Terms and Conditions

(Banana Productions)

Last Revised: 10.11.2025

Nature and Acceptance

Please carefully go through the terms and conditions ("Terms"), before you decide to access and use the platform named "Banana Productions" available at https://banana.studio/ ("Platform") or avail the Services offered. These Terms constitute a legal agreement ("Agreement") between you and UPSURGE LABS PTE. LTD. ("Company") (on its and its affiliates behalf) in relation to the Services as defined below. If you do not agree to the Terms and Conditions, you must immediately discontinue any use of its services.

This Agreement applies to:

• A user of the app or the Platform ("You" "Customer" "User"). This Agreement applies to those services provided by the Company ("We" or "Us") on the platform named "Banana Productions" "banana.studio" ("Services").
• The Services may change from time to time, at the sole discretion of the Company, and the Agreement upon notification shall apply to you.

You acknowledge that you shall be bound by this Agreement for providing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Platform or avail any Services.

Terms

In order to download and/or use the Platform, Users must first accept these Terms and Conditions. These Terms and Conditions are accepted by Users when:

General Terms

You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to use of this platform and avail its services and (ii) of sound mind (iii) not legally disqualified by applicable laws of India to enter into this agreement (iv) freely consenting to this agreement and (v) You are located and agree to be bound by the laws where We operate. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide to us. Furthermore, you understand and accept the inherent nature of Artificial Intelligence (AI) services, including their potential for inaccuracies or unintended outputs, and agree to use such features responsibly.

These Terms constitute the entire Agreement between the Company and the User regarding the Service and supersede and replace any prior agreements the User and continue to bind you with every access of the Platform.

Description of the Content and Services

UPSURGE LABS PTE. LTD. is a technology company providing a platform for AI-driven content generation and related services. The Company provides you with access to certain content concerning the Company and its products and services, including descriptions, contact information, links, and other specialized content (collectively, the "Content"), as well as opportunities to contact the Company or third parties, and other features and services. This Agreement applies to any products or services, including a platform allowing users to utilize integrated Artificial Intelligence (AI) features for generating images, videos, and voice content, and other related content and services (all of the foregoing, collectively with the Content, the "Services"). All new Content, Services, or features made available through the Site that were not made available as of the "Last Revised" date above, shall automatically become subject to this Agreement.

The Site may include inaccuracies or errors, or materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us at info@upsurge.io with a description of the material(s) at issue, and the location ("URL") where such material(s) appear.

Provision of the Services

Users shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Services at their own responsibility and expense.

Acceptable Use

You may access the Platform on a free, no-charge basis, allowing for unlimited searches, without the need to register or create an account.

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit:

• (i) a message or information under a false name;
• (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person;
• (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.
• (iv) Information that is reasonably likely to constitute, encourage or provide instructions for a criminal offense, violate the rights of any party (including any right to privacy), or that would otherwise create liability or violate any local, state, national or international law;
• (v) any content, whether user-generated or AI ("Artificial Intelligence")-generated, that promotes or facilitates illegal activities, hate speech, discrimination, or violence;
• (vi) any AI-generated content, including deepfakes, that misrepresents individuals without their explicit consent or is used for malicious purposes such as harassment, defamation, or fraud.

You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of Service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. You shall not impersonate or attempt to impersonate the Company, its employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). You shall not engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability. You shall not violate any applicable laws. Neither the Company nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service, including any content generated using the AI features of the Platform.

Platform Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Platform, content available on the Platform, and any database operated by us, any proprietary software utilised by us to enable you to use Platform, and the underlying source code. These are protected by copyright laws and treaties around the world. Much of the content is protected by copyright, trade mark, patent, database rights, design rights (including in the "look and feel" and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trademarks and/or service marks, may not be copied or reproduced without our prior written consent. All such rights are reserved.

You may print off one copy, and may download and share extracts, of any page(s) from our Platform for your personal use only. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

You must not modify the paper or digital copies of any content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the content on our Platform for commercial purposes without obtaining a licence from us to do so. This includes not using the content on our Platform for the purposes of developing or contributing towards a solution utilising artificial intelligence.

If you print off, copy, download, share or repost any content or part of our Platform in breach of these terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the content you have made. We reserve the right to take further legal action in respect of any such breach.

User Content and AI-Generated Content

• You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and AI-Generated Content in connection with the Services and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This license also extends to using your content to improve, train, and develop our AI models and services.
• You represent and warrant that you have all necessary rights, licenses, consents, and permissions to grant the above license to the Company for your User Content and AI-Generated Content. You further warrant that your User Content and AI-Generated Content will not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

Disclaimer of Warranties and Limitation of Liability

• We exclude all implied conditions, warranties, representations, or other terms that may apply to our Platform or any content on it. The Platform and Services, including all AI features, are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that the results that may be obtained from the use of the Services, including AI-Generated Content, will be accurate, reliable, complete, or free from bias.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, our Platform or Services; or (ii) use of or reliance on any content displayed on our Platform, including User Content and AI-Generated Content. In particular, we will not be liable for (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.
• Any inaccuracies, errors, or offensive content generated by the AI features, or any consequences arising from the use or reliance on such AI-Generated Content. You acknowledge that the AI features are experimental and may produce unexpected or undesirable results. You assume all risks associated with your use of the AI features and any AI-Generated Content.

User Responsibilities

• You are solely responsible for your interactions with other users on the Platform and for any content you generate or share.
• You agree to use the AI features responsibly and ethically, ensuring that your prompts and the resulting AI-Generated Content comply with all applicable laws and these Terms. You shall not use the AI features to create or disseminate content that is illegal, harmful, defamatory, or infringes upon the rights of others.
• You acknowledge that the Company has no control over, and is not responsible for, the conduct of other users or the content they generate or share.

Content Moderation

The Company reserves the right, but is not obligated, to monitor, review, and remove any User Content or AI-Generated Content that, in its sole discretion, violates these Terms, is illegal, offensive, or otherwise inappropriate. The Company may also take any action it deems necessary, including suspending or terminating user accounts, if it believes a user has violated these Terms or applicable laws.

Role of Intermediary

Company offers a Platform bringing together users for AI content generation and acts only as a facilitator of AI tools, not as an agent for any user. The transaction between the party(s) is on principal-to-principal basis. The Company is not responsible for any content generated by users or the AI features.

Linking

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our brands or our reputation or take advantage of it. You are responsible for your own website and ensure it will at all times comply with all applicable laws.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to our Platform in any website, application or platform that is not owned by you.

Our Platform must not be framed on any other website, application or platform, nor may you create a link to any part of our Site other than the home page, without prior agreement.

We reserve the right to withdraw linking permission without notice.

Indemnification

The User shall indemnify and hold harmless the Company and its affiliates, subsidiaries, directors, officers, employees, and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs, and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to any of the following:

• your access to or use of the platform;
• any actions made with your account or account access whether by you or by someone else;
• your violation of any of the provisions of this agreement;
• your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
• any content you create, upload, post, or transmit through the Platform, including User Content and AI-Generated Content;
• your misuse or unauthorized use of the AI features of the Platform.

This clause shall survive the expiration or termination of this agreement.

Term and Termination

These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect till the User continues to access the Platform and avails the Services provided by the Company. The Terms shall further bind the parties when the nature of the clauses are in the nature of surviving.

The Company may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Further, the Company has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. The Company reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently.

Severability

These Terms are governed by the laws of Singapore. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect.

Legal Compliance

The Parties shall comply with all relevant laws, bye-laws, rules, regulations, orders, notifications, judgments and decrees in force, applicable to it and its business operations enforced either by the Union Government and/or by the respective State Governments, in their respective jurisdictions or any other applicable authority, as per the jurisdiction of the use of the Platform.

Disputes

The User agrees and understands that any claim, dispute or difference arising from these Terms and Conditions hereunder, at all times shall be subject to exclusive jurisdiction of applicable Singapore Courts.

Third Party

Where our Platform contains links to other Platforms, applications, or platforms (including social media Platforms) and resources provided by third parties, including but not limited to AI model providers and cloud services, these are provided for your information only. Any links which include the option to contact third parties are to be completed at your own risk. Such links should not be interpreted as approval by us of those linked Platforms, applications, platforms, or information you may obtain from them.

We have no control over the contents, material, or information which you may provide to those Platforms, applications, platforms, or resources.

This Platform may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this Platform should not be taken as an endorsement by us of any kind. Furthermore, this Platform contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

Miscellaneous

• Limited Time to Bring Your Claim: You and Company agree that any cause of action arising out of or related to the Company's Platforms or mobile apps, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
• Right To Remove Inappropriate Messages/ Content: We reserve the right to remove any messages, reviews, User Content, or AI-Generated Content we deem to be inappropriate, i.e., racist, sexist, threatening, or otherwise violating these Terms. Messages or content uploaded on the Platform using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.
• The headings in these Terms of Use are solely used for convenience only.
• Our delay or failure to exercise or enforce any right or provision of these Terms of Service shall not constitute or be construed as a waiver of such right to act.
• We shall not be responsible for any breach of these Terms of Service caused by circumstances beyond our control.

Grievance Redressal

Any complaints, abuse, or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature:

We request you to please provide the following information in your complaint:

• A physical or electronic signature of a person authorized to act on behalf of the owner for the purposes of the complaint.
• Identification of the work/complaint. In case of Intellectual Property Infringements, description, title papers (if any) and images of infringement. For AI-Generated Content, please provide the prompt used and the generated output.
• Identification of the material on our Platform that is claimed to be infringing or to be the subject of infringing activity, including its URL or specific location within the app.
• The address, telephone number or e-mail address of the complaining party.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner, its agent or the law.
• A statement, under penalty of perjury, that the information in the Complaint is accurate, and that the complaining party is authorized to act.
• An undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading/generating the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the date of receipt of the notice.

Company uses all reasonable efforts to ensure that the information published on this Platform is accurate, current, and complete at the date of publication, no representations or warranties are made (express or implied) as to the accuracy, currency, or completeness of such information. The Company cannot accept any responsibility (to the extent permitted by law) for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on this Platform or any other Platform to which it may be linked. The Company no warranty that this Platform is free from errors, defects or viruses.