Terms of Service

Last Updated: September 1, 2025
Effective Date: September 1, 2025

1. Acceptance of Terms

By accessing or using the Nano Banana service, website, or any applications (together, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We reserve the right to update and change these Terms at any time without notice. Continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Description of Service

Nano Banana provides an AI-powered platform for generating images, videos, and 3D models from text prompts and other inputs. The Service includes access to our web application, API, and related tools and features.

3. User Accounts

3.1 Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding the password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Age Requirements

You must be at least 13 years old to use the Service. If you are between 13 and 18 years old, you must have your parent or legal guardian's permission to use the Service.

4. User Content

4.1 Your Content

You retain all rights to the content you create using our Service. By using the Service, you grant us a limited, non-exclusive, worldwide license to use, store, and process your content solely for the purpose of providing and improving the Service.

4.2 Content Restrictions

You agree not to use the Service to create, upload, transmit, or display content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, or offensive
Violates any third party's intellectual property or proprietary rights
Contains malware, viruses, or other harmful computer code
Impersonates any person or entity
Violates any applicable law or regulation

4.3 Content Moderation

We reserve the right to review, screen, and remove content that violates these Terms. However, we have no obligation to monitor all content and are not responsible for any user content posted on the Service.

5. Intellectual Property Rights

5.1 Service Content

The Service and its original content (excluding user content), features, and functionality are and will remain the exclusive property of Nano Banana and its licensors. The Service is protected by copyright, trademark, and other laws.

5.2 Feedback

Any feedback, comments, or suggestions you provide regarding the Service is entirely voluntary and we will be free to use such feedback without any obligation to you.

6. Payment Terms

6.1 Fees

Access to certain features of the Service requires payment. You agree to pay all fees associated with your use of the Service.

6.2 Billing

We use third-party payment processors to process payments. By providing payment information, you authorize us to charge the applicable fees through our payment processors.

6.3 Refunds

Refunds are provided in accordance with our Refund Policy, which is incorporated into these Terms by reference.

7. Prohibited Uses

You may not use the Service:

For any illegal purpose or to solicit others to perform illegal acts
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
To submit false or misleading information
To upload or transmit viruses or any other type of malicious code
To interfere with or circumvent the security features of the Service
To scrape, harvest, or collect information from other users
To use the Service in any manner that could damage, disable, overburden, or impair the Service

8. API Terms

8.1 API Access

We may provide you with access to our application programming interfaces ("APIs"). Your use of our APIs is subject to these Terms and any additional API documentation.

8.2 Rate Limits

You agree to comply with all rate limits and usage restrictions for the APIs.

8.3 API Key Security

You are responsible for maintaining the security of your API keys and for all activities that occur using your API keys.

9. Termination

9.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support.

9.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

9.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

The Service will function uninterrupted, secure, or available at any particular time or location
Any errors or defects will be corrected
The results of using the Service will meet your requirements

11. Limitation of Liability

IN NO EVENT SHALL NANO BANANA, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

12. Indemnification

You agree to defend, indemnify, and hold harmless Nano Banana and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Service
Your violation of any term of these Terms
Your violation of any third party right, including any copyright, property, or privacy right
Any claim that your content caused damage to a third party

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Nano Banana operates, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Dispute Resolution

14.1 Informal Resolution

We prefer to address your concerns without a formal legal case. Before filing a claim against Nano Banana, you agree to try to resolve the dispute informally by contacting support@applebanana.org.

14.2 Arbitration

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

14.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis only, and not as a plaintiff or class member in any class or representative action.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Assignment

We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

15.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

16. Contact Information

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

Nano Banana
Email: legal@applebanana.org
Support: support@applebanana.org