Terms of Service

Acceptance of Terms

By accessing or using BananaImage (the "Service") through our website, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the Service. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization, in which case "you" refers to that organization.

Description of the Service

BananaImage provides AI-powered text-to-image and image-to-image generation, an account dashboard, a personal gallery, and related tools. The Service is offered on a credit-based and subscription-based model. We may modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where possible.

Eligibility and Accounts

• You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Service.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Notify us immediately through the account support channel if you suspect unauthorized use.
• Some accounts are invite-only. If your account was provisioned by an admin, additional rules (such as credit limits or role-based permissions) may apply.

Acceptable Use

You agree not to use the Service to:

1. Violate any applicable law, regulation, or third-party right.
2. Generate, request, upload, edit, or distribute any NSFW (not safe for work), pornographic, or sexually explicit content — including depictions of sexual acts or activity, erotic or sexually suggestive nudity, sexualized poses, fetish content, or any sexualized depiction of any person, whether real, fictional, photorealistic, cartoon, or otherwise stylized. All sexually explicit and NSFW generation is strictly prohibited in all forms, with no exceptions (see our Acceptable Use Policy).
3. Generate, upload, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or invasive of another's privacy.
4. Generate content that depicts sexual exploitation of minors or non-consensual intimate imagery.
5. Generate content that infringes intellectual property rights, including copyrighted characters, trademarked logos, or likenesses of real people without permission.
6. Generate content intended to mislead, defraud, or impersonate others (deepfakes, political disinformation, etc.).
7. Circumvent rate limits, credit systems, authentication, content moderation or safety filters, or any other security or access control.
8. Reverse-engineer, decompile, or attempt to extract the source code of the Service, except as permitted by applicable law.
9. Use the Service in a way that could damage, disable, overburden, or impair our infrastructure or interfere with other users.
10. Use the Service to train or fine-tune competing AI models.

These and additional content and conduct rules are described in detail in our Acceptable Use Policy, which is incorporated into these Terms by reference. We reserve the right to suspend or terminate accounts that violate this section, with or without prior notice, and no refunds are issued for violations.

Prompts, Inputs, and Generated Outputs

• Your prompts and reference images remain yours. You represent and warrant that you have the legal right to submit them.
• Generated outputs are produced by third-party AI models on your behalf. Any right to use an output, including commercially, depends on the applicable model-provider terms, local law, and third-party rights.
• We do not guarantee the uniqueness, accuracy, or fitness for any particular purpose of any generated output. AI models can produce similar outputs for similar prompts.
• Text prompts may be automatically screened before generation. Prompts marked flag or deny are blocked before the model is called and before credits are charged. If screening is unavailable, generation may be temporarily unavailable.
• We may review safety events and retain related records as needed to enforce these Terms and our Acceptable Use Policy.

Credits, Subscriptions, and Billing

• The Service uses a credit system. The exact credit cost is shown before generation and may vary by model, resolution, and other options.
• Subscriptions auto-renew at the end of each billing period at the then-current price. You can cancel at any time from the Billing page; access continues until the end of the current period.
• One-time credit purchases are non-recurring.
• Pricing may change for new subscriptions or new credit bundles, but never retroactively for already-paid periods.
• Refunds are handled according to applicable law, the payment provider's rules, and any refund policy presented at purchase. Contact support with the order details for review.
• If a generation fails because of an error on our side, the credits consumed for that generation are automatically refunded to your account.
• You are responsible for providing accurate billing information and for any taxes applicable in your jurisdiction.

Intellectual Property

• The Service, including its UI, code, design, branding, and original content, is owned by us and protected by international copyright, trademark, and other intellectual property laws.
• You retain all rights to the prompts and reference images you submit, and to the generated outputs (subject to the underlying model providers' terms and applicable third-party rights).
• You grant us a limited, worldwide, non-exclusive license to host, process, transmit, and display your prompts, reference images, and generated outputs solely to operate the Service for you.

Suspension and Termination

• We may suspend or terminate your access to the Service at any time if we reasonably believe you have violated these Terms, or if required to do so by law.
• You may request account closure through support. Subscription cancellation and account deletion are separate actions; cancel recurring billing before closing an account.
• Upon termination, your right to use the Service ends. We may delete your account data in line with our Privacy Policy and Data Retention section.

Third-Party Services

The Service relies on third-party providers, including but not limited to Kie AI (image generation), Cloudflare R2/S3 (storage), Creem (payments and prompt moderation), Stripe/PayPal/Alipay/WeChat Pay (optional payment processing), and Resend (email). Your use of these services is subject to their respective terms. We are not responsible for the acts or omissions of these providers, but we choose them carefully.

BananaImage is an independent product and is not affiliated with, endorsed by, or sponsored by Google, OpenAI, or the providers of the AI models referenced in the Service. Model names and trademarks belong to their respective owners.

Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that generated outputs will meet your requirements.

Limitation of Liability

To the maximum extent permitted by law, in no event shall BananaImage, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, goodwill, or other intangible losses) arising out of or in connection with your use of, or inability to use, the Service, even if we have been advised of the possibility of such damages. Our total cumulative liability to you for all claims arising from or related to the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD 100.

Indemnification

You agree to indemnify and hold us harmless from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising from (a) your violation of these Terms, (b) your violation of any third-party right, or (c) any content you submit or generate through the Service.

Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by updating the date at the top of this page and, where appropriate, by sending a notice through the Service or by email. Continued use of the Service after a change becomes effective constitutes acceptance of the updated Terms.

Governing Law and Disputes

These Terms are governed by the laws applicable to the entity operating BananaImage, without regard to conflict-of-laws principles. Any dispute arising from or relating to these Terms or the Service shall be resolved in the competent courts of that jurisdiction, unless applicable consumer law provides otherwise.

Contact

If you have questions about these Terms, email support@banana-image.net.