Last Updated: Mar 20, 2026
## 1. ACCEPTANCE OF TERMS
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Banana Art (“Company,” “we,” “us,” or “our”) governing your access to and use of the Banana Art mobile application (the “App”) and all related services, features, content, and applications (collectively, the “Services”).
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
## 2. ELIGIBILITY AND ACCOUNT REQUIREMENTS
### 2.1 Age Requirements
You must be at least 13 years of age to use the Services. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
### 2.2 Account Registration
You may be required to create an account to access certain features. You agree to:
– Provide accurate, current, and complete information
– Maintain and promptly update your account information
– Maintain the security of your account credentials
– Accept responsibility for all activities under your account
– Notify us immediately of any unauthorized access
## 3. DESCRIPTION OF SERVICES
### 3.1 AI-Powered Image Generation
Banana Art provides AI-powered image generation services that allow users to create, modify, and transform digital images and videos using advanced artificial intelligence models, including but not limited to:
– Google Nano Banana AI
– Other proprietary and third-party AI models
– Style transformation tools
– Creative editing features
### 3.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you.
## 4. USAGE LIMITATIONS AND QUOTAS
### 4.1 Generation Limits
Your use of the Services is subject to the following limitations based on your subscription tier:
Free Tier Users:
– 1 image generation
– Features: Basic AI models only
– Commercial use: Not permitted
Premium Subscription Users:
– Weekly: 50 images
– Annual(Promotional): 150 images
– Annual: 300 images
– Features: All AI models, including Nano Banana and Nano Banana Pro and Grok Imagen
– Commercial use: Permitted
– Priority processing
### 4.2 Usage Quota Enforcement
– Generation limits reset on a rolling weekly basis from the date of first generation
– Annual limits reset on the anniversary of account creation or subscription activation
– Limits apply per user account and may not be transferred or shared
– We reserve the right to modify limits with reasonable notice
– Excessive or abusive usage may result in temporary or permanent service restrictions
### 4.3 Fair Use Policy
You agree not to:
– Attempt to circumvent usage limitations
– Create multiple accounts to obtain additional quotas
– Use automated systems or bots to generate content
– Share account credentials to pool generation limits
– Engage in any activity that degrades service performance for other users
## 5. INTELLECTUAL PROPERTY RIGHTS
### 5.1 Company’s Rights
The App, Services, and all associated intellectual property rights, including but not limited to software, algorithms, AI models, designs, text, graphics, user interfaces, trademarks, logos, and trade dress, are owned by or licensed to Banana Art and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
### 5.2 User-Generated Content Ownership
You retain ownership of the original images and content you upload to the Services (“User Content”). However, AI-generated outputs created by the Services (“Generated Content”) are subject to the following:
For Free Tier Users:
– You receive a non-exclusive, limited license to use Generated Content for personal, non-commercial purposes
– Commercial use of Generated Content requires a Premium Subscription
For Premium Subscription Users:
– You receive a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute Generated Content for both personal and commercial purposes
– This license is contingent upon maintaining an active subscription
### 5.3 License Grant to Company
By uploading User Content or creating Generated Content, you grant Banana Art:
– A worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely to provide and improve the Services
– The right to use anonymized and aggregated data derived from your usage to train and improve our AI models
– The right to showcase Generated Content in marketing materials unless you opt out through the App settings
### 5.4 Prohibited Content
You may not upload, create, or generate content that:
– Depicts illegal activities or violates any laws
– Contains nudity, pornography, or sexually explicit material
– Depicts violence, gore, or harm to individuals
– Infringes upon third-party intellectual property rights
– Contains personal information of others without consent
– Depicts minors in any inappropriate context
– Promotes hate speech, discrimination, or harassment
– Contains malware, viruses, or harmful code
– Impersonates any person or entity
– Violates any third party’s rights of privacy or publicity
## 6. AI-GENERATED CONTENT DISCLAIMERS
### 6.1 No Warranties on AI Output
THE AI-GENERATED CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE:
– Accuracy, quality, or fitness for any particular purpose of Generated Content
– That Generated Content will be free from errors, defects, or inappropriate material
– That Generated Content will not infringe third-party rights
– Consistency or reproducibility of results
– Availability or uptime of AI models
### 6.2 Responsibility for AI Outputs
YOU ARE SOLELY RESPONSIBLE FOR:
– Reviewing all Generated Content before use or distribution
– Ensuring Generated Content complies with applicable laws
– Verifying Generated Content does not infringe third-party rights
– Any consequences arising from your use of Generated Content
– Obtaining necessary permissions for commercial use of Generated Content
### 6.3 AI Model Limitations
You acknowledge that AI models:
– May produce unexpected, biased, or inappropriate results
– Are trained on data that may contain biases or errors
– Cannot perfectly understand context or intent
– May produce content similar to existing copyrighted works
– Are subject to ongoing development and modification
– May be unavailable due to maintenance, updates, or third-party issues
## 7. SUBSCRIPTION AND PAYMENT TERMS
### 7.1 Subscription Plans
Premium subscriptions are offered on a weekly, monthly, or annual basis. Subscription details, including pricing and features, are displayed in the App and may be modified with reasonable notice.
### 7.2 Payment Authorization
By subscribing, you authorize us to charge your payment method on a recurring basis according to your selected plan. You agree to maintain valid payment information.
### 7.3 Automatic Renewal
SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS CANCELLED AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT PERIOD. You will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.
### 7.4 Cancellation
You may cancel your subscription at any time through:
– iOS: App Store account settings
– Android: Google Play account settings
Cancellation takes effect at the end of the current billing period. No partial refunds are provided for mid-period cancellations.
### 7.5 Price Changes
We reserve the right to modify subscription pricing with at least 30 days’ notice. Price changes apply to subsequent billing periods only. Continued use after price changes constitutes acceptance.
### 7.6 Refund Policy
All sales are final. Refunds are provided only:
– As required by applicable law
– At our sole discretion in cases of technical failure preventing service access
– For unauthorized charges reported within 30 days
Refund requests must be submitted through official app store channels (Apple App Store or Google Play Store).
### 7.7 Free Trials and Promotional Offers
– Free trials automatically convert to paid subscriptions unless cancelled
– Promotional pricing is valid only for the specified period
– Users are limited to one free trial per account
– We reserve the right to modify or terminate promotional offers at any time
## 8. PROHIBITED USES
You agree not to:
### 8.1 Illegal Activities
– Use the Services for any illegal purpose or in violation of any laws
– Generate content that facilitates illegal activities
– Use the Services to defraud, harm, or exploit others
### 8.2 Technical Violations
– Reverse engineer, decompile, or disassemble the App or Services
– Attempt to gain unauthorized access to any systems or networks
– Interfere with or disrupt the Services or servers
– Use any robot, spider, scraper, or automated means to access the Services
– Bypass any measures designed to prevent or restrict access
– Remove, obscure, or modify any proprietary notices
### 8.3 Abusive Behavior
– Harass, threaten, or intimidate other users or our personnel
– Upload malicious code, viruses, or harmful content
– Engage in any conduct that inhibits others’ use of the Services
– Create accounts through automated means or under false pretenses
### 8.4 Commercial Misuse
– Resell, redistribute, or sublicense the Services without authorization
– Use free tier services for commercial purposes
– Frame or mirror any part of the Services without permission
## 9. PRIVACY AND DATA PROTECTION
### 9.1 Data Collection
Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.
### 9.2 User Content Processing
You acknowledge and agree that:
– User Content may be processed by third-party AI service providers
– Images uploaded may be temporarily stored for processing purposes
– We implement reasonable security measures but cannot guarantee absolute security
– You should not upload sensitive, confidential, or private information
### 9.3 Data Security
While we implement industry-standard security measures, YOU ACKNOWLEDGE THAT:
– No system is completely secure
– We cannot guarantee prevention of unauthorized access
– You use the Services at your own risk
– You are responsible for maintaining the confidentiality of your account
## 10. THIRD-PARTY SERVICES AND CONTENT
### 10.1 Third-Party AI Models
The Services utilize third-party AI models and services, including Google’s Nano Banana AI, Grok Imagen and others. These third-party services are subject to their own terms and conditions. We are not responsible for:
– Availability or performance of third-party services
– Changes to third-party service terms or functionality
– Actions or policies of third-party service providers
– Content generated by third-party AI models
### 10.2 Third-Party Links
The Services may contain links to third-party websites or resources. We:
– Do not endorse or assume responsibility for third-party content
– Are not liable for any damages arising from third-party services
– Recommend reviewing third-party terms and privacy policies
## 11. DISCLAIMERS AND LIMITATIONS OF LIABILITY
### 11.1 SERVICE AVAILABILITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
– Warranties of merchantability
– Fitness for a particular purpose
– Non-infringement
– Accuracy, reliability, or completeness
– Uninterrupted or error-free operation
– Freedom from viruses or harmful components
### 11.2 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANANA STUDIO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:
Indirect Damages:
– Indirect, incidental, special, consequential, or punitive damages
– Loss of profits, revenue, data, or business opportunities
– Loss of goodwill or reputation
– Cost of substitute services
– Personal injury or property damage
Direct Damages Cap:
ANY DIRECT DAMAGES SHALL NOT EXCEED THE GREATER OF:
– The amounts paid by you to Banana Art in the 12 months preceding the claim, OR
– $100 USD
### 11.3 Specific Disclaimers
WE ARE NOT LIABLE FOR:
– Deletion, corruption, or failure to store User Content or Generated Content
– Content generated by AI models that may be inaccurate, offensive, or infringing
– Your use or inability to use Generated Content
– Unauthorized access to your account or content
– Actions of other users
– Compatibility issues with your device or software
– Service interruptions due to maintenance, updates, or technical issues
– Decisions made based on AI-generated content
### 11.4 Assumption of Risk
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR:
– All Generated Content created using the Services
– Any legal claims arising from your use of Generated Content
– Compliance with all applicable laws and regulations
– Any damages to your device or data loss
## 12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Banana Art, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:
– Your use or misuse of the Services
– Your violation of these Terms
– Your violation of any rights of another party, including intellectual property rights
– User Content you submit or Generated Content you create
– Your violation of any applicable laws or regulations
– Unauthorized use of your account resulting from your failure to safeguard credentials
– Claims that your use of Generated Content infringes third-party rights
This indemnification obligation survives termination of these Terms and your use of the Services.
## 13. DISPUTE RESOLUTION AND ARBITRATION
### 13.1 Informal Resolution
Before initiating formal proceedings, you agree to first contact us at support@thekmobile.com to attempt informal resolution. We will attempt to resolve disputes in good faith within 30 days.
### 13.2 Binding Arbitration
IF INFORMAL RESOLUTION FAILS, YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION, EXCEPT AS PROVIDED BELOW.
Arbitration Terms:
– Arbitration shall be conducted by a neutral arbitrator
– Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or similar body in your jurisdiction
– Arbitration shall take place in Türkiye or via remote proceedings
– Each party bears its own costs unless otherwise awarded by the arbitrator
– The arbitrator’s decision is final and binding
– Judgment on the award may be entered in any court of competent jurisdiction
### 13.3 Class Action Waiver
YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING.
YOU EXPRESSLY WAIVE ANY RIGHT TO:
– Participate in class actions
– Participate in collective actions
– Serve as a representative in any representative proceedings
– Consolidate claims with other individuals
### 13.4 Exceptions to Arbitration
The following may be brought in court:
– Small claims court actions within jurisdictional limits
– Claims for injunctive or equitable relief to protect intellectual property
– Claims relating to theft, piracy, or unauthorized use of intellectual property
### 13.5 Opt-Out Right
You have the right to opt out of arbitration by sending written notice to support@thekmobile.com within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement of your intent to opt out of arbitration.
## 14. GOVERNING LAW AND JURISDICTION
### 14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Türkiye, without regard to its conflict of law provisions.
### 14.2 Jurisdiction
Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts located in Türkiye for resolution of any disputes.
### 14.3 International Users
If you access the Services from outside Türkiye, you do so at your own risk and are responsible for compliance with local laws. We make no representation that the Services are appropriate or available for use in all locations.
## 15. TERMINATION
### 15.1 Termination by You
You may terminate your account at any time by:
– Deleting the App from your device
– Contacting support to request account deletion
– Cancelling your subscription through app store settings
### 15.2 Termination by Us
We reserve the right to suspend or terminate your access immediately, without notice, for:
– Violation of these Terms
– Fraudulent, abusive, or illegal activity
– Extended period of inactivity
– At our sole discretion for any reason
### 15.3 Effect of Termination
Upon termination:
– Your right to access and use the Services ceases immediately
– You remain liable for all obligations incurred prior to termination
– No refunds will be provided except as required by law
– We may delete your User Content and Generated Content
– Sections of these Terms that by their nature should survive will survive termination
### 15.4 Data Retention
We may retain certain information as required by law or for legitimate business purposes, including:
– Transaction records
– Communications for legal compliance
– Anonymized usage data for service improvement
## 16. DMCA AND COPYRIGHT INFRINGEMENT
### 16.1 Copyright Policy
We respect intellectual property rights and expect users to do the same. We will respond to valid notices of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
### 16.2 Filing a DMCA Notice
If you believe content in the Services infringes your copyright, send a written notice including:
– Physical or electronic signature of copyright owner or authorized agent
– Identification of the copyrighted work claimed to be infringed
– Identification of the infringing material and its location
– Your contact information (address, telephone, email)
– Statement of good faith belief that use is not authorized
– Statement that the information is accurate and you are authorized to act
Send notices to: support@thekmobile.com
### 16.3 Counter-Notification
If you believe content was removed in error, you may file a counter-notification containing:
– Your physical or electronic signature
– Identification of removed content and its prior location
– Statement under penalty of perjury that removal was a mistake
– Your contact information and consent to jurisdiction
### 16.4 Repeat Infringer Policy
We will terminate accounts of users who are repeat infringers in appropriate circumstances.
## 17. EXPORT CONTROLS AND SANCTIONS
You represent that you are not:
– Located in a country subject to U.S. Government embargo or designated as a “terrorist supporting” country
– Listed on any U.S. Government list of prohibited or restricted parties
You agree to comply with all applicable export control and sanctions laws.
## 18. MODIFICATIONS TO TERMS
### 18.1 Right to Modify
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
– Posting the updated Terms in the App
– Updating the “Last Updated” date
– Sending email notification (if applicable)
– Displaying an in-app notification
### 18.2 Acceptance of Changes
Continued use of the Services after modifications take effect constitutes acceptance of the updated Terms. If you do not agree to modifications, you must stop using the Services and terminate your account.
### 18.3 Material Changes
For material changes that significantly affect your rights, we will provide at least 30 days’ notice before the changes take effect.
## 19. GENERAL PROVISIONS
### 19.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and Banana Art regarding the Services.
### 19.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
### 19.3 Waiver
No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.
### 19.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
### 19.5 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights except as expressly stated.
### 19.6 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
### 19.7 Notices
Notices to you may be provided via email, in-app notification, or posting on our website. Notices to us must be sent to: support@thekmobile.com
### 19.8 Language
These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.
### 19.9 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
### 19.10 Relationship of Parties
You and Banana Art are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.
## 20. SPECIFIC FEATURES AND DISCLAIMERS
### 20.1 AI Model Availability
Access to specific AI models, including Google Nano Banana AI and other advanced models, may vary based on:
– Subscription tier
– Geographic location
– Technical availability
– Third-party service status
– Regulatory requirements
### 20.2 Content Storage
– We do not guarantee indefinite storage of User Content or Generated Content
– Content may be deleted after periods of inactivity
– You are responsible for backing up important content
– Storage limits apply based on subscription tier
### 20.3 Beta Features
Certain features may be designated as “beta,” “preview,” or “experimental.” These features:
– Are provided “as is” without warranties
– May be modified or discontinued without notice
– May contain bugs or errors
– Should not be relied upon for critical purposes
### 20.4 User Feedback
If you provide suggestions, ideas, or feedback (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without compensation or attribution.
## 21. CONTACT INFORMATION
For questions, concerns, or notices regarding these Terms, please contact us:
Email: support@thekmobile.com
In-App Support: Settings > Contact Support
Please allow up to 5 business days for a response to inquiries.
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## ACKNOWLEDGMENT
BY USING BANANA STUDIO, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
– The Services involve AI-generated content that may be unpredictable
– Usage is subject to weekly and annual generation limits
– You are solely responsible for how you use Generated Content
– We are not liable for damages arising from your use of the Services
– Disputes will be resolved through binding arbitration
– You waive the right to participate in class actions
These Terms constitute a legally binding agreement. You should print or save a copy for your records.
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