Legal
Terms of Service
Terms of Service
Last updated: July 1, 2026 · Effective: July 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 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. Subscriptions, Credits, and Payments
Plans: FiveBatch offers Free, Starter, Pro, Business, and Enterprise plans. Paid plans (Starter, Pro, Business) are billed monthly or annually in advance. All fees are in USD.
Credits: Each paid plan includes a monthly credit allocation. Credits are consumed when generating content, running Autopilot campaigns, producing videos, or using advanced AI features. Credits reset at each billing cycle and do not roll over unless you are on an eligible plan. Additional credits cannot be purchased separately at this time.
Annual billing: Annual plans are billed upfront for 12 months at a discounted rate. See our Refund Policy for the annual pro-rated refund process.
Price changes: We may change subscription fees with 30 days' notice. Continued use after the notice period constitutes acceptance of the new price.
Failed payments: If payment fails, we'll retry for 7 days. After that, your account is automatically downgraded to the Free plan until payment is resolved.
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.