TikTok Developer Terms of Service

Last modified: November 4, 2019

This TikTok Developer Terms of Service (these “Terms”), when accepted, form a legal agreement between you ( “Developer” or “you”) and TikTok Inc. (“TikTok”, “we” or “us”) and governs your access to and use of the TikTok Developer Site and Platform Offerings (both defined below, and together, the “TikTok Developer Services”), which are made available to you solely for interacting with TikTok Services (as defined below) in accordance with these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case “you” or “Developer” refers to such company or other legal entity. You may not use TikTok Developer Services and may not accept these Terms if you are not of legal age to form a binding contract with TikTok or you are a person prohibited from using or receiving the TikTok Developer Services under the applicable laws of the country in which you are a resident or from which you use the TikTok Developer Services. TikTok reserves the right to update these Terms at any time, and your continued use of the TikTok Developer Services will constitute acceptance of such updates.

Please read the terms and conditions of these Terms carefully. BY CLICKING THE “Accept the TikTok for Developers Terms of Service” BUTTON AT THE END OF THESE TERMS OR BY OTHERWISE DOWNLOADING, INSTALLING, ACCESSING, USING OR OPERATING THE TIKTOK DEVELOPER SERVICES, YOU AGREE THAT YOU HAVE READ, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE TIKTOK DEVELOPER SERVICES.

I. Definitions

1. Application: means the software applications, websites, channels, and other digital products that Developer creates which use the Platform Offerings, together with their enhancements, upgrades, updates, new versions and other modifications and amendments.

2. End Users: means end users of the Application.

3. Platform Offerings: means the TikTok API, TikTok Logo and other products and services that are made available by TikTok under these Terms to you.

4. TikTok API: means TikTok’s application programming interfaces, software development kits, specifications, sample code, data, metadata, technology, software and other associated information and materials as well as any updates thereto that TikTok provides to you for the purpose of these Terms.

5. TikTok Developer Site: means the TikTok Developer Site made available to you, and as amended from time to time.

6. TikTok Logo: means the TikTok name, logo, trademarks, service marks, domain names, or other distinctive brand features of TikTok.

7. TikTok Services: means TikTok’s products and services, including without limitation to those offered via TikTok’s website (https://www.tiktok.com/) and TikTok’s mobile applications.

II. License to use the TikTok Developer Services

1. License to Developer. Subject to these Terms, TikTok hereby grants Developer a personal, non-exclusive, non-transferable, non-sublicensable, limited, revocable license during the Term solely to access and use the TikTok Developer Services to develop, test, maintain, support and operate the Application for interacting with TikTok Services according to these Terms and any documentation and specifications applicable to the TikTok Developer Services for the sole purpose of (i) allowing End Users to share content to TikTok Services; and (ii) generating links to be embedded in the Application that will connect to TikTok Services.

2. TikTok’s Ownership. TikTok or its licensors own and shall maintain ownership of all right, title and interest in and to the TikTok Developer Services and TikTok Services. TikTok expressly reserves all rights to the foregoing. These Terms grants you no right, title, or interest in any intellectual property owned or licensed by TikTok. TikTok shall have an unlimited, irrevocable and worldwide right to use for any purpose any feedback, whether provided verbally or in written form, by you to TikTok regarding your use of and/or access to TikTok Developer Services, without monetary or other compensation to you.

3. TikTok Logo. If the TikTok Developer Services include or require the use or display of the TikTok Logo, TikTok grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, revocable license during the Term to display the TikTok Logo in or through your Application in accordance with TikTok’s brand guidelines, as provided to you, and as amended from time to time.

4. TikTok User Content. If applicable, any content created, uploaded, posted, sent, received, stored, or otherwise provided by TikTok users or by other third party licensors (“TikTok User Content”), may be subject to copyright or other intellectual property and proprietary rights. You may not distribute TikTok User Content unless you obtain all necessary rights, consents, and licenses by the owner of such content or as required by law.

6. Incorporated Terms. Your use of the TikTok Developer Services and interaction with TikTok Services is subject to and governed by the policies, guidelines and other terms and conditions (as updated from time to time) applicable to such use or access by you (the “Incorporated Terms”), including without limitation the following:

a) the TikTok Terms of Service located at https://www.tiktok.com/legal/terms-of-use?lang=en;

b) the TikTok Privacy Policy located at https://www.tiktok.com/legal/privacy-policy?lang=en.

c) the TikTok Community Guidelines located at http://support.tiktok.com/en/privacy-safety/community-policy-en.

You and the Application will not encourage or create facility for your End Users or other third parties that violates these Terms or the above Incorporated Terms.In the event of a conflict between these Terms and any of the above Incorporated Terms, these Terms shall prevail.

7. Monitoring. You agree that TikTok may monitor the use of the TikTok Developer Services to ensure the quality and verify whether you comply with your obligations under these Terms. You agree that you will not interfere with such monitoring.

III. Developer Application; Reasonable Use; Restrictions

1. Authentication. In order to gain access to TikTok Developer Services, you must register with the TikTok Developer Site and provide the information requested by us. You are responsible for ensuring that the information you provided is and remains accurate and up-to-date. You are responsible for ensuring the confidentiality of your login credentials and responsible for all acts or omissions that occur under your account.

2. Application. TikTok may require you to submit the Application for review and approval by TikTok prior to distribution to End Users. If you make any changes to the Application after approval by TikTok, you must resubmit the Application to TikTok. You agree to cooperate with TikTok in the submission process, provide all required information, and answer all questions reasonably requested by TikTok regarding your Application.

3. Developer Content. If the TikTok Developer Services allow you or End Users to submit or create content to submit text, graphics, photos, video, audio, music, or other content (“Developer Content”) to the TikTok Services, you hereby grant TikTok a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, transmit, synchronize, display, create derivative works from, and publicily perform such Developer Content. Before you submit Developer Content to the TikTok Developer Services, you must have all the necessary rights (including from End Users or other third party licensors) to grant TikTok this license. All Developer Content is subject to these Terms, Incorporated Terms, and any other policies provided by TikTok applicable to Developer Content. TikTok does not acquire ownership in Developer Content or Application.

4. Reasonable Use. You must:

a) abide by all laws, rules and regulations applicable to your Application, the TikTok Developer Services, and TikTok Services, including those applying to personal data;

b) comply at all times with these Terms and with TikTok’s requirements, requests, policies and applicable Incorporated Terms (or those of any network connected to the TikTok Developer Services or TikTok Services);

c) make a complete and accurate disclosure to your End Users of the privacy practices and policies applicable to the Application that is compliant with applicable law, these Terms, and Incorporated Terms;

d) ensure that the Application which you connect to the TikTok Developer Services is stable and easily navigable;

e) implement and maintain technical, physical, and administrative safeguards in accordance with these Terms and the highest industry standards;

f) immediately disconnect with the TikTok Developer Services and TikTok Services in the event of your becoming aware of any compromise or deficiency in relation to your computer systems, networks, web-browsers or routers and report any such compromise or deficiency to TikTok immediately upon becoming aware of it;

g) if applicable, provide all necessary customer support for the Application to End Users.

5. General Restrictions. When accessing the TikTok Developer Services, you will not (or allow others to):

a) distribute, license, transfer, directly or indirectly sell, rent, syndicate, lend, copy, modify, reverse engineer, decompile, or otherwise alter, in whole or in part, the TikTok Developer Services, or TikTok Services or any derivative works thereof;

b) sublicense to any third party or permit any third party, without TikTok’s express written authorization, to browse, access or use the TikTok Developer Site, or any derivatives thereof;

c) use the TikTok Developer Services or TikTok Services, without TikTok’s express written consent, for any commercial or unauthorized purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation or spamming;

d) use the TikTok Developer Services or TikTok Services in connection with or for any illegal, unauthorized or otherwise improper purposes, or in any manner which would violate any right of any person, including intellectual property rights, or breach any laws or regulations, or in any manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to TikTok;

e) use or combine the TikTok Developer Services with software offered under an open source license in such a way that would cause the TikTok Developer Services to be subject to any obligations under any such open source license;

f) use the TikTok Developer Services in a manner that violates any mobile developer or app store terms, conditions, guidelines, or policies;

g) use the TikTok Developer Services in a matter that (as determined by TikTok), exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply with or is contradictory with any documentation, policies, these Terms, or any Incorporated Terms;

h) collect or attempt to collect any personal data from TikTok users for any unauthorized or unlawful purpose or build, help build, or supplement any profiles, databases, or similar records on any individual, device, content, or browser or associate the behavior of any individual, device, content, or browser with any profile, databases, or similar record;

i) use the TikTok Developer Services for fraudulent or otherwise unlawful or unauthorized purposes, including but not limited to the development or promotion of spyware, adware or other malicious codes or programs or to defame or harass any person;

j) introduce viruses, malware, malicious code or other content of a harmful or destructive nature through the Application or your access or use of the TikTok Developer Services, including, but not limited to, failure to ensure adequate protection is installed on your devices and servers in accordance with industry practices;

k) use any robot, spider, site search or retrieval application, or other device to collect information about users of the TikTok Developer Services for any unauthorized purposes;

l) act in any way which could reasonably be expected to adversely impact the stability of TikTok’s servers or the behavior of other applications using the TikTok Developer Services;

m) interfere with or attempt to interfere with the proper working of the TikTok Developer Services or TikTok Services, disrupt our website or any networks connected to the TikTok Developer Services or TikTok Services, or bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the TikTok Developer Services or TikTok Services;

n) remove, obscure, or alter any lega, copyright, trademark or other proprietary notices in relation to the TikTok Services, TikTok Developer Services, and abide by TikTok’s requirements in relation to the use of any proprietary materials, or falsify or delete any author attributions, legal notices, or other labels of origins or source of material;

o) imply any inaccurate affiliation, sponsorship, or endorsement of you by the Application by TikTok;

p) use the TikTok Developer Services to compete with or replicate any TikTok Services;

q) create a false identity on the TikTok Developer Site; or

r) use TikTok Developer Services or TikTok Services in any manner that is not expressly authorized under these Terms.

6. Compliance. TikTok may audit you and the Application for compliance with these Terms. You agree you will provide TikTok with proof that you and your Application comply with your obligations under these Terms.

IV. Confidentiality

All authentication procedures and data to which you gain access or which is provided to you in connection with your use of the TikTok Developer Services and TikTok Services is the “Confidential Information” of TikTok and proprietary to TikTok, unless you can demonstrate that such information: (a) was already known to you, other than under an obligation of confidentiality, at the time of disclosure; (b) was generally available in the public domain at the time of disclosure to you; (c) became generally available in the public domain after disclosure other than through your act or omission; (d) was subsequently lawfully disclosed to you by a third party without any obligation of confidentiality; or (e) was independently developed by you without use of or reference to any information or materials disclosed by TikTok. You may use this Confidential Information only as expressly permitted hereunder and you may not share the Confidential Information with any third party other than as required by a court, a regulator or otherwise under applicable laws. You aknowledge and agree that TikTok may be independently creating applications and other products and services that may be similar or competitive with the Application and nothing in these Terms will be construed as restricting or preventing TikTok from creating and fully exploiting such applications, products, or services with any obligation to you.

V. Modifications; Suspension; Support

TikTok may change, suspend, or discontinue any aspect of the TikTok Developer Services at any time. TikTok may also impose limits on certain features and services or restrict your access to parts or all of the TikTok Developer Services without notice or liability to you. TikTok will use commercially reasonable efforts to correct errors in the TikTok Developer Services that cause the same not to perform in accordance with TikTok’s published user documentation for such site or materials that has been made available by TikTok.

VI. Fees

TikTok does not currently charge for use of the TikTok Developer Services; however, TikTok reserves the right to do so in the future, at its sole discretion. If TikTok decides to charge for the TikTok Developer Services, such charges will be disclosed to you prior to taking effect and if you do not wish to pay such charges, your sole and exclusive remedy is to terminate your use of the TikTok Developer Services at which point each party’s obligations under these Terms will automatically terminate.

VII. Term & Termination

The term of these Terms will commence on the earlier of your acceptance of these Terms or your first use of any of the TikTok Developer Services and shall continue until these Terms is terminated by either party. Either party may terminate these Terms upon notice to the other party. Upon termination of these Terms, all licenses granted herein immediately expire, and you must immediately cease use of any and all TikTok Developer Services and permanently delete all Platform Offerings, TikTok confidential information, any TikTok User Content in all forms in your possession and control (including from our servers). The following sections will survive any expiration or termination of the Terms: Section II.2, III.6, IV, VIII-XII, and any other provision of the Terms that contemplates a continuing obligation.

VIII. Disclaimers

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (I) TikTok PROVIDES THE TikTok Developer Services ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS; (II) DISCLAIMS ALL GUARANTEES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE CONCERNING THE TikTok Developer services SUPPLIED BY TikTok HEREUNDER, INCLUDING BUT NOT LIMITED TO, THOSE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (III) tiktok DOES NOT REPRESENT THAT THE TikTok Developer services WILL BE UNINTERRUPTED OR ERROR FREE UNINTERRUPTED, VIRUS-FREE OR SECURE OR MEET YOUR REQUIREMENTS; (IV) YOUR USE OF THE TikTok Developer Services IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE TikTok Developer services INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR INJURY TO YOU OR ANY THIRD PARTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. with respect to tiktok USER content, tiktok is not responsible for the accuracy, completeness, usefulness, availability, safety, or legality of such data, including content that may be offensive, indecent, defmatory, objectionable, or that may violate third party rights or applicable laws or regulations.

IX. Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify TikTok, its subsidiaries, affiliates, licensors, licensees, assigns and successors, and each of their officers, directors, employee, agents, advisors and shareholders from and against any third-party claim, suit or action including any liability, losses, damages (actual and/or consequential), expenses, litigation costs and reasonable attorney fees, of every kind and nature arising from or in any way related to your (a) actual or alleged breach of your obligations under these Terms; (b) your use of TikTok Developer Services and any Developer Content or data derived therefrom; or (c) the performance, promotion, sale or distribution of the Application. TikTok shall use reasonable endeavors to provide you with written notice of any such claim, suit or action.

X. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIKTOK, ITS AFFILIATES, assigns, successors, licensors or LICENSEES, or each of their OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, advisors, or SHAREHOLDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY direct, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF or in connection with this TERMS or THE USE OF, OR INABILITY TO USE, THE TIKTOK SERVICES, OR THE TIKTOK DEVELOPER SERVICES, INCLUDING ANY DAMAGES RESULTING THEREFROM, REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), regardless of whether tiktok has been ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH TIKTOK SERVICES OR THE TIKTOK DEVELOPER SERVICES IS TO STOP USING THE TIKTOK SERVICES OR THE TIKTOK DEVELOPER SERVICS.

XI. Anti-Corruption; Export Rules

You agree to comply with all applicable laws and regulations in relation to export control, including those administered or enforced by the Bureau of Industry and Security of the U.S. Department of Commerce. You agree that you will not transfer any information or software it receives from TikTok that constitutes an export or transfer of controlled items, data or services, to include transfer to non-US persons employed by or associated with, or under contract to that party, without the authority of an export license, agreement or applicable exemption or exception.

XII. Miscellaneous

1. Publicity. You agree that TikTok may use your name, logo(s), or other identifying information or image for any legitimate business purpose without consent. You may not make any public statement regarding your relationship with TikTok or access to the TikTok Developer Services without TikTok’s prior written consent.

2. Agency. Nothing in these Terms will be construed to establish any agency, partnership, or joint venture between you and TikTok.

3. Entire Agreement. These Terms, together with applicable Incorporated Terms, constitute the whole legal agreement between you and TikTok and govern your use of the TikTok Developer Services and entirely replace any prior agreements between you and TikTok in relation to the TikTok Developer Services.

4. Assignment. You may not assign any of the rights or obligations granted hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of TikTok. Any attempted assignment in violation of this Section is null and void, and TikTok may terminate these Terms.

5. No Waiver/Severability. Our failure to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that part will only be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

6. Governing Law. These Terms, its subject matter and formation, are governed by the laws of the State of California. Any disputes or proceedings (including tort claims) arising out of or relating to these Terms or the TikTok Developer Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then the dispute will be litigated exclusively in the Superior Court of California, County of Los Angeles. The parties consent to personal jurisdiction in both courts. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN AN ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY.

7. Notice. TikTok may give notices to you by email. All notices to TikTok will be sent to TikTok Inc., 10100 Venice Blvd., Culver City, CA 90232, Attn: Legal; with a copy to legal@tiktok.com.