Terms of Service

End User License Agreement (EULA)

Last Updated: December 6, 2025

Version 3.0

📋 Table of Contents

• 1. Definitions and Interpretation

• 2. Access Rights and Conditions of Use

• 3. User Accounts and Security

• 4. Service Description and AI Features

• 5. Medical and Nutritional Disclaimer

• 6. Artificial Intelligence (AI) Disclaimer

• 7. Intellectual Property Rights

• 8. User Content

• 9. Code of Conduct

• 10. Payment & Subscriptions

• 11. Referral Program

• 12. Privacy and Data Protection

• 13. Third-Party Links

• 14. Disclaimer of Warranties

• 15. Limitation of Liability

• 16. Indemnification

• 17. Term and Termination

• 18. Governing Law

• 19. General Provisions

• 20. Contact Information

PREAMBLE

Please read this Terms of Service Agreement ("Agreement", "Terms", or "ToS") carefully before downloading, installing, accessing, or using the BanaChef AI mobile application ("App"), accessing the website [www.chef.banana.care] ("Website"), or using any services, features, content, or applications offered by BanaChef.

This Agreement constitutes a legally binding contract between you ("User", "you", or "your") and BanaChef regarding your use of the Service.

⚠️ IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS, INSTALL, OR USE THE SERVICE, AND YOU MUST UNINSTALL THE APP FROM YOUR DEVICE IMMEDIATELY.

1. DEFINITIONS AND INTERPRETATION

To ensure clarity and consistency throughout this Agreement, the capitalized terms below shall have the following meanings:

"Service"

The BanaChef AI Mobile Application, Website, servers, databases, APIs, and related services.

"Account"

The unique personal account created for the User to access features.

"Premium Plan"

Paid subscription plan offering advanced features and exclusive content.

"Company Content"

All text, graphics, interfaces, trademarks, logos, code, AI models, and databases owned by BanaChef.

"User Content"

Any content uploaded, posted, or transmitted by users through the Service.

"AI Technology"

Artificial intelligence algorithms, machine learning, and computer vision integrated into the Service.

2. ACCESS RIGHTS AND CONDITIONS OF USE

2.1. Age Requirements

The Service is intended only for individuals aged 13 years or older (or a higher minimum age as required by law in your jurisdiction of residence to use online services without parental supervision). By using the Service, you represent and warrant that you meet this age requirement. If you are a parent or legal guardian of a minor using the Service, you agree to be bound by this Agreement with respect to such minor's use.

2.2. Limited License

Subject to your strict compliance with this Agreement, BanaChef grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:

(a) Download, install, and use one copy of the App on a mobile device that you own or control, solely for personal, non-commercial purposes.
(b) Access and use the content and features provided through the App in accordance with their intended functionality.

2.3. License Restrictions

You agree not to, and will not permit any third party to:

(a) License, sell, rent, transfer, distribute, host, or commercially exploit the Service.
(b) Modify, create derivative works of, disassemble, decompile, or reverse engineer any part of the Service (including source code and AI algorithms).
(c) Access the Service to build a competitive product or service.
(d) Use any robot, spider, crawler, scraper, or other automated means to access the Service for data scraping purposes without our written permission.
(e) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices integrated into the Service.

3. USER ACCOUNTS AND SECURITY

3.1. Account Registration

To use most features of the Service (such as storing Pantry items, creating Plans), you must register an Account. You may register via email or use third-party login services (Google, Apple). You undertake to provide accurate, complete, and up-to-date information during the registration process.

3.2. Security Responsibility

You are solely responsible for maintaining the confidentiality of your Account login credentials and for all activities that occur under your Account. You agree to:

(a) Immediately notify BanaChef of any unauthorized use of your Account or any other security breach.
(b) Ensure that you log out of your Account at the end of each session, especially when using a public device.

BanaChef will not be liable for any loss or damage arising from your failure to comply with these security requirements.

3.3. Right to Suspend and Terminate Account

We reserve the right to unilaterally suspend or terminate your Account, refusing any and all current or future use of the Service, if we suspect that you have provided false or inaccurate information, or violated any term of this Agreement.

4. SERVICE DESCRIPTION AND AI FEATURES

BanaChef AI provides an intelligent cooking support and nutrition management platform. Key features include but are not limited to:

4.1. Meal Recommendations (Feature F1)

The system uses AI to analyze user profiles (preferences, allergies, health goals) and suggest suitable recipes.

4.2. Image Recognition (Feature F2 - "Scan AI")

This feature allows users to take photos of cooked dishes or ingredients. The system uses computer vision technology to attempt to identify the dish name or ingredient type.

4.3. Pantry Management (Feature "My Pantry")

The Service provides tools for users to track food quantity and expiration dates. The system can automatically deduct inventory when the user confirms cooking a dish.

4.4. Service Changes

BanaChef continually develops and improves the Service. We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with or without notice, without liability to you.

5. MEDICAL AND NUTRITIONAL DISCLAIMER

EXTREMELY IMPORTANT - PLEASE READ CAREFULLY

5.1. No Medical Advice

BanaChef AI is NOT a healthcare provider, doctor, nutritionist, or healthcare organization. Content on the Service, including but not limited to meal plans, calorie information, macro indicators, and health articles, is for general informational and lifestyle support purposes only. The Service is not intended to diagnose, treat, cure, or prevent any disease.

5.2. Personal Health Risks

Changing your diet or exercise routine may pose health risks to certain individuals. You agree that you are fully responsible for your own health. You should consult a qualified physician or healthcare professional before starting any diet, nutrition program, or lifestyle change suggested by the Service, especially if you are pregnant, breastfeeding, or have any medical condition (e.g., diabetes, hypertension, cardiovascular disease).

5.3. Allergy Disclaimer

Although the Service provides features to filter out allergens (e.g., "Gluten-Free", "Peanut-Free"), we CANNOT GUARANTEE that the suggested recipes are completely free of such allergens.

(a) Recipe data may be AI-generated or community-inputted and may contain errors.
(b) AI may not recognize all naming variations of an allergen.
(c) Cross-contamination risks always exist in actual preparation in your kitchen or in packaged products you purchase.

BanaChef disclaims all liability for any allergic reactions, food poisoning, or health issues arising from the use of information provided by the Service.

6. ARTIFICIAL INTELLIGENCE (AI) DISCLAIMER

6.1. AI Accuracy

You acknowledge and agree that the Service utilizes experimental and evolving artificial intelligence technologies. Due to the probabilistic nature of machine learning models:

(a) AI may generate inaccurate, misleading, outdated, or fabricated information ("AI Hallucinations").
(b) AI may provide unsafe cooking instructions (e.g., insufficient cooking times).
(c) The Image Recognition feature (Scan) may misidentify objects (e.g., identifying a poisonous mushroom as edible).

6.2. User Verification Responsibility

You have an independent responsibility to evaluate the accuracy, completeness, and usefulness of any content generated by AI. You MUST NOT rely solely on AI for critical decisions regarding health, food safety, or finances. You must always verify AI recognition results and correct them via the tools provided in the App before use.

7. INTELLECTUAL PROPERTY RIGHTS AND LICENSING

7.1. BanaChef Ownership

The Service and all Company Content (including the "Design System", "Chef Bana" character, source code, algorithms) are the exclusive property of BanaChef and our licensors. The Service is protected by copyright, trademark, and other intellectual property laws of Vietnam and international treaties.

7.2. Trademarks

The name "BanaChef", the banana chef hat logo, and related product names and domain names are trademarks of BanaChef. You are not permitted to use these trademarks without our prior written consent.

7.3. Feedback

If you send us any ideas, suggestions, or feedback regarding the Service ("Feedback"), you agree that BanaChef shall have the right to use, reproduce, modify, publish, and exploit such Feedback for any purpose (including product improvement) without any compensation to you.

8. USER CONTENT

8.1. Ownership

You retain ownership of any User Content you submit to the Service. BanaChef does not claim ownership of your Content.

8.2. License to BanaChef

By uploading, posting, or submitting User Content, you grant BanaChef a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to:

(a) Host, reproduce, distribute, display, perform, and create derivative works of such Content in connection with operating and providing the Service.
(b) Use such Content (specifically food images and recipe data) in an anonymized form to train, develop, and improve our AI algorithms and machine learning models.

8.3. Content Warranties

You represent and warrant that:

(a) You own or have the necessary rights to grant the licenses set forth in this Agreement.
(b) Your Content does not violate the copyright, trademark, privacy rights, publicity rights, or any other intellectual property rights of any third party.
(c) Your Content does not contain defamatory, obscene, pornographic, violent, hateful, or illegal material.

9. CODE OF CONDUCT AND ACCEPTABLE USE POLICY

You agree NOT to use the Service to engage in any of the following prohibited activities:

Illegal Use

Using the Service for any unlawful purpose or violating any local, state, national, or international law.

System Harm

Uploading or transmitting viruses, worms, malware, trojans, or any other software intended to damage, interfere with, or hijack the Service.

Cyber Attacks

Conducting Denial of Service (DoS) attacks, spamming, or overloading our servers.

Data Mining

Harvesting personal information of other users without their consent.

Fraud

Creating multiple fake accounts to abuse promotions, referral programs, or to manipulate the review system.

Harassment

Threatening, harassing, annoying, or discriminating against other users or BanaChef staff.

Impersonation

Impersonating any person or entity, or misrepresenting your affiliation with a person or entity.

10. PAYMENT, PREMIUM SUBSCRIPTIONS, AND REFUNDS

10.1. Subscriptions

Certain features of the Service are offered as paid subscriptions ("Premium Plans"). You may select a billing cycle (e.g., monthly or yearly). Subscription fees will be clearly disclosed to you prior to purchase.

10.2. Payment via App Stores

If you subscribe to a Premium Plan via the Apple App Store or Google Play Store:

(a) Payment: Payment will be charged to your Apple ID or Google Play account upon confirmation of purchase.
(b) Auto-Renewal: Your subscription will automatically renew at the same price and duration unless auto-renew is turned off at least 24 hours before the end of the current period.
(c) Subscription Management: You can manage and cancel your subscriptions in your Apple App Store or Google Play Store Account Settings. Uninstalling the BanaChef app does NOT automatically cancel your subscription.

10.3. Price Changes

BanaChef reserves the right to change prices for Premium Plans at any time. Any price changes will take effect at the start of the next billing cycle following notice to you. If you do not agree with the new price, you have the right to cancel your subscription before the change takes effect.

10.4. Refund Policy

(a) App Store Transactions: BanaChef DOES NOT have the authority to process refunds directly for transactions made via the Apple App Store or Google Play Store. You must contact Apple or Google directly to request a refund in accordance with their policies.
(b) Right to Modify: We do not commit to refunding any unused portion of a subscription term, unless required by law.

11. REFERRAL PROGRAM

11.1. Participation

BanaChef may offer a referral program allowing users to earn credits, discounts, or rewards ("Rewards") by inviting friends to sign up for the Service.

11.2. Strict Rules

(a) Valid User: The referred person must be a new user who has never installed or registered for BanaChef before.
(b) No Fraud: You may not refer yourself (e.g., using multiple email addresses, fake identities, or emulators). You may not use bots, scripts, or automated means to generate referrals.
(c) No Spam: You may not distribute your referral code via spam, paid advertising, or on public coupon platforms in violation of those platforms' rules.

11.3. Violation Handling

BanaChef reserves the absolute right to review and investigate all referral activities. If we detect or suspect fraudulent behavior, abuse, or violation of these rules, we reserve the right to:

(a) Void any earned Rewards.
(b) Suspend or permanently ban your Account.
(c) Ban your device from accessing the Service in the future.

12. PRIVACY AND DATA PROTECTION

The collection, use, and sharing of your personal information are governed by our Privacy Policy. By using the Service, you consent to the processing of your data as described in the Privacy Policy. You understand that BanaChef may use aggregated and anonymized data for statistical analysis and product improvement purposes.

13. THIRD-PARTY LINKS AND SERVICES

The Service may contain links to third-party websites, applications, or resources (e.g., YouTube, food vendor sites). BanaChef does not control and is not responsible for the content, products, services, or privacy practices of these third parties. Your access and use of third-party services is entirely at your own risk.

14. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. BANACHEF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, BE COMPATIBLE WITH ANY OTHER SOFTWARE OR SYSTEM, OR BE ERROR-FREE.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BANACHEF, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THIS LIMITATION APPLIES REGARDLESS OF WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF BANACHEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless BanaChef, its parent, subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (a) Your use of and access to the Service; (b) Your violation of any term of this Agreement; (c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) Any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Service.

17. TERM AND TERMINATION

17.1. Term

This Agreement is effective from the date you accept it and continues until terminated by you or BanaChef.

17.2. Termination by You

You may terminate this Agreement at any time by deleting your Account and uninstalling the App from all devices.

17.3. Termination by BanaChef

We may terminate this Agreement and your access to the Service immediately, without prior notice, if you violate any term of this Agreement.

17.4. Survival

Upon termination, all rights granted to you under this Agreement will cease immediately, and you must cease all use of the Service. The provisions regarding Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution shall survive termination.

18. GOVERNING LAW AND DISPUTE RESOLUTION

18.1. Governing Law

This Agreement and any dispute related thereto shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam, without regard to its conflict of law principles.

18.2. Arbitration Agreement (Optional for International Context)

For users outside of Vietnam: Any dispute arising out of or relating to this Agreement shall be finally settled by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

18.3. Jurisdiction

For users within Vietnam: Any dispute not resolved through negotiation shall be submitted to the competent People's Court in the City where the Company's headquarters are located.

19. GENERAL PROVISIONS

19.1. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19.2. No Waiver

The failure of BanaChef to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

19.3. Entire Agreement

This Agreement, together with the Privacy Policy and any other rules published on the Service, constitutes the entire agreement between you and BanaChef regarding the Service and supersedes all prior agreements.

19.4. Assignment

You may not assign or transfer this Agreement or your rights without our prior written consent. BanaChef may freely assign this Agreement.

20. CONTACT INFORMATION

We welcome your questions and comments regarding this Terms of Service.