TOS Genie

Instagram vs TikTok: whose terms are worse?

TikTok has the better terms. Instagram scores 63/100 (grade D) and TikTok scores 62/100 (grade D). Lower is better.

QuestionInstagramTikTok
Can I sue them? Not found in this document. medium

You agree to defend and indemnify TikTok against any claims or damages arising from your use of the Platform.

Do they sell my data? high

Instagram uses your personal data to show you ads that are more relevant to you. They don't sell your personal data, but they do use it to help advertisers understand their audience.

Not found in this document.
Do they own what I post? medium

When you post content on Instagram, you grant them a non-exclusive, royalty-free, transferable license to use it. This means they can use, distribute, and display your content without paying you.

medium

When you create content on TikTok, you grant them a license to use it. This license is non-exclusive, irrevocable, and royalty-free.

How long do I have to act? Not found in this document. high

If you have a dispute with TikTok, you must try to resolve it informally first, and you must do so within 1 year of the event.

Can they change the deal? medium

Instagram can change their Terms of Use at any time, and if you continue to use the service, you'll be bound by the updated terms.

medium

TikTok can change these Terms at any time. If you don't like the changes, you can stop using the Platform.

What if they cause harm? high

If Instagram's service causes you any financial losses, the most you can get back is what you paid them in the last month. They also don't guarantee their service will be safe and secure or work perfectly all the time.

high

TikTok doesn't guarantee the Platform will work perfectly or be safe. If something goes wrong, the most you can get back is what you paid them in the last 12 months.

Can they close my account? high

If you don't agree to the updated Terms, you can delete your account. If your account is terminated, Instagram will delete your content within 90 days, but it may take longer in some cases.

high

TikTok can ban or suspend your account at any time if you break the rules or for other reasons.

How closely am I tracked? high

Instagram collects and uses your information to provide their service and show you ads. You can control your information in the Instagram Privacy and Security Settings.

medium

TikTok can show you customized ads based on your information and activity on the Platform.

How long do they keep it? medium

After you delete your account or content, it may take up to 90 days for Instagram to completely remove it from their systems.

medium

TikTok can use your information to customize ads and improve the Platform. They may also share your information with third parties.

Whose courts decide? high

Any disputes with Instagram will be handled according to California law, and you may need to resolve them in a California court.

medium

Any disputes will be resolved under California law, and you agree to the jurisdiction of California courts.

Who is allowed to use it? medium

You must be at least 13 years old to use Instagram. If you're under 13, you can't create an account.

high

If you're under 13, you can't use TikTok unless you use the Under 13 Experience. If you're under 18, some features might be restricted.

Generated by AI and it can be wrong. Instagram last read September 15, 2026; TikTok last read August 27, 2026. Grades follow the published methodology.