Terms of use

These Terms of Use (the "Terms") form a binding agreement between you and Muchsy ("Muchsy", "we", "us") governing your access to and use of the Muchsy website and services (the "Platform"). By creating an account or otherwise using the Platform, you confirm that you have read, understood and accepted these Terms. If you do not accept them, do not use the Platform.

You must be at least 18 years old, or the age of majority where you live if that is higher, and you must have the legal capacity to enter into contracts. If you use the Platform on behalf of a company or other organisation, you confirm that you are authorised to bind that organisation, and "you" then means both you and that organisation.

You are responsible for ensuring that your use of the Platform is lawful where you are. The Platform is available worldwide, but we make no representation that it, or any collaboration arranged through it, complies with the laws of every jurisdiction.

Muchsy is a marketplace that helps businesses and content creators ("influencers" or "creators") find each other and record the terms of a collaboration (a "Collab"). A business publishes an offer, creators apply, the business selects one, and the Platform records what was agreed and tracks whether it was carried out.

The Platform also runs discounts for customers. A business may attach one discount (a "promo") to an offer it publishes, or run one promo on its own; the creator working on that offer, and anyone with a personal account who wants to, can share a link to it; a customer claims a single-use code into their account and the business accepts it at its own counter. This exists so that a business can see how many real customers each person who shared it produced. A discount can never be claimed without a share link from a person. Sections 7 and 8 set out how promos and rewards work.

Muchsy is not a party to any Collab. Every Collab is a direct agreement between the business and the creator. We do not negotiate on anyone's behalf, we do not supply the goods or services offered, we do not create or publish the content, and we do not guarantee that either party will perform. We are equally not a party to any promo, to the purchase in which a discount is used, or to any reward a business promises to someone who shares its promo.

Muchsy is not an employer, agent, talent agency, broker, advertising agency, escrow agent or payment processor for any user. No partnership, joint venture, employment or agency relationship is created between you and Muchsy by these Terms or by your use of the Platform.

Muchsy does not process, hold, transfer or guarantee any payment between users. Where a Collab involves money, or where a business promises a cash reward for sharing its promo, that money is agreed on the Platform and paid directly between the parties, by whatever method they choose and entirely at their own risk. We have no visibility of, and no responsibility for, whether such a payment is actually made — the Platform only records what each side says about it.

A Collab may ask the creator to deliver content files (sometimes called "UGC") to the business for the business's own use, rather than, or in addition to, publishing a post. Where it does, the usage scope the business stated on the offer (organic use on the business's own channels, or use in paid advertising) and the usage term it stated (90 days, six months, twelve months, or unlimited) are copied onto the Collab when the creator accepts it, and are shown to both parties. Those rights are granted by the creator directly to the business under that agreement. Muchsy is not a party to that grant, does not itself license the content, and does not enforce, police, monitor or arbitrate its scope or term; we record what the parties stated and nothing more.

The Platform is currently free to use, and we take no fee, commission or share of any discount, payment or reward arranged through it. We may add, change, suspend or remove features at any time. We will give reasonable notice of material changes where it is practical to do so.

You must provide accurate information when registering and keep it up to date. This includes any audience figures you publish on your profile. Audience figures on the Platform are self-declared and are not verified by us; knowingly publishing false figures is a breach of these Terms.

You are responsible for keeping your password confidential and for all activity that occurs under your account. Notify us promptly at the contact address below if you believe your account has been accessed without your authorisation.

One person or organisation may not operate multiple accounts in order to manipulate reputation metrics, evade a suspension, apply to the same offer more than once, claim the same promo more than once, or reach a sharing reward target.

You may close your account at any time from your account settings. See section 20 for what happens to your data, to any Collab that is still in progress, and to any code or reward you are holding.

A business publishing an offer is responsible for the accuracy and lawfulness of everything in it, including the description of what is being provided, its stated value, any cash amount and currency, the required deliverables, and the deadline.

An offer is an invitation to apply. It is not an offer capable of acceptance in the contractual sense, and publishing one does not oblige a business to accept any particular applicant. A business may decline any application without giving reasons, provided it does not discriminate on grounds prohibited by applicable law.

Creators are responsible for reading an offer in full before applying and for applying only where they genuinely intend and are able to perform.

Businesses must not use the Platform to solicit work, content or attendance that they do not intend to compensate as described in the offer.

When a business accepts an application, the Platform records a Collab. At that moment the deliverables, the posting deadline, the stated value of any goods or services, any cash amount and its currency are captured onto the Collab as a snapshot. That snapshot is what both parties are held to.

Editing the underlying offer after a Collab has been created does not change any existing Collab. This protects both sides: a business cannot quietly increase what it demands, and a creator cannot claim terms that were never agreed.

The parties may agree between themselves to vary a Collab, but any such variation is between them and is not recorded, verified or enforced by Muchsy.

The Collab record is evidence of what the Platform captured. It is not a substitute for a written contract where the value or complexity of an arrangement warrants one, and it does not constitute legal advice about the enforceability of the arrangement in your jurisdiction.

Where a Collab involves goods or services provided in person, the Platform issues the creator a voucher containing a code. The business redeems it by scanning or entering that code, which records that the exchange took place and starts the posting deadline.

A voucher is valid only for the Collab it was issued for, is personal to the creator it was issued to, and may not be sold, transferred or shared. A voucher has no cash value and is not redeemable for money.

Businesses must not record a redemption that did not occur, and creators must not attempt to redeem a voucher without receiving what was offered. Either behaviour is a serious breach of these Terms.

If a voucher expires without being redeemed, the business may record the Collab as a no-show. If a redeemed Collab passes its posting deadline plus a grace period without a submission, the Platform records it as expired automatically. Both outcomes affect the creator's public metrics as described in section 11.

A business may authorise a device — a till tablet, a member of staff's phone — to record redemptions on its behalf. That capability can do nothing but record a redemption, and it can be revoked at any time. A business remains fully responsible for every redemption recorded from a device it has authorised.

Promo codes and sharing reward codes are different instruments and are dealt with in sections 7 and 8.

A business may attach one discount (a "promo") to an offer it publishes, or run at most one promo on its own. There is no page on the Platform where a discount can simply be claimed: a code is only ever obtained through a person's share link. We publish a catalogue of promos that anyone with a personal account can offer to distribute; it is not a place to claim a discount.

The promo belongs to the business. It is responsible for its wording, its conditions, its lawfulness, and for honouring it at its own counter. Muchsy does not fund, underwrite, price or guarantee any discount, does not set its conditions, and is not a party to the purchase in which it is used.

Every promo shows its end date and, where the business has limited it to a number of people, that limit as well. Both are part of what is being offered and are displayed wherever the promo appears.

Anyone with a personal account may claim a promo through another person's share link. Creating an account to claim a discount does not list you anywhere on the Platform; a public creator profile is a separate, optional step. Claiming issues you a single-use code, held in your account and shown as a QR code. One person may hold one claim per promo. The code is personal to you, has no cash value, is not redeemable for money, and may not be sold, transferred, published or listed on a coupon site.

You may not claim through a share link you created yourself, and you may not use additional accounts to claim the same promo more than once. Both fabricate the only thing this feature measures — a real customer brought in by someone else.

A claim holds its place for a limited period set by the business and shown to you when you claim it. After that it expires, its place returns to the promo's limit, and the code can no longer be used. A claim is not a reservation: it does not oblige the business to hold stock, to remain open, or to serve you outside its normal terms.

Only the business, or a device it has authorised, can record that a code was used. Recording a use that did not happen, and attempting to use a code without receiving what the promo describes, are both serious breaches of these Terms.

A business may pause or end a promo at any time; ending it stops new claims. We may remove a promo that breaches these Terms. Removal also voids codes that have been claimed but not yet used — a promo we have taken down must stop being presentable at a counter — and those codes do not come back if the promo is later restored. Rewards already earned are not cancelled by a removal (section 8).

See section 20 for what happens to codes and rewards when an account is closed.

Anyone with a personal account may share a promo: there is no application, no approval, no audience requirement, no obligation to post anything, no requirement to have visited the business first, and no requirement to have a public profile. A creator who shares a promo attached to their own Collab does so as part of that Collab and on its terms; this section does not change them.

The Platform composes the message you share and puts into it a statement that you receive a reward if the link is used. That statement is not optional: you may rewrite the rest of the message, but you may not edit or delete it. If you pass a link on in a way that does not carry the message — out loud, or on a service that strips it — disclosing that you receive a reward remains your responsibility. We do not see where you post and we cannot detect a missing disclosure. Section 10 applies to you in full.

A business may attach a reward to its promo: a stated thing, for a stated number of customers. Where it does, the reward and the number are fixed for you at the moment you take your share link. If the business changes them afterwards, the change applies to links taken after it, not to yours.

A reward is earned only once the stated number of people have claimed a code through your link and have then actually been served and had that code recorded at the business's counter. Link taps, codes claimed but never used, and any code you claim yourself count for nothing. This is deliberate: a reward should cost the business only once a real customer has walked in.

A reward is either something from the business's own counter or an amount of cash, as stated on the promo when you took your link. Where it is something from the counter, we issue you a code, it is handed over and recorded like any other, and it expires. Cash rewards do not expire: the customers were already brought, and time passing does not unbring them.

A cash reward is owed by the business directly to you. Muchsy never holds, transmits, escrows or guarantees that money. We are not a payment processor, not an escrow agent, and not a party to the payment. We cannot make a business pay you, and we do not undertake to.

Three things can happen to a cash reward, and only the first is something we can observe. You can present the reward code at the business and have it recorded, which registers the reward as handed over. Separately, the business can record that it has paid you by some other method; that record is the business's own statement, we do not verify it, and it deliberately does not close the reward — the reward stays live until it is recorded at the counter or you say otherwise. If you are told you were paid and you were not, you can flag the reward, which brings it to us. We will look at it and may act on the business's account, but we cannot recover money we never held, and we do not decide which of you is right.

Paying you requires being able to reach you, so a business that owes you a cash reward is shown your name and email address. Do not take up a cash reward if you would rather it did not have them.

A business setting a cash reward must state a minimum amount and must limit how many people can claim the discount, so that the most it can ever owe is a fixed figure it is shown before publishing. That is a bound on the business's exposure, not a guarantee to you: once the discount's limit is reached, no further codes can be claimed and no further rewards can be earned.

Muchsy takes no part of any reward and pays nobody for taking part.

You must not use additional accounts, claim through your own link, or arrange claims by people who will never visit, in order to reach a reward target. That is a fraud on the business and grounds for immediate termination and for cancellation of any reward.

If we remove a promo, rewards already earned on it are not cancelled. You earned them by bringing customers the business actually served, and the reason for the removal is not yours.

The creator is responsible for creating and publishing the agreed content on the agreed platform, in the agreed format, by the agreed deadline, and for submitting a link to the published content through the Platform.

The business is responsible for checking that the submitted content is genuinely published, matches what was agreed, and carries the required advertising disclosure, before marking the Collab complete.

Muchsy does not review, moderate, verify or endorse the content produced under any Collab. We do not check whether a submitted link is genuine, whether the content remains published afterwards, or whether it complies with the rules of the third-party platform it is posted on. Verification is a step performed by the business, not by us.

Creators must not delete, hide, or make private the content that completed a Collab for the period agreed with the business, and where no period was agreed, for a reasonable time.

Content produced under any Collab — barter, paid or hybrid — is advertising in most jurisdictions and must be disclosed as such. Disclosure obligations arise under laws and codes including, without limitation, the FTC Endorsement Guides (United States), the CAP Code enforced by the ASA (United Kingdom), the Ad Standards Code (Canada), and equivalent rules elsewhere.

The same applies to a promo link. Sharing a link that earns you a reward, or that you were paid or given something to share, is advertising, and that connection has to be disclosed wherever you share it. The message the Platform composes carries the disclosure for you; sharing the link without it, or in a way that buries it, breaches these Terms and may breach the law where you are.

Compliance is the joint responsibility of the person sharing or posting and the business. The creator confirms, when submitting proof of post, that the required disclosure was included. The business is expected to check the live content before completing the Collab. Muchsy does not automatically detect or verify disclosures, does not monitor where a share link is posted, and that confirmation is an attestation by the creator, not a determination by us.

You are responsible for complying with all other laws applicable to you, including advertising standards, consumer protection, food and health regulations, alcohol and gambling promotion restrictions, professional advertising rules, and any licensing requirements for what you offer or promote. A business is responsible for the lawfulness of any discount it offers, including in categories where discounting or promotion is restricted or licensed.

You are solely responsible for your own tax obligations, and for determining what they are. Goods, services, discounts, rewards or money received through a Collab or a sharing reward may be taxable where you live. Muchsy does not process payments, does not issue receipts, invoices, tax documents or valuations, provides no tax reporting of any kind, and gives no tax advice. Nothing on the Platform should be relied on for a tax filing. Tax rules differ by country and change over time; keeping up with the rules that apply to you, and keeping your own records, is your responsibility alone. Consult a qualified professional in your jurisdiction.

The Platform publishes reliability metrics derived from Collab outcomes, including a completion score calculated from completed Collabs relative to those recorded as no-show or expired. Metrics are shown only once a user has a minimum number of outcomes. By using the Platform you consent to the publication of these metrics on your public profile.

Collabs cancelled before redemption do not count against either party.

Promo and reward activity does not feed the completion score. A business is shown how many codes each promoter's link produced and how many of them were used at its counter, together with the promoter's name; it is not shown who claimed them.

Both parties may leave a review after a Collab completes. Reviews must be honest, must relate to the Collab in question, and must not contain unlawful, defamatory, discriminatory or personally identifying content about third parties.

You may not offer, request, accept or provide any incentive in exchange for a review, nor use additional accounts to influence metrics or reviews.

We may remove a review that breaches these Terms. We are not obliged to monitor reviews and, other than where the law requires it, we do not adjudicate factual disputes between users about what happened during a Collab.

You must not use the Platform to publish or request anything unlawful, fraudulent, misleading, defamatory, obscene, hateful, harassing, or infringing of anyone's rights.

You must not: arrange a Collab you do not intend to honour; misrepresent your identity, location, audience or business; claim a promo through your own share link or through additional accounts; resell, publish or list a promo or reward code; use the Platform to recruit for unrelated commercial schemes; scrape, crawl or bulk-collect data from the Platform; attempt to access accounts, data or systems you are not authorised to access; probe or test the Platform's security without our written permission; introduce malicious code; or place unreasonable load on our infrastructure.

You must not use the Platform to solicit or arrange anything sexual in nature, to promote controlled substances or weapons, or to arrange collaborations in breach of the terms of the social platform on which content will be published.

You must not use another user's contact details, obtained through the Platform, for unsolicited marketing.

You keep ownership of everything you upload to the Platform — your profile text, images, offer descriptions, messages and review text ("Your Content").

You grant Muchsy a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, resize, re-encode and display Your Content for the purpose of operating, securing and promoting the Platform, including displaying it on public profile and offer pages and in search-engine results. This licence ends when you delete the relevant content or your account, except where the content must be retained under section 20 or by law.

You confirm that you have the rights necessary to grant that licence and that Your Content does not infringe anyone else's rights.

Content produced under a Collab and published on a third-party platform is governed by whatever the parties agreed and by that platform's own terms. Muchsy takes no rights in it and does not determine usage rights between the parties — if a business needs to re-use a creator's content in its own advertising, that must be agreed directly between them.

The Muchsy name, logo, interface and underlying software remain our property. These Terms grant you no right to use our branding.

The Platform links to and relies on third-party services, including the social platforms where content is published and the infrastructure providers listed in our Privacy Policy. We do not control those services and are not responsible for their content, availability, terms or practices.

Any dealings you have with a third party through or in connection with the Platform are solely between you and that third party.

The Platform is provided on an "as is" and "as available" basis. We do not guarantee that it will be uninterrupted, timely, secure, error-free, or that any defect will be corrected.

We may suspend the Platform for maintenance, security or technical reasons, and we may change, restrict or discontinue any feature. Where a change materially reduces functionality you rely on, we will give reasonable notice where practical.

Some features may be offered on an experimental basis and may be changed or withdrawn without notice.

While the Platform is new, Muchsy may post its own listings and profiles to illustrate how the service works. These are published under accounts operated by Muchsy, whose messages we answer directly, and they are progressively retired as the community grows. Each one is marked "Example" wherever it appears in a list, and carries a clearly displayed notice on its own page saying that it is ours and that nobody is behind it; they do not represent a real business or a real person, the names and handles are invented, and any resemblance to an actual business, person, handle or trading name is unintended and coincidental. They are excluded from search-engine indexing, and they are always ranked below listings from real members.

To the maximum extent permitted by law, we disclaim all warranties, conditions and representations of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement.

Without limiting the above, we make no warranty that: any business or creator on the Platform is suitable, solvent, honest, appropriately licensed, or who they claim to be; that any goods or services offered will be provided or will be of any particular quality; that any content will be created, published, or remain published; that any agreed payment will be made; that any promo will be honoured at a counter; that any reward will be handed over, or that any cash reward will be paid; that audience figures are accurate; or that any Collab will be completed.

You are solely responsible for deciding whom to deal with and on what terms, and for taking your own precautions before meeting anyone in person or providing anything of value.

Some jurisdictions do not allow certain warranties to be excluded, so parts of this section may not apply to you. Nothing in these Terms excludes or limits any right you have that cannot lawfully be excluded or limited, including consumer rights.

To the maximum extent permitted by law, Muchsy and its owners, officers, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profit, revenue, business, goodwill, opportunity, data, or anticipated savings, however caused and under any theory of liability.

To the maximum extent permitted by law, we will not be liable for any loss or damage arising from: the conduct, act or omission of any other user; any Collab or its outcome; any promo, promo code or sharing reward, including a cash reward that is not paid; any failure to provide goods, services, content, a discount, a reward or payment; any meeting or interaction between users, online or in person; any inaccuracy in a user's profile, audience figures, offer or promo; any content published or removed by a user; or any tax, regulatory or advertising-standards consequence of a Collab or of a link you shared.

Where liability cannot lawfully be excluded, our total aggregate liability to you for all claims arising out of or relating to the Platform or these Terms is limited to the greater of the total amount you have paid us in the twelve months before the event giving rise to the claim, or fifty US dollars (USD 50).

These limits apply even if we have been advised of the possibility of the loss, and they survive termination of your account.

You agree to indemnify and hold harmless Muchsy and its owners, officers, employees and contractors from and against any claim, demand, liability, loss, cost or expense (including reasonable legal fees) arising out of or connected with: your use of the Platform; Your Content; any Collab you enter into; any promo you publish or reward you promise; any link you share; your breach of these Terms; your infringement of anyone's rights; or your failure to comply with any law, including advertising-disclosure and tax obligations.

We will notify you of any such claim, and you will co-operate with us in its defence. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you.

We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, strike, government action, failure of internet infrastructure or telecommunications, power failure, or the failure or discontinuation of a third-party service the Platform depends on.

You may request deletion of your account at any time. On request, your profile is immediately hidden from public view and any open offers are closed. Your personal information is then erased after a grace period of thirty days, during which logging back in cancels the deletion.

Closing your account voids the promo codes you are holding and any reward you have not yet used, including a cash reward that has not been paid. If you are owed one, settle it before you close the account — once the account is gone there is nothing left for a business to pay against.

When a business closes its account, its promos end, codes issued under them are voided, and rewards not yet handed over are voided with them. There is no counter left at which to present them, and a code that still scans for a business that no longer exists sends someone to a door that will not honour it.

Records of completed Collabs and reviews are retained after deletion in anonymised form, with your name removed. This is deliberate: the other party's reliability record is theirs, and allowing one side to erase it by deleting an account would make the reputation system meaningless.

We may suspend or terminate your access immediately and without notice if we reasonably believe you have breached these Terms, that your account is being used fraudulently or unlawfully, or that your continued access presents a risk to other users, to third parties or to us.

Termination does not affect any Collab already in progress between you and another user, any liability already accrued, or any provision of these Terms which by its nature should survive, including sections 13, 16, 17, 18, 22 and 23.

We may update these Terms from time to time. The date at the top of this page shows when they were last changed. Where a change is material, we will take reasonable steps to notify registered users, for example by email or by a notice on the Platform.

Continuing to use the Platform after a change takes effect means you accept the revised Terms. If you do not accept them, you should stop using the Platform and may close your account.

These Terms and any dispute arising out of or in connection with them, the Platform, or their subject matter are governed by the laws of the Province of Quebec and the federal laws of Canada applicable there, without regard to conflict-of-laws rules.

The courts of the Province of Quebec, district of Montreal, have exclusive jurisdiction, and you consent to that jurisdiction and venue. Nothing in this section deprives a consumer of the protection of mandatory provisions of the law of their country of residence, or of the right to bring proceedings in the courts of that country where applicable law gives them that right.

Before commencing proceedings, you agree to contact us first and attempt in good faith to resolve the dispute informally for a period of at least thirty days.

Any claim must be brought within one year after the cause of action arises, to the extent that such a limit is permitted by applicable law.

To the extent permitted by law, disputes must be brought in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Platform and replace any earlier understanding on that subject.

If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions continue in full force.

Our failure to enforce any provision is not a waiver of it.

You may not assign or transfer your rights under these Terms. We may assign ours in connection with a merger, acquisition or sale of assets, on notice to you.

These Terms are published in English and French. Both versions are provided for convenience; in the event of a discrepancy, the English version prevails except where applicable law requires otherwise.

Questions about these Terms can be sent through the contact form on the Platform. We aim to respond to legitimate enquiries within a reasonable period.