After multiple clients reached out last week concerned about a viral video claiming users could go to jail under CapCut’s new Terms of Service, I wanted to alleviate fears, while also mapping out exactly what you need to know about the new Terms and when you should avoid CapCut altogether in your social media management business or agency.
Prefer to watch versus read? Here’s a quick video rundown of the new CapCut Terms and why they’re so problematic. Make sure not to skip my practical tips for using CapCut more safely and final thoughts for social media managers, below!
Klarna Now Available for Trademarks and Contract Templates
We’ve always offered payment plans, but now, with Klarna, you’ll be able to extend and pay over 4 to 24 months, depending on what you qualify for. This allows more flexibility for businesses who need extra time to protect themselves legally.
For contracts:
Just choose the Klarna option at checkout. Once you go through Klarna, it will bring you back to my checkout where you can download your contracts. You’ll also get an optional email sequence from me with step-by-step video instructions.
For trademarks:
Book through the Trademarks page. Detailed Klarna instructions are in the Trademarks FAQ. If you need multiple trademarks, reach out directly — I discount all trademarks after the first and can roll them into a payment plan.
What CapCut’s New Terms of Service Actually Say
First, no one is going to jail. The viral video was clickbait. These are civil, not criminal issues.
That said, CapCut’s new Terms are broad and invasive. If you use CapCut personally or professionally, you need to understand the licensing implications-especially if you run a social media agency or manage content for clients.
Key points:
- By uploading content-even drafts-or creating inside CapCut, you grant CapCut a perpetual, royalty-free, worldwide license to modify, distribute, or sublicense that content.
- This means that CapCut can use that content without permission, credit, or payment, forever, worldwide…even if you delete the content or the app.
- This includes use of your voice, likeness, and branding.
While this sounds extreme, it’s not entirely unique. Instagram and TikTok also require broad licenses-but theirs only apply to publicly posted content. CapCut’s terms apply the moment you upload, even if you never share the content you upload to the app.
Should You Stop Using CapCut?
It depends.
If you’re using CapCut for your own content, the privacy invasion is annoying, but the risk isn’t high. But for social media managers or agencies, the stakes are much greater-especially if you’re:
- Managing confidential or pre-launch content
- Working with large brands
- Handling white-label or exclusive campaigns
- Operating under NDAs
- Using CapCut as cloud storage for drafts and/or published content
Ask yourself:
Would I be okay with this content being used in an ad by CapCut? Would my client?
The odds are low, but the consequences-especially when your clients’ work and accounts are involved-can be very significant.
Practical Tips for Using CapCut More Safely
As much as I’d love to advise everyone to avoid CapCut and other platforms requiring broad licenses altogether, I know that’s unrealistic. So, what I recommend instead:
- Only upload final, public-facing content
- Avoid using CapCut for sensitive, branded, or confidential material
- Use offline editors for protected or exclusive work
- Export content locally before uploading to CapCut
- Don’t rely on CapCut for cloud storage
- Update your client contracts to disclose use of third-party tools where appropriate.
For Agencies and Social Media Managers Using My Contract Templates
If you have my Social Media Management Client Services Agreement, you should have already received a disclosure clause via email covering programs like CapCut. If you’re new here and need a comprehensive Social Media Management contract for your client work, the disclosure language is already embedded in the contract!
Final Thoughts
In my opinion, terms like these from CapCut are part of a larger trend toward platforms monetizing user content however they can. Staying aware and transparent with your clients helps you stay ahead of the risk.
Questions? Reach out anytime-I’m happy to help.