Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and replusminus GmbH ("Company", "we", "us", "our") regarding your use of the Banana PDF application ("App") and related services.

By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not download, install, or use the App.

2. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices that you own or control, solely for your personal or internal business purposes.

This license does not include the right to:

• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App
• Remove, alter, or obscure any proprietary notices on the App
• Use the App for any unlawful purpose or in violation of any applicable laws
• Distribute, sublicense, lease, rent, or lend the App to third parties
• Use the App to develop competing products or services

3. In-App Purchases

The App may offer additional features through in-app purchases. All in-app purchases are processed by Apple through the Mac App Store and are subject to Apple's terms and conditions.

• Non-Refundable: All purchases are final and non-refundable, except as required by applicable law or Apple's refund policies
• Perpetual License: Purchased features are licensed to you perpetually for your personal use
• No Transfer: Purchases cannot be transferred to other users or accounts
• Price Changes: We reserve the right to change prices at any time; however, price changes will not affect previously completed purchases

4. User Responsibilities

You are responsible for:

• Ensuring you have the legal right to access and process any documents you use with the App
• Maintaining the security of your device and any documents processed by the App
• Creating and maintaining backups of your documents
• Complying with all applicable laws and regulations in your use of the App
• Not using the App for any illegal, harmful, or unauthorized purpose

5. Intellectual Property

The App, including all content, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement), is owned by replusminus GmbH and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Banana name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of replusminus GmbH. You may not use such marks without our prior written permission.

6. Your Content

You retain all rights to the documents and content you process using the App ("Your Content"). The App processes Your Content locally on your device, and we do not claim any ownership rights over Your Content.

You represent and warrant that:

• You own or have the necessary rights to use Your Content
• Your Content does not violate any third-party rights
• Your use of the App with Your Content complies with all applicable laws

7. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The App will meet your specific requirements
• The App will be uninterrupted, timely, secure, or error-free
• The results obtained from using the App will be accurate or reliable
• Any errors in the App will be corrected
• The App will be compatible with any particular hardware or software

You acknowledge that PDF processing may occasionally produce unexpected results, and you are responsible for verifying the output of any document processing operations.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REPLUSMINUS GMBH, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Damage to or loss of documents or data
• Cost of procurement of substitute goods or services
• Any unauthorized access to or alteration of your data
• Any matter beyond our reasonable control

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP EXCEED THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY EUROS (EUR 50), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless replusminus GmbH and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the App
• Your Content or documents processed using the App
• Your violation of any third-party rights
• Any claim that Your Content caused damage to a third party

10. Updates and Modifications

We may update, modify, or discontinue the App or any features at any time without prior notice. We are not obligated to provide any updates, enhancements, or support for the App.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date at the top of these Terms. Your continued use of the App after such modifications constitutes your acceptance of the updated Terms.

11. Termination

We may terminate or suspend your license to use the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

• Your license to use the App will immediately cease
• You must delete all copies of the App from your devices
• Provisions of these Terms that by their nature should survive termination shall survive

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts located in Zug, Switzerland.

If you are a consumer residing in the European Union, you may also be entitled to bring proceedings in the courts of your country of residence. Nothing in these Terms affects your rights as a consumer to rely on mandatory provisions of local law.

13. Dispute Resolution

For EU consumers: The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

15. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and replusminus GmbH regarding the App and supersede all prior or contemporaneous agreements, understandings, and communications.

16. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.

18. Contact Information

If you have any questions about these Terms, please contact us: