TikTok · TikTok Terms of Service

Limitation of Liability

High severity
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What it is

Even if TikTok causes you significant harm, the most it will ever pay you in damages is $100 — or whatever you paid TikTok in the past year — and it will never pay for indirect losses like lost income or emotional distress.

Consumer impact (what this means for users)

If TikTok's actions cause you real financial harm — such as a data breach exposing your personal information or unauthorized use of your content — you are contractually limited to recovering no more than $100, making this provision one of the most significant restrictions on your legal rights in the entire document.

Cross-platform context

See how other platforms handle Limitation of Liability and similar clauses.

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Why it matters (compliance & risk perspective)

This cap means that no matter how seriously TikTok violates your rights — including misusing your data or content — your financial recovery is capped at $100 in most cases, making individual litigation practically pointless.

View original clause language
To the maximum extent permitted by law, TikTok USDS Joint Venture (and its affiliates, service providers, and business partners) will not be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to your use of the Platform or these Terms, even if we have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, TikTok USDS Joint Venture's total aggregate liability to you for any claims arising from or relating to these Terms or your use of the Platform will not exceed the greater of $100 USD or the amount you have paid to TikTok USDS Joint Venture in the last 12 months.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Liability caps in consumer contracts are subject to unconscionability doctrine under state contract law (Cal. Civ. Code § 1670.5; UCC § 2-302) and may be unenforceable where they are procedurally or substantively unconscionable. State consumer protection statutes (CLRA, Cal. Civ. Code § 1751; N.Y. GBL § 349-a) may void limitation of liability clauses in consumer contexts. CCPA §1798.150 provides a statutory damages right ($100-$750 per consumer per incident) for data breaches that cannot be contractually waived. FTC Act Section 5 enforcement does not depend on contractual liability caps. BIPA (740 ILCS 14/20) provides statutory damages of $1,000-$5,000 per violation that cannot be limited by contract. (2)

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Applicable agencies

  • FTC
    The FTC has authority to challenge liability caps that, in combination with arbitration clauses and class action waivers, effectively eliminate consumer remedies as unfair practices under Section 5.
    File a complaint →
  • State AG
    State Attorneys General in California, Illinois, and New York have authority to challenge $100 liability caps as unconscionable or contrary to non-waivable statutory damages rights under CCPA and BIPA.
    File a complaint →

Provision details

Document information
Document
TikTok Terms of Service
Entity
TikTok
Document last updated
April 29, 2026
Tracking information
First tracked
March 6, 2026
Last verified
April 27, 2026
Record ID
CA-P-003262
Document ID
CA-D-00032
Evidence Provenance
Source URL
Wayback Machine
SHA-256
d3539721aabef48180e1d19544aec3d5ebb50fb5a6fa66c261148d6a86e4976d
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: TikTok | Document: TikTok Terms of Service | Record: CA-P-003262
Captured: 2026-03-06 20:11:40 UTC | SHA-256: d3539721aabef481…
URL: https://conductatlas.com/platform/tiktok/tiktok-terms-of-service/limitation-of-liability/
Accessed: April 29, 2026
Classification
Severity
High
Categories

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