Terms of Service

Last updated August 7, 2026

These Terms of Service (“Terms”) are a binding agreement between you and smsBanana, located at 550 W B St, 4th Floor, San Diego, CA 92101 (“smsBanana,” “we,” “us,” or “our”). They govern your use of the smsBanana SMS/MMS service (the “Service”). Our Privacy Policy is incorporated into these Terms by reference.

PLEASE READ THESE TERMS CAREFULLY. BY TEXTING OUR NUMBER AND CONFIRMING WITH YES, AND BY SUBSCRIBING OR MAKING ANY PURCHASE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

Please read the Dispute Resolution & Arbitration section carefully. It requires most disputes to be resolved by individual binding arbitration and waives your right to a jury trial and to participate in a class action. You may opt out of arbitration within 60 days.

1. Who can use the Service

You must be at least 18 years old and able to form a binding contract. By using the Service you represent that you meet these requirements and that the phone number you use belongs to you and is on an account you are authorized to use.

2. What the Service is

smsBanana is an automated SMS/MMS service. You text our number and we reply using artificial-intelligence models. The Service includes:

• Answers. Text a question and we reply with an AI-generated answer.
• Images. Start your message with DRAW followed by a description (a “prompt”) and we reply with an AI-generated image.
• Phone support and purchases. You may call our number to start or change a subscription, buy additional credits, cancel a plan, or reach a person.

Messages are automated, and the Service replies to messages you send; message frequency varies with your use. Answers and images are generated by AI models and may be inaccurate, incomplete, or out of date.

The Service is provided “as is” and depends on wireless carriers, our software, AI models, and third-party providers, none of which we can guarantee will always be available.

Subject to these Terms, we grant you a personal, revocable, limited, non-exclusive, non-transferable right to use the Service for your own personal or business purposes. We may modify or discontinue any feature at any time, with or without notice, and we will not be liable if the Service is unavailable for any period.

3. How credits work

Use of the Service is measured in credits. Different types of request consume different numbers of credits.

• Current prices, credit costs per request, credit amounts, subscription details, and any promotional or referral offers are described at the time you subscribe or purchase, on our website, or in our messages — not in these Terms. We may change, add, or discontinue any price, credit cost, credit amount, plan, feature, or promotional or referral offer at any time and at our sole discretion. Changes do not affect purchases already completed.
• Plan credits are a monthly refill, not a rollover. If you subscribe, your plan credits are replenished to that plan’s monthly amount at each renewal. Unused plan credits do not carry over and are forfeited at renewal, when your subscription ends, or when your paid period lapses.
• Extra credits do not expire. Credits you purchase separately, receive at signup, or are granted by us outside a subscription remain in your balance until you use them, subject to these Terms.
• When you make a request, we use any available plan credits before extra credits, so that perishable credits are spent first.
• We may reduce, revoke, or reverse credits — including promotional, referral, and granted credits — where we believe there has been abuse, fraud, gaming of promotions or referrals, a chargeback or reversed payment, a violation of these Terms, or where credits were issued in error.
• Credits and promotional offers have no cash value, are non-transferable except through features we expressly provide (such as referrals), and cannot be redeemed for cash except where required by law.
• Promotional and introductory offers are provided at our discretion, are limited, and may be modified or withdrawn at any time. Nothing in these Terms obligates us to provide any free or promotional credits.
• A request that is blocked by our automated content filter (see Acceptable use) may still consume a credit.

4. Subscriptions and automatic renewal

If you purchase a subscription:

• Your subscription automatically renews. Unless you cancel before the end of the then-current billing period, your subscription will renew for a new period of the same length, and the payment method you provided will be charged the then-current price for that period, until you cancel.
• We will disclose the renewal frequency and price to you before you subscribe and obtain your affirmative consent to those automatic-renewal terms. By subscribing you authorize these recurring charges.
• Each renewal refills your plan credits to the plan’s monthly amount. Unused plan credits from the previous period are forfeited and do not accumulate.
• We may change subscription prices or the credits included in a subscription. We will give you advance notice of any price increase, and it will take effect on your next renewal after the notice; if you do not want to continue at the new price, you may cancel before it takes effect.

Cancelling your subscription

You are solely responsible for properly cancelling your subscription. You can cancel at any time, effective at the end of the current billing period, in any of these ways:

• Call our number and choose the option to cancel your monthly plan. This cancels billing and keeps your account and messages active; or
• Reply STOP (or any standard opt-out keyword, including CANCEL, END, QUIT, or UNSUBSCRIBE) to our number. This opts you out of all messages and cancels your subscription at once; or
• Email [email protected].

Cancellation stops future renewals. Except where required by law, it does not refund the current period, and plan credits do not survive the end of the period — you may keep using remaining plan credits through the end of the period you already paid for, after which unused plan credits are forfeited. Extra credits you purchased separately are unaffected by cancellation.

5. Payments

• Payments are processed by third-party payment providers (for example, Stripe and Twilio Pay). Your use of those services is subject to their terms and privacy policies. We do not store your full card number.
• You are responsible for all charges incurred under your phone number, including any applicable taxes.
• For an auto-renewing subscription, you authorize us and our payment providers to automatically charge your payment method on each renewal until you cancel. You agree that we may preauthorize your payment method for the transaction amount and will not seek separate authorization for each recurring charge.
• If a charge fails, is reversed, or is disputed, we may suspend the Service, revoke associated credits, and pursue amounts owed.

6. Refunds

• If an answer or image fails to generate or deliver for a technical reason on our side, the credit for that request is refunded to your balance, to the credit type it was taken from.
• If a request is blocked by our content filter or otherwise violates these Terms, the credit is not refunded. This is intentional.
• Except as stated above or as required by law, payments and subscription fees are non-refundable, and cancelling does not entitle you to a refund of the current period.

7. Acceptable use

You agree not to use the Service to request, generate, or distribute content that:

• is unlawful, or that harasses, threatens, defames, or violates the rights of others;
• sexually exploits or endangers minors, or is otherwise sexual, violent, or hateful;
• depicts a real, identifiable person in a false or misleading way, or infringes anyone’s intellectual-property, privacy, or publicity rights;
• attempts to bypass, spam, overload, reverse-engineer, or defraud the Service, or to game credits, promotions, or the referral system.

You also agree not to access the Service through any automated or bulk means (bots, scripts, or auto-dialers) rather than by sending messages yourself, or to resell, redistribute, or provide access to the Service to others as your own paid or bulk offering.

Requests are screened by an automated content filter. We may also refuse, remove, suspend, deactivate, or ban any user or content at our discretion, with or without notice. Promotional and referral bonuses may be revoked, and accounts deactivated, for abuse or gaming.

8. Your prompts, questions, and the results

• What you send. You are responsible for the questions and prompts you send and confirm you have the right to send them. You grant us a worldwide, royalty-free license to use, process, and store them and the resulting answers and images as needed to operate, secure, and improve the Service and to comply with law.
• The results. Subject to your compliance with these Terms, you may use the answers and images you generate for lawful personal and commercial purposes. However, AI-generated content may be inaccurate, may not be eligible for copyright protection, may be similar to content generated for other users, and may unintentionally resemble existing works or people. We make no promise that any result is accurate or unique, that you own it, or that using it will not infringe someone’s rights, and you are responsible for how you use it. Do not rely on answers for medical, legal, financial, or other professional advice.
• Our property. The Service, our software, models, branding, and the smsBanana name are owned by us or our licensors and are protected by law. These Terms grant you no rights in them except to use the Service as permitted.

9. Messaging terms, STOP and HELP

• Message and data rates may apply and are charged by your carrier.
• Reply HELP at any time for help.
• Reply STOP to opt out of all messages. The standard opt-out keywords CANCEL, END, QUIT and UNSUBSCRIBE work the same way. Opting out also cancels any paid subscription, so you will not be charged again. You will receive one final confirmation and nothing further. Reply START to rejoin.
• To cancel billing while keeping your account and messages active, call our number and choose the cancel option, or email [email protected].
• Text DELETE to deactivate your account (see our Privacy Policy).
• Wireless carriers are not liable for delayed or undelivered messages.

10. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL ANSWERS AND IMAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED 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 ANY ANSWER OR IMAGE WILL BE ACCURATE, APPROPRIATE, UNIQUE, OR SUITABLE FOR ANY PURPOSE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, or goodwill, arising out of or relating to the Service, even if we were advised of the possibility.
• Our total liability for all claims relating to the Service will not exceed the greater of (a) the total amounts you paid us in the 12 months before the event giving rise to the claim, or (b) US $100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless smsBanana and its members, officers, employees, agents, and licensors from and against any and all third-party claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service or any answer or image you generate through it; (b) your prompts, questions, or content; (c) your violation of these Terms or of any law; or (d) your violation or infringement of any right of another person or entity, including intellectual-property, privacy, or publicity rights.

13. Dispute Resolution — Binding Arbitration

Please read this section carefully — it affects your legal rights.

• Informal resolution first. Before starting an arbitration, you agree to send written notice of the dispute to [email protected] (or our mailing address above), describing the claim and the relief sought, and to give us 30 days to try to resolve it informally.
• Binding arbitration. Except as noted below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. The arbitration will be held in San Diego County, California, or, if you are a consumer, at a location convenient to you, and may be conducted by phone or written submissions where the AAA rules allow. The arbitrator applies California law.
• Class-action waiver. Disputes will be arbitrated ONLY ON AN INDIVIDUAL BASIS. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
• Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property or unauthorized-use claims.
• 60-day opt-out. You may opt out of this arbitration agreement by emailing [email protected] within 60 days of first accepting these Terms, stating your phone number and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

14. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to their jurisdiction.

15. Time limit on claims

Any claim relating to the Service must be filed within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

16. Suspension and termination

We may suspend, deactivate, or terminate your access at any time, with or without notice, including for violation of these Terms or suspected abuse. Sections that by their nature should survive (including Sections 6, 8, 10–15, and 18) survive termination.

17. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date shows the current version. Material changes will be posted here and, where appropriate, sent by message. Your continued use of the Service after a change takes effect means you accept the updated Terms.

18. General

• Severability. If any provision is found unenforceable, the rest remains in effect and the unenforceable provision is limited to the minimum extent necessary.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• No partnership. No agency, partnership, joint venture, or employment relationship is created by these Terms.
• Assignment. You may not assign these Terms; we may assign them to an affiliate or successor.
• Force majeure. We are not liable for failures caused by events beyond our reasonable control.
• Entire agreement. These Terms, together with any offer terms presented at purchase and our Privacy Policy, are the entire agreement between you and us regarding the Service.

19. Contact

Questions about these Terms: [email protected]
smsBanana, 550 W B St, 4th Floor, San Diego, CA 92101