Terms of Use – BaNano: AI Image Creator

1. General Provisions

1.1. App Functionality

The App allows users to create images using artificial intelligence. Generation is provided through the third-party service Kie.ai, and results may vary depending on the operation of that service.

1.2. Virtual Currency

Creating images requires the App's internal virtual currency, called crystals. Each generation requires a specified number of crystals.

1.3. Limitations of Liability

• The App does not guarantee the accuracy, quality, or suitability of generated images for your expectations.
• All generated results depend on a third-party service. Responsibility for the content and use of results is governed by these Terms and applicable law.

1.4. Use of the App

• The App and results generated through it may be used for personal and commercial purposes, including publication, distribution, modification, and incorporation into commercial projects, provided that you comply with these Terms, applicable law, and third-party rights.
• Permission for commercial use does not guarantee that you will obtain exclusive rights in a result, that a result will be unique or legally protectable, or that it will contain no material subject to third-party rights.

1.5. Risk of Data Loss

You acknowledge that data and generated images may be permanently lost if you delete your generation history, reinstall the App, remove files from your device, or allow the server storage period to expire.

2. Virtual Currency (Crystals)

You can add crystals to your balance through:

• Google Play
• App Store
• RuStore
• T-Bank's online payment service

By using these services, you agree to their terms of use and privacy policies.

Important:

• Crystals are intended solely for using the App's features and cannot be used as a means of payment outside the App.
• Crystals cannot be exchanged for money, and unused balances cannot be withdrawn as cash.
• Payments for purchased crystals are non-refundable, except where a refund is required by applicable law or by app store or payment platform rules that are binding on the developer. This also applies to unused crystals.
• Crystals may be lost if you reinstall the App or delete your generation history, and we do not guarantee that your balance can be restored.

2.1. Generation Cost

• The cost of generating an image in crystals depends on the selected AI model, image resolution, and other generation settings.
• We reserve the right to change generation costs at any time without prior notice.
• The current generation cost is displayed in the App before the image creation process begins.

3. Data Storage and Security

• Generated results may be temporarily stored on a server for up to 14 days so that you can open, download, or retrieve the created image again in the App.
• Generated results are deleted from the server after 14 days. Once deleted, a result may not be recoverable.
• You are responsible for saving any images you need to your device in a timely manner.
• Data may be permanently lost if you clear your generation history, delete files, reinstall the App, or allow the server storage period to expire.
• We are not responsible for the loss of files or data after the storage period expires or as a result of your actions.

4. Generation Quality and Results

• Image generation results depend on the operation of the third-party service Kie.ai.
• Generated results may contain inaccuracies, distortions, and other characteristics of artificial intelligence.
• A result that does not meet your subjective expectations does not, by itself, mean that the service was improperly provided, provided the result conforms to the stated characteristics and agreed generation settings.
• Reports of technical errors and defects are reviewed by support at support@ingenai.ru.

4.1. Generation Process Requirements

• Image generation may take some time. You must not close or minimize the App during generation; otherwise, a result is not guaranteed.
• If you close or minimize the App during generation, crystals may be deducted without a result being delivered. If you do not receive a result, you may contact support to check the generation status and crystal deduction. Whether to restore crystals or issue a monetary refund is determined based on the review findings and applicable law.
• Before starting generation, you must ensure that you have a stable internet connection. We are not responsible for failed generations caused by network connectivity problems.

4.2. Generation Prompt Requirements

• A generation prompt must contain meaningful text describing the desired image.
• The AI cannot correctly process prompts consisting of random characters, meaningless phrases, or invalid data.
• You are responsible for the correctness of your prompt and selected generation settings.
• If generation is completed but the result does not meet your expectations because of the prompt's content or the selected settings, this does not, by itself, constitute grounds for a refund.
• If a technical error occurs, you may contact support to have the operation reviewed and determine whether to repeat the generation, restore crystals, or issue a monetary refund, taking into account the circumstances and applicable law.

5. Payments and Transaction Cancellations

• All payments for crystals are processed through third-party services (Google Play, App Store, RuStore, and T-Bank).
• If a payment is canceled or a payment service error occurs, you may contact support or the relevant payment provider to check the transaction status. Refund requests are considered as described in Section 2 of these Terms.

6. Rights in Generated Results and Rules for Content Use

• We do not claim ownership of generated results. If and to the extent applicable law recognizes that you hold rights in a generated result, those rights remain with you.
• You may use generated results for personal and commercial purposes, including publication, distribution, modification, reproduction, and incorporation into commercial projects, to the extent permitted by applicable law, these Terms, and third-party rights.
• A generated result may not be unique: the App or the third-party AI service may create the same or a similar result for other users.
• We do not guarantee that a generated result is protected by copyright or other exclusive rights, can be registered, is unique, or does not infringe third-party rights.
• To the extent permitted by applicable law, you are responsible for the content and legality of your prompts and uploaded materials, for obtaining the necessary rights, licenses, and consents to use them, and for how you choose to use generated results.
• Before publishing, distributing, or commercially using a result, you must review it yourself and, where necessary, obtain permission from rights holders and consent from depicted individuals. This applies in particular to uploaded photographs, images, and personal data of other people, well-known characters, creative works, trademarks, logos, and other protected material.

6.1. Prohibited Materials and Uses

You must not use the App to create, upload, process, or distribute:

• pornographic material;
• sexual content involving or depicting minors, including content created or altered using artificial intelligence;
• intimate or sexualized material featuring another real person's image, likeness, or voice without that person's explicit consent to that use.

You may not use generated content:

• to violate the law;
• to create content that infringes copyright, trademarks, patents, or other third-party rights;
• to publish material containing violence, discrimination, or advocacy of prohibited activities.

6.2. Deepfakes and Use of a Person's Likeness

The prohibition on intimate or sexualized material without consent also applies to deepfakes: artificially created or altered images, videos, or audio recordings that imitate a real person's appearance or voice and make it appear that the person is participating in sexual activity.

Consent to use a photograph, video, or voice recording does not, by itself, constitute consent to create or distribute such material. Labeling content as AI-generated does not replace the person's consent. Even with consent, pornographic material and sexual content involving or depicting minors remain prohibited.

6.3. Restricting Access for Violations of These Terms

If we identify a violation of these Terms, we may take the following measures, taking into account the nature of the violation and the requirements of applicable law:

• restrict or suspend access to the App or particular features, including generation and purchased features;
• block your account or terminate your access to the App;
• remove material that violates these Terms or restrict access to it where technically feasible.

These measures do not limit any rights you have under applicable law that cannot be limited by contract.

6.4. Reporting Violations

If you discover material that may violate the law, these Terms, or another person's rights, please report it to support@ingenai.ru. Briefly describe the suspected violation and, if known, provide details that would help us locate the material.

7. Updates to These Terms

• We reserve the right to amend these Terms of Use at any time.
• New Terms take effect when they are published in the App.
• By continuing to use the App after the Terms are updated, you confirm your acceptance of the current version.

8. Limitation of Liability

To the extent permitted by applicable law, we are not responsible for:

• loss of files or generation history;
• loss of crystals or inability to restore your balance;
• errors in the third-party image generation service;
• errors in third-party payment systems.

To the extent permitted by applicable law, you are responsible for the legality of the materials and prompts you upload or submit to the App, as well as the results you create and their subsequent use and distribution.

9. User Support and Developer Details

If you have questions about using the App, restoring your balance, or any other matter, you can contact support through the support form in the App.