CodeBanana Terms of Use

1.1 CodeBanana is a tool product designed for development, collaboration, and intelligent assistance. Depending on the version and feature configuration, the Services may include, without limitation, AI chat, code generation, issue analysis, task breakdown, project collaboration, file management, model invocation, developer assistance, terminal and service management, online preview, deployment support, external device connection, audio recording and transcription, knowledge organization, and other related features.

1.2 Different versions of the Services may vary in layout, feature entry points, interaction methods, permission requests, supported features, and auxiliary capabilities. The actual version and interface you use will control.

1.3 We may modify, suspend, discontinue, limit, or update any part of the Services from time to time, including features, models, plans, pricing, availability, and supported platforms.

2.1 You must be at least 13 years old, or the minimum age required in your country or region to consent to use online services. If you are under 18 years old, you must have permission from your parent or legal guardian to use the Services.

2.2 You may need to create an account to access or use all or part of the Services. You agree to provide accurate, complete, and up-to-date information and to keep that information current.

2.3 You are responsible for all activity under your account. You may not share your account credentials, allow others to use your account, or transfer your account to another person without our permission.

2.4 You must safeguard your account credentials and promptly notify us if you become aware of any unauthorized access to or use of your account.

2.5 If you use the Services through a company, team, organization, or other workspace, the relevant administrator or account owner may have the ability to manage your access, project membership, permissions, resource allocation, quotas, billing attribution, workspace content, and related settings.

2.6 You may set or update your username, avatar, and other profile information. You represent and warrant that your profile information is lawful, does not impersonate another person, does not mislead others, and does not infringe or violate any third-party rights.

3.1 Subject to your compliance with these Terms and applicable law, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services.

3.2 You may not:

1. use the Services in a way that infringes, misappropriates, or violates any person's rights;
2. use the Services for unlawful, harmful, fraudulent, deceptive, abusive, harassing, defamatory, obscene, discriminatory, or otherwise objectionable purposes;
3. use the Services to create, distribute, or facilitate malware, spyware, phishing, spam, unauthorized access, credential theft, vulnerability exploitation, or other malicious activity;
4. access, use, scan, test, interfere with, or disrupt any system, network, account, device, data, or service without authorization;
5. modify, copy, lease, sell, resell, distribute, sublicense, or make the Services available to others except as expressly permitted by us;
6. reverse engineer, decompile, disassemble, or attempt to discover the source code, models, algorithms, systems, or underlying components of the Services, except where applicable law prohibits such restriction;
7. bypass, disable, or interfere with rate limits, access controls, usage restrictions, safety protections, security measures, or technical limitations;
8. use automated or programmatic methods to extract data, outputs, or content from the Services except through APIs or features we expressly permit;
9. use the Services to develop, train, improve, or validate competing models, systems, products, or services, except where expressly permitted by us or by applicable law;
10. process another person's code, files, projects, audio, recordings, account information, personal data, confidential information, or other data without proper authorization;
11. upload, import, record, transcribe, generate, deploy, or otherwise process content that you do not have the right to use;
12. use the Services in violation of export control laws, sanctions laws, trade restrictions, or other applicable laws.

3.3 We may investigate suspected violations of these Terms and may suspend, restrict, or terminate access to the Services if we believe a violation has occurred or may occur.

4.1 The Services may include, integrate with, or rely on third-party software, products, services, APIs, platforms, infrastructure, models, payment providers, cloud providers, messaging services, transcription services, authentication services, support tools, or other partners.

4.2 Your use of third-party services may be subject to the relevant third party's own terms, privacy policies, and rules. We are not responsible for third-party services, including their availability, accuracy, reliability, security, performance, or content.

4.3 The Services may route certain requests or content to third-party model providers or other technical service providers as necessary to provide the requested functionality.

6.1 CodeBanana may use third-party models and other AI technologies to provide code generation, modification suggestions, issue analysis, task breakdown, text generation, transcription, translation, summarization, and other AI-powered capabilities.

6.2 Output may contain errors, omissions, hallucinations, incomplete information, incompatibilities, security vulnerabilities, infringing material, or content that is not suitable for your intended use.

6.3 You understand and agree that:

1. Output does not constitute a factual guarantee, legal advice, technical warranty, medical advice, financial advice, or any other professional advice;
2. you must review, test, and validate any code, command, configuration, script, dependency, database statement, deployment suggestion, transcript, summary, answer, or other Output before relying on it;
3. you may not use Output as the sole basis for decisions that could have legal, financial, employment, education, insurance, medical, safety, or other material consequences for individuals or organizations;
4. you are solely responsible for the consequences of using, relying on, publishing, deploying, modifying, distributing, or commercializing Output;
5. you are responsible for reviewing any generated code for security, compatibility, licensing, open-source compliance, and production readiness.

6.4 AI-generated code may contain or resemble open-source code or other publicly available material. You are responsible for determining whether any license obligations, attribution requirements, restrictions, or other third-party rights apply before using, distributing, deploying, or commercializing such code.

7.1 The Services may support online preview, deployment, external links, runtime result pages, terminal commands, service management, device connection, recording, audio import, transcription, translation, summarization, and related features.

7.2 Some pages, applications, services, or results may be provided, hosted, rendered, executed, or triggered by your code, your project configuration, your device environment, third-party hosting or deployment infrastructure, connected devices, or third-party websites.

7.3 Certain processing activities in those environments may be controlled by your code, your device system, connected devices, or third-party providers and may be governed by their own terms and privacy policies rather than these Terms or our Privacy Policy.

7.4 You are responsible for ensuring that your code, pages, scripts, devices, deployments, external integrations, and published content comply with applicable law and that you have obtained all necessary rights, permissions, notices, and consents.

7.5 If you record, upload, import, transcribe, or process audio or other materials containing another person's voice, speech, likeness, personal data, confidential information, or other protected information, you are responsible for ensuring that you have all necessary rights, permissions, and lawful bases to do so.

9.1 You may stop using the Services at any time.

9.2 We may suspend, restrict, or terminate your access to the Services, or delete or restrict access to your account, Content, projects, workspace, or organization if:

1. you violate these Terms, applicable law, or our policies;
2. we are required to do so to comply with law, court orders, regulatory requirements, or governmental requests;
3. your use creates risk, harm, or potential liability for us, our users, our service providers, or others;
4. you engage in abusive, fraudulent, unpaid, high-risk, or otherwise improper conduct;
5. your payment fails, is disputed, is reversed, or remains unpaid;
6. your account has been inactive for an extended period and applicable law permits us to take action;
7. continuing to provide the Services would create security, operational, legal, or commercial risk.

9.3 If we suspend or terminate your account, you may lose access to your account, projects, Content, usage history, paid features, and organization settings.

9.4 If you believe your account was suspended or terminated in error, you may contact us.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODEBANANA AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

WE DO NOT WARRANT THAT THE SERVICES OR OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, SECURE, AVAILABLE, ERROR-FREE, NON-INFRINGING, OR SUITABLE FOR YOUR PARTICULAR PURPOSE.

YOU ACKNOWLEDGE THAT ANY OUTPUT, CODE SUGGESTION, DEPLOYMENT RECOMMENDATION, TRANSCRIPT, SUMMARY, TRANSLATION, OR OTHER AI-GENERATED RESULT IS USED AT YOUR OWN RISK AND SHOULD NOT BE TREATED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODEBANANA AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, SECURITY INCIDENTS, OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE LIABILITY AROSE; OR (B) USD $100.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF LIABILITY. IN THOSE JURISDICTIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

If you use the Services on behalf of a business or organization, or for a commercial purpose, then to the extent permitted by applicable law, you will defend, indemnify, and hold harmless CodeBanana, its affiliates, and their respective officers, directors, employees, contractors, agents, suppliers, and licensors from and against any third-party claims, losses, liabilities, damages, judgments, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

1. your use of the Services or Content;
2. your violation of these Terms;
3. your violation of applicable law;
4. your infringement, misappropriation, or violation of any third-party rights;
5. your code, deployments, external integrations, recordings, transcripts, audio, files, or other Content;
6. your failure to obtain necessary rights, permissions, notices, or consents.

You may not access or use the Services in or for the benefit of any country, region, individual, or entity subject to applicable export controls, sanctions, or trade restrictions, nor may you use the Services for any restricted end use.

You represent and warrant that:

1. you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive sanctions or trade restrictions;
2. you are not identified on any applicable restricted party list;
3. your use of the Services will comply with all applicable export control, sanctions, and trade compliance laws.

14.1 We may update, modify, suspend, or discontinue any part of the Services from time to time.

14.2 We may update these Terms from time to time. If we make material changes, we will provide notice by reasonable means, such as by posting the updated Terms, updating the "Last Updated" date, or providing additional notice where required by law.

14.3 Your continued use of the Services after the updated Terms become effective means that you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

15.1 These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, excluding its conflict of laws rules.

15.2 Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules. The arbitration will be conducted in English. The seat and venue of arbitration will be Delaware, United States, unless the parties agree otherwise.

15.3 If applicable law requires, the mandatory consumer protection laws of your place of residence may still apply. Nothing in these Terms limits any non-waivable rights you may have under applicable law.

15.4 You and CodeBanana agree that any dispute will be resolved only on an individual basis, and not as part of a class, consolidated, or representative action, to the extent permitted by applicable law.

16.1 These Terms, together with any additional terms, policies, or rules incorporated by reference, constitute the entire agreement between you and CodeBanana regarding the Services.

16.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

16.4 You may not assign or transfer these Terms or your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, corporate transaction, or by operation of law.

16.5 There are no third-party beneficiaries to these Terms unless expressly stated.