“under no circumstance will TikTok USDS Joint Venture...be liable...for any punitive, consequential, incidental, exemplary or special damages...or any damages based on lost profits...”
This analysis describes what TikTok's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Excluding these damage categories means users cannot recover the types of damages that are often the most significant in harm cases, substantially limiting the practical value of any legal claim.
The updated terms restrict platform access for users under 14 in Florida, narrowing the age group that can use the full Platform to those 14 and older in that state. Users under 14 in Florida must use the separate Under 13 Experience, which limits data collection and includes additional safety protections. Additionally, the revised liability exemptions now explicitly state that TikTok is not liable for suspension or termination of accounts, meaning users cannot seek damages for account loss under the terms of service.
View change record →Users cannot recover punitive, consequential, incidental, exemplary, special, or lost-profits damages from TikTok regardless of the circumstances.
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"under no circumstance will TikTok USDS Joint Venture...be liable...for any punitive, consequential, incidental, exemplary or special damages...or any damages based on lost profits...Excerpt from TikTok's Terms of Service
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Excluding these damage categories means users cannot recover the types of damages that are often the most significant in harm cases, substantially limiting the practical value of any legal claim.
Users cannot recover punitive, consequential, incidental, exemplary, special, or lost-profits damages from TikTok regardless of the circumstances.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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