{"service":{"name":"TikTok","url":"https://www.tiktok.com/legal/terms-of-service?lang=en#terms-eea","lang":"ENG","sector":"Social","hq":"China","hq_category":"Other","is_public":"Private","is_paid":"Free","date":"01.07.2020"},"document":{"title":"","text":"Terms of Service\n(If you are a user having your residence in the EEA, the United Kingdom or Switzerland)\nLast updated: July 2020\n1. Your Relationship With Us\nWelcome to TikTok.\nTikTok is a leading platform for creating and sharing short-form videos (the “Platform”). You are reading the\nterms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us\nand set forth the terms and conditions by which you may access and use the Platform and our related websites\n(such as tiktok.com), services, applications, products and other content which are stated to be offered subject to\nthese Terms (collectively, the “Services”). \nThe Services are provided by the company that offers the Services in your region (“TikTok”, “we” or “us”):  \nResidents of the EEA + Switzerland: The Services are provided by TikTok Technology Limited,\nwhich is registered in Ireland with its registered office at 10 Earlsfort Terrace, Dublin, D02 T380,\nIreland and company number 635755.\nResidents of the United Kingdom: The Services are provided by TikTok Information\nTechnologies UK Limited, which is registered in England with its registered office at 6th Floor,\nOne London Wall, London, EC2Y 5EB, United Kingdom.\nYour Service provider may change if you relocate to another country and continue using our Services. The\nServices are provided for private, non-commercial use. For the purposes of these Terms, “you” and “your”\nmeans you as the user of the Services.\nThe Terms form a legally binding agreement between you and us. Please take the time to read them carefully\nand if you do not agree to them, please do not register, access or use any of the Services.\n2. Description of the Services \nThe Services and the Platform are only for people 13 years old and over. \nYou can use the Services and the Platform via the TikTok mobile apps (“App”) and via the TikTok Website\n(“Website”). Certain functions are available only in the App. Further, not all Services or features may be available\nin your country or region. Different features may be available in different versions of the Services. Certain\nfeatures are not available for users under a certain age. \nThe Services allow you to create, publish and share short-form videos and to consume videos other users have\ncreated and interact with those videos and other users. \nCreate and share videos: In particular:\n\nYou can record or import videos into the Services. \nYou can edit videos and enrich them with filters and additional elements. \nYou can also include content from other users in your videos, provided the creator of the\nrespective video allows the use of their content for such purposes. Other users can use your\ncontent in their videos, if you allow the use of your content for such purposes.\nYou can publish videos in the Services so that other users can consume your videos. Videos\nyou publish publicly will be available in the App and on the Website.\nYou can share your videos, or videos of others that have enabled sharing, via various\nmessaging services and on third-party social media platforms (e.g. Instagram, Facebook,\nYouTube, Twitter) in accordance with the respective terms of service.\nYou can enter a video description, tags and various privacy settings when publishing a video.\nYou can enter a short biography text and profile picture in your public user profile.\nSubject to the conditions of our Virtual Items Policy you can live stream, use live streaming\nfeatures, purchase coins and exchange coins for gifts (the “Live Stream Program”). \nConsume videos: You can consume videos of other users of the Services. In particular:\nYou can consume videos that other users have shared publicly or by users you follow.\nThe Service provides you with a customised “For You” page in which the Service selects videos\nto show you based on what the Service determines could be interesting for you. For further\ninformation, please see the Privacy Policy. \nThe Service provides other ways to find content for you to consume, e.g. a list of other users’\nvideos on their profile, a search function, and category selection.\nYou can watch live streams of other users.\nInteract with other users: You can interact with users’ content and other users. In particular:\nDirect messages: You can send direct messages to users if they follow you. \nLikes: You can like videos. \nComments: Subject to users’ settings, you can post comments on their videos.\nFollows: You can follow users. If users restrict their profile, you can only follow users if they\napprove your request to follow.\n“Find Friends” functionality: You can find friends through your phone address book and through\nFacebook. \n\nPro Accounts: You can also upgrade your user account to a free “Pro Account”. A Pro Account gives you access\nto additional features, such as aggregated statistics about your content. If you participate in the TikTok Creator\nMarketplace (“Marketplace”), you can use the Pro Account menu to access settings and manage requests\nrelating to Marketplace functions. \nLimitations to the Services: We strive to offer the Service without significant interruptions and to improve the\nService continuously. However, it may occur that the service is completely or partially unavailable for certain\nperiods of time for reasons of planned or unplanned downtime, for maintenance or in case of technical difficulties.\n3. Accepting the Terms\nBy registering, accessing or using the Services, you agree that you can, and are entering into a legally binding\ncontract with TikTok comprised of the Terms, that you are 13 years old or over and that you accept these Terms\nand that you agree to comply with them. \nYour access to and use of our Services is also subject to our Community Guidelines and our Virtual Items\nPolicy, the terms of which can be found directly on the Platform, or where the Platform is made available for\ndownload, on your mobile device’s applicable app store. Those additional guidelines and policies are\nincorporated into this legally binding contract between you and us by reference.\nPlease also review our Privacy Policy as this governs how we use your personal information.  \nIf you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you\nand that business or entity, (b) you represent and warrant that you are an authorized representative of the\nbusiness or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the\nentity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the\nServices as well as for the access or use of your account by others affiliated with your entity, including any\nemployees, agents or contractors.\nWhile we will always have a copy of our current Terms available on the Platform (including the “Last Updated”\ndate), you should print off or save a local copy of the Terms for your records. \n4. Changes to the Terms and Services\nWe are constantly innovating, changing and improving the Services. We may also amend these Terms from time\nto time, for instance when we update the functionality of the Services, or when there are regulatory changes that\nimpact these Terms or the Services. \nWe will provide reasonable advance notice such as through a notice on our Platform of any material\nmodifications to these Terms or our Services that will materially disadvantage you or materially limit the access or\nusage of our Services. However, you should also look at the Terms regularly to check for such changes. We will\nalso update the “Last Updated” date at the top of these Terms, to reflect the effective date of the most recently\nupdated version of the Terms. As we do not permit the use of the Services by persons who do not agree to\ncomply with our Terms, your continued access or use of the Services after the date of the new Terms constitutes\n\nyour acceptance of such new Terms. If you do not agree to the new Terms, you must stop accessing or using the\nServices and close your account (if applicable).\nFor modifications to the Terms or to the Services that we need to make to meet security, safety, legal or\nregulatory requirements, we may not be able to notify you in advance but we will let you know as soon as\npracticable.\n5. Your Account with Us\nTo access or use some of our Services, you must create an account with us. When you create this account, you\nmust provide accurate and up-to-date information. It is important that you maintain and promptly update your\ndetails and any other information you provide to us, to keep such information current and complete. The Terms\nare also accessible to you on the Platform at all times. It is important that you keep your account password\nconfidential and that you do not disclose it to any third party. If you know or suspect that any third party knows\nyour password or has accessed your account, you must notify us immediately\nat: https://www.tiktok.com/legal/report/feedback.\n6. Termination \nWe reserve the right to temporarily or permanently suspend or terminate your user account or impose limits on or\nrestrict your access to parts or all of the Services with or without notice at any time for any or no reason\nincluding: \nif we reasonably believe you violate, or we have objective grounds to reasonably believe you\nare about to violate, the Terms, including any incorporated agreements, policies or guidelines\n(such as our Community Guidelines), or any applicable laws or regulations; \nif activities occur on your account which, in our sole discretion, would or might cause damage to\nor impair us or our Services or infringe or violate any third party rights (including intellectual\nproperty rights); \nin response to requests by law enforcement or other government agencies under valid legal\nprocess; \ndue to unexpected technical or security issues or problems; or \nif there are extended periods of inactivity in your account. \nIf we permanently suspend or terminate your user account, we will notify you in advance in order to allow you\ntime to access and save your information and content unless we have reason to believe that continued access to\nyour account will cause damage to us or our Services, or violate requests by law enforcement or other\ngovernment agencies, applicable laws or regulations or third party rights.  \nSubject to any statutory rights you might have, if your account is temporarily or permanently suspended or\nterminated, access to your username, password, and any related information or content associated with your\n\naccount may be suspended or terminated. As we do not guarantee the permanent availability of your content,\nyou should make backups of any content you value. \nIf you no longer want to use our Services, you can request the deletion of your account through the functionalities\nprovided on the Platform. You can also contact us at: https://www.tiktok.com/legal/report/feedback. We will\nprovide you with further assistance and guide you through the process of the deletion of your account. Please be\naware that once you choose to delete your account, you will not be able to reactivate your account or retrieve any\nof the content or information you have added.\n7. Your use of the Services\nYour access to and use of the Services is subject to these Terms and all applicable laws and regulations. You\nmay not:\naccess or use the Services if you are not 13 years old or older, or if you are otherwise unable to\nagree to these Terms;\nmake copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any\nderivative works based on the Services, including any files, tables or documentation (or any\nportion thereof) or determine or attempt to determine any source code, algorithms, methods or\ntechniques embodied in the Platform or any derivative works thereof unless any such activities\nare expressly authorised by us in advance;\ndistribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative\nworks thereof;\nmarket, rent or lease the Services for a fee or charge, or use the Platform to advertise or\nperform any commercial solicitation unless such activities are expressly authorised by us in\nadvance; \nuse the Services, without our express written consent, for any commercial or unauthorized\npurpose, including communicating or facilitating any commercial advertisement or solicitation or\nspamming;\ninterfere with or attempt to interfere with the proper working of the Services, disrupt the Platform,\nour Website or any networks connected to the Services, or bypass any measures we may use to\nprevent or restrict access to the Services;\nincorporate the Platform or any portion thereof into any other program or product and, in such\ncase, we reserve the right to refuse service, terminate accounts or limit access to the Services\nat our sole discretion;\nuse any automated system or software, whether operated by a third party or otherwise, to\nextract any data from the Service for commercial purposes (“screen scraping”);\nimpersonate any person or entity, or falsely state or otherwise misrepresent you or your\naffiliation with any person or entity, including giving the impression that any content you upload,\n\npost, transmit, distribute or otherwise make available emanates from the Services;\nintimidate or harass another, or promote sexually explicit material, violence or discrimination\nbased on race, sex, religion, nationality, disability, sexual orientation or age;\nuse or attempt to use another’s account, service or system without authorisation from TikTok, or\ncreate a false identity on the Services;\nuse the Services in a manner that may create a conflict of interest for you or us or that\nundermine the purposes of the Services, such as trading reviews with other users or writing or\nsoliciting shill reviews;\nuse the Services to either intentionally, recklessly or negligently upload, transmit, distribute,\nstore or otherwise make available: \nany material which does or may infringe applicable laws or which infringes someone else’s\nrights; \nany viruses, trojans, worms, logic bombs or other material that is malicious or technologically\nharmful; \nany unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”,\n“spam”, “chain letters”, “pyramid schemes”, or any other prohibited form of solicitation; \nany material which does or may infringe any copyright, trade mark or other intellectual\nproperty of any other person;\nany material which infringes privacy or personality rights of any other person or deceased\nperson; \nany material which is defamatory of any person, obscene, offensive, pornographic, hateful or\ninflammatory; \nany material that would constitute, encourage or provide instructions for a criminal offence,\ndangerous activities or self-harm; \nany material that is deliberately designed to provoke or antagonise people, especially trolling\nand bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset\npeople; \nany material that contains a threat of any kind, including threats of physical violence; \nany material that is racist or discriminatory, including discrimination on the basis of someone’s\nrace, religion, age, gender, disability or sexuality; \nany answers, responses, comments, opinions, analysis or recommendations that you are not\nproperly licensed or otherwise qualified to provide; \n\nany material that, in the sole judgment of TikTok, is objectionable or which restricts or inhibits\nany other person from using the Services, or which may expose TikTok, the Services or its\nusers to any harm or liability of any type.\nIn addition to the above, your access to and use of the Services must, at all times, be compliant with\nour Community Guidelines.\nWe reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend\naccess to content if in our sole opinion the content violates or potentially violates these Terms or our Community\nGuidelines, third party rights (including intellectual property rights), applicable laws or regulations or is otherwise\nharmful to the Services, our users or third-parties. \n8. Intellectual Property Rights\nWe respect intellectual property rights and ask you to do the same. As a condition of your access to and use of\nthe Services, you agree not to infringe intellectual property rights of any person while using the Services. For\nexample, you agree not to upload any content that is the property of someone else to the Services. \n9. Content\nTikTok Content\nAs between you and TikTok, all content, software, images, text, graphics, illustrations, logos,\npatents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look\nand feel” of the Services, the Platform and the App, and all intellectual property rights related\nthereto (the “TikTok Content”), are either owned or licensed by TikTok, it being understood that\nyou or your licensors will own any User Content (as defined below) you upload or transmit\nthrough the Services. Use by you of the TikTok Content or other materials available as part of\nthe Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such\ncontent and materials may not be downloaded, copied, reproduced, distributed, transmitted,\nbroadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without\nour or, where applicable, our licensors’ prior express written consent. We and our licensors\nreserve absolutely and unconditionally all rights arising out of or in connection with the Services\nand the TikTok Content not expressly granted in and to such content and materials.\nYou acknowledge and agree that we may generate revenues, increase goodwill or otherwise\nincrease our value from your use of the Services, including, by way of example and not\nlimitation, through the sale of advertising, sponsorships, promotions, usage data and gifts and\nexcept as specifically permitted by us in these Terms or in another agreement you enter into\nwith us, you will have no right to share in any such revenue, goodwill or value whatsoever. You\nfurther acknowledge that, except as specifically permitted by us in these Terms or in another\nagreement you enter into with us, you (i) have no right to receive any income or other\nconsideration from any User Content (defined below) or your use of any musical works, sound\nrecordings or audiovisual clips made available to you on or through the Services, including in\nany User Content created by you, and (ii) are prohibited from exercising any rights to monetize\n\nor obtain consideration from any User Content within the Services or on any third party service\n(including, without limitation, YouTube, Facebook, Instagram, Twitter or any other social media\nplatform) to the extent that such User Content has been in any way edited or otherwise altered\nthrough the Services (including through the use of TikTok Elements (as defined below)). \nSubject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-\nsublicensable, revocable, worldwide license to access and use the Services, including to\ndownload the Platform on a permitted device, and to access the TikTok Content solely for your\npersonal, non-commercial use through your use of the Services and solely in compliance with\nthese Terms. TikTok reserves absolutely and unconditionally all rights not expressly granted\nherein in the Services and the TikTok Content. You acknowledge and agree that upon any\ntermination of your account or these Terms, this license granted to you in respect of the\nServices will automatically terminate.\nNO RIGHTS ARE LICENSED TO YOU UNDER THESE TERMS WITH RESPECT TO SOUND\nRECORDINGS (AND THE MUSICAL WORKS EMBODIED THEREIN) THAT ARE MADE\nAVAILABLE FROM OR THROUGH THE SERVICES.\nYou acknowledge and agree that when you view content provided by others on the Services,\nyou are doing so at your own risk. The content on our Services is provided for general\ninformation only. It is not intended to amount to advice on which you should rely. You must\nobtain professional or specialist advice before taking, or refraining from, any action on the basis\nof the content on the Services.\nWe make no representations, warranties or guarantees, whether express or implied, that any\nTikTok Content (including User Content) is accurate, complete or up to date. Where the Services\ncontain links to other sites and resources provided by third parties, these links are provided for\nyour information only. We have no visibility or control over the contents on or available through\nthose sites or resources and you acknowledge and agree that we have no liability for any such\ncontent. Such links should not be interpreted as approval by us of those linked websites or\ninformation you may obtain on or through them. You acknowledge that we have no obligation to\npre-screen, monitor, review, or edit any content posted by you and other users on the Platform\n(including User Content).\nUser-Generated Content\nUsers of the Services may be permitted to upload, post or transmit (such as via a stream) or\notherwise make available content through the Services including, without limitation, any text,\nphotographs, user videos, sound recordings and the musical works embodied therein (including\nvideos that incorporate locally stored sound recordings from your personal music library and\nambient noise) uploaded to, or otherwise made available through, the Services (“User\nContent”). You acknowledge and agree that users of the Services may also extract all or any\nportion of User Content uploaded or otherwise made available by you through the Services so\nas to produce additional User Content, including collaborative User Content with other users\nthat combine and intersperse with User Content generated by you and other users. \n\nUsers of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and\nfurther explained in the Virtual Items Policy) and other elements provided bv TikTok (“TikTok\nElements”) onto User Content and transmit this User Content through the Services. The\ninformation and materials in the User Content, including User Content that includes TikTok\nElements, have not been verified or approved by us. The views expressed by other users on the\nServices (including through use of the virtual gifts) do not represent our views or values.\nWhenever you access or use a feature that allows you to upload or transmit User Content\nthrough the Services (including via certain third party social media platforms such as Instagram,\nFacebook, YouTube or Twitter), or to make contact with other users of the Services, you must\ncomply with the standards set out at Section 7 above. You may also choose to upload or\ntransmit your User Content, including User Content that includes TikTok Elements, on sites or\nplatforms hosted by third parties. If you decide to do this, you must comply with their content\nguidelines as well as with the standards set out in this Section 9 above. You warrant that any\nsuch contribution does comply with those standards, and you will be liable to us and indemnify\nus for any breach of that warranty. This means you will be responsible for any loss or damage\nwe suffer as a result of your breach of warranty.\nAny User Content will be considered non-confidential. You must not post any User Content on or\nthrough the Services or transmit to us any User Content that you consider to be confidential or\nproprietary to any other person. When you submit User Content through the Services, you agree\nand represent that you own that User Content, or you have received all necessary permissions\n(including any necessary licenses), clearances from, or are authorised by, the owner of any part\nof the content to submit such User Content to the Services, to transmit it from the Services to\nother third party platforms, and/or to otherwise make any use of such User Content on or\nthrough the Services.\nIf you only own the rights in and to a sound recording, but not to the underlying musical works\nembodied in such sound recordings, then you must not upload or otherwise make available\nsuch sound recordings through the Services unless you have all permissions (including any\nnecessary licenses), clearances from, or are authorised by, the owner of any part of the content\nto submit it to the Services .\nExcept as expressly provided otherwise in these Terms, you or the owner of your User Content\nstill own the copyright and any other intellectual property rights in User Content sent to us, but\nby submitting User Content via the Services, you hereby grant (i) to us and our affiliates, agents,\nservices providers, partners and other connected third parties an unconditional irrevocable, non-\nexclusive, royalty-free, fully transferable (including sub-licensable), perpetual worldwide licence\nto use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or\ndistribute and to authorise others users of the Services and other third-parties to view, access,\nuse, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your\nUser Content in any format and on any platform, either now known or hereinafter invented; (ii) to\nother users of the Services an unconditional irrevocable, non-exclusive, royalty-free, perpetual\nworldwide licence to use, modify, adapt, reproduce, make derivative works of, download, publish\n\nand/or transmit, and/or distribute some or all of your User Content in any format and on any\nplatform, either now known or hereinafter invented for the purpose of generating other User\nContent or viewing your User Content for entertainment or other private, non-commercial\npurposes.\nYou further grant us and our affiliates, agents, services providers, partners and other connected\nthird parties a royalty-free license to use your user name, image, voice, and likeness to identify\nyou as the source of any of your User Content.\nFor the avoidance of doubt, the rights granted in the preceding paragraphs of this Section\ninclude, but are not limited to, the right to reproduce sound recordings (and make mechanical\nreproductions of the musical works embodied in such sound recordings), and publicly perform\nand communicate to the public sound recordings (and the musical works embodied therein), all\non a royalty-free basis. This means that you are granting us the right to use your User Content\nwithout the obligation to pay royalties to you or any third party, including, but not limited to, a\nsound recording copyright owner (e.g. a record label), a musical work copyright owner (e.g. a\nmusic publisher), a performing rights organisation (e.g. ASCAP, BMI, SESAC, etc.) (a “PRO”), a\nsound recording PRO (e.g. SoundExchange), any unions or guilds, and engineers, producers or\nother royalty participants that may be involved (either knowingly or otherwise) in the creation of\nUser Content.\nSpecific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical\nwork and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through\nthese Terms in your User Content to us. You are solely responsible for ensuring your compliance with the\nrelevant PRO’s reporting obligations and any other terms of that PRO applicable to you. If you have assigned\nyour rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-\nfree license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms\nwith us. Just because you authored a musical work (e.g. wrote a song) does not mean you have the right to grant\nus the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely\nresponsible for ensuring that your use of the Services is in compliance with any contractual obligations you may\nhave to your record label, including if you create any new recordings through the Services that may be claimed\nby your label.\nThrough-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided\non a through-to-the-audience basis, meaning the owners or operators of third party services will not have any\nseparate liability to you or any other third party arising out of or in connection with such availability of your User\nContent through such third party services.\nWaiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to\nprior inspection or approval of any marketing or promotional materials related to such User Content. You also\nwaive (to the extent permitted by applicable law) any and all rights of privacy, publicity, or any other rights of a\nsimilar nature in connection with your User Content, or any portion thereof. You hereby waive (to the extent\npermitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect of\nany of the User Content you upload or otherwise make available through the Services, or to support, maintain or\npermit any action based on any such moral rights.\n\nYou acknowledge and agree that in certain circumstances, we also have the right to disclose your identity to any\nthird party who is claiming that any User Content posted or uploaded by you to our Services constitutes a\nviolation of their intellectual property rights, or of their right to privacy.\nWe, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their\nsole discretion. We have the right to remove, disallow, block or delete any posting you make on our Platform if, in\nour opinion, your post does not comply with the content standards set out at Section 7 (Your Use of Our\nServices) above. In addition, we have the right – but not the obligation – in our sole discretion to remove,\ndisallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to\ncomplaints from other users or third parties, with or without notice and without any liability to you. As a result, we\nrecommend that you save copies of any User Content that you post to the Services on your personal device(s) in\nthe event that you want to ensure that you have permanent access to copies of such User Content. We do not\nguarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances\nwill we be liable in any way for any User Content.\nYou control whether your User Content is made publicly available on the Services to all other users of the\nServices or only available to people you approve. To change the default access setting for how your User\nContent is made available to other users, you should access the privacy setting available within the Services and\nfollow the simple and clearly delineated steps set out therein.\nWe accept no liability in respect of any content or information submitted by users of the Services and published\nby us, or on our behalf, on any of the Services or elsewhere by third parties.\nIf you find inappropriate content that violates our Community Guidelines or have any other issues you'd like to\nraise, you can send us a report. \nWhile our own staff is continually working to develop and evaluate our own product ideas and features, we pride\nourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the\nuser community. If you choose to contribute by sending us or our employees any ideas for products, services,\nfeatures, modifications, enhancements, content, refinements, technologies, content offerings (such as audio,\nvisual, games, or other types of content), promotions, strategies, or product/feature names, or any related\ndocumentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless\nof what your accompanying communication may say, the following terms will apply, so that the status of such\nFeedback is clearly understood by you and us. Accordingly, by sending Feedback to us, you agree that:\nwe have no obligation to review, consider, or implement your Feedback, or to return to you all or\npart of any Feedback for any reason;\nFeedback is provided on a non-confidential basis, and we are not under any obligation to keep\nany Feedback you send confidential or to refrain from using or disclosing it in any way; and\nyou irrevocably grant us an unconditional, non-exclusive, royalty free, fully transferable\n(including sub-licensable), perpetual worldwide and unlimited license to adapt, reproduce,\ndistribute, create derivative works of, modify, publicly perform (including on a through-to-the-\naudience basis), communicate to the public, make available, publicly display, and otherwise use\n\nand exploit the Feedback and derivatives thereof for any purpose and without restriction, free of\ncharge and without attribution of any kind, including by making, using, selling, offering for sale,\nimporting, and promoting commercial products and services that incorporate or embody\nFeedback, whether in whole or in part, and whether as provided or as modified.\n10. Indemnity\nYou agree to defend, indemnify, and hold harmless TikTok, its parents, subsidiaries, and affiliates, and each of\ntheir respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs,\ndamages, losses and expenses (including, but not limited to, attorneys’ fees and expenses) arising out of or in\nconnection with any breach by you (or any user of your account for any of the Services) of these Terms, including\nbut not limited to a breach of your obligations, representation and warranties.\n11. EXCLUSION OF WARRANTIES\nNOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU: (I) CANNOT\nCONTRACTUALLY AGREE TO ALTER OR WAIVE; AND (II) ARE LEGALLY ALWAYS ENTITLED TO AS A\nCONSUMER.\nTHE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU\nWITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:\nYOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;\nYOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE\nFROM ERROR;\nANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES\nWILL BE ACCURATE OR RELIABLE OR FREE FROM ERROR; AND\nDEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO\nYOU AS PART OF THE SERVICES WILL BE CORRECTED.\nTO THE EXTENT ALLOWED UNDER APPLICABLE LAW, NO CONDITIONS, REPRESENTATIONS,\nWARRANTIES, STATEMENTS OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO\nSATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO\nTHE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE\nMAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR\nPLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.\n12. LIMITATION OF LIABILITY\nNOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT\nBE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH\nOR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES,\nAGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.\n\nSUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU WHETHER\nIN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR\nOTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OR\nRECEIPT OF THE SERVICES FOR : (I) ANY LOSS OF PROFIT (II) ANY LOSS OF\nGOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA; (V) ANY LOSS\nOF BUSINESS; (VI) ANY BUSINESS INTERRUPTION; (VII) ANY LOSS OF BUSINESS\nREPUTATION; OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER\nNATURE. \nSUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL AGGREGATE\nLIABILITY WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY\nSTATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS AND THE\nPROVISION AND RECEIPT OF THE SERVICES WILL BE LIMITED TO THE HIGHER OF: (I)\nTHE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE 12 MONTH PERIOD IMMEDIATELY\nPRECEDING YOUR CLAIM AGAINST TIKTOK; OR (II) € 100.00. \nYOU ACKNOWLEDGE AND AGREE THAT SUBJECT TO THE FIRST PARAGRAPH OF THIS\nSECTION 12, WE SHALL NOT BE LIABLE WHETHER IN CONTRACT, IN TORT\n(INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE FOR ANY LIABILITY,\nLOSS, EXPENSE (INCLUDING LEGAL FEES), COST CLAIM OR DAMAGES WHICH MAY\nBE INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION\nWITH: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR\nEXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR\nTRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE\nADVERTISING APPEARS ON THE SERVICES; ANY CHANGES WHICH WE MAY MAKE TO\nTHE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE\nPROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE\nDELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER\nCOMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE\nOF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT\nINFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS\nSECURE AND CONFIDENTIAL.\nPLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU\nAGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES UNLESS WE\nHAVE GRANTED EXPRESS WRITTEN CONSENT.  \nIF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL\nCONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE\nAND SKILL, WE WILL EITHER REPAIR THE DAMAGE (IN WHICH CASE YOU WILL BE RESPONSIBLE\nFOR COMPLYING WITH OUR DIRECTIONS IN RELATION TO THE DELIVERY OF THE DEVICE TO US OR\nOUR SERVICE PROVIDERS) OR PAY YOU REASONABLE COMPENSATION. HOWEVER, WE WILL NOT BE\nLIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN\nUPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING\n\nTO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM\nSYSTEM REQUIREMENTS ADVISED BY US.\nTHESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN\nADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.\nYOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR\nSERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE\nCHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. \n13. Other Terms\nGoverning Law and Jurisdiction. \nResidents of the EEA and Switzerland. These Terms and any dispute or claim (including\nnon-contractual disputes or claims) arising out of or in connection with their subject matter,\nare governed by the laws of Ireland subject only to any applicable mandatory law in the\ncountry in which you reside. The United Nations Convention on Contracts for the International\nSale of Goods as well as any other similar law, regulation or statute in effect in any other\njurisdiction shall not apply. You and TikTok agree that the Irish courts shall have non-\nexclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or\nclaims) arising out of or in connection with the Terms or their subject matter or formation\nsubject only to any applicable mandatory law in the country in which you reside or choice of\njurisdiction provisions that cannot be varied by contract. Alternatively, you may raise the\ndispute with an alternative dispute resolution body via the EU Commission’s Online Dispute\nResolution (ODR) Platform.\n\nResidents of the United Kingdom.  These Terms and any dispute or claim (including non-\ncontractual disputes or claims) arising out of or in connection with their subject matter, are\ngoverned by the laws of England and Wales. The United Nations Convention on Contracts for\nthe International Sale of Goods as well as any other similar law, regulation or statute in effect\nin any other jurisdiction shall not apply. You and TikTok agree that the courts of England and\nWales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-\ncontractual disputes or claims) arising out of or in connection with the Terms or their subject\nmatter or formation. Alternatively, you may raise the dispute with an alternative dispute\nresolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform.\n\nOpen Source. The Apps contain certain open source software. Each item of open source\nsoftware is subject to its own applicable license terms, which can be found in our Open Source\nPolicy.\n\nEntire Agreement. These Terms (including the Supplemental Terms below) constitute the\nwhole legal agreement between you and TikTok and replace any prior applicable Terms and\nConditions that governed the service prior to the Last Updated date specified above.\n\nNo Waiver. Our failure to insist upon or enforce any provision of these Terms (or to exercise any\nother right or remedy under these Terms) shall not be construed as a waiver of any provision or\nright under these Terms nor shall it prevent or restrict the further exercise of that or any other\nright or remedy.\nSecurity. You are responsible for configuring your information technology, computer\nprogrammes and platform to access our Platform. You should use your own virus protection\nsoftware. \nSeverability. If any court of law, having jurisdiction to decide on this matter, rules that any\nprovision of these Terms is invalid, illegal or unenforceable then that provision shall be removed\nfrom the Terms without affecting the rest of the Terms, and the remaining provisions of the\nTerms will continue to be valid and enforceable.\nQuestions? Contact us at: https://www.tiktok.com/legal/report/feedback. \nConsequences of termination. In the event of the termination of the legally binding agreement\nbetween you and us, the following provisions of the Terms shall survive termination: \nOur right to use and disclose Feedback as described in Section 9\nOther users’ rights to further re-share User Content and any other information you shared\nthrough the Services to the extent you did so prior to termination\nAny amounts owed by you to TikTok\nSections 10, 11, 12 and 13. \nSupplemental Terms – App Stores\nTo the extent permitted by applicable law, the following supplemental terms shall apply: \nNotice regarding Apple. By accessing the Platform through a device made by Apple, Inc. (“Apple”), you\nspecifically acknowledge and agree that:\nThese Terms are between TikTok and you; Apple is not a party to these Terms.\nThe license granted to you hereunder is limited to a personal, limited, non-exclusive, non-\ntransferable right to install the Platform on the Apple device(s) authorised by Apple that you own\nor control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App\nStore Terms of Services.\nApple is not responsible for the Platform or the content thereof and has no obligation\nwhatsoever to furnish any maintenance or support services with respect to the Platform.\nIn the event of any failure of the Platform to conform to any applicable warranty, you may notify\nApple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum\n\nextent permitted by applicable law, Apple will have no other warranty obligation whatsoever with\nrespect to the Platform.\nApple is not responsible for addressing any claims by you or a third party relating to the Platform\nor your possession or use of the Platform, including without limitation (a) product liability claims;\n(b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement;\nand (c) claims arising under consumer protection or similar legislation.\nIn the event of any third party claim that the Platform or your possession and use of the Platform\ninfringes such third party’s intellectual property rights, Apple is not responsible for the\ninvestigation, defence, settlement or discharge of such intellectual property infringement claim.\nYou represent and warrant that (a) you are not located in a country that is subject to a U.S.\nGovernment embargo, or that has been designated by the U.S. Government as a “terrorist\nsupporting” country; and (b) you are not listed on any U.S. Government list of prohibited or\nrestricted parties.\nApple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance\nof the terms and conditions of these Terms, Apple will have the right (and will be deemed to\nhave accepted the right) to enforce these Terms against you as a third party beneficiary hereof.\nTikTok expressly authorises use of the Platform by multiple users through the Family Sharing or\nany similar functionality provided by Apple.\nWindows Phone Store. By downloading the Platform from the Windows Phone Store (or its successors)\noperated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:\nYou may install and use one copy of the Platform on up to five (5) Windows Phone enabled\ndevices that are affiliated with the Microsoft account you use to access the Windows Phone\nStore. Beyond that, we reserve the right to apply additional conditions or charge additional fees.\nYou acknowledge that Microsoft Corporation, your phone manufacturer and network operator\nhave no obligation whatsoever to furnish any maintenance and support services with respect to\nthe Platform.\nAmazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by\nAmazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:\nto the extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms\nwhich Amazon designates as default end user license terms for the Amazon Appstore (“Amazon\nAppstore EULA Terms”), and (b) the other terms and conditions in these Terms, the Amazon\nAppstore EULA Terms shall apply with respect to your use of the Platform that you download\nfrom the Amazon Appstore, and\nAmazon does not have any responsibility or liability related to compliance or non-compliance by\nTikTok or you (or any other user) under these Terms or the Amazon Appstore EULA Terms.\n\nGoogle Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one\nof its affiliates (“Google”), you specifically acknowledge and agree that: \nto the extent of any conflict between (a) the Google Play Terms of Services and the Google Play\nBusiness and Program Policies or such other terms which Google designates as default end\nuser license terms for Google Play (all of which together are referred to as the “Google Play\nTerms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall\napply with respect to your use of the Platform that you download from Google Play, and\nyou hereby acknowledge that Google does not have any responsibility or liability related to\ncompliance or non-compliance by TikTok or you (or any other user) under these Terms or the\nGoogle Play Terms.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}