Last update: June 8, 2025
By subscribing to and using the Mustard Influencer Platform (“Mustard”), you (the “Brand”) agree to the following terms and conditions. By clicking the acceptance checkbox and submitting payment, you acknowledge that you have read and agree to these Terms of Use, and that the specific details of your subscription (such as term length, compensation, and deliverables) are as selected on the platform or outlined in your plan. These terms constitute a binding agreement between the Brand and Mustard, Inc. (“we” or “us”), governing your use of Mustard’s services connecting your Brand with local influencers for promotional collaborations.
Platform Services and Collaborations
• Platform Services: Mustard provides an online platform where Brands can create marketing campaigns or “Collaborations” with local social media influencers. Brands specify the type of influencers and promotional campaign details through the platform, and influencers can apply to participate.
• Collaborations: A Collaboration is an ongoing campaign or offer that a Brand posts for influencers to join. Each Collaboration may have a set number of influencer slots defined by the Brand, typically on a monthly basis. Influencers apply to fill those slots, and the Brand selects its preferred influencers from the applicants.
• Deliverables: For each Collaboration, the Brand and chosen influencers agree on certain deliverables – e.g. the creation and posting of promotional content (Instagram Reels, Stories, TikTok posts, etc.) featuring the Brand. The exact requirements (content format, number of posts, timing, hashtags, etc.) are defined in the Collaboration details on the platform. Mustard facilitates the connection and content creation process as per those agreed terms.
• Content Quality: Influencers are expected to produce authentic content based on their genuine experience with the Brand’s product or service. However, the Brand understands that Mustard does not control the creative process of the influencer beyond conveying the agreed guidelines in the Collaboration details.
Confidentiality
During the course of using Mustard’s platform, you may share or receive confidential business information, such as marketing plans, sales data, or other proprietary materials. All confidential information exchanged between Brands, influencers, and Mustard must be kept strictly confidential and used only for the purposes of the Collaboration. Each party agrees not to disclose or use the other’s confidential information for any purpose outside of the platform services, except with permission or as required by law.
Intellectual Property and Content Rights
• Ownership of Influencer Content: Influencers retain ownership of all rights, including intellectual property rights, in the content they create for a Collaboration. As a Brand, you receive a license to use the influencer’s content only as explicitly permitted by the Collaboration terms (for example, on certain social media or marketing channels, for a specified time, if so agreed). Unless otherwise agreed, the Brand does not automatically obtain ownership of the raw content simply by virtue of the collaboration.
• Re-marketing Rights: If an influencer offers the option to sell additional usage rights (such as whitelisting or paid advertising rights for their content), the Brand may purchase those re-marketing rights through the Mustard platform for an extra fee set by the influencer. These rights, if purchased, would allow the Brand to repurpose the influencer’s content for broader marketing uses as specified.
• No Exclusive Rights: Unless expressly agreed in the Collaboration details, the Brand does not receive exclusive rights to an influencer’s content or endorsement. The influencer remains free to collaborate with other brands (including competitors of the Brand) and to use or post content outside the scope of the specific Collaboration.
Terms of Payment
SaaS Platform Access: By subscribing to Mustard’s Software-as-a-Service platform, you gain the following benefits as part of your subscription fee:
• Unlimited access to the Mustard platform interface to create and manage influencer collaborations.
• The ability to offer non-cash compensation (e.g. free meals or products) to influencers as part of your campaigns.
• Note: The subscription fee covers platform access and the above features only. It does not include any cash payments to influencers or any other services not explicitly listed. Any cash compensation for influencers is separate and subject to additional terms (see Cash Compensation and Escrow below).
Subscription Term & Renewal:
• Initial Term: As selected during checkout (the “Initial Period””), beginning on the date you subscribe. During this Initial Term, the subscription cannot be canceled or paused by the Brand, and fees for this period are non-refundable.
• Automatic Renewal: After the Initial Term, the subscription will automatically renew for successive periods of the same duration as the Initial Term under the same conditions. To prevent a renewal, you must cancel your subscription via your account settings or by written notice to sales@mustard.love at least seven (7) days before the start of the next renewal period.
• Non-Cancellable Period: Each subscription term (initial or renewal) is considered non-cancellable and fully earned once paid. This means that once a new term has begun and payment is made, the fees for that term are non-refundable and the term will continue to its end date. There are no pro-rated refunds for mid-term cancellations.
• Early Termination: If you terminate or breach the subscription before the end of a paid term, you will be responsible for an early termination fee equal to the remaining subscription fees for that term. In other words, any unpaid fees for the rest of the committed term become immediately due and payable upon early termination. This is to fairly compensate Mustard for the Brand’s commitment to the full term.
Credit Allocation & Usage:
• Monthly Credit Allocation: Each subscription tier provides a fixed number of booking credits per subscription month (the specific number is shown at checkout or in your plan details). These credits are deposited to your account at the start of each billing period.
• Credit Consumption: Each credit allows you to book one influencer for one campaign (one Collaboration slot). When you accept an influencer for one of your campaign slots, one credit is deducted.
• No Rollover of Credits: Unused credits expire at the end of each Subscription Period – they do not carry over into the next period. Each Subscription Period’s credits are intended to be used during that period’s campaigns. (For example, if you have 3 credits per Subscription Period and only use 2 in Period 1, the remaining credit will expire; you will still receive 3 new credits in Period 2.)
• Active Subscription Required: Credits have no cash value and can only be used while your subscription is active. If your subscription lapses or is terminated, any unused credits are forfeited at that time.
Cash Compensation and Escrow:
• Optional Cash Offers: In addition to offering free products or meals (“in-kind” compensation), the Brand may choose to offer cash compensation to influencers as part of a Collaboration. Any such cash payment is optional and set at the Brand’s discretion for each campaign.
• Escrow Fee: If you do designate a cash compensation for an influencer, that cash amount will be collected by Mustard upfront and held in escrow. A 10% escrow fee will be added (calculated on the cash amount) and charged to the Brand for this service. This escrow fee covers the administration of the payment and secure holding of funds until the influencer delivers the agreed content. For example, if you promise $100 cash to an influencer, an additional $10 (10%) escrow fee will be charged, for a total of $110 collected.
• Funds Held in Escrow: Mustard will hold the cash compensation in escrow from the time it is collected until release conditions are met. Funds remain in escrow until the influencer has submitted the required deliverables (the content/posts as outlined in the Collaboration details) and those deliverables are confirmed in accordance with platform procedures. Only after the agreed content is delivered will the cash be released to the influencer (minus any service fees).
• Non-Delivery by Influencer: If an influencer fails to produce or submit the agreed content within the timeframe specified in the Collaboration, the cash compensation will not be released to the influencer, and the agreement for that Collaboration slot may be considered nullified. In such cases, the Brand will not be charged the cash compensation (it would be returned or credited back to the Brand), however, the escrow fee is not refunded because it covers the administrative effort and platform guarantee during the period the funds were held. In essence, if the influencer doesn’t deliver, you don’t pay the cash promised, but you may forfeit the escrow fee which covered the service of holding and handling those funds.
• Brand’s Payment Obligations: The Brand is responsible for paying all subscription fees and any applicable escrow fees regardless of the outcome of influencer deliverables. In other words, a failure by an influencer to deliver content does not relieve the Brand from its obligation to pay subscription fees or the escrow fee for any cash that was offered. (The Brand’s remedy in such an event is that the cash portion will not be paid out to the failing influencer, as noted above.) Mustard’s platform will make commercially reasonable efforts to help the Brand find a replacement influencer or otherwise facilitate a successful collaboration, but subscription and escrow fees already incurred remain due.
Influencer Scheduling & Availability
Influencer visits and content creation will be scheduled based on each influencer’s availability. Mustard will coordinate scheduling, but we do not guarantee a specific posting schedule (e.g. one influencer visit per week). The timing of influencer visits in a given month may vary. Brands should plan campaigns with some flexibility, understanding that actual scheduling depends on influencer availability and other factors outside Mustard’s direct control.
Compliance with Advertising Guidelines
Mustard and all users of the platform (including Brands and influencers) must adhere to applicable advertising laws and guidelines, including the U.S. Federal Trade Commission (FTC) rules on endorsements and testimonials. To ensure transparency and compliance with these regulations, the following rules apply to all Collaborations:Truthful Representation: Influencers must honestly represent their opinions and experiences. Any review or endorsement should reflect the influencer’s actual experience with the Brand’s products or services, without fabrication or exaggeration. Brands should not pressure influencers to make false claims.
• No Fake Testimonials: Brands and influencers are prohibited from posting fake or misleading testimonials. Do not misrepresent anyone’s identity or experience. For example, you may not create a fake “customer review” or ask an influencer to pose as an unrelated customer. All content should be genuine and from real experiences.
• Disclosure of Relationships: Influencers and Brands must ensure that any material connection between them is clearly disclosed in the content. For instance, if an influencer’s post is part of a paid or incentivized Collaboration, it must include a clear disclosure (such as the hashtag #Sponsored or a label like “Sponsored by [Brand]”) so that viewers understand it’s a promotional arrangement. This transparency is legally required to avoid deceiving consumers.
• No Review Suppression: Brands may not attempt to suppress or hide honest feedback from influencers or consumers. You cannot contractually prevent an influencer from mentioning negative aspects of their experience (though obviously an influencer will usually highlight positive aspects in promotional content). Similarly, Mustard will not remove or hide legitimate content (positive or negative) at a Brand’s request, except where it violates platform rules or this Agreement.
• No Artificial Follower Inflation: Buying or using fake followers, likes, or engagement to boost the apparent reach or influence of a post is strictly forbidden. Influencers on the Mustard platform are expected to have organic followings, and Brands should not engage in any practices that artificially inflate metrics. Such activities can mislead consumers and are against FTC guidelines.
All participants agree to follow the above rules. Any violation of these compliance requirements may result in suspension or termination of your account and possibly legal consequences. Mustard reserves the right to remove any content or end any Collaboration that, in our judgment, fails to meet these standards.
Disclaimers of Warranties
Mustard provides the platform and services “as is” and “as available,” without any warranties of any kind. To the fullest extent permitted by law, Mustard disclaims all express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the platform will be uninterrupted or error-free, or that it will meet your specific business goals. For example, Mustard makes no guarantee that engaging influencers through the platform will result in any specific amount of sales or customers for the Brand. You acknowledge that use of the platform is at your own risk.
Additionally, Mustard is not responsible for the content that influencers create. While we require compliance with the guidelines above and facilitate the collaboration, the influencers are independent parties (see Independent Contractor clause) and control the substance of their posts. Mustard disclaims liability for any statements or claims made by influencers in their content, and we do not warrant the accuracy or reliability of any influencer-generated content or third-party materials.
Limitation of Liability
To the maximum extent allowed by law, Mustard will not be liable to the Brand for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this Agreement or the use of the Mustard platform. This includes, but is not limited to, any loss of profits, loss of goodwill, loss of data, or business interruption, even if advised of the possibility of such damages. Mustard’s role is to facilitate introductions and campaigns; therefore, Mustard cannot be held responsible for the outcomes or success of any marketing campaign.
In addition, Mustard’s total cumulative liability for any and all claims arising from or related to this Agreement (whether in contract, tort, or otherwise) shall not exceed the total amount of subscription fees actually paid by the Brand to Mustard in the six (6) months immediately preceding the event giving rise to the claim. In other words, the maximum financial exposure Mustard will bear is capped at six months’ worth of your subscription fees. If applicable law prohibits exclusion of certain damages or limiting liability as stated above, then Mustard’s liability will be limited to the fullest extent permitted by law.The limitations in this section reflect a fair allocation of risk between the parties, and this provision will survive and apply even if any limited remedy is found to have failed its essential purpose.
Indemnification
You agree to indemnify, defend, and hold harmless Mustard and its affiliates, officers, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (a) your use of the Mustard platform and services, including the content you or your Brand provide or the specifics of your Collaborations; (b) your breach of this Agreement or violation of any representation or obligation herein; (c) your violation of any laws or regulations (for example, any advertising or privacy laws) in connection with your marketing activities or use of Mustard; or (d) any claim related to the acts or content of an influencer you engage through Mustard, to the extent that such claim arises from your instructions, materials, or negligence.
Mustard reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. This indemnity obligation will survive the termination or expiration of this Agreement.
Amendment and Changes
Mustard reserves the right to modify or update these Terms at any time, at its sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Mustard website, with the date of last revision clearly noted. Your continued use of the Mustard platform after any such modifications constitutes your acceptance of the updated Terms. If you do not agree to any changes, you must discontinue use of the platform.
Termination
Either party may elect not to renew the subscription at the end of the then-current term as described under Subscription Term & Renewal above. Additionally, Mustard may suspend or terminate your access to the platform if you are in material breach of these Terms (for example, failure to pay fees or violation of compliance rules), and such breach is not cured within any notice period provided.Upon any termination or expiration of this Agreement, the Brand will lose access to the platform services. However, the Brand remains obligated to pay for all services and fees incurred up to the date of termination, including any early termination fees if the Agreement was ended before the end of a term. Any provisions of this Agreement which by their nature should survive termination (such as confidentiality, indemnification, limitation of liability, and post-termination payment obligations) shall survive.
Independent Contractor Relationship
Mustard’s role under this Agreement is that of an independent contractor to the Brand. Nothing in this Agreement shall be construed as creating a partnership, joint venture, franchise, or agency relationship between the Brand and Mustard, or between the Brand and any influencer. The Brand and Mustard are independent parties; neither has the authority to bind the other to any third party, and neither will be considered an agent or employee of the other. Influencers engaged through the platform are independent third parties as well – they are not employees or agents of Mustard or the Brand. The Brand is solely responsible for its own business operations and decisions, and Mustard provides the platform service as an independent provider.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. You agree that any disputes arising under or in connection with this Agreement will be subject to the exclusive jurisdiction of the state or federal courts located in California, unless applicable law requires otherwise. Notwithstanding the foregoing, Mustard may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Entire Agreement
This Terms of Use document (including any referenced documents, such as the Privacy Policy) constitutes the entire agreement between you and Mustard regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to the same. No other representations or promises are binding unless expressly included in this Agreement. In entering into this Agreement, neither party has relied on any statement, representation, or warranty that is not explicitly set out here. Any purchase orders or other documents submitted by the Brand are for administrative convenience only and do not modify the terms of this Agreement.
Miscellaneous
• Severability: If any provision of this Agreement is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be interpreted or reformed to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
• No Waiver: No waiver by Mustard of any term or breach of this Agreement shall be effective unless in writing, and no failure or delay by Mustard in exercising any right or remedy shall operate as a waiver of that or any other right or remedy. In other words, if we do not enforce a provision at any given time, it does not mean we waive our right to enforce it later.
• Assignment: The Brand may not assign or transfer any rights or obligations under this Agreement to any other party without Mustard’s prior written consent. Mustard may assign this Agreement freely as part of a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or by operation of law. This Agreement will be binding upon and inure to the benefit of the parties and their permitted successors or assigns.
• Notices: Except as otherwise specified in this Agreement, all notices under this Agreement should be sent by email to sales@mustard.love (for notices to Mustard) or to the email address associated with your Brand account (for notices to you). It is your responsibility to keep your contact information up to date. Notices will be deemed given when sent, except that notice of termination or indemnifiable claims will additionally require confirmation of receipt.
• Headings: Section titles and headings in this Agreement are for convenience only and have no legal effect in interpreting the provisions of this Agreement.
By accepting these terms, you confirm that you have reviewed and understood this Agreement fully. If you have any questions or need further clarification regarding these Terms of Use, please contact us at support@mustard.love before agreeing. Continuing to use the Mustard Influencer Platform signifies your assent to all the above terms and conditions.
