Terms of Service for Upscale Banana
Introduction
Welcome to Upscale Banana. These Terms of Service ("Terms") govern your use of the Upscale Banana mobile application ("App") and services provided by Upscale Banana ("we," "us," or "our"). By accessing or using Upscale Banana, you agree to be bound by these Terms.
1. Acceptance of Terms
By downloading, installing, or using Upscale Banana, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.
2. Eligibility
You must be at least 13 years old to use Upscale Banana. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
3. License to Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use Upscale Banana for personal, non-commercial purposes.
You may NOT:
- Modify, reverse engineer, or decompile the App
- Use the App for any illegal or unauthorized purpose
- Remove any copyright or proprietary notices
- Attempt to gain unauthorized access to our systems
- Use the App to create or process content that violates others' rights
4. User Content
Your Responsibilities:
- You own the original photos you upload to Upscale Banana
- You have the right to use and process these photos
- You will not upload content that infringes on others' rights
- You will not upload illegal, offensive, or harmful content
Enhanced Content:
- You retain ownership of the enhanced/upscaled photos you create using Upscale Banana
- Enhanced photos are stored for 7 days for your convenience (subject to change)
- After 7 days, processed images may be automatically deleted from our servers
- Please download your enhanced photos before they expire
5. Credits and Payments
Credit System:
- Upscale Banana uses a credit-based payment system
- Credits are purchased through Apple's In-App Purchase
- Different enhancement models or features may cost different amounts of credits
- Credits do not expire as long as your account is active
Payments:
- All payments are processed through Apple
- Prices are displayed in your local currency
- Refunds are handled according to Apple's refund policy
- Credits are non-transferable and non-refundable except as required by law
6. Service Availability
We strive to provide reliable service, but:
- Service may be temporarily unavailable for maintenance
- We do not guarantee uninterrupted access
- Photo processing times may vary based on demand and file size
- We reserve the right to modify or discontinue features
7. Intellectual Property
Our Property: The Upscale Banana App, including its design, logo, algorithms, features, and content, is owned by Upscale Banana and protected by copyright, trademark, and other intellectual property laws.
Your Property: You retain all rights to the original photos you upload and the enhanced versions created using Upscale Banana.
8. Prohibited Activities
You agree NOT to:
- Use the App for any illegal purpose
- Upload content depicting violence, hate speech, or illegal activities
- Attempt to circumvent payment systems
- Interfere with other users' experience
- Use automated tools to access the service
- Violate these Terms
9. Account Termination
Your Rights: You may delete your account at any time through Settings → Delete Account.
Our Rights: We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice.
10. Disclaimers
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.
We disclaim all warranties, including:
- Merchantability and fitness for a particular purpose
- Accuracy or quality of AI-enhanced content
- Uninterrupted or error-free service
- Security of data transmission
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPSCALE BANANA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM:
- Your use or inability to use the App
- Loss of data or content
- Your violation of these Terms
- Unauthorized access to your account
- Third-party actions
12. Indemnification
You agree to indemnify and hold Upscale Banana harmless from any claims, damages, or expenses arising from your use of the App, your content, or your violation of these Terms.
13. Changes to Terms
We may modify these Terms at any time by:
- Posting updated Terms in the App
- Updating the "Last Updated" date
- Notifying you of material changes
Continued use of Upscale Banana after changes constitutes acceptance of the new Terms.
14. Privacy and Data
Your use of Upscale Banana is subject to our Privacy Policy, which is incorporated into these Terms by reference.
15. Governing Law
These Terms are governed by applicable laws. Any disputes will be resolved through binding arbitration or in courts of competent jurisdiction.
16. App Store Terms
You acknowledge that:
- These Terms are between you and Upscale Banana, not Apple
- Apple has no obligation to provide support for Upscale Banana
- Apple is not responsible for the App or content
- You comply with all applicable third-party terms when using Upscale Banana
17. Contact Us
For questions about these Terms, contact us at:
Email: support@upscalebanana.art
By using Upscale Banana, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.