Terms of Service

Effective Date: August 1, 2025

These Terms of Service ("Terms") govern your access to and use of the DayStart AI mobile application and related services (collectively, the "Service") provided by Banana Intelligence LLC ("Banana Intelligence", "we", "us", or "our"). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who we are

DayStart AI is a personal morning briefing app by Banana Intelligence LLC.

  • Legal entity: Banana Intelligence, LLC
  • Website: https://bananaintelligence.ai
  • App Website: https://daystart.bananaintelligence.ai
  • Contact: nate@bananaintelligence.ai

2. Eligibility

You must be at least 13 years old (or older where required by your jurisdiction) to use the Service. If you are 13–17, you must have a parent or guardian’s permission.

3. License and acceptable use

We grant you a personal, limited, revocable, non‑transferable, and non‑exclusive license to use the app on Apple‑authorized devices you own or control, solely for personal, non‑commercial use and strictly in accordance with these Terms and Apple’s App Store Terms.

You agree not to:

  • reverse engineer, decompile, or attempt to derive the source code of the Service;
  • bypass or interfere with security or access controls;
  • use the Service to create unlawful, harmful, misleading, or infringing content;
  • attempt to overload, disrupt, or impair the Service; or
  • use the Service in violation of applicable law or third‑party rights.

4. Subscriptions, billing, and refunds

  • Purchases are processed by Apple via in‑app purchase. We do not collect your payment card details.
  • Subscriptions automatically renew until you cancel in your Apple ID settings. You can manage or cancel at any time via your iPhone settings.
  • Pricing and offer terms are displayed in the app and may change at renewal. If prices change, Apple will notify you per App Store policy.
  • Refunds are handled exclusively by Apple pursuant to App Store refund policies.

5. Generated content and information accuracy

DayStart AI generates audio briefings using third‑party services and public/partner data sources (e.g., news, sports, weather, and market data). Generated content may contain errors or delays and is provided for information and entertainment only. It is not investment, medical, legal, or other professional advice. You should verify important information from primary sources.

6. Your content and permissions

If you enable optional features, you may permit the app to access your device Location (for local weather) and Calendar (to include event summaries). The app will process this data to create your briefing; see the Privacy Policy for details. You represent that you have the rights to provide such data for this use.

7. Third‑party services

The Service depends on third‑party providers (e.g., Apple services such as StoreKit, WeatherKit, EventKit; backend hosting via Supabase; AI and text‑to‑speech providers; and data sources such as news, sports, and market APIs). Your use of those services may be subject to their terms. We are not responsible for third‑party sites, services, or content.

8. Intellectual property

The Service, including all software, text, graphics, logos, and other materials, is owned by Banana Intelligence or its licensors and is protected by intellectual property laws. Except for the limited license in Section 3, no rights are granted to you. "DayStart AI" and related marks are trademarks of Banana Intelligence LLC.

9. Feedback

If you provide feedback or suggestions, you grant us a worldwide, perpetual, irrevocable, royalty‑free license to use and exploit the feedback for any purpose without obligation to you.

10. Termination

We may suspend or terminate your access to the Service at any time if we believe you have violated these Terms or if we discontinue the Service. You may stop using the Service at any time. Sections that by their nature should survive will survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law).

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE, OR THAT CONTENT WILL BE ACCURATE OR RELIABLE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANANA INTELLIGENCE LLC AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE. TO THE EXTENT ANY LIABILITY IS FOUND, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR FIFTY U.S. DOLLARS ($50), WHICHEVER IS GREATER.

13. Indemnification

You agree to defend, indemnify, and hold harmless Banana Intelligence LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service or your violation of these Terms.

14. Export control

You may not use, export, or re‑export the Service except as authorized by U.S. law and the laws of the jurisdiction(s) where the Service was obtained.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflicts of law principles. You and Banana Intelligence agree to the exclusive jurisdiction and venue of the courts located in Delaware.

16. Changes to the Service or Terms

We may modify the Service or these Terms at any time. Material changes will be communicated in‑app or via update notes, and the "Effective Date" will be updated. Your continued use after changes become effective constitutes acceptance of the revised Terms.

17. Contact

For questions about these Terms, contact us at: nate@bananaintelligence.ai.

18. Apple App Store terms

You acknowledge that these Terms are between you and Banana Intelligence LLC only, not Apple. Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support. To the extent any warranty applies, Apple may refund the purchase price (if applicable). Apple and Apple’s subsidiaries are third‑party beneficiaries of these Terms.