1. Definitions

• “Aemeralds” refers to the rights holder and provider of the audio tracks.

• “User” refers to any individual or entity who makes use of the Songs as permitted under these Terms.

• “Songs” refers to the audio tracks provided by Aemeralds and made available in the official TikTok and Instagram sound libraries.

2. Grant of Use

The Songs may be used by the User free of charge for the purpose of content creation on TikTok and Instagram.

3. Official Audio Requirement

The User must use the official audio versions of the Songs available in the respective TikTok and Instagram sound libraries.

4. Attribution

No attribution to Aemeralds is required when using the Songs.

5. Restrictions

• No edits, modifications, or alterations of the Songs are permitted, except for shortening/trimming.

• The Songs may not be redistributed, sublicensed, or resold.

• Use of the Songs outside of TikTok or Instagram is not permitted without prior written consent from Aemeralds.

• The Songs may not be used in paid advertising campaigns managed through the Meta Ads Manager or TikTok Ads Manager (including boosted posts and similar campaign types), unless a separate written license has been granted by Aemeralds.

  • For the avoidance of doubt, organic posts, influencer collaborations, brand partnerships, affiliate content, and product placements are permitted under this license, provided they are not distributed as paid campaigns through the above-mentioned ad managers.

6. Disclaimer of Liability

Aemeralds accepts no liability for any damages, losses, or claims arising from the use of the Songs, including but not limited to copyright claims, platform restrictions, or third-party actions. The User assumes full responsibility for their use of the Songs.

7. No Partnership

The use of the Songs does not create any business relationship, partnership, agency, or joint venture between Aemeralds and the User.

8. Data Protection

All data processing shall be carried out in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR). No personal data will be shared with third parties without a legal basis or the User’s consent.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Berlin, Germany.

10. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Acceptance

By using the Songs, the User confirms that they have read, understood, and agreed to these Terms & Conditions.