Terms of Service

1. Acceptance of Terms

Welcome to Tinglebay. Tinglebay is operated by Growbase LLC ("Growbase," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our video content platform and services (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

If you publish content as a creator, the Creator Agreement and the Payout Terms also apply to you and form part of your agreement with us. Where they conflict with these Terms on a matter specific to creators, they control.

2. Eligibility

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into this agreement
• Your use of the Service will not violate any applicable law or regulation
• All information you provide is accurate and truthful

3. Account Registration

To access certain features of our Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access
• Take responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. User Content

4.1 Content Ownership

You retain ownership of content you upload, post, or submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to:

• Use, reproduce, and display your User Content
• Distribute and publicly perform your User Content
• Create derivative works for platform functionality
• Sublicense these rights to service providers

4.2 Content Standards

All User Content must comply with our content standards. You may not upload content that:

• Is illegal, harmful, or violates any law
• Infringes on intellectual property rights
• Contains hate speech, harassment, or threats
• Includes non-consensual intimate imagery
• Promotes, glorifies, or provides instruction for self-harm, suicide, or disordered eating
• Contains malware, viruses, or harmful code
• Is spam or misleading

4.3 Prohibited Content

The following content is strictly prohibited on the Service. You may not upload, post, or distribute content that depicts, promotes, or portrays:

• Any person under 18 years of age, or any content that sexualizes minors in any way, including content that portrays a participant as a minor
• Non-consensual activities of any kind, whether real or simulated, including rape or sexual assault
• Incest, whether real or simulated
• Bestiality or any sexual act involving animals
• Any person who is intoxicated, drugged, unconscious, asleep, hypnotized, or otherwise unable to give consent
• Human trafficking, sexual exploitation, coercion, or any content produced through force, fraud, or coercion
• Violence, torture, or the infliction of pain or blood

Violations of this section result in immediate content removal and account termination, and are reported to law enforcement where required by law.

4.4 Mobile App Distribution

The Tinglebay mobile app is distributed through third-party app stores whose content policies are stricter than this agreement. Content that is permitted on tinglebay.com is therefore not necessarily distributed through the mobile app.

You may not upload, post, or distribute through the mobile app any content that depicts or portrays:

• Nudity or exposed genitalia
• Sexual activity, whether actual or simulated
• Material intended primarily to cause sexual arousal rather than a sensory or relaxation response

We determine which content is made available through the mobile app and may withhold any content from mobile distribution at our discretion, including content that complies with this agreement in every other respect. Withholding content from the mobile app does not affect its availability on tinglebay.com.

5. Creator Terms

5.1 Creator Responsibilities

As a content creator on our platform, you agree to:

• Create original content or have proper rights to share
• Comply with all applicable laws and regulations
• Provide accurate content descriptions and metadata
• Respond to user requests in a timely manner
• Maintain professional conduct with users
• Conduct all transactions with users — subscriptions, custom video requests, tips, and shop purchases — exclusively through the platform, and keep personal contact information and off-platform payment details out of content, titles, descriptions, thumbnails, comments, and messages (links to public social-media profiles in the profile fields provided for that purpose are permitted)

5.2 Revenue Sharing and Payouts

Creators may earn revenue from their own subscription tiers, tips, shop sales, and custom orders. Revenue from platform-wide all-access subscriptions is not shared with creators. Creator earnings are calculated under the Payout Terms using the platform fee rates, processing fee treatment, and hold period shown in the creator dashboard, which may vary by creator and revenue type.

• We pay eligible earnings on the creator's payout schedule, initiating each payout within 5 business days after the scheduled date, to the payout method on file, subject to the minimum payout and the conditions in the Payout Terms: completed identity verification, valid payout and tax details, an account in good standing, the hold period having elapsed, and no legal prohibition on the payout. An unmet condition defers a payout; it does not forfeit it.
• We may hold earnings where we reasonably suspect fraud, chargeback abuse, self-funded purchases, or a violation of these Terms or the Creator Agreement, or where we receive a complaint or a lawful request, for as long as is reasonably necessary. We will notify the creator of the hold and give a status update at least every 30 days unless the law prevents it.
• Refunds, voids, and chargebacks reverse the corresponding earnings. We may refund a fan under Section 8.1 without the creator's consent, and we may set off amounts a creator owes us against their balance.
• Earnings are forfeited only in the cases listed in section 6.5 of the Creator Agreement: fraudulent or self-funded payments, earnings tied to content or conduct that materially breaches the Creator Agreement or these Terms, and the whole balance where an account is terminated for content or conduct involving minors, non-consensual content, trafficking, exploitation, or fraud.
• Creators are independent contractors and are responsible for any taxes owed on their earnings.

5.3 Custom Orders

Users may commission custom content from creators through our platform. By placing a custom order, you acknowledge and agree:

• Creator retains rights: The creator retains full ownership and intellectual property rights to all custom content they produce
• Exclusivity window: Custom order buyers receive 7 days of exclusive access to their commissioned content from the date of delivery, during which the creator may not publish or resell the content
• Resale after exclusivity: After the 7-day exclusivity window, creators may resell, publish, or distribute custom content to other users or on other platforms at their discretion
• Platform license: Tinglebay retains a perpetual, worldwide, royalty-free right to host, display, distribute, and resell custom content on the platform. Tinglebay may list completed custom orders for sale to other users at its discretion, including as individual purchases or as part of content bundles
• Buyer revenue share: Original custom order buyers may be eligible to receive a portion of revenue from future sales of their commissioned content, subject to platform features and policies in effect at the time of purchase

Extended exclusivity periods beyond 7 days must be negotiated directly with the creator before placing your order.

6. Subscriptions

6.1 Subscription Features

The Service offers paid subscriptions, including per-creator subscriptions and platform-wide all-access subscriptions, which provide access to premium content and features.

6.2 Billing and Cancellation

Subscription terms:

• Subscription fees are disclosed at the time of purchase and billed on a recurring basis
• Automatic renewal unless cancelled
• Cancel anytime through account settings
• No refunds for partial billing periods
• Access continues until end of current billing period
• If you close/delete your account, your access may end immediately.

7. Reporting Violations and Child Safety

We provide multiple ways to report content that violates these Terms and to request its removal:

• Signed-in users can report any video directly from the content menu, selecting a violation category and adding details
• Anyone, including rights holders and other third parties, may report violations or submit takedown requests by emailing abuse@tinglebay.com or using our contact form

Reports are reviewed by our team and actioned on an ongoing basis. Violating content is removed, and offending accounts are subject to the enforcement actions described in Section 13.

7.1 Zero Tolerance for Child Sexual Abuse Material

Tinglebay has zero tolerance for child sexual abuse material (CSAM) or any content that sexualizes minors. All users and creators must be at least 18 years of age. Where we identify apparent CSAM, we remove it immediately, terminate the responsible account, preserve the material as required by law, and report it to the National Center for Missing & Exploited Children (NCMEC) CyberTipline in accordance with 18 U.S.C. § 2258A.

8. Payment Terms

All payments are processed securely through third-party payment processors. We do not store full card numbers. By making a purchase, you agree to:

• Provide accurate payment information
• Pay all charges incurred on your account
• Accept the terms and conditions of the payment processor handling your payment method
• Understand that refunds are subject to our refund policy
• Not dispute a charge with your bank or card issuer for a purchase you authorized without first contacting us; a chargeback made in bad faith may result in account suspension

8.1 Refunds

If you're not satisfied with a purchase, contact us at help@tinglebay.com within 30 days, and we'll work with you to make it right, including a refund where appropriate. Refunds are reviewed on a case-by-case basis and issued to the original payment method. Subscriptions can be cancelled anytime and remain active through the end of the current billing period.

We reserve the right to change pricing with 30 days notice for existing subscribers.

9. Content Protection and Licensing

9.1 Viewing License

Your subscription or other payment grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to stream and view content on the Service for your personal, non-commercial use only. This license does not grant you any ownership of the content.

9.2 Prohibited Content Use

You may not, under any circumstances:

• Download, copy, save, screen-record, screenshot, or otherwise capture any content from the Service
• Share, redistribute, re-upload, or make available any content from the Service on any other platform, website, application, or medium
• Share playback links, access URLs, or embed codes with non-subscribers or outside the platform
• Use any tools, scripts, browser extensions, or third-party software to circumvent content protection measures, including digital rights management (DRM), signed URLs, or watermarking
• Remove, alter, or obscure any watermarks, logos, or identifying marks embedded in content
• Stream, broadcast, or publicly display content to any audience beyond your personal viewing
• Request, solicit, purchase, trade, or knowingly access content from the Service that has been downloaded or redistributed without authorization ("leaked content"), share links to leaked content, or upload leaked content to the Service, whether on or off the Service

9.3 Digital Rights Management and Watermarking

Content on the Service may be protected by industry-standard digital rights management (DRM) technology, including but not limited to Google Widevine, Apple FairPlay, and Microsoft PlayReady. Content may also contain visible or invisible watermarks that are unique to your account and viewing session.

By using the Service, you acknowledge and consent to the use of these content protection technologies. Any attempt to circumvent, disable, or interfere with DRM or watermarking systems constitutes a material breach of these Terms and may violate applicable laws, including the Digital Millennium Copyright Act (DMCA).

If leaked content is traced back to your account through watermarking or other forensic identification methods, your account will be immediately terminated and you may be subject to legal action and liability for damages.

9.4 Enforcement

Violation of any content protection terms may result in:

• Immediate account termination without refund
• Forfeiture of any remaining subscription time
• Legal action, including claims for damages and injunctive relief
• Referral to law enforcement where criminal conduct is suspected
• Liability for all losses suffered by Tinglebay, affected creators, and other rights holders

10. Prohibited Activities

You may not:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Upload malicious software or code
• Attempt to circumvent security measures
• Create fake accounts or impersonate others
• Engage in harassment or abusive behavior
• Share account credentials with others
• Use automated systems to access the Service
• Interfere with platform operations
• Solicit, direct, or conduct payments between creators and users outside the platform, or post contact or payment information for that purpose
• Solicit or direct users to another platform or service to subscribe to, purchase from, or tip a creator, or use the Service to move a creator's subscribers elsewhere
• Collect, harvest, or export other users' contact details or personal information, or use messaging to send unsolicited commercial messages

Messages, comments, and custom order requests sent through the Service may be reviewed by automated tools and by our staff to enforce these Terms, investigate reports, and maintain service quality, as described in our Privacy Policy.

11. Intellectual Property

11.1 Platform Rights

The Service and its original content, features, and functionality are owned by Growbase LLC and protected by copyright, trademark, and other laws.

11.2 DMCA Policy

We respect intellectual property rights and respond to DMCA takedown notices. To report copyright infringement, contact our designated agent:

12. Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices, including how and why we review messages sent through the Service.

13. Enforcement and Termination

We apply graduated enforcement against violations of these Terms. Depending on the severity and frequency of a violation, we may remove or unpublish content, temporarily suspend an account, or permanently ban an account. Repeat violations escalate enforcement up to and including permanent termination. Serious violations — including CSAM, non-consensual content, or circumvention of content protection — may result in immediate permanent termination on the first instance.

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination, including Sections 4.1, 5.2, 5.3, 9, 11, 14, 15, and 16, survive.

Termination of a creator account does not, by itself, forfeit the creator's earned balance. What happens to a creator's balance on termination, including the final-payout hold and the limited cases of forfeiture, is set out in section 8 of the Creator Agreement and section 9 of the Payout Terms.

13.1 Account Closure

You may close or delete your account through your account settings, subject to verification and any applicable limitations.

Closing your account will revoke access to the Service. We may retain certain records as required for legal, tax, fraud prevention, and dispute handling purposes.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GROWBASE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS ($100).

Nothing in this section limits our obligation to pay a creator earnings that are properly due under the Creator Agreement and Payout Terms, or any liability that cannot be limited under applicable law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of the State of Delaware.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last updated" date, and, for changes that reduce your rights or increase your obligations, by email or an in-app notice at least 14 days before they take effect, unless the change is required by law or addresses safety or fraud. Your continued use after the effective date constitutes acceptance of the modified Terms.

Changes to the Creator Agreement and Payout Terms are governed by the change provisions in those documents.

18. Contact Us

If you have any questions about these Terms of Service, please contact us: