Terms of Service
Last updated: January 22, 2026
General Terms – All United States Users


1. Your Relationship With Us
Welcome to Dreamina (the "Platform"). Dreamina is a website we may make available from time to time to allow users to generate images from prompts using artificial intelligence. These Terms of Service (these "Terms") as may be amended from time to time apply to United States users and govern the relationship and serve as an agreement between you and TikTok USDS Joint Venture LLC ("TikTok USDS Joint Venture", "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”). We work with service providers and business partners, such as BD TikTok USA LLC and its affiliates (hereinafter referred to as "TT Commerce & Global Services") in accordance with applicable laws including the Executive Order 14352 and any compliance obligations thereunder, and our affiliates in order to provide certain important functions of the Platform and the Services so that you and other users can use them and enjoy a global experience, including in connection with commercial services and activities.
For purposes of these Terms, "you" and "your" means you as the user of 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.
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 TikTok USDS Joint Venture, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services are subject to these Terms.
Our Privacy Policy provides information about our processing of personal data. You may also be subject to additional terms and policies for your access or use of certain features of the Platform, certain Services and/or your access or use of the certain content for commercial purposes (if permitted). Such additional terms and policies shall be made available to you as and when relevant and 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. Changes to these Terms
We may amend or update these Terms from time to time, to reflect changes, updates or new features to the Platform and/or Services, or when there are regulatory changes. We will notify you of any material changes by updating the "Last Updated" date at the top of the new Terms or providing any other notice as required by applicable law. You agree to regularly check such notices and review these Terms regularly to stay informed of our latest practices.
Your continued access to or use of the Platform and/or Services after the effective 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.
4. Your Account with Us
To access or use some of our Services, you must have a CapCut account. If you are an existing CapCut user, you can use your existing CapCut account credentials. If you are not an existing CapCut user, you must create a new CapCut account as explained by the Platform when signing-in. While you may use your CapCut account credentials to access the Platform, it is these Terms which apply to your use of the Platform (rather than the CapCut terms). 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.
It is important that you keep your account login details confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: support@us.dreamina.com.
Furthermore, 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, our affiliates, service providers, and business partners, including TT Commerce & Global Services, 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) TikTok USDS Joint Venture and its affiliates, service providers, and business partners, including TT Commerce & Global Services, 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 unauthorized access to your account by a third party.
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:

  1. if we have reasonable grounds to believe you have violated, or suspect that you have violated, these Terms, including any agreements, policies or guidelines incorporated herein by reference, or any applicable laws;
  2. if activities occur under your account which, in our sole discretion, would or might cause damage to us, our affiliates, service providers, or business partners, including TT Commerce & Global Services, or other users, impair our ability to provide the Platform or Services, or infringe on or violate any third party rights (including intellectual property rights);
  3. in response to requests by law enforcement or other government agencies under valid legal process;
  4. due to unexpected technical or security issues or problems; or
  5. if your account remains inactive for a certain period of time.


In the case where we decide to permanently suspend or terminate your account or take other remedies, we will notify you in advance in order to allow you time to access and save your information and content, unless it is inappropriate for us to do so, we reasonably believe that continued access to your account will cause damage to us, our users, our affiliates, service providers, or business partners, including TT Commerce & Global Services, or other third parties, or we are legally prevented from doing so.
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 choose to delete your account through the "Manage account" page on the Platform. Alternatively, you can also request the deletion of your account by contacting us via support@us.dreamina.com or completing the webform at https://www.capcut.com/us-privacy, after which we will provide you with further assistance and guide you through the account deletion process. Please be aware that once you choose to delete your account, you will not be able to reactivate your account, retrieve any of your account data, or any of the content or information you have uploaded, created, edited, shared, received from other users or are otherwise associated with your account.
5. 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 and applicable laws.
You may not:

  1. access or use the Services if you are not fully able and legally competent to agree to these Terms or if your parent or legal guardian does not consent to your use of the Services, or if you are not authorized to use the Services by the business or entity that you represent;
  2. take or attempt to take any of the following actions: copy, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works based on, the Services, including any files, tables or documentation (or any portion thereof) (except as expressly permitted under these Terms) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
  3. modify or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notices or marks displayed on or through the Services;
  4. distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof or use the Services or any derivative works thereof in a manner which is not authorised by us;
  5. market, rent or lease the Services for a fee or charge or for free, or use the Services to advertise or perform any commercial solicitation;
  6. interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or circumvent or bypass any measures we may use to prevent or restrict access to the Services;
  7. incorporate the Services into any other program or product, or incorporate any content of the Services into any other program or product except as expressly permitted under these Terms;
  8. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
  9. use automated scripts or other technologies to collect information from or otherwise interact with the Services;
  10. use the Services to upload, transmit, distribute, store or otherwise make available in any way computer code (including malware or software), files or content that contain viruses, Trojans, worms, spyware, adware, key loggers, logic bombs or any other material that is malicious, technologically harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data ("Harmful Code");
  11. use the Services in a manner that violates or infringes on any third party's rights of publicity, privacy, copyright, trademark, or other intellectual property rights or other rights;
  12. use the Services to troll, bully, harass, intimidate, cause distress to, threaten, hurt, embarrass, upset, defame, provoke or antagonise any other person;
  13. use the Services or material or content generated by the Services: in any way which violates any national, federal, state, local or international law or regulation; for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; to generate or disseminate verifiably false information and/or content with the purpose of harming others; to generate or disseminate personal identifiable information that can be used to harm an individual; to defame, disparage or otherwise harass others; for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; for any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics; to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; for any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories; to provide medical advice and medical results interpretation; to generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
  14. use the Services to communicate or make available any material or content which (i) is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; (ii) would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; (iii) is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; (iv) contains a threat of any kind, including threats of physical violence; or (v) is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; or
  15. engage in any other conduct which restricts or inhibits any person from using or enjoying the Services, or which, in our sole judgment, exposes us, our affiliates, service providers, or business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors, or any of our users, or any other third party to any liability, damages, or detriment of any type.


In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.
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 content which is objectionable, in violation of these Terms or our Community Guidelines, or is otherwise harmful to the Services, our service providers and business partners, such as TT Commerce & Global Services, and our affiliates, 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, to the extent permitted by law.
6. 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 Dreamina Basic, Dreamina Standard, and Dreamina Advanced Services ("Premium Services" or, collectively with Free Services, "Service Plans"). The Premium Services in the United States will be provided by TT Commerce & Global Services, in accordance with applicable laws including the Executive Order 14352 and any compliance obligations thereunder. 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. 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.
You may purchase or subscribe to any of our Premium Services by paying the applicable purchase or subscription fees and taxes in your jurisdiction. Unless 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 to 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 arrangements available.
If you purchase the Premium Services under an automatic renewal arrangement, you agree that (a) Dreamina may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Premium Services, and (b) Dreamina 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 on the purchase page of our Premium Services. Subscriptions on Dreamina are payable through your Dreamina 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 Cancellation
You may choose the type of Premium Services you would like to purchase or subscribe to.
If you subscribe to the Premium Services for a fixed term arrangement, your subscription will automatically end upon the subscription term expiring.
If you subscribe to the Premium Services under an automatic renewable arrangement, your subscription will automatically renew for an additional period equal in duration to your preceding subscription term, unless indicated otherwise on the Platform. Your payment will automatically be charged at the start of each new subscription term for the fees applicable to that term, unless you cancel or change your subscription to 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 Dreamina account (as applicable) before the end of the then-current subscription period. 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 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 automatically.
Refund policy
If you subscribe the Premium Services (either on fixed-term basis or on automatic renewal basis), 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 subscribed to the Premium Services. If you believe you are entitled to receive a refund, please contact us via support@us.dreamina.com for further information on refund procedures. 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 and any of our further communications with you on refund, if any.
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.
7. Intellectual Property Rights
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. You may not use any of our (or our affiliates) logos, brand names, or other trade marks, without our prior consent.
8. Content
The Platform and Services may allow users to submit prompts (Input) and receive an image (Output) in response.
Outputs generated using the Platform or Services rely on computational models which may exhibit unpredictable behavior. Similar Outputs may (particularly if Inputs are similar, but not always) be provided to different users. As such, we do not promise that Outputs will be what you expect, or unique, nor that they will be faithful to your Inputs or accurately depict what you are looking for.
As between you and TikTok USDS Joint Venture and our service providers and business partners, such as TT Commerce & Global Services, and our affiliates (to the extent we may otherwise own rights in Inputs or Outputs) if you comply with these Terms, you own the Inputs you upload, and the Outputs generated in response (together “Assets”).
You grant us (and our affiliates, successors, and assigns) and other users of the Platform a perpetual, irrevocable, worldwide, non-exclusive, transferrable, no-charge, royalty-free, and sub-licensable, right and licence to use your Assets for the purpose of providing the Services. This licence survives termination or expiry of our agreement with you for any reason.
In this clause to “use” means: to reproduce, modify, adapt, prepare derivative works of, communicate to the public, to publicly perform or display, distribute, and otherwise use or exploit.
To the extent permitted by law, you hereby waive any moral rights (including to be identified as author or to object to derogatory treatment of work) or other similar or equivalent rights, in respect to your Assets. To the extent such waiver is not effective you agree (and, to the extent permitted by law) you agree not to enforce any such rights against us (and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors, successors, or assigns).
Complaints.
You acknowledge and agree that in certain circumstances, TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, in accordance with applicable laws including the Executive Order 14352 and any compliance obligations thereunder, have the right to disclose your identity to any third party who is claiming that any Asset posted, uploaded, generated, shared or otherwise supplied by you to or through our Services constitutes a violation of their intellectual property rights, or of their right to privacy. Any use or disclosure of your personal data will be in accordance with our Privacy Policy.
If you have concerns or complaints regarding any information or materials available through the Platform or Services, please let us know by writing to support@us.dreamina.com.
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:

  1. TikTok USDS Joint Venture and our service providers and business partners, such as TT Commerce & Global Services, and our affiliates, have no obligation to review, consider, comment on, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
  2. Feedback is provided on a non-confidential basis, and TikTok USDS Joint Venture and our service providers and business partners, such as TT Commerce & Global Services, are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
  3. you irrevocably grant to TikTok USDS Joint Venture an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide and unlimited license to adapt, reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.


9. INDEMNITY
YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS TIKTOK USDS JOINT VENTURE AND OUR AFFILIATES, SERVICE PROVIDERS, AND BUSINESS PARTNERS, INCLUDING TT COMMERCE & GLOBAL SERVICES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS, (EACH AN “INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND ALL DIRECT AND INDIRECT LOSSES, CLAIMS, LIABILITIES, DEMANDS, 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.
THIS MEANS THAT, IF YOU DO NOT COMPLY WITH THE LAW OR THE REQUIREMENTS SET OUT IN THIS CONTRACT, YOU MUST COMPENSATE US (PAY US) TO COVER THE FINANCIAL AND OTHER COSTS, EXPENSES AND LOSSES WE SUFFER DUE TO YOUR ACTIONS.
10. 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 CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND TIKTOK USDS JOINT VENTURE AND TT COMMERCE & GLOBAL SERVICES MAKE NO CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THEM. IN PARTICULAR, TIKTOK USDS JOINT VENTURE AND TT COMMERCE & GLOBAL SERVICES 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 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.
TIKTOK USDS JOINT VENTURE AND TT COMMERCE & GLOBAL SERVICES 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.
11. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR OR OUR AFFILIATES’ AND BUSINESS PARTNERS’ 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 AND OUR AFFILIATES, SERVICE PROVIDERS, AND BUSINESS PARTNERS, INCLUDING TT COMMERCE & GLOBAL SERVICES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS, SHALL NOT BE LIABLE TO YOU FOR:


THESE LIMITATIONS ON OUR AND OUR AFFILIATES’ AND BUSINESS PARTNERS’ 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 AND OUR AFFILIATES, SERVICE PROVIDERS, AND BUSINESS PARTNERS, INCLUDING TT COMMERCE & GLOBAL SERVICES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS 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, TIKTOK USDS JOINT VENTURE’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 10 AND LIMITATION OF LIABILITY IN THIS SECTION 11 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 TIKTOK USDS JOINT VENTURE WOULD NOT HAVE PROVIDED ACCESS TO THE PLATFORM AND/OR THE SERVICES TO THE USER.
12. Interruption and Termination of Services
We will use commercially reasonable efforts to keep the Services operational. However, TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors,employees, agents, and advisors 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 TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors will not assume any obligations or liabilities to you with respect to the Services for interruption, modification or termination of the Services or any part hereof, to the maximum extent permitted by applicable law.
13. Resolving Disputes
Informal Resolution Process First. If we have a dispute with you relating to or arising out of these Terms or the Platform or the Services, regardless of when the dispute may have arisen or accrued, we will first try and resolve it with you amicably. You agree to do the same for us and TT Commerce & Global Services.
The party raising a dispute will initiate this process by notifying the other party. Whichever party receives the notice will have 60 days to respond. If the dispute has not been resolved after the response time has expired, or within 30 days after a response has been issued, whichever is earlier, either party may file legal action against the other. Engaging in this informal dispute resolution process is a requirement that must be completed before filing any legal action. You, TikTok USDS Joint Venture, and TT Commerce & Global Services agree that you will make a good faith effort to resolve the dispute amicably before you, TikTok USDS Joint Venture, or TT Commerce & Global Services files any legal action against the other, and that the statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process.
Exclusive venue. These Terms and Supplemental Terms, and any claims, causes of action, of any kind or character, or demand arising out of or relating to them will be governed by the laws of the State of California. Any claim, cause of action or dispute, arising out of or relating to these Terms or the Platform or the Services shall also be resolved exclusively in the U.S. District Court for the Central District of California or the Superior Court of the State of California, County of Los Angeles. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
One-year limitation period / limitation on legal action. YOU AND TIKTOK USDS JOINT VENTURE AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM OR THE SERVICES. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.
14. Other Terms
a. Survival. This Section 14, the rights granted to us in Section 8 (Content), and Sections 7 (Intellectual Property Rights), 9 (Indemnity), 10 (Exclusion of Warranties), 11 (Limitation of Liability) and remaining terms of Section 14 shall survive the termination of these Terms.
b. Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms.
c. Entire Agreement. These Terms constitute the whole legal agreement between you and TikTok USDS Joint Venture and govern your use of the Services, superseding any prior communications and proposals (whether oral, written or electronic) between you and us or ByteDance Pte. Ltd. related to the Platform and the Services.
d. No Waiver. Our or your failure to enforce any provisions of these Terms will not be construed as a waiver of any provision or right. If any portion of these Terms is found to be invalid or unenforceable, then that provision will be removed from these Terms to the minimum extent required to make it enforceable and the remaining provisions will continue to have full force and effect. It will not be considered a waiver of any provision or right if we or you fail to insist upon or enforce any of these Terms. In these Terms, “include” or “including” means “including but not limited to.”
e. Security. TikTok USDS Joint Venture and our affiliates, service providers, and business partners, including TT Commerce & Global Services, and each of their respective officers, directors, employees, agents and advisors 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.
f. 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.
g. Rights of third parties. Unless specifically provided for under these Terms, any person who is not a party to these Terms shall have no right whatsoever to enforce these Terms or any of its terms.
h. 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.
i. California Resident. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
j. Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by TikTok USDS Joint Venture hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries or any country that has been designated by the United States Government as a “terrorist supporting” country, or (b) to anyone listed on any United States Government list of prohibited or restricted parties, including the United States Treasury Department's list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List.
k. United States Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to United States Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
l. 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.
m. 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 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.
n. Entire Agreement. These Terms constitute the whole legal agreement between you and TikTok USDS Joint Venture and govern your use of the Services, superseding any prior communications and proposals (whether oral, written or electronic) between you and us or ByteDance Pte. Ltd. related to the Platform and the Services.
o. Any Questions? Get in touch at support@us.dreamina.com.