Terms of Service
Last updated: June 17, 2025
Welcome to the Batesky Website (www.batesky.com) and to the Batesky Application (www.batesky.app), a social networking application provided by Batesky Entertainment! We're excited to have you on board as a user. Batesky runs on the Authenticated Transfer Protocol ("AT Protocol"), a decentralized social networking protocol that supports many different kinds of services. These Terms of Service apply to the Batesky Website and Batesky Application service.
Before you dive into using the Batesky App ("Application"), please take a moment to carefully read these Terms. This document outlines our legal obligations to each other and they apply to your use of our services.
Batesky is available as a desktop application at batesky.app and through our website via batesky.com (each a “Site”). Your use of Batesky is subject to these Terms of Service (“Terms”), as well as the Batesky Community Guidelines and Batesky Privacy Policy, which are referenced in our Terms and available to read separately.
These terms only apply to social networking that happens on Batesky App services. If you’re using another social networking application on the AT Protocol that isn’t Batesky (we call this a “Developer Application”), the developers of the other service will provide the terms and conditions that govern your experience.
When we say “Batesky,” “we,” “us,” and “our” in these Terms, we mean Sky Entertainment, LLC.
Important Note: These Terms contain an agreement to resolve most disputes between us through arbitration (instead of suing in court) and to waive jury trials and class actions. Please read Sections 14 and 15 carefully.
In some cases below, we’ve added some summary text in italics to make these Terms easier to navigate, but please remember that the full text of these Terms is the most important.
Table of Contents
- Who can use Batesky App?
- User Content
- General Prohibitions and Enforcement
- Termination
- Appeals
- Open Source
- DMCA/Copyright Policy
- Links to Third Party Websites or Resources
- Updates
- Warranty Disclaimers
- Indemnity
- Limitations of Liability
- Governing Law, Forum Choice and Class Action Waiver
- Dispute Resolution
- General Terms
- Contact Information
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Who Can Use Batesky?
A. Eligibility.
To use Batesky, you must be at least 18 years old and legally permitted to use Batesky App based on the laws in your country.B. Accounts.
Batesky utilizes Bluesky accounts (“Account”). To use Batesky, you must create a Bluesky account via bsky.app. Don’t share your Account with others, because you’re responsible for all activities under your Account, whether or not you know about them. If you’re using Batesky on behalf of a company or organization, you confirm that you have the authority to represent your company or organization. If you believe your Account created through Bluesky Social has been compromised, report it to Bluesky at support@bsky.app. -
User Content.
- User Content. “User Content” means any type of content you make available on Batesky App (“Content”), such as your posts, profile, photos, direct messages, or links.
- Your Responsibility for User Content. You, not Batesky, are solely responsible for all of your User Content. Batesky does not control others’ use of your content.
- Batesky’s Use of User Content: User Content is only used only in connection with: (a) providing Batesky App and Content, including by sharing User Content throughout Bluesky App and the AT Protocol as well as developing and improving our current and future offerings; and (b) promoting and marketing Batesky Website (www.batesky.com) and Batesky App (www.batesky.app).
- Batesky’s Permission to Use Your User Content. You keep your ownership of User Content, subject to the license below. Batesky does not own rights to your User Content except as provided in that license. By sharing User Content through Bluesky Social, you grant us permission to:
- Use User Content to develop, provide, and improve Batesky App and any of our future offerings. For example, we can store and present User Content to other users in Batesky App. This allows us to show your posts in the Batesky web application to other users;
- Modify or otherwise utilize User Content in any media. This includes reproducing, preparing derivative works, distributing, performing, and displaying your User Content. For example, we can resize your posts to fit the Bluesky mobile or desktop app, or feature examples of User Content inside the App or Website for promotional purposes; or
- Grant others the right to take the actions above. For example, we can grant content moderation tools access to User Content in order to monitor Batesky App;
- Remove or modify User Content for any reason, including User Content that we believe violates these Terms, the Batesky Community Guidelines, or other policies. The license is limited, worldwide, non-exclusive, and royalty-free.
- Deletion of User Content: If you delete your account we will use reasonable efforts to remove it from Batesky, subject to any requirements under applicable law and the Bluesky Privacy Policy. Given the design of the open network, it is not guaranteed that Batesky will be able to do so comprehensively. If users have generated User Content on other services provided by the AT Protocol, Batesky is not responsible for that content, and users must request removal from the other service(s).
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General Prohibitions and Enforcement.
- General Prohibitions. We want users to enjoy Batesky, so we have created a set of Batesky Community Guidelines that users must follow when using the service. You must not do, try to do, or encourage others to do, any of the behaviors prohibited by the Batesky Community Guidelines. We encourage you to report violations of these Terms, the Batesky Privacy Policy, or the Batesky Community Guidelines by using in-app reporting features or the in-app feedback form.
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Termination.
- Your Right to Termination: If you want to delete your Account, you can do so through your account settings. Your account, as long as it is hosted under the .bsky.social domain can only be terminated by Bluesky Social, Bluesky retains the right to keep a copy of your data for trust and safety purposes. These Terms will survive termination of your Account.
- Bluesky's Right to Termination: Bluesky reserves the right to suspend or terminate your account and/or specific services offered within Bluesky Social without notice, at their discretion, for the following reasons:
- Bluesky Social believes you’ve violated their Bluesky Terms, the Bluesky Social Privacy Policy, the Bluesky Social Copyright Policy, or the Bluesky Social Community Guidelines;
- Bluesky Social is required to do so due to a court order, legal requirement, or regulatory requirement;
- Continuing to allow your account to be active, giving you access to some or all services, or hosting your content creates risk for Bluesky, other users, or third parties.
- In addition to Bluesky's right to termination, we as Batesky take harmful or illegal content very seriously. Batesky also has the Right to Termination: Batesky reserves the right to suspend your access to the Application at our discretion for the following reasons: 1. Batesky believes you've violated our Batesky Terms, the Batesky Privacy Policy, the Batesky Copyright Policy, or the Batesky Community Guidelines.
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Appeals. You can appeal any enforcement decision from these Terms, including suspension or termination, by emailing moderation@batesky.com.
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Open Source. Some of Batesky's software is subject to open source licenses from MIT or Apache. Those portions of the software may be used in accordance with those open source licenses, for the MIT and Apache license of Bluesky and/or the AT Protocol please visit their GitHub.
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DMCA/Copyright Policy. Please see Batesky's Copyright Policy at https://batesky.com/support/copyright for more information.
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Links to Third Party Websites or Resources. Batesky allows you to access third-party websites or other resources, including Developer Applications on the AT Protocol. The use of any third-party services is at your own risk, and Batesky isn’t responsible for any third-party services or content available through them.
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Updates. We update our terms from time to time, and will either post the updated Terms or send other communications to let you know about any changes. If you keep using Batesky, you agree to the updated Terms. If you don’t agree, you must stop using Batesky.
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Warranty Disclaimers.
Summary: We work hard to offer great services, but there are certain aspects that we can’t guarantee.Our Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT BATESKY (SKY ENTERTAINMENT) WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Batesky takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, unreliable, untrue, untimely, incomplete, objectionable, inappropriate, or otherwise unsuited to your purpose.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. Batesky does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
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Indemnity.
Summary: If someone brings a legal claim against us based on your actions on Batesky, you are responsible for our defense in, and the consequences of, that claim.You will indemnify, defend, and hold harmless Batesky and its affiliates, and their respective officers, directors, employees, and agents ("Batesky Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of Batesky App, (b) your User Content, or (c) your violation of these Terms. Batesky may assume the exclusive control and defense of any matter for which you have a duty to indemnify Batesky and, if we do, you agree to cooperate with our defense of those claims.
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Limitation of Liability.
Summary: This section limits what you can recover from us in a dispute to any direct damages that you suffer up to $100. This doesn’t apply where it would be illegal to do so.- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BATESKY PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE BATESKY OR FOR ANY ERROR OR DEFECT IN BATESKY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BATESKY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT BATESKY SHALL NOT BE RESPONSIBLE OR LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY THIRD PARTY’S CONTENT (INCLUDING ANY USER CONTENT), WHETHER OR NOT SUCH CONTENT IS ACCESSED THROUGH BATESKY APP, AND THAT ANY RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE BATESKY PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE BATESKY APP EXCEED ONE HUNDRED DOLLARS ($100).
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BATESKY AND YOU.
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Governing Law, Forum Choice and Class Action Waiver.
Summary: All disputes you have with us will be resolved by binding arbitration where permitted. If we need to go to court, it will be in the courts of Ireland under Irish law. You agree not to participate in a class-action lawsuit or class-wide arbitration against us.- Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Arbitration Act 2010, Irish arbitration law, and the laws of Ireland, without regard to conflict of laws provisions. Except as otherwise expressly set forth in Section 15 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and Batesky are not required to arbitrate will be the courts of Ireland, and you and Batesky each waive any objection to jurisdiction and venue in such courts.
- Class Action Waiver. YOU AND BATESKY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of Section 14 “Dispute Resolution” shall be null and void.
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Dispute Resolution.
Summary: If there is a dispute between us, with limited exceptions, we’ll resolve it through arbitration. Note that this section does not apply to users who live in the E.U. or any place where arbitration is not permitted.-
Informal Resolution. Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. You can do this by sending us a written description of the dispute, including your name, an email or a phone number for us to contact you, your Bluesky Social account, the nature of the complaint, and how you would like to resolve it, to support@batesky.com. If the dispute is not resolved within sixty (60) days after we receive your written notice, we agree to proceed with further dispute resolution as outlined below. Attempting an informal resolution process is required before starting any formal dispute resolution. During this process, any applicable statutes of limitations and deadlines for arbitration filing fees or other requirements will be put on hold.
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Mandatory Arbitration of Disputes. After the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the "informal resolution" process (above), you and Batesky agree to resolve any dispute, disagreement, or claim relating to these terms or our services through final and binding individual arbitration. Arbitration will not be in a class, representative or consolidated action or proceeding. You and Batesky agree that the Irish Arbitration Act 2010 governs the interpretation and enforcement of these Terms, and that you and Batesky are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
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Exceptions. As limited exceptions to Section 14(b) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
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Conducting Arbitration and Arbitration Rules.
Summary: The Arbitration Institute of Ireland's Consumer Arbitration Rules will apply. You may be able to choose the types of evidence you and we can submit depending on the size of your claim. Arbitration will be near where you live unless we agree otherwise.
The arbitration will be conducted by the Arbitration Institute of Ireland ("AII") under its Consumer Arbitration Rules (the "AII Rules") then in effect, except as modified by these Terms. The AII Rules are available at www.arbitrationireland.ie or by calling +353 1 676 1200. If you want to start arbitration, you must submit a written Demand for Arbitration to AII and give notice to the other party as specified in the AII Rules. The AII provides a form Demand for Arbitration at www.arbitrationireland.ie.
Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. Both parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. -
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you, unless the arbitrator determines your claims were frivolous. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
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Injunctive and Declaratory Relief. Except as provided in Section 14(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
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Severability.
Summary: If a court decides a part of these Terms is unenforceable, the rest of these Terms still apply.With the exception of Section 14(b) “Class Action Waiver,” if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
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General Terms.
Summary: The following standard legal provisions are included to permit the Terms to function as expected. For example, they provide that these Terms cover the entire agreement about Batesky and that you may not transfer your Account to anyone else.- Entire Agreement. These Terms (including the Batesky's Community Guidelines, the Batesky Copyright Policy, and Batesky App Privacy Policy) cover the entire agreement between Batesky and you about Batesky App. These Terms replace all prior agreements or understandings between Batesky and you about Batesky App. If an arbitrator or court determines that any part of these Terms is invalid or unenforceable, we’ll enforce that part to the extent permissible and the other parts of these Terms will still be effective.
- Notices. Batesky will provide any notices by posting them in the App or on the Site or by sending other communications. You and Batesky agree to communicate electronically.
- Waiver. If Batesky doesn’t enforce every right or provision in these Terms, we still have the right to enforce these rights and provisions in the future. Waivers must be written and signed by an authorized Batesky representative to be effective. Exercising a right doesn’t impact other rights, unless specified otherwise in these Terms.
- Construction. Both you and Batesky will be treated equally when it comes to interpreting these Terms. For purposes of these Terms, the words “include,” “includes,” and “including” are meant to be followed by the words “without limitation.”
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Contact Information. If you have any questions about these Terms or Batesky Application, please contact Batesky at support@batesky.com.