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"TikTok Advertise -User Service Agreement"
1. User agreement
In particular, I would like to remind you (users) that before using TikTok Advertise Services, please read this "TikTok Advertise User Service Agreement" (hereinafter referred to as the "Agreement") carefully, and "TikTok Advertise " (hereinafter referred to as "TikTok Advertise " or "we") to ensure that you fully understand the terms of this agreement. Please read carefully and choose to accept or not to accept this agreement. After the terms of this agreement and the registration process are completed, you can become an officially registered user of TikTok Advertise and enjoy various services of TikTok Advertise . Your registration, login, use, etc. will be regarded as your acceptance of this agreement, and you agree to be bound by the terms of this agreement. If you do not agree to this agreement, or have any questions about the terms of this agreement, please stop using the TikTok Advertise program immediately, and you can choose not to use the services of this website. This agreement stipulates the rights and obligations of the service agreement (hereinafter referred to as the "service") between TikTok Advertise and the user. "User" refers to an individual or unit that registers, logs in, and uses the service. This agreement can be updated by * at any time. Once the updated terms of the agreement are announced, they will replace the original terms of the agreement without further notice. Users can check the latest version of the terms of the agreement in this APP. After modifying the terms of the agreement, if the user does not accept the revised terms, please stop using the services provided by TikTok Advertise immediately. The user's continued use of the services provided by TikTok Advertise will be deemed to have accepted the revised agreement.2. Account registration
2.1. Users need to register a TikTok Advertise account before using the service. TikTok Advertise accounts should be registered with a mobile phone number binding. Users are requested to register a TikTok Advertise account with a mobile phone number that has not been bound to the TikTok Advertise account, and a mobile phone number that has not been banned by TikTok Advertise in accordance with this agreement. We can change the method of account registration and binding according to user needs or product needs without prior notice to the user. 2.2. If the applicant for registration has a precedent of being banned by us or is suspected of false registration and abuse of registration in the name of others, and other reasons for not obtaining permission, we will reject his application for registration. 2.3. In view of the binding and registration method of TikTok Advertise account, you agree that TikTok Advertise will allow your mobile phone number and mobile device identification code and other information to be used for registration when registering. 2.4. When users register and use the service, we need to collect personal information that can identify the user so that we can contact the user when necessary or provide the user with a better experience. The information we collect includes but is not limited to the user's name and address; agreeing to the use of this information will be subject to the protection of the user's personal privacy information in Article 3.3. Account security
3.1. Once the user becomes a user of TikTok Advertise , he/she will get a user name and password, and has the right to use his/her user name and password to log in at any time. 3.2. The user is fully responsible for the security of the user name and password, and at the same time is fully responsible for all activities and events carried out under his user name. 3.3. Users shall not transfer or authorize others to use their TikTok Advertise user names in any form without authorization. 3.4. The user shall keep the password properly and shall not inform others of the password. The user shall bear all losses caused by the poor storage of the password. 3.5. If the user leaks the password, it may lead to unfavorable legal consequences. Therefore, regardless of any reason that the user's password security is threatened, you should immediately contact the TikTok Advertise customer service staff, otherwise you will be at your own risk.4. User statements and guarantees
4.1. The user undertakes that he is a civil subject with full civil capacity and has the ability to enter into a transaction to fulfill his obligations. 4.2. Users are obliged to provide their own true information when registering, and to ensure the validity and security of content such as mobile phone number, name, location, etc., to ensure that our staff can contact users through the above contact information. At the same time, users are also obliged to update the relevant registration information in a timely manner when the relevant information actually changes. 4.3. Any content produced, uploaded, copied, published, or disseminated by users through the process of using TikTok Advertise , including but not limited to account avatar, name, user description and other registration information and authentication materials, or text, voice, pictures, videos, graphics, etc. To send, reply, and related link pages, as well as other content generated by using the account or the service, shall not violate the relevant national legal system, including but not limited to the following principles: (1) Violates the basic principles determined by the Constitution; (2) endangers national security, divulges State secrets, and subverts state power; (3) Harms national honor and interests (4) Inciting ethnic hatred, ethnic discrimination, and destroying national unity; (5) Sabotaging national religious policies, promoting cults and feudal superstitions; (6) Spreading rumors, disturbing social and public order, and destroying social stability; (7) Spreading obscenity, pornography, gambling, violence, murder, terrorism, or instigating crime; (8) Insulting or slandering others, infringing on the legitimate rights and interests of others; (9) Containing other content prohibited by laws and administrative regulations. 4.4. Users shall not use TikTok Advertise to interfere with our normal operations and content that infringes the legitimate rights and interests of other users or third parties: (1) Contains any sexual or sexual innuendo; (2) Contains abusive, threatening, or threatening content; (3) Contains harassment, spam advertisements, and malicious information; (4) Involves the privacy of others, personal information or materials; (5) Infringes the legal rights of others such as reputation rights, portrait rights, intellectual property rights, and trade secrets; (6) Contains other information that interferes with the normal operation of the service and infringes the legitimate rights and interests of other users or third parties.5. Termination of user services
1. TikTok Advertise has the right to terminate the provision of services to users under the following circumstances： (1) When a user violates the relevant provisions of this service agreement, we have the right to terminate the provision of services to the user; if the user is registered as a user directly or indirectly or in the name of another person, once discovered, we have the right to directly and unilaterally terminate the provision of services to the user. (2) If we contact the user through the information provided by the user and find that the contact information filled in by the user during registration no longer exists or cannot be connected, we will notify the user of the change with other contact information, and the user still fails to provide the new contact information within three working days, we have the right to terminate the provision of services to the user. (3) Users are not allowed to swipe or cheat through procedures or manual methods. If the user is found to have cheated, we will immediately terminate the service and have the right to withhold the amount in the account. (4) Once we find that the data or information provided by the user contains false content, we have the right to terminate the provision of services to the user at any time. (5) When these terms of service are terminated or updated, the user expressly does not want to accept the new terms of service. (6) And other situations where we believe it is necessary to terminate the service. 2. After the service is terminated, we are not obliged to retain any information in or related to the original account for the user, or forward any information that has not been read or sent to the user or a third party. 3. The user understands and agrees that even after this agreement is terminated and the user's service is terminated, TikTok Advertise still has the right to： (1) Continue to save your user information. (2) Continue to claim from users the responsibilities they should bear for violating laws and regulations, this agreement and platform rules during their use of the platform services.6. Service changes and interruptions
6.1. In view of the particularity of network services, users need to agree that we will change or interrupt some or all of the network services, and delete (no longer save) any information submitted by the user during use without notifying the user, and without assuming any responsibility to any user or any third party. 6.2. We need to regularly or irregularly test or update the platform that provides network services. If the network services are interrupted within a reasonable time due to such circumstances, we do not need to bear any responsibility for this.7. Modification of terms of service
7.1. TikTok Advertise has the right to modify any content of these Terms of service at any time. Once any content of these Terms of Service changes, we will prompt users to modify the content through appropriate means. 7.2. If you do not agree to the changes made by TikTok Advertise to these terms of service, the user has the right to stop using the network services. 7.3. If the user continues to use the network service, it will be deemed that the user accepts the changes made by TikTok Advertise to these terms of service.8. Exemption and compensation statement
8.1. If we have made it clear that the service delivery method has changed and reminded the user to pay attention to the matters, the user shall bear all the consequences of the user's failure to operate as required. 8.2. The user expressly agrees that the risks of using TikTok Advertise will be entirely borne by him, and all consequences arising from his use of TikTok Advertise will also be borne by him.9. Privacy Statement
1. Scope of application： (1) When the user registers for a TikTok Advertise account, the personal registration information provided as required. (2) When users use TikTok Advertise or visit its related Web pages, TikTok Advertise automatically receives and records the server values on the user's browser, including but not limited to data such as IP addresses and Web page records requested by users. 2. Use of information： (1) TikTok Advertise will not sell or lend users' personal information to anyone unless the user's permission is obtained in advance. (2) It is also not allowed for any third party to collect, edit, sell or distribute users' personal information free of charge by any means. If any user engages in the above activities, once discovered, we have the right to immediately terminate the service agreement with the user and seal his account. (3) In order to achieve the purpose of serving users, it may provide services to users through the use of users' personal information, including but not limited to sending product and service information to users.10. Other
10.1. TikTok Advertise solemnly reminds users to pay attention to the terms of this agreement. Please read it carefully and consider the risks independently. Minors should read this agreement accompanied by their legal guardians. 10.2. The validity, interpretation and settlement of disputes of this agreement shall be governed by the laws of the Federation of Philippines. 10.3. No matter what reason any provision of this agreement is invalid or unenforceable, the remaining provisions will still be valid and binding on both parties. 10.4. The final interpretation of this agreement belongs to TikTok Advertise Company, and reserves all rights of interpretation and modification. 10.5. This agreement shall apply from August 3, 2018."TikTok Advertise -Advertiser Cooperation Agreement"
You are a legally registered and operated entity in accordance with the law. You hope to display your advertisements through the TikTok Advertise service platform to promote and promote its legally produced, sold or represented products, services, etc. to users. In order to use the TikTok Advertise advertising service platform and related services, you should read and abide by the "TikTok Advertise -Advertiser Cooperation Agreement" (hereinafter referred to as: this Agreement), "TikTok Advertise Service Agreement" and other related agreements and rules. Please be sure to read and fully understand the contents of the terms carefully, especially the terms that restrict or exempt liability, as well as the separate agreements and rules for opening or using a service. Limitations or exclusions may prompt you to pay attention in bold or underlined form. Unless you have read and accepted all the terms of this agreement and related agreements, rules, etc., you have no right to use the service. Once you select "agree" or "Next step" (the specific wording is subject to the one displayed when the service is activated) and complete the registration process, or you use the service in any way, it is deemed that you have read and agreed to be bound by the above agreements, rules, etc. When you violate any behavior of this agreement, TikTok Advertise has the right to unilaterally take measures to restrict, suspend or terminate the provision of services to you at any time in accordance with your violation, and has the right to hold you accountable. In this agreement, you may be referred to as "Party A" and TikTok Advertise may be referred to as "Party B".1. Definition
Unless otherwise expressly agreed, the following words have the following meanings in this agreement: 1.1. TikTok Advertise advertising service platform: Refers to the advertising platform independently developed and operated by Party B or Party B's affiliated companies and Party B's partners (the specific information is subject to the actual provision of the TikTok Advertise advertising service platform, referred to as the "TikTok Advertise Platform"), which can provide TikTok Advertise advertising services such as traffic procurement, marketing promotion, expense statistics, data query, and material management. Advertisers/service providers can display their advertisements in TikTok Advertise through video advertisements of TikTok Advertise in accordance with the rules of the TikTok Advertise platform. The services provided by Party B through the TikTok Advertise Advertising Service Platform are collectively referred to as "TikTok Advertise Advertising Services". 1.2. Advertiser: Refers to the subject who promotes and promotes products and services to users through the TikTok Advertise advertising service platform, which is Party A in this agreement. 1.3. Traffic master: Refers to the number of times TikTok Advertise users who display advertisements click to watch advertisements, including but not limited to Party B's affiliated companies, Party B's partners and other entities. 1.4. Media: Refers to those operated by TikTok Advertise that provide advertising displays for advertisers. 1.5. Advertising: Refers to the information content designed and produced by advertisers themselves or commissioned by others in accordance with the law to promote their brands or the goods and services they produce or sell, including but not limited to pictures, text, audio and video, flash, etc. 1.6. Promotion target: Refers to the products, services, etc. directly or indirectly promoted by the advertisement, including but not limited to the TikTok Advertise users pointed to by the advertisement. 1.7. Advertising expenses: Refers to the expenses incurred by using TikTok Advertise advertising services. The settlement methods of advertising expenses include but are not limited to CPC (click billing), CPT (time billing) and CPM (thousand advertising display billing), etc., The specific rules of TikTok Advertise platform shall prevail. 1.8. TikTok Advertise Platform rules: Refers to the relevant rules that advertisers need to abide by when using the TikTok Advertise Platform, including but not limited to industry access rules, advertising review norms, violation penalty norms, return/rebate policies and other rules and agreements, rules, and norms related to TikTok Advertise advertising services that may be issued in the future. Relevant content may be reflected in various forms such as website announcements, written documents, notices, and FREQUENTLY asked questions, and advertisers should comply with them.2. Service rules
2.1. Party A shall provide true, legal and valid relevant supporting documents in accordance with the rules of the TikTok Advertise Platform (all documents must be stamped with the official seal or signature of the parties), including but not limited to： (1) Business license and other proof of identity, as well as other production and business qualification documents, etc. (2) Party A's complete, legal and effective contact information, such as email address, telephone number, address, etc. (3) Other necessary supporting documents, including but not limited to product quality inspection certificates, authorization documents, advertising review forms, etc. If the above-mentioned supporting documents are changed, Party A shall notify Party B in writing within 3 working days from the date of the change or make changes in accordance with the rules of TikTok Advertise Platform. 2.2. TikTok Advertise platform rules can be adjusted or revised unilaterally at any time in accordance with the platform's operating arrangements or legal and regulatory requirements, including but not limited to the formulation and adjustment of subject access types (such as natural persons, legal persons, etc.), advertising design standards, advertising review specifications, industry access categories, qualification review scope, return/rebate policies, and collection or exemption of a certain amount or proportion of security deposits for specific industries and circumstances. 2.3. Party A confirms that it accepts and complies with this agreement, and voluntarily applies to Party B to use the TikTok Advertise Platform. Party B does not make any promises about the number of visits, sales, etc. after Party A uses the TikTok Advertise platform. 2.4. The TikTok Advertise platform may involve a variety of platform services. Party A has the right to choose the specific type of TikTok Advertise advertising service according to its own needs, and register the corresponding TikTok Advertise platform account or a separately signed advertising execution form according to the selected service type and abide by its service rules and agreements. Party A understands and agrees. 2.5. Party A shall abide by the provisions of laws and regulations, and shall not commit, including but not limited to, the following acts, nor shall it provide convenience for the following acts： (1) Opposing the basic principles established by the Constitution. (2) Endangering national security, leaking state secrets, and subverting state power. (3) Harming national honor and interests. (4) Inciting ethnic hatred, ethnic discrimination, and destroying national unity. (5) Sabotaging state religious policies and promoting cults and feudal superstitions. (6) Spreading rumors, disturbing social order, and disrupting social stability. (7) Spreading obscenity, pornography, gambling, violence, murder, terror, harassment, vulgarity, or instigating crime. (8) Insulting or slandering others, infringing on the legitimate rights and interests of others. (9) Infringing on the legal rights of others such as intellectual property rights, trade secrets, etc. (10) Fabricating facts or concealing the truth to mislead or deceive others. (11) Carrying out illegal Internet activities such as gaming, gambling games, "private services", and "plug-ins". (12) Other acts that violate public order and good customs or are prohibited by laws and regulations. 2.6. When Party A sets up advertising service requirements on the TikTok Advertise advertising service platform or signs an advertising execution order with Party B, Party A needs to understand that media revisions and upgrades may occur due to the needs of the main traffic business. If this happens, both parties A and B will negotiate amicably to ensure that the revision and upgrade will not affect the advertising release. If there is a mis-broadcast or missed broadcast, or if Party A's advertisement fails to be published on time due to revision or changes in advertising resources, Party B shall compensate Party A for advertising resources of the same value to supplement the publication of advertisements. In addition, Party B shall not assume any responsibility. 2.7. TikTok Advertise Advertising Service platform may provide Party A with big data analysis capabilities. The data used by Party A shall be real data legally collected, obtained or generated by Party A in the normal course of business, and appropriate security measures have been taken (including but not limited to the use of encryption methods), and the data shall have legal ownership and disposal rights, and the right to use the data on the TikTok Advertise advertising service platform. Party A is aware of and promises that the ownership and intellectual property rights of all data generated by Party B's services, such as all data information or aggregated reports formed by all big data analysis services provided by Party B, belong to Party B independently, and Party A can only use it for the purposes of this agreement. For the big data analysis services and results provided by Party B, Party A may not disclose, disclose or provide to third parties in any form. At the same time, under the premise of not violating laws and regulations, Party A shall promptly share the handling methods of data, especially personal information, in this cooperation. If there are any risks caused by the business model of this cooperation, or other major problems that cause changes in the business model, Party A shall promptly provide relevant information to Party B. 2.8. TikTok Advertise Platform may provide Party A with various suggestions, references and examples such as content design, copyrighting, delivery rules, and product selection direction based on its own industry experience (referred to as "reference suggestions"). The reference proposal is a value-added service provided by TikTok Advertise Platform for Party A, and it is only for reference content. It does not mean that Party A can apply it arbitrarily without judgment. Party A shall evaluate whether it is applicable according to its own circumstances and make necessary adjustments to ensure that advertising is legal and in compliance. TikTok Advertise Platform does not provide Party A with any promises and guarantees for the use of reference suggestions, and Party A shall bear any legal consequences caused by the use of the above reference suggestions.3. Party A's rights and obligations
3.1. Party A guarantees that it is an entity established and operated in accordance with laws and regulations, has obtained the necessary business qualifications, has the right and ability to sign and perform this agreement, and all information submitted by Party A (including but not limited to registration information, identity qualifications, business qualifications, authorization documents, etc.) is true, legal and effective, and guarantees that funds from legal sources will be used to pay for advertising expenses. 3.2. Party A has the right to set up or entrust Party B to set up advertising service requirements on the TikTok Advertise platform according to its own needs, including but not limited to self-selection of material specifications, promotion logic, bidding to become a monk, viewing promotion data, statistical data, placing, modifying or removing advertisements, etc. 3.3. Party A's advertisements shall be true, legal, and effective, do not infringe on the legitimate rights and interests of others, and comply with the requirements of the TikTok Advertise Platform Rules. 3.4. The content should be closely related and consistent with the advertisement, and the actual displayed content should be consistent with the content submitted during the review. 3.5. Party A shall use the TikTok Advertise Platform rationally in accordance with the law, and shall not commit any acts that endanger the security of the TikTok Advertise platform or harm the rights and interests of the platform.4. Rights and obligations of Party B
4.1 If the advertisement is investigated by the competent authority or complained by a third party (including but not limited to users, rights holders, etc., the same below), or Party A has violated laws and regulations, Party B has the right to make its own independent judgment based on the understanding of ordinary people to determine whether Party A has violated the law. If Party B judges that Party A has violated the law or violated the provisions of this agreement, Party B has the right to unilaterally terminate the cooperation with Party A at any time. 4.2 In order to provide Party A with better services and continuously improve the level of TikTok Advertise advertising services, Party B has the right to organize and analyze the information (including but not limited to click-through rates, etc.) generated during Party A's use of TikTok Advertise advertising services, and use the aforementioned collation and analysis results for TikTok Advertise advertising services, including but not limited to, for subsequent provision of continuous and better services to Party A, industry analysis and user research based on information, or more appropriate advertisements to relevant users. 4.3 Party B has the right to transfer all or part of the rights and obligations in this agreement to Party B's affiliated companies according to business needs, provided that Party A must be notified 30 working days in advance. 4.4 Party B has the right to send Party A information related to TikTok Advertise advertising services, including but not limited to marketing activities, discounts, new service types, advertisements, etc., by one or more of SMS, instant messaging messages (such as WhatsApp, telegram, etc.), e-mail, etc. 4.5 The total liability of Party B for the cooperation under this agreement shall not exceed the total amount of the current advertising fee corresponding to the breach of contract service, and shall not be liable for any losses related to or caused by the cooperation under this agreement.5. Settlement of expenses
5.1 Advertising fees (1) Advertising fees are calculated in United states “₹”. TikTok Advertise advertising services use prepaid methods, unless otherwise agreed by both parties. Party A pays the advertising fee agreed in the advertising execution order to the TikTok Advertise platform in advance, otherwise, it will affect the delivery of the advertisement. (2) Any data related to the use of TikTok Advertise advertising services, including but not limited to the number of advertisements, clicks, impressions and other data, as well as the binding time, unbinding time, and consumption data during the binding period between the service provider and the sub-customer, are subject to Party B's background statistics. (3) The effect of video advertising is subject to the effect data provided by Party B, or the effect data of an independent third-party advertising effect data monitoring company confirmed by Party A and certified by Party B shall prevail. If the effect data of the above-mentioned third-party advertising effect data monitoring company shall prevail, Party A shall provide Party B with third-party effect monitoring data within one working day after each advertisement is placed. At the same time, Party B has the right to request Party A to provide the latest third-party effect monitoring data at any time during the advertising period. Party A must provide Party B with the latest third-party effect monitoring data within one working day after receiving Party B's request. If Party A fails to provide Party B with third-party effect monitoring data at the agreed time, the effect data of CPM-type advertisements described in this clause is still subject to the data provided by Party B. 5.2. Refund If Party A has the remaining cash in the TikTok Advertise Platform business account, Party A may apply for a refund of the remaining cash in the TikTok Advertise Platform account.6. Force major and exemption from liability
6.1. A party that is unable to perform or cannot fully perform this agreement due to force major shall not be liable for breach of contract. However, in the event of a force major event, one party shall immediately notify the other party in writing of the event and shall present a valid certificate within 5 working days. According to the degree of impact of the incident on the performance of the agreement, the two parties will negotiate and decide whether to continue to perform this agreement or terminate the agreement. 6.2 In view of the special nature of the Internet, Party B's exemption from liability also includes, but is not limited to, any of the following circumstances that affect the normal operation of the TikTok Advertise Platform： (1) Hacker attack, computer virus intrusion or attack. (2) The computer system is damaged, paralyzed or unable to be used normally, causing Party B to fail to perform the agreement in accordance with the contract. (3) The impact of the failure or adjustment of the basic operator or the competent department. (4) Temporary closures, service adjustments, etc. caused by government control. (5) Caused by the promulgation, adjustment, or change of national laws, regulations, or policies. (6) Due to Party A's reasons (including but not limited to operational errors, system failures, etc.). (7) Other reasons that are not caused by Party B's fault, etc.7. Supplementary provisions
7.1. The content of this agreement includes the text of the agreement and all the various TikTok Advertise Platform rules that have been published or may be published in the future related to the TikTok Advertise Platform. The above content is an integral part of this agreement and has the same legal effect as the text of this agreement. Party A shall abide by it when using the services of the TikTok Advertise Platform. 7.2. This agreement will take effect after Party A clicks "Agree" or "Next" on the TikTok Advertise platform. 7.3. If the validity period of this agreement is inconsistent with the validity period of Party A's use of TikTok Advertise Advertising services, the validity period of this agreement automatically covers the entire period of Party A's use of TikTok Advertise advertising services. Unless otherwise agreed by both parties or a similar agreement is re-signed, this agreement will continue to be valid during Party A's use of TikTok Advertise advertising services. 7.4. If any provision of this agreement is deemed invalid or unenforceable, except for the above-mentioned provisions that can be separated, the remaining provisions will still have legal effect. 7.5. This agreement shall apply from August 3, 2018.
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