CapCut Creator Terms of Service

Last Updated: [ July 25, 2023 ]

1. Your Relationship With Us

Welcome to CapCut (the "Platform") as a creator!

These CapCut Creator Terms of Service (these "Creator 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 Creator Terms, "you" and "your" means you as a creator of the Platform ("Creator").

The Platform includes the CapCut mobile software applications ("CapCut APP"), software applications deployed on the desktop ("CapCut Desktop version"), the official CapCut official website ("CapCut Web"), 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 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.

You 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 offical 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.

These Creator Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

2. Accepting these Creator Terms

By accessing or using our Services, you confirm that you can form a binding contract with Company, that you accept these Creator Terms and that you agree to comply with them.

Your access to and use of our Services are also subject to our Privacy Policy (When you access our Services as a resident of the United States, your access to and use of our Services are also subject to this Privacy Policy. When you access our Services as a resident of all other countries, your access to and use of our Services are subject to this Privacy Policy) and Community Guidelines (where applicable), the terms of which can be found directly on the Platform, or where the Platform is made available for download and/or on your mobile device’s applicable store, 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 feature of the Platform, certain Service and/or your access or use of the certain content for commercial purposes (if permitted).

The Services are only intended for individuals 13 years old and older. In addition, if you 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 Creator Terms with you.

If 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 Creator Terms, and that you agree to these Creator 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.

You can accept these Creator Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of these Creator Terms from that point onwards.

You should print off or save a local copy of these Creator Terms for your records.

3. Changes to these Creator Terms

We may amend or update these Creator Terms from time to time, to reflect changes to applicable laws, standards, industry codes or other instruments of a similar nature, or to reflect changes, updates or new features to the Platform and/or Services. We will use commercially reasonable efforts to notify you of any material changes to these Creator Terms, such as through a notice on the Platform or a push notification. However, you should look at these Creator Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Creator Terms, which reflects the effective date of such amended Creator Terms. Your continued access to or use of the Platform and/or Services after the date of the updated Terms constitutes your acceptance of the updated Creator Terms. If you do not agree to the updated Creator Terms, you must stop accessing or using the Platform and Services.

As used in these Creator 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.

4. Creator Account

You acknowledge and agree that, in order to become a Creator of the Platform, you need to first register as a user of the Platform (each, a "User") and create an account with us in accordance with the Terms of Service.

You acknowledge and agree that:

(a) you are solely responsible for maintaining the security and confidentiality of your account login details;

(b) you are solely responsible (to us and to others) for all activities on the Platform that occur under or through the use of 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

(c) Company and its affiliates may, but shall have no obligations to, monitor activities on the Platform that occur under or through the use of your account, but shall not be responsible for any losses incurred by you as a result of or arising from any unauthorised access to your account.

We reserve the right to temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services with or without notice at any time for any or no reason including without limitation:

• if we have reasonable grounds to believe you have violated, or suspect that you have violated, these Creator Terms, including any agreements, policies or guidelines incorporated herein by reference, or any applicable laws;
• 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);
• in response to requests by law enforcement or other government agencies under valid legal process;
• due to unexpected technical or security issues or problems; or
• if your account remains inactive for a certain period of time.

If we permanently suspend or terminate your account, we will notify you in advance in order to allow you time to access and save your information and content unless we have reason to believe that continued access to your account will cause damage to us, other Users or our Services, or where doing so will violate requests by law enforcement or other government agencies, applicable laws or regulations or third party rights.

Subject to any statutory rights you might have under applicable laws, if your account is temporarily or permanently suspended or terminated, your access to your account and any related information or content associated with your account may be suspended or terminated. As we do not guarantee the permanent availability of your content, you should regularly make backups of any content you value.

If you no longer want to use or access the Platform and our Services, you can request the deletion of your account by contacting us via capcut.support@bytedance.com, and we will provide you with further assistance and guide you through the process of the deletion of your account. Please be aware that once you choose to delete your account, you will not be able to reactivate your account or retrieve any of your account information or data and any of the content or information you have uploaded, created, edited, shared, received from other Users or are otherwise associated with your account. Termination of your account will terminate your access and use of the Platform and the Services.

For the avoidance of doubt, if you terminate or delete your account as a Creator or we suspend or terminate of your account due to your use of the Platform or Services as a Creator, your access to and use of your account as a User will be suspended or terminated (as applicable). Similarly, if you terminate or delete your account as a User or we suspend or terminate of your account due to your use of the Platform or Services as a User, your access to and use of your account as a Creator will be suspended or terminated (as applicable).

5. Creator Code of Conduct

Your access to and use of the Services is subject to these Creator Terms, all applicable laws and additional rules, guidelines and requirements applicable to the relevant Services which are incorporated herein by reference. You agree to use the Services only for purposes expressly permitted under these Creator Terms.

You may not:

• access or use the Services if you are not fully able and legally competent to agree to these Creator 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;
• 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 Creator Terms) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
• 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;
• 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 authorised by us;
• market, rent or lease the Services for a fee or charge or for free, or use the Services to advertise or perform any commercial solicitation;
• use the Services for any commercial or unauthorized purposes;
• 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;
• incorporate the Services into any other program or product, or incorporate any content of the Services into any other program or product except as expressly permitted under these Creator Terms;
• impersonate any person or entity or otherwise misrepresent your affiliation;
• use automated scripts or other technologies to collect information from or otherwise interact with the Services;
• use the Services to upload, transmit, distribute, store or otherwise make available in any way 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, unauthorised disclosure or destruction or corruption of data ("Harmful Code");
• use the Services in a manner that violates or infringes on any third party’s rights of publicity, privacy, copyright, trademark, other intellectual property rights or other rights;
• use the Services to troll, bully, harass, intimidate, cause distress to, threaten, hurt, embarrass, upset, defame, provoke or antagonise any other person;
• 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 antagonise 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; (v) is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; or (vi) contains any advertising, solicitation or promotional materials or any content that could be perceived as advertising; or
• 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.

We reserve the right, at any time and without prior notice, to remove or disable access to Creator Content (as defined below) at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to Creator Content may include such content which is objectionable, violates these Creator Terms or our Community Policy, or is otherwise harmful to the Services or Users of the Platform.

If you violate these Creator Terms or applicable laws, we may suspend or terminate your access to the Services at any time with or without notice. You acknowledge that your violation of these Creator 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 and take other remedies available to us.

6. Intellectual Property Rights

The Services are protected under the laws of copyright, patent, trademarks and other applicable intellectual property rights. All intellectual property rights in and to the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws. Unless expressly permitted in these Creator Terms, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

We respect intellectual property rights and require you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights, or access or use the Services or any content therein for any commercial or unauthorized purposes. We reserve the right, with or without notice, at any time and in our sole discretion to block access to the Services or suspend or terminate the account of any User who infringes or is alleged to infringe any intellectual property rights or proprietary rights.

7. Content

Company's Content

• As between you and Company, all content, software, images, text, graphics, illustrations, logos, stickers, filters, animations, effects, templates, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on, and "look and feel" of, the Services, and all intellectual property rights related thereto ("Company’s Content"), are either owned or licensed by Company. Use of the Company’s Content or materials on the Services for any purpose not expressly permitted by these Creator Terms is strictly prohibited. The Company's Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
• Subject to these Creator Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including to download the Platform on a permitted device, and to access the Company’s Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Creator Terms. The Company reserves all rights not expressly granted herein in the Services and the Company’s Content. You acknowledge and agree that Company may terminate this license at any time for any reason or no reason.
• SAVE AS EXPRESSLY PROVIDED UNDER THESE CREATOR TERMS, NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICES.
• You 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 on the basis of the content on the Services.
• We make no representations, warranties or guarantees, or conditions, whether express or implied, that any of the Company's Content is accurate, complete or up to date.

Third Party Services

Where 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. 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.

Creator Content

• As a Creator of the Platform, you are permitted to upload, post, publish, submit, transmit, distribute or otherwise make available video templates, video creation tutoring content/video tutorials and other content permitted to be uploaded by a Creator of the Platform on and through the Services, including music and any text, photographs, filters, stickers, videos, voices, sounds, sound recordings and the musical works embodied therein (including videos that incorporate locally stored sound recordings from your personal music library and ambient noise) (collectively, "Creator Content").
• Except as expressly provided otherwise under these Creator Terms, you and/or your licensor still own the copyright and any other intellectual property rights in and to your Creator Content (for the avoidance of doubt, excluding the Company’s Content included therein to which you only have a limited license), but by making available Creator Content on or through the Services, you hereby grant:
• to us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide licence to use, modify, adapt, edit, reproduce, make derivative works of, publish, transmit, distribute and/or store and to authorise Users and other third parties to view, access, use, download, modify, adapt, edit, reproduce, make derivative works of, publish and/or transmit your Creator Content; and
• to Users an unconditional, irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to use, modify, adapt, edit, reproduce, make derivative works of, combine your Creator Content with other content, publish, transmit, distribute and/or download some or all of your Creator Content,

in any manner (regardless on a for free or for a fee basis) and on any platform, either now known or hereinafter invented, for the purpose of (i) viewing or accessing your Creator Content, (ii) creating videos, (iii) exploit the created videos in any manner and on any platform, (iv) promoting, advertising, marketing and publicizing the Platform, the Services and/or you, and/or (v) facilitating business opportunities for you ("Purposes").

• You acknowledge and agree that the rights granted above include the right for Users to extract all or any portion of your Creator Content so as to produce additional content and/or to overlay music, effects, stickers, filters, animations, and other elements provided by Company onto Creator Content and download, distribute or otherwise exploit such created content in any manner and on any platform desired by the Users.
• For the avoidance of doubt, the rights granted above 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 and other relevant parties the right to use your Creator 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 Creator Content.
• 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 Creator Terms in your Creator Content. 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 under these Creator Terms in your Creator Content or have such music publisher enter into these Creator 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 under these Creator 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.
• We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. Upon our request, you shall provide us with chain of title and other documentation evidencing your ownership or license of your Creator Content. We have the right to remove, disallow, block or delete any Creator Content you make available on our Platform or through our Services if, in our opinion, your Creator Content does not comply with the content standards set out at Section 5. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any Creator Content (i) that we consider to violate these Creator Terms, 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, we recommend that you save copies of any Creator Content that you post 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 Creator Content.
• By posting or otherwise making available Creator Content on or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Creator Content. You also waive (to the extent permitted by applicable law) any and all rights of privacy, publicity, voice or any other rights of a similar nature in connection with your Creator 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 of any of the Creator Content you post or otherwise make available through the Services, or to support, maintain or permit any action based on any such moral rights.
• You further grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide license to use your username, profile image and likeness to identify you as the source of any of your Creator Content and for the Purposes, except as otherwise set forth in Section 14.
• All of the rights you grant in and to your Creator Content under these Creator 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 Creator Content through such third party services.
• All Creator Content will be considered non-confidential. You must not post any Creator Content on or through the Services or transmit to us any Creator Content that you consider to be confidential or proprietary to any other person. When you post or transmit Creator Content through the Services, you agree, represent and warrant that you own such Creator 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 Creator Content to the Services, and/or to otherwise make any use of such Creator Content on or through the Services.
• You acknowledge and agree that in certain circumstances, we also have the right to disclose your identity to any third party who is claiming that any Creator Content posted or made available by you to or through our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
• The information and materials in the Creator Content are not verified or approved by us. The views expressed by you or your Creator Content do not represent our views or values. We do not guarantee the accuracy, integrity, appropriateness or quality of any Creator Content, and under no circumstances will we be liable in any way for any Creator Content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any of your Creator Content.

Feedback.

While 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 agree that:

• 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;
• 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
• 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.

8. Representations and Warranties

You represent and warrant that:

• the acceptance and performance by you of these Creator Terms will not conflict with or result in any breach of the terms and provisions of any other contracts or agreements to which you are a party or by which you are bound;
• you have all requisite rights to grant all rights granted under these Creator Terms without any liens, claims, restrictions, limitations, encumbrances and interests of any person (e.g., 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 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 submit it to the Services);
• you shall not engage in any conduct that involves the making or publishing of written or oral statements or remarks (including, without limitation, the repetition or distribution of derogatory rumours, allegations, negative reports or comments) which are disparaging, deleterious or damaging to the integrity, reputation or good will of Company, its affiliates or their respective management, director or officers, or products or services;
• each Creator Content is original;
• each Creator Content shall comply with applicable laws;
• each Creator Content and the exploitation of the rights granted under these Creator Terms by Company, Users and other third parties do not and will not infringe on or constitute a misappropriation of the copyright, trademark or other intellectual property rights or other rights (e.g., privacy) of any third party;
• each Creator Content is (x) owned by or licensed to you, (y) freely licensable by you to Company without the payment of any royalties, expenses or other amounts to any other person and (z) free and clear of any rights or claims of any other person;
• you have not received any written notice of a claim, and there has not been any threatened claim, made by any third party of infringement or misappropriation, or contesting the validity, enforceability, use or ownership of the assets, properties or rights subject to the Creator Content and there is no basis therefore;
• you shall not dispose of your rights in and to the Creator Content in any manner which may adversely affect Company’s exploitation of its rights granted under these Creator Terms; and
• information provided by you to Company under or in connection with these Creator Terms is authentic, accurate, complete and up-to-date.

9. INDEMNITY

YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBLICENSEES, AGENTS AND ADVISORS AS WELL AS THE USERS 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 CREATOR TERMS OR APPLICABLE LAWS OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATION OR WARRANTIES UNDER THESE CREATOR TERMS.

10. EXCLUSION OF WARRANTIES

THE 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:

• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR WILL NOT CONTAIN HARMFUL CODE;
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, UP TO DATE, OR RELIABLE; OR
• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO 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 UNDER THESE CREATOR 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.

WE ARE NOT OBLIGATED TO PROVIDE ANY TRANSITION SERVICES OR TECHNICAL OR OTHER SUPPORT TO YOU AFTER SUSPENSION OR TERMINATION OF THE SERVICES, NOR ARE WE SUBJECT TO ANY DISASTER RECOVERY OBLIGATION OR COMMITMENT.

11. LIMITATION OF LIABILITY

NOTHING IN THESE CREATOR 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.

SUBJECT TO PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

• ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
• ANY LOSS OF GOODWILL;
• ANY LOSS OF OPPORTUNITY;
• ANY LOSS, CORRUPTION, DISCLOSURE, ACCESS, ALTERATION, MISUSE, MANIPULATION OR OTHER UTILIZATION OF DATA SUFFERED BY YOU;
• ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER WHICH MAY BE INCURRED BY YOU; OR
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
• 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); OR
• 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.

THESE 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.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE PLATFORM OR SERVICES BY ANY CREATORS, USERS OR THIRD PARTIES.

TO 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 USERS OR OTHER CREATORS, 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 FIFTY US DOLLARS (USD $50).

THE PARTIES ACKNOWLEDGE AND AGREE THAT THE EXCLUSION OF WARRANTIES IN SECTION 10 AND LIMITATION OF LIABILITY IN THIS SECTION 11 AND IN THE OTHER PROVISIONS OF THESE CREATOR TERMS AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH COMPANY WOULD NOT HAVE PROVIDED ACCESS TO THE PLATFORM AND SERVICES TO THE CREATOR.

12. Termination and Suspension

We 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, failure of network or telecommunication service providers).

We may also end the Services and your access or use of the Services permanently. You agree that we will not assume any obligations or liabilities to you with respect to the interruption, modification or termination of the Services or any part hereof, to the maximum extent permitted by applicable law.

No termination under these Creator Terms shall relieve or discharge, or be deemed or construed as relieving or discharging, you or us from any duty, obligation or liability hereunder which was accrued as of the date of such termination.

The rights granted by you to Company, Users and third parties in Section 7 (Content), Section 9 (Indemnity), Section 10 (Exclusion of Warranties), Section 11 (Limitation of Liability), Section 13 (Confidentiality) and Section 15 (Miscellaneous) shall survive the termination of these Creator Terms.

13. Confidentiality

During the course of your use of the Platform and/or Services, you may receive or obtain access to information relating to the Platform, the Services, the Company and its affiliates and their products and services that is not in the public domain (such information collectively referred to as "Confidential Information"). You agree to hold such Confidential Information in confidence, and shall (a) not disclose such Confidential Information to any third party, in whole or in part, without the prior written authorization of Company, except your legal counsel who have a need to know, or who are under a duty of non-disclosure or otherwise required by applicable law; (b) use or permit the use of such Confidential Information solely to perform your obligations hereunder; and (c) promptly notify Company in writing of any loss or unauthorized disclosure of the Confidential Information of which you become aware.

14. Separate Agreements

Company may, at its sole discretion, offer certain incentives ("Incentives") to certain Creators of the Services, subject to separate terms and conditions. If you are eligible to participate in such Incentive programs (if any), Company will inform you of the relevant details. Company has the right to, at its sole discretion, determine or modify the applicable rules for Incentives programs from time to time and make available such rules in any manner including but not limited to written agreements, announcements, pop-up notices and email notification. If you are entitled to any Incentives due and payable by Company in connection with your participation of the Incentive program(s), Company will settle and pay such Incentives to you according to such separate terms and conditions. If you breach these Creator Terms, the Terms of Service, other terms and conditions applicable to you, rules of the relevant Incentive programs, or you violate applicable laws: (a) you will no longer be eligible to participate in such Incentive programs and Company has the right immediately terminate any and all agreements with you in connection with such Incentive programs without liability; (b) you shall refund to Company all Incentives paid to you; (c) Company shall be released from any liability to pay any outstanding Incentives to you; (d) Company shall have the right to set off any amount payable by you to us against the Incentives payable to you. The foregoing shall not limit other remedies available to Company with respect to your foregoing breach or violation. You agree that, if you participate in any such Incentive program(s) and/or receive any Incentives in connection with any of your Creator Content, (a) you shall not delete your Creator account or remove or delete such Creator Content from your Creator account without due cause; (b) if you request to delete your Creator account, Company reserves the right to retain your account and the Creator Content posted, without any additional fees or compensations to you, via such account by anonymizing your Creator account information such as your username and avatar; and (c) if you delete or remove such of your Creator Content from your Creator account, you will be deemed to have materially breached these Creator Terms.

You acknowledge and agree that Company has the right (but no obligation) to facilitate potential cooperation between you and us, our affiliates and/or third parties (e.g., third party advertisers). Such cooperation will be subject to additional and separate terms and conditions (including without limitation terms and conditions in connection with the calculation and payment of any fees (if any) payable to you in connection with such cooperation).

You acknowledge and agree that there is no minimum guarantee of fees, payment, Incentives or other profits or income to you under these Creator Terms.

15. Miscellaneous

a. Tax. Unless provided otherwise in the Separate Agreements, all payments due to You under this Agreement shall be inclusive of all applicale taxes, duties, levies, tariffs and other governmental charges (including, without limitation, Value Added Tax, or equivalent) (collectively, "Taxes"). You shall be responsible for paying all Taxes (including any related interest, fines and/or penalties) resulting from any payments made hereunder. We shall have the right to deduct or withhold Taxes from any payments due to You if required by law, and shall pay You the remaining net amount. Taxes deducted or withheld by Us shall be borne by You.

b. Applicable Law and Jurisdiction. These Creator Terms, subject matter and formation thereof, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Creator Terms, including any question regarding existence, validity or termination of these Creator 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.

c. Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms.

d. Entire Agreement. These Creator Terms constitute the whole legal agreement between you and the Company and govern your use of the Services as a Creator, superseding any prior communications and proposals (whether oral, written or electronic) between you and us.

e. No Waiver. Our failure to enforce any provisions of these Creator Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of these Creator Terms or respond to any violations. Nothing contained in these Creator 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.

f. 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.

g. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Creator Terms is invalid, then that provision will be removed from these Creator Terms without affecting the rest of these Creator Terms, and the remaining provisions of these Creator Terms will continue to be valid and enforceable.

h. 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 your own risk.

i. Rights of Third Parties. Any person who is not a party to these Creator Terms shall have no right whatsoever under the Contracts (Rights of Third Parties) Act 2001 to enforce these Creator Terms or any of its terms.

j. Relationship of Parties. No employment, partnership, franchise or joint venture is intended or created by these Creator Terms between you and us.

k. Assignment. These Creator Terms, and any rights and permissions granted in them, may not be transferred or assigned by you, but may be assigned by us without restriction.

l. You agree to waive right to rescind rights granted and injunctive relief. To the maximum extent permitted under applicable laws, in no event shall you be entitled to rescind any of the rights you granted under these Creator Terms, and you hereby waive the right to seek any injunctive or equitable relief.

m. Further Assurance. You shall do and execute, or arrange for the doing and executing of, each necessary act, document and thing reasonably within its power to implement and give effect to this Agreement.

n. Prevailing Language. These Creator Terms may be provided in language versions other than English language version. Unless otherwise mandated under jurisdiction-specific applicable laws, if there is any inconsistency among different language versions, the English version shall prevail.

o. Any Questions? Get in touch at capcut.support@bytedance.com.