit implied warranties or to exclude certain kinds of damages. Where that applies to you, the parts of this clause that the law doesn't allow don't apply, our liability is limited as far as the law does allow, and the rest of the clause keeps working, including the cap in clause 16(b)(iii) and the exclusion in clause 16(b)(v).

17. Changes to these terms

We may update these terms. We will email you at least 30 days before a change that affects you. If you don't accept it, cancel before it takes effect. A change never applies to a month you have already paid for.

18. Notices

1. A notice under these terms must be in writing. Notices to you go to the email address on your Stripe account or any other address you give us. Notices to us go to daviefog@daviegroup.com.au, or by post to our registered office in Australia. Everyday messages can go to creators@localviews.ai, but a formal notice under these terms has to go to the notices address.
2. A notice sent by post is regarded as given and received on the fifth business day after posting.
3. A notice sent by email is regarded as given and received when it reaches the addressee in legible form, unless the sender gets an automated message that it was not delivered.
4. A notice received other than on a business day, or after 5:00pm in the recipient's local time, is regarded as received at 9:00am on the following business day. A notice received before 9:00am on a business day is regarded as received at 9:00am.

19. General

1. Governing law and courts. These terms are governed by the law of the State of New York, without regard to its conflict of laws rules. Each of us submits to the non-exclusive jurisdiction of the state and federal courts located in New York County, New York, for any dispute arising out of these terms. To the extent the law allows, each of us waives any right to a jury trial in such a dispute.
2. Invalidity. If part of these terms is invalid under the law of a jurisdiction, it still applies in that jurisdiction to the extent it is not invalid, whether it is in severable terms or not, unless enforcing it that way would materially change what either of us has to do. The rest of these terms keep applying.
3. Waiver. Neither of us may rely on the words or conduct of the other as a waiver of any right unless it is in writing and signed by the party granting the waiver.
4. Variation. Apart from a change we make under clause 9(f) or clause 17, a variation of these terms must be in writing and agreed by both of us.
5. Assignment. You can't transfer your subscription, or any right under these terms, to another business or restaurant without our written consent.
6. Further action. Each of us must, at our own expense, do the things reasonably needed to give full effect to these terms.
7. Non-solicitation. From the Start Date until 12 months after your subscription ends, neither you nor your Affiliates may engage any employee or contractor of Local Views as an employee or contractor. Creators are dealt with in clause 8, not here.
8. Independent parties. Nothing in these terms makes either of us the partner, joint venturer, agent or employee of the other, and nothing makes a Creator your employee or agent.
9. Events outside our control. Neither of us is liable for delay or failure caused by something beyond our reasonable control.
10. Entire agreement. These terms, our Privacy Policy and the details on the Payment Link and Stripe checkout page state all the express terms of the agreement between us for Creator Visits. They supersede all earlier discussions and understandings about it.
11. No reliance. Neither of us has relied on a statement by the other that is not included in these terms.

20. Contact

Local Views, the trading name of Daily Mentoring Pty Ltd, ACN 672 320 437, an Australian company.
Day to day, including bookings, cancellations, opt-outs and claims: creators@localviews.ai.
Formal notices under clause 18: daviefog@daviegroup.com.au.