Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) are a binding agreement between Banjo Tech, LLC (“Banjo Tech,” “we,” “our,” or “us”) and any individual or entity (“you” or “User”) that accesses or uses banjotech.co, nativeplants.ai, lingivo.ai, our mobile applications, or any website, application, or service that links to these Terms (collectively, the “Services”). By accessing or using the Services, you (a) acknowledge you have read and understood these Terms, (b) accept these Terms, and (c) agree to be bound by them and our Privacy Policy. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

2. Eligibility

You must be at least thirteen (13) years old (or the minimum digital-consent age in your jurisdiction) and capable of entering into a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements.

3. Accounts and Security

1. Registration. Certain features require an account. You agree to provide accurate and complete information and keep it updated.
2. Credentials. You are responsible for safeguarding your password and for all activity under your account. Notify us immediately of unauthorized use.
3. Suspension / Termination. We may suspend, disable, or terminate your account or access to the Services at any time for any reason, including violation of these Terms or security risks.

4. Subscriptions, Fees, and Billing

1. Auto-Renewing Plans. Paid features are offered on a subscription basis through Apple App Store, Google Play, RevenueCat, or Stripe (“Payment Providers”). Subscriptions automatically renew unless canceled at least 24 hours before the renewal date.
2. Trials. If a free or discounted trial is offered and you do not cancel before it ends, the subscription converts to a paid plan at the prevailing rate.
3. Prices & Taxes. Prices are displayed at checkout and may change. We will notify you of material price changes with an option to cancel. Prices may exclude taxes; you are responsible for applicable taxes.
4. Refunds. Except where required by law or Payment-Provider policy, all sales are final. Refund requests must be made through the Payment Provider.
5. Chargebacks. Unauthorized chargebacks may result in account suspension.

5. User Content

5.1 Definition

“User Content” means any data, text, images, audio, video, or other material that you upload, transmit, or otherwise make available through the Services, including AI-generated outputs you create.

5.2 License Grant

You hereby grant Banjo Tech, its affiliates, successors, assigns, and sublicensees a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit User Content for any purpose related to operating, improving, marketing, or promoting the Services, in any media now known or later developed.

5.3 Your Responsibilities

You represent and warrant that (a) you own or otherwise have all rights necessary to grant the license above, and (b) your User Content does not violate any law or third-party right, including privacy, publicity, intellectual-property, or export-control laws. You are solely responsible for User Content. We have no obligation to monitor or police it, but we may remove or disable any User Content at our sole discretion.

6. Acceptable-Use Restrictions

You agree not to:

1. reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services;
2. interfere with security-related features, or disrupt any server, network, or database;
3. upload viruses, malware, or other harmful code;
4. use the Services to develop, train, or improve a competing AI model or service;
5. harvest or scrape data from the Services without our prior written consent;
6. engage in activity that is defamatory, obscene, harassing, deceptive, or otherwise unlawful;
7. violate export-control or sanctions laws; or
8. misrepresent your affiliation with any person or entity.

7. Intellectual Property

The Services and all content (excluding User Content), including software, designs, text, graphics, trademarks, and compilation thereof, are owned by or licensed to Banjo Tech and are protected by intellectual-property laws. Banjo Tech reserves all rights not expressly granted to you.

8. Third-Party Services and Open-AI/ML Outputs

The Services integrate third-party platforms and AI APIs (e.g., AWS, Google, OpenAI, Amazon Bedrock, LiveKit, Twilio). Banjo Tech is not responsible for third-party services and makes no warranties regarding their availability or performance.

AI Output Disclaimer. AI-generated or translated outputs are provided “AS IS” for informational purposes only. We do not guarantee accuracy, legality, or fitness for a particular purpose.

9. Feedback

If you provide ideas, suggestions, or feedback, you grant Banjo Tech a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback without restriction or compensation.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BANJO TECH AND EACH OF ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, Banjo Tech makes no warranty that the Services will be uninterrupted, secure, error-free, or meet your requirements.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANJO TECH AND ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTIONS, OR OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

IN NO EVENT SHALL BANJO TECH'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD 100) OR (B) THE AMOUNT YOU ACTUALLY PAID BANJO TECH FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, IN THE AGGREGATE ACROSS ALL CLAIMS.

Some jurisdictions do not allow certain liability limitations; in such jurisdictions our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Banjo Tech, its owners, affiliates, directors, officers, employees, and agents from and against any claim, demand, proceeding, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

1. your use or misuse of the Services;
2. your User Content;
3. your violation of these Terms or any law; or
4. your infringement or misappropriation of any third-party right.

13. Export Control and Sanctions Compliance

You may not use, export, or re-export the Services (a) into any U.S.-embargoed country or region or (b) to anyone on any U.S. Government denied-party list. You represent that you are not located in, under control of, or a national or resident of any such restricted country or on any denied-party list.

14. Force Majeure

Banjo Tech will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including natural disasters, war, terrorism, riots, labor disputes, pandemics, supply-chain disruptions, utility failures, or internet/telecommunications outages.

15. Dispute Resolution – Binding Arbitration & Class Action Waiver (U.S. Users)

15.1 Informal Resolution

Before filing a claim, you and Banjo Tech agree to attempt to resolve the dispute informally by emailing legal@banjotech.co. If unresolved after 30 days, the dispute may proceed to arbitration.

15.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to the Services or these Terms shall be resolved exclusively by final, binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted in English by a single arbitrator seated in Knox County, Tennessee. Judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class-Action Waiver

YOU AND BANJO TECH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

15.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@banjotech.co within 30 days of first accepting these Terms. If you opt out, the exclusive venue for any dispute shall be the state or federal courts in Knox County, Tennessee.

16. International Users

Banjo Tech is headquartered in the United States. We make no representation that the Services are appropriate or available in other locations. You are responsible for compliance with local laws. Nothing in these Terms limits any non-waivable consumer-protection rights or statutory rights you may have under mandatory local law.

17. Termination

You may discontinue use at any time. We may terminate or suspend your access immediately, without notice, for any reason. Upon termination, Sections 5–20 will survive.

18. Changes to the Services and Terms

We may modify the Services or these Terms at any time. We will provide at least 14 days' advance notice of material changes via email or in-app notification. Continued use after the effective date constitutes acceptance of the revised Terms.

19. Assignment

Banjo Tech may assign or transfer these Terms, in whole or in part, without restriction. You may not assign these Terms without our prior written consent, and any attempted assignment is void.

20. Entire Agreement

These Terms, the Privacy Policy, and any supplemental terms constitute the entire agreement between you and Banjo Tech regarding the Services and supersede any prior agreements.

21. Severability

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

22. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

23. Contact

Banjo Tech, LLC
Attn: Legal Department
Email: legal@banjotech.co
Tennessee, USA