Welcome to TikTok Effect House (the “Effect House”), which is a part of “Services” as defined in the TikTok Terms of Service.
Your access and use of Effect House and our related services, applications, websites, products and content (collectively, the “Effect House Services”) is governed by these Effect House Terms of Service (“Effect House Terms”) and the TikTok Terms of Service as applicable to you depending on your usual residence. In the event of any conflict between these Effect House Terms and the applicable TikTok Terms of Service for the purposes of your use or access to the Effect House Services, these Effect House Terms will govern solely with respect to the subject matter herein and solely to the extent of the conflict.
Any capitalized terms not defined in these Effect House Terms but defined in the TikTok Terms of Service have the meaning given to them in the TikTok Terms of Service.
Effect House allows you to download or otherwise access our tools and relevant resources to create, preview, upload and manage various special effects, which may include filters, stickers, images, graphics, objects in permitted devices (the “Effect(s)”) and related materials which may include name and description of the Effect and other textual or graphic materials relating to in the Effect (“Related Materials”) (for the avoidance of doubt, Related Materials shall exclude Effects), and distribute or authorize the distribution of these Effects and Related Materials across the TikTok Platform. For the avoidance of doubt, “Effects” shall include, without limitation, any and all fonts, text, photographs, videos, musical works, sound recordings, animations, 3D materials, codes, trademarks, marks, logos, brands, service marks, trade names, data and any other elements and content embodied in the Effect.
1. Accepting these Effect House Terms
By accessing and using the Effect House Services, you agree to be bound by these Effect House Terms. If you do not agree, please do not use the Effect House Services.
You should print and save a copy of these Effect House Terms for your records.
The Effect House Services are only available for individuals that are of the minimum age under the applicable TikTok Terms of Service for using or accessing to the Services. In addition, if you are under the age legally required to enter into a valid agreement, your access and use of certain features of the Effect House Services may be limited.
By accessing or using the Effect House Services, you represent that you are at least 18 years old (or the applicable age of majority in the jurisdiction you reside in), and that you are capable of lawfully entering into these Effect House Terms and performing all obligations hereunder. If you are under 18 years old or under the applicable age of majority in the jurisdiction you reside in, you confirm that your parent or legal guardian consents to your access to or use of the Effect House Services (if such consent is required by law in your jurisdiction), has reviewed and discussed these Effect House Terms with you, and consents to your entering into these Effect House Terms.
3. Changes to these Effect House Terms
We may amend these Effect House Terms from time to time in accordance with TikTok Terms of Service. Your continued access to or use of the Effect House Services after the effective date of the amended terms constitutes your acceptance of the amended terms. If you do not agree to any amended terms, you must stop accessing and using the Effect House Services.
4. Your Account
We will use your TikTok account to communicate with you about the Effects and Related Materials you import, create and/or uploaded by using the Effect House Services.
5. Effect and Related Materials
You agree and acknowledge that Effects and Related Materials you import, create, upload or otherwise make available to us are “User Content” as defined under the TikTok Terms of Service, and will be subject to the terms and conditions applicable to User Content under the TikTok Terms of Service.
For the avoidance of doubt, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and the “look and feel” of the Effect House Services, and all intellectual property rights related thereto are “TikTok Content” as defined under the TikTok Terms of Service, and will be subject to the terms and conditions applicable to TikTok Content under the TikTok Terms of Service.
Effect House may provide services whereby the Effects and Related Materials can be generated within Effect House by using any build-in copyrighted content (including without limitation music) but does not provide any service whereby copyrighted content can be downloaded or otherwise adapted. You shall not download or adapt the copyrighted content provided by Effect House by any means, or otherwise use the copyrighted content outside of the functionality provided by Effect House. You shall not make available, distribute, or perform the music provided by Effect House separately from the Effects and Related Materials, including, but not limited to standalone distribution of the music. You shall not use the music or other copyrighted content provided by Effect House in an illegal manner, in connection with any illegal content, and/or in violation of these Effect House Terms and TikTok Terms of Service. In the event of any violation of the limitations set forth herein, we reserve the right to enforce our rights against you to the fullest extent of the law.
You may have the option to upload the Effects and Related Materials through the Effect House Services for our review in order to authorize us to distribute the Effects via the TikTok Platform. You acknowledge that nothing under these Effect House Terms shall obligate us to publish, distribute or otherwise make available your Effects and Related Materials through the TikTok Platform.
You expressly agree and acknowledge that we may also recommend your Effects to other users of the TikTok platform, by way of adding your Effects to the Effect Tray of TikTok platform or in any other manner as TikTok deems appropriate. However, we will identify you as the source of the applicable Effects (specifically excluding Branded Effects), and you acknowledge and agree that such Effects are still User Content, rather than TikTok Content.
6. Branded Effects
You may use Effect House Services to generate Branded Effects. You hereby guarantee that: (i) any Branded Effect that you generate shall comply with TikTok’s Advertising Policies and other related policies, guidelines; (ii) any Branded Effect that you generated shall be your original work, and will not infringe, misappropriate or violate any intellectual property or other right of any person or entity; (iii) you have full right to use Effect House Services to generate Branded Effect, and if your work requires a license, you have obtained such license and the license is in full force and effect.
You further acknowledge that for any Branded Effects you make for a brand or a third party (the “Brand”), you are an independent contractor providing services directly to the Brand pursuant to your separate contract with them, to which TikTok is not a party. TikTok does not act as your representative or agent.
TikTok is not responsible or liable, as far as possible under applicable law, for any relationship you acquire with the Brand.
7. Suspension or Termination of Your Access to and Use of the Effect House Services
You acknowledge and agree that we may terminate your access to the Effect House Services at any time for no reason or any reason.
Your Effect and Related Materials must also comply with TikTok Terms of Service, TikTok Community Guidelines and Effect Guidelines and are subject to TikTok Intellectual Property Policy and other terms, policies, guidelines referred therein. We reserve the right to modify, suspend or terminate access to, or discontinue at any time, your Effect and/or Related Materials, including if they are in violation of these terms, policies or guidelines.
9. Software License
You acknowledge and agree that TikTok owns all rights in Effect House software, and any other creative tools TikTok may make available to you to create the Effects. By downloading, installing or using Effect House software, you are granted a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use and access Effect House software for the sole purpose of creating Effects for use with TikTok Platform and Services. You further acknowledge that this software license is issued to you only, and you shall be liable for any unauthorized access and your license and access may be suspended at any time at our sole discretion. You acknowledge our ownership and exclusive rights in and to the Effect House software. You agree not to use Effect House software for any purpose other than to create content for use in conjunction with the TikTok Platform or Services. Effect House may contain publicly available software subject to other licenses, such license terms and required notices can be found in a separate file provided with Effect House. Effect House software, documentation, content and any other information made available in connection with Effect House is NOT A CONTRIBUTION and is not feedback to any open-source project or to any third party product, service or project.
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER EFFECT HOUSE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT EFFECT HOUSE SOFTWARE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH EFFECT HOUSE SOFTWARE, THE SPECIFIC FUNCTIONS OF EFFECT HOUSE SOFTWARE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EFFECT HOUSE SOFTWARE “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
10. Beta License, Export Control and Sanctions
If you receive Effect House software that has been identified as beta version software, your rights to use the beta version of the Effect House software (the “Beta Software”) are subject to the following additional conditions: (a) you understand and agree that the Beta Software constitutes pre-release software, may not operate as intended, may include defects or errors or other discrepancies, and may be modified, enhanced or otherwise changed before general release; (b) you may only use the Beta Software for the beta testing period we have advised you of in writing (or if we have not so advised you, for a period of 365 days) (the “Beta Period”) following which you must cease all usage and destroy all copies of the Beta Software; (c) we reserve the right to disable Beta Software at the end of the Beta Period; and (d) you agree to provide timely and reasonable feedback on the Beta Software, including in respect of errors, performance and suggested improvements.
You understand that the Beta Software is subject to applicable export control laws and regulations and agree that you shall comply with such laws and regulations and shall not export or re-export any Beta Software, directly or indirectly, in contravention of such laws and regulations.
By installing, downloading or otherwise using the Beta Software, you are deemed to make the following statement: I certify that this beta test/evaluation software will only be used for beta testing purposes, and will not be rented, leased, sold, sublicensed, assigned, or otherwise transferred. Further, I certify that I will not transfer or export any product, process, or service that is the direct product of the beta test software.
11. Entire Agreement
These Effect House Terms, together with any terms, agreement or document referenced or incorporated herein, constitute the whole legal agreement between you and TikTok and govern your use of the Effect House Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.
If you have any questions about the Effect House Services or these Effect House Terms, please get in touch at: https://www.tiktok.com/legal/report/feedback.