Last update: June 8, 2025
Last Updated: August 14th, 2025
This Licensed Application End‑User License Agreement (“EULA”) is a legal agreement between Mustard, Inc. (“Mustard,” “we,” “us,” or “our”) and you, the end‑user of the Mustard.Love mobile application (the “App”). By installing, accessing, or using the App, you agree to be bound by this EULA and our Privacy Policy and other policies referenced here. If you do not agree, do not install or use the App.This EULA is between you and Mustard only, not Apple. Apple is not responsible for the App or its content, and certain rights and acknowledgments in favor of Apple are described below to satisfy Apple’s minimum EULA requirements.
1. Other Terms; Eligibility; Your Account
• Other Terms. This EULA governs influencer use of the App. If you are a Brand/Restaurant, your use of Mustard’s platform is governed by Mustard’s Terms of Service for Businesses, not this EULA
• Eligibility. You must be at least 18 years old and capable of forming a binding contract. You are responsible for keeping your account credentials confidential and for activity under your account.
• Third‑Party Accounts. Certain features connect your social accounts (e.g., Instagram/TikTok). You authorize Mustard to access and use information from those services consistent with your settings and our Privacy Policy, and you agree to comply with their terms.
2. Limited License; Scope of Use
Subject to this EULA, Mustard grants you a non‑exclusive, non‑transferable, revocable license to use the App on any Apple‑branded device you own or control, as permitted by the Apple Media Services Usage Rules (including Family Sharing/volume purchasing where applicable). You may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
3. Influencer Participation:
Collaborations, Product / Food Compensation, Deliverables & Payment
The App enables influencers to discover and participate in “Collaborations” with participating restaurants and other businesses (“Brands”). Mustard operates a platform that facilitates these connections; Brands choose which influencers to accept for each collaboration. (Mustard, Apple)
3.1 Collaboration Offer Details – Each collaboration will display specific offer terms inside the App, which form part of this EULA for that collaboration, including (as applicable):
• Product / Food Compensation (in‑venue or, if offered, for at‑home use): the amount or value, eligible items, when/where it can be redeemed, and any exclusions (e.g., alcohol), expiration/time windows, and whether a guest is included. Product / food compensation is an in‑kind benefit (not cash) and may not include tips or taxes unless expressly stated. Such product / food compensation is provided by the Brand, not Mustard.
• Deliverables & Instructions: the required content (e.g., Instagram Reel, Stories), deadlines (e.g., post within 5 business days), caption language/links, hashtags, mentions, and tagging (including any additional entity the Brand requires).
• Cash Compensation (if any): the amount and release conditions tied to completing deliverables; when applicable, funds may be held and released according to platform procedures (including escrow/verification if designated for a campaign).
3.2 Booking, Check‑In, and VouchersBooking. If you apply and are accepted, you must book a slot in the App and arrive on time; the App shows available dates/times and instructions.
• Check‑In. On arrival (or before using any at‑home product / food compensation), you must check in as instructed in the App so the visit can be verified. Check-in via the App is mandatory to confirm your attendance and to receive any product / food compensation for the collaboration.
• Voucher. The App may generate a time‑bound voucher reflecting your product / food compensation and guest allowance. It is valid only for the listed venue, time window, and items; unused value expires and has no cash value. The Brand is solely responsible for honoring the product / food compensation; Mustard is not the merchant of record and does not provide the product or food benefit. (Tipping is appreciated by venues but not included unless stated.)
3.3 Content Deliverables; Deadlines; Approval You must create and publish all required deliverables and follow the instructions (e.g., include the promotional message, required @mentions, tags, links, and use the collaboration tag).
• Posting Deadline. Unless the collaboration terms specify a shorter timeframe, you must publish the required content within five (5) business days of the collaboration engagement (e.g., the date of your visit).
• Promotional Instructions. Some collaborations may require highlighting a specific promotion the Brand is pushing. You agree to do so as instructed.
• Submission & Review. You must submit links/receipts in‑App for verification within the specified deadline. Brands may review for instruction compliance (not creative control).
• Content Retention. Unless instructed otherwise by Mustard or the Brand, you must keep any collaboration content you post live on your social media account(s) for at least twelve (12) months. Removing the content earlier without permission may result in a $100 fine.
• Non-Delivery. If you fail to submit or publish the required content within the required timeframe, you agree that the Brand may require you to reimburse the full value of any product / food compensation that you received.
3.4 Ranking; Rescheduling; Cancellation;
• No‑Show Attendance. You must attend all scheduled collaborations on time. If you cannot attend at the scheduled time, you must cancel or reschedule the collaboration in advance using the App’s “Cancel Collab” or “Reschedule Collab” feature.
• Ranking. Completing deliverables on time and as instructed protects or improves your in‑App ranking. Late, incomplete, or missing deliverables lower your ranking and can affect future eligibility.
• Rescheduling. We understand plans change, but rescheduling can negatively affect your ranking. If you need to reschedule a collaboration, you must use the App’s rescheduling feature and do so more than 48 hours before the scheduled start time. Rescheduling is not permitted within 48 hours of the scheduled time (such last-minute changes are treated as cancellations). The App may also limit how often you can reschedule (e.g., one reschedule per month) unless otherwise stated.
• Cancellation Window. Canceling close to the visit (e.g., within 48 hours) significantly lowers your ranking and may reduce future opportunities. You must cancel any collaboration through the App (using the "Cancel Collab" feature) to properly notify the Brand.
• No‑Show. Not showing up for a scheduled collaboration without prior cancellation or rescheduling via the App may cause a substantial ranking drop and can lead to suspension or removal from the network. (These consequences are part of platform integrity and fairness.)
3.5 Cash Compensation; Taxes; Payment HoldsRelease Conditions.
Any cash compensation is conditional upon timely submission and approval of all required deliverables and proof of posting per the collaboration instructions.
• Holds/Chargebacks. Mustard may delay, withhold, or reverse payments if instructions are not met, posts are removed, activity appears fraudulent/manipulated, or the Brand disputes compliance.
• Your Taxes. You are an independent contractor for each collaboration; you are solely responsible for your tax reporting and obligations (including reporting cash and in‑kind value where applicable).
3.6 Rights in Content; Re‑Marketing RightsOwnership.
You keep ownership of the content you create.
• Standard License to Brand & Mustard. You grant the Brand and Mustard a limited, worldwide, non‑exclusive, royalty‑free license to host, view, and share your submitted content for collaboration fulfillment, review, in‑App display, and organic reposting on the Brand’s social pages if permitted in the collaboration details.
• Optional Re‑Marketing Rights. If a collaboration or your profile offers paid re‑marketing/whitelisting rights, and the Brand purchases them in‑App, you grant the additional license described in those offer terms (e.g., paid advertising usage, duration, and channels). Those rights are not granted unless purchased.
You represent that your content (i) is your original work or properly licensed, (ii) does not infringe third‑party rights, and (iii) complies with social‑platform terms and FTC disclosure rules.
4) Acceptable Use & Platform Integrity
You will not (a) misrepresent your identity, audience, or metrics; (b) buy or use fake followers/engagement; (c) post unlawful, deceptive, or infringing content; (d) endanger venue staff or guests; (e) attempt to bypass Mustard to avoid platform fees on collaborations found through the App for twelve (12) months after first contact; (f) interfere with App security or operations; or (g) violate any applicable laws, advertising guidelines, or platform rules. Violations may result in lost ranking, payment denial, or suspension/termination.
5) Influencer Code of Ethics
You agree to maintain high standards of professionalism, honesty, and respect in all collaborations. This includes adhering to the following requirements:
• Brand Safety. Ensure that your conduct and content uphold the reputation of Mustard and the Brand. Do not engage in any activity or content that could harm the Brand’s image or Mustard’s reputation.
• Honesty & Accuracy. Present yourself and your social media metrics truthfully. Do not misrepresent your identity, followers, engagement, or reach (e.g., do not buy fake followers or fake engagement).
• Professionalism. Behave professionally during all collaboration visits and interactions. Follow any guidelines or rules provided by the Brand and treat venue staff and other patrons with respect.
• Respectful Content. Create content that is respectful, in good taste, and aligned with the Brand’s values and the promotion’s intent. Avoid content that is offensive, inappropriate, or misleading in relation to the collaboration.
• Social Platform Compliance. Comply with the terms of service, community guidelines, and disclosure rules of any social media platform you use for collaboration content, including FTC endorsement disclosure requirements.
• No Hate or Illegal Behavior. Do not engage in or promote hate speech, harassment, discrimination, or any unsafe or illegal behavior in your content or interactions.
• Cooperation with Moderation. Cooperate with Mustard and the Brand regarding any requests to modify or remove content for legal or brand safety reasons. If asked to remove or edit a post, you will do so promptly. You also agree to follow Mustard’s reporting and takedown protocols as required.
Violations of this Influencer Code of Ethics may result in decreased opportunities, cancellation of collaborations, or suspension/removal from the Mustard platform.
6) Support & Product Claims Maintenance
Mustard, not Apple, is responsible for support of the App. Apple has no obligation to furnish maintenance or support services for the App. Support requests: support@mustard.love.
• Product Claims. Mustard, not Apple, is responsible for addressing claims relating to the App or your possession or use of it (e.g., product liability, legal or regulatory compliance, and consumer‑protection/privacy claims).
7) Warranty; Disclaimers; Remedies Warranty.
To the maximum extent permitted by law, the App and services are provided “as is” and “as available,” without warranties of any kind unless otherwise expressly stated in this EULA or required by law.
• Apple Purchase Price Remedy. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. All other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty are Mustard’s responsibility. (For free apps, there is no purchase price.)
8) Intellectual Property
If a third party claims that the App or your possession/use of it infringes their intellectual‑property rights, Mustard, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
9) Legal Compliance; Export
You represent and warrant that you (a) are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country and (b) are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all U.S. and international export laws and regulations.
10) Third‑Party Terms
You must comply with third‑party terms applicable to your use of the App and deliverables (e.g., your wireless data plan, Instagram/TikTok rules, and any venue‑specific house rules).
11) Apple as Third‑Party Beneficiary
You and Mustard acknowledge and agree that Apple and Apple’s subsidiaries are third‑party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and is deemed to have accepted the right) to enforce this EULA against you as a third‑party beneficiary.
12) Health, Safety & Venue Notices
Food and beverages are provided by the Brand/venue, not Mustard. You are responsible for your health and safety during visits, including reviewing allergens or dietary restrictions with the venue and complying with on‑site rules. Mustard does not control venue operations, quality, or safety and is not liable for venue acts/omissions.
13) Suspension; Termination
We may suspend or terminate your access (with or without notice) if you violate this EULA, fail to complete deliverables, engage in fraud/abuse, or otherwise harm the platform or Brands. Upon termination, licenses granted to you end immediately; sections that by nature should survive (e.g., IP licenses granted for delivered content, payment provisions, disclaimers, limitations, and dispute terms) survive.
14) Limitation of Liability
To the fullest extent permitted by law, Mustard and its affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, arising out of or related to this EULA or the App, even if advised of the possibility. Our aggregate liability related to the App and collaborations will not exceed the greater of (a) USD $100 or (b) the total cash compensation paid to you through the App in the three (3) months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations; in those jurisdictions, liability is limited to the maximum extent permitted by law. (For Brands, separate limits apply under the business Terms of Service.)
15) Changes to the App or EULA
We may update the App or this EULA from time to time (for example, to reflect changes in features, laws, or platform rules). If we make material changes, we will provide reasonable notice (e.g., in‑App notice or email). Your continued use after the effective date of changes constitutes acceptance.
16) Governing Law; Venue; Dispute Resolution
This EULA is governed by the laws of the State of California, USA, without regard to conflict‑of‑law rules, and any claims not subject to arbitration will be brought exclusively in the state or federal courts located in California. Each party consents to personal jurisdiction and venue in those courts. (If you prefer a different governing law/venue, replace this paragraph accordingly.)
17) Contact Information
Mustard, Inc.
1290 Howard Ave. #323, Burlingame, CA 94010, USA
Email: legal@mustard.love | Support: support@mustard.love | Website: mustard.love
(Use these for questions, complaints, or claims about the App.)
18) General
• Entire Agreement. This EULA (plus in‑App collaboration terms and the Privacy Policy) is the entire agreement between you and Mustard for influencer use of the App and supersedes prior understandings.
• Severability; Waiver. If any term is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign or transfer this EULA without our prior written consent; we may assign it (e.g., in a merger or reorganization).
• Headings. Headings are for convenience only.
Summary of Key Influencer Duties (non‑exhaustive)
• Read the in‑App collaboration terms carefully.
• Show up on time, check in, and follow venue rules.
• Create and post all deliverables by the deadline (within five (5) business days of the collaboration) and use required tags/links/mentions, including any additional entity named by the Brand.
• Submit proof/links in the App for verification.
• Understand that ranking goes down for late/incomplete/failed work, last‑minute cancellations, or no‑shows; repeated issues can mean suspension or removal.
• Cash compensation, if offered, is released only after verified completion; product / food compensation is an in‑kind benefit from the venue with no cash value.
• Your content remains yours, but you grant the license needed for fulfillment and (if purchased) re‑marketing rights as described above.
Apple Compliance Note
This EULA includes the Acknowledgement, Scope of License, Maintenance/Support, Warranty, Product Claims, IP Rights, Legal Compliance, Developer Name/Address, Third‑Party Terms, and Third‑Party Beneficiary provisions Apple requires for custom EULAs.
• Acceptance By tapping “I Agree” (or installing/using the App), you acknowledge that you have read and agree to this EULA.
