Effective Date: January 11, 2025
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION CAREFULLY.
These Terms of Service ("Terms" or “Agreement”) govern your access to and use of our website, platform and services (collectively, the "Services") and represent a legally binding agreement between Batch, Inc. ("Company," "we," "us," or "our") and you or the entity you represent (”Customer” or "you" and "your"). By accessing or using the Services, you agree to these Terms. If you do not agree with these Terms, you should not use the Services.
To use the Services, you must be at least 18 years old or the age of majority in your jurisdiction, have the authority to enter into a binding agreement on behalf of yourself or the entity you represent, and comply with our Acceptable Use Policy as well as all applicable laws and regulations. If you are a competitor, or are developing a competing product or service, you may not use the Services.
Some services require an account in order to work. You are responsible for all activities that occur using your account, regardless of whether undertaken by you or someone else, including taking steps to maintain appropriate security and backup of your data, proper configuration of data retention settings, maintaining the confidentiality of your account credentials, and notifying us immediately of any unauthorized access to your account. Failure as to any of the above responsibilities may result in loss of access to or unauthorized disclosure of Customer Content, and you acknowledge we shall bear no responsibility for such loss or disclosure.
The Services have certain features that enable you to create, send, sign, manage and store electronic agreements. By using these features, you acknowledge and agree that you have read and accept these Terms and, if applicable, the Esign Disclosure. You are solely responsible for ensuring the validity and enforceability of your electronically signed agreements, for complying with all applicable document retention laws and regulations, including any duty to provide notice to third parties about retention or deletion of documents, and for any transactional emails or text messages that we send to others in connection with the Services on your behalf and in your name as your agent. You further acknowledge and agree that we are not a party to the agreements executed using the Services and do not make any representations or warranties with respect to whatever such agreements are expected to effectuate, including whether the Services are suitable for such agreements. Any issues related to any electronic agreement executed using the Services are between you and the sender or other signing participants and you agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, employees, and agents from any claims, damages, or losses related thereto.
When using the Services, you may upload documents and provide information ("Customer Content") about yourself, your representatives or the recipients of data sent by you or your representatives using the Services (”End Users”). You have no obligation to provide any Customer Content and are free to choose the Customer Content that you want to provide. If you choose to provide Customer Content, then by uploading, submitting, or providing Customer Content you acknowledge and agree that you are solely responsible for obtaining consent to upload and process such information and for compliance with all applicable privacy, security and data protection laws and regulations, including but not limited to, the US Family Educational Rights and Privacy Act (FERPA) of 1974, the US Children's Internet Protection Act (CIPA), the US Children's Online Privacy Protection Act (COPPA) of 1998, the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health (HITECH) and the Payment Card Industry Data Security Standard ("PCI DSS"). You may not collect, process, or store any protected health information, unless you have entered into a Business Associate Agreement with us, and may not use the Services to collect or store Cardholder Data and Sensitive Authentication Data, including Card Verification Code or Value after authorization, as these terms are defined in the PCI DSS, even if encrypted.
We have implemented and will maintain commercially reasonable administrative, physical, and technical safeguards to protect personal data that is under our direct control within the Services and will only access, use, or otherwise process personal data in accordance with our Privacy Policy and, to the extent that we are processing personal data on your behalf (where you are acting as a Data Controller) that is subject to the European Union General Data Protection Regulation (GDPR), our Data Processing Agreement, both of which are incorporated into this Agreement by this reference. We may subcontract obligations under these Terms, but will remain responsible for the performance of our subcontractors subject to these Terms. The Services also provide features that allow you to share personal data with specific individuals or to make it public. There are many things that recipients and other users may do with personal data once received (for example, copy it, modify it, or reshare it). Please consider carefully what you choose to share or make public. We have no responsibility to you or any third party for the use of personal data by recipients and other users of the Services when you share or make personal data publicly available.
Our service fees are stated on our pricing page, unless otherwise agreed to in writing. We may revise our service fees at any time. If we revise our service fees, we will notify affected Customers at least thirty (30) days in advance of any changes. Customers are responsible for sales taxes. All service fees are non-refundable unless otherwise stated. You are liable for all costs we incur during collection of any amounts you owe under this Agreement, in addition to the amounts you owe. Collection costs may include attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, applicable interest, and any other related cost.
You may stop using the Services and delete your account at any time. We may terminate this Agreement for any reason or no reason at all by notifying you. We also reserve the right to modify or discontinue the Services, in whole or in part, at any time without prior notice. Upon termination by either party, your right to use the Services will cease, but certain sections and provisions of these Terms will survive, including Sections 6 - 16, your obligations with respect to personal information of end users, and any other provisions that allocate risk, or limit or exclude a party’s liability, to the extent necessary to ensure that a party’s potential liability for acts and omissions that occur during the Term remains unchanged after this Agreement terminates. We are not obligated to retain Customer Content after termination, except as (a) required by Law; (b) required for us to perform any post-termination obligations; or (c) the parties otherwise agree in writing.
Customer grants us the rights that are reasonably necessary to provide the Services (e.g., hosting and processing Customer Data). This permission also extends to trusted third parties that we work with to offer the Services (e.g., payment providers used to process payment of fees). Except for your grant to us of these rights, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property nor contemplate a joint development of intellectual property. As between the parties, you retain all intellectual property rights in Customer Content, and we retain all intellectual property rights in the Services. At your option, you may provide feedback or suggestions about the Services to us ("Feedback"). If you provide Feedback, then we may use that Feedback without restriction and without obligation to you.