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Terms of Service

Terms of Service

Last updated: May 1, 2026 · Effective: May 1, 2026

1. Acceptance of Terms

By accessing or using FiveBatch ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms apply to all users, including those who subscribe to paid plans ("Subscribers") and those exploring a free trial.

2. Description of Service

FiveBatch is an AI-powered marketing platform that: Analyzes your brand to build a Brand DNA profile Generates content (text, captions, scripts, ad copy) based on your brand Schedules and publishes content to connected social media accounts Tracks performance and trend intelligence The Service is provided "as is" and we reserve the right to modify features at any time.

3. Account Registration

You must create an account to use FiveBatch. You agree to: Provide accurate, current, and complete information Maintain the security of your password Notify us immediately of any unauthorized account access Accept responsibility for all activity under your account You must be at least 16 years old to use the Service. If you are using the Service on behalf of a company, you represent that you have authority to bind that company to these Terms.

4. Subscriptions and Payments

Billing: Subscription fees are billed in advance on a monthly or annual basis. All fees are in USD and non-refundable except as stated in our Refund Policy. Changes: We may change subscription fees with 30 days' notice. Continued use after the notice period constitutes acceptance. Failed payments: If payment fails, we'll retry for 7 days. After that, your account may be downgraded or suspended. Taxes: Prices exclude applicable taxes. You're responsible for taxes in your jurisdiction.

5. Content and Intellectual Property

Your content: You retain all rights to content you upload (logos, assets, brand materials). You grant FiveBatch a limited license to process your content solely to provide the Service. AI-generated content: Content generated by our AI on your behalf becomes your property upon creation. You are responsible for ensuring AI-generated content complies with applicable laws and platform policies. FiveBatch IP: Our platform, AI models, trademarks, and technology remain our property. These Terms don't transfer any FiveBatch IP to you.

6. Acceptable Use

You agree not to use FiveBatch to: Generate content that is illegal, defamatory, harassing, or infringes third-party rights Spam or send unsolicited communications Attempt to reverse-engineer or scrape our AI models Circumvent platform API policies of connected social networks Violate any applicable laws or regulations We may suspend or terminate accounts that violate these policies.

7. Social Media Platforms

FiveBatch connects to third-party platforms (Instagram, TikTok, LinkedIn, etc.) via their APIs. You are responsible for complying with each platform's terms of service. FiveBatch is not responsible for changes to third-party APIs that affect our features, or for any violations of platform policies you commit through use of our Service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that AI-generated content will meet your specific requirements.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIVEBATCH'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. Termination

You may cancel your account at any time from Settings → Billing. Upon cancellation, your access continues until the end of the current billing period. We may suspend or terminate your account immediately if you violate these Terms. Upon termination, your data is retained for 30 days then permanently deleted.

11. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts of San Francisco County, California.

12. Changes to Terms

We may update these Terms at any time. We'll notify you of material changes via email at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

13. Contact

Questions about these Terms? Contact us at legal@fivebatch.ai or FiveBatch Inc., 548 Market St #99000, San Francisco, CA 94104.