Terms of Service

Introduction

These AI Terms of Use (this "Agreement") are a binding contract between you or the entity you represent ("Customer," "you," or "your") and Nano Banana AI ("Provider," "we," or "us"). This Agreement governs your access to and use of the Services. Services provided under this Agreement are for business or commercial, and not personal or consumer, use.

THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE "Continue" BUTTON TO ESTABLISH ACCESS AND USE THE SERVICES FOR THE FIRST TIME (the "Effective Date"). BY CLICKING ON THE "Continue" BUTTON OR ACCESSING OR USING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND IF ENTERING INTO THIS AGREEMENT FOR AN ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY; AND (C) ACCEPT THIS AGREEMENT ON YOUR BEHALF OR ON BEHALF OF THE ENTITY YOU REPRESENT IF YOU ARE ENTERING INTO THIS AGREEMENT FOR AN ENTITY AND AGREE THAT YOU OR SUCH ENTITY, AS APPLICABLE, ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

Definitions

"AI Customer Input" means information, data, materials, text, prompts, images, works, code, or other content that is input, entered, posted, uploaded, submitted, transferred, or otherwise transmitted by or on behalf of Customer or any other Authorized User through the Services.

"AI Customer Output" means information, data, materials, text, images, code, works, or other content generated by or otherwise output from the Services in response to an AI Customer Input.

"AI Technology" means any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other artificial intelligence tools or methodologies.

"Customer Data" means AI Customer Input and AI Customer Output.

"Personal Information" means information that: (a) identifies or can be used to identify an individual; or (b) can be used to authenticate an individual.

"Services" means the services provided by Provider under this Agreement that are detailed on Provider's website available at https://nanobananas.site.

Access and Use

Provision of Access

Subject to the terms and conditions of this Agreement, Provider hereby grants you a non-exclusive, non-transferable right to access and use the Services during the Term, solely for your internal business operations by Authorized Users under these terms and conditions.

Use Restrictions

You shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users to:

(i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, or duplicate the Services, reproduce Training Data, engage in model extraction, or otherwise attempt to derive or gain access to any source code, algorithm, model, model weights and parameters, or other underlying AI Technology or component of the Services; (iv) access or use the Services or any AI Customer Output to develop, train, or improve any other AI Technology; (v) use web scraping, web harvesting, web data extraction or any other method to extract data from the Services or any AI Customer Output; (vi) remove any proprietary notices from the Services; (vii) use the Services to create or generate AI Customer Output, or use AI Customer Output in a manner, that you know or should know infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule; (viii) submit, enter, post, or otherwise transmit or Process any Personal Information through the Services.

Reservation of Rights

Provider reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party, any intellectual property rights or other right, title, or interest in or to the Provider IP or Third-Party Products.

Customer Responsibilities

Acceptable Use Policy

The Services may not be used for unlawful, fraudulent, offensive, or obscene activity. You shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, requirements, and policies that may be posted on https://nanobananas.site from time to time.

Account Use

You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether that access or use is permitted by or in violation of this Agreement.

Use of AI Customer Output

You are solely responsible for (i) evaluating (including by human review) AI Customer Output for accuracy, completeness, and other factors relevant to your use before using, distributing, or relying on the AI Customer Output and (ii) your decisions, actions, and omissions in reliance or based on the AI Customer Output.

Passwords and Access Credentials

You are responsible for keeping your passwords and access credentials associated with the Services confidential. You shall not sell or transfer them to any other person or entity. You shall promptly notify us about any unauthorized access to your passwords or access credentials.

Fees and Payment

Purchases

If you wish to purchase any products or services offered through our service ("Purchase"), you may be required to provide certain information related to your purchase, including your credit card number, credit card expiration date, billing address, and shipping information.

You represent and warrant that you have the legal right to use any credit card or other payment method for any purchase, and that the information you provide to us is true, accurate, and complete.

We may use third-party services to assist in processing payments and completing purchases. By submitting your information, you grant us the right to provide such information to these third parties in accordance with our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, product or service description or price errors, errors in your order, or other reasons.

We also reserve the right to modify the number of credits charged for output or input, or to impose any usage limitations, regardless of what was previously promised at the time of subscription. These changes will be made based on our model capacity to safeguard the interests of all users and ensure uniform access to the service.

Subscriptions

Nano Banana AI offers certain parts of our service on a subscription basis ("Subscription"). You will be billed in advance on a periodic basis ("Billing Cycle"), which may be monthly or annually, depending on the type of subscription plan you select when purchasing the subscription.

At the end of each Billing Cycle, your subscription will automatically renew under the same conditions, unless you cancel the subscription or Nano Banana AI cancels it. You can cancel the subscription renewal through your online account management page or by contacting our customer support team.

Free Trials

Nano Banana AI may, at its sole discretion, offer subscriptions with a free trial for a limited period of time ("Free Trial"). If you enter your billing information when registering for a Free Trial, you will not be charged until the end of the Free Trial period.

Fee Changes

Nano Banana AI reserves the right to modify the subscription fees at any time without further notice. Any changes to the subscription fees will take effect at the end of the current Billing Cycle.

Refunds

Once a user has completed the payment of the subscription fee, it is deemed that the user has fully understood and accepted the service content and usage rules of this product. Based on the characteristics of virtual products in subscription services and the cost of data processing, except as otherwise provided by laws and regulations, regardless of whether it is due to the user's personal reasons or other circumstances not caused by platform technical failures, the paid subscription fees will not be refunded.

Confidential Information

From time to time during the Term, Provider and Customer may disclose or make available to the other party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media whether or not marked, designated, or otherwise identified as "confidential" at the time of disclosure (collectively, "Confidential Information").

Privacy Policy

Provider complies with its privacy policy, available at https://nanobananas.site/privacy, ("Privacy Policy"), in providing the Services. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy.

Intellectual Property Ownership

Provider IP

Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP.

Customer Data

Provider acknowledges that, as between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data as may be necessary for Provider to provide the Services to Customer.

Feedback

If you send or transmit any communications or materials to us suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use that Feedback. All Feedback is and will be treated as non-confidential.