Terms of Use

1. Binding Agreement & Acceptance of Terms

1.1 Agreement to Terms

By downloading, installing, accessing, or using the AI Photo Editing application (“the App,” “Service,” “we,” “our,” or “us”), you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use (“Agreement”). These terms, together with our Privacy Policy, form a binding legal contract between you and us.

If you do not agree to these terms in their entirety, do not download, install, or use the App.

1.2 Applicability to All Jurisdictions

This Agreement applies globally to all users regardless of location, including but not limited to users in:

• European Union member states (GDPR applies)
• United States and all states therein
• United Kingdom
• Brazil (LGPD applies)
• California and other US states with privacy laws
• All other countries worldwide

Where local laws conflict with these terms, the more protective provision for users shall apply, except where explicitly waived by you. However, liability limitations and dispute resolution terms shall apply to the maximum extent permitted by law.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting an updated version in the App or on our website with an updated “Last Updated” date. Your continued use of the App constitutes acceptance of modified terms. If you do not accept modifications, you must cease using the App.

2. Definitions & Key Terms

3. Eligibility & User Requirements

3.1 Age Requirements

You must be at least 13 years old (or the applicable age of digital consent in your jurisdiction) to use this App. By using the App, you represent and warrant that you meet this age requirement.

Children under 13: Parents and guardians are responsible for monitoring their children’s use of the App. We do not knowingly allow users under 13 to use this Service.

3.2 Legal Capacity

You represent and warrant that you have the legal capacity to enter into this Agreement. If you are entering into this Agreement on behalf of an organization or entity, you warrant that you are authorized to do so and that the entity consents to be bound by these terms.

3.3 Prohibited Users

You may not use the App if you:

• Are under the applicable age of digital consent in your jurisdiction
• Have been banned or suspended from the App
• Are prohibited from using the App under applicable law
• Are using the App for illegal or unauthorized purposes
• Violate sanctions, export controls, or similar restrictions

3.4 Geographic Restrictions

The App is available worldwide, subject to local laws and regulations. We are not responsible for ensuring the App complies with laws in countries where it may be prohibited or restricted.

5. Coins & Payment Terms

5.1 What Are Coins?

Coins are digital credits that enable you to use AI photo editing features in the App. Each editing operation consumes a specific number of coins. Coins are purchased through in-app purchases or other payment methods.

5.2 Coins Are Non-Refundable & Non-Transferable

5.3 Payment Processing

Coin purchases are processed through third-party payment processors (such as Apple Pay, Google Play, Stripe, or similar services).

• We do not store your payment information
• Payment processors handle all transactions
• You agree to the terms of your payment processor
• Billing disputes must be handled with the payment processor

5.4 No Chargeback Rights for Coins

You may not dispute, charge back, or reverse coin purchases through your bank or payment processor. Attempting to do so may result in account termination and legal action. Coins consumed before a chargeback are still non-refundable.

5.5 Coin Expiration

Unless otherwise stated, coins do not expire and remain valid until consumed. However, if the App is discontinued or your account is terminated, any remaining coins will be forfeited without compensation.

5.6 Price Changes

We reserve the right to change coin prices, pricing plans, and feature costs at any time. Changes will not affect coins already purchased but will apply to future purchases.

5.7 Taxes

You are responsible for all applicable taxes on coin purchases in your jurisdiction, including VAT, GST, sales tax, or similar taxes. Tax amounts are calculated by your payment processor and will be added to your purchase total.

6. Acceptable Use & Restrictions

6.1 Your Responsibilities

You agree to use the App only for lawful purposes and in a manner consistent with these Terms. You assume all responsibility and liability for your use of the App.

6.2 Prohibited Content

You may not upload, process, or create content that:

• Is illegal, harmful, threatening, abusive, defamatory, obscene, or offensive
• Violates others’ privacy, intellectual property, or rights
• Contains child sexual abuse material (CSAM) or sexualizes children
• Depicts non-consensual intimate images (deepfakes, revenge porn)
• Harasses, bullies, or targets specific individuals
• Promotes violence, terrorism, or discrimination
• Contains malware, viruses, or harmful code
• Violates laws or regulations in any jurisdiction
• Violates Google’s Gemini API acceptable use policies
• Is used to deceive, defraud, or mislead others

6.3 Prohibited Activities

You may not:

• Use the App to violate any law or regulation
• Attempt to reverse engineer, hack, or bypass security measures
• Use automated tools or bots to access the App (scraping, automation)
• Attempt to interfere with the App’s functionality or infrastructure
• Use the App in any manner that violates Google’s terms of service
• Attempt to gain unauthorized access to accounts or systems
• Sell, trade, or monetize coins or accounts
• Impersonate others or misrepresent your identity
• Spam or send unsolicited messages
• Attempt to abuse or exploit the Service

6.4 Your Content & Liability

You retain ownership of content you upload, but you are solely responsible for ensuring you have the right to use, edit, and process that content.

• You warrant that you own or have rights to all content you upload
• You are responsible for obtaining consent from any identifiable people in photos
• You must comply with all laws regarding image rights and privacy
• You indemnify us for violations of rights related to your content
• We are not liable for how you use edited photos

6.5 Monitoring & Enforcement

While we do not actively monitor user content (due to our privacy-first approach), we reserve the right to:

• Investigate violations of these terms
• Remove or prevent processing of illegal or prohibited content
• Suspend or terminate accounts that violate these terms
• Report illegal activity to authorities
• Comply with law enforcement requests

7. Intellectual Property Rights

7.1 Our Intellectual Property

The App, including all software, code, features, functionality, designs, and content created by us, is protected by copyright, trademark, and other intellectual property laws. All rights are reserved.

• You do not own the App or any rights to it
• You are granted a limited, non-exclusive license to use the App
• You may not copy, modify, or create derivative works
• You may not distribute or sell the App
• You may not reverse engineer or decompile the App

7.2 Your Content

You retain ownership of photos and content you create and upload to the App. However:

• You grant us permission to process your content through Google Gemini API
• We may use anonymized technical data to improve the App
• You may not claim ownership of the AI editing technology or algorithms
• Edited photos created by the App’s features are your responsibility to manage

7.3 Third-Party Content

The App integrates with Google Gemini API. All AI-generated features and processing are subject to Google’s terms, intellectual property policies, and acceptable use guidelines.

9. Termination & Suspension

9.1 Termination by You

You may terminate your use of the App at any time by uninstalling it from your device. Upon termination, your access ends immediately and all local data will be deleted (if you uninstall). We have no obligation to preserve your data.

9.2 Termination by Us

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Reasons for termination include but are not limited to:

• Violation of these Terms of Use
• Illegal or harmful activity
• Abuse or harassment
• Fraud or payment issues
• Chargeback or dispute of legitimate charges
• Use of prohibited content or activities
• Technical or security concerns
• Business decisions to discontinue the App

9.3 Effect of Termination

Upon termination:

• Your access to the App terminates immediately
• All coins are forfeited without refund
• Any local data on your device may be deleted
• We retain no obligation to preserve your data
• You remain liable for any violations of these terms

9.4 Discontinuation of Service

We may discontinue or modify the App at any time, including removing features or shutting down the service entirely. If we discontinue the App, all coins and account data will be forfeited without compensation. We will attempt to provide notice but assume no obligation to do so.

10. Governing Law & Dispute Resolution

10.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of [INSERT YOUR JURISDICTION], without regard to conflict of law principles.

HOWEVER, to the extent applicable:

• EU/GDPR Users: GDPR provisions and EU consumer protection laws apply
• California Users: CCPA provisions and California consumer laws apply
• Brazil Users: LGPD provisions apply to data processing
• Other Users: Local consumer protection laws apply to the extent required

Where local law provides greater protections than these terms, the local law applies.

10.2 GDPR Compliance (EU Users)

For users in the EU and those subject to GDPR:

• Your data protection rights are preserved as stated in our Privacy Policy
• You may request access, deletion, or correction of your data (though we retain minimal data)
• You may lodge a complaint with your data protection authority
• We process data only where you have consented or where necessary to provide the Service
• Data transfers to Google are subject to GDPR safeguards

10.3 Dispute Resolution

Class Action Waiver: You agree not to initiate or participate in any class action, collective action, or representative lawsuit against us.

10.4 Binding Arbitration

Any dispute arising from or relating to these Terms shall be resolved by binding arbitration, administered by a neutral arbitrator, rather than in court.

Exceptions: Arbitration does not apply if you are in a jurisdiction where arbitration waiver is prohibited, or where you are protected by mandatory consumer dispute resolution procedures.

10.5 Jurisdiction & Venue

For disputes not subject to arbitration, you consent to jurisdiction in [INSERT YOUR JURISDICTION]. If you are in the EU, you may bring disputes in your local courts.

10.6 Attorneys’ Fees

In any legal action or arbitration arising from these Terms, the prevailing party may recover reasonable attorneys’ fees and costs from the non-prevailing party.

10.7 Statute of Limitations

Any claim or action arising from these Terms must be brought within one (1) year of the event giving rise to the claim, or it will be forever barred.

11. Additional Legal Provisions

11.1 Indemnification

You indemnify and hold us harmless from any claims, losses, damages, liabilities, costs, or expenses (including attorneys’ fees) arising from:

• Your violation of these Terms
• Your use of the App in violation of law
• Your content or photos infringing others’ rights
• Your misuse of edited photos
• Claims by third parties related to your use of the App

11.2 Severability

If any provision of these Terms is found invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

11.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App. All prior agreements, understandings, and negotiations are superseded.

11.4 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

11.5 Assignment

We may assign these Terms to any third party in connection with a merger, acquisition, bankruptcy, or sale of assets. You may not assign these Terms without our consent.

11.6 Notices

Any legal notices should be sent to:

contact@bananaphotoeditor.app

Contact Us

If you have questions about these Terms of Use, please contact us at: