Terms of Service for CyberBanana

Effective Date: October 6, 2025

Introduction and Acceptance of Terms

Welcome to CyberBanana, an advanced AI image generation platform powered by Google's Gemini 2.5 Flash Image API (www.nano-banana.ai). By accessing or using our AI image generation service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any of these terms, please do not use our service.

These Terms constitute a legally binding agreement between you and CyberBanana regarding your use of our AI image generation platform and related services.

Please note: CyberBanana is an independent service that utilizes Google's Gemini 2.5 Flash Image API technology (whose underlying image model is internally codenamed "Nano Banana"). We are not affiliated with, endorsed by, or sponsored by Google LLC.

Trademark Notice

CyberBanana is the brand and trade name of this service. "Nano Banana", "Gemini", and "Google" are trademarks of Google LLC. References to "Nano Banana" throughout this site and these Terms are made solely for descriptive (nominative fair use) purposes — to identify the underlying Google Gemini Image model that powers certain features of CyberBanana. CyberBanana is an independent service and is not affiliated with, endorsed by, sponsored by, or otherwise officially connected to Google LLC. All other trademarks, service marks, and trade names referenced in these Terms are the property of their respective owners.

Use of the Service

Service Description

CyberBanana provides users with advanced AI-powered image generation capabilities using Google's Gemini 2.5 Flash Image API. Our service includes:

  • AI image generation with text prompts
  • Image-to-image transformation capabilities
  • Character consistency preservation via Gemini API
  • Superior one-shot editing results
  • Multi-image fusion and processing
  • Real-time image generation powered by Google's technology

Acceptable Use

You agree to use the service in accordance with all applicable local, state, national, and international laws and regulations. You may use CyberBanana for:

  • Personal creative projects and artwork
  • Commercial content creation and marketing materials
  • Social media posts and blog content
  • Professional design and branding projects
  • Educational and artistic purposes
  • Business presentations and promotional materials

Prohibited Use

You agree NOT to use the service to generate, upload, request, edit, share, or distribute any of the following categories of content. This list is illustrative and non-exhaustive.

Sexual and Adult Content (Strictly Prohibited)

We have a zero-tolerance policy for sexual and adult content. You may NOT use the service to generate, request, edit, upload, share, or distribute:

  • NSFW (Not Safe For Work) content of any kind
  • Sexually explicit, sexual, adult, or pornographic content, including nudity, partial nudity, sexual acts, sexually suggestive imagery, fetish content, or erotica
  • Any content that sexualizes, depicts, or implies the sexualization of minors in any form (this includes Child Sexual Abuse Material — "CSAM"). Any such activity will be reported to the National Center for Missing & Exploited Children (NCMEC) and/or the appropriate law-enforcement authorities, and the offending account will be terminated immediately and permanently without refund.
  • Non-consensual intimate imagery, "deepfake" pornography, or any sexualized depiction of a real, identifiable individual without their explicit, verifiable consent
  • Content intended to be used on, marketed to, or distributed through adult, pornographic, or sexually oriented platforms
  • Content that depicts or simulates sexual violence, sexual coercion, or non-consensual sexual acts

Other Prohibited Content

  • Illegal, harmful, hateful, harassing, defamatory, threatening, or violent content
  • Content depicting real-world violence, gore, self-harm, suicide, or eating disorders in a glorifying manner
  • Content that promotes terrorism, violent extremism, illegal weapons, illegal drugs, or other unlawful activity
  • Misleading deepfakes, fraudulent media, or impersonation of real persons or public figures without clear disclosure or consent
  • Content that infringes the intellectual-property, privacy, or publicity rights of any third party
  • Spam, malware, phishing, fraud, scams, or social-engineering content
  • Content that violates Google's Generative AI Prohibited Use Policy or any applicable law in your jurisdiction
  • Attempts to reverse-engineer Google's Gemini API or our platform, or to bypass our content-safety filters
  • Automated or bulk processing that exceeds our rate limits or otherwise violates these Terms

Enforcement

We reserve the right, in our sole discretion and without prior notice, to: filter or block prompts and outputs; remove content; suspend or permanently terminate accounts; withhold or deny refunds for prohibited use; preserve and disclose information to law-enforcement authorities; and pursue any other remedy available under applicable law. Repeated or severe violations of this section — and any violation involving minors — will result in immediate, permanent account termination without refund.

User Accounts and Registration

Account Creation

To access certain features of the service, you need to create an account. You must:

  • Provide accurate and complete information during registration
  • Be at least 13 years of age (or legal age in your jurisdiction)
  • Maintain updated contact information
  • Comply with our community guidelines

Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use or security breaches
  • Using strong passwords and enabling two-factor authentication when available

AI-Generated Content and Intellectual Property

Content Ownership

  • Your Uploads: You retain ownership of images you upload to our service
  • Generated Content: You own the AI-edited/generated images created through our service
  • Commercial Use: You may use generated content for commercial purposes
  • Platform Technology: CyberBanana retains all rights to our platform, interface, algorithms, and proprietary technology (excluding Google's underlying Gemini API technology, which remains the property of Google LLC)

Content Licensing

By using our service, you grant CyberBanana:

  • A limited license to process your uploaded images for the sole purpose of providing our AI editing services
  • The right to use anonymized and aggregated data to improve our AI models
  • Permission to display your generated content (with your consent) for promotional purposes

Third-Party Content

You represent and warrant that:

  • You have the right to upload and edit any images you submit
  • Your use of the service does not infringe on third-party rights
  • You will not upload copyrighted material without proper authorization

Google Gemini API Usage and Data Handling

Third-Party AI Processing

Our service utilizes Google's Gemini 2.5 Flash Image API:

  • Your images and prompts are processed by Google's AI systems
  • Processing is subject to Google's AI usage policies and terms
  • Google may use data in accordance with their own policies for API improvement
  • We do not train our own AI models - we utilize Google's existing technology

Data Protection

We are committed to protecting your content within our platform:

  • Images are processed through Google's API in real-time
  • Generated images may be temporarily stored for download and account history
  • You can delete your generated content from our platform at any time
  • For data processed by Google's API, please refer to Google's privacy policies

Subscription Plans and Payments

Pricing Tiers

  • Free Usage: Limited generations available with account registration
  • Credit Packs: Purchase credits for additional generations as needed
  • Subscription Plans: Monthly plans with included credits and premium features
  • Custom Solutions: Enterprise options available for high-volume users

Payment Terms

  • All subscriptions are billed in advance
  • Prices are subject to change with 30 days notice
  • Refunds may be available in accordance with our refund policy
  • Failed payments may result in service suspension

Usage Limits

Usage limits depend on your subscription level:

  • Number of image generations based on available credits
  • Maximum file size for uploads (5MB standard)
  • Rate limits to ensure fair usage across all users
  • Access to premium features based on subscription tier

Content Moderation and Safety

AI Safety Measures

We employ various safety measures including:

  • Content filtering to prevent inappropriate image generation
  • Prompt analysis to detect policy violations
  • Automated moderation systems
  • Human review for flagged content

Reporting Violations

Users can report inappropriate content or policy violations through our reporting system. We review all reports and take appropriate action.

Service Availability and Performance

Service Level

While we strive for high availability, we do not guarantee:

  • Uninterrupted service operation
  • Error-free functionality
  • Specific generation speeds (though we target 0.8-second average)
  • Permanent storage of generated content

Maintenance and Updates

We may:

  • Perform scheduled maintenance with advance notice
  • Deploy updates to improve service quality
  • Temporarily suspend service for critical updates
  • Modify features based on user feedback and technical requirements

Termination

Termination by You

You may terminate your account at any time by:

  • Canceling your subscription through account settings
  • Contacting our support team
  • Following the account deletion process

Termination by Us

We reserve the right to terminate or suspend your access for:

  • Violation of these Terms of Service
  • Fraudulent or illegal activities
  • Abuse of our AI systems
  • Non-payment of subscription fees
  • Conduct harmful to other users or our service

Disclaimers and Warranties

Service Disclaimer

The service is provided on an "as is" and "as available" basis. We make no warranties regarding:

  • Accuracy of AI-generated content
  • Suitability for specific purposes
  • Uninterrupted service availability
  • Compatibility with all devices or browsers

AI Technology Limitations

You acknowledge that:

  • AI-generated content may not always meet expectations
  • Our AI models have inherent limitations and biases
  • Generated content should be reviewed before commercial use
  • Technology is continuously evolving and improving

Limitation of Liability

To the fullest extent permitted by law, CyberBanana shall not be liable for:

  • Direct, indirect, incidental, or consequential damages
  • Loss of profits, data, or business opportunities
  • Damages arising from AI-generated content
  • Third-party claims related to generated content
  • Service interruptions or technical failures

Our total liability shall not exceed the amount paid by you for the service in the preceding 12 months.

Indemnification

You agree to indemnify and hold harmless CyberBanana, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

  • Your use of the service
  • Content you upload or generate
  • Violation of these Terms
  • Infringement of third-party rights
  • Your commercial use of generated content

International Use and Export Controls

Global Access

While our service is available globally, you are responsible for compliance with local laws and regulations in your jurisdiction.

Export Restrictions

You agree not to export or re-export our technology to countries or entities restricted by applicable export control laws.

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law provisions.

Dispute Resolution

Any disputes arising from these Terms or the service will be resolved through:

  1. Good faith negotiation
  2. Binding arbitration if negotiation fails
  3. Courts of competent jurisdiction in [Your Jurisdiction] for certain matters

Changes to These Terms

We reserve the right to update or modify these Terms at any time. We will:

  • Provide at least 30 days notice for material changes
  • Post updates on our website with effective dates
  • Notify users via email for significant modifications
  • Allow reasonable time for review before changes take effect

Your continued use of the service after changes become effective signifies acceptance of the new terms.

Contact Information

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

Website: www.nano-banana.ai
Email: support@nano-banana.ai
Support: Visit our website for support options

Important References:

  • Google's Terms of Service (applies to Gemini API usage)
  • Google's AI Principles (governs AI processing)

Acknowledgment

By using CyberBanana, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing CyberBanana for your AI image generation needs!

Create stunning images with the power of Google's Gemini AI — responsibly and legally. 🍌✨

CyberBanana is an independent service. "Nano Banana" and "Gemini" are trademarks of Google LLC, referenced for descriptive purposes only. Not affiliated with Google.