Ask HN: How is Clubhouse allowed to be on the App Store?

I just tried downloading Clubhouse on my iPad, and I noticed I cannot do anything with it, since I do not have an invite. Isn't this breaking ToS of the App Store?

Wasn't Hey by Basecamp rejected from the App Store for the very same reason? Since the app has basically no function if you don't have an invite, and you cannot register for it inside the app?

Would love to hear someone explain to me how is that possible.