Terms of Use
(For users residing in the European Economic Area (EEA), Switzerland and the UK)
Last updated: July 2020
1. Your relationship with us
Welcome to Tiktok.
TikTok is a leading platform for creating and sharing short videos (the "Platform").
These Terms of Use (the "Terms of Use") constitute an agreement between you and us.
They set the terms under which you access the Platform and our related websites (such as tiktok.com), services, applications, products, and other content offered pursuant to these Terms (collectively: the "Services") can and how you may use them.
The Services are provided by the company that offers the Services in your region ("TikTok", "we" or "us"):
Residents of the European Economic Area ("EEA") and Switzerland: The Services are provided by TikTok Technology Limited, a company with registered office at 10 Earlsfort Terrace, Dublin, D02 T380, Ireland and company number 635755.
UK Residents: The Services are provided by TikTok Technology UK Limited, a company registered in England with registered office at Wework, 125 Kingsway, London, WC2B 6NH, United Kingdom with company number 10165711.
Your service provider may change if you move to another country and continue to use our services.
The Services are provided for personal, non-commercial use.
For purposes of these Terms of Service, the terms "you" and "your" refer to you as a user of the Services.
The Terms of Use form a legally binding agreement between you and us.
Please take the time to read these Terms of Use carefully.
If you do not agree to this, please do not register, access or use the Services.
2. Description of Services
The Services and the Platform are only intended for persons who are at least 13 years old.
You may use the Services and Platform through TikTok's mobile applications ("App") and through TikTok's website ("Site").
Certain functions are only available in the app.
In addition, not all services or features may be available in your country or region.
Different features may be available in different versions of the Services.
Certain functions are not available to users under a certain age.
The Services allow you to create, post, and share (“share”) short videos and view videos created by other users.
They also allow interaction with these videos and with other users.
Create and share videos: In particular:
You can record videos or import them into the Services.
You can edit videos and enrich them with filters and additional elements.
You can also include content from other users in your videos, but only if the creator of the video in question allows their content to be used for these purposes.
As long as you allow your content to be used for these purposes, other users can use your content in their own videos.
You may post videos within the Services so that other users can view your videos.
The videos you post as public are viewable within the app and on the website.
You can share your videos, or videos of others who have allowed their videos to be shared, across various messaging services and on third party social media platforms (e.g. Instagram, Facebook, YouTube, Twitter) in accordance with their respective terms of service share with others.
You can enter a video description, tags, and various privacy settings when publishing a video.
You can also place a short biography and a profile picture in your public user profile.
You may live stream, use live streaming features, purchase Coins and exchange Coins for gifts (the "Live Stream Program") under the supplemental terms of our Virtual Items Policy.
View Videos: You may view videos of other users of the Services.
Especially:
You can view videos that others have shared as public or videos from people you follow.
The Service provides you with a customized "For You" page.
There you will see recommendations for videos chosen by the Services based on what may be of interest to you.
For more information, please see our privacy policy.
The service offers other ways to find content for you to watch, such as a list of other users' videos on their profile, a search function, and a category selector.
You can watch other users' live streams.
Interaction with other users: You can interact with the content of other users as well as with the other users themselves.
Especially:
Direct Messages: You can send messages to users when they follow you.
Likes: You can "like" videos.
Comments: Depending on the user's preferences, you can leave comments on their videos.
Follows: You can follow other users.
If users limit their profile, you can't follow them unless they approve your request.
Find Friends functionality: You can find your friends using your mobile phone's address book and Facebook.
Pro Accounts: You can upgrade your account to a free "Pro Account".
A Pro account gives you access to additional features, such as aggregated statistics about your content.
If you participate in the TikTok Creator Marketplace (“Marketplace”), you can access settings and control requests for Marketplace features from the Pro account menu.
Service Limitations: We strive to provide the Service without significant disruption and to continuously improve it.
However, it may happen that the service is not available in whole or in part for certain times as a result of planned or unplanned downtimes, for maintenance reasons or in the event of technical problems.
3. Agreement to the Terms of Use
In order to register for, access, or use the Services, you must be able to form a legally binding contract with TikTok that incorporates these Terms of Service.
You must also be at least 13 years of age, agree to these Terms of Service and agree to abide by them.
Your access to and use of our Services are also subject to our Community Guidelines and our Virtual Items Policy.
The respective provisions can be found directly on the platform or, if the platform is made available for download, in the respective app store for your mobile device.
These additional guidelines and guidelines are incorporated into this legally binding contract between you and us by reference.
Please also read our privacy policy as it describes how we use your personal information.
If you are accessing or using the Services on behalf of a business or entity, then: (a) the terms "you" and "your" include you and such business or entity, (b) you must be an authorized agent Be an agent of the company or entity that has the authority to bind the organization to these Terms and agree to these Terms on behalf of the organization, and (c) your company or entity is the legal and financial controller of your access to the Services and your use of it, as well as your account's access or use by others associated with your organization.
This includes, but is not limited to, employees, agents or subcontractors.
A copy of our current Terms of Use, including the date of the last update, is always available on the Platform.
However, to be on the safe side, you should print out a copy of the terms of use for your own records or save them locally.
4. Changes to the Terms of Use and Services
We regularly integrate innovations into our services and change and improve them.
In addition, we may change these Terms of Service from time to time, for example, if we update functionality of the Services or if there are legal changes that affect these Terms of Service or the Services.
We will give you reasonable notice in advance of any material changes to these Terms of Service or to our Services that will materially adversely affect you or materially limit your access to or use of our Services.
This is done by a notice on our platform.
However, you should also periodically review these Terms of Use yourself for changes.
When we make changes, we also change the “Last Updated” date at the very top of the Terms.
This always reflects the date on which the Terms of Use came into effect in their most recently updated form.
We do not permit the use of the Services by any person who does not agree to and comply with our Terms of Service.
Therefore, your continued access to or use of the Services after the effective date of the new Terms of Service will constitute your acceptance of these new Terms of Service.
If you do not agree to the modified Terms of Use, you must immediately stop accessing and using all Services and, if applicable, close your account.
We may not be able to notify you in advance of changes to the Terms of Use or Services that we need to make to comply with security, legal or regulatory requirements.
However, we will inform you of this as soon as possible.
5. Your Account with Us
In order to access and use some of our Services, you must create an account with us.
When creating this account, you must provide true and current information.
It is important that you maintain and promptly update your information and any other information you provide to us so that it is current and complete.
The terms of use are also available to you at any time via the platform.
It is also important that you keep your account password confidential and do not disclose it to any third party.
If you know or suspect that a third party knows your password or has accessed your account, you must tell us immediately.
To do so, fill out the form at https://www.tiktok.com/legal/report/feedback.
6. Termination
We reserve the right to suspend or terminate your user account, temporarily or permanently, or limit or restrict your access to any or all of the Services.
We are not obliged to announce this in advance.
This authorization applies to suspension and/or termination with and without reason.
Possible reasons include:
we reasonably believe that you have violated, or have objective grounds to believe that you are about to violate, any of the Terms of Service, including the agreements and policies incorporated herein (such as the Community Guidelines), or any applicable law or regulation;
Activities are taking place under your account that, in our sole discretion, cause or may cause damage to us or our Services, or affect or may affect us or our Services, or violate or violate the rights of any third party (including intellectual property rights);
To comply with a law enforcement or other government agency request pursuant to valid legal process;
Unexpected technical or security issues have occurred; or
There is no activity on your account for long periods of time.
If we permanently suspend or terminate your user account, we will notify you in advance to give you sufficient time to access and save your information and content.
However, this does not apply if we have reason to believe that continued access to your user account would harm us or our Services or would violate a request from law enforcement or other governmental authorities or any applicable law or regulation or the rights of third parties.
Subject to any legal rights you may have, if your account is suspended or permanently suspended or terminated, access to your username, password and any related information and content associated with your account may also be suspended or terminated.
Because we do not guarantee the continued availability of your content, you should make backup copies of any content that is important to you.
If you no longer wish to use our services, you can request that your account be deleted.
Appropriate functions are provided on the platform for this purpose.
Alternatively, you can also fill out the form at https://www.tiktok.com/legal/report/feedback.
We would be happy to provide you with further assistance and guide you through the process of deleting your account.
Please note that if you decide to delete your account, it will no longer be possible to reactivate it to retrieve any content or information you stored there.
7. Your Use of the Services
Your access to and use of the Services are subject to these Terms of Service and all applicable laws and regulations.
You are not allowed to:
Accessing or using the Services if you are under the age of 13 or unable to agree to these Terms of Service;
Copy, modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works from the Services, including any file, spreadsheet, or documentation (or any portion thereof), or the source code, determine or attempt to determine any algorithms, methods or techniques embedded in the Platform, or create derivative works thereof, unless we have expressly given our prior consent to such activities;
Distribute, license, transfer, or sell all or any portion of the Services or derivative works thereof;
Market, rent or lease the Services for a fee, or use the Platform to solicit advertisements or post commercial solicitations, unless we have expressly consented to such activities in advance;
Use the Services for any commercial or unauthorized purpose, including communicating or enabling advertising or soliciting or spam emails, without our express written consent;
Interfere or attempt to interfere with the proper working of the Services, or interfere with the Platform, our website or other networks connected to the Services, or circumvent any measures we may use to prevent or limit access to the Services;
Integrate the Platform or any part of it with any other program or product.
In such event, we reserve the right to refuse the Services, terminate accounts, or limit access to the Services at our discretion;
Use automated systems or software to extract data from the Services for any commercial purpose ("screen scraping").
This applies regardless of whether these systems or software programs are operated by third parties or not;
Impersonate or misrepresent yourself or your relationship with any person or entity, or otherwise misrepresent yourself.
This includes creating the impression that any content you upload, post, transmit, distribute or otherwise make available originates from the Services;
Intimidate or harass others, or promote sexually explicit material, violence, or discrimination based on race, gender, religion, national origin, disability, sexual orientation, or age;
Use or attempt to use another's account, Service or system without proper authorization from TikTok or create a false identity within the Services;
Use the Services in any way that could create a conflict of interest for you or us or otherwise undermine the purposes for which the Services are served.
Examples include sharing reviews with other users or creating or requesting reviews to promote products or services;
Use the Services to intentionally, grossly negligently or negligently upload, transmit, distribute, store or otherwise make available:
material that violates any applicable law or violates the rights of others;
computer virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful;
Unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or other prohibited forms of advertising;
any material that infringes or may infringe the copyright, trademark or other intellectual property of another person;
material that violates the privacy or publicity rights of another person or a deceased person;
material that is defamatory of any person or is obscene, offensive, pornographic, hateful or inflammatory;
any material that depicts, promotes or provides instructions for criminal offences, dangerous activities or self-injurious behavior;
Materials designed to provoke or upset people, such as, but not limited to, "trolling" or bullying, or intended to harass, harm, hurt, frighten, harass, embarrass, or upset people bring to;
Materials that contain a threat of any kind, including threats of physical violence;
racist or discriminatory material, including discrimination based on race, religion, age, gender, disability or sexuality;
any response, reaction, comment, opinion, analysis or recommendation that you are not properly licensed or otherwise qualified to provide;
Material which, in our judgment, is objectionable or which may limit or inhibit any other person's use of the Services or which may expose TikTok, the Services or users to any harm or liability of any kind.
In addition to the prohibitions set forth above, your access to and use of the Services must always comply with our Community Guidelines.
We reserve the right to remove or suspend access to any Content, permanently or temporarily, at any time and without notice if, in our sole discretion, the Content violates these Terms of Service or our Community Guidelines, the rights of third parties (including intellectual property rights), or applicable laws or regulations, or may violate or otherwise be harmful to the Services, our users, or third parties.
8. Intellectual Property Rights
We respect the intellectual property rights of others, and we expect you to do the same.
As a condition of your access to and use of the Services, you agree not to infringe the intellectual property rights of others when using the Services.
An example of this includes, but is not limited to, that you agree not to upload content to the Services that is owned by another person without permission.
9. Content
TikTok content
As between you and TikTok, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photos, audio files, videos, music files and the look and feel of the Services, Platform and App as well all related intellectual property rights (the “TikTok Content”) are either owned by or licensed to TikTok.
You or your licensors are deemed to own the User Content (as defined below) that you upload or submit through the Services.
Your use of the TikTok Content or other materials made available through the Services for any purpose other than those expressly permitted under these Terms of Service is strictly prohibited.
Such content and materials may not be downloaded, copied, reproduced, distributed, transmitted, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without the prior express written consent of us or our licensors.
Except as expressly granted, we and our licensors reserve all rights in and to such content and materials arising out of or in connection with the Services and the TikTok Content, absolutely and without restriction.
We may generate revenue and increase goodwill or otherwise increase our value through your use of the Services.
Examples include but are not limited to the sale of advertising, sponsorships, promotions, usage data and gifts (as defined below).
Except as expressly provided otherwise in these Terms of Use or any other agreement between you and us, you shall have no share in the revenue, goodwill or our value.
Except as expressly provided otherwise in these Terms of Use or any other agreement between you and us: (i) you shall not be entitled to any revenue or other compensation from the User Content (as defined below) or from your use of musical works, sound recordings or audio-visual clips made available to you on or through the Services.
This also includes User Content created by you; (ii) you are prohibited from exercising rights to monetize or obtain consideration for any User Content within our Services or third party Services (including but not limited to YouTube, Facebook, Instagram, Twitter or other social media platforms).
This applies to the extent that the User Content has been edited or otherwise modified in any way on the Services, including the use of TikTok Elements (as defined below).
You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services subject to these Terms of Service.
This license also includes downloading the Platform to a Permitted Device and accessing the TikTok Content through your use of the Services, but solely for your personal, non-commercial use and in accordance with these Terms of Service.
TikTok reserves absolutely and without limitation all rights in the Services and TikTok Content not expressly granted in these Terms of Service.
You acknowledge and agree that upon termination of your account or these Terms of Service, this license granted to you with respect to the Services will automatically terminate.
YOU ARE GRANTED NO RIGHTS UNDER THESE TERMS OF SERVICE WITH RESPECT TO ANY AUDIO RECORDINGS (AND THE MUSICAL WORKS CONTAINED THEREIN) MADE AVAILABLE ON OR THROUGH THE SERVICES.
You view content provided by others within the Services at your own risk.
The content of our services is provided for general information only.
It is not intended as advice on which you should rely.
Before taking, or refraining from, any action based on the content of the Services, you must obtain professional or specialist advice.
We make no representations or warranties of any kind, express or implied, that the TikTok Content (including User Content) is accurate, complete, or current, and we make no warranty as to such.
Where the Services contain links to other websites and resources provided by third parties, these links are provided for your information only.
We do not know and have no control over the content available on or through those websites and resources.
You hereby acknowledge and agree that we shall have no liability whatsoever with respect to such content.
Use of these links should not be construed as an endorsement of the linked websites or any information which you may obtain on or from them.
We have no obligation to pre-post, monitor, post-post review, or edit any content (including User Content) posted by you or other users of the Platform.
User-Created Content
Users of the Services may be permitted to upload, post, or transmit (e.g., stream) or otherwise make Content available through the Services.
This includes, but is not limited to, text, photos, user videos, sound recordings, and the musical works contained therein (including videos that incorporate locally stored sound recordings from your personal music library and ambient sounds) uploaded to or otherwise made available through the Services ("User Content") .
You acknowledge and agree that users of the Services may extract, in whole or in part, User Content uploaded or otherwise made available by you through the Services to create new User Content.
This includes User Content created through the collaboration of multiple users that combine and mix User Content created by you and other users.
Users of the Services may also embed music, graphics, stickers, virtual items (as defined and further described in the Virtual Items Policy) and other items provided by TikTok (“TikTok Items”) in User Content and submit such User Content through the Services.
We have not reviewed or approved the information and materials contained in User Content.
This also applies to the user content that contains TikTok elements.
The views expressed by other users of the Services (including expression through the use of virtual gifts) do not reflect our views or values.
If you access or use features that allow you to upload or transmit User Content through the Services or to contact other users of the Services, you must comply with the standards described in Section 7 above.
This also applies when uploading or transmitting via certain third-party social media platforms such as Instagram, Facebook, YouTube or Twitter.
Further, you may choose to upload or transmit your User Content, including that containing TikTok Elements, to websites or platforms hosted by third parties.
If you do so, you must comply not only with the policies of those providers with respect to content, but also with the standards described in this Section 9.
You warrant that such Contributions will comply with these standards.
You shall be liable to us for any breach of this representation and you shall hold us harmless in this respect.
This means that you are responsible for any loss or damage we suffer as a result of your breach of this promise.
All User Content will be considered non-confidential.
You may not post or transmit to us any User Content on or through the Services that you consider confidential or proprietary to others.
If you submit any User Content through the Services, you acknowledge and represent that you are the owner of such User Content or that you have obtained or have been authorized by the owner to provide any necessary consents (including any necessary licenses) or clearances to transmit such User Content upload to the Services, transmit it from the Services to the Third Party Platforms, and/or use such User Content within the Services or otherwise through the Services.
If you only own the rights to an audio recording and not the underlying musical work embodied therein, you may not upload or otherwise make available such audio recordings through the Services.
Anything else applies only if you have, or have been authorized by, all permissions (including any necessary licenses) or clearances from the owner to submit the Content to the Services.
Except as expressly provided otherwise in these Terms of Use, you or the beneficiary of the User Content retain ownership of the copyright and other intellectual property rights in the User Content that you submit to us.
However, by submitting the User Content through the Services, you grant the following rights: (i) to us and our affiliates or agents, service providers, partners and other related third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferrable (including any sublicense), perpetual, worldwide license to use, modify, adapt, reproduce, create derivative works from, publish and/or transmit and/or distribute your User Content, and to authorize other users of the Services and third parties to view, access, and authorize such User Content use, download, modify, adapt, reproduce, create derivative works from, publish and/or transmit, in any format and on any platform, whether now known or later developed; (ii) grant other users of the Services an unconditional, irrevocable, nonexclusive, royalty-free, perpetual, worldwide license to use, modify, adapt, reproduce, create derivative works from, download, publish and/or transmit and/or distribute any or grant some of your User Content, in any format and on any platform, now known or later developed, for the purpose of creating User Content or viewing your User Content for entertainment or other private, non-commercial purposes.
You further grant us and our affiliates, agents, service providers, partners and other related third parties a royalty-free license to use your username, likeness, voice and likeness to identify you as the source of your User Content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the rights to reproduce sound recordings (and to make mechanical reproductions of the musical works contained in such sound recordings) and to publicly perform and communicate such sound recordings (and of the musical works contained in such sound recordings) to the public, all on a royalty-free basis.
This means that you grant us the right to use your User Content without being obliged to pay any royalties to you or any third party.
These third parties include, but are not limited to, the copyright owner of the sound recording (e.g., a music label), the copyright owner of the musical work (e.g., a music publisher), a performance rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “collecting society”), a Sound collecting societies (e.g., SoundExchange), unions or guilds, and technicians, producers, or other stakeholders who may have been involved (knowingly or otherwise) in the creation of User Content.
Special Rules for Musical Works and Musicians If you are a composer or author of a musical work and are affiliated with a collecting society, you must notify your collecting society of the royalty-free license you grant to us to your User Content in accordance with these Terms of Use.
It is solely your responsibility to ensure that you comply with the reporting requirements and any other terms of the agreement with that collecting society to which you are subject.
If you have assigned your rights to a music publisher, you must obtain that music publisher's consent in order to grant the royalty-free licenses granted under these Terms of Use to your User Content.
Alternatively, you can arrange for the music publisher to enter into an agreement with us directly, which is subject to these Terms of Use.
The mere fact that you are the author of a musical work (e.g. wrote a song) does not mean that you are entitled to grant us the licenses described in these Terms of Use.
If you are a musician signed to a music label, you are responsible for ensuring that your use of the Services is consistent with the contractual obligations you have to that music label.
This includes agreements that apply to new sound recordings you make through the Services that your music label may claim rights to.
Rights through-to-audience Any rights you grant to your User Content under these Terms of Service are provided on a “through-to-the-audience” basis.
This means that the owners or operators of any Third Party Services shall have no separate liability to you or any third party arising out of or in connection with the availability of your User Content through such Third Party Services.
Waiver of Rights in User Content By posting any User Content on or through the Services, you waive any rights to pre-screen and approve any marketing or promotional materials related to that User Content.
You further waive (to the extent permitted by law) any and all rights of privacy, publicity or any other similar rights in connection with your User Content or any part thereof.
You hereby waive (to the extent permitted by law) any moral rights you may have in or relating to any User Content that you upload or otherwise make available through the Services.
You agree never to assert these moral rights or to support, bring or permit any action related to these moral rights.
You acknowledge and agree that, under certain circumstances, we also have the right to disclose your identity to third parties who claim that User Content posted by or uploaded to our Services violates their intellectual property rights or their right to privacy.
We, as well as any authorized third party, reserve the right to cut, abridge, edit or refuse any of your Content at our or their discretion.
We have the right to remove, prohibit, suspend or delete any of your Submissions from our Platform if, in our opinion, the Submissions do not meet the standards described in Section 7 above (“Your Use of Our Services”).
In addition, we have the right, but are not obligated to do so, in our sole discretion, to remove, prohibit, disable, or delete any User Content that (i) we believe violates these Terms of Use, or (ii ) when we use it to respond to complaints from other users or third parties.
We are not obliged to give you advance notice and we are not liable to you in this respect.
We therefore encourage you to save copies of any User Content that you post within the Services on your personal devices.
This is the only way to ensure your permanent access to it.
We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, nor shall we have any liability for any User Content.
You control whether your User Content is made publicly available through the Services to all other users of the Services or only to certain individuals you designate.
You can change the default setting that governs how your User Content is made available to other users.
To do this, navigate to the Privacy Settings within the Services and follow the simple and clear steps outlined there.
We shall have no liability with respect to any content or information submitted by users of the Services and published by us or on our behalf on the Services or elsewhere by any third party.
If you wish to make a complaint about information and materials uploaded by other users, or if there are other matters you would like to raise with us, please email us at https://www.tiktok.com/ legal/report/reports.
Our employees work continuously on the further development and evaluation of our own product ideas and functions.
However, we also pride ourselves on the fact that we pay a lot of attention to the interests, feedback, comments and suggestions that the user community brings to us.
If you choose to send us or our employees ideas for products, services, features, changes, enhancements, content, refinements, technologies, content offerings (e.g., audio, video, games, or other types of content), promotions, strategies, or product/feature names or related documentation, graphics, computer code and diagrams, or other materials (collectively: "Feedback"), the following provisions apply.
These ensure that you, as well as us, clearly understand the status of such feedback.
Similarly, if you provide us with feedback:
We have no obligation to review, consider, or act on your feedback, or return any or all feedback to you for any reason;
Feedback is provided on the basis that it is non-confidential in nature.
We are under no obligation to keep the Feedback you submit confidential or to refrain from using or disclosing the Feedback in any way, and
You irrevocably grant to us an unrestricted, nonexclusive, royalty-free, fully transferrable (including sublicensing), perpetual, worldwide, perpetual license to adapt, reproduce, distribute, create derivative works from, modify, publicly perform (including on the basis that you propagates to the relevant audience), public communication, delivery, public presentation and other use and exploitation of the Feedback and derivative works.
This license is valid for all purposes and without limitation.
There is no fee to be paid for this and there is no obligation to name you as the author.
This license includes, but is not limited to, making, using, selling, offering for sale, importing, and promoting commercial products and services that contain or embody Feedback, in whole or in part.
This applies regardless of whether the feedback is used in its original form or in a modified form.
10. Release from Liability
You agree to indemnify and hold harmless TikTok, TikTok's parents, subsidiaries and affiliates and their respective officers, directors, employees, agents and consultants with respect to all claims, liabilities, costs, damages, losses and expenses (including but not limited to attorneys' fees). which is based on or related to: A breach by you (or a user of your account) of these Terms of Service.
This includes, but is not limited to, a breach of your duties, representations and warranties under these Terms of Use.
11. DISCLAIMER OF WARRANTIES
NOTHING IN THESE TERMS OF SERVICE AFFECTS YOUR STATUTORY RIGHTS: (I) RIGHTS WHICH CANNOT BE MODIFIED OR WAIVED IN CONTRACT, AND (II) RIGHTS TO WHICH YOU, AS A CONSUMER, ARE ALWAYS AND UNDER ANY CIRCUMSTANCES, ENTITLED.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THERETO.
IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL SATISFY YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
THE INFORMATION YOU OBTAINED FROM YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR ERROR-FREE AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
TO THE EXTENT PERMITTED BY LAW, NO CONDITIONS, REPRESENTATIONS, WARRANTIES, STATEMENTS OR OTHER PROVISIONS APPLY TO THE SERVICES EXCEPT THOSE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE.
THIS INCLUDES ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY WITH ANY DESCRIPTION.
WE MAY CHANGE, DISCONTINUE, WITHDRAW OR RESTRICT THE AVAILABILITY OF THE PLATFORM, IN WHOLE OR IN PART, AT ANY TIME FOR BUSINESS AND OPERATIONAL REASONS.
WE ARE NOT OBLIGATED TO MAKE A RELEVANT ANNOUNCEMENT.
12. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS OF SERVICE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES TO THE EXTENT EXCLUSION OR LIMITATION WOULD NOT BE LAWFUL UNDER APPLICABLE LAW.
THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, AND LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE ABOVE SECTION, WE WILL HAVE NO LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE IN LAW OR OTHERWISE, UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE PROVISION OR RECEIPT OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE). : (I) LOST PROFITS; (II) LOSS OF GOODWILL; (III) LOST OPPORTUNITIES; (IV) LOSS OF DATA; (V) LOST BUSINESS; (VI) BUSINESS INTERRUPTION; (VII) LOSS OF BUSINESS REPUTATION; OR (VIII) INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.
SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OTHER LEGAL EVENT OR OTHERWISE, UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR THE PROVISION OR RECEIPT OF THE SERVICES, SHALL EXCEED THE AMOUNT LIMITED TO THE GREATER OF THE TWO AMOUNTS DESCRIBED BELOW: (I) THE AMOUNT YOU HAVE PAID TO TIKTOK DURING THE 12 MONTHS IMMEDIATELY PRECEDING YOUR CLAIM AGAINST TIKTOK OR (II) EUR 100.00.
YOU ACKNOWLEDGE AND AGREE THAT SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, WE SHALL HAVE NO LIABILITY TO YOU FOR ANY LIABILITIES, LOSSES, EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT FEES), CLAIM OR DAMAGES INCURRED BY YOU OR OTHER PERSONS OUT OF OR RELATED TO THE FOLLOWING WHEREAS THIS DISCLAIMER WILL APPLY TO LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE), LAW OR ANY OTHER LEGAL REASON: YOUR RELIANCE ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ADVERTISING OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISEMENTS ARE DISPLAYED WITHIN THE SERVICES; CHANGES WE MAKE TO THE SERVICES OR PERMANENT OR TEMPORARILY DISCONTINUATION OF THE PROVISION OF THE SERVICES (OR ANY FEATURES OF THE SERVICES); DELETION, CORRUPTION, OR FAILURE TO STORAGE CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US ACCURATE ACCOUNT INFORMATION OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE MAKE OUR PLATFORM AVAILABLE FOR DOMESTIC AND PRIVATE USE ONLY.
YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES.
AN EXCEPTION WILL ONLY APPLY IF WE HAVE GIVED YOU EXPRESS WRITTEN CONSENT TO DO SO.
IF DEFECTIVE DIGITAL CONTENT WE PROVIDE CAUSES YOUR OWNED DEVICES OR DIGITAL CONTENT TO BE DAMAGED BY OUR FAILURE TO USE REASONABLE CARE AND COMPETENCE, WE WILL BE OBLIGATED TO THE FOLLOWING: RESPONSIBLE FOR FOLLOWING OUR INSTRUCTIONS REGARDING ANY TRANSMISSION OF THE DEVICE TO US OR OUR SERVICE PROVIDER), OR PAYING ANY REASONABLE COMPENSATION.
HOWEVER, WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT COULD HAVE PREVENTED BY FOLLOWING OUR ADVICE TO UPDATE AN UPDATE OFFERED TO YOU FOR FREE.
FURTHER, WE WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR FAILURE TO FOLLOW THE INSTALLATION INSTRUCTIONS OR TO MEET THE MINIMUM SYSTEM REQUIREMENTS THAT WE RECOMMEND.
THESE LIMITATIONS ON OUR LIABILITY APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
YOU ARE RESPONSIBLE FOR ALL CELL PHONE CHARGES INCURRED BY YOUR USE OF OUR SERVICES, INCLUDING SMS AND DATA STREAM CHARGES.
IF YOU ARE UNSURE OF THE SPECIFIC FEES MAY APPLY, YOU MUST CONSULT YOUR CELLULAR PROVIDER BEFORE USING THE SERVICES.
13. Miscellaneous Provisions
Governing Law and Jurisdiction
EEA and Swiss Residents These Terms of Use and any dispute or claim (including non-contractual disputes and claims) arising out of or in connection with the subject matter of these Terms of Use shall be governed by the laws of Ireland.
In addition, only the law that is mandatory in your country of residence applies.
The United Nations Convention on Contracts for the International Sale of Goods does not apply, nor do any other similar laws, regulations or statutes that apply in other jurisdictions.
You and TikTok agree to the non-exclusive jurisdiction of the courts located in Ireland to settle any dispute or claim (including non-contractual disputes and claims) arising out of or in connection with these Terms of Service, the subject matter of this Agreement or its reasoning.
This is subject to mandatory local law applicable in your country of residence or contractual jurisdiction clauses which cannot be waived.
Alternatively, you can raise the dispute with an alternative dispute resolution body.
This is done via the EU Commission's platform for online dispute resolution (OS platform).
UK Residents These Terms of Use and any dispute or claim (including non-contractual disputes and claims) arising out of or in connection with the subject matter of these Terms of Use shall be governed by the laws of England and Wales.
The United Nations Convention on Contracts for the International Sale of Goods does not apply, nor do any other similar laws, regulations or statutes that apply in other jurisdictions.
You and TikTok agree to the non-exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim (including non-contractual disputes and claims) arising out of or in connection with these Terms of Use or their subject matter or formation.
Alternatively, you can raise the dispute with an alternative dispute resolution body.
This is done via the EU Commission's platform for online dispute resolution (OS platform).
Open Source The Apps contain certain open source software.
This open source software is each subject to its own applicable license terms.
You can find these in our Open Source Policy.
Entire Agreement These Terms of Service (including the Supplemental Terms below) constitute the entire legal agreement between you and TikTok.
They supersede any previous applicable terms of service or terms of use that applied to the Services prior to the date identified as "Last Updated" above.
No Waiver Our failure to insist on or enforce any term of these Terms of Use (or to exercise any other right or remedy under these Terms of Use) shall not be construed as a waiver of any term or right under these Terms of Use.
This does not prevent or limit the future exercise of this or any other right or remedy.
Security You are responsible for configuring your information technology, computer programs and your own platform to access our platform.
You should use your own virus protection software.
Severability If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid, illegal or unenforceable, that provision shall be deemed to be deleted from the Terms of Use.
This has no effect on the other provisions of these Terms of Use.
These remain valid and enforceable.
Any questions?
Please fill out the form at https://www.tiktok.com/legal/report/feedback.
Consequences of Termination In the event of termination of the legally binding agreement between you and us, the following provisions of the Terms of Use will survive termination:
Our right to use and disclose Feedback as described in clause 9.
Reshare the rights of other users to further reshare User Content and other information that you have shared with others through the Services to the extent that you shared them with others prior to termination.
Any amounts you owe to TikTok
The digits 10, 11, 12 and 13.
14. Special Local Rules
14.1 Additional provisions apply to users residing in the Federal Republic of Germany, which you can find here.
Supplemental Terms - App Stores
To the extent permitted by applicable law, the following supplemental provisions apply:
Notice Regarding Apple By accessing the Platform through a device manufactured by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
These Terms of Service are between you and TikTok.
Apple is not a party to these Terms of Service.
The license granted to you under these Terms of Service is a personal, limited, non-exclusive, non-transferable right to install the Platform for your personal, non-commercial use on the Apple-authorized Apple device(s) that you own owned or controlled by you.
The "Usage Rules" set out in Apple's App Store Terms of Use apply.
Apple is not responsible for the Platform or its content and has no obligation to provide any maintenance or support services related to the Platform.
If the Platform fails to comply with an applicable warranty, i.e. is defective, you may report it to Apple and Apple will refund you the purchase price of the Platform, if applicable.
To the maximum extent permitted by applicable law, Apple makes no warranties of any kind with respect to the Platform.
Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession or use of the same.
This includes in particular: (a) product liability claims; (b) any claim that the Platform fails to comply with any applicable legal or regulatory requirement; and (c) any claim under consumer protection or similar legislation.
If a third party claims that the Platform or your possession and use of the Platform infringes that third party's intellectual property right, Apple will not be responsible for the investigation, defense, settlement, or discharge of such intellectual property infringement claim.
You represent and warrant that: (a) you do not reside in a country that is embargoed by the United States government or has been designated a "terrorist supporting country" by the United States government; and (b) you are not located in listed by the United States government as prohibited or restricted parties.
Apple and its affiliates are third-party beneficiaries of these Terms of Service.
By agreeing to the terms and conditions of these Terms of Service, Apple acquires the right to enforce these Terms of Service against you as its third-party beneficiary.
This right is deemed to have been accepted by Apple.
TikTok expressly authorizes the use of the platform by multiple users via so-called Family Sharing or a similar function provided by Apple.
Windows Phone Store By downloading the Platform from the Windows Phone Store (or its successors in title), operated by Microsoft, Inc. or one of its affiliates ("Microsoft"), you specifically acknowledge and agree that:
You are permitted to install and use one copy of the Platform on up to 5 (five) Windows Phone enabled devices associated with the Microsoft account you use to access the Windows Phone Store.
In addition to this condition, we reserve the right to impose additional conditions or charge additional fees.
You acknowledge that Microsoft, your mobile phone manufacturer and your network operator have no obligation to provide any maintenance and support services related to the Platform.
Amazon Appstore By downloading the Platform from the Amazon Appstore (or its successors in title), operated by Amazon Digital Services or its affiliates ("Amazon"), you specifically acknowledge and agree that:
In the event of any conflict between (a) the Amazon Appstore Terms of Service and the other terms and conditions that Amazon designates as the default Amazon Appstore End User License Terms (collectively, the “Amazon Appstore End User License Terms”), and (b) the other terms and conditions of these Terms of Use, the Amazon Appstore End User License Terms apply to your use of the platform downloaded from the Amazon Appstore.
Amazon shall have no responsibility or liability whatsoever with respect to TikTok's or you (or any other user)'s compliance or non-compliance with these Terms of Service or the Amazon Appstore End User License Terms.
Google Play By downloading the Platform from Google Play (or its successors), operated by Google, Inc. or one of its affiliates ("Google"), you acknowledge and agree that:
In the event of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or other terms that Google designates as standard Google Play End User License Terms (collectively, the “Google Play Terms”) , and (b) the other terms and conditions of these Terms of Service, the Google Play Terms govern your use of the Platform Downloaded from Google Play.
You hereby acknowledge that Google shall have no responsibility or liability whatsoever with respect to TikTok's or you (or any other user's) compliance or non-compliance with these Terms of Service or the Google Play Terms.