Terms of Service

Last updated: February 26, 2026

1. Acceptance of Terms

By accessing or using Batch Banana's website, applications, and AI image generation services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Services. We may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 13 years old (or the minimum digital consent age in your jurisdiction) to use the Services. If you are under 18, you must have the consent of a parent or legal guardian. By using the Services, you represent that you meet these requirements.

3. Account Registration

You must create an account to use most features of the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to notify us immediately of any unauthorized use of your account.

4. Service Description

Batch Banana is an AI image generation platform that allows you to create images using text prompts, reference images, and various AI models. The Services are provided on an "as is" and "as available" basis. We do not guarantee that the Services will be uninterrupted, error-free, or available at all times.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

5. Subscriptions, Credits, and Payment

Plans and Credits

The Services operate on a credit-based system. Credits are consumed when you generate images. Credit costs vary by model and resolution. Details of available plans and pricing are published on our website and may change from time to time.

Billing

Paid subscriptions are billed in advance on a recurring basis (monthly or annually) through our third-party payment processor. By subscribing, you authorize us to charge your payment method at the start of each billing cycle.

Cancellation

You may cancel your subscription at any time. Upon cancellation, your subscription will remain active until the end of the current billing period. Unused credits remain in your account after cancellation but may expire as described in your plan terms.

Refunds

All payments are final and non-refundable, except in cases of duplicate charges, billing errors, or other exceptional circumstances at our sole discretion.

6. Content Ownership and Intellectual Property

Your Input

You retain ownership of all content you provide to the Services, including text prompts, reference images, and uploaded files ("Your Content"). By using the Services, you grant us a limited, non-exclusive license to process, store, and display Your Content solely to provide and improve the Services.

Generated Output

Subject to these Terms and applicable law, you own the images generated through your use of the Services ("Generated Output"). You may use Generated Output for any lawful purpose, including commercial use, provided you comply with these Terms.

License to Us

You grant us a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, and display Your Content and Generated Output solely for the purposes of operating, maintaining, and improving the Services. We will not use Your Content or Generated Output for model training.

Limitations

  • Ownership of Generated Output is subject to applicable intellectual property laws, which may vary by jurisdiction. We make no guarantees regarding the registrability or protectability of AI-generated content.
  • You are responsible for ensuring your use of Generated Output does not infringe on the rights of others.
  • Generated Output may be similar to output generated for other users. We do not guarantee exclusivity.

7. Acceptable Use

You agree not to use the Services to:

  • Generate content depicting the sexual exploitation of minors or non-consensual intimate imagery.
  • Generate content intended to harass, threaten, defame, or intimidate any person.
  • Generate realistic depictions of real individuals without their consent for harmful, misleading, or deceptive purposes.
  • Generate content that promotes violence, terrorism, or illegal activities.
  • Generate content that constitutes hate speech or discriminates based on race, ethnicity, gender, religion, sexual orientation, disability, or other protected characteristics.
  • Infringe on the intellectual property, privacy, or publicity rights of others.
  • Attempt to bypass, disable, or circumvent content safety filters or other security measures.
  • Use the Services in any way that violates applicable laws or regulations.
  • Use automated tools, bots, or scripts to access the Services in a manner that exceeds reasonable use or circumvents rate limits.
  • Reverse engineer, decompile, or attempt to extract the source code of the Services.
  • Resell, sublicense, or commercially redistribute access to the Services without our written permission.

We reserve the right to remove content and suspend or terminate accounts that violate these Terms, with or without notice.

8. Content Moderation

We use a combination of automated systems and human review to enforce our content policies. We may review, remove, or restrict access to content that violates these Terms or our content guidelines. We are not obligated to monitor all content but reserve the right to do so.

9. DMCA and Copyright

We respect intellectual property rights and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA").

Filing a DMCA Notice

If you believe your copyrighted work has been used in a way that constitutes infringement, send a notice to our designated agent with:

  1. A description of the copyrighted work you claim has been infringed.
  2. A description of where the allegedly infringing material is located within the Services.
  3. Your contact information (name, address, telephone number, email).
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  5. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
  6. Your physical or electronic signature.

Contact

DMCA notices should be sent to:

Batch Banana DMCA Agent Email: dmca@batchbanana.com

We may terminate the accounts of repeat infringers.

10. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Services, you consent to the practices described in the Privacy Policy.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT GENERATED OUTPUT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATCH BANANA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Batch Banana and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) content you create using the Services.

14. Dispute Resolution

Informal Resolution

Before filing any formal legal proceeding, you agree to first attempt to resolve the dispute informally by contacting us. We will attempt to resolve the dispute through good-faith negotiation for at least 30 days.

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Jurisdiction

Any disputes not resolved informally shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

15. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination:

  • Your right to use the Services ceases immediately.
  • We may delete your account data and generated content after a reasonable retention period.
  • Provisions of these Terms that by their nature should survive termination will survive, including ownership, indemnification, limitation of liability, and dispute resolution.

You may terminate your account at any time by contacting us or using the account settings in the Services.

16. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Batch Banana regarding the Services.
  • Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
  • No waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
  • Force majeure. We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or infrastructure failures.

17. Contact Us

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

Batch Banana Email: legal@batchbanana.com