Acceptance of Terms

By downloading, installing, or using Banana Thumbnail ("the App," "our Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Banana Thumbnail ("we," "us," or "our").

Description of Service

Banana Thumbnail is a mobile application that provides AI-powered image, thumbnail, and video generation services. Our Service uses third-party AI technology from Google, including Google Gemini AI, Google Vertex AI Imagen 4.0, and Google Vertex AI Veo 3.1. Our Service allows users to:

• Generate AI-powered images and thumbnails from uploaded photos or text prompts
• Generate AI videos from images (beta feature)
• Apply various styling themes optimized for YouTube, Instagram, TikTok, and other platforms
• Create and manage a Brand Kit with custom assets (logos, colors, fonts)
• Analyze YouTube videos for thumbnail inspiration
• Purchase tokens for AI generation
• Access premium features without watermarks

Third-Party AI Services

Our Service relies on the following third-party AI technologies:

• Google Gemini AI (Gemini 2.5 Flash): Text analysis, prompt generation, and image understanding
• Google Vertex AI Imagen 4.0: AI image generation from text prompts
• Google Vertex AI Veo 3.1: AI video generation (beta feature)
• YouTube Data API: Video metadata retrieval for analysis features

Use of these services is subject to Google's Terms of Service and Privacy Policy. See our Privacy Policy for details on how your data is processed.

Disclaimer: Banana Thumbnail is an independent company and is not affiliated with, endorsed by, or sponsored by Google LLC. Google, Gemini, Vertex AI, and Veo are trademarks of Google LLC.

Token System and Payments

Token Purchases

• Tokens are required to generate AI images, thumbnails, and videos
• Token packages available:
- Starter: 25 tokens ($2.99)
- Basic: 45 tokens ($4.99)
- Popular: 100 tokens ($9.99)
- Pro: 225 tokens ($19.99)
• All purchases are processed through platform-specific payment systems:
- Android: Google Play Billing (required for compliance)
- iOS: Stripe (US market) or Apple In-App Purchase (international)

Payment Terms

• All payments are processed securely through third-party payment processors
• Prices are subject to change with notice
• Refunds are handled according to platform policies
• Tokens have no expiration date

Token Types & Watermarks

• Initial Tokens: Include "Made with Banana Thumbnail 🍌" watermark
• Purchased Tokens: No watermark, premium quality output
• Purchased tokens are used before initial tokens automatically

Acceptable Use Policy

✅ Permitted Uses

• Generate images, thumbnails, and videos for your own content (YouTube, Instagram, TikTok, etc.)
• Create content for clients with appropriate licensing agreements
• Use AI-generated content for personal and commercial purposes
• Use AI-generated content in accordance with platform guidelines
• Share generated content on social media and marketing materials

❌ Prohibited Uses

• Upload images containing copyrighted material without permission
• Generate content for illegal, harmful, offensive, or deceptive purposes
• Create deepfakes or misleading content intended to deceive
• Generate content depicting minors inappropriately
• Reverse engineer or attempt to extract our AI models
• Use automated systems to access the Service excessively
• Share account credentials with others
• Circumvent content moderation or safety filters

Intellectual Property Rights

Your Content

• You retain ownership of images you upload to the Service
• You grant us a limited license to process your images for AI generation
• Generated images, thumbnails, and videos become your property upon creation
• You may use generated content for personal and commercial purposes

Our Service

• Banana Thumbnail and its technology are protected by copyright
• You may not copy, modify, or distribute our software or AI models
• Our trademarks and branding remain our exclusive property

Third-Party Content

• Google Gemini AI, Vertex AI Imagen, and Vertex AI Veo are provided by Google LLC
• AI-generated content may include invisible SynthID watermarks
• Use of AI-generated content is subject to Google's terms

AI-Generated Content

Ownership & Usage Rights

• Ownership: Images, thumbnails, and videos you create using Banana Thumbnail are yours to use
• Commercial Use: You may use generated content for commercial purposes (YouTube, social media, marketing, advertising)
• No Exclusivity: AI models may generate similar outputs for different users with similar inputs
• Your Responsibility: You are responsible for ensuring your use of generated content complies with applicable laws and platform policies

Content Quality

• AI-generated content may contain imperfections, inaccuracies, or unexpected results
• We do not guarantee specific outcomes or quality levels
• You should review all generated content before publishing
• Generation times may vary based on server load and complexity

Video Generation (Beta)

• Video generation is currently a beta feature
• Video processing may take several minutes to complete
• Quality options (Fast/Standard) affect processing time and output quality
• Beta features may change or be discontinued without notice

AI Training & Your Data

• Your Images: Images you upload are NOT used to train our AI models or Google's AI models
• SynthID Watermark: AI-generated images from Google's services may include an invisible SynthID digital watermark for authenticity verification
• Content Moderation: Generated content is subject to automated safety filters that may reject certain prompts or images

Platform-Specific Terms

Google Play Store (Android)

• Additional terms from Google Play Developer Distribution Agreement apply
• In-app purchases are subject to Google Play's payment terms
• Content policies must comply with Google Play Developer Policy

Apple App Store (iOS)

• Additional terms from Apple's App Store Review Guidelines apply
• In-app purchases subject to Apple's terms (where applicable)
• Content must comply with Apple's App Store content policies

Stripe Payment (iOS - US)

• Payment processing subject to Stripe's Terms of Service
• Users in the US market may use external payment methods
• PCI DSS compliance maintained through Stripe

Disclaimers and Limitations

Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the service will be error-free or uninterrupted

AI Content Disclaimer

• AI-generated content may not always meet your expectations
• We cannot guarantee the accuracy, quality, or appropriateness of AI outputs
• AI may occasionally produce unexpected, inaccurate, or biased results
• Users are responsible for reviewing all generated content before use

Limitation of Liability

IN NO EVENT SHALL BANANA THUMBNAIL BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or business opportunities
• Damages exceeding the amount paid for tokens in the past 12 months

Video Generation Disclaimer

• Video generation is a beta feature and may be unstable
• Processing times vary and may take several minutes
• Video quality depends on input image quality and selected settings
• We do not guarantee video generation will succeed for all inputs
• Beta features may be modified or discontinued at any time

Third-Party Service Availability

• Our Service depends on Google's AI infrastructure
• Service interruptions may occur due to third-party outages
• We are not responsible for downtime caused by Google services
• Features may change if Google modifies their AI offerings

Termination

Termination Rights

• You may terminate your account at any time
• We may terminate or suspend accounts for Terms violations
• Termination does not affect already-purchased tokens

Effect of Termination

• Your right to use the Service ends immediately
• Unused tokens may be forfeited (subject to applicable law)
• Data deletion occurs according to our Privacy Policy

Contact Information

For questions about these Terms of Service, please contact us:

Email: support@bananathumbnail.com

Address: PO Box 4001 South Decatur Boulevard, #37-115, Las Vegas, NV 89103

Compliance Information

These Terms comply with:

• Google Play Developer Policy
• Apple App Store Review Guidelines
• Stripe Terms of Service
• Consumer protection laws in applicable jurisdictions