Terms of Service

Last updated: June 22, 2022

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”). Our Services are provided for private, non-commercial use. For purposes of these Terms, "you" and "your" means 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 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 Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

2. Accepting these Terms

By accessing or using our Services, you confirm that you can form a binding contract with 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 and Community Guidelines (where applicable), the terms of which can be found directly on the Platform, or where the Platform is made available for download and/or on your mobile device’s applicable store, and such terms are incorporated herein by reference. You may also be subject to additional terms and policies for your access or use of certain new feature of the Platform, certain Service and/or your access or use of the certain content for commercial purposes (if permitted). Such additional terms and policies shall form part of these Terms.

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 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 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 can accept these 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 Terms from that point onwards.

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 applicable to users in each jurisdiction as outlined in the relevant "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 to applicable laws, regulations, 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 Terms by a notice provided through the Platform or by other means. You should review these Terms each time you visit the Platform to stay informed of our practices. The “Last Updated” date at the top of these Terms, which reflects the effective date of such amended 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 Terms. If you do not agree to the updated Terms, you must stop accessing or using the Platform and 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.

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, complete, accurate and up-to-date 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 current, accurate and complete.

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, access to your account, and any related information or content associated with your account may be suspended or terminated. As we do not guarantee the permanent availability of your content, you should regularly make backups of any content you value.

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

6. Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You agree to use the Services only for purposes expressly permitted under these Terms.

You may not:

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 Policy, or is otherwise harmful to the Services or our users. If you violate these 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 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.

7. Service Plans, Renewal, Cancellation and Refund

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 and CapCut VIP Subscription Service ("Premium Services" or, 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, as well as all additional rules, guidelines, and requirements applicable to such Service Plans.

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, and 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 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 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), 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 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 will not take effect immediately at the time of renewal of your subscription, unless you explicitly agree otherwise. In particular, price changes will not take effect immediately at the start of the subsequent subscription period following the date of the price change. 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, please make sure you read any notification 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 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 automatic renewable arrangement, 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 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, 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.

You may choose the Premium Services you would like to purchase or subscribe (including without limitation the term and the price of the applicable Premium Service you prefer). After the expiration of the term, the corresponding Premium Services will no longer be provided to you.

Refund policy

Unless otherwise set forth in the "Supplemental Terms – Jurisdiction-Specific" section below, if you subscribe the Premium Services (with or without automatic renewal agreement), 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 subscribe to the Premium Services. If you believe you are entitled to receive a refund, please contact us. You may find more information about how to contact us in the FAQ. 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, our procedure in the FAQ, and any of our further communication with you, if any.​

Notwithstanding the foregoing, if you subscribe the Premium Services through Apple Pay or Google Pay, your cancellation and refund is 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 may access limited cloud storage space provided by us on a free-of-charge basis; and you may also access more 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 (including without limitation the Premium Services to which you subscribe), 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.

Following the termination or expiration of your then current subscription term, if you choose not to renew your subscription, you will no longer have cloud space storage capacity, or, if we provide users with certain cloud space storage capacity for free, you will be downgraded to such free storage capacity. If you choose to downgrade your Premium Services, you will be downgraded to the storage capacity applicable to the Premium Service you select. For the avoidance of doubt, you acknowledge and agree that we have no obligation to provide or continue to provide any user with a cloud space storage capacity plan for free.

We will use commercially reasonable efforts to notify you in advance if the cloud space storage capacity applicable to you will be degraded or become unavailable. 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, in case your storage capacity is downgraded, 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 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 suspending or terminating your access to the corresponding Services, deleting your content which exceeds your entitled storage capacity or that fails to comply with the these Terms, applicable laws, or rules applicable to such cloud space storage feature.

You shall always back up your content. We are not liable for any loss of your content or data stored by using the cloud space storage feature to the extent permitted by applicable laws.

9. Intellectual Property Rights

The Services are protected under the laws of copyright, patent, trademarks and other applicable intellectual property rights. All intellectual property rights in and to the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws. Unless expressly permitted in these 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.

10. Content

Company's Content

Third Party Content/Services

User-Generated 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 of 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 to violate 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.

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 capcut.support@bytedance.com.

If you believe that any content uploaded or made available through our Services infringes your copyright, you may submit a copyright infringement notification to us at capcut.ip.reports@bytedance.com. 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. All information submitted in your copyright infringement notification may be forwarded to the uploader of the claimed infringing content, or otherwise made public in any way by us or a third party.

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 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

a. 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.

b. 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.

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 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.

e. 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.

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 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.

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 user's own risk.

i. 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.

j. 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.

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

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:

Google Play. By downloading the Platform and the Services from Google Play (or its successors) operated by Google, Inc. 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:

Email: capcut.support@bytedance.com

Address: 1 Raffles Quay, #26-10, South Tower, Singapore 048583

If this class action waiver is found to be invalid or unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. If any other provision of the Arbitration Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law.

If for any reason a claim proceeds in court rather than in arbitration, you and the Company each waive any right to a jury trial.

European Union and United Kingdom

The following terms apply if you reside in the European Union or the United Kingdom:

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.

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 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).

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 end of the then-current subscription period. You can learn more about how to cancel your subscription of our Services in the FAQ. If you 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 your 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 or you downgrade to other Services, we have the right to cancel your corresponding Premium Services or downgrade those to the Services consistent with your actual payment, i.e. downgrade your cloud space storage capacity to the free storage capacity provided by the Platform or downgrade it to the corresponding capacity consistent with the amount you actually pay for. 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.

Whether it is Free Services or Premium Services provided by the Platform, you will 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 back up 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 may access limited cloud storage space provided by us on a free-of-charge basis; and you may also access more 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.

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 suspending or terminating your access to the corresponding Services, deleting your content which exceeds your entitled storage capacity or that fails to comply with the 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 after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Bytedance Pte. Ltd., [ 1 Raffles Quay, #26-10, South Tower, Singapore 048583, capcut.support@bytedance.com]) 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 shall 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), without undue delay and in any event not 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; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportional to what has been provided until you communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

*Delete as appropriate.

Notwithstanding the foregoing, any cancellation and 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 reasons, (iii) to maintain operations, (iv) to adapt to changed market conditions such as increased user numbers, and (v) for your benefit. You will not incur any additional costs for changes to the Service Plans and their functionality. We will inform you about the 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 this 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. The period begins once you received the Change Notice. If the change is made after you have received the Change Notice, the period shall only start once we implemented 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 restriction 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 10 and 11 of the terms are replaced by the following:

India

If you are using the Platform in India, the following additional terms shall apply:

Mr Anuj Bhatia

Email: grievance.officer@capcut.com

Brazil

If you are using the Platform in Brazil, the following additional terms apply:

a. Accepting these Terms. To use or access the Platform, you must agree with the Terms. Be aware that the provisions herein will govern the relationship between you and the Platform. If you do not agree with all terms below, you will not be allowed to use or access the Platform. Your access to and use of our Services is also subject to our Privacy Policy, which you also have to agree with, and the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and is incorporated herein by reference.

b.Parental and Guardian Consent. If you are 16 years of age or above but under the age of 18, you declare that you had the assistance of your parent or legal guardian to use the Services and to agree to these Terms. If you are under the age of 16, your parent or legal guardian must agree to these Terms on your behalf, otherwise you cannot use the Services. If you are the parent or legal guardian responsible for the minor, this Terms are applicable to you, and you hereby agree with them.

c. Changes to these Terms. In the case of relevant changes that require the user´s consent, we will present the new Terms to obtain your consent in relation to the new Terms.

d. Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by Brazilian law. You and we both agree that the courts of Brazil will have exclusive jurisdiction.

e. Language. These Terms of Service may have been prepared in the English language and in the Portuguese language. If you are a user residing in Brazil, you shall refer to the Portuguese version, which shall prevail.

f. 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.

g. 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.

h. Termination. We reserve the right, in our sole discretion, to deny access to the Platform and the Services by any User, or to modify, suspend or terminate any User's access to or use of the Platform and the Services at any time, for any reason or for no reason, without notice. We may also, in our sole discretion and at any time, discontinue providing the Platform and the Services, or any part thereof, with or without notice. We may notify the User about the termination or suspension of the account or discontinuance of the Platform and the Services within 15-day prior notice given by communication via e-mail, message, app or other alternative means of communication only if User has not given cause for such termination, suspension or discontinuance, otherwise we are not obliged to prior communicate the User.

Japan

If you are using the Platform in Japan, the following additional terms apply:

South Korea

If you are using the Platform in South Korea, the following additional terms apply:

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.

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.