Terms of Service

1. Acceptance of Terms

By accessing or using Banana Gene ("the Service", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms") and all referenced policies. If you do not agree to these Terms, please do not use the Service. These Terms constitute a legally binding agreement between you and Banana Gene.

Banana Gene is operated by bananaimag.com ("Operator"). References to "Banana Gene", "we", "us", or "our" in these Terms refer to bananaimag.com.

2. Description of Service

Banana Gene provides AI-powered image generation and editing tools (the "Service"). The Service is provided on a subscription or credit-based basis. Payments are processed by Paddle Commerce Inc. and Creem (Armitage Labs OÜ), each acting as the Merchant of Record for the transactions it processes. By purchasing any subscription or credit pack, you agree to the applicable payment processor's Terms of Service.

3. Eligibility

You must be at least 16 years of age (or the minimum legal age in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have obtained parental or guardian consent to use the Service. Banana Gene does not knowingly provide services to individuals who do not meet these requirements.

4. User Accounts

You must create an account to access the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@bananaimag.com if you suspect unauthorized access to your account. We reserve the right to suspend or terminate accounts that violate these Terms.

5. Subscriptions and Billing

Monthly Subscriptions: Billed monthly on the same date each month until cancelled.
Annual Subscriptions: Billed annually at a discounted rate.
Auto-Renewal: All subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
Credits: Subscription credits are added monthly and reset at each renewal. Unused subscription credits do not roll over to the next billing period.
Credit Packs: One-time purchases that add credits to your account. Credit packs are valid for 12 months from the date of purchase and do not expire during an active subscription.
Price Changes: We reserve the right to change subscription pricing. We will provide at least 30 days' notice before any price change takes effect for the next billing cycle.

6. Cancellation and Termination

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Service until the end of your current billing period. No refunds are provided for the current billing period upon cancellation. After your subscription expires, any unused subscription credits will be forfeited. Credit pack credits (if any remain unused) will remain available until their expiration date.

We reserve the right to suspend or terminate your account and refuse any current or future use of the Service if you: (a) breach these Terms; (b) engage in prohibited activities under our Acceptable Use Policy; (c) engage in fraudulent, abusive, or illegal activity; or (d) cause excessive chargebacks. In such cases, no refunds will be provided.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. You must not use the Service to generate prohibited content, including but not limited to: illegal content, sexually explicit material, hate speech, violence, harassment, Deepfakes, content that infringes intellectual property rights, or any content that violates applicable laws. We reserve the right to suspend or terminate accounts that violate these restrictions.

8. Intellectual Property

Your Content: You retain full ownership and all commercial rights to the images and content you generate using Banana Gene ("User Content"). You may use your User Content for any lawful commercial or personal purpose.
Platform IP: Banana Gene and its licensors retain all rights, title, and interest in and to the Service, including all underlying technology, software, algorithms, models, and platform infrastructure ("Platform IP"). You are granted a limited, non-exclusive, revocable license to use the Platform IP solely for the purpose of using the Service.
Restrictions: You may not copy, reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Platform IP.

9. Third-Party Services

The Service may integrate with or rely on third-party AI models and services (including but not limited to models from Google, OpenAI, and other providers). Your use of such third-party services is subject to their respective terms and conditions. Banana Gene does not guarantee the availability, accuracy, or output quality of any third-party services.

10. Payment Processing

All payments are processed by Paddle Commerce Inc. and Creem (Armitage Labs OÜ), each acting as the Merchant of Record for the transactions it processes. Each payment processor handles all aspects of payment collection, tax calculation, remittance, and compliance on our behalf for the transactions it processes. Charges will appear as "Paddle*Banana Gene" or "CREEM*Banana Gene" on your billing statement depending on the payment method used.

11. Refunds

Refund eligibility is governed by our Refund Policy. Please review it carefully before making a purchase. All refund requests must be submitted to support@bananaimag.com.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED OUTPUT. YOU ACKNOWLEDGE THAT AI SYSTEMS CAN PRODUCE INACCURATE, BIASED, OR INAPPROPRIATE CONTENT, AND YOU USE THE SERVICE AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANANA GENE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY AI-GENERATED CONTENT OR OUTPUT; (C) UNAUTHORIZED ACCESS TO YOUR ACCOUNT; (D) ANY BUGS, VIRUSES, OR SIMILAR ISSUES; OR (E) ANY OTHER MATTER RELATED TO THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Banana Gene and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms or any applicable law; (d) your violation of any third-party rights; or (e) any prohibited activity as defined in our Acceptable Use Policy.

15. Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page with a revised "Last updated" date. For significant changes, we will provide at least 30 days' notice prior to the changes taking effect. Your continued use of the Service after any modification constitutes your acceptance of the revised Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Banana Gene operates, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration or in the courts of the applicable jurisdiction.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Contact

If you have any questions about these Terms of Service, please contact us at: support@bananaimag.com