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 operating system that provides:
•Brand DNA Engine: Analyzes your brand to build a personalized AI profile that captures your voice, tone, and audience•AI Content Generation: Creates captions, scripts, ad copy, blog posts, and social content tailored to your brand•Trend Radar: Detects trending topics across platforms 2–5 days before they peak, enabling you to publish first•Autopilot Campaigns: Automatically generates, schedules, and publishes content on a recurring basis without manual input•AI Video Production: Creates short-form videos via integrated PixVerse and HeyGen pipelines•Multi-Platform Scheduling: Publishes to Instagram, TikTok, LinkedIn, Facebook, YouTube, Pinterest, Reddit, and X•Performance Analytics: Tracks engagement, reach, and content performance across all connected accounts
Features operate on a credit-based system. Each plan includes a monthly credit allocation. Credit usage varies by feature (standard content, video generation, and Autopilot runs consume different amounts). See the Pricing page for current credit values per plan.
The Service is provided "as is" and we reserve the right to modify, add, or remove 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. Plans, Credits, and Payments
Plans: FiveBatch offers Free, Starter, Pro, Business, and Enterprise plans. Paid plans (Starter, Pro, Business) are sold as one-time passes for 1, 3, 6 or 12 months, paid in advance through PayPal. Longer passes are discounted (10%, 15% and 25% for 3, 6 and 12 months). All fees are in USD.
No automatic renewal: A pass is paid once and does not renew or charge you automatically. We email you before it ends. When a pass ends, your account moves to the Free plan until you buy a new one.
Credits: Each pass includes a monthly credit allowance that refills on the same date each month. Credits are used when the team creates content, runs Autopilot, makes videos or uses other AI features. Unused monthly credits do not roll over. Credit packs can be bought separately; pack credits never expire and are used after your monthly credits.
Connected social accounts: Each plan includes a number of connected social accounts. The Free plan includes one account for a one-time 7-day trial. If you have more accounts connected than your plan includes (for example after a pass ends or a trial finishes), we will email you and disconnect the extra accounts 7 days later, or when the trial ends. Your posts and data are not deleted.
Changing plans: You can upgrade at any time; the unused days of your current pass are taken off the price of the new one. You can move to a smaller plan when your current pass ends.
Price changes: We may change prices for future purchases at any time. A pass you have already paid for keeps its price until it ends.
Refunds: See our Refund Policy.
Taxes: Prices exclude applicable taxes. You are responsible for taxes applicable 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 intellectual property rights•Spam or send unsolicited mass communications using our scheduling tools•Attempt to reverse-engineer, scrape, or extract our AI models, Brand DNA engine, or Trend Radar algorithms•Circumvent or violate the platform API policies of connected social networks (Instagram, TikTok, LinkedIn, etc.)•Use Autopilot or bulk scheduling features to post in volumes that violate platform rate limits•Misrepresent AI-generated content as entirely human-produced in contexts where disclosure is legally required•Violate any applicable laws or regulations in your jurisdiction
We may suspend or terminate accounts that violate these policies without prior notice.
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 support@fivebatch.com or FiveBatch Inc., 548 Market St #99000, San Francisco, CA 94104.