Terms of Service

These Terms of Service ("Terms") govern your access to and use of NanoBanana21 and any related websites, dashboards, APIs, hosted tools, AI generation features, support channels, and documentation we make available (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must stop using the Service.

1. Eligibility and authority

You must be legally able to enter into a binding agreement to use the Service. If you use the Service on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity to these Terms, and "you" includes that entity.

2. Service scope

NanoBanana21 is a software service that may include account management, usage-based credits, subscription billing, AI-assisted generation tools, public marketing pages, customer support workflows, and related integrations. We may update, improve, add, remove, or reconfigure parts of the Service at any time, including when needed for security, compliance, provider changes, maintenance, or product direction.

3. Accounts and account security

You may need to create an account to use certain features. You agree to provide accurate information, keep it current, and safeguard your login credentials, API keys, and any workspace access you control.

• You are responsible for activity that occurs under your account unless caused by our breach of these Terms.
• You must notify us promptly if you believe your account, credentials, or billing access has been compromised.
• We may require verification steps, rate limits, or temporary restrictions to protect the Service or other users.

4. Fees, subscriptions, and credits

Certain parts of the Service require payment. Pricing may be structured through subscriptions, one-time purchases, credits, usage-based billing, or a combination of these.

• Paid plans renew automatically unless you cancel before the next renewal date.
• Fees are generally billed in advance, unless a separate order form or pricing page states otherwise.
• Credits may be consumed when generation, API, or related product actions are executed, queued, or otherwise processed by the Service.
• Taxes, foreign exchange fees, or bank charges are your responsibility unless law requires otherwise.
• Our Refund Policy explains cancellation, credit treatment, and refund eligibility.

5. Customer content, prompts, and outputs

You retain rights you already hold in prompts, uploads, workspace materials, and generated outputs you lawfully submit or create through the Service ("Customer Content"), subject to third-party provider terms and applicable law.

• You are responsible for obtaining all permissions and rights needed for the Customer Content you submit.
• You grant us a limited right to host, process, transmit, cache, and display Customer Content only as needed to operate, secure, support, and improve the Service.
• You remain responsible for reviewing outputs before relying on, publishing, or distributing them.

6. Acceptable use

You may use the Service only for lawful and authorized purposes. You may not:

• violate applicable law, sanctions, export controls, or third-party rights;
• submit or generate content that is abusive, fraudulent, defamatory, infringing, exploitative, or otherwise prohibited by our AI Content Safety Policy;
• attempt to reverse engineer, scrape, benchmark, bypass safeguards, probe, or interfere with the Service or its underlying providers except where law expressly permits it;
• resell, sublicense, mirror, or provide unauthorized shared access to the Service without our written approval;
• use the Service to build or facilitate malware, credential attacks, spam, social engineering, or harmful automation.

7. Third-party providers and dependencies

The Service depends on third-party infrastructure and vendors, including payment processors, authentication providers, analytics providers, storage platforms, and AI model providers. Some outputs, moderation decisions, retention rules, and outages may be influenced by those third parties. Your use of provider-backed features may also be subject to the relevant provider's terms, policies, or technical limitations.

8. Our intellectual property

The Service itself, including our software, interfaces, visual design, documentation, trademarks, logos, and non-customer content, is owned by us or our licensors and protected by applicable intellectual property laws. Except for the limited rights expressly granted in these Terms, no license or ownership right is transferred to you.

If you send feedback, suggestions, or product ideas, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use that feedback for any lawful business purpose without obligation to you.

9. Beta features and service availability

Some features may be identified as preview, beta, experimental, or not production-ready. Those features may change materially, be interrupted, or be removed without prior notice. We do not guarantee uninterrupted availability, specific response times, or compatibility with every device, browser, provider, or jurisdiction unless a separate written service commitment says otherwise.

10. Suspension and termination

We may suspend, restrict, or terminate your access if we reasonably believe you violated these Terms, created security or legal risk, failed to pay amounts due, or used the Service in a way that could harm us, other users, or third parties. You may stop using the Service at any time, and you may cancel subscriptions through the billing or account flow where available.

Sections that by nature should survive termination, including payment obligations, ownership, disclaimers, liability limits, and dispute provisions, will continue to apply.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT OUTPUTS WILL BE ACCURATE, COMPLETE, AVAILABLE, OR FIT FOR HIGH-RISK DECISIONS.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless NanoBanana21, its affiliates, service providers, and personnel from claims, losses, liabilities, and expenses arising out of your Customer Content, your use of the Service, your violation of these Terms, or your infringement of another person's rights.

14. Governing law and disputes

These Terms are governed by applicable law, excluding conflict-of-law rules. Before either side starts formal proceedings, both sides agree to try to resolve the dispute through good-faith written notice and discussion. If a dispute cannot be resolved informally, it may be resolved through the forum, court, or arbitration process required by applicable law or a separate written agreement between the parties.

15. Changes to these Terms

We may update these Terms from time to time. The updated version becomes effective when posted unless a later effective date is stated. If a change materially affects your rights or obligations, we will use reasonable efforts to provide advance notice through the Service, by email, or both. Your continued use of the Service after the effective date means you accept the updated Terms.

16. Contact

For contractual, account, or billing questions, contact us at [email protected].