Terms of Service

1. Acceptance of terms

By accessing or using the Service, you confirm that you are at least 13 years old (or the minimum age required in your jurisdiction) and that you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of a band or organisation, you represent that you have authority to bind that group to these Terms.

2. The Service

Banana Split is a stem-player application for rehearsal. It lets you upload audio, separate mixes into stems, build practice mixes with controls such as per-stem volume, loops, sections, markers, tempo and pitch, and collaborate with members of your band. We may add, change or remove features over time to improve the Service.

3. Accounts

To use most features you must create an account. You agree to provide accurate information, to keep your login credentials secure, and to be responsible for all activity that occurs under your account. Notify us promptly if you believe your account has been accessed without authorisation. You are responsible for the members you invite to your bands and for their use of the Service.

4. Plans & billing

• Free plan. The Free plan includes up to 3 songs, 2 AI stem splits per month, up to 3 band members, and the full player, at no cost.
• Pro plan. The Pro plan is US$14.95 per month and includes unlimited songs, unlimited AI splits (subject to fair use), unlimited band members, and priority support.
• Billing. Paid subscriptions are billed in advance on a recurring monthly basis through our payment processor, Stripe, and renew automatically until cancelled.
• Cancellation. You may cancel at any time. Your Pro features remain active until the end of the current billing period, after which your account reverts to the Free plan. Except where required by law, payments are non-refundable.
• Fair use. “Unlimited” features are subject to reasonable fair use to prevent abuse. We may contact you if your usage is significantly beyond normal individual or band rehearsal use.
• Price changes. We may change our prices. If we do, we will give you reasonable notice, and changes will apply from your next billing period.

5. Your content

You retain all ownership of the audio and other content you upload or create in the Service (“Your Content”). You grant us a limited, non-exclusive licence to host, store, process, transmit and display Your Content solely to operate and provide the Service to you and the bandmates you collaborate with — for example, to store your files, generate stems, and share a mix you choose to send.

You represent and warrant that you own or have the necessary rights, licences and permissions to upload and use Your Content in the Service, and that doing so does not infringe the rights of any third party.

6. Acceptable use

You agree not to:

• upload content you do not have the legal right to use, or that infringes intellectual property or other rights;
• use the Service for any unlawful purpose or to distribute pirated or unauthorised material;
• attempt to access accounts, data or systems that do not belong to you;
• interfere with, disrupt, overload, or reverse-engineer the Service or its infrastructure;
• circumvent plan limits, usage limits, or security measures;
• resell, sublicense or commercially exploit the Service except as expressly permitted.

We may suspend or remove content or accounts that violate these Terms or that we reasonably believe pose a risk to the Service or to others.

7. AI stem separation

Stem separation is performed using third-party AI processing. The quality of separated stems depends on the source recording and is provided on a best-effort basis — we do not guarantee any particular result. You are responsible for ensuring you have the rights to process any audio you submit for separation.

8. Our intellectual property

The Service, including its software, design, branding and content (excluding Your Content), is owned by Banana Split and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. No other rights are granted, and you may not copy, modify or create derivative works of the Service.

9. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if necessary to protect the Service or other users. On termination, your right to use the Service ends, and we may delete Your Content in accordance with our Privacy Policy, subject to any legal retention obligations.

10. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any content or stems will be accurate or available at all times. You are responsible for keeping your own backups of important files.

11. Limitation of liability

To the maximum extent permitted by law, Banana Split and its suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, revenue, profits or goodwill, arising out of or related to your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim, or US$50. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless Banana Split and its team from any claims, damages, liabilities and expenses arising out of Your Content, your use of the Service, or your breach of these Terms or of any third-party rights.

13. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you through the Service or by email. Your continued use of the Service after changes take effect means you accept the revised Terms.

14. Governing law

These Terms are governed by the laws applicable in the jurisdiction in which Banana Split operates, without regard to conflict-of-laws principles. Any disputes will be handled by the courts of that jurisdiction, except where applicable law gives you the right to bring a claim elsewhere.

15. Contact us

Questions about these Terms? Contact us at support@bananasplit.app.