Terms of Service

Effective Date: January 1, 2025 | Last Updated: December 15, 2024

1. Definitions and Interpretation

1.1 Key Definitions

In these Terms, the following definitions apply:

"AI-Generated Content" means any 3D models, textures, materials, renders, or other digital assets created or produced by our Service in response to User Input.

"AI Technology" means any and all machine learning, deep learning, neural networks, and other artificial intelligence technologies, including but not limited to generative models, diffusion models, and large language models used in our Service.

"Commercial Use" means any use of AI-Generated Content for business, professional, revenue-generating, or promotional purposes.

"Company," "we," "us," or "our" refers to Nano Banana, operating the AI 3D platform.

"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.

"Service" refers to the AI 3D platform, including our website (https://ai3d.cc), APIs, applications, and all related services.

"Training Data" means any data, content, or materials used to train, validate, test, or improve our AI Technology.

"User," "you," or "your" refers to the individual or entity accessing or using our Service.

"User Input" means any text prompts, images, parameters, settings, or other data you provide to generate AI-Generated Content.

2. Acceptance and Modification of Terms

2.1 Binding Agreement

By clicking "I Agree," creating an account, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2.2 Modifications

We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice on our Service at least 30 days before the effective date. Your continued use after such modifications constitutes acceptance of the updated Terms.

3. Service Description and Scope

3.1 AI 3D Generation Service

AI 3D provides an advanced artificial intelligence platform for generating professional-quality 3D models, textures, and related digital assets from text descriptions, images, or other inputs. Our Service includes:

• Text-to-3D model generation with multiple style options
• Image-to-3D conversion and enhancement
• Texture generation and material creation
• 3D model optimization and format conversion
• API access for integration into third-party applications
• Cloud storage and management of generated assets

3.2 Service Availability

While we strive for 99.9% uptime, we do not guarantee uninterrupted service. We reserve the right to modify, suspend, or discontinue any aspect of the Service with reasonable notice.

4. Account Registration and Security

4.1 Account Requirements

• You must be at least 18 years old or the age of majority in your jurisdiction
• You must provide accurate, complete, and current registration information
• You must not create accounts for automated or fraudulent purposes
• One person or entity may not maintain more than one free account

4.2 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 access or security breach
• Ensuring your API keys are kept secure and not shared publicly

5. AI-Generated Content and Intellectual Property

5.1 Ownership of AI-Generated Content

Subject to payment of all applicable fees and compliance with these Terms:

• You own all rights to AI-Generated Content created through your paid account
• Free tier users receive a non-exclusive, worldwide license to use AI-Generated Content
• We retain no ownership rights to your AI-Generated Content, except as necessary to provide the Service

5.2 License Grant to Company

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

• Process, store, and display your User Input and AI-Generated Content solely to provide the Service
• Use anonymized and aggregated data to improve our AI Technology
• Display your public creations in our gallery with your permission

5.3 Restrictions on AI Technology Use

You expressly agree NOT to:

• Reverse engineer, decompile, or attempt to extract our AI models or algorithms
• Use our Service to train, develop, or improve competing AI technologies
• Perform automated extraction or scraping of AI-Generated Content or Training Data
• Attempt to identify or reconstruct our Training Data
• Use the Service for model extraction attacks or adversarial purposes

6. Acceptable Use Policy

6.1 Prohibited Content

You may not use our Service to create, upload, or distribute content that:

• Infringes any third party's intellectual property rights
• Contains illegal, harmful, threatening, abusive, harassing, defamatory, or offensive material
• Depicts violence, hatred, or discrimination against individuals or groups
• Contains adult content, nudity, or sexual material
• Impersonates any person or entity or misrepresents your affiliation
• Violates any applicable laws, regulations, or third-party rights
• Contains malware, viruses, or harmful code
• Promotes illegal activities or substances

6.2 Prohibited Activities

You may not:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Attempt to bypass any rate limits or access restrictions
• Interfere with or disrupt the Service or servers
• Create derivative works based on the Service without permission
• Resell or redistribute the Service without authorization
• Use the Service to compete with us or create a similar service

7. Payment Terms and Credits System

7.1 Pricing and Payment

• All prices are listed in USD unless otherwise specified
• Payments are processed by third-party payment providers
• You authorize us to charge your payment method for all applicable fees
• Prices may change with 30 days notice for existing subscriptions

7.2 Credits System

• Credits are used to generate AI content
• Different operations consume different amounts of credits
• Unused credits expire 12 months after purchase
• Credits are non-transferable between accounts
• Bonus or promotional credits may have different expiration terms

7.3 Refund Policy

Due to the nature of digital services and computational costs:

• Credits are generally non-refundable once purchased
• Refunds may be provided at our discretion for technical issues
• Subscription cancellations take effect at the end of the billing period
• See our separate Refund Policy for detailed terms

8. API Terms and Rate Limits

8.1 API Access

• API access is provided subject to these Terms and API documentation
• You must authenticate all API requests with valid credentials
• API keys must be kept confidential and secure
• We may modify or deprecate API endpoints with reasonable notice

8.2 Rate Limits and Fair Use

• API requests are subject to rate limits based on your subscription tier
• Excessive use may result in temporary or permanent suspension
• We reserve the right to implement fair use policies

9. Privacy and Data Protection

9.1 Data Processing

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

9.2 Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

9.3 GDPR Compliance

For users in the European Economic Area, we comply with GDPR requirements, including:

• Lawful basis for processing personal data
• Data subject rights (access, rectification, erasure, portability)
• Data protection by design and default
• Appropriate technical and organizational measures

10. Third-Party Services and Content

10.1 Third-Party Integrations

Our Service may integrate with third-party services. Your use of such services is governed by their respective terms and privacy policies.

10.2 Third-Party Content

We are not responsible for third-party content accessed through our Service. You access such content at your own risk.

11. Disclaimers and Warranties

11.1 Service Disclaimer

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, AND NON-INFRINGEMENT.

11.2 AI-Generated Content Disclaimer

We do not guarantee that AI-Generated Content will:

• Be accurate, complete, or error-free
• Meet your specific requirements or expectations
• Be free from biases or inaccuracies inherent in AI systems
• Be suitable for any particular purpose
• Not infringe third-party rights (you must verify independently)

11.3 No Professional Advice

AI-Generated Content is not a substitute for professional advice. Always consult qualified professionals for legal, medical, financial, or other professional matters.

12. Limitation of Liability

12.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

12.2 Cap on Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

12.3 Exceptions

These limitations may not apply to damages arising from our gross negligence, willful misconduct, or where prohibited by applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Nano Banana, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any User Input or AI-Generated Content you create
• Your commercial use of AI-Generated Content

14. Termination and Suspension

14.1 Termination by You

You may terminate your account at any time through account settings. Termination does not entitle you to refunds for unused credits or subscription periods.

14.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if:

• You breach these Terms
• You engage in fraudulent or illegal activities
• You fail to pay applicable fees
• We are required to do so by law
• We discontinue the Service

14.3 Effects of Termination

Upon termination:

• Your right to access the Service ceases immediately
• We may delete your account data after 30 days
• You remain liable for all charges incurred before termination
• Sections that by their nature should survive will remain in effect

15. Digital Millennium Copyright Act (DMCA)

15.1 DMCA Notice

If you believe that AI-Generated Content infringes your copyright, please send a DMCA notice to:

Your notice must include:

• Physical or electronic signature of the copyright owner
• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury

15.2 Counter-Notice

If you believe your content was wrongly removed, you may submit a counter-notice with similar requirements.

15.3 Repeat Infringers

We will terminate accounts of repeat copyright infringers in appropriate circumstances.

16. Export Controls and Sanctions

You represent that you are not:

• Located in a country subject to U.S. embargo or designated as a "terrorist supporting" country
• Listed on any U.S. government prohibited or restricted party list
• Prohibited from using the Service under applicable export control laws

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve disputes informally by contacting legal@ai3d.cc. Most disputes can be resolved without formal proceedings.

17.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, except where prohibited by law.

17.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.

17.4 Exceptions

This arbitration agreement does not apply to disputes relating to intellectual property rights or claims that qualify for small claims court.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the federal and state courts located in Delaware.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms, constitute the entire agreement between you and us regarding the Service.

19.2 Severability

If any provision is found to be unenforceable, the remaining provisions will continue in full force and effect.

19.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

19.4 Assignment

We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our prior written consent.

19.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control.

20. Contact Information

© 2025 Nano Banana. All rights reserved. AI 3D™ is a trademark of Nano Banana.