Terms of Service

Last Updated: February 2026

Please read these Terms of Service carefully before using Banana AI. By accessing or using our service, you acknowledge that you have read, understood, and agree to be bound by these terms.

1. Introduction & Acceptance of Terms

Banana AI, accessible at bananai.net (the “Service”), is owned and operated by Bananai (“we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our AI-powered image and video generation platform.

By creating an account, accessing our website, or using any features of the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must immediately stop using the Service. We reserve the right to refuse service to anyone for any reason at any time.

Your continued use of the Service after any modifications to these Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.

2. Account & Eligibility

Age Requirement

You must be at least 18 years old to use Banana AI. By creating an account, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements.

Account Registration & Security

Banana AI uses Google OAuth for authentication. You are responsible for maintaining the security of your Google account and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.

Prohibited Account Activities

You agree not to:

  • Share your account credentials with others
  • Create multiple accounts to circumvent usage limits or restrictions
  • Transfer, sell, or assign your account to any third party
  • Use automated tools or bots to create accounts or access the Service
  • Impersonate any person or entity or falsely represent your affiliation with any person or entity

3. Service Description

Banana AI is an AI-powered platform that enables users to generate images and videos using state-of-the-art artificial intelligence models. Our Service provides access to various third-party AI models through Replicate, including but not limited to Flux, Kling, and other leading generative AI technologies.

Service Features

The Service allows users to create visual content through text prompts, image-to-video conversion, and other AI-driven generation methods. Available models, features, and capabilities are subject to change without notice based on technological advancements, third-party availability, and business decisions.

No Guarantees

The Service is provided on an “as is” and “as available” basis. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. AI-generated outputs may vary in quality, accuracy, and suitability for your intended purpose. We make no warranties regarding the results you may obtain from using the Service.

4. Credits & Payments

Free Credits

New users receive complimentary credits upon account registration to explore the Service. Free credit amounts and availability are subject to change at our discretion.

Additional credits may be purchased through our payment processor, Stripe. All credit purchases are final and non-refundable except as expressly provided in these Terms.

Credit Usage & Refunds

Credits are consumed when you submit generation requests to AI models. The credit cost varies by model, resolution, duration, and other parameters. Credits are deducted at the time of request submission.

If a model generation request fails due to technical errors on our end or with the third-party AI service, we will refund the credits to your account. However, credits will not be refunded in cases of:

  • User-initiated cancellations
  • Outputs that do not meet subjective quality expectations
  • Violations of these Terms resulting in account suspension or termination
  • Prohibited content that triggers safety filters

Non-Transferability

Credits are non-transferable and cannot be exchanged for cash, sold, or transferred to other accounts.

5. Generated Content — Rights & Responsibilities

Ownership of Generated Content

Subject to the limitations described below, you own the content you generate using Banana AI. However, this ownership is subject to applicable copyright laws and the limitations inherent in AI-generated content.

Under current U.S. Copyright Office guidance (as of 2025), purely AI-generated content may not qualify for copyright protection unless it contains substantial human creative input. Content generated solely through AI models, without significant human authorship, may be in the public domain. You acknowledge this legal uncertainty and assume all risks associated with commercial use of AI-generated content.

Third-Party Rights

You are solely responsible for ensuring that your use of generated content does not infringe upon any third-party intellectual property rights, publicity rights, or other legal rights. Banana AI does not claim ownership of your generated content but makes no representations regarding its originality or legal status.

Platform License

By using the Service, you grant Banana AI a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute your generated content for the purposes of operating the Service, including but not limited to showcasing examples, improving our technology, and marketing our platform.

Your Responsibility

You assume full responsibility for any legal claims, disputes, or liability arising from your use or distribution of generated content, including commercial use, publication, or any violation of third-party rights.

6. Prohibited Content & Conduct

You agree not to use Banana AI to create, attempt to create, or request any of the following:

Illegal & Harmful Content

  • Child Sexual Abuse Material (CSAM): Zero tolerance. Any attempt to create such content will result in immediate account termination and reporting to the National Center for Missing & Exploited Children (NCMEC) and law enforcement.
  • Non-consensual intimate imagery: Deepfakes, non-consensual pornography, or realistic intimate images of identifiable individuals without their explicit consent.
  • Violence & Gore: Content depicting extreme violence, torture, mutilation, or graphic harm to humans or animals.
  • Hate Speech: Content promoting hatred, discrimination, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
  • Terrorism & Extremism: Content promoting, glorifying, or facilitating terrorist activities or violent extremist ideologies.

Fraud & Misinformation

  • Content intended to deceive, defraud, or mislead others
  • Fake identification documents, currency, or official seals
  • Disinformation campaigns or coordinated inauthentic behavior

Intellectual Property Violations

  • Content that infringes copyright, trademark, or other intellectual property rights
  • Unauthorized reproductions of copyrighted works, logos, or branded materials

Platform Abuse

  • Automated or bulk generation intended to circumvent usage limits
  • Reverse engineering, decompiling, or attempting to extract models or algorithms
  • Reselling or white-labeling the Service without authorization
  • Any activity that degrades platform performance or availability for other users

7. Content Moderation & Enforcement

Safety Filters

Our third-party AI models include built-in safety filters designed to prevent the generation of prohibited content. Attempting to circumvent these filters constitutes a violation of these Terms.

Platform Moderation

We reserve the right to review, monitor, and moderate generated content and user activity. While we do not pre-screen all content, we may investigate reports, automated flags, or suspicious patterns.

Progressive Enforcement

Violations may result in progressive enforcement actions:

  1. Warning: First-time minor violations may result in a written warning
  2. Temporary Suspension: Repeated or moderate violations may result in temporary account suspension
  3. Permanent Termination: Severe or repeated violations will result in permanent account termination

Immediate Termination

Certain violations, including CSAM, severe threats of violence, or illegal activity, will result in immediate permanent termination without warning, along with referral to law enforcement authorities.

Content Removal & Credit Forfeiture

Prohibited content will be removed from our systems. Credits consumed in generating prohibited content will not be refunded. Credits remaining in terminated accounts will be forfeited.

8. Third-Party Models & Services

Replicate Integration

Banana AI accesses third-party AI models through Replicate and other service providers. These models are developed and maintained by independent third parties, not by Banana AI.

No Guarantees on Outputs

We do not guarantee the quality, accuracy, safety, or appropriateness of outputs generated by third-party models. AI models may produce unexpected, biased, inaccurate, or inappropriate results. You use these models at your own risk.

Model Availability

Third-party models may be modified, updated, or discontinued at any time by their providers. We reserve the right to add, remove, or replace models in our Service without notice.

Third-Party Terms

Third-party AI model providers may have their own terms of service, usage policies, and acceptable use policies. By using models through Banana AI, you agree to comply with any applicable third-party terms. We are not responsible for enforcement of third-party terms or any disputes arising from your use of third-party models.

9. Disclaimer & Limitation of Liability

“AS IS” Service

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • The Service will meet your requirements or expectations

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BANANA AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS 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, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Service
  • Any conduct or content of any third party on the Service
  • Unauthorized access, use, or alteration of your content or account

Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to liability, or $100, whichever is greater.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. General Provisions

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the United States, and you hereby consent to personal jurisdiction and venue therein.

Dispute Resolution

Before filing a claim, you agree to contact us at contact@bananai.net to attempt to resolve the dispute informally. If we cannot resolve the dispute within 30 days, either party may pursue formal legal action.

Modification of Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email to the address associated with your account and by posting a notice on our website. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Banana AI regarding the Service and supersede all prior agreements, understandings, and representations.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder without restriction.

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:

Email: contact@bananai.net

Website: bananai.net

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe.