Agreement to Terms

These Terms of Service (“Terms”) govern your use of the BatchCloner website located at https://www.batchcloner.com (the “Service”) operated by BatchCloner.com (“us”, “we”, or “our”). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

Effective Date: June 9, 2025

Last Updated: June 10, 2025

Definitions

For the purposes of these Terms of Service:

“Service”

Refers to the BatchCloner website, software applications, and related services provided by BatchCloner.com.

“Software”

Refers to the BatchCloner application software, including BatchCloner Free, BatchCloner Pro, and BatchCloner Enterprise versions.

“User” or “You”

Refers to any individual or entity that accesses or uses the Service.

“Content”

Refers to all text, graphics, images, software, audio, video, information, or other materials available through the Service.

“Account”

Refers to any user account created to access certain features of the Service or to purchase Software.

Acceptance of Terms

Binding Agreement

By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

Age Requirements

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

Business Use

If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and your agreement to these Terms will be treated as the agreement of the entity.

Use of the Website

Permitted Use

You may use our website for lawful purposes only. You agree to use the website in a manner consistent with any and all applicable laws and regulations.

Prohibited Activities

You agree not to use the Service:

  • For any unlawful purpose or to solicit others to perform unlawful acts
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • For any obscene or immoral purpose
  • To interfere with or circumvent the security features of the Service

Account Security

If you create an account on our website, you are responsible for maintaining the security of your account and password. You agree to accept responsibility for all activities that occur under your account.

Software License Terms

License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to download, install, and use the BatchCloner software in accordance with the specific license terms for your purchased version.

BatchCloner Free License

BatchCloner Free is licensed for personal, non-commercial use only. The license includes:

  • Right to install and use on personal computers
  • Limitation to 25 file copies per operation
  • Personal use only (no commercial use permitted)
  • Access to community support resources

BatchCloner Pro License

BatchCloner Pro is licensed for both personal and commercial use. The license includes:

  • Right to install on up to 3 computers for your use
  • Unlimited file copying capabilities
  • Commercial use rights
  • Priority technical support
  • Lifetime updates

BatchCloner Enterprise License

Enterprise licenses are governed by separate Enterprise License Agreements that specify the number of users, deployment terms, and support levels.

License Restrictions

You may not:

  • Reverse engineer, decompile, or disassemble the software
  • Remove or modify any copyright notices or license information
  • Distribute, sell, lease, or sublicense the software
  • Use the software to develop competing products
  • Exceed the usage limitations of your specific license type

Intellectual Property Rights

Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of BatchCloner.com and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

User Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post to the Service, including its legality, reliability, and appropriateness.

Content License

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service for the purpose of providing the Service.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

Privacy and Data Protection

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection, use, and disclosure of your personal information.

Data Processing

By using our Service, you consent to the collection and use of information in accordance with our Privacy Policy. We process personal data in compliance with applicable data protection laws, including GDPR where applicable.

Data Security

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction.

Payments and Refunds

Payment Terms

Payment for BatchCloner Pro and Enterprise licenses is due at the time of purchase. We accept major credit cards, PayPal, and other payment methods as displayed during checkout.

Pricing

All prices are listed in US Dollars unless otherwise specified. Prices are subject to change without notice, but changes will not affect orders already placed.

Taxes

You are responsible for paying any applicable taxes, duties, or government charges related to your purchase.

Refund Policy

Refunds are governed by our separate Refund Policy, which provides a 30-day money-back guarantee for eligible purchases. Please refer to our Refund Policy for complete terms and conditions.

Disclaimers and Warranties

Service Availability

We strive to maintain the availability of our Service, but we do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

Software Warranties

While we strive to provide high-quality software, BatchCloner is provided “as is” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

User Responsibility

You acknowledge that you use the Service and Software at your own risk. You are solely responsible for any damage to your computer system or loss of data that results from your use of the Service or Software.

Limitation of Liability

Limitation of Damages

IN NO EVENT SHALL BATCHCLONER.COM, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law and Jurisdiction

Applicable Law

These Terms shall be interpreted and governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be resolved in the state and federal courts located in Delaware, United States. You consent to the personal jurisdiction of such courts.

Dispute Resolution

Before filing any legal action, you agree to attempt to resolve any dispute through good faith negotiations. If a dispute cannot be resolved through negotiation, it may be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

Changes to Terms

Right to Modify

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

Notification of Changes

We will notify users of significant changes to these Terms by:

  • Posting a notice on our website
  • Sending an email to registered users
  • Displaying a notification in the Software

Continued Use

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

Contact Information

Questions About These Terms

If you have any questions about these Terms of Service, please contact us:

Email: support@batchcloner.com

Website: https://www.batchcloner.com/support

Response Time

We will respond to legal inquiries within 5 business days. For urgent matters, please indicate the urgency in your subject line.

Acknowledgment

Agreement Confirmation

BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICE.

Legal Capacity

You represent that you have the legal capacity to enter into this agreement and that your use of the Service will not violate any applicable law or regulation.

Terms Version: 2.1

Effective Date: June 9, 2025

Last Updated: June 10, 2025