CapCut is a prime example of the transformation of digital content creation, boasting over 800 million monthly active users globally by the end of 2024, according to recent reports. However, despite the creative opportunities it offers, its complex terms of service conceal sensitive issues related to privacy, intellectual property, and digital sovereignty.
In this context, the app's latest terms of service update has sparked widespread controversy after the company granted itself comprehensive, permanent, and "free-of-charge" rights to user-uploaded content, including facial features, voice tone, and even unpublished material stored locally on users' devices.
What do CapCut's new terms mean?
Concerns center on a clause granting CapCut unrestricted use of user-uploaded videos, including for commercial purposes. However, a review of the terms, which have been in place since 2023 and have not been updated since, reveals that this clause remains unchanged.
However, the updated legal language clearly states that any content created or uploaded to the company's servers is considered "non-confidential," and that using the service automatically grants the company and its partners an irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use that content.
This license also includes the use of the username, image, and audio for identifying purposes, including in promotional or sponsored content.
Although such clauses are relatively common in the digital environment for legal or operational reasons, what is controversial in the case of "CapCat" is the ambiguity of the wording and the lack of clear boundaries for this use, whether inside or outside the platform, including advertising campaigns or direct commercial marketing.
In addition, there is a clause granting the application the right, without obligation, to delete or block any user content at any time, with or without notice and without incurring any legal liability.
What is the legal responsibility of a CapCat user?
One of the most concerning aspects of CapCat's terms of service pertains to legal liability in cases where uploaded content includes copyrighted material, such as commercial music tracks, third-party images, or unlicensed templates.
In such scenarios, the company completely disclaims any legal responsibility, placing the burden on the content creator. The terms state that "the user acknowledges full ownership of all rights related to the content they publish, and in the event of any legal claim, they must indemnify the company."
Therefore, if a video is used in a promotional campaign and is later found to contain unlicensed material, the legal responsibility lies with the user, not the company. This framework creates a clear tension between the tool's ease of use, its free access, and its role in democratizing video editing, and the extensive rights concessions it imposes without consultation or compensation.
Reactions and Warnings
The new terms sparked widespread reactions on social media, particularly among content creators, many of whom expressed concern about continuing to use CapCat.
While some simply issued warnings, others resorted to deleting their accounts entirely. However, deleting an account or content does not revoke the license granted to the application, allowing the company to continue using the previous content under its terms.
CapCat's new terms apply globally to all users. Although there are specific clauses for certain regions, such as the United States, the European Union, Brazil, Mexico, and Japan, they do not alter the fundamental principle that any user grants the company a permanent, free, and worldwide license to use their content, including for commercial purposes.
In Europe, the EU-specific terms stipulate compliance with the General Data Protection Regulation (GDPR), which guarantees rights such as access to data, its correction or deletion, its transfer, the withdrawal of consent, and the right to object to its processing for marketing purposes.
However, these rights apply only to personal data and do not necessarily extend to the creative content itself, such as videos or images, which is subject to the transfer of rights clauses in the User Agreement.
In the United States, the terms include two main provisions: binding arbitration for resolving disputes instead of resorting to civil courts, and a waiver of the right to join class-action lawsuits. Under these provisions, even in cases of potential harmful practices or violations, users may not be legally able to sue the company in a class-action lawsuit.
