CapCut Terms of Service

20260811_rev01 · COMPARED WITH 20260201_rev01

Full text changes — 20260201_rev01 to 20260811_rev01

11**Terms of Service**
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3Last updated: January 22, 2026
3Last updated: April 15, 2026
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5**General Terms - All Users**
5**General Terms - All United States Users**
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77**1\. Your Relationship With Us**
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9Welcome to CapCut (the "**Platform**"). These Terms of Service (these "**Terms**"), as may be amended from time to time, govern the relationship and serve as an agreement between you and **Bytedance Pte. Ltd.** (the "**Company**", "**we**", or "**us**") and set forth the terms and conditions by which you may access and use the Platform and our related services, applications, websites, products and/or content (collectively, the "**Services**"). For purposes of these Terms, "**you**" and "**your**" mean you as the user of the Services.
9Welcome to CapCut (the "**Platform**"). These Terms of Service (these "**Terms**"), as may be amended from time to time, apply to United States users and govern the relationship and serve as an agreement between you and TikTok USDS Joint Venture LLC ("**TikTok USDS Joint Venture**," "**we**," or "**us**") and set forth the terms and conditions by which you may access and use the Platform and our related services, applications, websites, products and/or content (collectively, the "**Services**"). We work with service providers and business partners, such as BD TikTok USA LLC and its affiliates (hereinafter referred to as "**TT Commerce & Global Services**") in accordance with applicable laws including the Executive Order 14352 and any compliance obligations thereunder, and our affiliates, in order to provide certain important functions of the Platform and the Services so that you and other users can use them and enjoy a global experience, including in connection with commercial services and activities.
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11The Platform includes the CapCut mobile software applications ("**CapCut APP**"), software applications deployed on the desktop ("**CapCut Desktop version**"), the CapCut official website ("**CapCut Web version**"), the CapCut Commerce Pro and Pippit web platforms and mobile applications ("**Pippit**"), CapCut services in other forms now existing or hereafter devised, related Software Development Kit ("**SDK**"), and Application Programming Interface ("**API**") for you through third party websites and other software applications to access and use the Platform and the Services. The version of the Platform may differ for factors such as the jurisdiction from which you access the Platform and the device you use. The Services, in full or in part, may not be available in all jurisdictions, for all devices or in all languages. You should obtain, download, and install the appropriate version according to the actual device conditions of your jurisdiction.
11For purposes of these Terms, "**you**" and "**your**" mean you as the user of the Services.
1212
13You can access the Platform and obtain the Services through the software application pre-installed in hardware devices or downloaded from third party platforms authorized by us, and/or by accessing CapCut official websites. Unofficial versions of CapCut obtained via any other platforms or websites are not authorized by us, and we are not responsible for their contents. If you suffer any losses as a result, we shall not be liable for your losses, which you alone will bear.
13The Platform includes the CapCut mobile software applications ("**CapCut APP**"), software applications deployed on the desktop ("**CapCut Desktop version**"), the CapCut official website ("**CapCut Web version**"), the Pippit web platform and mobile application ("**Pippit**"), CapCut services in other forms now existing or hereafter devised, related Software Development Kit ("**SDK**"), and Application Programming Interface ("**API**") for you through third-party websites and other software applications to access and use the Platform and the Services. The version of the Platform may differ for factors such as the jurisdiction from which you access the Platform and the device you use. The Services, in full or in part, may not be available in all jurisdictions, for all devices or in all languages. You should obtain, download, and install the appropriate version according to the actual device conditions of your jurisdiction.
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15You can access the Platform and obtain the Services through the software application pre-installed in hardware devices or downloaded from third-party platforms authorized by us, and/or by accessing CapCut official websites. Unofficial versions of CapCut obtained via any other platforms or websites are not authorized by us, and we and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors are not responsible for their contents. If you suffer any losses as a result, TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors shall not be liable for your losses, which you alone will bear.
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1517These Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
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17The Services are only intended for individuals 13 years old and older, with additional limits that may be set forth in the "Supplemental Terms - Jurisdiction Specific". In addition, if you are above this age threshold but are under 18 years old or the applicable age of majority in the jurisdiction you reside in, you may only access or use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
19The Services are only intended for individuals 13 years old and older. In addition, if you are above this age threshold but are under 18 years old or the applicable age of majority in the jurisdiction you reside in, you may only access or use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
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1921**2\. Accepting these Terms**
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21By accessing or using our Services, you confirm that you can form a binding contract with the Company, that you accept these Terms (including any supplemental terms appended hereto) and that you agree to comply with them. Your access to and use of our Services are also subject to our [Privacy Policy](http://www.capcut.com/clause/privacy-policy) and [Community Guidelines](https://www.capcut.com/clause/community-guideline) (where applicable), the terms of which can be found directly on the Platform, on your mobile device's applicable store, or where else the Platform is made available for download, and such terms are incorporated herein by reference. You may also be subject to additional terms and policies for your access or use of certain new features of the Platform, certain Services and/or certain content. Such additional terms and policies shall form part of these Terms.
23By accessing or using our Services, you confirm that you can form a binding contract with TikTok USDS Joint Venture, that you accept these Terms (including any supplemental terms appended hereto) and that you agree to comply with them.
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25Your access to and use of our Services are also subject to our [Privacy Policy](https://www.capcut.com/clause/privacy-policy), [Community Guidelines](https://www.capcut.com/clause/community-guideline) (where applicable), [Materials License Agreement](https://www.capcut.com/clause/material-license-agreement), and additional terms and policies that are otherwise made available to you ("Additional Terms"), the terms of which can be found directly on the Platform, on your mobile device's applicable store, or where else the Platform is made available for download, and such terms are incorporated herein by reference. You may also be subject to additional terms and policies for your access or use of certain new features of the Platform, certain Services and/or certain content. Such additional terms and policies shall form part of these Terms. If any specific provision of the Additional Terms conflicts with these Terms, the specific provision of the Additional Terms will prevail with respect to your use of the applicable services.
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2327If you are accessing or using the Services on behalf of a business or entity, then (a) "you" and "your" includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms, and that you agree to these Terms on behalf of the business or entity, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others, regardless of whether or not they are affiliated with your business or entity, including any employees, agents or contractors.
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25You should print off or save a local copy of these Terms for your records.
29**3\. Changes to these Terms**
2630
27**3.** **Supplemental Terms**
31We may amend or update these Terms from time to time, to reflect changes, updates or new features to the Platform and/or Services, or when there are regulatory changes. We will notify you of any material changes by updating the "Last Updated" date at the top of the new Terms or providing any other notice as required by applicable law. You agree to regularly check such notices and review these Terms regularly to stay informed of our latest practices.
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29If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the "Supplemental Terms - Jurisdiction Specific" section below. In the event of a conflict between the provisions of the "Supplemental Terms - Jurisdiction Specific" that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdiction's "Supplemental Terms - Jurisdiction Specific" will supersede and control with respect to your use of the Services from that jurisdiction.
33Your continued access to or use of the Platform and/or Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop accessing or using the Platform and Services.
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31**4\. Changes to these Terms**
35You should print off or save a local copy of these Terms for your records.
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33We may amend or update these Terms from time to time, to reflect changes, updates or new features to the Platform and/or Services, or when there are regulatory changes. We will use commercially reasonable efforts to notify you of any material changes to these Terms, such as through a notice on the Platform or by other means. You should check such notices and review these Terms regularly to stay informed of our latest practices.
37**4\. Your Account with Us**
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35Each time when we update these Terms, we will also update the "Last Updated" date at the top of these Terms. The "Last Updated" date reflects the effective date of the updated Terms. Your continued access to or use of the Platform and/or Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop accessing or using the Platform and Services.
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37**5.** **Your Account with Us**
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3939To access or use some of our Services, you must create an account with us. When you create this account, you must provide us with true, accurate, complete and current information. It is important that you maintain and promptly update your account details and any other information you provide to us, to keep such information true, accurate, complete and current.
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41It is important that you keep your account login details confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: [capcut.support@bytedance.com](mailto:capcut.support@bytedance.com) for CapCut or [support@mail.pippit.ai](mailto:support@mail.pippit.ai) for Pippit.
41It is important that you keep your account login details confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: [support@us.capcut.com](mailto:support@us.capcut.com) for CapCut or [ussupport@us.pippit.ai](mailto:ussupport@us.pippit.ai) for Pippit.
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4343You acknowledge and agree that:
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451. you are solely responsible (to us and to others) for all activities on the Platform that occur under or through using your account. If you are accessing the Platform or using the Services on behalf of a business or entity, all such activities will be attributable to and binding on such business or entity; and
462. the Company and its affiliates may, but shall have no obligations to, monitor activities on the Platform that occur under or through using your account, but shall not be responsible for any losses incurred by you as a result of or arising from any unauthorized access to your account.
45you are solely responsible (to us, our affiliates, service providers, and business partners, including TT Commerce & Global Services, and to others) for all activities on the Platform that occur under or through using your account. If you are accessing the Platform or using the Services on behalf of a business or entity, all such activities will be attributable to and binding on such business or entity; and
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47TikTok USDS Joint Venture and its affiliates may, but shall have no obligations to, monitor activities on the Platform that occur under or through using your account, but shall not be responsible for any losses incurred by you as a result of or arising from any unauthorized access to your account.
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4849We reserve the right to temporarily or permanently suspend or terminate your account or take other remedies available to us with or without notice at any time, for no reason or any reason, including without limitation:
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501. if you have failed to comply with any of the provisions of these Terms or any applicable laws;
512. if activities occur under your account which, in our sole discretion, would or might cause damage to us or other users, impair our ability to provide the Platform or Services, or infringe on or violate any third party rights (including intellectual property rights);
523. in response to requests by law enforcement or other government agencies;
534. due to unexpected technical or security issues or problems; or
545. if your account remains inactive for a certain period.
51if you have failed to comply with any of the provisions of these Terms or any applicable laws;
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56In the case where we decide to permanently suspend or terminate your account or take other remedies, we will notify you in advance in order to allow you time to access and save your information and content, unless it is inappropriate for us to do so, we reasonably believe that continued access to your account will cause damage to us, our users, affiliates or other third parties, or we are legally prevented from doing so.
53if activities occur under your account which, in our sole discretion, would or might cause damage to us, our affiliates, service providers, or business partners, including TT Commerce & Global Services, or other users, impair our ability to operate the Platform or Services, or infringe on or violate any third-party rights (including intellectual property rights);
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55in response to requests by law enforcement or other government agencies;
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57due to unexpected technical or security issues or problems; or
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59if your account remains inactive for a certain period.
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61In the case where we decide to permanently suspend or terminate your account or take other remedies, we will notify you in advance in order to allow you time to access and save your information and content, unless it is inappropriate for us to do so, we reasonably believe that continued access to your account will cause damage to us, our users, our affiliates, service providers, or business partners, including TT Commerce & Global Services, or other third parties, or we are legally prevented from doing so.
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5863Subject to any statutory rights you might have under applicable laws, if your account is temporarily or permanently suspended or terminated, access to your account, and any related information or content associated with your account may be temporarily or permanently suspended or terminated accordingly. As we do not guarantee the permanent availability of your content, you should regularly make backups of any content you value.
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60If you no longer want to use or access the Platform and our Services, you can choose to delete your account through the "Manage account" page on the Platform. Alternatively, you can also request the deletion of your account by contacting us via [capcut.support@bytedance.com](mailto:capcut.support@bytedance.com) or by completing the webform at [https://www.capcut.com/privacy-requests](https://www.capcut.com/privacy-requests) for CapCut, or by contacting us via [privacy.pippit@bytedance.com](mailto:privacy.pippit@bytedance.com) for Pippit, after which we will provide you with further assistance and guide you through the account deletion process. Please be aware that once you choose to delete your account, you will not be able to reactivate your account, retrieve any of your account data, or any of the content or information you have uploaded, created, edited, shared, received from other users or are otherwise associated with your account.
65If you no longer want to use or access the Platform and our Services, you can choose to delete your account through the "Manage account" page on the Platform. Alternatively, you can also request the deletion of your account by contacting us via [support@us.capcut.com](mailto:support@us.capcut.com) or completing the webform at [https://www.capcut.com/us-privacy](https://www.capcut.com/us-privacy) for CapCut, or by contacting us via [ussupport@us.pippit.ai](mailto:ussupport@us.pippit.ai) for Pippit, after which we will provide you with further assistance and guide you through the account deletion process. Please be aware that once you choose to delete your account, you will not be able to reactivate your account, retrieve any of your account data, or any of the content or information you have uploaded, created, edited, shared, received from other users or are otherwise associated with your account.
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6267Termination of your account will terminate your access or use of the Platform and the Services.
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6469As used in these Terms, "applicable laws" shall refer to all applicable laws, regulations, rules, statutes, codes, ordinances, orders, writs, decrees or other requirements enacted by a government authority, as amended from time to time.
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66**6.** **Your Access to and Use of Our Services**
71**5\. Your Access to and Use of Our Services**
6772
6873Your access to and use of the Services is subject to these Terms and applicable laws. You agree to use the Services only for purposes expressly permitted under these Terms and applicable laws.
6974
7075You may not:
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721. access or use the Services if you are not fully able and legally competent to agree to these Terms or if your parent or legal guardian does not consent to your use of the Services, or if you are not authorized to use the Services by the business or entity that you represent;
732. take or attempt to take any of the following actions: copy, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works based on, the Services, including any files, tables or documentation (or any portion thereof) (except as expressly permitted under these Terms) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
743. modify or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notices or marks displayed on or through the Services;
754. distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof or use the Services or any derivative works thereof in a manner which is not authorized by us;
765. market, rent or lease the Services for a fee or charge or for free;
776. interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or circumvent or bypass any measures we may use to prevent or restrict access to the Services;
787. incorporate the Services or any portion thereof into any other program or product, except as expressly permitted under these Terms;
798. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
809. use automated scripts or other technologies to collect information from or otherwise interact with the Services;
8110. use the Services to upload, transmit, distribute, store or otherwise make available computer codes (including malware or software), files or content that contain viruses, Trojans, worms, spyware, adware, key loggers, logic bombs or any other material that is malicious, technologically harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorized disclosure or destruction or corruption of data ("Harmful Code");
8211. use the Services in a manner that violates or infringes on any third party's rights of publicity, privacy, intellectual property or other rights;
8312. use the Services to troll, bully, harass, intimidate, cause distress to, threaten, hurt, embarrass, upset, defame, provoke or antagonize any other person;
8413. use the Services to communicate or make available any material or content which (i) is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; (ii) would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; (iii) is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; (iv) contains a threat of any kind, including threats of physical violence; or (v) is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality; or
8514. engage in any other conduct which restricts or inhibits any person from using or enjoying the Services, or which, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
77access or use the Services if you are not fully able and legally competent to agree to these Terms or if your parent or legal guardian does not consent to your use of the Services, or if you are not authorized to use the Services by the business or entity that you represent;
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79take or attempt to take any of the following actions: copy, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works based on, the Services, including any files, tables or documentation (or any portion thereof) (except as expressly permitted under these Terms) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
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81modify or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notices or marks displayed on or through the Services;
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83distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof or use the Services or any derivative works thereof in a manner which is not authorized by us;
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85market, rent or lease the Services for a fee or charge or for free;
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87interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or circumvent or bypass any measures we may use to prevent or restrict access to the Services;
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89incorporate the Services or any portion thereof into any other program or product, except as expressly permitted under these Terms;
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91impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
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93use automated scripts or other technologies to collect information from or otherwise interact with the Services;
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95use the Services to upload, transmit, distribute, store or otherwise make available computer codes (including malware or software), files or content that contain viruses, Trojans, worms, spyware, adware, key loggers, logic bombs or any other material that is malicious, technologically harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorized disclosure or destruction or corruption of data ("**Harmful Code**");
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97use the Services in a manner that violates or infringes on any third party's rights of publicity, privacy, intellectual property or other rights;
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99use the Services to troll, bully, harass, intimidate, cause distress to, threaten, hurt, embarrass, upset, defame, provoke or antagonize any other person;
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101use the Services to communicate or make available any material or content which (i) is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; (ii) would constitute, encourage or provide instructions for a criminal offense, dangerous activities or self-harm; (iii) is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; (iv) contains a threat of any kind, including threats of physical violence; or (v) is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality; or
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103engage in any other conduct which restricts or inhibits any person from using or enjoying the Services, or which, in our sole judgment, exposes us, our affiliates, service providers, or business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors, or any of our users or any other third party to any liability, damages, or detriment of any type.
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87105In addition to the above, your access to and use of the Services must, at all times, be compliant with our [Community Guidelines](https://www.capcut.com/clause/community-guideline).
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89We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content which is objectionable, in violation of these Terms or our [Community Guidelines](https://www.capcut.com/clause/community-guideline), or is otherwise harmful to the Services or our users. You acknowledge that your violation of these Terms or applicable laws may result in civil, criminal or other liabilities. We reserve the right to report your violation(s) to law enforcement authorities, temporarily or permanently suspend or terminate your access or take other remedies available to us.
107We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content which is objectionable, in violation of these Terms or our [Community Guidelines](https://www.capcut.com/clause/community-guideline), or is otherwise harmful to the Services, our service providers and business partners, such as TT Commerce & Global Services, and our affiliates, or our users. You acknowledge that your violation of these Terms or applicable laws may result in civil, criminal or other liabilities. We reserve the right to report your violation(s) to law enforcement authorities, temporarily or permanently suspend or terminate your access or take other remedies available to us.
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91**7.** **Service Plans, Renewal, Cancellation and Refund**
109**6\. Service Plans, Renewal, Cancellation and Refund**
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93**Service Plans**
111Service Plans
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95Depending on the services we provide in your region, it is possible that some of the Services are provided to you free-of-charge ("**Free Services**") while other Services require payment before you can use them, including but not limited to CapCut Standard (where applicable), CapCut Pro and other related Services ("**Premium Services**", collectively with Free Services, "**Service Plans**"). Whether you use Free Services or purchase or subscribe to Premium Services, you must always use those Service Plans in accordance with these Terms and applicable laws.
113It is possible that some of the Services are provided to you free-of-charge ("**Free Services**") while other Services require payment before you can use them, including but not limited to CapCut Standard (where applicable), CapCut Pro, Pippit Starter, and other related Services ("**Premium Services**", collectively with Free Services, "**Service Plans**"). The Premium Services on CapCut and Pippit in the United States will be provided by TT Commerce & Global Services, in accordance with applicable laws including the Executive Order 14352 and any compliance obligations thereunder. Whether you use Free Services or purchase or subscribe to Premium Services, you must always use those Service Plans in accordance with these Terms and applicable laws.
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97For more details of the Premium Services which we will provide you with, please refer to the detailed service descriptions on the purchase page of the relevant Premium Services on the Platform. Unless it is otherwise mandated by applicable laws of your jurisdiction, we reserve the right to change our Service Plans including, by adjusting the features or services available or by adjusting pricing for the Premium Services in any manner and at any time as we may determine in our sole and absolute discretion, which will not, without cause, affect the Services and rights you have purchased and acquired under these Terms before such changes take effect.
115For more details of the Premium Services, please refer to the detailed service descriptions on the purchase page of the relevant Premium Services on the Platform. We reserve the right to change our Service Plans including, by adjusting the features or services available or by adjusting pricing for the Premium Services in any manner and at any time as we may determine in our sole and absolute discretion, which will not, without cause, affect the Services and rights you have purchased and acquired under these Terms before such changes take effect.
98116
99117We may develop different versions of this Platform with different Services for different terminal devices in different regions. You should obtain, download and install the appropriate version for your device and jurisdiction.
100118
101If you purchase or subscribe to any of our Premium Services, you must first create an account on the Platform and login to the Platform. The Premium Services are only available to users of (i) the Apple iOS App version of the Platform who have a valid Apple ID account, (ii) the Google Android OS App version of the Platform who have a valid Google account or (iii) the CapCut Web version of the Platform who have a valid CapCut account.
119If you purchase or subscribe to any of the Premium Services, you must first create an account on the Platform and login to the Platform. The Premium Services are only available to users of (i) the Apple iOS App version of the Platform who have a valid Apple ID account, (ii) the Google Android OS App version of the Platform who have a valid Google account or (iii) the CapCut Web version of the Platform who have a valid CapCut account.
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103You may purchase or subscribe to any of our Premium Services by paying via your Apple ID account, Google account and/or CapCut account (as applicable), by paying the applicable purchase or subscription fees and taxes in the applicable currency of your jurisdiction. Unless you are a resident within the UK, EU or EEA or it is otherwise mandated by applicable laws of your jurisdiction, all Premium Services fees displayed to you are exclusive of taxes, and you agree that you may be charged with any applicable taxes in addition to the Premium Services fees. Failure to pay these fees and taxes will result in the failure, suspension or termination of your access to the Premium Services.
121You may purchase or subscribe to any of the Premium Services by paying via your Apple ID account, Google account and/or CapCut account (as applicable), by paying the applicable purchase or subscription fees and taxes in the applicable currency of your jurisdiction. Unless it is otherwise mandated by applicable laws of your jurisdiction, all Premium Services fees displayed to you are exclusive of taxes, and you agree that you may be charged with any applicable taxes in addition to the Premium Services fees. Failure to pay these fees and taxes will result in the failure, suspension or termination of your access to the Premium Services.
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105You may purchase or subscribe to the Premium Services under a fixed billing period or an automatic renewal subscription fee in advance on a monthly basis (or another interval set on the purchase page of the relevant Premium Services on the Platform or otherwise notified to you prior to your subscription) or in accordance with other payment arrangement available.
123You may purchase or subscribe to the Premium Services under a fixed billing period or an automatic renewal subscription fee in advance on a monthly basis (or another interval set on the purchase page of the relevant Premium Services on the Platform or otherwise notified to you prior to your subscription) or in accordance with other available payment arrangements.
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107125If you purchase the Premium Services under an automatic renewal arrangement, you agree that (a) Apple, Google and/or CapCut (as applicable) may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Premium Services, and (b) Apple, Google and/or CapCut (as applicable) may calculate taxes payable by you based on the billing information that you provide at the time of purchase.
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109127Unless it is otherwise mandated by applicable laws of your jurisdiction, we reserve the right to change our Services Plans or adjust pricing for the Premium Services in any manner and at any time as we may determine in our sole and absolute discretion and will communicate any such changes to you in advance. Such changes will not, without cause, affect the Services and rights you have already purchased and acquired under these Terms prior to such changes taking effect. Such changes, especially price changes, will not take effect immediately at the time of renewal of your subscription, unless you explicitly agree otherwise. You always have the right to terminate your subscription to the Premium Services at any time and voluntarily choose a different Service Plan. As such, you should make sure you read our notices of Service Plan changes carefully.
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111You can find information about the pricing of the Premium Services either on the purchase page of our Premium Services or the Platform's description page in Apple App Store and/or Google Play (as applicable). All subscriptions on the CapCut APP version are payable through your Apple ID and/or Google account and such payments will be processed in accordance with the terms and conditions of the Apple App Store and/or Google Play. Subscriptions on CapCut Web version are payable through your CapCut account and such payments will be processed in accordance with these Terms, the terms and conditions of third party payment service providers and/or additional payment terms.
129You can find information about the pricing of the Premium Services either on the purchase page of the Premium Services or the Platform's description page in Apple App Store and/or Google Play (as applicable). All subscriptions on the CapCut APP version are payable through your Apple ID and/or Google account and such payments will be processed in accordance with the terms and conditions of the Apple App Store and/or Google Play. Subscriptions on CapCut Web version are payable through your CapCut account and such payments will be processed in accordance with these Terms, the terms and conditions of third-party payment service providers and/or additional payment terms. Subscriptions on the Pippit Web version are payable through your Pippit account and such payments will be processed in accordance with these Terms, the terms and conditions of third-party payment service providers and/or additional payment terms.
112130
113131**Renewal and Cancellation of Premium Services**
114132
115Depending on the Premium Services we provide in your region, you may choose the type of Premium Services you would like to purchase or subscribe to.
133You may choose the type of Premium Services you would like to purchase or subscribe to.
116134
117135If you subscribe to the Premium Services for a fixed term arrangement, your subscription will automatically end upon the subscription term expiring.
118136
119If you subscribe to the Premium Services under an automatic renewable arrangement, your subscription will automatically renew for an additional period equal in duration to your preceding subscription term, unless indicated otherwise on the Platform. Your payment will automatically be charged at the start of each new subscription term for the fees applicable to that term, unless you cancel or change your subscription to the Premium Services before the end of the then-current subscription period applicable to you. If you do not want to continue to be charged on a recurring basis, you must cancel your subscription to the Premium Services through your Apple ID account, Google account and/or CapCut account (as applicable) before the end of the then-current subscription period. You can learn more about how to cancel your subscription of our Services in the FAQ. If so cancelled, you will still have access to the Premium Services until the end of the then-current subscription period and be charged the full subscription fee for such subscription period unless otherwise set forth in the "Supplemental Terms - Jurisdiction Specific" section below or required by applicable law, e.g., if you cancel the subscription for cause. After the cancellation takes effect on the last day of the then-current subscription period, you will be downgraded to the Free Services automatically.
137If you subscribe to the Premium Services under an automatic renewable arrangement, your subscription will automatically renew for an additional period equal in duration to your preceding subscription term, unless indicated otherwise on the Platform. Your payment will automatically be charged at the start of each new subscription term for the fees applicable to that term, unless you cancel or change your subscription to the Premium Services before the end of the then-current subscription period applicable to you. If you do not want to continue to be charged on a recurring basis, you must cancel your subscription to the Premium Services through your Apple ID account, Google account and/or CapCut account (as applicable) before the end of the then-current subscription period. You can learn more about how to cancel your subscription of our Services in the FAQ. If so cancelled, you will still have access to the Premium Services until the end of the then-current subscription period and be charged the full subscription fee for such subscription period unless otherwise required by applicable law, e.g., if you cancel the subscription for cause. After the cancellation takes effect on the last day of the then-current subscription period, you will be downgraded to the Free Services automatically.
120138
121139**Refund policy**
122140
123Unless otherwise set forth in the "Supplemental Terms - Jurisdiction Specific" section below, if you subscribe the Premium Services (either on fixed-term basis or on automatic renewal basis), you may, with or without reason, cancel your subscription of the Premium Services with a full refund within 14 calendar days following the start of your subscription to the Premium Services, provided that you do not have any usage of the Premium Services in any form whatsoever since you subscribed to the Premium Services. If you believe you are entitled to receive a refund, please contact us via [capcut.support@bytedance.com](mailto:capcut.support@bytedance.com) for CapCut or [support@mail.pippit.ai](mailto:support@mail.pippit.ai) for Pippit for further information on refund procedure. Any refund of subscription fees will be made with the same payment method you used for payment of the subscription fees. You agree to comply with this refund policy and any of our further communications with you on refund, if any.
141If you subscribe the Premium Services (either on fixed-term basis or on automatic renewal basis), you may, with or without reason, cancel your subscription of the Premium Services with a full refund within 14 calendar days following the start of your subscription to the Premium Services, provided that you do not have any usage of the Premium Services in any form whatsoever since you subscribed to the Premium Services. If you believe you are entitled to receive a refund, please contact us via [support@us.capcut.com](mailto:support@us.capcut.com) for CapCut or [ussupport@us.pippit.ai](mailto:ussupport@us.pippit.ai) for Pippit for further information on refund procedures. Any refund of subscription fees will be made with the same payment method you used for payment of the subscription fees. You agree to comply with this refund policy and any of our further communications with you on refund, if any.
124142
125143Notwithstanding the foregoing, if you subscribe to Premium Services through Apple Pay or Google Pay, your cancellation and refund is further subject to the terms and conditions of Apple App Store or Google Play. You will continue to have access to the Premium Services until your subscription payment is refunded by Apple or Google.
126144
127145The above does not exclude or limit your right to refund, in full or in part, if the applicable laws require us to make such a refund to you.
128146
129**8\. Cloud Space Services**
147**7\. Cloud Space Services**
130148
131149You acknowledge and agree that we have no obligation to provide or continue to provide any user with Cloud Space Services for free and we reserve the rights to upgrade / degrade / suspend our Cloud Space Services from time to time.
132150
133151You may access cloud storage space by subscribing to the relevant Premium Services, if such Premium Services are made available to you. Depending on the relevant Service Plans applicable to you, the storage capacity of the cloud space allocated to you may differ. The allocated storage capacity applicable to the Premium Services you purchase will be displayed to you on the relevant Premium Services description page or when you make the purchase. You shall not use storage capacity exceeding the allocated storage capacity. You may also have access to our Cloud Storage Services through other ways in certain regions.
134152
135153Apart from the above-mentioned allocated cloud storage space, where applicable, users may also access more cloud storage space by purchasing additional packages of Cloud Space Services. The details of such packages of Cloud Space Services will be displayed to you on the relevant Cloud Space Services description page or when you make the purchase.
136154
137155Following the termination or expiration of your then current subscription term of your Premium Services or Cloud Space Services packages, your cloud space storage capacity will be suspended automatically.
138156
139We will use commercially reasonable efforts to notify you in advance if the cloud space storage capacity applicable to you will be suspended or cleared up. Within the time limit that we notify you of in advance, you should transfer and back up your content (including but not limited to your video drafts, photos, stickers and other materials) stored in the cloud space provided by the Platform before the expiration of such Service Plan, and ensure that the content you store does not exceed the storage capacity that you are entitled to use, so as to avoid the loss of your content and data due to the absence of sufficient cloud space storage capacity.
157We will use commercially reasonable efforts to notify you in advance if the cloud space storage capacity applicable to you will be suspended or cleared up. Within the time limit that we notify you of in advance, you should transfer and back up your content (including but not limited to your video drafts, photos, stickers and other materials) stored in the cloud space operated by the Platform before the expiration of such Service Plan, and ensure that the content you store does not exceed the storage capacity that you are entitled to use, so as to avoid the loss of your content and data due to the absence of sufficient cloud space storage capacity.
140158
141In addition to these Terms, you shall comply with the applicable laws and other restrictions related to the Cloud Space Services (e.g., file type restriction, format restriction, document size limit). If your use violates these Terms, applicable laws or other restrictions, we have the right to take corresponding measures, such as suspending or terminating your access to the Cloud Space Services, deleting your content which exceeds your entitled storage capacity or that fails to comply with these Terms, applicable laws or other restrictions related to such Cloud Space Services feature.
159In addition to these Terms, you shall comply with the applicable laws and other restrictions related to the Cloud Space Services (e.g., file type restriction, format restriction, document size limit). If your use violates these Terms, applicable laws or other restrictions, TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors have the right to take corresponding measures, such as suspending or terminating your access to the Cloud Space Services, deleting your content which exceeds your entitled storage capacity or that fails to comply with these Terms, applicable laws or other restrictions related to such Cloud Space Services feature.
142160
143You should always back up your content. We are not liable for any loss of your content or data stored by using the Cloud Space Services feature to the extent permitted by applicable laws.
161You should always back up your content. TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors are not liable for any loss of your content or data stored by using the Cloud Space Services feature to the extent permitted by applicable laws.
144162
145**9\. Intellectual Property Rights**
163**8\. Intellectual Property Rights**
146164
147The Services, including the Platform and Company Content (as defined in Section 10), are protected under the laws of copyright, patent, trademarks and other applicable intellectual property rights. All intellectual property rights of the Services provided by us are owned by us or our third party licensors to the full extent permitted under applicable laws, subject to these Terms. Unless expressly permitted in these Terms, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
165The Services, including the Platform and Company Content (as defined in Section 9), are protected under the laws of copyright, patent, trademarks and other applicable intellectual property rights. All intellectual property rights of the Services operated by us are owned by us, our service providers and business partners, such as TT Commerce & Global Services, our affiliates, or our third-party licensors to the full extent permitted under applicable laws, including the Executive Order 14352 and any compliance obligations thereunder, subject to these Terms. Unless expressly permitted in these Terms, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
148166
149167We respect intellectual property rights and require you to do the same. As a condition of your access to and use of the Services, you acknowledge and agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block your access to the Services or to temporarily or permanently suspend or terminate your account if there is infringement or alleged infringement of any intellectual property rights or proprietary rights.
150168
151By using the Services, you acknowledge and agree that CapCut does not make any promises or warranties regarding the legality or appropriateness of any content inputted or generated by you based on your inputs. You shall be solely responsible for content uploaded to or made by using CapCut, and such content is not and will not be endorsed, sponsored or approved by CapCut.
169By using the Services, you acknowledge and agree that TikTok USDS Joint Venture and our service providers and business partners, such as TT Commerce & Global Services, and our affiliates, do not make any promises or warranties regarding the legality or appropriateness of any content inputted or generated by you based on your inputs. You shall be solely responsible for content uploaded to or made by using the Services, and such content is not and will not be endorsed, sponsored or approved by us or our service providers and business partners, such as TT Commerce & Global Services, or our affiliates.
152170
153**10.** **Content**
171**9\. Content**
154172
155173**Company Content**
156174
157Company Content refers to the creative materials provided directly by CapCut for use in your projects, including but not limited to templates, video clips, images, stickers, text templates, fonts, sound effects, special effects, filters, canvases, and animations ("Company Content"). Company Content does not include third-party content and services or User Content.
175Company Content refers to the creative materials provided directly by CapCut and our service providers and business partners, such as TT Commerce & Global Services, and our affiliates for use in your projects, including but not limited to templates, video clips, images, stickers, text templates, fonts, sound effects, special effects, filters, canvases, and animations ("Company Content"). Other than content provided by our service providers and business partners, such as TT Commerce & Global Services, and our affiliates, Company Content does not include third-party content and services or User Content.
158176
159177The terms governing whether Company Content can be used for commercial or non-commercial purposes may vary depending on the CapCut product you are using and are specified in the [CapCut Materials License Agreement](https://www.capcut.com/clause/material-license-agreement). For the CapCut APP, CapCut Desktop Version, and the CapCut Web version, please refer to the [CapCut Materials License Agreement](https://www.capcut.com/clause/material-license-agreement) to determine permissible uses of Company Content. For Pippit, you are expressly permitted to use Company Content for commercial purposes, subject to compliance with the [CapCut Materials License Agreement](https://www.capcut.com/clause/material-license-agreement).
160178
161You are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use Company Content for your projects, in compliance with these Terms and the [CapCut Materials License Agreement](https://www.capcut.com/clause/material-license-agreement). Any use of Company Content beyond what is expressly permitted is prohibited without prior written consent from CapCut or its licensors. The Company reserves all rights not expressly granted herein in the Services and the Company Content. You acknowledge and agree that the Company may terminate this license at any time for any reason or no reason.
179You are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use Company Content for your projects, in compliance with these Terms and the [CapCut Materials License Agreement](https://www.capcut.com/clause/material-license-agreement). Any use of Company Content beyond what is expressly permitted is prohibited without prior written consent from TikTok USDS Joint Venture or our service providers or business partners, such as TT Commerce & Global Services, and our affiliates, or their licensors. TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, reserve all rights not expressly granted herein in the Services and the Company Content. You acknowledge and agree that TikTok USDS Joint Venture or our service providers and business partners, such as TT Commerce & Global Services, and our affiliates, may terminate this license at any time for any reason or no reason.
162180
163181SAVE AS EXPRESSLY PROVIDED UNDER THESE TERMS AND THE [CAPCUT MATERIALS LICENSE AGREEMENT](https://www.capcut.com/clause/material-license-agreement), NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICES.
164182
165You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content of the Services.
183You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content of the Services.
166184
167Company Content is provided "as is". CapCut makes no guarantees about the accuracy, completeness, or suitability of the Company Content for any particular purpose. Your use of Company Content is at your own risk, and CapCut disclaims all liability for any loss or damage arising from your use of the Company Content.
185Company Content is provided "as is". TikTok USDS Joint Venture and our service providers and business partners, such as TT Commerce & Global Services, and our affiliates, make no guarantees about the accuracy, completeness, or suitability of the Company Content for any particular purpose. Your use of Company Content is at your own risk, and TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors disclaim all liability for any loss or damage arising from your use of the Company Content.
168186
169187For additional details, please refer to the [CapCut Materials License Agreement](https://www.capcut.com/clause/material-license-agreement) for the full terms governing the use of Company Content.
170188
171**Third Party Content**
189**Third-Party Content**
172190
173Certain content available on the Platform are provided by certain users and/or third parties rather than us (e.g., certain video templates provided by third parties). Certain identifiers (e.g., the uploader of such third party content) may be displayed on the Platform to distinguish such third party content from the Company's Content. You have a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use such third party content in compliance with these Terms and the [CapCut Materials License Agreement](https://www.capcut.com/clause/material-license-agreement). Such third party content is not provided by us or endorsed by us. You acknowledge and agree that you are at your own risk when you use such third party content. We are not liable for any such third party content and your access or use of such third party content.
191Certain content available on the Platform are provided by certain users and/or third parties rather than TikTok USDS Joint Venture or our affiliates, service providers, or business partners, including TT Commerce & Global Services (e.g., certain video templates provided by third parties). Certain identifiers (e.g., the uploader of such third-party content) may be displayed on the Platform to distinguish such third-party content from the Company Content. You have a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use such third-party content in compliance with these Terms and the [CapCut Materials License Agreement](https://www.capcut.com/clause/material-license-agreement). Such third-party content is not provided or endorsed by TikTok USDS Joint Venture or our affiliates, service providers, or business partners, including TT Commerce & Global Services. You acknowledge and agree that you are at your own risk when you use such third-party content. TikTok USDS Joint Venture, our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors are not liable for any such third-party content and your access or use of such third-party content.
174192
175**Third Party Services**
193**Third-Party Services**
176194
177Where our Services contain links to other sites and resources provided by third parties, such as in the form of advertisements, these links are provided for your information only. You acknowledge that we have no control over the content of those sites or resources. The presence of such links on our Platform, or presentation of such links to you as targeted advertisements during your use of the Service, should not be interpreted as any endorsement or approval by us of those linked websites, operators of those websites, or information you may obtain from them, or any representation that we have reviewed the content of such websites. Your use of such third party sites or resources may be subject to terms and conditions (including privacy policies) between the providers of such sites or resources and you. We have no control over such terms and conditions and shall under no circumstances be a party to any arrangement (including agreement) or understanding between you and such providers.
195Where our Services contain links to other sites and resources provided by third parties, such as in the form of advertisements, these links are for your information only. You acknowledge that TikTok USDS Joint Venture and our service providers and business partners, such as TT Commerce & Global Services, and our affiliates have no control over the content of those sites or resources. The presence of such links on our Platform, or presentation of such links to you as targeted advertisements during your use of the Service, should not be interpreted as any endorsement or approval by TikTok USDS Joint Venture or our service providers or business partners, such as TT Commerce & Global Services, or our affiliates of those linked websites, operators of those websites, or information you may obtain from them, or any representation that we or our service providers or business partners, such as TT Commerce & Global Services, or our affiliates have reviewed the content of such websites. Your use of such third-party sites or resources may be subject to terms and conditions (including privacy policies) between the providers of such sites or resources and you. TikTok USDS Joint Venture and our service providers and business partners, such as TT Commerce & Global Services, and our affiliates have no control over such terms and conditions and shall under no circumstances be a party to any arrangement (including agreement) or understanding between you and such providers.
178196
179197**Third-Party AI Services**
180198
181Certain features of the Services are integrated with third-party AI technologies and APIs (e.g., Runway, Stable Diffusion, Google, YouTube, FLUX, Luma) that are subject to these terms and any additional terms imposed by the providers of those technologies. Your use of these features are subject to and must comply with the relevant third-party terms and conditions, and if you do not agree to abide by such terms and conditions, then you must not use such third-party features. Such third-party AI technologies and APIs are not under our control, and we are not responsible for, and we make no representations or warranties concerning any such AI technologies or APIs, or any other third-party content, business, feature, product, or service which may be used in connection with the Services.
199Certain features of the Services are integrated with third-party AI technologies and APIs (e.g., Runway, Stable Diffusion, Google, YouTube, FLUX, Luma) that are subject to these terms and any additional terms imposed by the providers of those technologies. Your use of these features are subject to and must comply with the relevant third-party terms and conditions, and if you do not agree to abide by such terms and conditions, then you must not use such third-party features. Such third-party AI technologies and APIs are not under our control, and TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors are not responsible for, and make no representations or warranties concerning any such AI technologies or APIs, or any other third-party content, business, feature, product, or service which may be used in connection with the Services.
182200
183201When accessing or using features integrated with third-party AI technologies and APIs, without limiting the applicable third-party terms and conditions (to the extent there is no conflict), you agree to the following responsibilities:
184202
1851. **Licenses and Permissions:** You must ensure that you have all necessary rights, licenses, and permissions to provide inputs to the third-party AI technologies or APIs, including any required publicity clearances or releases.
1862. **Respect for Rights:** You are prohibited from using outputs or other results of the services or third party AI technologies or APIs in ways that violate the rights of others, including intellectual property, privacy, or proprietary rights.
1873. **Prohibited Conduct:** You must not use the third-party AI technologies or APIs for any form of discrimination, bigotry, racism, hatred, harassment, violence, or harm toward any individual or group. You will not, and you will not attempt to, circumvent or bypass any of the limitations or constraints of any Services or third-party AI technologies or APIs, or cause, or attempt to cause, the Services or AI technologies or APIs to provide outputs or other results, or to perform actions, that are inconsistent with their intended uses, or that are inconsistent with the limitations in these terms or otherwise provided in connection with the Services (e.g., content filter tools).
203**Licenses and Permissions:** You must ensure that you have all necessary rights, licenses, and permissions to provide inputs to the third-party AI technologies or APIs, including any required publicity clearances or releases.
188204
189You agree to use commercially reasonable efforts to prevent unauthorized access to or use of the third party AI services and to promptly notify the third-party provider and the Company if you become aware of any unauthorized access or use.
205**Respect for Rights:** You are prohibited from using outputs or other results of the services or third-party AI technologies or APIs in ways that violate the rights of others, including intellectual property, privacy, or proprietary rights.
190206
207**Prohibited Conduct:** You must not use the third-party AI technologies or APIs for any form of discrimination, bigotry, racism, hatred, harassment, violence, or harm toward any individual or group. You will not, and you will not attempt to, circumvent or bypass any of the limitations or constraints of any Services or third-party AI technologies or APIs, or cause, or attempt to cause, the Services or AI technologies or APIs to provide outputs or other results, or to perform actions, that are inconsistent with their intended uses, or that are inconsistent with the limitations in these terms or otherwise provided in connection with the Services (e.g., content filter tools).
208
209You agree to use commercially reasonable efforts to prevent unauthorized access to or use of the third-party AI services and to promptly notify the third-party provider and CapCut if you become aware of any unauthorized access or use.
210
191211**Additional Third-Party Terms**
192212
193213Certain features may also be governed by open-source licenses or other agreements. Please refer to the applicable third-party provider's terms (e.g., Runway Terms of Use, CreativeML OpenRAIL License, Google Terms of Service) for details.
194214
195215**User-Generated Content**
196216
197Users of the Services may be permitted to upload, post, publish, transmit, or otherwise make available content through the Services, including without limitation music (including both sound recordings and musical works embodied in it), video templates and any text, photographs, videos, sound recordings and the musical works embodied therein (including videos that incorporate locally stored sound recordings from your personal music library and ambient noise) uploaded to, or otherwise made available through, the Services ("User Content").
217Users of the Services may be permitted to upload, post, publish, transmit, or otherwise make available content through the Services, including without limitation music (including both sound recordings and musical works embodied in it), video templates and any text, photographs, videos, sound recordings and the musical works embodied therein (including videos that incorporate locally stored sound recordings from your personal music library and ambient noise) uploaded to, or otherwise made available through, the Services ("**User Content**").
198218
199Users of the Services may also overlay Company Content, e.g., music, effects, stickers, filters, animations, and other elements provided by the Company, in relation to the Platform onto User Content. The information and materials in the User Content, including User Content that includes Company Content, are not reviewed, verified, endorsed or approved by us. The views expressed by any user or in or through User Content do not represent our views or values. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
219Users of the Services may also overlay Company Content, e.g., music, effects, stickers, filters, animations, and other elements provided by CapCut, in relation to the Platform onto User Content. The information and materials in the User Content, including User Content that includes Company Content, are not reviewed, verified, endorsed or approved by TikTok USDS Joint Venture or our affiliates, service providers, or business partners, including TT Commerce & Global Services. The views expressed by any user or in or through User Content do not represent TikTok USDS Joint Venture's or our affiliates', service providers', or business partners', including TT Commerce & Global Services', and each of their respective officers', directors', employees', agents' and advisors' views or values. TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will TikTok USDS Joint Venture or our affiliates, service providers, or business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors be liable in any way for any User Content.
200220
201You may be able to access or use a feature of the Services that allows you to upload or transmit User Content to a third party platform or share User Content with other users. If you use such feature, you must comply with the content guideline of such third party platform as well the requirements set out in Section 6 (Your Access to and Use of Our Services) above. As noted above, such features may not be available to all users of the Services, and we have no liability to you for limiting your access to certain features of the Services. You warrant that you comply with those requirements, and you will be liable to us and indemnify us for any breach. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
221You may be able to access or use a feature of the Services that allows you to upload or transmit User Content to a third-party platform or share User Content with other users. If you use such feature, you must comply with the content guideline of such third-party platform as well the requirements set out in Section 5 (Your Access to and Use of Our Services) above. As noted above, such features may not be available to all users of the Services, and TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors have no liability to you for limiting your access to certain features of the Services. You warrant that you comply with those requirements, and you will be liable to TikTok USDS Joint Venture and/or our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors and indemnify us and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors for any breach. This means you - not TikTok USDS Joint Venture or our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors - will be responsible for any loss or damage TikTok USDS Joint Venture or our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors suffer as a result of your breach of warranty.
202222
203223All User Content will be considered non-confidential. You must not upload or make available any User Content on or through the Services or make available to us any User Content that you consider to be confidential or proprietary to any other person. When you upload or make available User Content through the Services, you agree, represent and warrant that you own such User Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit such User Content to the Services, and/or to otherwise make any use of such User Content on or through the Services.
204224
205225You must own your User Content or have obtained all necessary rights, licenses, and clearances of any and all elements of your User Content. For example, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not upload or otherwise make available such sound recordings on or through the Services unless you have all permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the musical work to upload or otherwise make available it on or through the Services.
206226
207Except as expressly provided otherwise in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in User Content submitted to us, but by submitting User Content via the Services, you acknowledge and agree that you allow us to upload such content to our server and hereby grant us and our affiliates, agents, services providers, partners and other connected third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide license to use, modify, adapt, reproduce, make derivative works of, display, publish, transmit, distribute and/or store your User Content for providing the Services for you.
227We don't own your User Content. If you are the owner of the intellectual property rights in content you create or share on the Platform, nothing in these Terms changes that. By submitting User Content via the Services, you grant TikTok USDS Joint Venture and our affiliates, agents, services providers, partners and other connected third parties an unconditional, non-exclusive, royalty-free, fully transferable, sub-licensable, perpetual and worldwide license to use your User Content.
208228
229This license to your User Content allows us to modify, adapt, reproduce, make derivative works of, display, publish, transmit, distribute and/or store your User Content for the purposes of operating, developing and providing the Services, subject to your Platform settings.
230
209231You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free fully transferable (including sub-licensable), worldwide license to use your username, image and likeness to identify you as the source of any of your User Content, including for use in sponsored content.
210232
211For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to you or any third party, including, but not limited to, a sound recording copyright owner (e.g. a record label), a musical work copyright owner (e.g. a music publisher), a performing rights organization (e.g. ASCAP, BMI, SESAC, etc.) (a "**PRO**"), a sound recording PRO (e.g. SoundExchange), collective management organisations ("**CMOs**"), any unions or guilds, and engineers, producers or other royalty participants that may be involved (either knowingly or otherwise) in the creation of User Content.
233For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to you or any third party, including, but not limited to, a sound recording copyright owner (e.g. a record label), a musical work copyright owner (e.g. a music publisher), a performing rights organization (e.g. ASCAP, BMI, SESAC, etc.) (a "**PRO**"), a sound recording PRO (e.g. SoundExchange), collective management organizations ("**CMOs**"), any unions or guilds, and engineers, producers or other royalty participants that may be involved (either knowingly or otherwise) in the creation of User Content.
212234
213235**Specific Rules for Musical Works and for Recording Artists.** If you are a composer or author of a musical work and are affiliated with a PRO or CMO, then you must notify your PRO or CMO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO's or CMO's reporting obligations and any other terms of that PRO or CMO applicable to you. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g. wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
214236
215**Through-To-The-Audience Rights.** All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party arising out of or in connection with such availability of your User Content through such third party services.
237**Through-To-The-Audience Rights.** All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services, including our service providers and business partners, such as TT Commerce & Global Services, and our affiliates, will not have any separate liability to you or any other third party arising out of or in connection with such availability of your User Content through such third-party services.
216238
217**Waiver of Rights to User Content.** By uploading or making available User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing, advertising or promotional materials related to such User Content. You also waive (to the extent permitted by applicable law) any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. You hereby waive (to the extent permitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect to any of the User Content you upload or otherwise make available through the Services, or to support, maintain or permit any action based on any such moral rights.
239**Waiver of Rights to User Content.** By uploading or making available User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing, advertising or promotional materials related to such User Content. You also waive (to the extent permitted by applicable law) any and all rights of publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. You hereby waive (to the extent permitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect to any of the User Content you upload or otherwise make available through the Services, or to support, maintain or permit any action based on any such moral rights.
218240
219We, or authorised third parties, reserve the right to cut, crop, edit or refuse to upload your content in our or their sole discretion. In addition, we have the right - but not the obligation - in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider violating these Terms (including without limitation the content standards set out at Section 6 above), or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, you shall save copies of any User Content that you upload or make available to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content.
241We, or authorized third parties, reserve the right to cut, crop, edit or refuse to upload your content in our or their sole discretion. In addition, we have the right - but not the obligation - in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider violating these Terms (including without limitation the content standards set out at Section 5 above), or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, you shall save copies of any User Content that you upload or make available to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content.
220242
221We accept no liability in respect of any content or information submitted or made available by users of the Services and made available on the Services or published elsewhere by users and/or third parties. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content made available by you and other users on the Services (including User Content).
243TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors accept no liability in respect of any content or information submitted or made available by users of the Services and made available on the Services or published elsewhere by users and/or third parties. You acknowledge that TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors have no obligation to pre-screen, monitor, review, or edit any content made available by you and other users on the Services (including User Content).
222244
223245**Complaints**
224246
225247You acknowledge and agree that in certain circumstances, we have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. We will notify you ahead of time in such a situation.
226248
227If you wish to complain about information and materials (including User Content) uploaded by other users, or if there is another issue you wish to raise with us, please contact us at [capcut.support@bytedance.com](mailto:capcut.support@bytedance.com) for CapCut or [support@mail.pippit.ai](mailto:support@mail.pippit.ai) for Pippit.
249If you wish to complain about information and materials (including User Content) uploaded by other users, or if there is another issue you wish to raise with us, please contact us at [support@us.capcut.com](mailto:support@us.capcut.com) for CapCut or [ussupport@us.pippit.ai](mailto:ussupport@us.pippit.ai) for Pippit.
228250
229If you believe that any content uploaded or made available through our Services infringes your copyright, you may file an "IP Infringement Report" via tapping on the button "..." - "Report" on the page of every specific content posted on the Platform to request the removal of the alleged infringing content from the Platform. You may also submit a copyright infringement notification to us at [capcut.support@bytedance.com](mailto:capcut.support@bytedance.com) for CapCut or [support@mail.pippit.ai](mailto:support@mail.pippit.ai) for Pippit. The notification must include the following:
251**DMCA Copyright Policy**
230252
2311. an email address, physical address and a phone number so that we and the uploader whose content is alleged to infringe on your work can contact you;
2322. the URL or other identifying location of the allegedly infringing work;
2333. the type of content you are reporting. It may be video, font, image, etc. The reason why you are reporting this content and your request;
2344. supporting document(s) or URL(s) to show the details of the right. If you don't have the material to show the right owner, please clearly and completely describe your work that you believe has been infringed on;
2355. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and agree that all information submitted in your IP infringement notification may be forwarded to the uploader of the content, or otherwise made public in any way by us or a third party; and,
2366. the physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.
253We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
237254
238Please consider whether fair use or a similar exception to copyright applies before you submit a notification, and please also be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under applicable laws.
255Procedure for Reporting Copyright Infringement: If you believe that material or content residing on or accessible through the Platform or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
239256
240We will take commercially reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is our policy, under appropriate circumstances and in our discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
257An email address, physical address and a phone number so that we and the uploader whose content is alleged to infringe on your work can contact you.
241258
242**Feedback**
259The URL or other identifying location of the allegedly infringing work.
243260
244While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees or personnel any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "**Feedback**"), then regardless of what your accompanying communication may say, the following terms will apply, so that the status of such Feedback is clearly understood by you and us. Accordingly, by sending Feedback to us, you acknowledge and agree that:
261Type of content you are reporting. It may be video, font, image, etc.
245262
2461. we have no obligation to review, consider, comment on, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
2472. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
2483. you irrevocably grant to us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide and unlimited license to adapt, reproduce, distribute, create derivative works of, modify, publicly perform (including on a through- to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
263The reason why you report this content and your request.
249264
250**11\. INDEMNITY**
265Supporting document(s) or URL(s) to show the details of the right. If you don't have the material to show the right owner, please clearly and completely describe your work that you believe has been infringed on.
251266
252YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,SUBLICENSEES, AGENTS AND ADVISORS AND CREATORS AND THEIR ASSIGNS AND SUCCESSORS (EACH AN "**INDEMNIFIED PARTY**") FROM AND AGAINST ANY AND ALL DIRECT AND INDIRECT LOSSES, CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND EXPENSES, WHICH MAY BE SUFFERED OR INCURRED BY AN INDEMNIFIED PARTY OR ASSERTED AGAINST AN INDEMNIFIED PARTY ARISING OUT OF A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR APPLICABLE LAWS OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATION OR WARRANTIES UNDER THESE TERMS.
267A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and agree that all information submitted in your IP infringement notification may be forwarded to the uploader of the content, or otherwise made public in any way by us or a third party.
253268
25412\. **EXCLUSION OF WARRANTIES**
269The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.
255270
256NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
271If we receive a takedown notice in accordance with the foregoing, we will remove the material cited in the notice and attempt to notify any user who uploaded the allegedly infringing material if we have their contact information. Any such user will have the opportunity to submit a "counter-notice" as set forth below. If we determine that any user has repeatedly infringed upon the intellectual property rights of others, we will disable any accounts that user has with us when appropriate.
257272
258THE SERVICES (INCLUDING COMPANY'S CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WE MAKE NO CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
273Procedure to Deliver Counter-Notice: If any user believes any material removed is either not infringing or that such user has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:
259274
2601. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS **OR ACHIEVE ANY INTENDED RESULTS**;
2612. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR WILL NOT CONTAIN HARMFUL CODE;
2623. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE **COMPLETE**, ACCURATE, **UP TO DATE**, OR RELIABLE; OR
2634. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
275A physical or electronic signature of the user;
264276
265NO CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED CONDITIONS, REPRESENTATIONS, TERMS OR WARRANTIES AND TERMS AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, NON- INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS) APPLY TO THE SERVICES (INCLUDING COMPANY'S CONTENT) EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM AND/OR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
277Identification of the material that has been removed and the location at which the material appeared before it was removed;
266278
267WE ARE NOT OBLIGATED TO PROVIDE ANY TRANSITION SERVICES OR TECHNICAL OR OTHER SUPPORT TO YOU AFTER SUSPENSION OR TERMINATION OF ANY SERVICES, NOR ARE WE SUBJECT TO ANY DISASTER RECOVERY OBLIGATION OR COMMITMENT.
279A statement that the user has a good faith belief that the material was removed as a result of mistake or a misidentification of the material; and
268280
269**13\. LIMITATION OF LIABILITY**
281The user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user's address is located, or if the user's address is located outside the United States, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
270282
271NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
283If a counter-notice is received by the Designated Agent, we will forward a copy of the counter- notice to the original complaining party informing that person that we may restore the removed material following 10 days. The original complaining party will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within 10 days, we may restore the material, at our discretion.
272284
273SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
285Please contact CapCut's Designated Agent to Receive Notification of Claimed Infringement at [ip-reports@usds.capcut.com](mailto:ip-reports@usds.capcut.com).
274286
2751. (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS, CORRUPTION, DISCLOSURE, ACCESS, ALTERATION, MISUSE, MANIPULATION OR OTHER UTILIZATION OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER WHICH MAY BE INCURRED BY YOU; AND/OR
2762. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: (I) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
287**Feedback**
277288
278THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
289While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees or personnel any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "**Feedback**"), then regardless of what your accompanying communication may say, the following terms will apply, so that the status of such Feedback is clearly understood by you and us. Accordingly, by sending Feedback to us, you acknowledge and agree that:
279290
280WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE PLATFORM OR SERVICES BY ANY USERS OR THIRD PARTIES.
291TikTok USDS Joint Venture and our service providers and business partners, such as TT Commerce & Global Services, and our affiliates have no obligation to review, consider, comment on, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
281292
282TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, THIRD PARTY WEBSITE OR RESOURCE PROVIDER, OR OTHER USER, OR CREATOR OF THE PLATFORM IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DISPUTES WITH SUCH THIRD PARTIES.
293Feedback is provided on a non-confidential basis, and TikTok USDS Joint Venture and our service providers and business partners, such as TT Commerce & Global Services, and our affiliates, are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
283294
284**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S MAXIMUM AGGREGATE LIABILITY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM OR SERVICES SHALL BE LIMITED TO THE HIGHER OF (A) THE AMOUNT YOU HAVE PAID TO US WITHIN TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING SUCH CLAIM OR (B) FIFTY US DOLLARS (USD $50) OR THE EQUIVALENT AMOUNT IN YOUR LOCAL CURRENCY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE EXCLUSION OF WARRANTIES IN SECTION 12 AND LIMITATION OF LIABILITY IN THIS SECTION 13 AND IN THE OTHER PROVISIONS OF THESE TERMS AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH THE COMPANY WOULD NOT HAVE PROVIDED ACCESS TO THE PLATFORM AND/OR THE SERVICES TO THE USER.**
295you irrevocably grant to TikTok USDS Joint Venture an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide and unlimited license to adapt, reproduce, distribute, create derivative works of, modify, publicly perform (including on a through- to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
285296
286**14\. Interruption and Termination of Services**
297**10\. INDEMNITY**
287298
288We will use commercially reasonable efforts to keep the Services operational. However, we do not guarantee the availability of any Services, unless otherwise mandated under applicable laws. You acknowledge that the Services may be interrupted from time to time for various reasons (e.g., scheduled or emergency downtime or failure of network or telecommunication service providers). We may also end the Services and your access or use of the Services permanently.
299YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS TIKTOK USDS JOINT VENTURE AND OUR AFFILIATES, SERVICE PROVIDERS, AND BUSINESS PARTNERS, INCLUDING TT COMMERCE & GLOBAL SERVICES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS, (EACH AN "**INDEMNIFIED PARTY**") FROM AND AGAINST ANY AND ALL DIRECT AND INDIRECT LOSSES, CLAIMS, LIABILITIES, DEMANDS, DAMAGES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND EXPENSES, WHICH MAY BE SUFFERED OR INCURRED BY AN INDEMNIFIED PARTY OR ASSERTED AGAINST AN INDEMNIFIED PARTY ARISING OUT OF A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR APPLICABLE LAWS OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATION OR WARRANTIES UNDER THESE TERMS.
289300
290You agree that we will not assume any obligations or liabilities to you with respect to the Services for withdrawal of the Service Plans, or interruption, modification or termination of the Services or any part hereof, to the maximum extent permitted by applicable law.
301**11\. EXCLUSION OF WARRANTIES**
291302
292**15\. Other Terms**
303NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
293304
294**Applicable Law and Jurisdiction.** Except as may be set forth in any "Supplemental Terms - Jurisdiction Specific" section below, these Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
305THE SERVICES (INCLUDING COMPANY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND TIKTOK USDS JOINT VENTURE AND TT COMMERCE & GLOBAL SERVICES MAKE NO CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THEM. IN PARTICULAR, TIKTOK USDS JOINT VENTURE AND TT COMMERCE & GLOBAL SERVICES DO NOT REPRESENT OR WARRANT TO YOU THAT:
295306
296**Survival.** This Section 15.b, the rights granted to us in Section 10, and Sections 9, 11, 12, 13 and remaining terms of Section 15 shall survive the termination of these Terms.
307YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS **OR ACHIEVE ANY INTENDED RESULTS**;
297308
298Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms.
309YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR WILL NOT CONTAIN HARMFUL CODE;
299310
300**Entire Agreement.** These Terms constitute the whole legal agreement between you and the Company and govern your use of the Services, superseding any prior communications and proposals (whether oral, written or electronic) between you and us.
311ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE **COMPLETE**, ACCURATE, **UP TO DATE**, OR RELIABLE; OR
301312
302**No Waiver.** Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
313DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
303314
304**Security.** We do not guarantee that our Services will be secure or free from bugs or viruses or Harmful Code. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.
315NO CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED CONDITIONS, REPRESENTATIONS, TERMS OR WARRANTIES AND TERMS AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, NON- INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS) APPLY TO THE SERVICES (INCLUDING COMPANY CONTENT) EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM AND/OR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
305316
306**Severability.** If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable.
317TIKTOK USDS JOINT VENTURE AND TT COMMERCE & GLOBAL SERVICES ARE NOT OBLIGATED TO PROVIDE ANY TRANSITION SERVICES OR TECHNICAL OR OTHER SUPPORT TO YOU AFTER SUSPENSION OR TERMINATION OF ANY SERVICES, NOR ARE WE SUBJECT TO ANY DISASTER RECOVERY OBLIGATION OR COMMITMENT.
307318
308**Linked Third Party Content.** The Services may contain links to third party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third party content is at the user's own risk.
319**12\. LIMITATION OF LIABILITY**
309320
310**Rights of third parties.** Unless specifically provided for under any "Supplemental Terms - Jurisdiction Specific", any person who is not a party to these Terms shall have no right whatsoever under the Contracts (Rights of Third Parties) Act 2001 to enforce these Terms or any of its terms.
321NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR OR OUR AFFILIATES' AND BUSINESS PARTNERS' LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
311322
312**Prevailing language.** These Terms may be provided in language versions other than English language version. Unless otherwise explicitly stated under these Terms, if there is any inconsistency among different language versions, the English version shall prevail.
323SUBJECT TO THE PARAGRAPH ABOVE, WE AND OUR AFFILIATES, SERVICE PROVIDERS, AND BUSINESS PARTNERS, INCLUDING TT COMMERCE & GLOBAL SERVICES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS, SHALL NOT BE LIABLE TO YOU FOR:
313324
314**Any Questions?** Get in touch at [capcut.support@bytedance.com](mailto:capcut.support@bytedance.com) for CapCut or [support@mail.pippit.ai](mailto:support@mail.pippit.ai) for Pippit.
325(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS, CORRUPTION, DISCLOSURE, ACCESS, ALTERATION, MISUSE, MANIPULATION OR OTHER UTILIZATION OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER WHICH MAY BE INCURRED BY YOU; AND/OR
315326
316Supplemental Terms - App Stores
327ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: (I) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
317328
318To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform and the Services through specific devices and their applicable app stores: Apple App Store. By accessing the Platform and the Services through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
329THESE LIMITATIONS ON OUR AND OUR AFFILIATES' AND BUSINESS PARTNERS' LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
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320These Terms are between the Company and you; Apple is not a party to these Terms.
331WE AND OUR AFFILIATES, SERVICE PROVIDERS, AND BUSINESS PARTNERS, INCLUDING TT COMMERCE & GLOBAL SERVICES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE PLATFORM OR SERVICES BY ANY USERS OR THIRD PARTIES.
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322The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform and the Services on the Apple device(s) authorized by Apple that you own or control for your personal use, subject to the Usage Rules set forth in Apple Media Services Terms and Conditions.
333TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, THIRD PARTY WEBSITE OR RESOURCE PROVIDER, OR OTHER USER, OR CREATOR OF THE PLATFORM IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DISPUTES WITH SUCH THIRD PARTIES.
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324Apple is not responsible for the Platform and the Services or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform and the Services.
335**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIKTOK USDS JOINT VENTURE'S AND OUR AFFILIATES', SERVICE PROVIDERS', AND BUSINESS PARTNERS', INCLUDING TT COMMERCE & GLOBAL SERVICES' MAXIMUM AGGREGATE LIABILITY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM OR SERVICES SHALL BE LIMITED TO THE HIGHER OF (A) THE AMOUNT YOU HAVE PAID TO US WITHIN TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING SUCH CLAIM OR (B) FIFTY US DOLLARS (USD $50) OR THE EQUIVALENT AMOUNT IN YOUR LOCAL CURRENCY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE EXCLUSION OF WARRANTIES IN SECTION 11 AND LIMITATION OF LIABILITY IN THIS SECTION 12 AND IN THE OTHER PROVISIONS OF THESE TERMS AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH TIKTOK USDS JOINT VENTURE WOULD NOT HAVE PROVIDED ACCESS TO THE PLATFORM AND/OR THE SERVICES TO THE USER.**
325336
326In the event of any failure of the Platform and the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform and the Services, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform and the Services.
337**13\. Interruption and Termination of Services**
327338
328Apple is not responsible for addressing any claims by you or a third party relating to the Platform and the Services or your possession or use of the Platform and the Services, including without limitation (a) product liability claims; (b) any claim that the Platform and the Services fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
339We will use commercially reasonable efforts to keep the Services operational. However, TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors do not guarantee the availability of any Services, unless otherwise mandated under applicable laws. You acknowledge that the Services may be interrupted from time to time for various reasons (e.g., scheduled or emergency downtime or failure of network or telecommunication service providers). We may also end the Services and your access or use of the Services permanently.
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330In the event of any third party claim that the Platform and the Services or your possession and use of the Platform and the Services infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
341You agree that TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors will not assume any obligations or liabilities to you with respect to the Services for withdrawal of the Service Plans, or interruption, modification or termination of the Services or any part hereof, to the maximum extent permitted by applicable law.
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332Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
343**14\. Dispute Resolution**
333344
334The Company expressly authorizes use of the Platform and the Services by multiple users through the Family Sharing or any similar functionality provided by Apple.
345**Informal Resolution Process First.** If we have a dispute with you relating to or arising out of these Terms or the Platform or the Services, regardless of when the dispute may have arisen or accrued, we will first try and resolve it with you amicably prior to filing any legal action. You agree to do the same for us and TT Commerce & Global Services.
335346
336Google Play. By downloading the Platform and the Services from Google Play (or its successors) operated by Google LLC or one of its affiliates ("**Google**"), you specifically acknowledge and agree that:
347The party raising a dispute will initiate this process by notifying the other party. Whichever party receives the notice will have 60 days to respond. If the dispute has not been resolved after the response time has expired, or within 30 days after a response has been issued, whichever is earlier, either party may file legal action against the other. Engaging in this informal dispute resolution process is a requirement that must be completed before filing any legal action. You, TikTok USDS Joint Venture, and TT Commerce & Global Services agree that you will make a good faith effort to resolve the dispute amicably before you, TikTok USDS Joint Venture, or TT Commerce & Global Services files any legal action against the other, and that the statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process.
337348
3381. To the extent of any conflict between (a) the Google Play Terms of Service or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform and the Services that you download from Google Play; and
3392. You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.
349**Exclusive venue.** These Terms and Supplemental Terms, and any claims, causes of action, of any kind or character, or demand arising out of or relating to them will be governed by the laws of the State of California. Any claim, cause of action or dispute, arising out of or relating to these Terms or the Platform or the Services shall also be resolved exclusively in the U.S. District Court for the Central District of California or the Superior Court of the State of California, County of Los Angeles. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
340350
341**Supplemental Terms - Jurisdiction Specific**
351**One-year limitation period.** YOU AND TIKTOK USDS JOINT VENTURE AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM OR THE SERVICES. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.
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343**The United States**
353**15\. Other Terms**
344354
345If you are using the Platform in the United States or are otherwise a United States user of the Platform, then your use of the Platform is governed by the CapCut US Terms of Service instead of these Terms.
355**Survival.** This Section, the rights granted to us in Section 9, and Sections 8, 10, 11, 12 and remaining terms of Section 15 shall survive the termination of these Terms.
346356
347**European Union and United Kingdom**
357**Open Source.** The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms.
348358
349The following terms apply if you reside in the European Union or the United Kingdom:
359**Entire Agreement.** These Terms constitute the whole legal agreement between you and TikTok USDS Joint Venture and govern your use of the Services, superseding any prior communications and proposals (whether oral, written or electronic) between you and us or ByteDance Pte. Ltd. related to the Platform and the Services.
350360
351Nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract. The European Commission provides an online dispute resolution platform, which you can access at [https://ec.europa.eu/consumers/odr/](https://ec.europa.eu/consumers/odr/).
361**No Waiver.** Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our or our affiliates or business partners' right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us or our affiliates or business partners with respect to such use.
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353Without prejudice to your statutory rights, we may, without notice, temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of your account or the Services:
363**Security.** TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors do not guarantee that our Services will be secure or free from bugs or viruses or Harmful Code. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.
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3551. if you violate, or we believe you are about to violate, the Terms, including any incorporated agreements, policies or guidelines;
3562. in response to requests by law enforcement or other government agencies under valid legal process;
3573. due to unexpected technical or security issues or problems; or
3584. if your account shows extended periods of inactivity in accordance with our account deletion policy.
365**Severability.** If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable.
359366
360If we permanently suspend or terminate your account, we will notify you in advance and allow you reasonable time to access and save information, files, and content associated with your account unless we have reason to believe that continued access to your account will violate applicable legal provisions, requests by law enforcement or other government agencies, or cause damage to us or to third parties.
367**Linked Third-Party Content.** The Services may contain links to third-party content. TikTok USDS Joint Venture and our service providers and business partners, such as TT Commerce & Global Services, and our affiliates do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user's own risk.
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362Nothing in these Terms affects any legal rights that you are entitled to as a consumer under European Union member state laws which cannot be contractually altered or waived. Accordingly, some of the exclusions and limitations in Sections 14 and 15 of the Terms will not apply to you if you are a consumer living in a European Union country.
369**Rights of third parties.** Unless specifically provided for under these Terms, any person who is not a party to these Terms shall have no right whatsoever to enforce these Terms or any of its terms.
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364Section 7 and Section 8 of these Terms are replaced with the following language:
371**Prevailing language.** These Terms may be provided in language versions other than the English language version. Unless otherwise explicitly stated under these Terms, if there is any inconsistency among different language versions, the English version shall prevail.
365372
366**Service Plans**
373**California Resident.** If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
367374
368Some of the Services are provided to you free-of-charge ("**Free Services**"); while other Services require payment before you can use them, including but not limited to the CapCut Cloud Space Subscription Service, CapCut VIP Subscription Service etc. ("**Premium Services**").
375**Exports.** You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by TikTok USDS Joint Venture hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
369376
370For more details of the Premium Services which we will provide you with, please refer to the detailed service descriptions on the purchase page on the Platform. We may develop different versions of this Platform with different Services for different terminal devices in different regions. You should obtain, download, and install the appropriate version for your device and jurisdiction.
377**U.S. Government Restricted Rights.** The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
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372If you purchase or subscribe to any of our Premium Services, you must first create an account on the Platform and login to it. The Premium Services are only available to users of either: (i) the Apple iOS version of the Platform who have a valid Apple ID account; (ii) the Google Android OS version of the Platform who have a valid Google account; and/or (iii) the CapCut Web version of the Platform who have a valid CapCut account.
379**Your Content**. In connection with your use of the Services, you may be able to upload or submit content to be made available through the Services ("Your Content"). As a condition of your use of the Services, you grant us a nonexclusive, perpetual, royalty-free, worldwide, transferable, sublicensable license to access, use, host, cache, reproduce, transmit, and display Your Content in connection with your use of the Services. By submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to upload the material and to grant us the license described above. Notwithstanding anything to the contrary, we do not, nor have any obligation to, maintain Your Content. Your Content will not be available once you delete the Platform.
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374You may purchase or subscribe to any of our Premium Services by paying via your Apple ID, Google account and/or CapCut account (as applicable) .
381**Use of the Platform.** You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the Platform. We do not guarantee that the Platform can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Platform will be available in any particular geographic location. As part of the Services, you may receive push notifications or other types of messages directly sent to you in connection with the Platform ("Push Messages"). You acknowledge that, when you use the Platform, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Platform, including your receipt of Push Messages. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Platform on your mobile device, including for your receipt of Push Messages.
375382
376You may purchase the Premium Services either under a fixed billing period or an automatic renewal subscription fee in advance on a monthly basis (or another interval set on the purchase page of the Platform or notified to you prior to your subscription) or in accordance with other payment arrangement available.
383**16\. Contact Us**
377384
378If you purchase the Premium Services under an automatic renewal agreement, you agree that: (a) Apple, Google and/or CapCut (as applicable) may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Premium Services; and (b) Apple, Google and/or CapCut (as applicable) may calculate taxes payable by you based on the billing information that you provide at the time of purchase.
385Any Questions? Get in touch at [support@us.capcut.com](mailto:support@us.capcut.com) for CapCut or [ussupport@us.pippit.ai](mailto:ussupport@us.pippit.ai) for Pippit.
379386
380You can find information about the subscription plan pricing either on the purchase page of our Premium Services or the Platform's description page in Apple App Store and/or Google Play (as applicable). All subscriptions on the CapCut APP version are payable through your Apple ID/Google account and such payments will be processed in accordance with the terms and conditions of the Apple App Store/Google Play Store. Subscriptions on CapCut Web are payable through your CapCut account and such payments will be processed in accordance with these Terms, the terms and conditions of third party payment service providers and/or additional payment terms.
387**Supplemental Terms - App Stores**
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382**Renewal and Cancellation**
389To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform and the Services through specific devices and their applicable app stores: Apple App Store. By accessing the Platform and the Services through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
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384If you subscribe to the Premium Services under an automatically renewable agreement, your subscription fee will automatically renew for an additional period equal in duration as your preceding subscription term unless indicated otherwise on the Platform, and your payment will automatically be charged at the start of each new subscription period for the fees applicable to that period, unless you cancel or change your subscription of the Premium Services before the end of the applicable subscription period.
391These Terms are between TikTok USDS Joint Venture and you; Apple is not a party to these Terms.
385392
386If you do not want to continue to be charged on a recurring basis, you must cancel your subscription of the Premium Services through your Apple ID/Google account before the expiration of the then-current subscription period. You can learn more about how to cancel your subscription of our Services in the FAQ. If you cancel, you will still have access to the Premium Services until the end of the then-current subscription period and be charged the full subscription fee for such subscription period unless otherwise set forth in this "Supplemental Terms - Jurisdiction Specific" section or required by applicable law, e.g., if you cancelled the subscription for cause. After the cancellation takes effect on the last day of the then-current subscription period, you will be downgraded to the Free Services.
393The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform and the Services on the Apple device(s) authorized by Apple that you own or control for your personal use, subject to the Usage Rules set forth in Apple Media Services Terms and Conditions.
387394
388If your Premium Services term expires and you do not renew, we have the right to cancel your corresponding Premium Services . Within the time limit that we have notified you in advance, you should transfer and back up your content (including but not limited to your video drafts, photos, stickers and other materials) stored in the cloud space provided by the Platform under your Premium Services before the expiration of such Services, and ensure that the content you store does not exceed the storage capacity that you are entitled to use, so as to avoid the loss of your content and data due to the absence of sufficient cloud space storage capacity. We shall not be liable for any loss of content or data resulting from your failure to procure and pay for sufficient cloud space storage capacity.
395Apple is not responsible for the Platform and the Services or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform and the Services.
389396
390You acknowledge that no matter for Free Services or Premium Services, you should always use those services in accordance with all the relevant rules of the Platform, file type restriction, format restriction, size limit, etc. If your use violates any rule, we have the right to stop the corresponding Services, and delete content that exceeds your entitled storage capacity or that does not comply with the relevant rules. If you do not complete the backup or transfer of any relevant content within the time limit after being prompted by us, we shall not be liable for any resultant loss of content or data.
397In the event of any failure of the Platform and the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform and the Services, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform and the Services.
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392**Cloud Space Services**
399Apple is not responsible for addressing any claims by you or a third party relating to the Platform and the Services or your possession or use of the Platform and the Services, including without limitation (a) product liability claims; (b) any claim that the Platform and the Services fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
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394You acknowledge and agree that we have no obligation to provide or continue to provide any user with Cloud Space Services for free and we reserve the rights to upgrade / degrade / suspend our Cloud Space Services from time to time.
401In the event of any third-party claim that the Platform and the Services or your possession and use of the Platform and the Services infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
395402
396You may access cloud storage space by subscribing to the relevant Premium Services, if such Premium Services are made available to you. Depending on the relevant Service Plan applicable to you, the storage capacity of the cloud space allocated to you may differ. The allocated storage capacity applicable to the Premium Services you purchase will be displayed to you on the relevant Premium Services description page or when you make the purchase. You shall not use storage capacity exceeding the allocated storage capacity. If you would like to obtain additional storage capacity, you may further purchase additional cloud storage space packages separately.
403You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
397404
398You may also have access to our Cloud Storage Services through other ways in certain regions.
405Apple and its subsidiaries are third-party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
399406
400In addition to these Terms, you shall comply with the applicable requirements and restrictions applicable to the cloud space storage services (e.g., file type restriction, format restriction, document size limit). If your use violates these Terms, applicable laws or any applicable rule, we have the right to take corresponding measures, such as temporarily or permanently suspending or terminating your access to the corresponding Services, deleting your content which exceeds your entitled storage capacity or that fails to comply with these Terms, applicable laws, or rules applicable to such cloud space storage feature.
407TikTok USDS Joint Venture expressly authorizes use of the Platform and the Services by multiple users through the Family Sharing or any similar functionality provided by Apple.
401408
402**Withdrawal information and Refunds**
409Google Play. By downloading the Platform and the Services from Google Play (or its successors) operated by Google LLC or one of its affiliates ("**Google**"), you specifically acknowledge and agree that:
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404**Right of withdrawal**
411To the extent of any conflict between (a) the Google Play Terms of Service or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform and the Services that you download from Google Play; and
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406**You have the right to withdraw from this contract within 14 days without giving any reason.**
407
408**The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Bytedance Pte. Ltd., \[1 Raffles Quay, #26-10, South Tower, Singapore 048583, [capcut.support@bytedance.com](mailto:capcut.support@bytedance.com)** **for CapCut or [support@mail.pippit.ai](mailto:support@mail.pippit.ai) for Pippit\]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.**
409
410**To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.**
411
412**Effects of withdrawal**
413
414**If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; no fees will be incurred at your end as a result of such reimbursement.**
415
416**If you request the performance of services during the withdrawal period, you must pay us an amount proportional to what has been provided until you communicate to us about your withdrawal from this contract, in comparison with the full coverage of the contract.**
417
418**Model withdrawal form**
419
420- **(complete and return this form only if you wish to withdraw from the contract)**
421- **To: Bytedance Pte. Ltd., 1 Raffles Quay, #26-10, South Tower, Singapore 048583, [capcut.supportbytedance.com](mailto:capcut.support@bytedance.com)** **for CapCut or [support@mail.pippit.ai](mailto:support@mail.pippit.ai) for Pippit**
422- **I/We(\*) hereby give notice that I/We(\*) withdraw from my/our(\*) contract of sale of the following goods (\*) /for the provision of the following service(\*),**
423- **Ordered on(\*) /received on(\*) , Name of consumer(s),**
424- **Address of consumer(s),**
425- **Signature of consumer(s) (only if this form is notified on paper), Date**
426
427**\*Delete as appropriate.**
428
429Notwithstanding the foregoing, any cancellation and / or refund via the Apple App Store or Google Play is subject to the terms and conditions of Apple's App Store Terms of Service and Google Play Terms of Service respectively. You will continue to have access to the Premium Services until your subscription payment is refunded by Apple or Google.
430
431The paragraphs under "User-Generated Content" of Section 10 shall not apply Section 14 of these Terms is replaced with the following language:
432
433**Modification, Interruption and Termination of Services**
434
435We reserve the right to change our service plans, including adjusting features/services available if there is a valid reason for the change. A valid reason may be in particular (i) to implement changed legal requirements or case law, (ii) to implement changed technical requirements such as a new technical environment or other operational, (iii) to maintain operations or for other operational reasons, (iv) to adapt to changed market conditions such as increased user numbers, and (v) for your benefit. No additional costs for changes to the Service Plans and their functionality will be incurred at your end. We will inform you about such change in a clear and comprehensible manner.
436
437If a change to our service plans affects your ability to access or use the service plans more than insignificantly ("**Significant Change**"), we will inform you of such change at least six weeks in advance by e-mail ("**Change Notice**"). The Change Notice will include the characteristics and timing for the Significant Change and describe your rights, which are as follows:
438
439In the event of Significant Changes, you have the right to terminate the contract free of charge with 30 days' notice once you receive the Change Notice, or, in the case where the Change is implemented after you have received the Change Notice, once we implement the change.
440
441We will use commercially reasonable efforts to keep the Services operational. However, we reserve the right to interrupt or modify the availability of the Services or any part thereof (including modifying or withdrawing any Services) from time to time, such as for scheduled or emergency downtime, unless prohibited by applicable law. We will take your legitimate interests into account and will inform you of any restrictions in good time.
442
443If you have subscribed to the Services, we will refund any subscription fees paid but not used on a pro rata basis to you if required by applicable law.
444
445Sections 12 and 13 of the terms are replaced by the following:
446
447For damages with respect to injury to health, body or life caused by us, our representatives or our agents in the performance of the contractual obligations, we are fully liable. We are fully liable for damages caused willfully or by gross negligence by us, our representatives or our agents in the performance of the contractual obligations. The same applies to damages which result from the absence of a quality which was guaranteed by us or to damages which result from malicious action. However, if damages with respect to a breach of a contractual core duty are caused by our slight negligence, we are liable only for the amount of the damage which was typically foreseeable. Contractual core duties, abstractly, are such duties whose accomplishment enables proper performance of an agreement in the first place and whose performance a contractual party regularly may rely on. Our liability based on the German Product Liability Act remains unaffected. Any further liability is excluded. The limitation period for claims for damages against us expires after one (1) year.
448
449These Terms, their subject matter and their formation, are governed by the laws of Singapore, subject only to any mandatory provisions of consumer law in the European Union country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply. You irrevocably agree that the courts of the country in which you or CapCut reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
450
451**Our approach to content moderation**
452
453We review content uploaded by our users proactively (through systems we have in place which detect illegal and harmful content, including content which may be in violation of these Terms or our Community Guidelines) and reactively (for example, on receipt of notice from users or authorities). To achieve this, we deploy a combination of technology and human moderators.
454
455We use automated moderation technology to identify content that violates our Terms or Community Guidelines. This technology looks at a variety of signals across content, which may include, for example, keywords or images to detect potential violations.
456
457Human moderators work alongside our automated moderation systems to review and assess content that may violate our Terms or Community Guidelines. Our moderators undergo regular training on our content moderation processes and policies.
458
459You acknowledge that we have the sole discretion to and may remove or restrict access to any content, including your content, if we reasonably believe (i) it is in breach of these Terms or our Community Guidelines; or (ii) it causes harm to us, our affiliates, our users or other third parties. In case of severe or repeated violations, we might also take account-level action, including temporarily or permanently suspending or terminating your account or access to certain features.
460
461If you think we have made a mistake in removing or restricting your content or suspending or terminating your account, you can contact us via [capcut.support@bytedance.com](mailto:capcut.support@bytedance.com) for CapCut or [support@mail.pippit.ai](mailto:support@mail.pippit.ai) for Pippit.
462
463**Brazil**
464
465If you are using the Platform in Brazil, the following additional terms apply:
466
4671. **Accepting these Terms.** To use or access the Platform, you must agree with the Terms. Be aware that the provisions herein will govern the relationship between you and the Platform. If you do not agree with all the terms below, you will not be allowed to use or access the Platform. Your access to and use of our Services is also subject to our [Privacy Policy](https://www.capcut.com/clause/privacy-policy), which you also have to agree with, and the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device's applicable app store, and is incorporated herein by reference.
4682. **Parental and Guardian Consent.** If you are 16 years of age or above but under the age of 18, you declare that you had the assistance of your parent or legal guardian to use the Services and to agree to these Terms. If you are under the age of 16, your parent or legal guardian must agree to these Terms on your behalf, otherwise you cannot use the Services. If you are the parent or legal guardian responsible for the minor, these Terms are applicable to you, and you hereby agree with them.
4693. **Changes to these Terms.** In the case of relevant changes that require the user´s consent, we will present the new Terms to obtain your consent in relation to the new Terms.
4704. **Applicable Law and Jurisdiction.** These Terms, their subject matter and their formation, are governed by Brazilian law. You and we both agree that the courts of Brazil will have exclusive jurisdiction.
4715. **Language.** These Terms of Service may have been prepared in the English language and in the Portuguese language. If you are a user residing in Brazil, you shall refer to the Portuguese version, which shall prevail.
4726. **Your Content.** In connection with your use of the Services, you may be able to upload or submit content to be made available through the Services ("Your Content"). As a condition of your use of the Services, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, host, cache, reproduce, transmit, and display Your Content in connection with your use of the Services. By submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to upload the material and to grant us the license described above. Notwithstanding anything to the contrary, we do not, nor have any obligation to maintain Your Content. Your Content will not be available once you delete the Platform.
4737. **Use of the Platform.** You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the Platform. We do not guarantee that the Platform can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Platform or will be available in any particular geographic location. As part of the Services, you may receive push notifications or other types of messages directly sent to you in connection with the Platform ("Push Messages"). You acknowledge that, when you use the Platform, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Platform, including your receipt of Push Messages. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Platform on your mobile device, including for your receipt of Push Messages.
4748. **Termination.** We reserve the right, in our sole discretion, to deny access to the Platform and the Services by any User, or to modify, suspend or terminate any User's access to or use of the Platform and the Services at any time, for any reason or for no reason, without notice. We may also, in our sole discretion and at any time, discontinue providing the Platform and the Services, or any part thereof, with or without notice. We may notify the User about the termination or suspension of the account or discontinuance of the Platform and the Services within 15-days prior notice given by communication via e-mail, message, app or other alternative means of communication only if User has not given cause for such termination, suspension or discontinuance, otherwise we are not obliged to make any prior communication to the User.
475
476**Japan**
477
478If you are using the Platform in Japan, the following additional terms apply:
479
480**Section 4 (Changes to these Terms):** Section 4 shall be amended and replaced in its entirety with the following:
481
482We may amend or update these Terms from time to time, to reflect changes, updates or new features to the Platform and/or Services or when there are regulatory changes. Unless otherwise required by applicable laws, we will use commercially reasonable efforts to notify you of any material changes to these Terms, such as through a notice on the Platform or by other means. You should check such notices and review these Terms regularly to stay informed of our latest practices.
483
484Each time when we update these Terms, we will also update the "Last Updated" date at the top of these Terms. The "Last Updated" date reflects the effective date of the updated Terms. Your continued access to or use of the Platform and/or Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms, subject to applicable laws. If you do not agree to the updated Terms, you must stop accessing or using the Platform and Services.
485
486**Section 8 (Cloud Space Services):** The fifth paragraph of Section 8 shall be amended and replaced in its entirety with the following:Unless otherwise required by applicable laws, we will use commercially reasonable efforts to notify you in advance if the cloud space storage capacity applicable to you will be suspended or cleared up. Within the time limit that we notify you of in advance, you should transfer and back up your content (including but not limited to your video drafts, photos, stickers and other materials) stored in the cloud space provided by the Platform before the expiration of such Service Plan, and ensure that the content you store does not exceed the storage capacity that you are entitled to use, so as to avoid the loss of your content and data due to the absence of sufficient cloud space storage capacity.
487
488**Section 13 (LIMITATION OF LIABILITY):** Section 13 does not apply to your loss or damage related to or arising from our gross negligence or willful misconduct.
489
490**Section 15.a (Applicable Law and Jurisdiction):** Section 15.a shall be amended and replaced in its entirety with the following:
491
492These Terms, their subject matter and their formation, are governed by the laws of Japan. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be subject to the exclusive jurisdiction as first instance of the Tokyo District Court.
493
494**South Korea**
495
496If you are using the Platform in South Korea, the following additional terms apply:
497
498**Applicable Law and Jurisdiction.** Notwithstanding Section 15.a. above, these Terms, their subject matter and their formation, are governed by Korean law. You and we both agree that courts of Korea will have exclusive jurisdiction.
499
500**Limitation of Liabilities.** No limitation of liabilities set out above shall be applicable to the extent any loss or damage is incurred by you as a result of our willful misconduct or negligence.
501
502**Parental and Guardian Consent.** The Services are only available for individuals 14 years old and over. If you are over the age of 14 but under the age of 19, you declare that you have the consent of your parent or legal guardian to receive the Services or to register an account for the Services.
503
504**Change to the terms.** The following terms shall apply with priority over Section 4 above.
505
506- We amend these Terms from time to time to the extent that is permitted by the applicable laws.
507- In the event we amend these Terms, we will notify you of the effective date of the changes and the reasons for applying the amendments through a notice to be posted on the landing page of our website or the splash screen of our mobile app, starting at least 7 days before the effective date of the new Terms until the day before the effective date; provided, however, in the event of any amendments that are material or will be disadvantageous to you, we will make reasonable efforts to provide prior notice to you, and the new Terms shall take effect at least 30 days after the first date of notice. However, any changes related to the new functions of the service that benefit users or for legal reasons may be effective immediately.
508- If you fail to explicitly express your objection to the amended Terms even though we notified you that your failure to do so within the above advance notification period will be considered as an acceptance of the changes, you will be considered to have agreed to the new Terms.
509
510**Content.** The following terms shall apply with priority over the second paragraph of Section 10 above.
511
512- Subject to these terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including the downloading of the Platform on a permitted device, and to access the Company's Content for your personal use through your the Services and in compliance with these Terms. The Company reserves all rights not expressly granted herein in the Services and the Company's Content. You acknowledge and agree that the Company may terminate this license at any time for any reason or no reason, if deemed necessary at our reasonable discretion.
513- We will not disclose your identity to any third party unless permitted by the applicable law or with your consent.
514
515**Prior Notification of Service Restrictions, etc.** In the event we implement changes that are unfavorable to you (including our suspension or restriction of the availability of our Services), we will notify you individually of the reason for the action without delay. However, in the event that individual notice is prohibited for legal reasons or is reasonably deemed to cause harm to Users, third parties, CapCut and our affiliates (e.g., if the notification violates the laws and regulations or the order of the regulatory authorities, if it interferes with any investigations, if it damages the security of our Services, etc.), the notification may not be issued.
516
517**Consent to the Terms.** The following terms shall apply with priority over the first paragraph of Section 2 above. These Terms are effectuated when you consent to these Terms, submit a request to use the relevant service and we accept such request. Your access to and use of our Services are also subject to our [Privacy Policy](http://www.capcut.com/clause/privacy-policy), the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device's applicable app store, and is incorporated herein by reference. Notwithstanding Section 2 above, by consenting to these Terms, you are not consenting to our Privacy Policy. You must consent to the Privacy Policy separately from these Terms.
518
519**Thailand**
520
521If you are using the Services in Thailand, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
522
523**Parental and Guardian Consent.** If you are under the age of 20, or if you are a quasi- incompetent person, or an incompetent person, you declare that your parent or legal guardian has acknowledged these Terms and you have the consent of your parent or legal guardian to use the Services.
524
525**Language.** Any local language translation (where applicable) of these Terms exists for reference purposes only, and only the English version shall take precedence. If there is any inconsistency between different versions, the English version shall prevail.
526
527**Indonesia**
528
529If you are using our Services in Indonesia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
530
531**Accepting these Terms.** By using the Services, you represent and warrant that you are at least 21 years of age or married or not under guardianship. If you are (i) below 21 years old and you are not married or (ii) under guardianship, your account must be opened under the name of your parent(s) or guardian(s). Further, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting to these Terms, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with these Terms; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protection. If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not willing to open the account under their name, you must cease accessing the Services.
532
533**Limitation of Liabilities.** The limitation of liabilities set out in Section 13 (Limitation of Liability) above shall not be applicable to the extent any loss or damage is incurred by you as a result of our willful misconduct or negligence.
534
535**Age Limit.** The Services are only for people who are 14 years old or older in Indonesia.
536
537**Waiver.** We and you expressly agree to waive and set aside our respective rights and obligations under any applicable laws in the event of any termination of these Terms to the extent that such law requires any judicial pronouncement for the termination of these Terms.
538
539**Language.** These Terms have been prepared in the English language and Indonesian language. In the event of any inconsistency or different interpretation between the English text and Indonesian text, the English text shall prevail and the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make the relevant Indonesian text consistent with the relevant English text. Each party acknowledges that it has read these Terms and understands its content and that these Terms have been entered into freely and without duress. You acknowledge that you fully understand the language and the content of these Terms, and you agree that you will not use the provisions under Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem, Presidential Regulation No. 63 of 2019 on Use of Indonesian Language or any other laws and regulations to invalidate these Terms.
540
541**Mexico**
542
543If you use our Services in Mexico, the following additional terms apply. In the event of a conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail. If you are under the age of 18, you may only use the Services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed, discussed and agreed to these Terms, with you.
544
545**Personal Data.** We will process your personal data for purposes related to the execution and administration in accordance with our Privacy Policy and these Terms. You grant us consent to share your personal data with third parties if necessary to comply with our obligations. You may exercise your data protection rights by contacting us via the Privacy Report.
546
547We may process your personal data to contact you and require additional or complementary information related to the intents established in these Terms.
548
549**Language.** These Terms have been prepared in the English language and in the Spanish language. If you are residing in Mexico, you shall refer to the Spanish version, which shall prevail.
550
551**Applicable Law and Jurisdiction.** These Terms, their subject matter and their formation, are governed by the laws of Mexico. Any dispute arising out of or in connection with these Terms, including any question relating to the existence, validity or termination of these Terms, when applicable, may be brought to the conciliation process before the Procuraduría Federal de Protección al Consumidor (Consumer Protection Agency) located in Mexico City, or submitted to the jurisdiction of the competent courts located in Mexico City.
552
553**Australia**
554
555If you are using the Platform in Australia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
556
557- **Limitation of Liability.** The limitation of liabilities set out in Section 13 (Limitation of Liability) above shall not be applicable to the extent that any direct, indirect, incidental, special, consequential, or exemplary damages are incurred by you as a result of our negligence, fraud or wilful misconduct.
558- **Online Safety Act.** If you wish to make a report or complaint to CapCut about: (a) CapCut's compliance with Australia's Online Safety Act 2021 (Cth); or (b) any material accessible on the Platform that you believe violates Australia's Online Safety Act 2021 (Cth); or (c) CapCut's handling of that material, you can do so by sending an email to [capcut.support@bytedance.com](mailto:capcut.support@bytedance.com) for CapCut or [support@mail.pippit.ai](mailto:support@mail.pippit.ai) for Pippit, with the subject heading "Australia - Online Safety Act".
559- **Australia's eSafety Commissioner.** You can find more information about Australia's eSafety Commissioner and how CapCut is meeting compliance requirements under the Australian Online Safety Act 2021 (Cth) at https://www.capcut.com/clause/australian-online-safety.
413You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by TikTok USDS Joint Venture or you (or any other user) under these Terms or the Google Play Terms.