Terms of Service

1. Acceptance of Terms

By accessing and using BatchFox software, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our software.

2. License Grant

BatchFox grants you a non-exclusive, non-transferable, revocable license to use the software according to your purchased plan. Each account is licensed on a per-seat basis, and each seat is bound to a single device; you may deactivate a seat and re-bind it to a different device subject to reasonable use limits. Free access is limited to features designated for the Free tier. Paid plans include Pro (subscription and lifetime variants), Archive (subscription and lifetime variants), and Complete (bundles Pro + Archive and includes two seats). Commercial users may add additional seats to an account. The features, seat and device allowances, content limits, and rate limits applicable to each plan are specified at checkout and on the pricing page and are incorporated into this Agreement by reference. We reserve the right to modify plan features, pricing, and limits prospectively in accordance with § 11 (Changes to Terms).

3. Permitted Use

You may use BatchFox for image processing tasks subject to the rights of your purchased plan. Personal use is permitted on all paid plans. Commercial use is permitted; commercial users may add additional seats to an account as needed for multi-device or multi-user deployments. The Free tier is licensed for personal, evaluation, and non-commercial use only. Each seat is bound to a single device; a seat may be deactivated and re-bound to a different device subject to reasonable use limits. You may not exceed the number of seats licensed to your account, and you may not share, lend, or transfer seat credentials; doing so may result in license deactivation per § 9 (Termination).

4. Restrictions and Acceptable Use

When using BatchFox software and services, you agree NOT to:

• (a) License sharing or transfer: share, lend, lease, sublicense, sell, transfer, or otherwise distribute your license credentials, license key, or activated installation to any third party; circumvent or attempt to circumvent the license-activation system.
• (b) Resource abuse: use the software in a manner that imposes an unreasonable or disproportionate burden on BatchFox infrastructure, services, or third-party services we use (including but not limited to license-validation servers, support email systems, payment processing systems).
• (c) Reverse engineering, decompilation, disassembly: reverse engineer, decompile, disassemble, derive source code from, attempt to extract trade secrets from, or otherwise attempt to circumvent the technical protection measures applied to the software.
• (d) Removal of proprietary notices: remove, alter, or obscure any proprietary notice (including copyright, trademark, or patent notices) embedded in the software, its outputs, or its documentation.
• (e) Illegal content processing: use the software to process, create, store, or distribute content that violates applicable law, including but not limited to content depicting the sexual exploitation of minors (CSAM), content infringing third-party intellectual property rights without authorization, and content violating applicable export control regulations.
• (f) Service disruption: attempt to disrupt, overload, or interfere with BatchFox infrastructure, services, or other users' use of the software; transmit malware, viruses, or malicious code; attempt unauthorized access to BatchFox systems or other users' accounts.
• (g) Automated abuse: use bots, scripts, scrapers, or other automated means to access BatchFox services in a manner not authorized by the tier features of your purchased plan. The batch-processing functionality within the software is permitted; automated programmatic access to the license-activation or payment systems is not.
• (h) False information: provide false, inaccurate, or misleading information at registration, license activation, or payment; impersonate any person or entity; falsely claim affiliation with BatchFox Studio LLC.
• (i) Compliance violations: use the software in violation of applicable export control regulations (U.S. Commerce Department Export Administration Regulations, OFAC sanctions, UK Export Control Order 2008, EU dual-use export control); use the software in any embargoed country or by any person on a denied-party or specially-designated-nationals list.
• Violation of this Acceptable Use Policy may result in immediate license deactivation per § 9 (Termination), forfeiture of any prepaid amounts, and pursuit of available legal remedies. BatchFox Studio LLC reserves all rights to enforce this policy at its discretion.

5. Updates and Support

Subscription plans include access to the latest eligible BatchFox version while active. Lifetime plans include updates for the purchased major version line, such as v1.x. Support is provided via email for paid plans and self-serve/community resources for free users.

6. Privacy

BatchFox processes all images locally on your device. We do not upload, store, or access your images. Please see our Privacy Policy for details on data collection.

7. Refunds

Refund requests must be submitted within 7 days of purchase per the Refund Policy at https://batchfox.app/refunds. Refunds may be denied once a license has been activated on multiple devices, for policy abuse, or when the request falls outside the stated refund window.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• (a) IN NO EVENT WILL BATCHFOX STUDIO LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE, EVEN IF BATCHFOX STUDIO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• (b) BATCHFOX STUDIO LLC'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE EULA, OR YOUR USE OF THE SOFTWARE SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU PAID TO BATCHFOX STUDIO LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00).
• (c) NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE LIABILITY FOR (i) DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE; (ii) OUR FRAUD OR FRAUDULENT MISREPRESENTATION; (iii) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
• (d) TO THE EXTENT REQUIRED BY MANDATORY APPLICABLE LAW IN YOUR JURISDICTION OF RESIDENCE, THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU; THE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Termination

We reserve the right to terminate your license if you violate these terms. Upon termination, you must cease all use of the software and delete all copies.

10. Founder Pricing Policy

Founder pricing is a discounted subscription rate offered for a limited time during early product availability. Founder pricing remains valid only while the subscription is continuously active and in good standing. If a subscription is canceled, expires, or is terminated for any reason, access to the founder pricing rate is permanently forfeited. Any future subscription will be subject to the then-current pricing or applicable promotions. Founder pricing is non-transferable and may not be reinstated after cancellation.

11. Changes to Terms

We may update these terms at any time. Continued use of BatchFox after changes constitutes acceptance of new terms. We will notify users of significant changes.

12. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of West Virginia, United States, without regard to its conflict-of-laws principles, and federal law of the United States to the extent applicable. To the extent permitted by mandatory applicable consumer-protection law in the user's jurisdiction of residence, the foregoing choice of law is given full effect; to the extent mandatory consumer-protection law of the user's jurisdiction otherwise applies, this choice of law applies only to matters not preempted by such mandatory law.

13. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver

• (a) Informal resolution first. Before initiating any formal dispute, you agree to first contact BatchFox Studio LLC at the address specified in § 14 (Notices) below and attempt to resolve the dispute informally for a period of at least sixty (60) days from the date of first written notice.
• (b) Binding arbitration. If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the EULA, the Refund Policy, or your use of the software (a "Dispute") shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration shall take place in the State of West Virginia (or by telephone or videoconference at the user's election where the user's residence is more than 100 miles from the arbitration venue). The arbitrator's decision shall be final and binding. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
• (c) Class action waiver. YOU AND BATCHFOX STUDIO LLC AGREE THAT ANY ARBITRATION OR LITIGATION ARISING UNDER THESE TERMS SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PARTIES OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.
• (d) Carve-outs. Notwithstanding the foregoing, either party may bring (i) an individual action in small claims court for claims within the small-claims court's jurisdictional limit; (ii) an action for injunctive or equitable relief to protect intellectual property rights (including but not limited to trademark, copyright, patent, trade-secret, or contractual rights) in any court of competent jurisdiction.
• (e) Opt-out right. You may opt out of the binding arbitration provision of this § 13 by sending written notice of your opt-out election to BatchFox Studio LLC at the address specified in § 14 (Notices) below within thirty (30) days of first accepting these Terms. The notice must include your name, email address used at registration, and a clear statement of your election to opt out of arbitration. If you opt out, the venue and forum selection of § 12 (Governing Law) above applies to disputes; the class-action waiver of § 13(c) above does NOT apply if you opt out.
• (f) Time-bar on claims. Any Dispute under these Terms must be commenced (whether in arbitration or court) within one (1) year after the cause of action accrues, or such Dispute is forever barred.

14. Notices

Notices to BatchFox Studio LLC shall be sent to: BatchFox Studio LLC, 770 Crushed Apple Dr, Martinsburg, WV 25403, and to support@batchfoxstudio.com (or such other address as BatchFox Studio LLC may designate in writing). Notices to you shall be sent to the email address you provided at registration.

15. Subscription Auto-Renewal; Cancellation Right

• (a) Auto-renewal disclosure. If you purchase a subscription tier of BatchFox software (Pro subscription, Archive subscription, or Complete subscription), your subscription will automatically renew at the end of each subscription period (monthly or annual, as specified at checkout) at the then-current subscription rate, charged to the payment method on file, unless and until you cancel. By initiating a subscription purchase, you authorize this automatic renewal and the corresponding recurring charges.
• (b) Cancellation right. You may cancel your subscription at any time before the next renewal date by visiting your account management page at https://batchfox.app/account (or such other URL as we may designate in writing) and selecting the "Cancel Subscription" option. Cancellation takes effect at the end of your current paid period; you retain access to subscription features through the end of the period for which you have already paid. No refund is provided for partial billing periods, except as provided in the Refund Policy at https://batchfox.app/refunds.
• (c) Reminder notifications. We will send you a reminder notification by email at least seven (7) days before each subscription renewal, identifying the subscription tier, the upcoming renewal amount, the renewal date, and the cancellation method.
• (d) Price changes. We may change the subscription rate prospectively in accordance with § 11 (Changes to Terms). Any price change will take effect on your next renewal date and will be disclosed to you in advance via email and on the pricing page. If you do not wish to continue at the new rate, you may cancel before the renewal date per § 15(b).
• (e) Founder Pricing. The Founder Pricing Policy (§ 10) describes the conditions for retaining founder pricing during continuous subscription; cancellation triggers forfeiture of founder pricing per that policy.
• (f) Easy cancellation method. Consistent with the FTC's "click-to-cancel" rule and applicable state-level Automatic Renewal Laws (California Bus. & Prof. Code §§ 17600-17606; similar statutes in New York, Vermont, North Dakota, and other states), the cancellation method provided in § 15(b) is intended to be at least as easy to use as the method by which the subscription was initiated. If you experience difficulty canceling, contact support@batchfoxstudio.com for assistance.

16. Indemnification

You agree to indemnify, defend, and hold harmless BatchFox Studio LLC, its affiliates, officers, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your breach of these Terms, the EULA, the Privacy Policy, the Refund Policy, or the Acceptable Use Policy; (b) your use of the software in violation of applicable law; (c) your processing of content that infringes third-party intellectual property rights or other rights; (d) your unauthorized access, use, or disclosure of the software or third parties' personal data. BatchFox Studio LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us; you agree to cooperate with our defense of such claims.

17. Electronic Communications; E-SIGN Consent

By creating an account or purchasing a subscription or license, you consent to receive all communications from BatchFox Studio LLC electronically, including but not limited to license keys, receipts, support replies, subscription renewal reminders, security and breach notifications, and updates to these Terms, the Privacy Policy, the EULA, the Refund Policy, the Acceptable Use Policy, and the Cookie Policy. We will communicate with you via the email address you provide at registration and via in-product notifications. You may withdraw this consent at any time by deleting your account; doing so will terminate your subscription and license per § 9 (Termination).

18. Geographic Scope

BatchFox is operated from the United States and is intended for users located in the United States. We do not target, market to, or direct our services at residents of the European Economic Area (EEA), the United Kingdom, or Switzerland, and we do not knowingly offer the service to such residents. If you access BatchFox from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We process personal information in the United States.

19. Severability

If any provision of these Terms of Service is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified or limited to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed from these Terms of Service; and the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms of Service, together with the End User License Agreement, the Privacy Policy, the Refund Policy, and (for participants in the Beta Program) the Beta Tester Confidentiality Agreement, constitute the entire agreement between you and BatchFox Studio LLC regarding the BatchFox software and supersede all prior or contemporaneous agreements, communications, proposals, and understandings, whether written or oral, on that subject. In the event of a conflict, the Beta Tester Confidentiality Agreement controls as to Confidential Information and the pre-release software, the End User License Agreement controls as to the terms of the software license, and otherwise these Terms of Service control. No waiver of any provision is effective unless in writing and signed by BatchFox Studio LLC.