“You agree to defend, indemnify, and hold harmless TikTok USDS Joint Venture and our affiliates...from any and all claims, demands, damages...arising out of or relating to your use of the Platform...”
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
This provision shifts financial and legal risk for Platform-related claims from TikTok to the user, potentially exposing users to significant costs from third-party or first-party claims.
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 are required to bear the cost of defending TikTok and its affiliates against any claims, demands, or damages connected to their use of the Platform.
How other platforms handle this
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"You agree to defend, indemnify, and hold harmless TikTok USDS Joint Venture and our affiliates...from any and all claims, demands, damages...arising out of or relating to your use of the Platform...Excerpt from TikTok's Terms of Service
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This provision shifts financial and legal risk for Platform-related claims from TikTok to the user, potentially exposing users to significant costs from third-party or first-party claims.
Users are required to bear the cost of defending TikTok and its affiliates against any claims, demands, or damages connected to their use of the Platform.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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