Terms of Service

Last modified: May 29, 2025

1. Introduction

These Terms of Service ("Terms", "Terms of Service") are used to determine the rules of the Service and to clarify the legal relationship between the entity using the Service and Geminibanana.com ("Company").

The Company operates web pages located at https://www.geminibanana.com ("Website") and offers Service (as defined below in Section 2). The Service is dedicated to professional entities to help them conduct their business.

Using the Website and/or the Service in any manner, including the Account registration process, the User or the Guest declares that:

• they have read, understood and accept the provisions of the Terms and Privacy Policy,
• they are of legal age and have the legal capacity to conclude an agreement with the Company,
• they have the right to act on behalf of the entity which they represent.

If the User does not agree, they should not use the Service. In such case, the User may contact the Company at support@geminibanana.com.

2. Definitions

Unless otherwise indicated, the following capitalized terms have the following meaning:

• Account – individualized panel serving the User to exploit the Service and/or the Website.
• Agreement – subscription agreement specifying the scope and price for using the Service.
• API – application programming interface to be integrated with the User's software.
• Company – refers to Geminibanana.com.
• Content – texts, pictures, and other information published, presented, or sent on the Website or Service.
• Device – computer, smartphone, tablet, or other equipment allowing access to the Website.
• Guest – entity browsing the Website.
• Intellectual Property – designations, inventions, utility models, industrial designs, works, and other expressions of creative activity subject to exclusive rights of the Company.
• Licence – non-exclusive right to personal use of the API and/or Widget.
• Link – hyperlink referring to Other Websites.
• Mobile Device – portable device such as smartphone or tablet which operates the Website/Service.
• Notification – message sent to the User as part of the Service.
• Other Websites – websites other than the Website.
• Password – anonymized verification tool enabling access to the Account.
• Privacy Policy – rules of personal data processing by the Company, available at https://www.geminibanana.com/privacy-policy.
• Service – together the Website, Widget, and/or API.
• Terms – these terms of service, available at https://www.geminibanana.com/terms-of-service.
• User – entity who owns the Account.
• Website – web pages located at https://www.geminibanana.com.
• Widget – widget that may be implemented to the User's website.

Above mentioned definitions retain their meaning regardless of singular or plural use.

3. General Rules

Using the Service means full acceptance of the Terms. The Terms apply only to relations between the Company and the Guest or the User.

Each entity using the Service or Website is obliged to use it in accordance with these Terms.

Website requirements:

• Internet access,
• one of the following browsers: Chrome, Opera, Firefox, Safari, Microsoft Edge,
• browser version not older than one year,
• JavaScript enabled.

API requirements:

• Internet access,
• software that enables sending HTTP requests.

Widget requirements:

• Internet access,
• one of the following browsers: Chrome, Opera, Firefox, Safari, Microsoft Edge,
• browser version not older than one year,
• JavaScript enabled.

It is recommended to install antivirus software on the Device or Mobile Device.

4. Account

Account set-up is possible through the Website.

• You must provide accurate and current information.
• Inaccurate or obsolete information may result in termination.
• You are responsible for maintaining the confidentiality of your Account and Password.
• You agree to accept responsibility for all activities occurring under your Account.
• You must notify us immediately of any unauthorized use.

You may not use as a username any offensive, vulgar, obscene, or unauthorized name.

5. Communications

By creating an Account, you may agree to receive newsletters, marketing or promotional materials, and other information.

6. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or promotions may be governed by separate rules. If those rules conflict with these Terms, the Promotion rules apply.

7. Subscriptions

Some parts of Service are billed on a subscription basis.

• Subscriptions renew automatically unless cancelled.
• You may cancel your Subscription renewal via your Account or by contacting support.
• A valid payment method is required.
• You must provide accurate billing information.

The Company may refuse or cancel your order in cases of fraud, unauthorized use, or errors.

8. Fee Changes

The Company may modify Subscription fees. Prior notice will be provided. Continued use after fee changes means acceptance.

9. Refunds

Except when required by law, paid Subscription fees are non-refundable.

10. Content

Users are responsible for Content they post.

By posting Content, you represent and warrant that:

• the Content is yours or you have the rights to use it,
• posting does not violate rights of others.

The Company reserves the right to terminate Accounts infringing copyrights.

11. Prohibited Uses

You agree not to use the Service or Website unlawfully.

Prohibited uses include:

• violating laws,
• harming minors,
• sending spam,
• impersonation,
• infringing rights,
• introducing malware,
• denial-of-service attacks, etc.

12. Analytics

We may use third-party service providers (e.g., Mixpanel) to monitor and analyze use of the Service. You may opt out of Mixpanel directly.

13. Intellectual Property Rights

Unless otherwise stated, Geminibanana.com and/or its licensors own the intellectual property rights for all material on the Service.

You must not:

• republish material,
• sell, rent, or sub-license material,
• duplicate or copy material,
• redistribute content (unless specifically permitted).

14. User Content

By posting Content, you represent and warrant that:

• the Content is yours, or you have rights to use it,
• posting does not violate privacy, copyright, or contract rights.

The Company reserves the right to terminate Accounts infringing copyrights.

15. Limitation of Liability

In no event shall Geminibanana.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for indirect, incidental, or consequential damages, including loss of profits, data, goodwill, or other intangible losses.

16. Indemnification

You agree to defend, indemnify, and hold harmless Geminibanana.com, its affiliates, employees, and contractors from any claims, damages, or losses arising from:

• your use of the Service,
• your violation of these Terms,
• your violation of third-party rights,
• any Content you provide.

17. Termination

We may terminate or suspend your account immediately for breach of these Terms.

You may terminate your account by discontinuing use of the Service.

Provisions that should survive termination include ownership, disclaimers, indemnity, and limitations of liability.

18. Governing Law

These Terms shall be governed and construed in accordance with the laws of Hong Kong.

19. Changes to Terms

We may modify or replace these Terms at any time. If revisions are material, we will provide at least 30 days' notice.

Continued use of the Service after revisions means acceptance.

20. Contact Us

If you have questions, contact us:

• Email: support@geminibanana.com

21. Miscellaneous

• Entire Agreement – These Terms constitute the entire agreement.
• Waiver and Severability – No waiver shall be considered a continuing waiver. If any provision is invalid, others remain in effect.
• Assignment – The Company may assign its rights; you may not assign yours without consent.
• No Agency – No agency, partnership, or employment relationship is created by these Terms.
• Acknowledgement – By using the Service, you acknowledge and agree to these Terms.