Terms of Service
Last updated: June 18, 2026
1. Agreement and scope
These Terms of Service ("Terms") govern your access to and use of the products and services offered by Batch Studios Inc. ("Batch", "we", "us", or "our"), including the BATCH automated rotoscoping pipeline, the Batch Portal desktop application, and the website at batch.film (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
Order of precedence. If you have entered into a signed Master Services Agreement, order form, or similar negotiated agreement with Batch (a "Signed Agreement"), that Signed Agreement governs your use of the Services and controls over any conflicting provision in these Terms. In the event of a conflict, the order of precedence is: (1) the Signed Agreement, (2) these Terms, (3) the Batch Portal End User License Agreement (EULA), and (4) the Privacy Policy.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into these Terms. By using the Services, you represent that you meet these requirements. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.
3. Account responsibilities
- You must provide accurate, current account information and keep it updated.
- You are responsible for maintaining the confidentiality of your authentication credentials and for all activity under your account.
- You must notify security@batch.film immediately of any unauthorized access or suspected compromise.
- You may not transfer your account or share credentials with anyone outside your authorized organization.
4. Acceptable use
You agree to use the Services only for lawful purposes related to legitimate film, video, or post-production work. You may not:
- Submit content you do not have the rights to process, including third-party copyrighted footage you are not licensed to use.
- Submit content that depicts illegal acts, child sexual abuse material, or other unlawful content.
- Use the Services to harass, defame, or harm any individual or entity.
- Attempt to reverse-engineer, decompile, disassemble, or extract source code from the Services, except to the extent this restriction is prohibited by applicable law.
- Probe, scan, or test the vulnerability of the Services, or circumvent any security or access-control measure.
- Use automated systems (bots, scrapers) to interact with the Services beyond documented APIs.
- Reproduce, resell, or sublicense any portion of the Services.
- Access or use the Services, or use the Output, for the purpose of developing, training, improving, or benchmarking a product, service, or machine-learning model that competes with the Services.
- Submit content that contains viruses, malware, or other harmful code.
Copyright complaints. Batch responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act. Notices should be sent to legal@batch.film. Batch may suspend or terminate the accounts of repeat infringers.
5. Subscriptions, billing, and refunds
Some Services are paid. Pricing is published in the Batch Portal or set out in a Signed Agreement. By signing up for a paid plan you agree to:
- Pay all applicable fees in U.S. dollars within 30 days of invoice, unless a different term is set out in your Signed Agreement.
- Authorize automatic renewal of subscription terms unless cancelled in accordance with your plan.
- Pay all applicable taxes, excluding taxes on Batch's net income.
Refunds are issued at Batch's discretion for service failures attributable to Batch. We do not refund for unused capacity, accidental usage, or change-of-mind cancellations. Any service-level credits are governed by the applicable Signed Agreement.
6. Intellectual property
6.1 Your Content
You retain all right, title, and interest in the production media, metadata, and other content you submit to the Services ("Your Content"). You grant Batch a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, and deliver Your Content solely as necessary to provide the Services to you. This license terminates when Your Content is deleted in accordance with our retention schedule. You represent and warrant that you have obtained all rights, consents, and releases necessary for Batch to host and process Your Content as described in these Terms, including from individuals appearing in it.
6.2 Output and deliverables
As between you and Batch, you own all right, title, and interest in the outputs generated from Your Content, including mattes, alpha channels, depth maps, keyframes, and other rendered deliverables (the "Output"). To the extent any such right does not vest in you by default, Batch hereby assigns it to you, and to the extent any assignment is not effective, Batch grants you a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use the Output without restriction. Output is treated as Your Content under these Terms.
6.3 No training and no secondary use of Your Content
Batch does not use Your Content to train, fine-tune, or improve any machine-learning model unless you and Batch have expressly agreed otherwise in a signed training agreement. Batch does not use Your Content for marketing, benchmarking, or any purpose other than providing the Services to you. Batch does not sell, rent, or trade Your Content, and does not transmit Your Content to any third-party artificial-intelligence provider. Absent a signed agreement to the contrary, these commitments are not subject to any opt-in or default-on setting.
6.4 Batch intellectual property
The Services, including all software, models, designs, brand elements, and documentation, are owned by Batch or its licensors and are protected by U.S. and international intellectual-property laws. We grant you only the limited license described in these Terms and reserve all other rights.
6.5 Feedback
If you provide Batch with feedback, suggestions, or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback to improve the Services, with no obligation to you. Feedback does not include, and Batch acquires no rights in, Your Content.
7. Confidentiality
"Confidential Information" means non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party"), including Your Content and production media (which are your Confidential Information), and Batch's non-public business and technical information (which is Batch's Confidential Information).
- Protection. The Receiving Party will protect the Disclosing Party's Confidential Information using at least the same degree of care it uses for its own Confidential Information of similar importance, and in no event less than a reasonable degree of care.
- Use. The Receiving Party will use Confidential Information only to perform or receive the Services and will limit access to those of its personnel and contractors who need it and are bound by confidentiality obligations at least as protective as these Terms.
- Exclusions. Confidential Information does not include information that is or becomes public through no fault of the Receiving Party, was rightfully known to the Receiving Party without obligation of confidence, is independently developed without use of the Confidential Information, or is rightfully received from a third party without restriction.
- Compelled disclosure. If the Receiving Party is legally compelled to disclose Confidential Information, it will, where legally permitted, give the Disclosing Party prompt notice and disclose only what is required.
- Return or destruction. On the Disclosing Party's request or on termination, the Receiving Party will return or destroy the Disclosing Party's Confidential Information, subject to legal-retention requirements.
- Survival and conflicts. Confidentiality obligations survive for five years after disclosure, and indefinitely for Your Content and production media for so long as Batch retains it. If the parties have signed a separate non-disclosure agreement, it supplements these Terms, and its more protective provisions control in the event of a conflict.
- Equitable relief. Each party acknowledges that a breach of this Section 7 may cause irreparable harm for which monetary damages are inadequate, and that the other party may seek injunctive or other equitable relief, without the requirement of posting a bond, in addition to any other remedies.
8. Data protection and security
Batch maintains a content-security program designed to align with industry frameworks, including the Motion Picture Association (MPA) Content Security Best Practices and the Trusted Partner Network (TPN). Our safeguards include:
- Encryption of Your Content in transit (TLS 1.2 or higher) and at rest.
- Authenticated identity with multi-factor authentication and least-privilege access controls. No individual employee has standing access to client production media.
- Audit logging enabled by default, covering authentication events, administrative actions, job lifecycle events, and artifact upload and download activity, with details such as actor identity, timestamp, source IP, and request ID.
- Processing of client content within the United States. Your Content is not transferred outside the United States except as you direct.
Security incidents. Batch will notify affected clients of a confirmed security incident affecting their content without undue delay, and in any event within 72 hours of confirmation, and will provide information reasonably necessary for the client to meet its own obligations.
Sub-processors. Batch uses a limited set of vetted sub-processors that are bound by written obligations at least as protective as these Terms and are not permitted to use Your Content for their own purposes. Batch's current sub-processor list is available on request and may be identified in a Signed Agreement. Batch will provide notice of material changes, and the client may object on reasonable data-protection grounds.
Security documentation. On reasonable request, and in accordance with any Signed Agreement, Batch will make available its current security documentation and respond to reasonable security questionnaires and assessments.
Retention and deletion. Batch does not maintain a permanent archive of client footage. Input source files are retained for approximately 14 days. Output media is retained for approximately 10 days so you have time to download your deliverables successfully. Intermediate working copies are deleted after processing completes. Client footage is not written to backup or archival storage. Client footage can be purged more quickly on written request. Further detail, including retention of account information and operational logs, is set out in the Privacy Policy.
9. Service availability, service levels, and modifications
We aim for high service availability but do not promise uninterrupted access except as expressly committed in a service-level agreement set out in a Signed Agreement. The Services are provided on an "as available" basis. Scheduled maintenance, security events, or third-party disruptions may temporarily affect availability.
We may modify, suspend, or discontinue any portion of the Services at any time. For material changes that adversely affect paid customers, we will provide reasonable advance notice. Committed uptime, support response, and service-level credits, if any, are set out in the applicable Signed Agreement.
10. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED IN A SIGNED AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. BATCH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUTPUTS WILL MEET YOUR REQUIREMENTS.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS SET OUT BELOW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO BATCH IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (THE "GENERAL CAP").
Enhanced cap. For liability arising out of a party's breach of its confidentiality obligations in Section 7, or Batch's breach of its data-security obligations in Section 8, including any related indemnification obligations under Section 12, each party's total cumulative liability will not exceed the greater of (a) US $1,000,000 or (b) three times the General Cap.
Excluded claims. Neither cap applies to: (a) a party's gross negligence, fraud, or willful misconduct; (b) your indemnification obligations under Section 12 arising from Your Content or your violation of law or third-party rights; (c) Batch's indemnification obligations under Section 12 for intellectual-property infringement claims; or (d) your obligation to pay fees for the Services.
12. Indemnification
By you. You will indemnify and hold harmless Batch and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your breach of these Terms, (b) your violation of any law or third-party right, or (c) Your Content, including any claim that Your Content infringes a third party's rights or that you lacked the rights to submit it.
By Batch. Batch will indemnify and hold harmless you and your affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) a claim that the Services, excluding Your Content, infringe that third party's intellectual-property rights, or (b) Batch's breach of its confidentiality or data-security obligations. If the Services become, or in Batch's opinion are likely to become, the subject of an infringement claim, Batch may at its option procure the right for you to continue using the Services, modify them to be non-infringing, or terminate the affected Services and refund prepaid, unused fees.
Process. The indemnified party will promptly notify the indemnifying party of the claim, allow the indemnifying party to control the defense and settlement (provided no settlement imposes liability or admission on the indemnified party without its consent), and provide reasonable cooperation.
13. Term and termination
You may stop using the Services at any time. We may suspend or terminate your access for breach of these Terms, non-payment, or as required by law. On termination:
- Your right to access and use the Services ends immediately.
- You remain liable for any fees accrued through the termination date.
- We will return or delete Your Content in accordance with the retention schedule in our Privacy Policy, and on your request will provide written confirmation of deletion.
- Sections that by their nature should survive (including intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and governing law) survive termination.
14. Governing law and dispute resolution
These Terms are governed by the laws of the State of New York, U.S.A., without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms will be resolved by confidential arbitration before one arbitrator in New York City under the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in court for actual or threatened breach of intellectual-property, confidentiality, or data-security obligations. A Signed Agreement may specify a different governing law or forum, in which case that agreement controls.
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated by email to account holders and by updating the "Last updated" date above. Continued use of the Services after the effective date constitutes acceptance of the revised Terms. For customers operating under a Signed Agreement, changes to these Terms do not reduce the protections of that agreement during its committed term and apply on renewal.
16. Force majeure
Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, network or utility failures, and other events of force majeure.
17. General
These Terms, together with our Privacy Policy and any Signed Agreement, constitute the entire agreement between you and Batch regarding the Services and supersede all prior understandings. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver. Either party may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of substantially all of its assets, on notice to the other party; neither party may otherwise assign without the other's prior written consent. The parties are independent contractors. Neither party will use the other party's name, logos, or trademarks, or publicly disclose the existence or terms of the parties' relationship, without the other party's prior written consent. Notices to Batch must be sent to the address below and to legal@batch.film.
18. Contact
Batch Studios Inc.
80 Nassau Street, Suite 502, New York, NY 10038, United States
- General: lets@batch.film
- Legal: legal@batch.film
- Privacy: privacy@batch.film
- Security incidents: security@batch.film