1. What services are covered by these Business Terms
These "Business Terms" (the “Business Terms”) apply if you use the Platform for purposes within your trade, business, craft or profession (“Business Purposes”), unless an exemption in section 2 below applies. Business Purposes include:
- managing your own business through your account on the Platform; and/or
- administering or helping to administer an account on the Platform on behalf of a business.
2. What business products, services and activities are excluded from these Business Terms?
The products and services you access through your:
- TikTok For Business, TikTok Ads Manager and TikTok Business Center accounts are governed by the Commercial Terms of Service and not by these Business Terms; and
- TikTok Shop Seller accounts are governed by the Seller Terms of Service for TikTok Shop and not by these Business Terms.
If you are a consumer who posts content on the Platform that promotes a third party brand or its products or services in exchange for payment or any other incentive, this is governed by the relevant provisions of the Terms of Service (as defined below) and the Branded Content Policy not by these Terms.
3. Interaction with other TikTok terms
These Business Terms form part of the Terms of Service. They apply in addition to the Terms of Service and any other applicable supplemental terms (including those additional terms and policies listed in the Terms of Service).
To the extent any specific provision of these Business Terms conflicts or is inconsistent with any term of the Terms of Service, the specific provision of these Business Terms will prevail.
In the event of conflict between these Business Terms and specific terms related to your business use of a product or feature accessible via the Platform e.g. Promote or the TikTok Creator Marketplace, those specific terms will take priority over these Business Terms solely to the extent of the conflict.
In the event of conflict between these Business Terms and the Zusätzliche Bestimmungen für Nutzer mit Wohnsitz in der Bundesrepublik Deutschland, those country specific terms will take priority over these Business Terms solely to the extent of the conflict.
4. Sales and advertising features
You agree that, when you use the Platform to post content containing sales features (such as discount codes or product listings) or advertising features (such as third party links or calls to action) you will use the tools that TikTok has made available for these purposes unless we otherwise agree. Current tools include the TikTok Merchant Platform and the TikTok for Business Platform.
5. Business Content, promotion and disclosure requirements
If you upload content to your account on the Platform which is designed to promote products or services (“Business Content”), it is subject to the Terms of Service in the same way as any other content that users create, post or share on the Platform and, in addition to the restrictions set out in “What you can’t do on the Platform” in the Terms of Service, you are under a positive obligation to ensure the following:
- a. You must ensure that your Business Content:
- i. is instantly recognisable as having a commercial purpose and use any functionality TikTok makes available to facilitate this;
- ii. does not promote or sell:
- 1. cigarettes or other tobacco products;
- 2. electronic cigarettes or electronic cigarette refill containers;
- 3. any prescription-only medicine;
- 4. alcoholic drinks where your Business Content is aimed at persons under the age of 18 (“Minors”) and encourages the immoderate consumption of alcohol; or
- 5. anything that may be prohibited or restricted by any policies which may apply to Business Content;
- iii. does not:
- 1. use techniques which exploit the possibility of conveying a message subliminally or surreptitiously;
- 2. prejudice respect for human dignity;
- 3. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
- 4. encourage behaviour prejudicial to health or safety;
- 5. encourage behaviour grossly prejudicial to the protection of the environment;
- 6. cause physical, mental or moral detriment to Minors;
- 7. directly exhort Minors to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
- 8. directly encourage Minors to persuade their parents or others to purchase or rent goods or services;
- 9. exploit the trust of Minors in parents, teachers or others; or
- 10. unreasonably show Minors in dangerous situations;
- iv. does not include misrepresentations about us or our products or services; and
- v. does not give the impression that TikTok is a promoter or otherwise involved where your Business Content includes promotions or other commercial activity.
- b. If you include in your Business Content a link to any third party site, app or platform (“Third Party Site”), it is your responsibility to understand and abide by any rules or requirements imposed by such Third Party Site. TikTok shall have no responsibility for any content, services or merchandise or activities on any such Third Party Site and expressly disclaims all liability with respect thereto.
- c. Where you are using your TikTok account for a Business Purpose, you must either use the in-app Commercial Sounds Page, the web-based TikTok Commercial Music Library, or pre-clear all music rights to the Business Content, and if you choose to use the in-app Commercial Sounds Page or the web-based TikTok Commercial Music Library, you must comply with the you must comply with the TikTok Commercial Music Library – User Terms in each instance.
6. Account selection
Where you use your account primarily for Business Purposes, you agree that you will at all times use a TikTok account type designated for commercial or business use (a “Business Account”), and comply additionally with the terms set out in the “Business Account Additional Terms” set out in clause 7 below.
7. Business Account additional terms
The following terms apply where you have opened a Business Account:
- a. You agree to not convert your account back to a personal account or other account used for non-Business Purposes, unless authorised by us.
- b. You will not send unsolicited communications to any other users of the Platform.
- c. If you apply for your Business Account to be verified or obtain an equivalent accreditation offered by us, you agree that all supporting information you provide will be genuine and correct.
- d. As part of your use of the Platform, where you receive data, analytics, or reports in relation to the effectiveness and/or performance of the Platform (“TikTok Data”):
- i. You may use TikTok Data solely:
- 1. to plan and manage how you use the Platform; and
- 2. to assess the effectiveness and performance of the Platform.
- ii. You agree not to:
- 1. share TikTok Data with any third party, except for persons acting on your behalf and in compliance with the Terms of Service;
- 2. de-aggregate or de-anonymise TikTok Data; or
- 3. use TikTok Data to create or improve profiles or segments relating to any user, device, household, or browser.
- e. Nothing in this clause 7(d) is intended to prevent or restrict you from using the Platform tools that use TikTok Data for their intended function and purpose, as specified in writing by TikTok (for example, in the user interface or Help Center for the relevant product).
- f. The TikTok Analytics Joint Controller Addendum applies when TikTok collects personal data about user interactions with your Business Account (e.g. views, likes, comments and shares) to provide you with aggregated anonymous reporting about the performance of your content on the Platform, that personal data is subject to the European General Data Protection Regulation or its UK equivalent, and you jointly determine with TikTok the means and purposes of the processing.
- g. If you send us, or enable us to collect, Business Products Data (as defined in the Business Products (Data) Terms), you agree to the Business Products (Data) Terms.
- h. When you post Business Content to the Platform, in addition to the licence granted to TikTok under the Terms of Service, you give TikTok a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to use, store, display, reproduce, save, modify, perform and distribute your Business Content on the Platform for the purposes of marketing and promoting that Business Content on the Platform. This licence extends to other companies who are affiliated or are providing services to TikTok as part of making the Platform available to you and other users.
8. Limits on liability
- a. Except as expressly set out herein, the Platform is provided “as available” and “as is” and we make no warranties or representations of any kind to you with respect to them. Except as expressly set out herein, we disclaim all warranties, express, implied, or statutory, including any terms relating to merchantability, fitness for a particular purpose, title and non-infringement.
- b. Nothing in these Business Terms excludes or limits liability for:
- i. death or personal injury caused by a party’s negligence;
- ii. fraud or fraudulent misrepresentation; or
- iii. any other type of liability which cannot by law be excluded or limited.
- c. We limit our liability to you arising from your use of the Platform and/or under these Business Terms, whether such liability arises in contract, tort (including, without limitation, negligence) or otherwise, as follows:
- i. our maximum liability to you shall be limited to five hundred pounds sterling (£500); and
- ii. we shall not be liable to you for:
- 1. loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings; or
- 2. consequential, special or indirect loss or damage, including where such loss or damage is of the type specified at clause 8(c)(ii)(1) above,
even if advised of the possibility of such loss or damage.
9. Indemnity
You agree to defend, indemnify, and hold harmless TikTok, its group companies and each of their respective officers, directors, employees, and agents (“TikTok Parties”) from any and all claims, allegations, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses, brought or asserted against any of the TikTok Parties arising out of, or relating in any way to, your breach of these Business Terms or the Terms of Service.
10. Sanctions
You represent and warrant that you, and any entity that owns, controls, or is otherwise affiliated with you:
- a. will comply with all applicable economic or financial sanctions or trade embargoes imposed, administered, or enforced by the United States, European Union and relevant Member States, the United Kingdom, and the United Nations Security Council (collectively “Sanctions”);
- b. are not operating, organised, or resident in a country or territory that is the target of comprehensive Sanctions;
- c. are not identified on a Sanctions-related list of designated persons maintained by the United States, European Union or United Kingdom, including the Specially Designated Nationals and Blocked Persons List and Her Majesty’s Treasury’s Consolidated List of Financial Sanctions Targets (“Restricted Party Lists”);
- d. will not do business with or provide goods or services, using the Platform, directly or indirectly, to anyone on the Restricted Party Lists; and
- e. are not subject to end destination export control regulations, including the United States Export Administration Regulations.
11. Termination
- a. In addition to your rights and TikTok’s rights to suspend or end our relationship under clause 6 of the Terms of Service, TikTok may terminate your Business Account at any time on not less than 30 days' written notice to you.
- b. In the event of termination of your account under clause 6 of the Terms of Service or this clause 11, these Business Terms shall automatically terminate. The provisions of clause 8 (Limits on liability), clause 9 (Indemnity), clause 12 (Governing Law and disputes), clause 13 (General) (a) and any other clause impliedly intended to survive termination will survive such termination.
12. Governing law and disputes
These provisions shall replace the "Resolving disputes" provisions of the Terms of Service.
- a. If you use the Platform for Business Purposes, the laws of England and Wales will govern these Business Terms, the Terms of Service and any claims and disputes (whether contractual or otherwise) arising out of or relating to the relationship between you and TikTok, except as otherwise provided in clause 12(c).
- b. Except where clause 12(c) applies, if you have any claim or dispute against TikTok arising out of or in connection with these Business Terms or the Terms of Service, including any question regarding their existence, breach, termination, enforcement, interpretation or validity (“Dispute”), the parties shall follow the procedure set out in this clause 12(b):
- i. either party shall give to the other written notice of the Dispute, setting out its nature and full particulars, together with relevant supporting documents, and the parties shall agree to attempt, promptly and in good faith, to resolve such Dispute by way of confidential discussions between the parties. The notice of Dispute to TikTok must be sent to Kaleidoscope, 4 Lindsey Street, London, United Kingdom, EC1A 9HP, Attn: Legal Department and will be deemed to have been received three United Kingdom business days after posting.
- ii. If the Dispute has not been settled pursuant to clause 12(b)(i) within 30 days of the date the written notice under clause 12(b)(i) was deemed received, or within such other period as the parties may agree in writing, then the parties will refer the dispute to mediation under the International Chamber of Commerce (“ICC”) Mediation Rules or the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of referral of the Dispute, the mediator will be nominated by the ICC or CEDR (as applicable).
- iii. If the Dispute has not been settled pursuant to clause 12(b)(ii) within 60 days following the referral of the Dispute to mediation, or within such other period as the parties may agree in writing, such Dispute will thereafter be finally settled under the Rules of Arbitration of the ICC, which are incorporated by reference into this clause. Unless the parties stipulate otherwise, there will be one arbitrator (to be appointed by the ICC), the arbitration will take place in London, England, and the arbitration will be conducted in English.
- c. Nothing in this clause 12 shall:
- i. prevent TikTok from applying to any court or other judicial authority of competent jurisdiction for interim relief of any kind including, without limitation, injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party's confidentiality rights or copyrights, trademarks, trade secrets, patents or other intellectual property rights;
- ii. require either party to arbitrate Disputes that may not be subject to arbitration as a matter of generally applicable law (and the courts of England and Wales shall have exclusive jurisdiction over such Disputes); or
- iii. prevent either party from bringing a claim in a court of law where it has a legal right to do so, which cannot be given up or changed by contractual agreement.
13. General
- a. If any portion of these Business Terms are found to be unenforceable, then that portion will be severed and the remaining portion will remain in full force and effect.
- b. If we fail to enforce any of these Business Terms, it will not be considered a waiver.
- c. Except as permitted in clause 7 of the Terms of Service, any amendment to or waiver of these Business Terms must be made in writing and signed by us.
- d. Any words following the terms including, include, in particular, for example, or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
- e. You will not transfer any of your rights or obligations under these Business Terms to anyone else without our consent.
- f. Except as set out in clause 7(g) (Business Account additional terms) and clause 9 (Indemnity), these Business Terms do not confer any third-party beneficiary rights,Please note that our retention policies for Business Content may differ from those set forth in the Terms of Service.
- g. We retain Business Content as necessary to provide our services to users, for internal record keeping, and for product improvement and safety purposes.
- h. All of our rights and obligations under these Business Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
- i. Nothing in these Business Terms or any applicable supplemental terms will prevent us from complying with the law.
- j. We reserve all rights not expressly granted to you.
