These terms govern use of the MustardSMS platform by event organizers. You are the Operator and the Data Controller for your participants, the AI is an Assistant that cannot bind you or them, this is not a 911 service, and you must hold Prior Express Written Consent for every number you message.
These Terms and Conditions of Service (the “Terms”) constitute a legally binding agreement between you (“User,” “Operator,” “you,” or “your”) and Hexoglyph Holdings, LLC, a limited liability company (“Hexoglyph,” “Company,” “we,” “us,” or “our”), governing your access to and use of the MustardSMS platform, including its websites, administrative dashboards, APIs, and all related services (the “Service”).
MustardSMS is a proprietary brand name and product identifier of Hexoglyph Holdings, LLC. The name “Mustard” is a brand identifier only and does not refer to food products, consumables, or dietary services.
BY ACCESSING, REGISTERING FOR, OR USING THE SERVICE, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICE.
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Definitions and interpretation
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
“Service” means the MustardSMS platform, including its SMS/MMS automation, scheduling workflows, RSVP handling, administrative dashboards, and all associated software and logic.
“End Recipient” means any individual who receives or interacts with communications facilitated by the Service.
“User Data” means all information, data, and content (including Message Content) uploaded, transmitted, or stored by the User through the Service.
“Message Content” means the body of SMS/MMS messages, media (MMS), responses, delivery receipts, and related metadata.
“Automated Processing” means AI-assisted interpretation of User Data via an AI API or other proprietary logic.
“Applicable Law” means all federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and applicable mobile carrier rules (CTIA/10DLC).
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The service and AI model
2.1 General use
The Service is a productivity tool for coordinating event logistics and transactional communications.
2.2 Assistant-Operator model
Advisory nature: The AI acts strictly as an “Assistant.” It lacks the authority to bind the User or End Recipients to legal or financial commitments.
Human-in-the-loop: All significant actions (e.g., persistence of RSVP data, triggering of automated replies) require the User's explicit approval as the “Operator.”
Hallucination risk: AI logic is probabilistic and may produce incorrect interpretations (“hallucinations”). You are solely responsible for verifying the accuracy of all AI-suggested actions before approval.
2.3 No emergency services (911)
The Service is not a replacement for traditional telephone service. You acknowledge and agree that the Service cannot be used to contact 911 or any other emergency service providers. The Service must not be used for emergency notifications, life-safety communications, or time-critical alerts where delivery failure could result in harm.
2.4 Beta features
Hexoglyph may designate certain features as “Beta” or “Experimental.” These features are provided “AS IS.” Hexoglyph disclaims all liability for damages arising from the use of Beta features.
2.5 Organizer-on-behalf-of attribution
All messages transmitted through the Service are sent on behalf of the User/Operator, who is the Data Controller for End Recipient information. Hexoglyph Holdings, LLC provides the underlying platform and messaging infrastructure but does not initiate communications independently.
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Eligibility, accounts and B2B representation
3.1 Eligibility: You must be at least 18 years of age.
3.2 B2B representation: If using the Service on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
3.3 Account security: You are responsible for all activities under your account. You must notify Hexoglyph immediately of any unauthorized access.
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SMS compliance and acceptable use policy
4.1 Prior Express Written Consent: You warrant that you have obtained “Prior Express Written Consent” from every End Recipient. You must maintain these records for at least four (4) years. Hexoglyph reserves the right to audit your consent records at any time. You must provide proof of consent within forty-eight (48) hours of a written request.
4.2 Prohibited content (SHAFT): You are strictly prohibited from transmitting content related to SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco), racism, bigotry, harassment, or illegal substances (including CBD or Marijuana) regardless of local legality.
4.3 Restricted verticals: The Service may not be used for Healthcare (HIPAA), Finance (Debt collection/Credit), Politics (Campaigning/Lobbying), or high-stakes Legal communications.
4.4 Opt-out and Help compliance: You must honor all “STOP” requests immediately. You shall not attempt to bypass automated opt-out handling systems. End Recipients may reply HELP at any time to receive customer support contact information.
4.5 Message frequency: Message frequency varies based on the nature of the event, recipient interaction, and Organizer configuration. MustardSMS does not send recurring promotional messages unless the End Recipient has provided separate Prior Express Written Consent.
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Intellectual property and user content
5.1 User license to Company: You retain ownership of your User Data. You grant Hexoglyph a worldwide, non-exclusive, royalty-free license to host, store, process, and transmit your data solely for the purpose of providing and improving the Service.
5.2 Feedback: Any suggestions or feedback provided to Hexoglyph becomes the exclusive property of Hexoglyph.
5.3 Proprietary rights: The Service, its code, design, and AI logic are the exclusive intellectual property of Hexoglyph Holdings, LLC.
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Confidentiality
6.1 Definition
“Confidential Information” means non-public information marked as confidential or that should reasonably be understood to be confidential.
6.2 Obligations
Each party agrees to protect the other's Confidential Information with at least a reasonable degree of care and shall not disclose it to third parties except as required to provide the Service or by law.
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Fees, payment and taxes
All fees are non-refundable. Hexoglyph may change pricing with thirty (30) days’ notice. Non-payment or chargebacks will result in immediate account termination.
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Third-party services and carrier disclaimer
8.1 Reliance on third parties
The Service relies on vendors (e.g., cloud infrastructure providers) and telecommunications carriers. You acknowledge that your use is subject to these third-party terms.
8.2 Delivery disclaimer
Hexoglyph is not liable for delayed or undelivered messages caused by carrier network congestion or carrier-level filtering. Carriers are not liable to you for any Service failures.
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Indemnification
9.1 User indemnity: You agree to indemnify, defend, and hold harmless Hexoglyph and its Affiliates from any claims, damages, or fines (including TCPA class actions and carrier-imposed pass-through fines) arising from: (i) your failure to obtain recipient consent; (ii) your Message Content; or (iii) your violation of these Terms.
9.2 Company indemnity: Hexoglyph will defend the User against any third-party claim that the Service infringes upon a valid U.S. patent or copyright, provided the User has used the Service in accordance with these Terms.
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Limitation of liability
10.1 Disclaimer of damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEXOGLYPH SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR EVENT COORDINATION FAILURES.
10.2 Liability cap
TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR (B) $100 USD.
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Privacy, data protection and roles
11.1 Role clarity: Hexoglyph / MustardSMS acts as a “Service Provider” or “Processor” regarding Message Content. The User/Operator acts as the “Data Controller.”
11.2 Incident response: In the event of a confirmed security breach, Hexoglyph will notify affected Operators without unreasonable delay, in accordance with applicable state laws.
11.3 User-generated content (UGC): Hexoglyph does not pre-screen Message Content. You represent that you have the right to distribute all content submitted to the Service.
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Termination and platform integrity
12.1 Termination for convenience: You may cancel at any time. Hexoglyph may terminate your access with thirty (30) days’ notice.
12.2 Immediate suspension: Hexoglyph may suspend or terminate your account immediately if: (i) you breach these Terms; (ii) your messaging traffic triggers carrier-level spam filters; or (iii) Hexoglyph determines your use risks the platform's carrier standing.
12.3 Account deactivation vs. deletion: Deactivating an account does not result in the immediate deletion of data. Hexoglyph retains data according to the schedule in the Privacy Policy to satisfy legal and carrier obligations.
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Dispute resolution and class action waiver
13.1 Binding arbitration: Any dispute shall be resolved via binding arbitration in the State of Utah under AAA rules.
13.2 Class action waiver: YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT.
13.3 Waiver of jury trial: BOTH PARTIES HEREBY UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL.
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General provisions
Governing law: Laws of the State of Utah.
Force majeure: Neither party is liable for delays caused by circumstances beyond its reasonable control.
Export compliance: You represent that you are not on any U.S. government prohibited party list.
Severability: If any part of these Terms is held invalid, the remainder remains in full force.
California consumer notice: California users may contact the Complaint Assistance Unit of the Division of Consumer Services at (800) 952-5210.
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Contact information
All legal notices must be submitted through the official MustardSMS support portal.
Hexoglyph Holdings, LLC — visit our Contact page
