Terms of Service

Klingobanana is an AI content studio that allows users to create consistent AI characters and generate ultra-realistic photos, videos, lip-sync clips, multi-character scenes, and viral scripts for social content, user-generated content (UGC), and digital advertising. The platform provides access to a curated set of state-of-the-art AI generation models, orchestrated through our proprietary infrastructure.

Features available through the platform include, but are not limited to: face-consistent photo generation, multi-model video generation, lipsync and text-to-speech synchronisation, multi-character scene composition, and AI-assisted script writing optimised for short-form social platforms such as TikTok, Instagram Reels, and YouTube Shorts.

Klingobanana may modify, update, suspend, restrict, or discontinue any part of the platform at any time, including adding new features, removing existing ones, adjusting credit costs per generation type, or integrating new AI model providers. We will endeavour to provide reasonable advance notice of changes that materially affect paid users.

You must be at least 18 years of age to use the platform. By creating an account, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding contract in your jurisdiction. Use of the platform by persons under 18 is strictly prohibited.

If you are accessing or using the platform on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to “you” in these Terms refer to that entity.

We reserve the right to refuse access, suspend or terminate any account where we have reason to believe that eligibility requirements are not met, or where providing the service would violate applicable law or regulatory requirements.

To access the generation features of the platform you must create an account. Account registration is free. You agree to provide accurate, current, and complete information during registration and to update that information promptly if it changes. Providing false or misleading information is grounds for immediate termination.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You must notify us immediately at contact@klingobanana.com if you suspect unauthorised access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with this obligation.

You may not share your account with any other person, transfer your account to another person, or create multiple accounts to circumvent credit limits, content policies, or other restrictions. Each account is personal and non-transferable.

Creating an account is free, but generating content requires an active paid subscription. Generation capacity is measured in credits. Credits are consumed each time you initiate a generation task; the credit cost depends on the output type and duration.

The following subscription plans are currently available, billed monthly:

• Starter — €15 per month, 100 credits per billing period
• Pro — €35 per month, 300 credits per billing period
• Business — €89 per month, 900 credits per billing period

In addition to subscription plans, you may purchase one-time credit top-up packs at any time: 50 credits for €7, 150 credits for €19, or 500 credits for €55. Top-up credits do not expire and carry over indefinitely regardless of your subscription status. Monthly subscription credits, by contrast, reset to zero at the start of each new billing period and do not roll over.

All payments are processed by Stripe. Your card details are entered directly on Stripe-hosted payment pages and never pass through or are stored on Klingobanana servers. By completing a purchase you agree to Stripe’s applicable terms of service. Subscription payments are billed automatically at the start of each billing period. If a payment fails, we may retry the charge and/or suspend access to generation features until the outstanding balance is settled.

Credits have no monetary value and are not redeemable for cash under any circumstances. Credits are non-transferable and may not be sold, gifted, or otherwise transferred between accounts. We reserve the right to adjust, reduce, or void credits in the event of suspected fraud, chargebacks, abuse of the platform, or violation of these Terms. Where credits are adjusted due to fraud or a chargeback we will notify you by email.

Our full refund policy is set out in our Refund Policy. In summary: subscription fees are generally non-refundable for partial billing periods, and cancellation takes effect at the end of the current billing period. One-time top-up purchases are non-refundable except as required by applicable law.

EU consumers and the 14-day right of withdrawal: Under EU consumer law, you ordinarily have the right to withdraw from a purchase within 14 days without giving any reason. However, by completing your purchase and initiating any content generation, you expressly request immediate provision of the digital content and acknowledge that you thereby waive your right of withdrawal with respect to any credits that have already been consumed. Unused credits within the 14-day window remain refundable on written request to contact@klingobanana.com. These provisions are without prejudice to any mandatory consumer rights that cannot be waived under applicable EU or member state law.

“User Content” means all data, text, images, and other material that you upload, submit, or otherwise provide to the platform, including reference photographs used to train AI character identities and prompts used to direct generation tasks.

You retain all intellectual property rights in User Content that you own or have rights to. By uploading User Content you grant Klingobanana a non-exclusive, worldwide, royalty-free licence to store, host, process, and transmit that content solely to the extent necessary to provide the service to you. This licence terminates when you delete the content or close your account (subject to any legal retention obligations).

You represent and warrant that: (a) you own or have all necessary rights to any User Content you submit; (b) your User Content does not infringe the intellectual property, privacy, or other rights of any third party; (c) you have obtained the consent of any identifiable real person whose likeness appears in images you upload, to the extent required by applicable law; and (d) your User Content complies with our Acceptable Use Policy and all applicable laws.

We do not use your uploaded images or prompts to train AI models. Your content is processed transiently by our AI providers solely to perform the generation you requested and is not retained by those providers beyond what is necessary to complete the task.

“AI-Generated Outputs” means the photos, videos, audio, scripts, and other media produced by the platform in response to your inputs. Generation relies on third-party AI model providers whose outputs are probabilistic and non-deterministic: the same prompt may produce materially different results on different runs, and outputs may occasionally be unexpected, inaccurate, incomplete, or unsuitable.

You are solely responsible for reviewing all AI-Generated Outputs before publishing or otherwise distributing them. Klingobanana does not warrant that outputs are accurate, free of third-party intellectual property, compliant with the terms of any social platform on which you post them, or fit for any particular commercial or other purpose.

AI-Generated Outputs may not be used in a manner that violates applicable law, these Terms, or our Acceptable Use Policy. You assume full legal responsibility for any outputs you publish, distribute, or monetise.

AI generation technology is rapidly evolving. The models we use are continuously updated by their providers, and the quality, style, cost, and availability of any given model or feature may change at any time. We do not guarantee the ongoing availability of any specific model, generation mode, or output style.

Some features of the platform may be offered in beta or experimental status. Such features are provided on an “as-is” basis without any warranties of availability, accuracy, or fitness for purpose, and may be modified, restricted, or removed without prior notice. Experimental features are clearly labelled where possible.

The platform and all AI-Generated Outputs are provided for creative and informational purposes only. Nothing on the platform or in any output constitutes legal, financial, medical, psychological, or any other professional advice. You must not rely on any output as a substitute for professional advice in any regulated field.

AI-generated scripts, captions, and other text may contain errors of fact. Before publishing any content that makes factual claims, you are responsible for independently verifying those claims. We accept no responsibility for decisions made in reliance on AI-Generated Outputs.

To the extent permitted by applicable law and the terms of the underlying AI model providers, Klingobanana assigns to you all of its right, title, and interest in AI-Generated Outputs created through your account. You are free to use, publish, monetise, modify, and distribute those outputs for any lawful purpose, subject to these Terms and the licence terms of any third-party elements that may be incorporated in outputs by the underlying models.

This assignment does not apply to outputs generated using content uploaded by another user or in breach of these Terms, and does not grant any rights in the underlying model weights, platform software, or Klingobanana brand assets.

In addition to the content restrictions in our Acceptable Use Policy, you agree that you will not, and will not permit any third party to:

• (a) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or model weights underlying the platform or any of its components;
• (b) Resell, sublicence, or otherwise provide access to the platform (including generated outputs produced using our infrastructure) as a standalone product or service without our prior written consent;
• (c) Use the platform to create unlawful, fraudulent, deceptive, threatening, abusive, defamatory, obscene, or otherwise objectionable content, as further described in our Acceptable Use Policy;
• (d) Generate realistic depictions of real, identifiable living or deceased persons without their explicit informed consent, including but not limited to deepfakes, synthetic voice clones, and fabricated statements attributed to real people;
• (e) Use automated scripts, bots, or other non-human agents to access or interact with the platform except through any officially documented API endpoints;
• (f) Scrape, crawl, index, or otherwise extract data from the platform, including generated outputs of other users, by automated means;
• (g) Circumvent, disable, or interfere with any safety filter, content moderation system, rate limit, or other technical restriction implemented by Klingobanana or its AI model providers;
• (h) Use the platform in any manner that could damage, overload, or impair our infrastructure or the infrastructure of our model providers, or interfere with the use of the platform by other users;
• (i) Introduce malware, viruses, trojans, or other malicious code into the platform;
• (j) Use the platform to engage in competitive intelligence, model benchmarking, or any other activity primarily intended to benefit a competing service; or
• (k) Violate any applicable law or regulation in connection with your use of the platform.

All rights in the platform, including its software, design, user interface, brand assets, documentation, and underlying technology, are and remain the exclusive property of Klingobanana and its licensors. Nothing in these Terms grants you any rights in the platform itself beyond the limited licence to use it as described herein.

The “Klingobanana” name, logo, and any associated trademarks or service marks are proprietary to Klingobanana. You may not use them in connection with any product or service, or in any manner that is likely to cause confusion, without our prior written consent.

If you believe that content on the platform infringes your intellectual property rights, please notify us at contact@klingobanana.com with sufficient detail for us to investigate and take appropriate action.

We endeavour to keep the platform available around the clock, but we do not guarantee uninterrupted access. The platform may be temporarily unavailable due to scheduled or emergency maintenance, infrastructure upgrades, third-party provider outages, force majeure events, or other circumstances beyond our reasonable control.

Klingobanana may modify, update, suspend, restrict, or discontinue any part of the platform at any time, including adjusting credit costs for generation tasks. Where such changes are material and affect paid subscribers, we will endeavour to provide reasonable advance notice.

We do not guarantee that any specific AI model, generation feature, or output style will remain available. The availability of third-party AI models is outside our control and may change without notice.

The platform relies on and integrates with third-party services including, but not limited to, Google Firebase and Google Cloud (authentication, database, file storage, hosting), Stripe (payment processing), AI model providers such as fal.ai and OpenRouter (content generation), and Resend (transactional email). Your use of those services is also subject to their respective terms and privacy policies.

Klingobanana is not responsible for the availability, performance, accuracy, or acts or omissions of any third-party service provider. We do not warrant that outputs produced by third-party AI models are free of third-party intellectual property or appropriate for any particular use.

The platform may contain links to third-party websites or resources. Those links are provided for convenience only and do not constitute an endorsement by Klingobanana. We are not responsible for the content, products, or services available from third-party websites.

We provide customer support by email at contact@klingobanana.com. We will endeavour to respond to all support enquiries within a reasonable time, but we do not guarantee any specific response time. Support is provided in English.

Business plan subscribers receive access to priority support. Please include your account email address and a description of your issue when contacting support.

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the platform you consent to our processing of your personal information in accordance with that policy.

The platform and all content generated through it are provided on an “as is” and “as available” basis, without any warranty of any kind, express or implied. To the maximum extent permitted by applicable law, Klingobanana expressly disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

We do not warrant that the platform will meet your requirements, that it will be error-free, uninterrupted, secure, or timely, or that any AI-Generated Output will be accurate, complete, appropriate, or suitable for your intended use. The entire risk as to the quality and performance of the platform rests with you.

Nothing in these Terms excludes or limits any warranty that cannot legally be excluded or limited under applicable consumer protection law.

To the maximum extent permitted by applicable law, Klingobanana, its officers, directors, employees, agents, and licensors shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, goodwill, or revenue, arising out of or in connection with your use of or inability to use the platform, even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for any claims arising out of or relating to these Terms or your use of the platform is limited to the total amounts you have paid to Klingobanana in the twelve (12) months immediately preceding the date on which the claim arose.

Nothing in these Terms excludes or limits Klingobanana’s liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable EU or member state consumer law.

Klingobanana shall not be liable for any failure or delay in performance arising out of circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government orders, labour disputes, widespread internet outages, or failures of third-party infrastructure providers. During any such event, our obligations under these Terms are suspended to the extent affected, and we will use reasonable efforts to resume normal service as soon as practicable.

You agree to indemnify, defend, and hold harmless Klingobanana and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (a) your use of the platform; (b) your User Content; (c) any AI-Generated Output produced through your account; (d) your violation of these Terms; or (e) your violation of any third-party right, including any intellectual property or privacy right.

This indemnification obligation does not apply to the extent that a claim arises from Klingobanana’s own negligence or wilful misconduct.

The materials on the platform, including product descriptions, pricing information, and documentation, may contain typographical errors, inaccuracies, or omissions and may not always be current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not, however, undertake any obligation to update the materials.

Klingobanana has not reviewed all of the websites linked to or from the platform and is not responsible for their contents, accuracy, legality, or any other aspect of those sites. The inclusion of any link does not imply endorsement by Klingobanana. Use of any linked website is at your own risk.

Klingobanana may, at its sole discretion, suspend or terminate your access to the platform with immediate effect and without prior notice if: (a) you breach any provision of these Terms or our Acceptable Use Policy; (b) we suspect fraudulent activity, abuse, or a security incident involving your account; (c) a payment is declined or reversed; or (d) we are required to do so by law or a competent authority.

Upon termination for breach, any unused subscription credits are forfeited. Upon termination for any other reason, we will treat outstanding credits in accordance with our Refund Policy.

You may close your account at any time by following the account deletion process in the platform settings or by contacting us at contact@klingobanana.com. Closure does not entitle you to a refund of subscription fees already paid for the current billing period, except as provided by applicable law. Sections that by their nature should survive termination of these Terms shall survive, including sections 6, 7, 10, 11, 12, 17, 18, 20, and 27.

Nothing in these Terms is intended to exclude or limit rights that you may have under applicable mandatory consumer protection legislation. If you are a consumer in the European Union, you benefit from the mandatory protections afforded by the laws of the EU member state in which you reside, and those protections apply notwithstanding any contrary provision in these Terms.

Where any provision of these Terms conflicts with a mandatory consumer protection right that cannot be waived or excluded, the mandatory legal requirement prevails, and the remainder of the Terms continue to apply to the fullest extent permitted.

If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

These Terms, together with our Privacy Policy, Acceptable Use Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and Klingobanana with respect to the platform and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, relating to the subject matter hereof.

Any waiver by Klingobanana of a breach of any provision of these Terms shall not be construed as a waiver of any subsequent breach, and no failure to exercise or delay in exercising any right hereunder shall constitute a waiver of that right.

These Terms are governed by and construed in accordance with the laws applicable in the European Union member state where Klingobanana is established, without regard to its conflict of law provisions. If you are a consumer in the EU, you also benefit from any mandatory protections provided by the law of your country of habitual residence that cannot be derogated from by agreement.

We encourage you to contact us at contact@klingobanana.com in the first instance to resolve any dispute. We will make a good-faith effort to resolve concerns informally before resorting to formal proceedings.

If you are a consumer in the EU, you may also use the European Commission’s online dispute resolution (ODR) platform to resolve disputes out of court. The ODR platform is available at https://ec.europa.eu/consumers/odr. Our contact email for ODR purposes is contact@klingobanana.com.

For any questions, concerns, or notices relating to these Terms, please contact us at:

Klingobanana
Email: contact@klingobanana.com