Business Terms of Service

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 Seller Center 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 and must not do anything to circumvent these requirements:

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. See here for information on how to use this functionality and what will happen as a result;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; or5. 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; or10. unreasonably show Minors in dangerous situations;iv. does not include misrepresentations about us or our products or services; andv. 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.
d. 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.

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. TikTok may offer products which enable you, as a holder of a Business Account, to permit other persons or accounts to access, use or manage your Business Account, or assets, data, content or features within or available through your Business Account (“Permitted Users”). If you permit such access, you agree that TikTok may share access to your Business Account and assets, data, content or features within or available through it, as authorized by you.
e. You are solely responsible for any activity that occurs in connection with your Business Account, including any activity of your Permitted Users, and any decisions you make to grant or revoke access rights to Permitted Users. TikTok shall not be liable for acts or omissions of your Permitted Users, their products or services, or how they use the permissions you have granted them. If you share or authorize the sharing of data with a Permitted User, you shall ensure that the Permitted User keeps such data confidential and secure and that the data sharing complies with applicable laws, including by having contractual terms in place with Permitted Users to cover the data sharing between you, if the law requires this.

8. Data and analytics

a. 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; and2. 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; or3. use TikTok Data to create or improve profiles or segments relating to any user, device, household, or browser.
b. Nothing in clause 8(a) 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).
c. The TikTok Analytics Joint Controller Addendum applies when TikTok collects personal data about user interactions with your 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.
d. 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.

9. 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; oriii. 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); andii. we shall not be liable to you for:1. loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings; or2. consequential, special or indirect loss or damage, including where such loss or damage is of the type specified at clause 9(c)(ii)(1) above,

even if advised of the possibility of such loss or damage.

10. 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.

11. Trade Controls

a. To the extent legally applicable to you, you agree to comply with all applicable trade, economic and financial sanctions, trade embargoes, and export controls, including those administered and enforced by the UN Security Council, U.S. Department of the Treasury Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce Bureau of Industry and Security (BIS), PRC Ministry of Commerce, UK Office of Financial Sanctions Implementation, and the Council of the European Union (collectively, “Trade Controls”).
b. You represent and warrant that neither you nor your parent, subsidiary, affiliate, or associated company, or directors, officers, shareholders, employees, or agents is included on any restricted party list, including the Specially Designated Nationals List and Foreign Sanctions Evaders List administered by OFAC, and the Denied Parties List, Unverified List, and Entity List maintained by BIS, or on any other restricted party lists maintained by government agencies under Trade Controls (collectively, “Restricted Party Lists”), and is not owned or controlled by a party on any Restricted Party Lists.
c. In performing these Business Terms and the Terms of Service, you will not, directly or indirectly, do business with or provide goods or services to any individual or entity on a Restricted Party List or to any country or territory with which trade is prohibited by Trade Controls.

12. 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 12, these Business Terms shall automatically terminate. The provisions of clause 9 (Limits on liability), clause 10 (Indemnity), clause 13 (Governing law and disputes), clause 14 (General) and any other clause impliedly intended to survive termination will survive such termination.

13. Governing law and disputes

If you use the Platform for Business Purposes, the provisions in this clause 13 shall replace the "Resolving disputes" provisions of the Terms of Service.

a. 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 if you are a business user under the EU Digital Markets Act ("DMA Business User") or clause 13(c) applies.
b. Except if you are a DMA Business User or where clause 13(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 13(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 via registered post with acknowledgement of receipt to Kaleidoscope, 4 Lindsey Street, London, United Kingdom, EC1A 9HP, Attn: Legal Department.ii. If the Dispute has not been settled pursuant to clause 13(b)(i) within 30 days of the date the written notice under clause 13(b)(i) was received, or within such other period as the parties may agree in writing, then the parties will refer the dispute to mediation under 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 CEDR.iii. If the Dispute has not been settled pursuant to clause 13(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 International Chamber of Commerce ("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 clauses 13(a) or (b) 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); oriii. 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.
d. If you are a DMA Business User: i. the laws of the Republic of Ireland 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; and ii. subject to clause 13(e), you and TikTok agree to the exclusive jurisdiction of the courts in Ireland for any such disputes.
e. If you are a DMA Business User, for any dispute arising out of or in connection with Article 6(12) of the DMA (''DMA 6(12) Dispute''), and to the extent such dispute is not resolved through the internal complaints-handling mechanism, you may request to initiate mediation through CEDR following the procedure set out in this clause 13(e). i. You shall give TikTok written notice of the DMA 6(12) Dispute, setting out its nature and full particulars, together with relevant supporting documents. The notice must be sent via registered post with acknowledgment of receipt to The Sorting Office, Ropemaker Place, Dublin 2, D02 HD23, Dublin, Ireland and company number 635755, Attn: Legal Department.ii. The parties shall agree to attempt, promptly and in good faith, to resolve such DMA 6(12) Dispute by way of confidential discussions between the parties. iii. If the DMA 6(12) Dispute has not been settled within 30 days of the date the written notice was received, or within such other period as the parties may agree in writing, then you may request to resolve the DMA 6(12) Dispute through independent mediation under the CEDR Model Mediation Procedure. iv. TikTok retains the right to decline the request for mediation if the request is not made in good faith.v. TikTok will pay for any fees charged by CEDR provided that you will bear any legal or other costs that you incur.

14. 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 5(d) (Business Content licence) and clause 10 (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.