Any content created or uploaded to CapCut’s servers is considered non-confidential, meaning that they can use it (almost) any way they want, according to ”marketing4ecommerce.net” .
The popular video editing application owned by ByteDance – the company behind TikTok -updated its terms and conditions on June 12, 2025.
The primary concern revolves around a clause that allows CapCut to freely use videos uploaded by users, even for commercial purposes.
In its new legal text, the platform establishes that any content created or uploaded to its servers is considered non-confidential, and by using the service, the user grants an irrevocable, worldwide, royalty-free, transferable, and sublicensable license for the company and its partners to use that material. This license also includes authorization to use the creator’s username, image, and voice for identification purposes, including in sponsored content.
Although such clauses are not entirely uncommon in digital environments from a legal standpoint, they typically do not generate controversy when they are clearly limited in scope—for instance, to enable the proper functioning of the tool or to allow other users to preview content. However, CapCut’s new terms do not specify whether this use could extend to marketing campaigns, advertisements, or other explicitly commercial formats. It is precisely this ambiguity that has triggered concern.
Moreover, the app is allowed to remove any of your content anytime they want, without telling you and, of course, without asking. “We have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content that we consider violating these Terms (…), or in response to complaints from other users or third parties, with or without notice and without any liability to you” as they said in ther new terms of privacy.
Even more troubling is the scenario in which the uploaded video contains copyright-protected material, such as segments of commercial songs, third-party images, or even unlicensed downloaded templates.
In such cases, CapCut completely distances itself from any legal responsibility, shifting the entire burden to the content creator. The document is explicit: “the user declares ownership of all rights to the content they publish, and in the event of a claim, they must indemnify the company for any resulting damages”.
In practice, this means that if CapCut were to use a video in a promotional campaign and that video includes unauthorized music, the lawsuit would not be directed at the platform, but rather directly at the original creator.
This legal framework creates significant tension between functionality and trust. On one hand, CapCut offers a powerful, intuitive, and free tool that has democratized video editing. On the other, it demands such a broad transfer of rights that it allows the company to use the content without needing to consult or compensate those who create it.
The situation becomes particularly sensitive in cases involving minors or creators who upload material of an intimate, emotional, or personal nature, without imagining that such content could be reused in entirely different contexts.
Many users have begun to question whether it is safe to continue editing with CapCut, while others have chosen to delete their accounts altogether.
Does this affect all the countries?
Yes, CapCut’s new terms apply globally to all users who use the tool, regardless of the country from which they access it.
Although the document includes some region-specific clauses – such as United States, European Union, Brazil, Mexico or Japan – these differences do not alter the essential point: any user who uploads content to CapCut grants the company a broad, free and irrevocable license to use it, even for commercial purposes.
How CapCut’s new terms affects European users
The EU-specific section mentions that the company is committed to processing it in accordance with the GDPR, which implies certain fundamental rights:
- Right to access, correct or delete your data.
- Right to portability.
- Right to withdraw consent at any time.
- The right to oppose the processing of your data, including for commercial purposes.
However, it should be noted: these rights apply to your personal data, but not necessarily to the content you upload (such as videos), as these are covered by the transfer of rights described in the main document.
How CapCut’s new terms affects American users
For U.S. users, CapCut introduces two key aspects:
- Binding arbitration agreement: Any dispute between the user and the company must be resolved by individual arbitration, which means that you waive the right to take the case to a public court. This arbitration takes place in New York or wherever the user resides, but in any case outside the regular court system.
- Class action waiver: By agreeing to the Terms, you expressly waive your right to participate in any class action lawsuit. That is, if CapCut engages in an abusive practice, you may not legally join with other users to sue together.
Recommendations
In light of these changes, the most prudent action for any user who values their content, image, and privacy is to carefully read the terms of use, critically assess the tools they employ, and, if necessary, seek alternatives with more transparent or restrictive policies.
Uploading a video to the cloud is not merely about sharing a story—it may also mean, unknowingly, relinquishing rights over it.
Read the full art. on ”marketing4ecommerce.net” .
Related art.:
– Popular video editing app CapCut wants to use any content you produce for free, forever – here’s what you should know – ”techradar.com”
