BAT Terms of Service

These Terms of Service (the "Terms") govern access to and use of BAT, including the BAT Brain, BAT Chat, content generation tools, social media scheduler, crawler, integrations, application programming interfaces, websites, dashboards, and related services (collectively, the "Service"). The Service is provided by Bright Wing LLC, a Wyoming limited liability company ("Bright Wing," "we," "us," or "our").

By creating an account, clicking to accept, accessing, or using the Service, you agree to these Terms and to the Privacy Policy. If you use the Service on behalf of a business, agency, client, or other organization, you represent that you have authority to bind that organization and all references to "you" include that organization.

1. Eligibility and Account Registration

1.1 Age requirement. The Service is intended only for individuals who are at least 18 years old. You may not use the Service if you are under 18.

1.2 Account information. You must provide accurate, current, and complete account and billing information and keep it updated. You are responsible for all activity under your account, workspace, API keys, credentials, OAuth connections, and collaborator accounts.

1.3 Security. You are responsible for maintaining the confidentiality of your login credentials and for promptly notifying us of suspected unauthorized access. We are not responsible for losses caused by your failure to secure your account or devices.

2. Description of the Service

BAT is an AI-powered marketing platform intended to help marketers, businesses, and agencies generate, organize, schedule, publish, analyze, and manage marketing content. The Service may include:

• BAT Brain, which stores and processes brand data, uploaded files, public information, competitor information, crawled data, embeddings, summaries, and other knowledge used to generate outputs.
• BAT Chat, which allows users to interact with AI systems through conversational prompts and responses.
• Content generation tools for social media posts, campaigns, captions, copy, creative briefs, plans, and related marketing materials.
• Social media scheduling and publishing tools that may post content to connected third-party platforms when authorized or triggered by the user.
• Crawler and research features that may retrieve, process, summarize, store, index, or analyze public web content, third-party information, and user-designated sources.
• Future automated marketing, campaign, ad platform, budget, optimization, or workflow features that may be introduced over time.

The Service is a tool and an intelligent marketing partner, but it does not replace human judgment, legal review, platform compliance review, professional advice, or business decision-making.

3. User Content, Ownership, and License to Operate the Service

3.1 Your ownership. As between you and Bright Wing, you retain ownership of the content, data, files, prompts, brand materials, documents, social media assets, client materials, and other information that you upload, submit, connect, import, store, generate, or make available through the Service ("User Content"), subject to any rights held by third parties.

3.2 License to Bright Wing. You grant Bright Wing and its service providers a worldwide, non-exclusive, sublicensable, transferable, royalty-free license to host, store, copy, process, transmit, display, index, analyze, summarize, embed, transform into technical artifacts such as vectors and metadata, use, and otherwise handle User Content as necessary or useful to provide, maintain, secure, troubleshoot, improve, train, evaluate, develop, and operate the Service and related AI systems.

3.3 Your responsibility. You are solely responsible for User Content, including its legality, accuracy, quality, ownership, intellectual property status, privacy compliance, confidentiality status, and suitability for use. You represent and warrant that you have all rights, consents, notices, permissions, licenses, and legal bases required to provide User Content to the Service and to allow Bright Wing to process it under these Terms.

3.4 Confidential and sensitive data. You may submit confidential, proprietary, personal, sensitive, or regulated data only if you have the legal right to do so and only at your own risk. Unless we sign a separate written agreement specifically covering a regulated data regime, the Service is not designed to satisfy special compliance obligations such as HIPAA, PCI DSS, GLBA, FERPA, or sector-specific regulated data handling requirements. You are solely responsible for determining whether the Service is appropriate for such data.

3.5 Collaborators. If you invite collaborators, team members, clients, contractors, or agency personnel into a workspace, you are responsible for their access, actions, permissions, exports, downloads, publications, and misuse of User Content.

4. AI Outputs and Generated Content

4.1 Ownership of outputs. To the extent permitted by applicable law and subject to third-party rights, Bright Wing does not claim ownership of AI-generated outputs created through your use of the Service ("Outputs"). As between you and Bright Wing, you own the Outputs you generate.

4.2 No guarantee of originality or rights. AI systems may produce similar or identical outputs for different users, may incorporate common phrases or ideas, and may generate content that is inaccurate, incomplete, offensive, biased, misleading, infringing, non-copyrightable, or otherwise unsuitable. Bright Wing does not guarantee originality, exclusivity, copyrightability, trademark clearance, non-infringement, factual accuracy, legal compliance, platform compliance, or commercial value of any Output.

4.3 Mandatory human review. You are solely responsible for reviewing, editing, validating, fact-checking, approving, and legally clearing all Outputs before using, publishing, distributing, relying on, or monetizing them. You assume all risk associated with use of Outputs.

4.4 No professional advice. Outputs are not legal, financial, tax, medical, accounting, compliance, advertising-law, intellectual property, or other professional advice. You must consult qualified professionals where appropriate.

5. BAT Brain, Crawling, Public Data, and Competitor Data

5.1 BAT Brain storage. BAT Brain may store, index, summarize, embed, analyze, and retain information that you upload or connect, information produced by the Service, and information obtained from public or third-party sources. This may include internal documents, brand guidelines, customer or prospect data, competitor information, website content, social content, metadata, prompts, Outputs, and derived insights.

5.2 Crawling authorization. When you provide websites, sources, keywords, competitors, social pages, URLs, integrations, or other instructions to the Service, you authorize Bright Wing to access, crawl, retrieve, process, store, and analyze those sources to operate and improve the Service, subject to technical and legal limitations we may apply.

5.3 No legality or accuracy guarantee. Publicly available information may still be protected by intellectual property, privacy, contractual, database, platform, or other rights. Bright Wing does not guarantee that crawled, scraped, indexed, or retrieved information is lawful for your use, accurate, complete, current, attributable, or free from third-party rights. You are solely responsible for how you use such information.

5.4 Source attribution. The Service may or may not attribute sources. Absence of attribution does not mean content is original, free to use, accurate, licensed, or cleared. You are responsible for verifying sources and obtaining any needed permissions.

5.5 Restrictions. You may not use the Service to bypass paywalls, authentication, robots.txt restrictions, rate limits, anti-circumvention technology, access controls, platform terms, or legal restrictions. We may limit, suspend, or refuse crawling activities at any time.

6. Social Media Scheduling, Publishing, and Automated Actions

6.1 Connected accounts. If you connect social media, advertising, storage, analytics, or other third-party accounts, you authorize Bright Wing to access, store, use, refresh, and transmit tokens, account data, pages, profiles, metadata, files, drafts, campaign data, and other information needed to provide the integration.

6.2 User-triggered automation. When you schedule, approve, trigger, enable, or configure the Service to publish, generate, send, optimize, crawl, recommend, spend, or take any other automated action, you authorize Bright Wing to perform that action on your behalf. You are responsible for all consequences of those actions.

6.3 Publishing responsibility. You are solely responsible for all content posted, scheduled, submitted, advertised, distributed, or made public through the Service, including claims, disclosures, hashtags, endorsements, testimonials, regulated product claims, intellectual property clearance, platform rules, ad policies, privacy notices, contest rules, and required legal disclosures.

6.4 Third-party platform actions. Bright Wing is not responsible for social media platform decisions, API changes, content removal, reduced reach, account restrictions, account suspension, bans, demonetization, review delays, failed posts, duplicated posts, missed posts, analytics errors, or loss of platform access.

6.5 Future campaign and budget tools. If the Service later allows ad buying, campaign management, budget allocation, bidding, optimization, or spend-related actions, you are solely responsible for authorizing budgets, reviewing campaigns, monitoring spend, complying with ad platform terms and applicable laws, and paying all charges or third-party fees.

7. Acceptable Use and Prohibited Conduct

You agree not to use, authorize, encourage, or assist others in using the Service to:

• Violate any law, regulation, court order, contractual duty, platform policy, advertising rule, intellectual property right, privacy right, publicity right, or data protection requirement.
• Generate, upload, distribute, or publish illegal, harmful, misleading, deceptive, fraudulent, defamatory, infringing, harassing, hateful, discriminatory, exploitative, sexually explicit involving minors, violent, extremist, or otherwise unlawful content.
• Create fake reviews, fake testimonials, fake engagement, undisclosed endorsements, impersonations, deceptive claims, misleading earnings claims, manipulative political or commercial messaging, or other content that may mislead the public.
• Send spam, unlawful marketing, unauthorized messages, or communications that violate CAN-SPAM, TCPA, platform messaging policies, or similar laws.
• Collect, upload, use, or process personal data without required rights, notices, consents, legal bases, or opt-out mechanisms.
• Infringe, misappropriate, or violate copyrights, trademarks, trade secrets, database rights, confidential information, or other third-party rights.
• Attempt to reverse engineer, interfere with, overload, scrape, probe, scan, bypass, disrupt, or compromise the Service, our systems, our providers, or other users.
• Use the Service to develop competing models, datasets, products, or services, except as expressly authorized in writing.
• Use the Service in high-risk systems where failure could cause death, personal injury, physical harm, financial loss, legal penalties, or other significant harm without independent expert review and controls.
• Misrepresent the Service, Outputs, data sources, your relationship with Bright Wing, or the nature of AI-generated content where disclosure is legally required.

We are not required to monitor User Content or Outputs, but we may review, remove, restrict, disable, or report content or accounts where we believe there is a violation of these Terms, law, platform requirements, security obligations, or third-party rights.

8. Customer Compliance Obligations

You are solely responsible for compliance with all laws and rules applicable to your business, clients, data, content, campaigns, jurisdictions, industries, and users. This includes advertising and marketing laws, consumer protection laws, intellectual property laws, privacy and data protection laws, platform terms, anti-spam laws, influencer disclosure rules, contest and promotion rules, sector-specific rules, and international laws. Bright Wing does not assume your compliance obligations.

If you are an agency or service provider, you are solely responsible for obtaining client approvals, client data rights, client instructions, and client consents before using the Service on a client's behalf.

9. Subscriptions, Billing, Credits, and Refunds

9.1 Subscriptions. The Service may be offered through monthly, annual, usage-based, credit-based, trial, promotional, or custom plans. Plan features, limits, credits, and prices may change over time.

9.2 Credits. Credits are a limited, revocable contractual right to use eligible Service features during the applicable billing cycle. Credits have no cash value, are not legal tender, are not property, are non-transferable unless we allow it, and are non-refundable. Unused credits expire at the end of each billing cycle unless a written plan expressly states otherwise. Additional credits may be purchased and may expire according to the terms shown at purchase.

9.3 Payment authorization. You authorize Bright Wing and its payment processors to charge all subscription fees, credit purchases, taxes, overages, and other amounts due using your payment method. You are responsible for maintaining valid payment information.

9.4 Failed payment. If payment fails, is reversed, disputed, charged back, or not received, we may suspend, restrict, downgrade, or terminate your account, workspace, integrations, access to User Content, credits, exports, and Service features. You may permanently lose access to your account, workspace, and data.

9.5 Refund policy. Except where required by law or expressly agreed by Bright Wing in writing, fees and credits are non-refundable. Refund requests may be reviewed case-by-case at Bright Wing's sole discretion, and any discretionary refund does not create a right to future refunds. We may deny refunds for used services, expired credits, partially used billing periods, violation of these Terms, abuse, excessive usage, account suspension, or failure to cancel before renewal.

9.6 Taxes. You are responsible for all taxes, duties, levies, and governmental charges associated with your purchase or use of the Service, excluding taxes on Bright Wing's net income.

10. Third-Party Services and Integrations

The Service may depend on or connect to third-party AI providers, cloud hosts, payment processors, analytics providers, data providers, social platforms, ad platforms, email providers, authentication providers, storage services, and other third-party services. Your use of third-party services may be governed by their own terms and privacy policies. Bright Wing does not control and is not responsible for third-party services, data, outages, security incidents, policy changes, API changes, pricing, account actions, or use of your data by third parties.

11. Privacy, Security, and Data Processing

Your use of the Service is subject to our Privacy Policy. You acknowledge that Bright Wing may collect, use, store, share, and otherwise process personal information, User Content, usage data, integration data, cookies, analytics data, and derived data as described in the Privacy Policy and these Terms.

We use commercially reasonable administrative, technical, and organizational measures designed to protect the Service. However, no system, network, storage environment, transmission method, AI system, or integration is completely secure. You use the Service and submit data at your own risk.

Additional data processing terms for business customers are included in Appendix A.

12. Bright Wing Intellectual Property

The Service, software, workflows, models, prompts, prompt templates, interfaces, designs, code, algorithms, crawlers, databases, documentation, brand features, trademarks, and other technology are owned by Bright Wing or its licensors. Except for the limited right to use the Service under these Terms, no rights are transferred to you.

You may not copy, resell, sublicense, frame, white-label, modify, create derivative works from, reverse engineer, benchmark publicly without consent, or exploit the Service except as expressly permitted by these Terms or a written agreement.

13. Feedback

If you provide ideas, suggestions, feedback, feature requests, bug reports, or recommendations, you grant Bright Wing a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction, attribution, or compensation.

14. Service Changes, Beta Features, and Availability

We may add, remove, suspend, restrict, modify, replace, or discontinue any feature, plan, credit allocation, integration, model, workflow, output type, crawler, scheduler, or other part of the Service at any time. The Service may include beta, experimental, preview, or early access features, which may be unstable, inaccurate, incomplete, discontinued, or changed without notice.

We do not guarantee uptime, availability, support response times, continuity, data preservation, compatibility, latency, performance, reach, engagement, conversion rates, revenue, growth, ad performance, SEO results, platform acceptance, or campaign success.

15. Suspension and Termination

We may suspend, restrict, downgrade, delete, or terminate your account, workspace, integrations, credits, or access to the Service if we believe you violated these Terms, failed to pay, created risk, caused harm, violated law or platform rules, used the Service abusively, or created security, legal, reputational, operational, or financial risk to Bright Wing or others.

Where reasonably practicable, we may attempt to provide advance notice. However, we may act without prior notice if we believe immediate action is necessary or appropriate. Upon termination or suspension, you may lose access to User Content, Outputs, credits, integrations, workflows, scheduled posts, and account data. We are not responsible for preserving or exporting your data after suspension or termination.

You may cancel your subscription according to the cancellation process in the Service. Cancellation stops future renewal but does not entitle you to refunds except as stated in Section 9.

16. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, OUTPUTS, BAT BRAIN, CRAWLED DATA, PUBLIC DATA, THIRD-PARTY DATA, INTEGRATIONS, AUTOMATED ACTIONS, RECOMMENDATIONS, ANALYTICS, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." BRIGHT WING DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND COURSE OF DEALING.

BRIGHT WING DOES NOT WARRANT THAT THE SERVICE OR OUTPUTS WILL BE ACCURATE, ORIGINAL, LAWFUL, COMPLIANT, SECURE, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE, PROFITABLE, SUITABLE FOR YOUR PURPOSES, OR ACCEPTED BY ANY PLATFORM OR AUDIENCE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHT WING AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR LOST-PROFIT DAMAGES; LOSS OF DATA; LOSS OF GOODWILL; LOSS OF BUSINESS; LOSS OF REVENUE; LOSS OF USE; PLATFORM SUSPENSION; ACCOUNT TERMINATION; FAILED POSTS; DUPLICATE POSTS; MISSED POSTS; AD SPEND; CLAIMS ARISING FROM OUTPUTS; CRAWLED DATA; USER CONTENT; PUBLICATION; AUTOMATED ACTIONS; THIRD-PARTY SERVICES; SECURITY INCIDENTS; OR UNAUTHORIZED ACCESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHT WING'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) USD $100; OR (B) THE AMOUNTS YOU PAID TO BRIGHT WING FOR THE SERVICE IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, WARRANTY, AND OTHERWISE. Some jurisdictions do not allow certain exclusions or limitations, so some limitations may not apply to you. In those jurisdictions, liability is limited to the maximum extent permitted by law.

18. Indemnification

You will defend, indemnify, and hold harmless Bright Wing and its members, managers, officers, employees, contractors, affiliates, agents, licensors, and service providers from and against all claims, liabilities, damages, losses, penalties, fines, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• Your access to or use of the Service.
• User Content, Outputs, prompts, data, campaigns, public posts, scheduled posts, automated actions, or use of crawled or third-party information.
• Your violation of these Terms, law, platform rules, third-party rights, privacy obligations, advertising rules, or professional obligations.
• Your clients, collaborators, employees, contractors, agency users, or end users.
• Your products, services, claims, offers, campaigns, websites, landing pages, promotions, contests, endorsements, testimonials, or marketing practices.
• Any allegation that User Content, Outputs, or your use of the Service infringes, misappropriates, violates, harms, misleads, or defrauds any person.

19. Dispute Resolution, Arbitration, and Class Action Waiver

19.1 Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Wyoming, USA, without regard to conflict of law rules, except that the Federal Arbitration Act governs the arbitration agreement below.

19.2 Informal resolution. Before filing a claim, you must send a written notice describing the dispute to Bright Wing at the contact address below and allow 30 days for informal resolution.

19.3 Binding arbitration. Except for disputes eligible for small claims court or requests for injunctive relief relating to intellectual property, security, unauthorized access, or misuse of the Service, all disputes will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules. Arbitration may occur remotely unless the arbitrator requires otherwise. The seat and venue of arbitration will be Wyoming, USA.

19.4 No class actions. Disputes must be brought only on an individual basis. You and Bright Wing waive any right to participate in a class action, collective action, private attorney general action, representative action, consolidated action, or jury trial to the maximum extent permitted by law.

19.5 Opt-out. You may opt out of this arbitration agreement within 30 days after first accepting these Terms by sending written notice to Bright Wing at the contact address below. The opt-out notice must include your name, account email, and a clear statement that you opt out of arbitration.

20. International Use, Export Controls, and Sanctions

The Service may be accessible globally, but we do not represent that it is lawful, available, or appropriate in every jurisdiction. You are responsible for complying with local laws where you access or use the Service. You may not use the Service if you are located in, ordinarily resident in, organized under the laws of, or acting on behalf of a sanctioned country, person, or entity, or where use would violate export controls, sanctions, or applicable law. We may restrict access by geography, user, account, or use case at any time.

21. Changes to These Terms

We may update these Terms from time to time. The updated Terms will be effective when posted or otherwise communicated unless a later date is stated. Your continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Service.

22. Miscellaneous

These Terms, together with the Privacy Policy and any order form or written agreement that expressly references these Terms, are the entire agreement between you and Bright Wing regarding the Service. If any provision is unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law. No waiver is effective unless in writing. Sections that by their nature should survive will survive termination, including ownership, licenses, disclaimers, limitations of liability, indemnification, dispute resolution, and payment obligations.

23. Contact

Bright Wing LLC
30 N Gould St Ste R, Sheridan, WY 82801, United States
Website: https://www.usebat.ai
Contact: [email protected]