Terms of Service
These Terms of Service ("Terms") govern your access to and use of Batch (the "Service"), a software platform for businesses and their teams operated by Batch Group Corp. ("Batch", "we", "us"). By creating an account or using the Service you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.
1. Acceptance and eligibility
You must be at least eighteen years old and able to form a binding contract to use the Service. By using Batch you confirm that the information you provide is accurate and that you will keep it current. We may refuse service, terminate accounts, or cancel orders at our discretion when these Terms are violated.
2. Accounts
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at security@getbatch.net if you suspect unauthorized access. Each business ("Tenant") on the Service is administered by an Owner who controls membership, roles, and integrations. Owners are responsible for the conduct of their team members within their Tenant workspace.
2.1 Roles
Batch supports Owner, Manager, Team Member, Front Desk, and Viewer roles. Owners and Managers can manage team membership, integrations, and billing. Team Members and Front Desk staff have scoped access to bookings, customers, and payments appropriate to their function.
3. Payments and card processing
Batch itself does not process card payments. Card processing runs on the Datacap gateway, with card-present transactions captured on PAX terminals. Each staff member can be assigned their own merchant account, or the business can connect a single shared merchant account. Funds settle directly from the processor to the merchant account holder on the schedule set by that processor.
Your use of Datacap and the underlying acquiring bank is governed by their own terms and merchant agreements. Batch is not a party to your relationship with Datacap or your acquirer and is not liable for processor fees, payouts, chargebacks, holds, or account suspensions imposed by them.
3.1 Batch subscription fees
Where a paid Batch subscription is offered, fees are billed in advance on a monthly or annual cycle. Subscriptions renew automatically unless canceled before the renewal date. Fees are non-refundable except where required by law. We may change pricing on at least thirty days' notice; price changes do not affect the current paid period.
4. Acceptable use
You agree not to:
- Use the Service to send unsolicited bulk SMS or email.
- Upload, store, or transmit content that is unlawful, infringing, harassing, or that violates the privacy or publicity rights of any person.
- Attempt to access another Tenant's data or bypass row-level security.
- Reverse engineer, decompile, or probe the Service for vulnerabilities outside our security disclosure program.
- Resell, sublicense, or white-label the Service without written permission.
- Use the Service to operate a competing point-of-sale or business management SaaS product.
We may suspend access without notice when necessary to protect the Service, other users, or third parties from abuse or imminent harm.
5. Intellectual property
Batch and its licensors own all rights in the Service, including the software, design, trademarks, and documentation. You receive a limited, non-exclusive, non-transferable, revocable right to use the Service during the term of your subscription. We reserve all rights not expressly granted.
You retain ownership of the data you put into the Service ("Your Data"), including business records, appointments, services, catalog, photos, and notes. You also grant and assign to Batch, to the maximum extent permitted by applicable law, a joint and undivided ownership interest in Your Data, so that you and Batch are each an owner of Your Data and each may use, store, reproduce, modify, create derivative works from, distribute, and otherwise exploit Your Data for any purpose, without consent of, accounting to, or compensation to the other.
This joint ownership does not apply to personal data that Batch processes on your behalf as a processor (for example, your customers' personal data). That data remains subject to Section 6 and the Data Processing Addendum, you remain its controller, and Batch does not claim ownership of it. To the extent any of Your Data cannot be jointly owned under applicable law, you instead grant Batch the broadest license that law allows (worldwide, royalty-free, fully paid-up, and sublicensable) to host, copy, store, transmit, display, reformat, process, and otherwise use that data to operate, secure, support, and improve the Service and to develop new products and features.
5.1 Aggregated and de-identified data
Batch may create aggregated, anonymized, and de-identified data and statistics derived from Your Data and from use of the Service ("Aggregated Data"). Aggregated Data does not identify you, your business, or any individual. Batch owns Aggregated Data and may use, retain, reproduce, and disclose it for any lawful business purpose, in perpetuity and after termination, including analytics, benchmarking, capacity planning, fraud prevention, product development, and the training and improvement of models and algorithms. We do not attempt to re-identify Aggregated Data.
5.2 Feedback
If you give Batch suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use and exploit that feedback for any purpose without restriction, attribution, or compensation.
6. Customer data
Your business's customer records (names, emails, phone numbers, appointment history, notes) are processed by Batch as a sub-processor on your behalf. You are the controller of that data and you are responsible for the lawful basis on which you collect it, the consent you gather, and the notices you provide to your customers. Our Data Processing Addendum sets out the obligations between us when we handle personal data on your behalf.
6.1 Batch Network (optional)
Batch may offer an optional "Batch Network" that lets participating US businesses recognize shoppers across the platform and send them marketing email, as described in our Privacy Policy. Participation is optional and is controlled by Batch POS. If you participate, you may receive Network contacts and you agree to honor every opt-out and suppression signal the Network records (unsubscribe, reply-STOP, Global Privacy Control, and platform-wide suppressions), to send only lawful marketing, and to comply with CAN-SPAM, A2P 10DLC, and other applicable marketing laws. The Network does not share phone numbers for cross-business text marketing, and it excludes EEA, UK, and Swiss residents. Batch may suspend Network access for any conduct that creates legal or deliverability risk.
7. Third-party integrations
The Service integrates with third-party services including Datacap, Telnyx, Amazon Web Services, Stripe, Gusto, and x1voice, and with services you choose to connect, such as QuickBooks Online. Your use of those services is governed by their own terms and privacy policies. Batch is not responsible for outages, billing, or data handling by third parties beyond our control. Where you connect your own third-party account (for example, your own Telnyx account for SMS) you are solely responsible for that account, its credentials, and any fees it incurs.
8. Confidentiality
Each party agrees to protect the other's non-public business information with the same care it uses for its own confidential information, and at minimum a reasonable standard of care. This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party without restriction.
9. Termination
You may cancel your subscription at any time from the billing settings. Cancelled accounts retain read-only access until the end of the current billing period. Batch may suspend or terminate your account if you breach these Terms, fail to pay an invoice within fifteen days, or use the Service in a manner that creates risk for us or other users.
On termination, you may export Your Data for ninety days using the export tools in the dashboard. After that period, Your Data is deleted from active systems within thirty days and from backups within a further ninety days, except where retention is required by law or permitted under Section 5; Batch may retain and continue to use aggregated and de-identified data and its jointly-owned interest in non-personal Your Data. Personal data Batch processes on your behalf is deleted or returned as set out in the Data Processing Addendum.
10. Warranties and disclaimers
The Service is provided on an "as is" and "as available" basis. Batch disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions our liability is limited to the maximum extent permitted by law.
11. Limitation of liability
To the maximum extent permitted by law, Batch's total aggregate liability arising out of or relating to these Terms or the Service is limited to the amount you paid Batch in the twelve months preceding the event giving rise to the claim, or one hundred US dollars, whichever is greater. Batch is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
Nothing in these Terms limits liability that cannot be limited by law, including liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by negligence.
12. Indemnification
You agree to defend and indemnify Batch against claims, damages, and expenses (including reasonable attorneys' fees) arising from Your Data, your use of the Service in violation of these Terms, or your violation of applicable law or the rights of a third party.
13. Governing law, arbitration, and class waiver
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Binding arbitration. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be seated in New Castle County, Delaware, conducted in English, before one arbitrator, and judgment on the award may be entered in any court of competent jurisdiction.
Class-action and jury waiver. Disputes will be arbitrated only on an individual basis. To the maximum extent permitted by law, you and Batch waive any right to participate in a class, collective, consolidated, or representative action, and any right to a trial by jury. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding.
Carve-outs. Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or equitable relief in the state or federal courts located in New Castle County, Delaware to protect its intellectual property or confidential information; the parties consent to personal jurisdiction there for that purpose.
30-day opt-out. You may opt out of this arbitration agreement by emailing legal@getbatch.net within thirty days of first accepting these Terms, stating your name, account, and intent to opt out. Opting out does not affect any other provision of these Terms.
14. Changes to the Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or through an in-product notice at least thirty days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may cancel your subscription before the effective date.
15. Miscellaneous
These Terms are the entire agreement between you and Batch regarding the Service and supersede prior agreements on the same subject. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a right is not a waiver of that right. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of substantially all of our assets.
16. Contact
Questions about these Terms can be sent to legal@getbatch.net. Security reports go to security@getbatch.net. Privacy requests go to privacy@getbatch.net.