1. Introduction and Acceptance of Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and TheBlueMustard (“we,” “us,” “our,” or “the Platform”), accessible at thebluemustard.com, its subdomains (including creator storefronts at <slug>.thebluemustard.com and the assessments portal at tests.thebluemustard.com). TheBlueMustard is a combined digital product marketplace, online assessment platform, and subscription billing service that enables creators to set up branded online storefronts, sell digital products, author and administer assessments to their own candidates and team members, and monetise their work through one-time purchases and recurring subscriptions.
By accessing, browsing, or using the Platform — whether as a visitor, registered user, creator, store team member, buyer, guest purchaser, candidate taking an assessment, or subscriber — you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Platform. Your continued use of the Platform following the posting of any changes to these Terms shall constitute your acceptance of such changes.
2. Description of Services
TheBlueMustard is a no-code creator platform that empowers creators to reach customers and candidates without friction. Our services include:
- Custom Storefronts: creators can set up branded online stores with unique subdomains (for example: yourname.thebluemustard.com), customised logos, banners, favicons, brand colours, brand themes, and support contact details.
- Digital Product Sales: creators can list and sell digital products including, but not limited to, templates, fonts, graphics, source code, eBooks, presets, and other downloadable digital assets.
- Online Assessment Platform: creators can build tests with sections, multiple question types (single choice, multiple choice, true/false, short answer), server-anchored timers (whole test or section-wise), randomization, passing scores, attempt limits, share tokens, and human-friendly test codes for a common assessment portal.
- Question Bank: a per-store reusable question bank with duplicate detection, near-duplicate similarity search, cross-language translations, immutable version history, and bulk import/export via spreadsheet.
- Candidate Management: permanent per-store candidate profiles, groups, tags, and bulk-import spreadsheets. Candidates can be invited to a test by email or admitted directly from a store team roster.
- Invitations & Live Sessions: assessment invitations with per-candidate settings (attempts allowed, availability window, expiry, optional password), supervisor-launched live sessions with a waiting room, and real-time monitoring of candidates while attempts are in progress.
- Proctoring Signals: when a creator enables them, the candidate runtime reports client-side integrity events (tab switch, window blur, fullscreen exit, copy, paste, right-click, developer-tools open) so assessors can warn, message, or force-submit a candidate; policies (including automatic force-submit) are configurable per test.
- Real-Time Assessor Chat: in-session messaging between assessors and candidates (all-candidates and individual scope, INFO / WARNING / CRITICAL priority), delivered over an authenticated Socket.IO gateway.
- Results & Reports: automatic evaluation for objective questions, a manual-review lane for subjective ones, aggregate analytics for the creator, and two email formats for candidates — the “candidate exam report” (candidates’ own answers only, no correctness) and the “candidate result email” (full scored breakdown, sent when the creator explicitly shares it).
- Secure Payment Processing: all monetary transactions are processed securely via Razorpay, a Reserve Bank of India (RBI) authorised payment gateway.
- License Key Management: each one-time purchase generates a unique license key that governs the buyer’s usage rights, with configurable download limits.
- Subscriptions, Plans & Credits: creators can publish subscription plans and prices (monthly / weekly / daily / yearly) for stores, products, tests, or bundles, and buyers can subscribe, upgrade, downgrade, or cancel. Metered features are backed by prepaid credit balances (assessment, AI, invite, email) with an append-only ledger.
- Invoicing & Tax: GST-compliant invoices are generated automatically with sequential numbering, tax lines (CGST/SGST/IGST), and support for credit notes and refunds.
- Coupons & Referrals: platform-wide and store-specific coupons (percentage or fixed, once / repeating / forever) with optional referral flags and redemption limits.
- Instant Downloads: buyers receive immediate access to download their purchased digital products upon successful payment, via short-lived pre-signed URLs. Registered buyers manage their downloads from their Library; guest buyers receive a time-boxed download link by email.
- Explore & Discover: a marketplace where visitors can browse, search, and discover digital products, creators, stores, and subscription plans across categories.
- Guest Checkout & Guest Portal: buyers may purchase products without creating an account. Guests can later verify their email through a 6-digit one-time password (OTP) to view all purchases tied to that email address and re-issue download links.
- Wishlist, Reviews & Follows: registered users may save products to a personal wishlist, write reviews (with a verified-buyer badge and helpful votes), and follow stores or creators.
- Content Reports: anyone (signed in or anonymous) can report a product, store, or creator that appears to violate these Terms.
- Store Team & Roles: a store owner can invite team members by email, assign one or more roles (owner, admin, manager, team member, customer, or custom roles), and collect store-specific profile fields at registration. The store can be operated under an invite-only, public, or approval-based membership policy.
- Support-a-Creator (Voluntary Tips): creators can opt in to a support-creator tip surface that is shown on their free product pages. From the store settings the creator configures one or both of the following payment options and buyers can pay using whichever the creator has enabled:
- UPI QR & UPI ID: the creator uploads their personal UPI QR code and provides their UPI VPA. Funds transferred through this surface flow directly between the payer’s UPI app and the creator’s UPI provider; the Platform does not process, collect, or hold those funds.
- Razorpay Checkout: the buyer picks any amount and pays through Razorpay, the Platform’s payment gateway. Those funds are collected by the Platform on the creator’s behalf and settled to the creator per their standard payout arrangement (see §8.1 and §8.6).
- Notifications & Communications: transactional emails delivered via Resend and/or Amazon SES, and in-app UI messages (banners, tips, announcements, notes) targeted by page context, audience, and time window.
Some features are gated by subscription tier, entitlement, credit balance, or administrative feature flags. The Platform may also enforce platform-owner “kill switches” to pause a specific capability, store, product, or account when necessary to protect the Platform or its users.
3. User Eligibility
To use the Platform, you must satisfy the following eligibility criteria:
- You must be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is higher.
- If you are between 13 and 18 years of age, you may use the Platform only with the verifiable consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
- If you are a candidate taking an assessment (for example a student sitting a school or campus exam), the Platform may be used on your behalf by an authorised institution or creator that has obtained the required parental / guardian consent under applicable law.
- You must be competent to enter into a legally binding contract under the Indian Contract Act, 1872.
- You must not have been previously suspended or removed from the Platform for any violation of these Terms.
- If you are registering on behalf of a business entity, you represent and warrant that you have the authority to bind such entity to these Terms.
4. Account Registration and Security
4.1 Account Creation
Certain features of the Platform require you to create an account through our authentication provider, Clerk. During registration, you are required to provide accurate, current, and complete information including your name, email address, and username. Clerk supports email/password, one-tap, and social sign-in methods; you may enable two-factor authentication on your account through your account settings.
4.2 Account Responsibilities
You are solely responsible for:
- Maintaining the confidentiality and security of your account credentials.
- All activities that occur under your account, whether or not authorised by you.
- Ensuring that all information associated with your account remains accurate, current, and complete.
- Notifying us immediately at support@thebluemustard.com or hi@imanveer.com upon becoming aware of any unauthorised access to or use of your account, or any unauthorised assessment submitted under your identity.
4.3 Account Suspension and Termination
We reserve the right to suspend, restrict, soft-delete, or permanently terminate any account, without prior notice, if we reasonably believe that:
- The account is being used in violation of these Terms.
- The information provided during registration is false, misleading, or incomplete.
- The account poses a security risk to the Platform, its users, or its candidates.
- We are required to do so by law or regulatory directive.
Platform-owner administrators may also engage a documented impersonation session on your account for legitimate support or security investigation; those sessions are logged in the immutable audit trail and are subject to internal policy safeguards (see the Privacy Policy §2.12).
5. User Responsibilities and Prohibited Activities
5.1 General Obligations
All users of the Platform agree to use the Platform in compliance with all applicable Indian laws and regulations, including the Information Technology Act, 2000 and the rules framed thereunder, the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, the Indian Contract Act, 1872, the Copyright Act, 1957, the Trade Marks Act, 1999, and applicable tax laws (including the Central Goods and Services Tax Act, 2017).
5.2 Prohibited Activities
You expressly agree not to:
- Use the Platform for any unlawful, fraudulent, or malicious purpose.
- Upload, sell, distribute, or make available any content that is obscene, defamatory, hateful, discriminatory, harmful, or that violates any applicable law.
- Upload or distribute any material that contains viruses, trojans, malware, ransomware, or any other harmful or destructive code.
- Infringe upon or misappropriate the intellectual property rights, privacy rights, or any other rights of any third party.
- Attempt to circumvent, disable, or interfere with the Platform’s payment systems, download protections, license mechanisms, subscription entitlements, server-anchored assessment timers, proctoring signals, rate limits, kill switches, or any other security feature.
- Scrape, crawl, or use automated means to extract data from the Platform without our express written consent.
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity, including impersonating a candidate for an assessment.
- Interfere with, disrupt, or place an undue burden on the Platform’s servers, networks, realtime gateway, or infrastructure.
- Share, resell, sublicense, or redistribute purchased digital products, subscription entitlements, license keys, credit balances, or coupon codes in violation of the applicable license or plan terms.
- Use the Platform to send unsolicited communications, spam, or promotional material to other users, candidates, or team members.
- Engage in price manipulation, artificial inflation of sales metrics, review-bombing, self-follows, self-favouriting, or any form of fraudulent transactions.
- Use the Platform’s referral or coupon mechanics in bad faith (for example: self-referral, coupon stacking that is disallowed by the campaign, or exploiting promotional credits).
- Post fake or misleading reviews, or vote on your own or a competitor’s reviews to distort helpful-vote counters.
6. Creator Terms
6.1 Store Creation and Management
Creators may create one or more digital storefronts on the Platform (subject to their subscription plan and platform-owner limits). Each store is assigned a unique slug and may be accessed via a custom subdomain. Creators are solely responsible for all content published within their stores, including product listings, assessment content, branding assets, and pricing. Each store selects a membership onboarding policy (invite-only, public, or approval-based) that governs how team members and customers join it.
6.2 Product Listings
When listing digital products for sale on the Platform, you represent and warrant that:
- You are the legal owner of, or have obtained all necessary rights and licenses to sell, the digital products you list.
- Your products do not infringe upon any third-party intellectual property rights, including copyrights, trademarks, patents, or trade secrets.
- All product descriptions, images, sample images (including tags and alt text), and associated information are accurate, truthful, and not misleading.
- Your digital products do not contain any malware, viruses, spyware, or harmful code of any kind.
- Your products comply with all applicable laws and regulations, including the Information Technology Act, 2000.
- Any file you upload complies with the Platform’s upload restrictions (allowed MIME types, per-file size limits, per-product aggregate size limits, and per-product file counts) surfaced through the upload configuration endpoint.
6.3 Assessment Authoring & Delivery
If you use the Platform to author or deliver assessments (tests, question banks, invitations, live sessions), you additionally represent and warrant that:
- You have the legal right to administer the assessment to each candidate you invite or admit, including any parental / guardian consent required for candidates who are minors.
- You will not use the Platform to collect candidate data unlawfully, or to administer assessments in a discriminatory or otherwise unlawful manner.
- You will inform your candidates of the proctoring signals you have enabled and of any consequences (warnings, force-submit, ban) that the runtime may automatically apply.
- You accept that once a candidate starts (or resumes) an attempt against a test, the timer and section-duration configuration for that test is locked; to change those fields you must duplicate the test.
- You will exercise assessor privileges (warnings, force-submit, ban with reason, messaging, result sharing) in good faith and only for legitimate integrity or support purposes. All assessor actions are audited.
- Question-bank content, question versions, and result records are retained for reproducibility; edits create new immutable versions rather than rewriting history.
6.4 Store Team & Store Roles
When you invite a team member to your store, you are extending them a role-bound principal-scoped access to your store data (candidates, questions, tests, invitations, orders, and any other resources their role grants). You are responsible for keeping role assignments up to date, revoking access for members who leave, and honouring data-subject requests routed to your store. Store team seats may count against your subscription’s team-member limit.
6.5 Content Moderation
We reserve the right to review, reject, remove, or disable access to any product listing, store, test, question, review, follow, or other content that, in our sole discretion, violates these Terms or is otherwise objectionable, including through platform-owner tools (kill switches, feature-flag overrides, moderation of reported content). Repeated violations may result in permanent suspension of your creator account and forfeiture of any store balances or unearned revenue attributable to the violating activity.
7. Buyer, Candidate & Team-Member Terms
7.1 Purchases and Licenses
When you purchase a digital product on the Platform, you receive a limited, non-exclusive licence to use that product in accordance with the licence terms specified by the creator. A purchase does not transfer ownership, copyright, or any other intellectual property rights of the digital product to you.
7.2 License Keys
Each successful one-time purchase generates a unique licence key that serves as proof of your purchase and governs your usage rights. Licence keys may have one of the following statuses: Active, Revoked, or Expired. Each key carries a configurable download counter (default 5 downloads) and a last-download timestamp; you must comply with the licence terms associated with each purchase at all times.
7.3 Downloads
Upon successful payment, you will receive access to download the purchased digital product. Registered buyers can access their downloads through their Library. Guest buyers receive download access via a secure, time-boxed email link (default 30 days from the date of purchase) and may re-authenticate later through the guest OTP flow to re-issue a link. We reserve the right to impose reasonable limits on the number of downloads per licence to prevent abuse. Every download is logged with the timestamp, IP address, user-agent, and (for guests) the associated email.
7.4 Guest Purchases & Guest OTP Access
The Platform allows purchases without requiring account registration. Guest buyers must provide a valid email address (and, optionally, a phone number) to receive order confirmation and download access. Guests may later verify their email through the Platform’s guest OTP flow to list all purchases tied to that email address and reissue download links. Guest purchases are subject to the same terms, including the refund and cancellation policy, as registered user purchases.
7.5 Candidate Terms
If you register for or take an assessment on the Platform, you agree that:
- You will take the assessment yourself and not permit another person to sit or complete it on your behalf.
- You will not attempt to circumvent, tamper with, or spoof the Platform’s timers, section states, proctoring signals, or answer submission channels.
- You accept that server-anchored deadlines — not your local clock — are the only trusted source of test and section expiry, and that the runtime may auto-submit a section or the entire attempt when its deadline is reached.
- You accept that violation events reported by your browser (tab switch, window blur, fullscreen exit, copy, paste, right-click, developer tools) are logged, counted, and may result in a warning, an assessor message, a force-submit, or a ban depending on the creator’s configuration.
- You accept that the assessor may end the live session, ban you with a reason, or send you messages during the attempt, and that all such actions are recorded and visible to the creator.
- Where you gave the creator or store your consent to receive result emails, you may receive a “candidate exam report” email with your own submitted answers (no correctness) after every attempt, and a “candidate result email” containing scored feedback when the creator explicitly shares it.
7.6 Store Team Members
If you accept an invitation to join a store as a team member, you agree that your access to store data is limited to the roles you have been granted, that store-specific profile fields you provide at registration (for example an employee ID or roll number) remain scoped to that store, and that you will only use the store’s tools for purposes authorised by the store owner. Store owners may revoke your access at any time.
8. Payment Terms
8.1 Payment Processing
All payments on the Platform are processed securely through Razorpay, a payment gateway authorised by the Reserve Bank of India (RBI). By initiating a payment, you agree to abide by Razorpay’s terms of service and privacy policy. TheBlueMustard does not directly collect, store, or process any sensitive payment information such as full credit-card numbers, debit-card numbers, CVV codes, or banking PINs on its servers.
8.2 Supported Payment Methods
The Platform supports the following payment methods through Razorpay (subject to Razorpay availability):
- Credit Cards (Visa, MasterCard, American Express, RuPay)
- Debit Cards
- UPI (Unified Payments Interface)
- Net Banking
- Digital Wallets
- EMI / BNPL (where Razorpay makes them available for the transaction)
8.3 Currency
All prices on the Platform are listed and charged in Indian Rupees (INR). Creators are required to set their product and plan prices in INR. Free products and free plans (priced at ₹0) are permitted, subject to the Platform’s minimum and maximum price limits for paid items.
8.4 Order Confirmation
Upon successful payment, you will receive an order confirmation via email containing your order details, licence key (if applicable), and download-access instructions. A payment is deemed complete only after Razorpay confirms capture of the payment to our system; an order is deemed fulfilled only once our servers claim fulfilment exactly once (idempotently), whether via the front-end verify path or the webhook path.
8.5 Failed Transactions
In the event of a payment failure, no order will be created and you will not be charged. If an amount is debited from your account but the transaction fails on our end, the refund will be processed automatically by your bank or payment provider within 5–7 business days. If the refund is not received within this period, you may contact us at support@thebluemustard.com or hi@imanveer.com.
8.6 Subscriptions & Recurring Billing
Subscription plans on the Platform are billed on the interval published for the selected price (daily, weekly, monthly, or yearly). By subscribing, you authorise Razorpay and the Platform to charge your selected payment method for each renewal. Subscription state (trialing, active, paused, grace, past due, canceled, expired) is reconciled with the payment provider through signed webhooks; a dunning grace window may keep your access alive briefly while a failed renewal is retried. You may cancel a subscription at any time; the cancellation takes effect at the end of the current billing period unless we specify otherwise. Metered features (assessment runs, candidate invites, AI evaluations, emails sent, storage) are enforced against your plan’s limits and any prepaid credit balance you hold.
8.7 Invoices & Tax
The Platform issues GST-compliant invoices with sequential numbering and CGST / SGST / IGST tax lines where applicable. To receive a B2B invoice with your GSTIN, you must provide it in your billing account settings. Credit notes are issued for refunds and adjustments and reference the original invoice.
8.8 Support-a-Creator (Voluntary Tips)
A creator may enable a Support-a-Creator tip surface on their free products. When enabled, the creator chooses to accept tips via one or both of the following options, and buyers may pay using whichever the creator has configured:
- UPI QR & UPI ID (off-Platform): the creator publishes their own UPI QR image and/or VPA. Any amount you choose to send is transferred directly through your UPI provider to the creator’s UPI account. The Platform does not process, collect, hold, or account for those funds and they are not considered a purchase on the Platform.
- Razorpay Checkout (on-Platform): you pick any amount and pay through Razorpay in the same secure checkout window used for regular purchases (§8.1). The tip is collected by the Platform on the creator’s behalf and settled to the creator per their standard payout arrangement (§8.6). No license, entitlement, or invoice is issued for a tip.
Regardless of the option used, tips are voluntary, non-refundable through the Platform, and do not entitle you to any additional product, service, or download. The creator alone controls whether the surface is shown and which payment options appear on it, and may turn either or both off at any time from their store settings.
9. Pricing and Billing
9.1 Product & Plan Pricing
Product and plan prices are set solely by the respective creators (or by the Platform for platform-scoped plans) and are displayed in Indian Rupees (INR) inclusive of all applicable taxes unless stated otherwise. Creators may offer products at a discounted price (compare-at price) or via coupon codes.
9.2 Price Changes
Creators (and, for platform-scoped plans, the Platform) may modify prices at any time. Price changes do not affect purchases that have already been completed. For active subscriptions, a price change on the underlying Price takes effect from the next billing cycle; existing subscribers may be offered the ability to opt out through the Platform’s upgrade/downgrade tooling.
9.3 Coupons, Credits & Referrals
Coupons may be redeemed within their validity window and against the plans, target types, or plan kinds they apply to, and are subject to per-code and per-account redemption limits. Prepaid credit balances (assessment, AI, invite, email) are consumed on a first-in-first-out basis and may expire on the date shown when they were issued; credit consumption is recorded in an append-only ledger. Referral coupons are disabled where they are used in bad faith (for example: self-referral or coupon farming).
9.4 Taxes
You are responsible for any applicable taxes, including Goods and Services Tax (GST), associated with your purchases. TheBlueMustard includes applicable tax information as required by law on invoices issued by the Platform. Where a creator is separately registered under GST and collects tax on the underlying product themselves, the creator is responsible for those tax filings.
10. Refund and Cancellation Policy
Due to the intangible and instantly deliverable nature of digital products, all one-time sales on TheBlueMustard are generally considered final once the digital product has been delivered (i.e. made available for download). Subscription payments are non-refundable once the billing cycle has begun, except as required by law or when we approve a refund at our discretion. We are, however, committed to customer satisfaction and fairness.
10.1 Eligible Refund Scenarios
Refunds may be approved, at our reasonable discretion, in the following circumstances:
- Duplicate Charges: you were charged more than once for the same product or subscription cycle due to a payment-processing error.
- Material Mismatch: the delivered product is substantially and materially different from the description, specifications, or samples provided on the product listing page.
- Unresolvable Download or Access Issues: persistent technical issues on our end prevent you from downloading, accessing, or using the purchased product or subscription, and our support team is unable to resolve the issue within a reasonable timeframe.
- Corrupted or Non-Functional Files: the delivered digital product files are corrupted, damaged, or non-functional, and the creator or our support team is unable to provide a working replacement.
- Assessment Access Failures: a candidate is unable to complete an assessment they paid for due to a Platform-side incident that we cannot mitigate by granting an additional attempt or extending an availability window.
10.2 Refund Request Procedure
To request a refund, you must:
- Submit a written refund request to support@thebluemustard.com or hi@imanveer.com within 7 (seven) days from the date of the transaction.
- Include the following information in your request: your registered email address or guest email, order ID or subscription ID, product / plan name, and a clear description of the reason for the refund along with any supporting evidence (for example: screenshots).
10.3 Refund Processing
Once a refund request is approved:
- The refund will be processed via the original payment method through Razorpay.
- Refunds will be credited to the buyer’s original payment source within 5–10 business days, depending on the bank or payment provider.
- Upon the issuance of a refund, the associated licence key will be revoked (for one-time purchases), the associated entitlement will be revoked and any prepaid credits granted by that transaction will be reversed (for subscriptions and credit packs), and access to the digital product or plan will be terminated. A credit note will be issued against the original invoice.
10.4 Non-Refundable Scenarios
Refunds will generally not be issued in the following cases:
- Change of mind or no longer needing the product, plan, or credit after purchase.
- Failure to review the product description, plan features, or preview before purchasing.
- Incompatibility of the product with your software, hardware, or operating system, provided the system requirements (if any) were listed on the product page.
- The product has already been downloaded, or the subscription has been used to consume metered features.
- Requests submitted after the 7-day refund window has elapsed.
- Voluntary tips submitted through the Support-a-Creator page, whether via UPI or Razorpay (see §8.8).
10.5 Cancellation
Since digital products are delivered instantly upon successful payment, orders cannot be cancelled once the payment has been captured and the product has been made available for download. Subscriptions can be cancelled from your billing settings at any time; cancellation stops future renewals and your access remains active until the end of the current billing period unless we specify otherwise. If you wish to cancel a pending or incomplete transaction, please contact us immediately at support@thebluemustard.com or hi@imanveer.com.
11. Intellectual Property Rights
11.1 Platform Intellectual Property
The TheBlueMustard platform, including but not limited to its source code, design, user interface, logo, trademarks, branding elements, text, graphics, and overall look and feel, is the exclusive property of TheBlueMustard and is protected under applicable intellectual-property laws of India, including the Copyright Act, 1957 and the Trade Marks Act, 1999.
11.2 Creator Intellectual Property
Creators retain full ownership of the intellectual property rights in the digital products, assessment content, question banks, and store branding they create and upload on the Platform. By publishing on TheBlueMustard, creators grant us a limited, non-exclusive, royalty-free licence to store, host, display, promote, distribute, reproduce (including in email templates and social previews), and prepare derivative previews of that content for the purpose of operating the Platform and facilitating sales, subscriptions, and assessment delivery. This licence terminates on removal of the content, subject to any grants already made to buyers or candidates.
11.3 Buyer & Candidate Rights
Buyers receive only the specific usage rights granted under the licence associated with each purchase or subscription. Candidates receive only the right to take the assessment they are invited or admitted to; they do not acquire any rights in the question bank, the test structure, the correct answers, or the creator’s scoring methodology. No ownership, copyright, or other intellectual-property rights in the creator’s content are transferred to you unless explicitly stated in the licence or plan terms.
12. Limitation of Liability
To the fullest extent permitted by applicable law:
- TheBlueMustard, its owners, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your use of or inability to use the Platform, even if we have been advised of the possibility of such damages.
- Our total aggregate liability for all claims arising out of or relating to these Terms or your use of the Platform shall not exceed the total amount paid by you to TheBlueMustard in the twelve (12) months immediately preceding the event giving rise to the claim, or One Thousand Indian Rupees (₹1,000), whichever is higher.
- We are not liable for the quality, accuracy, legality, or safety of the digital products sold by creators, or of the assessments authored and administered by creators, on the Platform. Transactions and assessments between creators and their buyers, candidates, or team members are primarily between those parties.
- We are not responsible for any loss or damage arising from payment-processing failures, delays, or errors attributable to Razorpay or your bank or payment provider.
- We are not liable for any loss, damage, or dispute arising from voluntary tips submitted through the Support-a-Creator page. UPI tips flow directly between the payer and the creator through their UPI providers and are not handled by us; Razorpay tips flow through the same gateway as regular purchases and are settled to the creator per their standard payout arrangement (§8.6) and are non-refundable (§10.4).
13. Disclaimer of Warranties
The Platform and all content, services, products, features, assessments, and integrations available on or through the Platform are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory.
To the fullest extent permissible under applicable law, we expressly disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Any warranty that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
- Any warranty regarding the accuracy, reliability, completeness, or timeliness of any content, assessment result, analytics figure, or information available on the Platform.
- Any warranty regarding the quality, suitability, or functionality of digital products or assessments authored by creators.
14. Indemnification
You agree to defend, indemnify, and hold harmless TheBlueMustard, its owners, officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:
- Your access to or use of the Platform.
- Your violation of these Terms or any applicable law or regulation.
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights (including candidate privacy rights).
- Any content you upload, publish, or make available through the Platform.
- Any dispute between you and another user, buyer, candidate, or team member of the Platform.
15. Termination
15.1 Termination by Us
We may, at our sole discretion and without prior notice, suspend, restrict, soft-delete, or terminate your access to the Platform and your account if:
- You breach any provision of these Terms.
- We are required to do so by law, regulation, or court order.
- Your conduct poses a risk to the safety, security, or reputation of the Platform, its users, or its candidates.
- Your account has been inactive for an extended period, subject to applicable notice requirements.
15.2 Termination by You
You may terminate your account at any time from Settings → Delete account, or by contacting us at support@thebluemustard.com or hi@imanveer.com. Upon termination of your account:
- Your right to access and use the Platform will cease immediately.
- Any active store listings will be deactivated.
- Active subscriptions will be cancelled and will not renew; already-consumed metered features are not refunded.
- You will retain access to previously purchased products in accordance with their licence terms, subject to any download limitations, provided the corresponding entitlement remains active.
- Assessments and candidate data owned by a store you administer remain the responsibility of that store; if you were a solo-owner store you must satisfy any outstanding candidate data-subject requests before deletion is finalised.
15.3 Survival
The following provisions shall survive the termination or expiry of these Terms: Intellectual Property Rights, Limitation of Liability, Disclaimer of Warranties, Indemnification, Governing Law and Jurisdiction, tax and financial record retention under §10 of the Privacy Policy, the audit and billing-audit trails, and any other provisions that by their nature are intended to survive termination.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi, India.
17. Dispute Resolution
In the event of any dispute arising under these Terms, the parties shall first attempt to resolve the matter amicably through good-faith negotiation. If the dispute remains unresolved within thirty (30) days of the initial written notice, either party may pursue legal remedies before the courts specified in §16 above.
18. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any plan-specific or store-specific terms surfaced at checkout or on invitation, constitute the entire agreement between you and TheBlueMustard with respect to your use of the Platform and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to the subject matter hereof.
20. Amendments
We reserve the right to modify, update, or revise these Terms at any time by posting the revised version on the Platform and updating the “Last updated” date at the top of this page. Where changes are material, we will endeavour to notify users via email or a prominent notice on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms.
21. Contact Information
If you have any questions, concerns, or complaints regarding these Terms and Conditions, please contact us at:
- Business Name: TheBlueMustard
- Website: thebluemustard.com
- Email: support@thebluemustard.com, hi@imanveer.com
- Response Time: we endeavour to respond to all enquiries within 24–48 hours on business days.
For urgent matters related to payment disputes or unauthorised transactions, please contact Razorpay directly through their official support channels in addition to notifying us. For grievances related to your personal data, see the Grievance Officer details in our Privacy Policy §14.