Nano Banana Biz Terms of Service

1. Introduction

These Terms of Service ("Terms", "Terms of Service") are used to determine the rules of the Service and to clarify the legal relationship between the entity using the Service and NewOaks LLC ("Company") operates the Service. NewOaks LLC is a U.S. limited company with its principal place of business at 31 BRISTLECONE IRVINE, CA 92620 USA. The Company operates web pages located at nanobanana.biz ("Website") and offers Service (as defined below in Section 2). The Service is dedicated to professional entities to help them conduct their business.

Using the Website and/or the Service in any manner, also by going through the Account registration process, the User or the Guest declares that (i) he/she has read, understood and accepts the provisions of the Terms and Privacy Policy, (ii) his/her age and legal capacity enables to conclude an agreement with the Company, (iii) he/she has the right to act on behalf of the entity which he/she represents and his/her declarations are effective. If the User does not agree to apply under the provisions of the Terms, he/she should not use the Service. In such a case however, the User may contact the Company by emailing at support@newoaks.ai so the Company can try to find a solution.

2. Definitions

Unless otherwise indicated, the following capitalized terms have the following meaning:

Above mentioned definitions retain their meaning regardless of whether they are expressed in the singular or the plural.

3. General Rules

Using the Service means full acceptance of the Terms. The Terms apply to relations between the Company and the Guest or the User only. If the Service and/or the Website introduces the possibility of providing services by other entities, they will be provided on the basis of regulations shared by these entities and only these entities will be responsible for the execution of the services, except the content of the Terms clearly and unambiguously indicates otherwise. Each entity using the Service and/or the Website is obliged to use it in accordance with its destiny resulting from the Terms.

Using the Website is permissible provided that the Device meets jointly the following minimum technical requirements:

• has access to the Internet,
• allows the start-up of one of the following internet browsers: (i) Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge,
• the internet browser version used cannot be older than one year,
• has JavaScript enabled.

Using the API is possible if the following minimum technical requirements are met:

• has access to the Internet,
• has software that enables sending HTTP requests.

Using the Widget is possible if the following minimum technical requirements are met:

• has access to the Internet,
• allows the start-up of one of the following internet browsers: (i) Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge,
• the internet browser version used cannot be older than one year,
• has JavaScript enabled.

It is recommended to install anti-virus software on the Device or on the Mobile Device.

4. Account

Account set-up is possible through the Website. Account set-up requires logging in using Facebook account, Google account or registering by providing other personal email and Password. When you create an Account you should provide us with accurate, complete, and current information at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website and Service. You are responsible for maintaining the confidentiality of your Account and Password, including but not limited to the restriction of access to your Device or Mobile Device and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or Password, whether your Password is with our Website and Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

5. Communications

By creating an Account, you can agree to subscribe to newsletters, marketing or promotional materials and other information we may send.

6. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively "Promotion(s)") made available through Service or Website may be governed by rules that are separate from these Terms (in particular set out in the Agreement, if concluded). If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.

7. Subscriptions

Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your Account or by contacting Company's customer support team at support@newoaks.ai. A valid payment method, including credit or debit card, Apple Pay or Google Pay, is required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information including (i) full name, (ii) email address, (iii) country, (iv) business's legal entity name, (v) VAT tax number and (vi) a valid payment method information. By submitting such payment information, you automatically authorize Company to charge all Subscription fees incurred through your Account to any such payment instruments. Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Company is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country in which the person submitting an order resides / is located. Payment of these additional fees remains the responsibility of the person submitting the order.

8. Fee Changes

The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

9. Refunds

Except when required by law, paid Subscription fees are non-refundable.

10. Content

Our Service and Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible, in particular to your customers, for Content that you post on or through Service including its legality, reliability, and appropriateness. By posting Content on or through Service or Website, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of any User found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through Service or Website and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service.

11. Prohibited Uses

You may use Service or Website only for lawful purposes and in accordance with Terms. You agree not to use Service or Website:

• in any way that violates any applicable national or international law or regulation,
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise,
• to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation,
• to impersonate or attempt to impersonate Company, a Company employee, another User, or any other person or entity,
• in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity,
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service or Website, or which, as determined by us, may harm or offend Company or Users of Service or Website or expose them to liability.

Additionally, you agree not to:

• use Service and Website in any manner that could disable, overburden, damage, or impair Service or Website or interfere with any other party's use of Service, including their ability to engage in real time activities through Service or Website,
• use any robot, spider, or other automatic device, process, or means to access Service or Website for any purpose, including monitoring or copying any of the material on Service or Website,
• use any manual process to monitor or copy any of the material on Service or Website or for any other unauthorized purpose without our prior written consent,
• use any device, software, or routine that interferes with the proper working of Service or Website,
• introduce any viruses, trojan horses, worms, logic bombs, or other material, which is malicious or technologically harmful,
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service or Website, the server on which Service or Website is stored, or any server, computer, or database connected to Service or Website,
• attack Service or Website via a denial-of-service attack or a distributed denial-of-service attack,
• take any action that may damage or falsify Company rating,
• otherwise attempt to interfere with the proper working of Service or Website.

12. Analytics

We may use third-party service providers to monitor and analyze the use of our Service and Website.

13. Intellectual Property Rights

Unless otherwise stated, NewOaks LLC and/or its licensors own the intellectual property rights for all material on the Service. All intellectual property rights are reserved. You may access this from the Service for your own personal use subjected to restrictions set in these Terms.

You must not:

• Republish material from the Service
• Sell, rent, or sub-license material from the Service
• Reproduce, duplicate, or copy material from the Service
• Redistribute content from NewOaks LLC (unless content is specifically made for redistribution)

14. User Content

NewOaks LLC allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that:

• The Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms.
• The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

NewOaks LLC reserves the right to terminate the Account of any User found to be infringing on a copyright.

15. Limitation of Liability

In no event shall NewOaks LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service;
• Unauthorized access, use, or alteration of your transmissions or content.

16. Indemnification

You agree to defend, indemnify, and hold harmless NewOaks LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service;
• Your violation of any term of these Terms of Service;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
• Any claim that your Content caused damage to a third party.

17. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Governing Law

These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

19. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

20. Contact Us

If you have any questions about these Terms, please contact us:

21. Miscellaneous