Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Fusion Events Inc. ("Company," "we," "us," or "our"), a corporation incorporated under the laws of Ontario, Canada, operating the Banana Cam application and services (the "Service").

By creating an account, accessing, or using Banana Cam in any manner, you represent that:

• You are at least 18 years of age (or the age of majority in your jurisdiction).
• You have the legal capacity to enter into binding contracts.
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.
• Your use of the Service will comply with all applicable laws and regulations.

2. Description of Service

Banana Cam is an AI-powered photo generation application that allows users to upload photographs, provide text prompts, and generate transformed images using artificial intelligence and machine learning technology.

AI Technology: Our Service utilizes Google's Gemini Flash 2.5 (also known as "Nana Banana") AI model to process and transform your images. By using Banana Cam, you acknowledge that your photos and prompts will be sent to and processed by Google's AI infrastructure. Google's Terms of Service also apply to the AI processing: https://policies.google.com/terms

The Service includes but is not limited to:

• AI-powered image transformation and generation
• Multiple aspect ratio support (16:9, 9:16, 2:3, 1:1)
• Custom text overlay and branding features
• Image gallery and storage functionality
• Social sharing capabilities
• Custom overlay and border templates

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice or liability.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Maintain the security and confidentiality of your account credentials.
• Immediately notify us of any unauthorized use of your account.
• Accept responsibility for all activities that occur under your account.

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice, for any reason including but not limited to:

• Violation of these Terms or our policies.
• Fraudulent, abusive, or illegal activity.
• Creation of inappropriate or harmful content.
• Prolonged inactivity.
• At our sole discretion for any reason.

Upon termination, your right to use the Service will immediately cease. We are not liable for any loss or damage resulting from account suspension or termination.

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in a manner consistent with all applicable local, provincial, national, and international laws and regulations.

4.2 Prohibited Content

You expressly agree NOT to create, upload, generate, or share any content that:

• Is illegal, harmful, or dangerous: Including content that promotes or depicts illegal activities, violence, terrorism, or self-harm.
• Contains child exploitation material: Any content depicting, promoting, or sexualizing minors in any way.
• Is sexually explicit or pornographic: Including nudity, sexual acts, or sexually suggestive content.
• Depicts violence or gore: Graphic violence, mutilation, or extreme disturbing content.
• Constitutes harassment or bullying: Content intended to harass, intimidate, or threaten individuals or groups.
• Is hateful or discriminatory: Content promoting hate speech, discrimination, or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
• Infringes intellectual property rights: Unauthorized use of copyrighted material, trademarks, or proprietary information belonging to others.
• Violates privacy rights: Unauthorized images of individuals, doxxing, or sharing private information without consent.
• Contains malware or harmful code: Viruses, trojans, or any malicious software.
• Is deceptive or fraudulent: Deepfakes, impersonation, phishing, scams, or misinformation.
• Depicts self-harm or suicide: Content promoting or glorifying self-injury or suicide.
• Is spam or unauthorized advertising: Unsolicited promotional content or commercial spam.

4.3 Prohibited Activities

You agree NOT to:

• Use the Service to impersonate any person or entity.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorized access to any portion of the Service.
• Use any automated system (bots, scrapers, etc.) to access the Service without permission.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Remove or modify any copyright, trademark, or proprietary rights notices.
• Use the Service for competitive analysis or to build a competing product.
• Sell, rent, lease, or otherwise commercialize access to the Service without authorization.
• Upload images of individuals without their consent.
• Create content intended to deceive or mislead others.

4.4 Enforcement

We reserve the right, but are not obligated, to monitor, review, and remove any content that violates these Terms. Violations may result in immediate account termination, content removal, and potential legal action. We may report illegal activity to law enforcement authorities.

5. Intellectual Property Rights

5.1 Your Content

You retain ownership of the original photographs and images you upload ("User Content"). However, by uploading User Content, you grant Fusion Events Inc. a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to:

• Use, reproduce, modify, adapt, and create derivative works from your User Content.
• Use your User Content to train, improve, and develop our AI models and algorithms.
• Display, distribute, and publish your User Content in connection with the Service.
• Sublicense your User Content to third-party AI service providers for model training.
• Use your User Content for marketing, promotional, and demonstration purposes.

5.2 Generated Content

AI-generated images created using the Service ("Generated Content") are the result of our proprietary AI technology. While you may download and use Generated Content for personal, non-commercial purposes, we retain all intellectual property rights in our AI models, algorithms, and technology. You may not:

• Claim ownership of the AI technology or algorithms used to create Generated Content.
• Use Generated Content in a manner that violates these Terms or applicable laws.
• Sell or commercially exploit Generated Content without a commercial license.

5.3 Company Property

The Service, including all content, features, functionality, software, code, designs, graphics, logos, and trademarks, is owned by Fusion Events Inc. and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service solely for its intended purpose.

5.4 Copyright Infringement

YOU REPRESENT AND WARRANT THAT:

• You own or have the necessary rights, licenses, and permissions for all User Content you upload.
• Your User Content does not infringe any copyright, trademark, patent, trade secret, or other intellectual property rights of any third party.
• You have obtained all necessary consents, releases, and permissions from individuals depicted in your User Content.

You agree to indemnify and hold harmless Fusion Events Inc. from any claims arising from your violation of third-party intellectual property rights.

5.5 DMCA Compliance

We respect intellectual property rights. If you believe your copyrighted work has been infringed, please contact us at info@fusion-events.ca with:

• Identification of the copyrighted work claimed to have been infringed.
• Identification of the infringing material and its location on the Service.
• Your contact information (address, telephone, email).
• A statement of good faith belief that the use is not authorized.
• A statement under penalty of perjury that the information is accurate and you are authorized to act.
• Your physical or electronic signature.

6. Payment and Subscription Terms

6.1 Fees and Charges

Certain features of the Service may require payment of fees. All fees are stated in the applicable currency and are non-refundable except as required by law or as expressly stated in these Terms.

6.2 Subscriptions

If you purchase a subscription:

• Subscriptions automatically renew unless cancelled before the renewal date.
• You authorize us to charge your payment method for recurring subscription fees.
• Subscription fees are non-refundable, including for unused subscription periods.
• We may change subscription prices with 30 days' notice.
• You may cancel your subscription at any time through your account settings.

6.3 Payment Processing

Payment processing is handled by third-party payment processors. You agree to comply with their terms and conditions. We are not responsible for payment processor errors or failures.

6.4 Taxes

Fees may be subject to applicable sales taxes, VAT, GST/HST, or other taxes. You are responsible for all applicable taxes.

7. Privacy and Data Use

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you expressly consent to:

• The collection, use, and processing of your personal information as described in the Privacy Policy.
• The use of your uploaded images and generated content for AI model training.
• The potential retention of your content indefinitely for training purposes.
• The sharing of your data with third-party AI service providers.
• The transfer of your data internationally, including to the United States.

8. Disclaimers and Limitations of Liability

8.1 "As Is" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free.
• The results obtained from the Service will be accurate or reliable.
• The quality of any products, services, information, or other material obtained through the Service will meet your expectations.
• Any errors in the Service will be corrected.
• AI-generated content will be free from defects, artifacts, or inaccuracies.

8.2 AI Technology Disclaimer

You acknowledge and agree that:

• AI-generated content may contain errors, artifacts, or unexpected results.
• The Service uses third-party AI models and technology over which we have limited control.
• AI-generated content may not accurately represent reality or your intended outcome.
• You are solely responsible for reviewing and verifying AI-generated content before use.
• We make no guarantees regarding the quality, accuracy, or suitability of Generated Content.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUSION EVENTS INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use.
• Business interruption.
• Damage to reputation.
• Cost of substitute services.
• Emotional distress or mental anguish.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) $100 CAD.

8.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Fusion Events Inc., its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Service.
• Your violation of these Terms.
• Your violation of any law or regulation.
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
• Any content you upload, create, or share using the Service.
• Any claim that your User Content caused damage to a third party.
• Your breach of any representation or warranty contained in these Terms.

This indemnification obligation will survive termination of these Terms and your use of the Service.

10. Dispute Resolution and Governing Law

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

10.2 Jurisdiction and Venue

You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Ontario, Canada, for any dispute arising out of or relating to these Terms or the Service. You waive any objection to venue in Ontario courts and any claim that such courts are an inconvenient forum.

10.3 Arbitration (Optional)

At our sole discretion, we may require that disputes be resolved through binding arbitration in Toronto, Ontario, in accordance with the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

10.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10.5 Time Limitation

Any claim or cause of action arising out of or related to the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us at info@fusion-events.ca. Termination does not entitle you to any refund of fees paid.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms.
• Violation of our Acceptable Use Policy.
• Fraudulent, abusive, or illegal activity.
• Request by law enforcement or government agencies.
• Technical or security issues.
• Extended periods of inactivity.
• At our sole discretion for any reason or no reason.

11.3 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases.
• We may delete your account and all associated data.
• You remain liable for any outstanding fees or obligations.
• Sections of these Terms that by their nature should survive termination shall survive, including indemnification, disclaimers, limitations of liability, and dispute resolution provisions.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on the Service with a new "Last Updated" date.
• Sending an email notification to your registered email address.
• Displaying a prominent notice on the Service.

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Fusion Events Inc. regarding the Service.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

13.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

13.6 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, pandemics, labor disputes, or Internet service provider failures.

13.7 Export Control

The Service may be subject to export control laws and regulations. You agree to comply with all applicable export and import control laws and regulations.

13.8 Language

These Terms are prepared in English. If these Terms are translated into any other language, the English version shall prevail in case of conflict.

14. Contact Information

If you have any questions, concerns, or disputes regarding these Terms, please contact us: