TokElements

Legal

Terms of Service

Effective 2 September 2026 · Last updated 11 October 2026

TokElements provides live overlays for TikTok LIVE creators. These Terms are the agreement between you and us for using the website, the studio and the overlays (together, the Service). Creating an account or loading an overlay means you accept them. If you do not accept them, please do not use the Service.

1. What the Service does

TokElements turns activity from your TikTok LIVE broadcast into visuals you can add to your streaming software. You link the public username of the TikTok account you go live with, and we give you a private overlay URL that you add to OBS or a similar tool as a browser source. Gifts, likes, follows, shares, subscriptions and chat messages that occur during your broadcast can then drive widgets: alerts, leaderboards, goals, counters, games and anything you build yourself in our widget editor.

The Service also includes a loyalty points system for your viewers, stream analytics, an asset library for your own images and sounds, optional music integrations, and interfaces that let external software or an AI assistant manage your widgets on your behalf.

2. Eligibility and your account

You must be at least 16 years old to hold an account, and old enough under the rules of your own country and of TikTok to run a live broadcast and to receive gifts. If you use the Service on behalf of a company, you confirm that you may enter into this agreement for it.

Keep your login details to yourself and keep your overlay URL private: anyone holding that URL can display your overlay. You are responsible for everything that happens under your account. Tell us promptly if you believe someone else has gained access.

You may hold more than one account, for example to keep separate channels apart. You may not use additional accounts to get around usage limits, a suspension, a ban, or any restriction we have applied to you.

3. We are independent of TikTok

TokElements is not affiliated with, endorsed by, sponsored by or otherwise connected to TikTok or ByteDance. TikTok is a trademark of its owner and we use the name only to describe what our Service works with.

To read what happens in your broadcast we rely on public interfaces of the TikTok live platform that TikTok does not publish or support for this purpose. That has two consequences you should understand before you rely on the Service:

  • TikTok can change or restrict those interfaces at any time, without notice. When that happens, parts of the Service may degrade or stop working until we adapt, and sometimes we may not be able to adapt at all.
  • Data we display, including gift values, viewer counts and event history, may be incomplete, delayed or wrong. Do not treat it as an authoritative record. For anything that matters, check TikTok itself.

Your use of TikTok remains governed by your agreement with TikTok. You are responsible for staying within their rules.

4. Availability and changes to the Service

We work to keep the Service running, but we do not promise that it will be available without interruption or free of faults. We may carry out maintenance, change how features work, add features or remove them. If we discontinue a feature you are paying for, and no comparable replacement is offered, you may cancel and we will refund the unused part of your current billing period.

5. Widgets and content you create

Widgets you build, along with images, sounds and text you upload, remain yours. We claim no ownership. To operate the Service we need permission to store your content, to process it and to display it on your overlay and in your studio; you grant us a non-exclusive licence for those purposes only, lasting as long as you keep the content in your account.

You are responsible for what you upload. Only upload material you have the rights to use, including music, sound effects, images and fonts. Rights to a file are not implied by it being available online.

Widgets run your own HTML, CSS and JavaScript inside a sandboxed frame. You must not attempt to break out of that sandbox, reach other users' data, disrupt our infrastructure, mine cryptocurrency, or use widget code to attack anyone. We may inspect, disable or remove widget code that endangers the Service or other users.

6. Publishing widgets to the community

You can choose to publish a widget so that other users can install an editable copy. Doing so is voluntary and you can withdraw it at any time. While it is published, you grant other users a licence to install, use and modify their copy for their own streams. Withdrawing a widget stops new installs but does not reach copies already installed by others.

Only publish widgets whose content you are entitled to share. Do not publish widgets that contain credentials, personal data, or code that behaves differently from what its description says.

7. Acceptable use

You agree not to use the Service to:

  • break the law, or infringe anyone's intellectual property, privacy or personality rights;
  • display content that is hateful, harassing, sexually explicit involving minors, or that incites violence;
  • impersonate another person or falsely suggest a connection with a brand or with us;
  • fabricate stream activity in order to deceive viewers about real gifts, donations or support;
  • probe, scan, overload or otherwise interfere with our systems, or bypass rate limits, authentication or quotas;
  • resell, sublicense or white-label the Service without our written agreement;
  • scrape or bulk-collect data about other users or their viewers.

8. Your viewers and their data

When you are live, the Service receives information about the people interacting with your broadcast, such as their TikTok display name, their profile picture and what they sent. We process that on your instruction so that your overlay, your points system and your analytics can work.

In relation to that viewer data you are the controller and we act for you. You are responsible for having a lawful basis for it, for telling your viewers what you do with it where the law requires, and for honouring requests they make to you. You must not use the Service to build profiles of viewers for purposes unrelated to your stream, or to expose viewer data to third parties. Our Privacy Policy explains what we store and for how long.

9. Access by external software and AI assistants

You can issue tokens that let external software, or an AI assistant, create and manage widgets in your account. Anything done with a token you issued counts as done by you. Treat tokens like passwords, give out only the permissions that are needed, and revoke tokens you no longer use. We are not responsible for what a tool you connected does with the access you granted it.

10. Music integrations

Connecting a music service — Spotify or SoundCloud — is optional and exists so that a widget can show what you are playing and so that viewers can request songs. It works through a userscript you install in your own browser, for example with Tampermonkey. The script reads the web player you are logged into and carries out song requests there; we never hold your login for either service and our servers do not talk to them on your behalf.

That means the integration only works while that browser is open and the script is running, and it is not a service we can guarantee: a change on the music service's side can break it, and some functions need a plan that allows them — queueing a track on Spotify needs Premium, for instance. You install and run the script yourself, so keeping it up to date and deciding whether to trust it is your call. Your use of Spotify or SoundCloud stays governed by your agreement with them, and we are not affiliated with either.

11. Paid plans, billing and taxes

Parts of the Service may be offered free of charge and others on a paid plan. The features and the price of each plan are shown at the point of purchase, and that page forms part of these Terms.

Payments are handled by our payment provider, Creem, which acts as the merchant of record and sells the subscription to you on our behalf. Their terms and privacy notice apply to the payment itself, and your invoice will be issued by them. We never see or store your full card details.

A paid plan renews automatically for further periods of the same length until it is cancelled, and is charged in advance to the payment method you provided. Prices are stated including or excluding tax as shown at checkout; where sales tax, VAT or an equivalent is due, the payment provider adds and remits it based on where you are.

If a payment fails we may retry it and may suspend paid features until it succeeds. We may change prices for future billing periods; we will tell you at least 30 days in advance by email, and you may cancel before the change takes effect.

Discount codes. A discount code gives the reduction stated with it, for the period stated with it, and only while the code is active. Codes cannot be exchanged for cash, combined with one another, or applied to a payment made before the code was used.

Agency codes. A TikTok LIVE agency taking part in our agency program receives a personal code that gives the creators it manages a reduction on each charge of their paid plan, for as long as that plan runs without interruption. An agency code is issued only for the creators the agency manages. The agency must share it with them directly and must not publish it or pass it on to anyone else, for example on social media, in a live stream, on a website or on a coupon or deal site. Creators must not pass on a code they received from their agency. We may limit how often a code can be used, and we may deactivate a code that has been shared in breach of this paragraph, which ends the agency's participation in the program; a deactivated code can no longer be used at checkout. Where a code was used by someone it was not issued for, we may end the reduction on that subscription from its next renewal, after telling the subscriber by email at least 14 days in advance; the subscriber may cancel before then.

12. Cancellation

You can cancel a paid plan at any time from your account settings. Cancellation stops the next renewal; your plan stays active until the end of the period you have already paid for, and you keep access until then. We do not pro-rate a period you have started, except in the case described in section 4.

Cancelling a plan does not delete your account. If you want your account and data removed, see the Privacy Policy or write to us.

13. Refunds

First subscription. If you are unhappy with your first paid subscription, write to us within 7 days of that first charge and we will refund it. You do not need to give a reason. This applies once per customer.

Renewals and later charges. Renewals, later billing periods, plan changes and re-subscriptions after a cancellation are not covered by that goodwill refund. Each of those charges is for a period you chose to continue into, and it is your responsibility to cancel before a renewal if you no longer want the plan. Forgetting to cancel, or not streaming during a period, is not by itself a ground for a refund.

When we do refund beyond that. We refund where the law requires it, and we will act fairly where a charge was clearly wrong: a duplicate charge, a charge after a valid cancellation, or a paid feature that was unavailable for a substantial part of a period for reasons within our control. Write to us and we will look at it.

Nothing in this section limits rights you have as a consumer under mandatory law, including the withdrawal right described next.

14. Right of withdrawal for consumers in the EU

If you are a consumer in the European Union, you normally have 14 days to withdraw from a distance contract without giving a reason. To withdraw, tell us clearly, for example by email to [email protected].

Because a subscription is a digital service that starts straight away, we ask at checkout for your express request that we begin performance immediately, and for your acknowledgement that you lose the withdrawal right once the service has been fully performed. If you withdraw while the service is still running, you owe a proportionate amount for what you used up to that point. Where you have not given that consent, we begin performance only after the withdrawal period ends.

15. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate an account that breaches these Terms, that puts the Service or other users at risk, or where we are required to by law. Where the circumstances allow it we will warn you first and give you a chance to put things right; for serious cases, in particular illegal content, attacks on our systems or evading a ban, we may act immediately.

If we terminate your account without you being at fault, we refund the unused part of any period you have paid for. After termination, your overlays stop working and your content is deleted on the schedule set out in the Privacy Policy.

16. No warranty

The Service is provided as it is and as available. To the extent the law allows, we make no promises that it will meet your requirements, that it will run without interruption or error, or that data shown will be accurate or complete. In particular, we give no assurance about the continued availability of TikTok's interfaces, as described in section 3. This does not affect any mandatory statutory rights you have as a consumer.

17. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue from a stream, missed gifts or donations, lost data or loss of reputation, even if we were told such damage was possible.

Our total liability for all claims relating to the Service in any twelve-month period is limited to the greater of the amount you paid us in that period, or fifty US dollars. Where you use the Service on a free plan, that limit is fifty US dollars.

We are not liable for interruptions caused by TikTok, by your streaming software, or by your own network, and we do not take responsibility for keeping your only copy of anything: please keep your own copies of widget code that matters to you.

Nothing here limits liability that cannot be limited by law, including liability for fraud, for wilful misconduct, or for death or personal injury caused by negligence. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of this section may not apply to you, and your mandatory rights as a consumer are unaffected.

18. Your responsibility towards us

If a third party brings a claim against us because of content you displayed, code you published, or a breach of these Terms by you, you will cover the reasonable costs of defending it, unless you are not responsible for the breach. We will tell you about such a claim promptly and will not settle it without talking to you.

19. Changes to these Terms

We may change these Terms, for example when the Service changes or the law does. For changes that disadvantage you we will give at least 30 days' notice by email or in the studio, and the change takes effect unless you object or cancel before the date given. Minor changes that do not affect your rights, such as corrections and clarifications, take effect when posted. The date at the top always shows the current version.

20. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules, and the UN Convention on Contracts for the International Sale of Goods does not apply. The state and federal courts located in Wyoming have jurisdiction, and you and we consent to that venue.

If you are a consumer outside the United States, this does not take away the protection of mandatory provisions of the law of the country where you live, and you may bring proceedings in the courts of that country. Consumers in the European Union can also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

Before filing a claim, please write to us so we can try to resolve it directly. If any part of these Terms turns out to be unenforceable, the rest stays in force.

21. Who you are contracting with, and how to reach us

TokElements is operated by SMART CREATOR AI LLC, a limited liability company formed in Wyoming, United States, which is your counterparty under these Terms. We will provide our postal address on request.

Questions about these Terms, cancellations and refund requests all go to [email protected]. We aim to reply within a few working days.