Throng creator terms
1. Parties
These terms are between DarkByte, a personally owned business owned by Christian Behrens-Thomsen, CVR 33941285, Nordvanggårdsvej 6, 2. 3., 3460 Birkerød, Denmark ("DarkByte"), and you, the creator who opens a fan space on Throng ("you").
2. Who may open a space
- You are 18 or older and run a TikTok account that does LIVE battles.
- You confirm that you run the TikTok account your space is for.
- You open the space in your own name or for a business you are allowed to bind. If you act for a business, tell us its name and VAT/CVR number.
3. What you get
- A closed fan space with battle calendar, RSVPs, rally push, check-ins, feed, team chat, ranks, streaks, badges, and moderator and captain roles.
- The free tier is free. Paid tiers come later and will have their own terms and prices before anything is charged.
4. Your branding
- In this version you cannot upload a logo, banner or other images. You confirm you have the right to use the name you give your space, and that it suggests nothing that makes Throng look like a TikTok product.
- You give DarkByte a free, non-exclusive licence to show your space's name and your handle in Throng for as long as your space exists.
5. Running your space
You and your moderators run the community in your space. There is no way in the app to appoint moderators; DarkByte sets them up on the creator's request. You agree that:
- You and your moderators enforce the Throng community rules, plus any house rules you set, which must not be looser than the community rules.
- Your moderators act for you, not for DarkByte. You decide who they are, you can remove them from your space, and you are responsible for how they use their tools. Your moderators can also make fans Captains and pick Fan of the night.
- You are responsible for your own posts, your announcements and pushes, your house rules, and your moderators' actions.
- When you or a moderator see content that may be illegal, or any threat to someone's life or safety, you escalate it to DarkByte at once by email to christian@darkbyte.dk with the subject "Report". Do not just delete it: we may need to act on it or report it.
- Every restriction you or your moderators make (removing a post or a chat message, removing a member) is shown to the member in the app, with the reason you or your moderator write. Do not try to work around this.
- DarkByte can review reports from your space, remove content, restrict accounts and suspend or close your space when these terms, the community rules or the law require it.
6. TikTok rules and gifts
TikTok can restrict your LIVE features if third-party tools are used to push gifting. To protect you and Throng:
- Do not use Throng to solicit gifts in breach of TikTok's rules: no gift quotas, no pressure or shaming, no perks, roles, ranks or access in return for gifts.
- No trading or transfer of TikTok virtual items (coins, gifts, power-ups) through Throng.
- Do not run predictions, raffles or contests with prizes or stakes in Throng.
- Do not say or suggest that Throng is made, sponsored or approved by TikTok.
- You remain responsible for following TikTok's own terms and guidelines on your TikTok account.
Fan of the night and Captains. Fan of the night, Captain and any other recognition in Throng must be based on attendance, check-in, streaks or conduct in the community. You must not choose, rank or reward fans based on gifts, coins, power-ups or other spending on TikTok or elsewhere, and you must not tell fans that a pick or role depends on spending. If we reasonably believe you have done so, we may remove the pick or role and suspend the feature for your space.
7. Adults only
Throng is 18+. Do not invite, target or encourage anyone under 18 to join, and tell DarkByte if you think a member is under 18.
8. Member data
The rules for member data are in Annex 1. In short: member data stays in Throng, and you may not export it, copy it out, or use it to contact members outside Throng or for marketing.
9. Testing and confidentiality
While Throng is in testing (TestFlight and Android APK), features may change or be removed, and data may be reset. Please keep unreleased features, designs and prices confidential until DarkByte publishes them. You may tell your fans about Throng and post your space link.
10. Price and payment
The free tier costs nothing. If you later choose a paid tier, payment will run through our reseller Paddle, under the terms and prices shown before you buy. DarkByte never takes a share of your TikTok earnings.
11. Responsibility
- DarkByte provides Throng as it is and works to keep it running, but cannot promise uninterrupted service or delivery of every notification.
- DarkByte is not responsible for your TikTok account, your earnings, or decisions TikTok makes about your LIVE.
- If you break these terms and a third party or authority makes a claim against DarkByte because of it, you cover DarkByte's reasonable costs, to the extent the law allows.
- Nothing in these terms limits liability for intent or gross negligence, or rights that mandatory law gives you.
12. Ending
- You can close your space at any time by deleting your Throng account. The space and its content are deleted with your account, under the privacy policy.
- DarkByte can suspend or close your space if you seriously break these terms or the law, or if TikTok withdraws our access, or if we close Throng. Except in serious cases, we warn you first and give you 14 days to fix the problem, and we give at least 30 days' notice if we close Throng.
- Annex 1 continues for as long as either of us holds data from your space.
13. Changes
We tell you at least 30 days before a change to these terms that matters to you. If you do not agree, you can delete your account, and with it your space, before it applies.
14. Law
Danish law applies, and disputes go to the Danish courts, unless mandatory law gives you another choice.
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Annex 1: Joint-controller arrangement (GDPR Art. 26)
1.1 Scope. This arrangement covers the personal data of the members of your fan space that is processed in Throng to run that space: membership, roles, RSVPs, check-ins, ranks, badges, posts and chat, notification settings for your space, house rules and moderation records. DarkByte and you decide together on the purposes and means of this processing: DarkByte by designing and running Throng, you by opening the space, sharing its code (anyone with the code can join), removing members, asking DarkByte to set up moderators, setting house rules and sending announcements and pushes.
1.2 Not covered. DarkByte alone is controller for accounts, sign-in (email address, TikTok and Apple IDs, through Clerk), age check, push tokens, TikTok links, platform-level reports and the processors it uses. You alone are controller for anything you do outside Throng, such as your own TikTok account.
1.3 DarkByte's responsibilities.
- Run and secure Throng (Art. 32), keep Throng's server and database in the EU (sign-in runs through Clerk in the USA, under the EU-US Data Privacy Framework with the EU Standard Contractual Clauses as a fallback), and choose and contract its processors (Art. 28).
- Give members the information in Arts. 13 and 14 through the Throng privacy policy, including the essence of this arrangement (Art. 26(2)).
- Be the single contact point for members and handle all requests under Arts. 15-22.
- Keep the records of processing (Art. 30), notify personal data breaches to Datatilsynet and to members when required (Arts. 33-34), and carry out any impact assessment needed (Art. 35).
- Provide the tools for deletion, reporting, statements of reasons and appeals.
1.4 Your responsibilities.
- Use member data only inside Throng and only to run your space. No export, copying (including bulk screenshots), scraping, selling, or use for marketing or contacting members outside Throng.
- Make sure your moderators follow this annex. You are responsible for them.
- Keep your account secure and tell DarkByte at once if you think someone else has accessed it.
- Forward to DarkByte within 3 working days any member request about their data that reaches you, and do not answer it yourself beyond saying it has been passed on.
- Tell DarkByte at once (within 24 hours) if you learn of a possible data breach in your space.
- Do not ask members for sensitive data (health, religion, sexuality, political views) or data about minors, in join questions, posts or announcements.
1.5 Members' rights. Members may exercise their rights against either of us (Art. 26(3)). DarkByte answers them.
1.6 Cooperation. Each of us helps the other with information needed to answer members, Datatilsynet, or a court.
1.7 Liability between us. Each party carries the cost of a claim to the extent it was caused by that party's breach of this annex or of the GDPR. This does not limit members' rights under Art. 82.
1.8 End. When your space closes, its data is deleted under the privacy policy. You delete any member data you still hold outside Throng in breach of 1.4.