Terms of Service
Last updated: June 12, 2025
General Terms – All Users
1. Your Relationship With Us
Welcome to CapCut (the "Platform"). These Terms of Service (these "Terms"), as may be amended from time to time, govern the relationship and serve as an agreement between you and Bytedance Pte. Ltd. (the "Company", "we", or "us") and set forth the terms and conditions by which you may access and use the Platform and our related services, applications, websites, products and/or content (collectively, the “Services”). For purposes of these Terms, "you" and "your" mean you as the user of the Services.
The Platform includes the CapCut mobile software applications ("CapCut APP"), software applications deployed on the desktop ("CapCut Desktop version"), the CapCut official website ("CapCut Web version"), the CapCut Commerce Pro and Pippit web platforms and mobile applications ("Pippit"), CapCut services in other forms now existing or hereafter devised, related Software Development Kit ("SDK"), and Application Programming Interface ("API") for you through third party websites and other software applications to access and use the Platform and the Services. The version of the Platform may differ for factors such as the jurisdiction from which you access the Platform and the device you use. The Services, in full or in part, may not be available in all jurisdictions, for all devices or in all languages. You should obtain, download, and install the appropriate version according to the actual device conditions of your jurisdiction.
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 official websites. Unofficial versions of CapCut obtained via any other platforms or websites are not authorized by us, and we are not responsible for their contents. If you suffer any losses as a result, we shall not be liable for your losses, which you alone will bear.
These Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
The Services are only intended for individuals 13 years old and older, with additional limits that may be set forth in the "Supplemental Terms - Jurisdiction Specific". In addition, if you are above this age threshold but are under 18 years old or the applicable age of majority in the jurisdiction you reside in, you may only access or use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
2. Accepting these Terms
By accessing or using our Services, you confirm that you can form a binding contract with the Company, that you accept these Terms (including any supplemental terms appended hereto) and that you agree to comply with them. Your access to and use of our Services are also subject to our Privacy Policy (When you access our Services as a resident of the United States, your access to and use of our Services are subject to this Privacy Policy. When you access our Services as a resident of all other countries, your access to and user 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, on your mobile device’s applicable store, or where else the Platform is made available for download, and such terms are incorporated herein by reference. You may also be subject to additional terms and policies for your access or use of certain new features of the Platform, certain Services and/or certain content. Such additional terms and policies shall form part of these Terms.
If you are accessing or using the Services on behalf of a business or entity, then (a) "you" and "your" includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms, and that you agree to these Terms on behalf of the business or entity, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others, regardless of whether or not they are affiliated with your business or entity, including any employees, agents or contractors.
You should print off or save a local copy of these Terms for your records.
3. Supplemental Terms
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the "Supplemental Terms - Jurisdiction Specific" section below. In the event of a conflict between the provisions of the "Supplemental Terms - Jurisdiction Specific" that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdiction’s "Supplemental Terms - Jurisdiction Specific" will supersede and control with respect to your use of the Services from that jurisdiction.
4. Changes to these Terms
We may amend or update these Terms from time to time, to reflect changes, updates or new features to the Platform and/or Services, or when there are regulatory changes. We will use commercially reasonable efforts to notify you of any material changes to these Terms, such as through a notice on the Platform or by other means. You should check such notices and review these Terms regularly to stay informed of our latest practices.
Each time when we update these Terms, we will also update the “Last Updated” date at the top of these Terms. The “Last Updated” date reflects the effective date of the updated Terms. Your continued access to or use of the Platform and/or Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop accessing or using the Platform and Services.
5. Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide us with true, accurate, complete and current information. It is important that you maintain and promptly update your account details and any other information you provide to us, to keep such information true, accurate, complete and current.
It is important that you keep your account login details confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: [email protected].
You acknowledge and agree that:
We reserve the right to temporarily or permanently suspend or terminate your account or take other remedies available to us with or without notice at any time, for no reason or any reason, including without limitation:
In the case where we decide to permanently suspend or terminate your account or take other remedies, we will notify you in advance in order to allow you time to access and save your information and content, unless it is inappropriate for us to do so, we reasonably believe that continued access to your account will cause damage to us, our users, affiliates or other third parties, or we are legally prevented from doing so.
Subject to any statutory rights you might have under applicable laws, if your account is temporarily or permanently suspended or terminated, access to your account, and any related information or content associated with your account may be temporarily or permanently suspended or terminated accordingly. As we do not guarantee the permanent availability of your content, you should regularly make backups of any content you value.
If you no longer want to use or access the Platform and our Services, you can choose to delete your account through the "Manage account" page on the Platform. Alternatively, you can also request the deletion of your account by contacting us via [email protected], after which we will provide you with further assistance and guide you through the account deletion process. Please be aware that once you choose to delete your account, you will not be able to reactivate your account, retrieve any of your account data, or any of the content or information you have uploaded, created, edited, shared, received from other users or are otherwise associated with your account.
Termination of your account will terminate your access or use of the Platform and the Services.
As used in these Terms, "applicable laws" shall refer to all applicable laws, regulations, rules, statutes, codes, ordinances, orders, writs, decrees or other requirements enacted by a government authority, as amended from time to time.
6. Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and applicable laws. You agree to use the Services only for purposes expressly permitted under these Terms and applicable laws.
You may not:
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content which is objectionable, in violation of these Terms or our Community Guidelines, or is otherwise harmful to the Services or our users. You acknowledge that your violation of these Terms or applicable laws may result in civil, criminal or other liabilities. We reserve the right to report your violation(s) to law enforcement authorities, temporarily or permanently suspend or terminate your access or take other remedies available to us.
7. Service Plans, Renewal, Cancellation and Refund
Service Plans
Depending on the services we provide in your region, it is possible that some of the Services are provided to you free-of-charge ("Free Services") while other Services require payment before you can use them, including but not limited to CapCut Standard (where applicable), CapCut Pro and other related Services ("Premium Services", collectively with Free Services, "Service Plans"). Whether you use Free Services or purchase or subscribe to Premium Services, you must always use those Service Plans in accordance with these Terms and applicable laws.
For more details of the Premium Services which we will provide you with, please refer to the detailed service descriptions on the purchase page of the relevant Premium Services on the Platform. Unless it is otherwise mandated by applicable laws of your jurisdiction, we reserve the right to change our Service Plans including, by adjusting the features or services available or by adjusting pricing for the Premium Services in any manner and at any time as we may determine in our sole and absolute discretion, which will not, without cause, affect the Services and rights you have purchased and acquired under these Terms before such changes take effect.
We may develop different versions of this Platform with different Services for different terminal devices in different regions. You should obtain, download and install the appropriate version for your device and jurisdiction.
If you purchase or subscribe to any of our Premium Services, you must first create an account on the Platform and login to the Platform. The Premium Services are only available to users of (i) the Apple iOS App version of the Platform who have a valid Apple ID account, (ii) the Google Android OS App version of the Platform who have a valid Google account or (iii) the CapCut Web version of the Platform who have a valid CapCut account.
You may purchase or subscribe to any of our Premium Services by paying via your Apple ID account, Google account and/or CapCut account (as applicable), by paying the applicable purchase or subscription fees and taxes in the applicable currency of your jurisdiction. Unless you are a resident within the UK, EU or EEA or it is otherwise mandated by applicable laws of your jurisdiction, all Premium Services fees displayed to you are exclusive of taxes, and you agree that you may be charged with any applicable taxes in addition to the Premium Services fees. Failure to pay these fees and taxes will result in the failure, suspension or termination of your access to the Premium Services.
You may purchase or subscribe to the Premium Services under a fixed billing period or an automatic renewal subscription fee in advance on a monthly basis (or another interval set on the purchase page of the relevant Premium Services on the Platform or otherwise notified to you prior to your subscription) or in accordance with other payment arrangement available.
If you purchase the Premium Services under an automatic renewal arrangement, you agree that (a) Apple, Google and/or CapCut (as applicable) may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Premium Services, and (b) Apple, Google and/or CapCut (as applicable) may calculate taxes payable by you based on the billing information that you provide at the time of purchase.
Unless it is otherwise mandated by applicable laws of your jurisdiction, we reserve the right to change our Services Plans or adjust pricing for the Premium Services in any manner and at any time as we may determine in our sole and absolute discretion and will communicate any such changes to you in advance. Such changes will not, without cause, affect the Services and rights you have already purchased and acquired under these Terms prior to such changes taking effect. Such changes, especially price changes, will not take effect immediately at the time of renewal of your subscription, unless you explicitly agree otherwise. You always have the right to terminate your subscription to the Premium Services at any time and voluntarily choose a different Service Plan. As such, you should make sure you read our notices of Service Plan changes carefully.
You can find information about the pricing of the Premium Services either on the purchase page of our Premium Services or the Platform’s description page in Apple App Store and/or Google Play (as applicable). All subscriptions on the CapCut APP version are payable through your Apple ID and/or Google account and such payments will be processed in accordance with the terms and conditions of the Apple App Store and/or Google Play. Subscriptions on CapCut Web version are payable through your CapCut account and such payments will be processed in accordance with these Terms, the terms and conditions of third party payment service providers and/or additional payment terms.
Renewal and Cancellation of Premium Services
Depending on the Premium Services we provide in your region, you may choose the type of Premium Services you would like to purchase or subscribe to.
If you subscribe to the Premium Services for a fixed term arrangement, your subscription will automatically end upon the subscription term expiring.
If you subscribe to the Premium Services under an automatic renewable arrangement, your subscription will automatically renew for an additional period equal in duration to your preceding subscription term, unless indicated otherwise on the Platform. Your payment will automatically be charged at the start of each new subscription term for the fees applicable to that term, unless you cancel or change your subscription to the Premium Services before the end of the then-current subscription period applicable to you. If you do not want to continue to be charged on a recurring basis, you must cancel your subscription to the Premium Services through your Apple ID account, Google account and/or CapCut account (as applicable) before the end of the then-current subscription period. You can learn more about how to cancel your subscription of our Services in the FAQ. If so cancelled, you will still have access to the Premium Services until the end of the then-current subscription period and be charged the full subscription fee for such subscription period unless otherwise set forth in the "Supplemental Terms - Jurisdiction Specific" section below or required by applicable law, e.g., if you cancel the subscription for cause. After the cancellation takes effect on the last day of the then-current subscription period, you will be downgraded to the Free Services automatically.
Refund policy
Unless otherwise set forth in the "Supplemental Terms - Jurisdiction Specific" section below, if you subscribe the Premium Services (either on fixed-term basis or on automatic renewal basis), you may, with or without reason, cancel your subscription of the Premium Services with a full refund within 14 calendar days following the start of your subscription to the Premium Services, provided that you do not have any usage of the Premium Services in any form whatsoever since you subscribed to the Premium Services. If you believe you are entitled to receive a refund, please contact us via [email protected] for further information on refund procedure. Any refund of subscription fees will be made with the same payment method you used for payment of the subscription fees. You agree to comply with this refund policy and any of our further communications with you on refund, if any.
Notwithstanding the foregoing, if you subscribe to Premium Services through Apple Pay or Google Pay, your cancellation and refund is further subject to the terms and conditions of Apple App Store or Google Play. You will continue to have access to the Premium Services until your subscription payment is refunded by Apple or Google.
The above does not exclude or limit your right to refund, in full or in part, if the applicable laws require us to make such a refund to you.
8. Cloud Space Services
You acknowledge and agree that we have no obligation to provide or continue to provide any user with Cloud Space Services for free and we reserve the rights to upgrade / degrade / suspend our Cloud Space Services from time to time.
You may access cloud storage space by subscribing to the relevant Premium Services, if such Premium Services are made available to you. Depending on the relevant Service Plans applicable to you, the storage capacity of the cloud space allocated to you may differ. The allocated storage capacity applicable to the Premium Services you purchase will be displayed to you on the relevant Premium Services description page or when you make the purchase. You shall not use storage capacity exceeding the allocated storage capacity. You may also have access to our Cloud Storage Services through other ways in certain regions.
Apart from the above-mentioned allocated cloud storage space, where applicable, users may also access more cloud storage space by purchasing additional packages of Cloud Space Services. The details of such packages of Cloud Space Services will be displayed to you on the relevant Cloud Space Services description page or when you make the purchase.
Following the termination or expiration of your then current subscription term of your Premium Services or Cloud Space Services packages, your cloud space storage capacity will be suspended automatically.
We will use commercially reasonable efforts to notify you in advance if the cloud space storage capacity applicable to you will be suspended or cleared up. Within the time limit that we notify you of in advance, you should transfer and back up your content (including but not limited to your video drafts, photos, stickers and other materials) stored in the cloud space provided by the Platform before the expiration of such Service Plan, and ensure that the content you store does not exceed the storage capacity that you are entitled to use, so as to avoid the loss of your content and data due to the absence of sufficient cloud space storage capacity.
In addition to these Terms, you shall comply with the applicable laws and other restrictions related to the Cloud Space Services (e.g., file type restriction, format restriction, document size limit). If your use violates these Terms, applicable laws or other restrictions, we have the right to take corresponding measures, such as suspending or terminating your access to the Cloud Space Services, deleting your content which exceeds your entitled storage capacity or that fails to comply with these Terms, applicable laws or other restrictions related to such Cloud Space Services feature.
You should always back up your content. We are not liable for any loss of your content or data stored by using the Cloud Space Services feature to the extent permitted by applicable laws.
9. Intellectual Property Rights
The Services, including the Platform and Company Content (as defined in Section 10), are protected under the laws of copyright, patent, trademarks and other applicable intellectual property rights. All intellectual property rights of the Services provided by us are owned by us or our third party licensors to the full extent permitted under applicable laws, subject to these Terms. Unless expressly permitted in these Terms, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
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 acknowledge and agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block your access to the Services or to temporarily or permanently suspend or terminate your account if there is infringement or alleged infringement of any intellectual property rights or proprietary rights.
By using the Services, you acknowledge and agree that CapCut does not make any promises or warranties regarding the legality or appropriateness of any content inputted or generated by you based on your inputs. You shall be solely responsible for content uploaded to or made by using CapCut, and such content is not and will not be endorsed, sponsored or approved by CapCut.
10. Content
Company's Content
Company Content refers to the creative materials provided directly by CapCut for use in your projects, including but not limited to templates, video clips, images, stickers, text templates, fonts, sound effects, special effects, filters, canvases, and animations (“Company Content”). Company Content does not include third-party content and services or User Content.
The terms governing whether Company Content can be used for commercial or non-commercial purposes may vary depending on the CapCut product you are using and are specified in the CapCut Materials License Agreement. For the CapCut APP, CapCut Desktop Version, and the CapCut Web version, please refer to the CapCut Materials License Agreement to determine permissible uses of Company Content. For Pippit, you are expressly permitted to use Company Content for commercial purposes, subject to compliance with the CapCut Materials License Agreement.
You are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use Company Content for your projects, in compliance with these Terms and the CapCut Materials License Agreement. Any use of Company Content beyond what is expressly permitted is prohibited without prior written consent from CapCut or its licensors. The Company reserves all rights not expressly granted herein in the Services and the Company Content. You acknowledge and agree that the Company may terminate this license at any time for any reason or no reason.
SAVE AS EXPRESSLY PROVIDED UNDER THESE TERMS AND THE CAPCUT MATERIALS LICENSE AGREEMENT, NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICES.
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 based on the content of the Services.
Company Content is provided "as is". CapCut makes no guarantees about the accuracy, completeness, or suitability of the Company Content for any particular purpose. Your use of Company Content is at your own risk, and CapCut disclaims all liability for any loss or damage arising from your use of the Company Content.
For additional details, please refer to the CapCut Materials License Agreement for the full terms governing the use of Company Content.
Third Party Content
Certain content available on the Platform are provided by certain users and/or third parties rather than us (e.g., certain video templates provided by third parties). Certain identifiers (e.g., the uploader of such third party content) may be displayed on the Platform to distinguish such third party content from the Company’s Content. You have a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use such third party content in compliance with these Terms and the CapCut Materials License Agreement. Such third party content is not provided by us or endorsed by us. You acknowledge and agree that you are at your own risk when you use such third party content. We are not liable for any such third party content and your access or use of such third party content.
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. You acknowledge that we have no control over the content of those sites or resources. The presence of such links on our Platform, or presentation of such links to you as targeted advertisements during your use of the Service, should not be interpreted as any endorsement or approval by us of those linked websites, operators of those websites, or information you may obtain from them, or any representation that we have reviewed the content of such websites. Your use of such third party sites or resources may be subject to terms and conditions (including privacy policies) between the providers of such sites or resources and you. We have no control over such terms and conditions and shall under no circumstances be a party to any arrangement (including agreement) or understanding between you and such providers.
Third-Party AI Services
Certain features of the Services are integrated with third-party AI technologies and APIs (e.g., Runway, Stable Diffusion, Google, YouTube, FLUX, Luma) that are subject to these terms and any additional terms imposed by the providers of those technologies. Your use of these features are subject to and must comply with the relevant third-party terms and conditions, and if you do not agree to abide by such terms and conditions, then you must not use such third-party features. Such third-party AI technologies and APIs are not under our control, and we are not responsible for, and we make no representations or warranties concerning any such AI technologies or APIs, or any other third-party content, business, feature, product, or service which may be used in connection with the Services.
When accessing or using features integrated with third-party AI technologies and APIs, without limiting the applicable third-party terms and conditions (to the extent there is no conflict), you agree to the following responsibilities:
You agree to use commercially reasonable efforts to prevent unauthorized access to or use of the third party AI services and to promptly notify the third-party provider and the Company if you become aware of any unauthorized access or use.
Additional Third-Party Terms
Certain features may also be governed by open-source licenses or other agreements. Please refer to the applicable third-party provider’s terms (e.g., Runway Terms of Use, CreativeML OpenRAIL License, Google Terms of Service) for details.
User-Generated Content
Users of the Services may be permitted to upload, post, publish, transmit, or otherwise make available content through the Services, including without limitation music (including both sound recordings and musical works embodied in it), video templates and any text, photographs, videos, sound recordings and the musical works embodied therein (including videos that incorporate locally stored sound recordings from your personal music library and ambient noise) uploaded to, or otherwise made available through, the Services (“User Content”).
Users of the Services may also overlay Company Content, e.g., music, effects, stickers, filters, animations, and other elements provided by the Company, in relation to the Platform onto User Content. The information and materials in the User Content, including User Content that includes Company Content, are not reviewed, verified, endorsed or approved by us. The views expressed by any user or in or through User Content do not represent our views or values. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You may be able to access or use a feature of the Services that allows you to upload or transmit User Content to a third party platform or share User Content with other users. If you use such feature, you must comply with the content guideline of such third party platform as well the requirements set out in Section 6 (Your Access to and Use of Our Services) above. As noted above, such features may not be available to all users of the Services, and we have no liability to you for limiting your access to certain features of the Services. You warrant that you comply with those requirements, and you will be liable to us and indemnify us for any breach. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
All User Content will be considered non-confidential. You must not upload or make available any User Content on or through the Services or make available to us any User Content that you consider to be confidential or proprietary to any other person. When you upload or make available User Content through the Services, you agree, represent and warrant that you own such User Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit such User Content to the Services, and/or to otherwise make any use of such User Content on or through the Services.
You must own your User Content or have obtained all necessary rights, licenses, and clearances of any and all elements of your User Content. For example, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not upload or otherwise make available such sound recordings on or through the Services unless you have all permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the musical work to upload or otherwise make available it on or through the Services.
Except as expressly provided otherwise in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in User Content submitted to us, but by submitting User Content via the Services, you acknowledge and agree that you allow us to upload such content to our server and hereby grant us and our affiliates, agents, services providers, partners and other connected third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide license to use, modify, adapt, reproduce, make derivative works of, display, publish, transmit, distribute and/or store your User Content for providing the Services for you.
You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free fully transferable (including sub-licensable), worldwide license to use your username, image and likeness to identify you as the source of any of your User Content, including for use in sponsored content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to you or any third party, including, but not limited to, a sound recording copyright owner (e.g. a record label), a musical work copyright owner (e.g. a music publisher), a performing rights organization (e.g. ASCAP, BMI, SESAC, etc.) (a "PRO"), a sound recording PRO (e.g. SoundExchange), collective management organisations ("CMOs"), any unions or guilds, and engineers, producers or other royalty participants that may be involved (either knowingly or otherwise) in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO or CMO, then you must notify your PRO or CMO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s or CMO’s reporting obligations and any other terms of that PRO or CMO applicable to you. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g. wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party arising out of or in connection with such availability of your User Content through such third party services.
Waiver of Rights to User Content. By uploading or making available User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing, advertising or promotional materials related to such User Content. You also waive (to the extent permitted by applicable law) any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. You hereby waive (to the extent permitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect to any of the User Content you upload or otherwise make available through the Services, or to support, maintain or permit any action based on any such moral rights.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to upload your content in our or their sole discretion. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider violating these Terms (including without limitation the content standards set out at Section 6 above), or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, you shall save copies of any User Content that you upload or make available to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content.
We accept no liability in respect of any content or information submitted or made available by users of the Services and made available on the Services or published elsewhere by users and/or third parties. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content made available by you and other users on the Services (including User Content).
Complaints
You acknowledge and agree that in certain circumstances, we have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. We will notify you ahead of time in such a situation.
If you wish to complain about information and materials (including User Content) uploaded by other users, or if there is another issue you wish to raise with us, please contact us at [email protected].
If you believe that any content uploaded or made available through our Services infringes your copyright, you may file an "IP Infringement Report" via tapping on the button "..." - "Report" on the page of every specific content posted on the Platform to request the removal of the alleged infringing content from the Platform. You may also submit a copyright infringement notification to us at [email protected]. The notification must include the following:
Please consider whether fair use or a similar exception to copyright applies before you submit a notification, and please also be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under applicable laws.
We will take commercially reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is our policy, under appropriate circumstances and in our discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
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 acknowledge and agree that:
11. 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 AND CREATORS AND THEIR ASSIGNS AND SUCCESSORS (EACH AN “INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND ALL DIRECT AND INDIRECT LOSSES, CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, WHICH MAY BE SUFFERED OR INCURRED BY AN INDEMNIFIED PARTY OR ASSERTED AGAINST AN INDEMNIFIED PARTY ARISING OUT OF A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR APPLICABLE LAWS OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATION OR WARRANTIES UNDER THESE TERMS.
12. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
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:
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 IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM AND/OR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
WE ARE NOT OBLIGATED TO PROVIDE ANY TRANSITION SERVICES OR TECHNICAL OR OTHER SUPPORT TO YOU AFTER SUSPENSION OR TERMINATION OF ANY SERVICES, NOR ARE WE SUBJECT TO ANY DISASTER RECOVERY OBLIGATION OR COMMITMENT.
13. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
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 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 USER, OR CREATOR OF THE PLATFORM IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DISPUTES WITH SUCH THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM OR SERVICES SHALL BE LIMITED TO THE HIGHER OF (A) THE AMOUNT YOU HAVE PAID TO US WITHIN TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING SUCH CLAIM OR (B) FIFTY US DOLLARS (USD $50) OR THE EQUIVALENT AMOUNT IN YOUR LOCAL CURRENCY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE EXCLUSION OF WARRANTIES IN SECTION 12 AND LIMITATION OF LIABILITY IN THIS SECTION 13 AND IN THE OTHER PROVISIONS OF THESE TERMS AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH THE COMPANY WOULD NOT HAVE PROVIDED ACCESS TO THE PLATFORM AND/OR THE SERVICES TO THE USER.
14. Interruption and Termination of Services
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 or 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 Services for withdrawal of the Service Plans, or interruption, modification or termination of the Services or any part hereof, to the maximum extent permitted by applicable law.
15. Other Terms
Applicable Law and Jurisdiction. Except as may be set forth in any "Supplemental Terms - Jurisdiction Specific" section below, these Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
Survival. This Section 15.b, the rights granted to us in Section 10, and Sections 9, 11, 12, 13 and remaining terms of Section 15 shall survive the termination of these Terms.
Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms.
Entire Agreement. These Terms constitute the whole legal agreement between you and the Company and govern your use of the Services, superseding any prior communications and proposals (whether oral, written or electronic) between you and us.
No Waiver. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
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.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable.
Linked Third Party Content. The Services may contain links to third party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third party content is at the user's own risk.
Rights of third parties. Unless specifically provided for under any "Supplemental Terms - Jurisdiction Specific", any person who is not a party to these Terms shall have no right whatsoever under the Contracts (Rights of Third Parties) Act 2001 to enforce these Terms or any of its terms.
Prevailing language. These Terms may be provided in language versions other than English language version. Unless otherwise explicitly stated under these Terms, if there is any inconsistency among different language versions, the English version shall prevail.
Any Questions? Get in touch at [email protected].
Supplemental Terms - App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform and the Services through specific devices and their applicable app stores: Apple App Store. By accessing the Platform and the Services through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
These Terms are between the Company and you; Apple is not a party to these Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform and the Services on the Apple device(s) authorized by Apple that you own or control for your personal use, subject to the Usage Rules set forth in Apple Media Services Terms and Conditions.
Apple is not responsible for the Platform and the Services or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform and the Services.
In the event of any failure of the Platform and the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform and the Services, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform and the Services.
Apple is not responsible for addressing any claims by you or a third party relating to the Platform and the Services or your possession or use of the Platform and the Services, including without limitation (a) product liability claims; (b) any claim that the Platform and the Services fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Platform and the Services or your possession and use of the Platform and the Services infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
The Company expressly authorizes use of the Platform and the Services by multiple users through the Family Sharing or any similar functionality provided by Apple.
Google Play. By downloading the Platform and the Services from Google Play (or its successors) operated by Google LLC or one of its affiliates ("Google"), you specifically acknowledge and agree that:
Supplemental Terms - Jurisdiction Specific
The United States
If you are using the Platform in the United States, the following additional terms apply:
Dispute Resolution
Informal Process First. If we have a dispute with you relating to or arising out of these Terms, we will first try and resolve it with you amicably prior to filing any legal action. You agree to do the same for us. To be clear, when we use the terms “the Company,” “we,” or “us” in this section, we mean Bytedance Pte. Ltd. and all of its affiliated companies and individuals.
The party raising a dispute will initiate this process by notifying the other party. Whichever party receives the notice will have 60 days to respond. No lawsuit should be brought unless that party fails to provide a timely response to the notice or the dispute has not been resolved within 30 days after a response has been issued, whichever is earlier. Engaging in this informal dispute resolution process is a requirement that must be completed before filing any legal action.
Exclusive venue. These Terms and Supplemental Terms, and any claims, causes of action, of any kind or character, or demand arising out of or relating to them will be governed by the laws of the State of California. Any claim, cause of action or dispute, arising out of or relating to these Terms shall also be resolved exclusively in the U.S. District Court for the Northern District of California or the Superior Court of the State of California, County of Santa Clara. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
One-year limitation period. YOU AND COMPANY AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.
California Resident. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
DMCA Copyright Policy
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Procedure for Reporting Copyright Infringement: If you believe that material or content residing on or accessible through the Platform or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
If we receive a takedown notice in accordance with the foregoing, we will remove the material cited in the notice and attempt to notify any user who uploaded the allegedly infringing material if we have their contact information. Any such user will have the opportunity to submit a “counter-notice” as set forth below. If we determine that any user has repeatedly infringed upon the intellectual property rights of others, we will disable any accounts that user has with us when appropriate.
Procedure to Deliver Counter-Notice: If any user believes any material removed is either not infringing or that such user has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, we will forward a copy of the counter- notice to the original complaining party informing that person that we may restore the removed material following 10 days. The original complaining party will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within 10 days, we may restore the material, at our discretion.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at [email protected], or at:
CapCut Intellectual Property Department Bytedance Pte. Ltd.
Physical Address:1 Raffles Quay, #26-10, South Tower, Singapore 048583 Phone Number: +65 6950 4420
Your Content. In connection with your use of the Services, you may be able to upload or submit content to be made available through the Services ("Your Content"). As a condition of your use of the Services, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, host, cache, reproduce, transmit, and display Your Content in connection with your use of the Services. By submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to upload the material and to grant us the license described above. Notwithstanding anything to the contrary, we do not, nor have any obligation to, maintain Your Content. Your Content will not be available once you delete the Platform.
Use of the Platform. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the Platform. We do not guarantee that the Platform can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Platform or will be available in any particular geographic location. As part of the Services, you may receive push notifications or other types of messages directly sent to you in connection with the Platform ("Push Messages"). You acknowledge that, when you use the Platform, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Platform, including your receipt of Push Messages. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Platform on your mobile device, including for your receipt of Push Messages.
Section 7 of these Terms is amended as follows: The Premium Services on CapCut Web in the United States will be provided by Bytedance Inc. When you purchase Premium Services through CapCut Web in the United States, Bytedance Inc. will be the beneficiary.
European Union and United Kingdom
The following terms apply if you reside in the European Union or the United Kingdom:
Nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract. The European Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/.
Without prejudice to your statutory rights, we may, without notice, temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of your account or the Services:
If we permanently suspend or terminate your account, we will notify you in advance and allow you reasonable time to access and save information, files, and content associated with your account unless we have reason to believe that continued access to your account will violate applicable legal provisions, requests by law enforcement or other government agencies, or cause damage to us or to third parties.
Nothing in these Terms affects any legal rights that you are entitled to as a consumer under European Union member state laws which cannot be contractually altered or waived. Accordingly, some of the exclusions and limitations in Sections 14 and 15 of the Terms will not apply to you if you are a consumer living in a European Union country.
Section 7 and Section 8 of these Terms are replaced with the following language:
Service Plans
Some of the Services are provided to you free-of-charge ("Free Services"); while other Services require payment before you can use them, including but not limited to the CapCut Cloud Space Subscription Service, CapCut VIP Subscription Service etc. ("Premium Services").
For more details of the Premium Services which we will provide you with, please refer to the detailed service descriptions on the purchase page on the Platform. We may develop different versions of this Platform with different Services for different terminal devices in different regions. You should obtain, download, and install the appropriate version for your device and jurisdiction.
If you purchase or subscribe to any of our Premium Services, you must first create an account on the Platform and login to it. The Premium Services are only available to users of either: (i) the Apple iOS version of the Platform who have a valid Apple ID account; (ii) the Google Android OS version of the Platform who have a valid Google account; and/or (iii) the CapCut Web version of the Platform who have a valid CapCut account.
You may purchase or subscribe to any of our Premium Services by paying via your Apple ID, Google account and/or CapCut account (as applicable) .
You may purchase the Premium Services either under a fixed billing period or an automatic renewal subscription fee in advance on a monthly basis (or another interval set on the purchase page of the Platform or notified to you prior to your subscription) or in accordance with other payment arrangement available.
If you purchase the Premium Services under an automatic renewal agreement, you agree that: (a) Apple, Google and/or CapCut (as applicable) may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Premium Services; and (b) Apple, Google and/or CapCut (as applicable) may calculate taxes payable by you based on the billing information that you provide at the time of purchase.
You can find information about the subscription plan pricing either on the purchase page of our Premium Services or the Platform’s description page in Apple App Store and/or Google Play (as applicable). All subscriptions on the CapCut APP version are payable through your Apple ID/Google account and such payments will be processed in accordance with the terms and conditions of the Apple App Store/Google Play Store. Subscriptions on CapCut Web are payable through your CapCut account and such payments will be processed in accordance with these Terms, the terms and conditions of third party payment service providers and/or additional payment terms.
Renewal and Cancellation
If you subscribe to the Premium Services under an automatically renewable agreement, your subscription fee will automatically renew for an additional period equal in duration as your preceding subscription term unless indicated otherwise on the Platform, and your payment will automatically be charged at the start of each new subscription period for the fees applicable to that period, unless you cancel or change your subscription of the Premium Services before the end of the applicable subscription period.
If you do not want to continue to be charged on a recurring basis, you must cancel your subscription of the Premium Services through your Apple ID/Google account before the expiration of the then-current subscription period. You can learn more about how to cancel your subscription of our Services in the FAQ. If you cancel, you will still have access to the Premium Services until the end of the then-current subscription period and be charged the full subscription fee for such subscription period unless otherwise set forth in this "Supplemental Terms – Jurisdiction Specific" section or required by applicable law, e.g., if you cancelled the subscription for cause. After the cancellation takes effect on the last day of the then-current subscription period, you will be downgraded to the Free Services.
If your Premium Services term expires and you do not renew, we have the right to cancel your corresponding Premium Services . Within the time limit that we have notified you in advance, you should transfer and back up your content (including but not limited to your video drafts, photos, stickers and other materials) stored in the cloud space provided by the Platform under your Premium Services before the expiration of such Services, and ensure that the content you store does not exceed the storage capacity that you are entitled to use, so as to avoid the loss of your content and data due to the absence of sufficient cloud space storage capacity. We shall not be liable for any loss of content or data resulting from your failure to procure and pay for sufficient cloud space storage capacity.
You acknowledge that no matter for Free Services or Premium Services, you should always use those services in accordance with all the relevant rules of the Platform, file type restriction, format restriction, size limit, etc. If your use violates any rule, we have the right to stop the corresponding Services, and delete content that exceeds your entitled storage capacity or that does not comply with the relevant rules. If you do not complete the backup or transfer of any relevant content within the time limit after being prompted by us, we shall not be liable for any resultant loss of content or data.
Cloud Space Services
You acknowledge and agree that we have no obligation to provide or continue to provide any user with Cloud Space Services for free and we reserve the rights to upgrade / degrade / suspend our Cloud Space Services from time to time.
You may access cloud storage space by subscribing to the relevant Premium Services, if such Premium Services are made available to you. Depending on the relevant Service Plan applicable to you, the storage capacity of the cloud space allocated to you may differ. The allocated storage capacity applicable to the Premium Services you purchase will be displayed to you on the relevant Premium Services description page or when you make the purchase. You shall not use storage capacity exceeding the allocated storage capacity. If you would like to obtain additional storage capacity, you may further purchase additional cloud storage space packages separately.
You may also have access to our Cloud Storage Services through other ways in certain regions.
In addition to these Terms, you shall comply with the applicable requirements and restrictions applicable to the cloud space storage services (e.g., file type restriction, format restriction, document size limit). If your use violates these Terms, applicable laws or any applicable rule, we have the right to take corresponding measures, such as temporarily or permanently suspending or terminating your access to the corresponding Services, deleting your content which exceeds your entitled storage capacity or that fails to comply with these Terms, applicable laws, or rules applicable to such cloud space storage feature.
Withdrawal information and Refunds
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Bytedance Pte. Ltd., [ 1 Raffles Quay, #26-10, South Tower, Singapore 048583, [email protected]]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; no fees will be incurred at your end as a result of such reimbursement.
If you request the performance of services during the withdrawal period, you must pay us an amount proportional to what has been provided until you communicate to us about your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
*Delete as appropriate.
Notwithstanding the foregoing, any cancellation and / or refund via the Apple App Store or Google Play is subject to the terms and conditions of Apple's App Store Terms of Service and Google Play Terms of Service respectively. You will continue to have access to the Premium Services until your subscription payment is refunded by Apple or Google.
The paragraphs under "User-Generated Content" of Section 10 shall not apply Section 14 of these Terms is replaced with the following language:
Modification, Interruption and Termination of Services
We reserve the right to change our service plans, including adjusting features/services available if there is a valid reason for the change. A valid reason may be in particular (i) to implement changed legal requirements or case law, (ii) to implement changed technical requirements such as a new technical environment or other operational, (iii) to maintain operations or for other operational reasons, (iv) to adapt to changed market conditions such as increased user numbers, and (v) for your benefit. No additional costs for changes to the Service Plans and their functionality will be incurred at your end. We will inform you about such change in a clear and comprehensible manner.
If a change to our service plans affects your ability to access or use the service plans more than insignificantly ("Significant Change"), we will inform you of such change at least six weeks in advance by e-mail ("Change Notice"). The Change Notice will include the characteristics and timing for the Significant Change and describe your rights, which are as follows:
In the event of Significant Changes, you have the right to terminate the contract free of charge with 30 days' notice once you receive the Change Notice, or, in the case where the Change is implemented after you have received the Change Notice, once we implement the change.
We will use commercially reasonable efforts to keep the Services operational. However, we reserve the right to interrupt or modify the availability of the Services or any part thereof (including modifying or withdrawing any Services) from time to time, such as for scheduled or emergency downtime, unless prohibited by applicable law. We will take your legitimate interests into account and will inform you of any restrictions in good time.
If you have subscribed to the Services, we will refund any subscription fees paid but not used on a pro rata basis to you if required by applicable law.
Sections 12 and 13 of the terms are replaced by the following:
For damages with respect to injury to health, body or life caused by us, our representatives or our agents in the performance of the contractual obligations, we are fully liable. We are fully liable for damages caused willfully or by gross negligence by us, our representatives or our agents in the performance of the contractual obligations. The same applies to damages which result from the absence of a quality which was guaranteed by us or to damages which result from malicious action. However, if damages with respect to a breach of a contractual core duty are caused by our slight negligence, we are liable only for the amount of the damage which was typically foreseeable. Contractual core duties, abstractly, are such duties whose accomplishment enables proper performance of an agreement in the first place and whose performance a contractual party regularly may rely on. Our liability based on the German Product Liability Act remains unaffected. Any further liability is excluded. The limitation period for claims for damages against us expires after one (1) year.
These Terms, their subject matter and their formation, are governed by the laws of Singapore, subject only to any mandatory provisions of consumer law in the European Union country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply. You irrevocably agree that the courts of the country in which you or CapCut reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Our approach to content moderation
We review content uploaded by our users proactively (through systems we have in place which detect illegal and harmful content, including content which may be in violation of these Terms or our Community Guidelines) and reactively (for example, on receipt of notice from users or authorities). To achieve this, we deploy a combination of technology and human moderators.
We use automated moderation technology to identify content that violates our Terms or Community Guidelines. This technology looks at a variety of signals across content, which may include, for example, keywords or images to detect potential violations.
Human moderators work alongside our automated moderation systems to review and assess content that may violate our Terms or Community Guidelines. Our moderators undergo regular training on our content moderation processes and policies.
You acknowledge that we have the sole discretion to and may remove or restrict access to any content, including your content, if we reasonably believe (i) it is in breach of these Terms or our Community Guidelines; or (ii) it causes harm to us, our affiliates, our users or other third parties. In case of severe or repeated violations, we might also take account-level action, including temporarily or permanently suspending or terminating your account or access to certain features.
If you think we have made a mistake in removing or restricting your content or suspending or terminating your account, you can contact us via [email protected].
Brazil
If you are using the Platform in Brazil, the following additional terms apply:
Japan
If you are using the Platform in Japan, the following additional terms apply:
Section 4 (Changes to these Terms): Section 4 shall be amended and replaced in its entirety with the following:
We may amend or update these Terms from time to time, to reflect changes, updates or new features to the Platform and/or Services or when there are regulatory changes. Unless otherwise required by applicable laws, we will use commercially reasonable efforts to notify you of any material changes to these Terms, such as through a notice on the Platform or by other means. You should check such notices and review these Terms regularly to stay informed of our latest practices.
Each time when we update these Terms, we will also update the “Last Updated” date at the top of these Terms. The “Last Updated” date reflects the effective date of the updated Terms. Your continued access to or use of the Platform and/or Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms, subject to applicable laws. If you do not agree to the updated Terms, you must stop accessing or using the Platform and Services.
Section 8 (Cloud Space Services): The fifth paragraph of Section 8 shall be amended and replaced in its entirety with the following:Unless otherwise required by applicable laws, we will use commercially reasonable efforts to notify you in advance if the cloud space storage capacity applicable to you will be suspended or cleared up. Within the time limit that we notify you of in advance, you should transfer and back up your content (including but not limited to your video drafts, photos, stickers and other materials) stored in the cloud space provided by the Platform before the expiration of such Service Plan, and ensure that the content you store does not exceed the storage capacity that you are entitled to use, so as to avoid the loss of your content and data due to the absence of sufficient cloud space storage capacity.
Section 13 (LIMITATION OF LIABILITY): Section 13 does not apply to your loss or damage related to or arising from our gross negligence or willful misconduct.
Section 15.a (Applicable Law and Jurisdiction): Section 15.a shall be amended and replaced in its entirety with the following:
These Terms, their subject matter and their formation, are governed by the laws of Japan. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be subject to the exclusive jurisdiction as first instance of the Tokyo District Court.
South Korea
If you are using the Platform in South Korea, the following additional terms apply:
Applicable Law and Jurisdiction. Notwithstanding Section 15.a. above, these Terms, their subject matter and their formation, are governed by Korean law. You and we both agree that courts of Korea will have exclusive jurisdiction.
Limitation of Liabilities. No limitation of liabilities set out above shall be applicable to the extent any loss or damage is incurred by you as a result of our willful misconduct or negligence.
Parental and Guardian Consent. The Services are only available for individuals 14 years old and over. If you are over the age of 14 but under the age of 19, you declare that you have the consent of your parent or legal guardian to receive the Services or to register an account for the Services.
Change to the terms. The following terms shall apply with priority over Section 4 above.
Content. The following terms shall apply with priority over the second paragraph of Section 10 above.
Prior Notification of Service Restrictions, etc. In the event we implement changes that are unfavorable to you (including our suspension or restriction of the availability of our Services), we will notify you individually of the reason for the action without delay. However, in the event that individual notice is prohibited for legal reasons or is reasonably deemed to cause harm to Users, third parties, CapCut and our affiliates (e.g., if the notification violates the laws and regulations or the order of the regulatory authorities, if it interferes with any investigations, if it damages the security of our Services, etc.), the notification may not be issued.
Consent to the Terms. The following terms shall apply with priority over the first paragraph of Section 2 above. These Terms are effectuated when you consent to these Terms, submit a request to use the relevant service and we accept such request. Your access to and use of our Services are also subject to our Privacy Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and is incorporated herein by reference. Notwithstanding Section 2 above, by consenting to these Terms, you are not consenting to our Privacy Policy. You must consent to the Privacy Policy separately from these Terms.
Thailand
If you are using the Services in Thailand, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
Parental and Guardian Consent. If you are under the age of 20, or if you are a quasi- incompetent person, or an incompetent person, you declare that your parent or legal guardian has acknowledged these Terms and you have the consent of your parent or legal guardian to use the Services.
Language. Any local language translation (where applicable) of these Terms exists for reference purposes only, and only the English version shall take precedence. If there is any inconsistency between different versions, the English version shall prevail.
Indonesia
If you are using our Services in Indonesia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
Accepting these Terms. By using the Services, you represent and warrant that you are at least 21 years of age or married or not under guardianship. If you are (i) below 21 years old and you are not married or (ii) under guardianship, your account must be opened under the name of your parent(s) or guardian(s). Further, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting to these Terms, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with these Terms; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protection. If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not willing to open the account under their name, you must cease accessing the Services.
Limitation of Liabilities. The limitation of liabilities set out in Section 13 (Limitation of Liability) above shall not be applicable to the extent any loss or damage is incurred by you as a result of our willful misconduct or negligence.
Age Limit. The Services are only for people who are 14 years old or older in Indonesia.
Waiver. We and you expressly agree to waive and set aside our respective rights and obligations under any applicable laws in the event of any termination of these Terms to the extent that such law requires any judicial pronouncement for the termination of these Terms.
Language. These Terms have been prepared in the English language and Indonesian language. In the event of any inconsistency or different interpretation between the English text and Indonesian text, the English text shall prevail and the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make the relevant Indonesian text consistent with the relevant English text. Each party acknowledges that it has read these Terms and understands its content and that these Terms have been entered into freely and without duress. You acknowledge that you fully understand the language and the content of these Terms, and you agree that you will not use the provisions under Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem, Presidential Regulation No. 63 of 2019 on Use of Indonesian Language or any other laws and regulations to invalidate these Terms.
Mexico
If you use our Services in Mexico, the following additional terms apply. In the event of a conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail. If you are under the age of 18, you may only use the Services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed, discussed and agreed to these Terms, with you.
Personal Data. We will process your personal data for purposes related to the execution and administration in accordance with our Privacy Policy and these Terms. You grant us consent to share your personal data with third parties if necessary to comply with our obligations. You may exercise your data protection rights by contacting us via the Privacy Report.
We may process your personal data to contact you and require additional or complementary information related to the intents established in these Terms.
Language. These Terms have been prepared in the English language and in the Spanish language. If you are residing in Mexico, you shall refer to the Spanish version, which shall prevail.
Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of Mexico. Any dispute arising out of or in connection with these Terms, including any question relating to the existence, validity or termination of these Terms, when applicable, may be brought to the conciliation process before the Procuraduría Federal de Protección al Consumidor (Consumer Protection Agency) located in Mexico City, or submitted to the jurisdiction of the competent courts located in Mexico City.
Australia
If you are using the Platform in Australia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.