Terms of Service

1. Acceptance of Terms

By accessing or using TikBanana (the “Service”), you agree to be bound by these Terms of Service (the “Terms”) and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility & Accounts

• You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the Service.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
• You must provide accurate information and promptly update it as needed.

3. Subscriptions & Billing

• We offer subscription tiers (e.g., Starter, Pro, Studio) and one‑time credit packs. Current features and pricing are shown in‑app and may change.
• Subscriptions auto‑renew until canceled. Manage upgrades, downgrades, and cancellations via the Stripe Customer Portal. Changes may be prorated in credits.
• Fees are due in advance and are non‑refundable except where required by law. We may change prices with prior notice for renewals.
• Pay‑as‑you‑go charges may apply if you generate content without sufficient credits.
• Applicable taxes (including EU/German VAT) are added and collected via Stripe Tax where enabled.

4. Credits & Balance

• Credits are a limited, revocable right to access certain features (e.g., image generation, premium actions). Credits are not money, have no cash value, and are non‑transferable (except in marketplace transactions enabled in‑app).
• Monthly credits are granted per active plan and may include a limited rollover period with caps. Expired credits are forfeited.
• Credit packs and promotional credits are non‑refundable and may expire as disclosed.
• One standard generation typically deducts 1 credit; premium actions may cost additional credits as shown in‑app.
• We may adjust balances to correct errors, prevent fraud, or enforce these Terms.

5. Free Tier

• Free usage is limited (e.g., daily/monthly caps) and may require verified email and watermarks. Limits and eligibility may change.
• Free‑tier outputs are licensed for personal, non‑commercial use only and may include watermarks you may not remove.
• We may rate‑limit, suspend, or change free access at any time to protect the Service.

6. Marketplace

• The marketplace enables creators to list AI‑generated content and buyers to purchase access using credits. Unless otherwise stated, the minimum list price is 5 credits and the platform retains a 20% fee; creators receive 80%.
• We provide a platform only; we are not a party to transactions between users. Listings, descriptions, pricing, and licensing are set by creators subject to these Terms.
• Upon purchase, buyers receive a license specified at checkout (e.g., personal or commercial). Creators retain copyright except as expressly licensed. We may display standardized license summaries for clarity.
• Platform fees and creator proceeds are handled in credits and/or payouts via Stripe Connect. We may reverse, withhold, or offset proceeds for suspected fraud, chargebacks, or policy violations.
• Creators are solely responsible for their listings, compliance with law, and all applicable taxes. Buyers are responsible for verifying suitability and rights for their intended use.

7. Intellectual Property & Licensing

• User Content: You retain ownership of content you upload and grant us a worldwide, non‑exclusive, royalty‑free license to host, process, display, and transmit it to operate and improve the Service.
• AI Outputs: Subject to your plan and these Terms, paid subscribers receive commercial usage rights for outputs they generate; free‑tier outputs are non‑commercial. We do not guarantee outputs are unique or non‑infringing.
• Marketplace Purchases: Your rights are limited to the license disclosed at purchase. No ownership transfers unless explicitly stated. License violations may result in revocation.
• Restrictions: You must not remove watermarks, attribution, or metadata; attempt to re‑identify anonymized data; or use outputs in a way that violates third‑party rights or platform rules (e.g., TikTok policies).
• Takedowns: We may remove or disable access to content alleged to infringe rights and may terminate repeat infringers. You agree to cooperate with any rights or compliance review.

8. Acceptable Use

• Do not use the Service to violate any law, infringe rights, or distribute malware or spam.
• Do not attempt to bypass security, rate limits, or platform restrictions.
• Do not misrepresent generated content as human‑created content when disclosure is required by law or platform rules.

9. Prohibited Content

You may not upload, generate, or distribute content that is illegal, hateful, harassing, extremist, sexually explicit, exploitative, or violates others’ privacy or intellectual property. We reserve the right to remove content or suspend accounts that violate this policy.

10. Payments & Taxes

• Payments are processed by Stripe. You authorize us and Stripe to charge your payment method for fees, taxes, and any pay‑as‑you‑go usage.
• Prices exclude taxes unless stated. Where enabled, Stripe Tax calculates and collects applicable taxes (including German VAT). You are responsible for any additional taxes or reporting.
• We may suspend or terminate access for unpaid invoices, chargebacks, or suspected fraud.

11. Third‑Party Services

The Service integrates third‑party platforms (e.g., Google AI, Stripe, TikTok, hosting/CDN providers). Your use of those services is subject to their terms and policies. We are not responsible for third‑party services.

12. Refunds & Chargebacks

• Except where required by law, fees (including subscriptions, pay‑as‑you‑go charges, and credit packs) are non‑refundable and not subject to credit or exchange.
• If you initiate a chargeback or payment dispute, we may suspend your account and offset any resulting fees or losses against your balances or future payouts.
• Marketplace purchases are final; license delivery is the fulfillment. We do not guarantee satisfaction with creative quality.

13. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error‑free, secure, accurate, or that outputs will meet your expectations or intended legal/commercial requirements.

AI outputs may be non‑unique, contain errors or artifacts, and may require human review. We do not provide legal, tax, or professional advice.

14. Limitation of Liability

To the fullest extent permitted by law, TikBanana and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenues, goodwill, or data; business interruption; or replacement costs, arising out of or related to the Service, content, or these Terms, even if advised of the possibility of such damages.

Our aggregate liability for all claims in any 12‑month period is limited to the lesser of (a) the amounts you paid to us for the Service in that 12‑month period, or (b) €100. Certain jurisdictions do not allow limits on implied warranties or liability, so these limits may apply to the maximum extent permitted.

15. Indemnification

You will indemnify, defend, and hold harmless TikBanana, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your User Content or listings; (b) your use of outputs; (c) your marketplace transactions; (d) tax obligations; (e) your breach of these Terms or applicable law; or (f) your gross negligence or willful misconduct.

16. KYC & Payouts

• Payouts to creators are facilitated via Stripe Connect and require successful identity/KYC verification and compliance with Stripe’s terms.
• We do not control payout timing or availability; Stripe may impose holds, reserves, or limits. We may withhold or offset amounts for refunds, chargebacks, suspected fraud, or policy violations.
• Creators are solely responsible for reporting and remitting taxes on their earnings.

17. Termination

We may suspend or terminate access, remove content, or forfeit credits at any time if we believe you violated these Terms, engaged in fraud, or pose risk. Upon termination, your right to use the Service ceases immediately; no refunds are provided except where required by law.

18. Governing Law

These Terms are governed by the laws of Germany, without regard to its conflict of laws rules. Exclusive venue for all disputes is Berlin, Germany, and you consent to personal jurisdiction there. If you are a consumer residing in the EU, you may have mandatory rights under your local law which are not affected.

19. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via the Service or email. Your continued use after changes take effect constitutes acceptance of the new Terms. In case of conflict between these Terms and any other policy, these Terms govern as to the Service and monetization features.