Terms of Service
Terms of Service
These Terms of Service ("Terms") govern your access to and use of Bananapie (the "Service"). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.
For anything in these Terms you can reach us at [email protected].
Independence notice. Bananapie is an independent product. We are not affiliated with, endorsed by, or sponsored by Google, Alphabet, or any of their subsidiaries. We may, like many AI tools, route certain requests to third-party models such as Google's Gemini family (including the model occasionally referred to as "Nano Banana"), OpenAI, Anthropic, ByteDance, Alibaba, and others, via their public APIs and subject to their terms. References to those models on our marketing pages are descriptive only.
1. Eligibility and account
You must be at least 16 years old to use the Service. If you are using the Service on behalf of a company or organization, you confirm that you have authority to bind that entity to these Terms.
You are responsible for maintaining the security of your account credentials, including OAuth, magic links, and passkeys. You are responsible for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access.
We may suspend or terminate accounts that violate these Terms, abuse the Service, or are inactive for an extended period.
2. The Service
Bananapie provides AI-powered creative tooling, including image and media generation built on third-party AI models. Output quality is inherently probabilistic and may vary between runs.
Beta features. Some features are explicitly labeled as Beta, Preview, or Coming Soon. These features may change, become unstable, or be discontinued at any time without notice, and they are excluded from any service-level commitments. We do not owe additional compensation, credit refunds, or service extensions for changes to Beta features beyond what these Terms otherwise provide.
3. Subscriptions, one-time packs, and credits
Subscriptions renew automatically at the end of each billing period (monthly or annually) at the then-current price. You may cancel at any time from Settings → Billing; cancellation takes effect at the end of the current period.
One-time pay-as-you-go packs are charged once and add credits to your balance.
Credits are the unit of consumption inside the Service. Different models cost different amounts of credits, and the cost of each job is shown before you confirm it. Credits are pre-deducted when a task starts: if the task fails, the pre-deducted amount is returned; if it succeeds, the deduction is finalized.
Credits have the following validity:
- Subscription credits are valid until the end of the current billing window — monthly credits expire at the end of that monthly cycle, annual credits at the end of that annual cycle. Unused subscription credits are forfeited at expiry.
- Credits from one-time packs are effectively permanent.
- Credits are not cash, are not transferable, and cannot be redeemed for currency.
- When an order is refunded under the Money-Back Guarantee, every credit issued by that order is invalidated.
Plan changes. Upgrades and downgrades are processed differently. Upgrades (including monthly → annual) take effect immediately: a new subscription is created on the target plan, the old subscription is pro-rata refunded based on its remaining time and unused credits, less payment-processor fees, and the new plan's credits are issued in full on the change date. Downgrades (including annual → monthly) take effect at the end of your current billing period: you retain your current plan's features and credits until then, and the new plan begins at the next renewal at the new price. Switches between same-tier intervals follow the same rule (interval-up is treated as an upgrade, interval-down as a downgrade).
Pricing and taxes. Prices may change; if a price change applies to your current plan we will give you advance notice before it takes effect on your renewal. Taxes (VAT, GST, sales tax) are added at checkout where applicable based on your billing country.
Failed payments. If a recurring charge fails, we will retry over a short window. The Service may be paused until payment succeeds.
Refunds are governed by the Refund Policy, which is incorporated into these Terms.
4. Acceptable use
You agree not to use the Service to:
- Generate, distribute, or solicit illegal content, including child sexual abuse material (CSAM), incitement to violence, or content that violates applicable export controls.
- Generate non-consensual intimate imagery, sexual content involving minors, or deceptive deepfakes of real people without their explicit consent.
- Harass, defame, threaten, or impersonate any individual or organization.
- Infringe intellectual property, privacy, or publicity rights.
- Conduct election interference, coordinated political manipulation, or large-scale disinformation campaigns.
- Probe, scan, or attempt to disrupt the Service or its underlying providers, or circumvent rate limits, billing, or access controls.
- Resell, sublicense, or wrap the Service into a competing product without prior written agreement.
We may remove content, suspend access, and terminate accounts that violate this section, with or without notice.
5. Reporting infringing or abusive content
If you believe content generated, hosted, or shared through the Service infringes your intellectual-property rights, violates your privacy or publicity rights, or otherwise violates these Terms, send a report to [email protected] with:
- A description of the content and where it appears (URL or job ID where possible);
- A description of the right being asserted and your relationship to it;
- Your contact information;
- A good-faith statement that the use is not authorized.
We aim to acknowledge reports within 3 business days and to act on valid reports promptly. We may remove content, restrict accounts, and notify the responsible user. Repeat infringers will have their accounts terminated. False or bad-faith reports may also be subject to action.
6. Export controls and sanctions
By using the Service you represent and warrant that you are not located in, ordinarily resident in, or accessing the Service on behalf of any individual or entity in a jurisdiction subject to comprehensive sanctions (including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not on any restricted-party list maintained by the United States, the European Union, the United Kingdom, or other applicable jurisdictions. You agree not to use the Service in violation of any applicable export-control or sanctions laws.
7. Your content and outputs
Inputs. You retain ownership of the prompts, images, and other materials you submit. You grant us a worldwide, non-exclusive, royalty-free license to process those inputs solely to operate, secure, and improve the Service, including transmitting them to the third-party AI providers that fulfill your request.
Outputs. Subject to your compliance with these Terms and applicable third-party model terms, you own the outputs you generate from your inputs to the extent permitted by law. AI outputs may not be uniquely yours — similar outputs can be produced by other users — and copyright in raw AI-generated material may not be enforceable in some jurisdictions. You are responsible for ensuring your use of any output complies with applicable law and third-party rights.
Our materials. The Service, the Bananapie name and logo, the user interface, and underlying software are owned by us or our licensors. Nothing in these Terms transfers any of those rights to you.
Third-party model terms. When your request is fulfilled by a third-party AI provider (for example Anthropic, OpenAI, or Google), that provider's terms also apply to that specific request.
Feedback. If you send us suggestions, ideas, bug reports, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback into the Service or any other product, without any obligation or attribution to you. You waive any rights in feedback that would interfere with this license.
8. Team and organization plans
For team plans, the organization owner is the contracting party and is responsible for billing. The owner can invite members, allocate credits, and view per-member usage analytics. Members removed from an organization, or who leave it, lose access to the organization's resources.
9. AI disclaimer and "as is"
The Service uses generative AI. Outputs may be inaccurate, biased, offensive, or not suitable for your use case. The Service is not a substitute for professional advice (medical, legal, financial, or otherwise) and must not be relied upon for high-stakes decisions. We provide the Service "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of liability
To the maximum extent permitted by law, our aggregate liability for any claim arising out of or related to the Service is limited to the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost revenue, or lost data, even if we have been advised of the possibility.
Some jurisdictions do not allow these limits, in which case the limits apply only to the extent permitted.
11. Indemnification
You agree to defend, indemnify, and hold us harmless from any third-party claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your content, or your violation of these Terms.
12. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, abuse the Service, fail to pay, or if we are required to do so by law. On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law) will survive.
13. Changes to the Terms
We may update these Terms from time to time. For material changes, we will notify active users at least 30 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
14. Governing law and disputes
These Terms are governed by the laws applicable at our place of business. Disputes will be resolved through good-faith negotiation first; if that fails, through the competent courts of our place of business, except where mandatory consumer-protection laws of your country of residence give you a different forum.
15. Miscellaneous
If any provision of these Terms is unenforceable, the rest remain in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.