Terms of Service

1. Agreement to Terms

By accessing or using the Banana Perks mobile application and website (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Banana Perks ("we," "our," or "us"). We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Eligibility

To use the Service, you must:

• Be at least 13 years old (or 16 in the European Economic Area)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• If registering as a merchant, have the authority to bind your business entity

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized access or security breach.

3.3 Account Termination

You may delete your account at any time through the app settings or by visiting our Account Deletion page. We reserve the right to suspend or terminate accounts that violate these Terms.

4. User Conduct

When using the Service, you agree NOT to:

• Violate any applicable laws or regulations
• Infringe on the rights of others, including intellectual property rights
• Submit false, misleading, or fraudulent information
• Harass, abuse, or harm other users or merchants
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Use automated systems (bots, scrapers) to access the Service
• Manipulate the intent matching or reputation system
• Create fake visits or reviews
• Use the Service for any illegal or unauthorized purpose

5. User Content

5.1 Your Content

You retain ownership of content you submit to the Service, including intents, reviews, photos, and profile information ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with the Service.

5.2 Content Standards

User Content must not contain:

• Illegal, harmful, or offensive material
• Spam, advertising, or promotional content
• Personal information of others without consent
• Malware, viruses, or harmful code
• Content that infringes intellectual property rights

5.3 Content Moderation

We reserve the right to remove or modify User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

6. Service Features

6.1 Intent Matching

Banana Perks uses AI-powered matching to connect users with merchants. We do not guarantee the accuracy or suitability of matches. Users are responsible for verifying merchant information before visiting.

6.2 Visit Verification

The Service uses location-based verification to confirm visits. Attempting to falsify location data or visits is strictly prohibited and may result in account termination.

6.3 Reviews and Ratings

Reviews must be based on genuine experiences at the merchant location. Fake reviews, paid reviews, or reviews in exchange for compensation are prohibited.

7. Merchant Terms

7.1 Merchant Accounts

Merchants must provide accurate business information. You represent that you have the authority to act on behalf of the business you register.

7.2 Credits and Payments

Merchants operate on a credit-based system. Credits are deducted for verified visits. Credit purchases are non-refundable except as required by law. All payments are processed through Stripe and subject to their terms.

7.3 Merchant Obligations

Merchants agree to:

• Honor offers and information displayed in the app
• Treat all customers fairly and professionally
• Not discriminate against Banana Perks users
• Maintain accurate business hours and information

8. Intellectual Property

The Service, including its design, features, content, and functionality, is owned by Banana Perks and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

"Banana Perks" and our logo are trademarks of Banana Perks. You may not use our trademarks without prior written consent.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Matches or recommendations will be accurate or suitable
• Merchant information is accurate or complete
• Any defects will be corrected

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Banana Perks SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR (B) $100 USD.

11. Indemnification

You agree to indemnify, defend, and hold harmless Banana Perks 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 User Content
• Your violation of any rights of another party

12. Dispute Resolution

12.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@Banana Perks.app to attempt informal resolution.

12.2 Arbitration

Any disputes not resolved informally shall be settled by binding arbitration in accordance with the American Arbitration Association rules. Arbitration shall take place in Columbus, Ohio.

12.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

13. Governing Law

These Terms shall be governed by the laws of the State of Ohio, United States, without regard to conflict of law principles.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Contact Us

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