Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Banana Studio website at bananastud.io and any associated services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Service.

2. Description of Service

Banana Studio is a software-as-a-service (“SaaS”) platform operated from New Jersey, United States, that provides AI-powered headshot generation. Users upload one or more selfies or photos, select a style, and our AI technology generates professional-quality headshot images. Image generation is powered by third-party AI infrastructure provided by Together AI. The Service also includes user account management, a personal gallery for storing generated images, credit purchasing, and related functionality.

3. Eligibility

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under the age of 18, you may not create an account or use the Service in any way.

4. User Accounts

• You must provide accurate and complete information when creating an account through our authentication provider, Clerk.
• You are solely responsible for maintaining the confidentiality and security of your account credentials.
• You agree to notify us immediately of any unauthorized access to or use of your account.
• Each individual may maintain only one account. Sharing accounts between multiple users is prohibited.
• You are responsible for all activity that occurs under your account, whether or not authorized by you.
• We reserve the right to suspend or disable accounts that we reasonably believe violate these Terms.

5. Credits, Pricing, and Payments

5.1 Credit System

• The Service operates on a credit-based system. Credits are required to generate AI headshots.
• One (1) credit equals one (1) AI-generated headshot image.
• Credits are purchased in pre-defined packages: 3 credits for $2.99, 15 credits for $9.99, or 35 credits for $19.99 (USD).
• Credits do not expire and remain available in your account until used.
• Credits are non-transferable between accounts and hold no cash value outside the Service.
• All prices are listed in United States Dollars (USD) unless otherwise indicated.

5.2 Payment Processing

All payments are processed securely through Stripe, a PCI-DSS compliant payment processor. Banana Studio does not directly store your full credit card number or payment credentials. By making a purchase, you agree to Stripe's terms of service and privacy policy in addition to these Terms.

5.3 Refund Policy

Refund requests may be submitted within twenty-four (24) hours of purchase, provided that no credits from the purchase have been used. Once any credit from a purchase has been consumed to generate an image, that purchase becomes non-refundable. To request a refund, please Contact Us within the eligible window.

6. Acceptable Use

You agree NOT to use the Service to:

• Upload photos or images of any person without that person's explicit consent.
• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Create deepfakes, non-consensual intimate imagery, or any misleading content intended to deceive, defraud, or impersonate another person.
• Upload content that is sexually explicit, depicts violence, or is otherwise inappropriate.
• Use the Service for any fraudulent, unlawful, or unauthorized purpose.
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the Service.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or connected networks.
• Use automated scripts, bots, or scrapers to access or interact with the Service without prior written consent.
• Resell, sublicense, or redistribute the Service or any part thereof without express written permission from Banana Studio.
• Violate any applicable local, state, national, or international law or regulation.

Banana Studio reserves the right to investigate and take appropriate action against anyone who violates these provisions, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

7. Intellectual Property

7.1 Your Content

• You retain full ownership of the original photos and images you upload to the Service.
• You own the AI-generated headshot images created from your uploads, subject to these Terms.
• By uploading content to the Service, you grant Banana Studio a limited, non-exclusive, royalty-free, worldwide license to process, transform, and temporarily store your images solely for the purpose of providing the Service to you. This license terminates when you delete your content or your account is closed.

7.2 Our Property

• The Service, including its technology, software, algorithms, user interface, design, branding, trademarks, and all associated intellectual property, is and remains the exclusive property of Banana Studio.
• Nothing in these Terms grants you any right, title, or interest in the Service itself beyond the limited right to use it in accordance with these Terms.
• The Banana Studio name, logo, and all related marks are trademarks of Banana Studio and may not be used without prior written permission.

8. Photo Storage and Deletion

Generated headshot images are stored in your personal Gallery within the Service. You may delete any generated image from your Gallery at any time. Upon deletion, the image will be permanently removed from our storage systems. Uploaded source photos used for generation are processed and stored only as necessary to deliver the Service. You may request deletion of your uploaded photos at any time by Contact Us.

9. Third-Party Services

The Service relies on third-party providers to deliver its functionality. These include, but are not limited to, Together AI (image generation), Stripe (payment processing), Clerk (authentication), Supabase (database and storage), and Vercel (hosting). Your use of the Service is also subject to the terms and policies of these third-party providers. Banana Studio is not responsible for the actions, practices, or policies of any third-party service provider.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BANANA STUDIO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BANANA STUDIO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AI-GENERATED IMAGES MAY NOT ALWAYS MEET YOUR EXPECTATIONS, AND RESULTS MAY VARY. NO ADVICE OR INFORMATION OBTAINED FROM BANANA STUDIO OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BANANA STUDIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE. IN NO EVENT SHALL BANANA STUDIO'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO BANANA STUDIO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY DOLLARS ($50.00 USD), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Banana Studio and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party, including intellectual property or privacy rights; or (d) any content you upload or generate through the Service.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us through our Contact Us page. We will attempt to resolve the dispute informally within thirty (30) days.

13.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Banana Studio agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of New Jersey. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND BANANA STUDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, for conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users, us, or third parties, or for any other reason. Upon termination: (a) your right to use the Service ceases immediately; (b) any unused credits in your account are forfeited and non-refundable; and (c) we may delete your account data in accordance with our Privacy Policy. You may also terminate your account at any time by contacting us.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of New Jersey, and you consent to the personal jurisdiction of such courts.

16. Changes to Terms

Banana Studio reserves the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice by updating the “Last updated” date at the top of this page and, where appropriate, notifying you via email or through the Service. Your continued use of the Service after any changes to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be modified, it shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Banana Studio regarding the Service and supersede all prior agreements, communications, and understandings, whether written or oral, relating to the subject matter hereof.

19. Contact

If you have any questions, concerns, or feedback regarding these Terms of Service, please reach out through our Contact Us page.