CapCut Creator Terms of Service
Last Updated: [ July 25, 2023 ]
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.
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.
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.
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.
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 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 email@example.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).
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:
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.
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.
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.
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").
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:
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.
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 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.
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:
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.
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.
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.
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.
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 firstname.lastname@example.org.