These Terms of Service ("Terms") form a binding agreement between you and Banana Booth App LLC, a limited liability company organized under the laws of New Mexico ("Banana Booth," "we," "us," or "our").
The Terms apply to your access to and use of: (a) the Banana Booth website at bananabooth.app; (b) the Banana Booth Android application; (c) the Banana Booth iPhone/iPad web application; and (d) any pack, illustration, template, or other content offered by Banana Booth (collectively, the "Service").
By accessing or using the Service, purchasing a pack, or downloading the Android application, you agree to these Terms. If you do not agree, do not use the Service.
You should also read our Privacy Policy at bananabooth.app/privacy, which is incorporated into these Terms by reference and describes how we handle information.
Banana Booth is an adults-only service.
You may not use the Service unless you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. In some jurisdictions, applicable law may impose a higher minimum age; you must satisfy the higher of the two thresholds.
You may not use the Service if:
You are under the applicable minimum age
You are located in a jurisdiction where we do not currently operate, as indicated on the website
You are located in a jurisdiction where our Service or the content offered would violate applicable law
You have been previously terminated, suspended, or banned from the Service
You are prohibited from receiving the Service under applicable export controls, sanctions, or other laws
Access to adult content and purchases requires completion of age verification through a third-party vendor as described in the Privacy Policy. By completing age verification, you represent and warrant that all information you provide is accurate and that you meet the age requirement.
If we determine or reasonably suspect that you do not meet the eligibility requirements, we may immediately terminate your access without refund and, where legally required, refer the matter to authorities.
"Content" means illustrations, artwork, costumes, scenes, characters, packs, templates, code, documentation, or other material we make available through the Service.
"Pack" means a themed collection of costumes, characters, scenes, and related assets offered for purchase.
"User Photo" means any image you provide to the Service — either by uploading, capturing through the app, or selecting from your device. User Photos are processed on your device; Banana Booth does not receive them.
"Output" means the composite image you create using the Service, combining your User Photo with Content.
"You" or "your" means the individual accessing or using the Service.
Subject to your compliance with these Terms, Banana Booth grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use.
This license does not permit you to:
Copy, distribute, resell, sublicense, or otherwise transfer the Service or Content
Reverse engineer, decompile, or disassemble the Service, except where expressly permitted by applicable law
Remove or alter any proprietary notices, watermarks, or attribution marks
Use the Service to build a competing product or to train machine learning models
Use automated means (bots, scrapers, crawlers) to access the Service without our written permission
Bypass, disable, or interfere with security features of the Service
Redistribute the Android APK or make it available for download on any third-party site
Grant access to the Service to anyone who does not independently satisfy the eligibility requirements
When you purchase a Pack, Banana Booth grants you a perpetual, personal, non-exclusive, non-transferable, non-sublicensable license to use the Content in that Pack solely for the purpose of creating Output for your personal, non-commercial use.
This Pack license permits you to:
Use the Pack on the devices where you have the Service installed
Create an unlimited number of Outputs for your personal use
Save Outputs to your device and share Outputs with others through personal communication channels
This Pack license does NOT permit you to:
Sell, license, redistribute, or commercially exploit the Content or any Output made with the Content
Include Content in a product, service, or work you distribute publicly
Use Content to advertise or promote any business, service, or product without our written permission
Modify Content and represent the modified version as original artwork
Use Content in a way that infringes any third party's rights
Use Content to create Output that violates the Acceptable Use provisions in Section 9
Pack licenses are tied to your original purchase and cannot be transferred to another person. If you replace your device, you may re-install the Service and re-download the Pack per the delivery method in effect at your purchase, subject to reasonable proof of purchase.
You retain all ownership and rights to your User Photos and Outputs. Banana Booth does not claim ownership of any User Photo or Output.
Because the Service processes User Photos on your device and does not transmit them to Banana Booth (as described in the Privacy Policy), Banana Booth does not receive, review, moderate, or store User Photos or Outputs. This means:
You are solely responsible for the User Photos you provide and the Outputs you create
You represent and warrant that you have all necessary rights to the User Photos you use (either your own photos or photos of others for which you have obtained appropriate consent)
Banana Booth cannot recover, delete, or share User Photos or Outputs on your behalf — these are files on your device or in third-party services you share to
If a User Photo depicts a person other than yourself, you represent and warrant that you have obtained that person's informed and voluntary consent to (a) create the Output, (b) use the Output for the purpose you intend, and (c) share the Output with any recipient you intend to share with.
Consent is meaningful only when freely given. Consent cannot be assumed from a person's public presence, past behavior, prior consent to unrelated activity, relationship status, or intoxicated state.
Prices for Packs are shown on the Service before purchase. All prices are in United States Dollars (USD) unless otherwise indicated. We may change prices at any time; changes do not affect purchases already completed.
Payments are processed by a third-party payment processor as described in the Privacy Policy. By purchasing, you authorize the processor to charge your payment method for the full purchase price and any applicable taxes and fees.
If your payment method is declined or the payment is subsequently reversed for any reason, we may suspend your access to the affected Pack until payment is successfully completed or resolved.
You are responsible for any applicable taxes on your purchase. We collect and remit sales tax, VAT, or similar transaction taxes where legally required. Where taxes are not itemized on your receipt, prices include any tax we are obligated to collect.
Following a successful purchase, we deliver the Pack to you through the mechanism described at checkout — typically an updated APK download link (for Android users) or in-web-app entitlement (for web app users). Digital delivery is immediate or near-immediate.
All sales are final. Banana Booth does not offer refunds.
Banana Booth sells digital goods that are delivered immediately upon purchase. Because delivery is instantaneous and the Content cannot be returned or un-received, we do not issue refunds after purchase, whether the Pack has been downloaded or not.
By completing a purchase, you acknowledge that:
You have reviewed the Pack description, preview images, and pricing before purchase
Delivery occurs immediately on successful payment
You forfeit any right of withdrawal or refund that would otherwise apply to digital goods, to the maximum extent permitted by applicable law
You are responsible for confirming device compatibility before purchase
If you experience an issue with a purchase — the Pack does not download, the file is corrupted, a duplicate charge appears, or something else went wrong — contact us at support@bananabooth.app with (a) your order ID or purchase confirmation, (b) the payment method used, and (c) a clear description of the problem. We aim to respond within 5 business days and will work in good faith to resolve legitimate issues, which may include re-delivering the Pack, providing technical support, or, at our sole discretion, taking other corrective action.
We do not commit to any specific remedy other than to review and respond. Any resolution offered is at our sole discretion and is not an admission that a refund was owed.
Where applicable law in your jurisdiction requires a refund that cannot be waived by contract, we will comply with that law. Nothing in this Section limits any non-waivable statutory right you may have.
Do not initiate a chargeback. Contact us first.
Filing a chargeback with your card issuer, rather than contacting us, will result in immediate and permanent termination of your access to the Service, revocation of all Pack licenses associated with your purchases, and blocking of the payment method and identifiers you used from future transactions. Chargebacks impose significant costs on all parties and are disruptive to our merchant relationships.
We reserve the right to dispute any chargeback and to provide the payment processor and card networks with our purchase records, delivery confirmation, and any communications with you. In cases of chargebacks we believe are filed in bad faith or fraud, we may pursue recovery of the disputed amount, chargeback fees, and related costs, and may refer the matter to collections or law enforcement.
Your use of the Service must comply with this Acceptable Use Policy. Violation of this Policy is a material breach of these Terms and may result in immediate termination without refund, legal action, and referral to law enforcement.
You may not use the Service to create, transmit, or distribute any Content or Output that:
Depicts a minor — anyone under the age of 18, regardless of jurisdiction — in any sexual, suggestive, or exploitative context. This is an absolute prohibition. Suspected child sexual abuse material will be reported to the National Center for Missing and Exploited Children (NCMEC) and law enforcement.
Was created without consent — including any depiction of a real person that person did not knowingly and voluntarily agree to have created or shared.
Impersonates a real person — including public figures, celebrities, or private individuals — in a way intended to deceive viewers or damage reputation.
Sexualizes a real person without their consent — including via face-swap, deepfake, or realistic composite techniques that could reasonably be mistaken for authentic imagery of that person.
Constitutes non-consensual intimate imagery ("revenge porn") — including intimate images distributed without the depicted person's consent.
Depicts non-consensual sexual violence or is designed to promote sexual violence
Violates any applicable law in your jurisdiction or the jurisdiction where the Output will be shared.
You also may not:
Harass, threaten, defame, or stalk any person using the Service or any Output
Use the Service to distribute malware, phishing, or other malicious content
Attempt to access accounts, sessions, or data belonging to others
Sell, rent, or transfer your Pack license to another person
Circumvent age verification through fraudulent means
Use the Service to create Output for commercial gain without our written permission
Use the Service in a way that could damage, disable, overburden, or impair our infrastructure
Interfere with any other user's use of the Service
Use the Service in a manner inconsistent with any applicable laws or regulations
Because User Photos and Outputs are processed on your device and are not visible to us, we cannot proactively review Content or Output for compliance with this Policy. Enforcement is triggered by reports, chargebacks, external notice, or evidence brought to our attention.
When we become aware of a suspected violation, we may:
Suspend or terminate your access without notice
Withhold refunds where the violation is material
Cooperate with law enforcement investigations, including providing account records
Report suspected illegal activity to the appropriate authorities
Pursue civil remedies
The Service, the Content, all illustrations, artwork, packs, characters, scenes, code, trademarks, service marks, logos, product names, and other proprietary features of Banana Booth are owned by Banana Booth or its licensors and are protected by copyright, trademark, and other intellectual property laws.
Except for the licenses expressly granted in Sections 4 and 5, no rights are granted to you in the Service or the Content.
If you send us suggestions, ideas, feedback, or proposals about the Service, you grant Banana Booth a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute the feedback for any purpose, without compensation or attribution.
Certain elements of the Service may include content licensed from third parties. Third-party content is used under license, may include additional restrictions, and remains the property of its original owner.
Banana Booth respects intellectual property rights and expects users to do the same. If you believe your copyrighted work has been used on the Service without authorization, please review our DMCA Copyright Policy at bananabooth.app/dmca and submit a notice as described there.
Repeat infringers will have their access terminated in accordance with our repeat-infringer policy set forth in the DMCA Copyright Policy.
The Service integrates with third-party service providers as described in the Privacy Policy, including a payment processor, an age verification vendor, a website hosting provider, and others. Your interactions with third-party services are governed by their own terms and privacy policies. We are not responsible for the acts, omissions, or content of any third-party service.
The Service may also allow you to save or share Outputs to third-party applications and platforms. Once shared, the Output is subject to the terms of the receiving platform. We cannot recover, delete, or control Outputs after you share them.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANANA BOOTH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, Banana Booth does not warrant that:
The Service will meet your specific requirements or expectations
The Service will be uninterrupted, timely, secure, or error-free
Results obtained from the Service will be accurate or reliable
Any defects in the Service will be corrected
The Service will remain compatible with your particular device or operating system
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANANA BOOTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BANANA BOOTH'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID BANANA BOOTH IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS (US $50).
This limitation applies regardless of the legal theory on which the claim is based, whether contract, tort, warranty, statute, or otherwise. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the limitation applies to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Banana Booth, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:
Your use of or inability to use the Service
Your User Photos, Outputs, or other content you provide or create
Your violation of these Terms, including the Acceptable Use Policy
Your violation of any third party's rights, including intellectual property, privacy, publicity, or contract rights
Any act by you that is unlawful or that harms another person
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of the claim.
You may stop using the Service at any time. Uninstalling the Android app or ceasing to visit the website is effective termination on your side. You are not entitled to a refund of any purchased Packs upon voluntary termination.
We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms (including the Acceptable Use Policy), if required by law, if operating the Service becomes impractical, or for any other reason at our sole discretion.
Upon termination:
Your right to access the Service ends immediately
Your Pack licenses may be revoked (particularly if termination results from Acceptable Use violations)
You are not entitled to a refund unless applicable law requires one
Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive
These Terms and any dispute arising out of or related to these Terms or the Service are governed by the laws of the State of New Mexico, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing any formal claim, you agree to attempt to resolve the dispute informally by contacting us at legal@bananabooth.app with a clear description of the claim, your contact information, and the relief you seek. We will attempt to resolve the dispute informally within 60 days.
If we cannot resolve the dispute informally, YOU AND BANANA BOOTH AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL BE RESOLVED THROUGH BINDING ARBITRATION rather than in court, EXCEPT as described in the exceptions below.
The arbitration will be administered by the American Arbitration Association under its rules for consumer disputes. Arbitration will be conducted by a single arbitrator in Albuquerque, New Mexico, or by video conference if that is more convenient for the parties. The arbitrator has authority to award any remedy that would be available in court. Judgment on the award may be entered in any court of competent jurisdiction.
YOU AND BANANA BOOTH 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.
Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive or equitable relief in a court of competent jurisdiction for infringement or misuse of intellectual property rights. Nothing in this Section prevents either party from reporting suspected illegal activity to appropriate authorities.
You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@bananabooth.app within 30 days of first accepting these Terms. Your notice must include your full name, mailing address, and a clear statement that you decline arbitration. Opting out has no other effect on your relationship with Banana Booth.
The Service is operated from the United States and is intended for use in the United States and other jurisdictions we explicitly serve. If you access the Service from another jurisdiction, you do so on your own initiative and are responsible for compliance with local laws.
We make no representation that the Service is appropriate or available in any particular location. Access from jurisdictions where the Service is prohibited or restricted is not authorized.
We may modify these Terms from time to time. When we do, we will update the Effective Date and version at the top and, where practical, provide notice through the website, in-app notice, or email if you have provided one.
Material changes take effect the earlier of (a) 30 days after posting or (b) your next use of the Service after posting. If you continue to use the Service after material changes take effect, you accept the updated Terms. If you do not accept the updated Terms, you must stop using the Service.
Changes that are required by law, that address security or operational necessity, or that clarify existing terms without materially reducing your rights may take effect immediately.
These Terms, together with the Privacy Policy and any other agreements we reference, constitute the entire agreement between you and Banana Booth regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, replaced with a provision that most closely reflects the original intent.
Our failure to enforce any provision of these Terms is not a waiver of that provision or our right to enforce it later.
You may not assign or transfer these Terms or any rights or obligations under them without our written consent. We may assign these Terms freely, including in connection with a merger, acquisition, sale of assets, or by operation of law.
Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Banana Booth.
We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, fuel, energy, labor, or materials.
We may provide notices to you by posting on the Service, by in-app or in-web-app notice, or by email if you have provided one. You may provide notices to us at legal@bananabooth.app or by mail to the address in Section 22.
Section headings are for convenience only and do not affect interpretation.
California Civil Code Section 1789.3 requires California users to be provided with the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
For any purchase from Banana Booth, the seller is Banana Booth App LLC, contactable at the address in Section 22.
Operator: Banana Booth App LLC, organized under the laws of New Mexico
General Support: support@bananabooth.app
Legal Notices and Disputes: legal@bananabooth.app
Privacy Requests: privacy@bananabooth.app
Copyright / DMCA: See DMCA Copyright Policy at bananabooth.app/dmca
Report Non-Consensual Imagery: report@bananabooth.app
Mailing / Legal Contact Address: 1209 Mountain Road Pl NE #4863, Albuquerque, NM 87110, USA
