Terms of Service

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and Bananapie GmbH, a company incorporated under the laws of Germany, having its registered office at Eisenbahnstraße 11, 10997 Berlin, Germany ("GIBION", "we", "us", "our"), concerning your access to and use of the GIBION AI platform and services available at gibion.ai (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.

1. Definitions

"Account"

means your unique account created to access our Service

"Content"

means any text, data, information, images, or other materials uploaded, downloaded, or appearing on the Service

"Credits"

means the usage units purchased by Users to access the Service

"Legacy Plan"

means a subscription plan that is no longer offered to new customers but remains available to existing subscribers

"Subscription Period"

means the recurring billing period (monthly or annual) for your subscription

"User Content"

means Content provided by you through the Service

2. Use of Service

2.1 Eligibility

By using the Service, you represent and warrant that you have the legal capacity to enter into this Agreement. There is no minimum age requirement for using our Service, however, users under 18 must have parental or guardian consent.

2.2 Account Registration

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

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized use

2.3 Service Access

We integrate with various AI models and services including but not limited to OpenAI, Anthropic, Perplexity, Gemini, and DeepSeek. Your access to these integrations is subject to your subscription plan and available Credits.

3. Credits and Billing

3.1 Credit System

• The Service operates on a credit-based system
• Credits are consumed based on your usage of AI models and tools
• Different actions may consume different amounts of Credits
• Credits are tied to your Subscription Period

3.2 Credit Expiration

IMPORTANT: Credits do not carry over between billing periods. All unused Credits expire at the end of each Subscription Period.

3.3 Subscription Plans

Our subscription plans and pricing are subject to change. Current plans include but are not limited to:

• Free Trial Plan
• Paid subscription plans with varying Credit allocations
• Enterprise plans with custom pricing

Note: Specific plan details, pricing, and Credit allocations are displayed on our website and may be updated from time to time.

3.4 Plan Changes and Legacy Plans

3.4.1 Grandfathering Policy

If you are subscribed to a plan that we later modify or discontinue ("Legacy Plan"), you may continue on your Legacy Plan under the following conditions:

• You maintain continuous, uninterrupted subscription
• You do not change to a different plan
• Your payment method remains valid
• You comply with these Terms

3.4.2 Plan Modifications

We reserve the right to:

• Modify pricing for new subscribers
• Change Credit allocations for new subscribers
• Introduce new plans or discontinue existing ones
• Modify features available in each plan tier

3.4.3 Notice of Changes

• Changes to plans affect new subscribers immediately
• Existing subscribers on Legacy Plans will receive at least 60 days notice before any forced migration
• We may offer incentives to migrate from Legacy Plans but cannot force migration except as specified in Section 3.4.4

3.4.4 Forced Migration Circumstances

We may require Legacy Plan subscribers to migrate to current plans only if:

• Technical limitations make it impossible to maintain the Legacy Plan
• Legal or regulatory requirements necessitate changes
• The Legacy Plan is being abused or used in violation of these Terms
• We are discontinuing the entire Service

3.5 Additional Users

Team members can be added based on current pricing displayed in your account dashboard.

3.6 Additional Credits

You may purchase additional Credits during your Subscription Period at rates communicated through the Service.

3.7 Payment Terms

• All fees are exclusive of taxes
• Payments are due in advance
• We use third-party payment processors (currently Stripe)
• You authorize us to charge your payment method automatically
• Prices are displayed in Euros (€) unless otherwise specified

3.8 Auto-Renewal

Your subscription will automatically renew at the end of each Subscription Period unless cancelled at least 24 hours before renewal. Legacy Plans will renew at their original pricing unless you have been notified of required changes.

3.9 Refunds

Fees are non-refundable except:

• If the Service experiences downtime exceeding 5% of the billing period
• As required by applicable law

3.10 Price Changes for Existing Subscribers

For non-Legacy Plan subscribers, we may change prices with 30 days notice. You may cancel before the new price takes effect.

4. Acceptable Use

4.1 Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Process personal data without proper legal basis or consent
• Engage in any unethical activities
• Infringe intellectual property rights
• Transmit malicious code or viruses
• Attempt to gain unauthorized access
• Resell or redistribute the Service without authorization
• Create derivative works of the Service
• Use automated systems to access the Service beyond normal use
• Harass, abuse, or harm others
• Circumvent Credit limitations or billing systems

4.2 Content Restrictions

You are solely responsible for your User Content. You may not submit Content that:

• Is illegal, harmful, threatening, abusive, or defamatory
• Violates privacy rights or contains personal data without consent
• Infringes intellectual property rights
• Contains malware or harmful code
• Violates any applicable laws

5. Intellectual Property

5.1 Service Ownership

GIBION owns all rights, title, and interest in the Service, including all intellectual property rights.

5.2 User Content Ownership

You retain all rights to your User Content. Outputs generated through the Service belong to you.

5.3 License to GIBION

You grant GIBION a worldwide, non-exclusive, royalty-free license to:

• Host and store your User Content during your membership and 180 days after cancellation
• Process your User Content to provide the Service
• Create anonymized and aggregated data for analytics and service improvement

5.4 Aggregated Data

We retain the right to collect and use aggregated, anonymized usage data for any purpose, including service improvement and analytics.

6. Data Protection and Privacy

6.1 Personal Data Processing

We process personal data including email, company name, first name, last name, and billing information in accordance with our Privacy Policy and applicable data protection laws.

6.2 User Content Storage

User Content is retained during your active membership and for 180 days following cancellation.

6.3 Data Processing Agreement

If you process personal data through our Service, you must enter into our Data Processing Agreement (DPA).

7. Third-Party Services

The Service integrates with third-party AI providers. Your use of these integrations is subject to their respective terms and conditions. We are not responsible for third-party services' availability or functionality.

8. Disclaimer of Content & Warranties

8.1 Disclaimer of Warranties

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, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee:

• Uninterrupted or error-free service
• Accuracy of outputs or results
• Service uptime or availability SLAs
• Compatibility with Legacy Plans indefinitely

8.2 Content Disclaimer

GIBION assumes no responsibility or liability for any content, output, or results generated through the use of GIBION AI. Users are solely responsible for reviewing, verifying, and ensuring the accuracy, legality, and appropriateness of all AI-generated content before use. We do not guarantee that outputs will be accurate, complete, reliable, current, error-free, or suitable for any particular purpose. Users must exercise their own judgment and, where appropriate, seek professional advice before relying on or using any AI-generated content. GIBION expressly disclaims all liability for any damages, losses, or consequences arising from the use of or reliance on AI-generated outputs, including but not limited to any errors, omissions, inaccuracies, or harmful content that may be produced. By using GIBION AI, you acknowledge that AI systems can produce unexpected, incorrect, or inappropriate results, and you assume all risks associated with such outputs.

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIBION'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO GIBION IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9.2 Exclusion of Damages

IN NO EVENT SHALL GIBION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

9.3 Essential Basis

These limitations reflect the allocation of risk between the parties and form an essential basis of the bargain.

10. Indemnification

You agree to indemnify, defend, and hold harmless GIBION and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another
• Your User Content

11. Termination

11.1 Termination by You

You may terminate your account at any time through your account settings. Termination is effective at the end of the current Subscription Period. Note: If you terminate a Legacy Plan, you cannot re-subscribe to that plan.

11.2 Termination by GIBION

We may suspend or terminate your account immediately for:

• Violation of these Terms
• Non-payment
• Suspected fraudulent or illegal activity
• As required by law

11.3 Effect of Termination

Upon termination:

• Your access to the Service ceases
• Unused Credits are forfeited
• User Content may be deleted after 180 days
• You lose access to any Legacy Plan pricing
• Provisions that should survive termination will remain in effect

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany.

12.3 Dispute Resolution

Before initiating legal proceedings, parties agree to attempt good faith resolution through written notice describing the dispute.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and GIBION regarding the Service.

13.2 Amendments

We may modify these Terms at any time. Material changes will be notified via email or Service notice at least 30 days before taking effect. Continued use after changes constitutes acceptance. Changes to these Terms do not affect your Legacy Plan status unless specifically stated.

13.3 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

13.4 No Waiver

Failure to enforce any provision does not constitute a waiver.

13.5 Assignment

You may not assign these Terms. GIBION may assign its rights to any affiliate or successor. In case of acquisition or merger, Legacy Plans will be honored by the successor entity.

13.6 Force Majeure

Neither party is liable for delays due to circumstances beyond reasonable control.

13.7 Notices

Notices to GIBION should be sent to:

13.8 Language

These Terms are drafted in English. In case of translation conflicts, the English version prevails.

13.9 Beta Features

We may offer beta, experimental, or early access features. These are provided as-is without warranties and may be modified or discontinued at any time without affecting your core subscription benefits.