Terms of Service

Last Updated: January 2025

By accessing or using D-1 and DT-1 (collectively, "the Services"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the services.

1. Eligibility

Age Requirement:

You must be at least 18 years of age to use the Services. By using these services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

Service Access:

D-1 and DT-1 are paid services that operate globally. Users can purchase credits via LemonSqueezy. D-1 is available in all regions where Google Gemini API operates, subject to Google's regional restrictions. DT-1 is available globally as it processes images on your device.

2. Description of Services

D-1:

D-1 is an AI-powered design tool that generates artistic images using Google Gemini AI technology. The service allows users to create images across multiple visual styles based on text prompts and optional reference images.

DT-1:

DT-1 is a pixel art converter that transforms images into retro-style pixel art. All image processing occurs entirely on your device - images are never uploaded to our servers or any third-party services. This ensures complete privacy and instant results.

Third-Party AI Processing (D-1 only):

D-1 uses Google Gemini AI for image generation. Your prompts, reference images, and generation parameters will be processed by Google's AI systems in accordance with Google's terms of service and privacy policy. By using D-1, you acknowledge and consent to this third-party data processing. Note: DT-1 does NOT send any data to third-party services.

3. User Accounts and Responsibilities

To use the Services, you must sign in with your Google account. By using the platform, you agree to:

  • • Provide accurate information during the Google authentication process
  • • Maintain the security of your account credentials
  • • Accept responsibility for all activities that occur under your account
  • • Notify us immediately of any unauthorized use
  • • Purchase credits through legitimate means (via LemonSqueezy only)
  • • Use the platform for lawful purposes only
  • • Take full responsibility for all prompts and reference images you submit
  • • Ensure your uploaded reference images do not violate third-party rights or applicable laws

Important:

Banana Control (the platform) is not liable for the content, legality, or appropriateness of prompts or reference images uploaded by users. You are solely responsible for ensuring your inputs comply with all applicable laws and respect third-party intellectual property rights.

4. Credit System and Payments

D-1 Credits:

D-1 uses a paid credit-based system for AI image generation. Credit packages: 50 credits ($19.99), 100 credits ($39.99), 200 credits ($79.99).

D-1 Credit Usage:

  • • Standard (1K): 1 credit per image
  • • High (2K): 3 credits per image
  • • Ultra (4K): 5 credits per image

DT-1 Credits:

DT-1 uses a separate credit system for exporting pixel art. Credit packages: 300 credits ($12.99), 600 credits ($25.99), 1000 credits ($42.99). New users receive 10 free credits.

DT-1 Credit Usage:

  • • 1 credit per PNG download
  • • 1 credit per SVG download
  • • Image processing and preview are free

General Purchase Terms:

  • • All credit purchases are final and non-refundable
  • • Credits are added automatically after payment via LemonSqueezy
  • • Credits do not expire and have no cash value
  • • We reserve the right to modify pricing at any time
  • • D-1 and DT-1 credits are separate and cannot be transferred between services

No Refund Policy - Important:

D-1:

Credits are consumed when your generation request is submitted to Google Gemini AI, regardless of the outcome. This means:

  • • No refunds if Google rejects your request due to content policy violations
  • • No refunds for failed generations caused by service errors or API limitations
  • • No refunds for unsatisfactory results - AI outputs may vary in quality
  • • Credits are deducted when the request package is prepared and sent to Google's API

We provide pre-configured system instructions that comply with Google's Generative AI Policies, but we cannot guarantee that every user prompt will be accepted. Users are responsible for ensuring their prompts comply with content policies.

DT-1:

Credits are consumed when you download (export) your pixel art. Since all processing happens on your device and you can preview results before downloading, no refunds are provided for:

  • • Downloads you initiated
  • • Unsatisfactory results (preview is free and unlimited)
  • • Technical issues on your device

5. Prohibited Uses

You agree NOT to use the Services for any of the following purposes:

  • • Illegal activities or content that violates applicable laws
  • • Medical, legal, or financial advice
  • • High-risk decision-making (medical diagnosis, legal proceedings, etc.)
  • • Developing competing AI or machine learning models
  • • Reverse engineering or extracting training data
  • • Harmful, harassing, or abusive content
  • • Deepfakes or misleading content intended to deceive
  • • Content that infringes intellectual property rights
  • • Content that violates Google's Generative AI Prohibited Use Policy

Violation of these restrictions may result in immediate account termination without refund.

6. Generated Content and Ownership

D-1 - AI Content Disclaimer:

ALL CONTENT GENERATED BY D-1 IS AI-CREATED AND MAY CONTAIN ERRORS, INACCURACIES, OFFENSIVE CONTENT, OR UNEXPECTED RESULTS.

You acknowledge and agree that:

  • • AI can make mistakes - outputs may be inaccurate, inappropriate, or unsuitable
  • • You are solely responsible for reviewing and validating all generated content before use
  • • D-1 makes no warranties about accuracy, reliability, suitability, or legal compliance
  • • Generated content should not be used for critical applications without human review
  • • D-1 is not responsible for any damages arising from your use of generated content

Ownership and Commercial Use:

You own the images you generate, provided they comply with applicable laws and do not infringe third-party rights. D-1 retains no ownership rights to your generated images. Subject to compliance with these Terms and applicable laws, you are free to:

  • • Use generated images for personal or commercial purposes
  • • Sell, distribute, or license your generated images
  • • Modify or create derivative works from your generated images

Limitations on Ownership:

  • • Similar or identical images may be generated for other users due to AI model behavior
  • • You may not claim exclusive copyright over AI-generated outputs in jurisdictions where AI works are not copyrightable
  • • You are responsible for ensuring commercial use complies with trademark, right of publicity, and other applicable laws
  • • D-1 is not liable if generated content infringes third-party rights

Platform Responsibility:

D-1 provides pre-configured system instructions that comply with Google's Generative AI Prohibited Use Policy. However, D-1 does NOT accept responsibility for:

  • • Content policy violations in user-submitted prompts
  • • Inappropriate, offensive, or illegal outputs generated by the AI
  • • Errors, hallucinations, or inaccuracies in AI-generated images
  • • Legal consequences arising from your use of generated content

DT-1 - Ownership:

DT-1 converts your images into pixel art using algorithms that run on your device. You retain full ownership of both your original images and the converted pixel art outputs. Since DT-1 simply applies algorithmic transformations to your images:

  • • You own all pixel art you create with DT-1
  • • You may use outputs for personal or commercial purposes
  • • You are responsible for ensuring you have rights to the source images you upload
  • • We claim no ownership over your source images or pixel art outputs

7. Platform Security and Acceptable Use

You agree NOT to engage in any of the following prohibited activities:

Account Misuse:

  • • Provide false or misleading information
  • • Impersonate any person or entity
  • • Share your account credentials with others
  • • Create multiple accounts to circumvent restrictions or reuse access keys
  • • Use another user's account without permission
  • • Share or resell credits purchased from LemonSqueezy

Technical Restrictions:

  • • Reverse engineer, decompile, or disassemble any part of the platform
  • • Attempt to extract, scrape, or mine data from the service
  • • Use automated tools (bots, crawlers, scrapers) without authorization
  • • Perform unauthorized security testing or penetration testing
  • • Attempt to bypass rate limits, access restrictions, or security measures
  • • Access the service through any means other than the provided interface
  • • Probe, scan, or test vulnerabilities of the system or network

Service Abuse:

  • • Interfere with or disrupt the service or servers
  • • Impose unreasonable load on infrastructure
  • • Introduce viruses, malware, or malicious code
  • • Attempt to gain unauthorized access to other users' accounts or data
  • • Resell, redistribute, sublicense, or commercially exploit the service

Violations of these restrictions may result in immediate account termination, legal action, and reporting to law enforcement authorities where applicable.

8. Intellectual Property

The Banana Control platform, including its design, features, and original content, is owned by Banana Control and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the platform without our permission.

9. Service Availability

The Services are provided "as is" and we do not guarantee:

  • • Uninterrupted or error-free service
  • • Availability at any specific time
  • • Preservation of user data or generated content

We may modify, suspend, or discontinue any part of the service at any time without prior notice.

10. Termination

We may terminate or suspend your account at any time, with or without cause or notice, for any violation of these Terms or for any other reason at our sole discretion. You may stop using the service at any time by deleting your account.

Upon termination, your right to use the service immediately ceases. Unused credits are non-refundable.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANANA CONTROL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO BANANA CONTROL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Banana Control from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

  • • Your use of the service
  • • Your violation of these Terms
  • • Your violation of any rights of third parties
  • • Any content you generate or submit

14. Governing Law

These Terms shall be governed by and construed in accordance with applicable international laws and consumer protection regulations. Any disputes shall be resolved through binding arbitration or in the courts of competent jurisdiction.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by updating the "Last Updated" date. Your continued use of the service after changes constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms, please contact us through the Info section or via our website.