Terms of Service — Banana Farmer

Legal Content

Effective Date: September 1, 2025

Legal Entity: Banana Farmer, Inc. (“Banana Farmer,” “we,” “us,” or “our”)

Plain-English Snapshot (not a substitute for the terms below)

We provide US-only, impersonal market analytics (educational)—not investment advice or a trading platform.
Equities data is delayed (≈15 minutes; sometimes end-of-day), crypto refreshed periodically.
You get a 24-hour card-less trial, then $29/mo monthly or $23.20/mo billed annually ($278.40/yr) (auto-renew, cancel anytime; fees generally non-refundable).
Don’t scrape, redistribute data, or use the service outside the US.
We limit our liability to the maximum allowed by law and require individual arbitration (no class actions).

1) Agreement to Terms

By accessing or using bananafarmer.app or app.bananafarmer.app (the “Service”), you agree to be bound by these Terms of Service (the “Terms”) and our Privacy Policy (incorporated by reference). If you do not agree, do not use the Service.

You represent that you are at least 18, able to enter a binding contract, and physically located in the United States when accessing the Service. The Service is not offered to persons or entities in any other jurisdiction.

2) What Banana Farmer Is (and Isn’t)

Educational analytics only. Banana Farmer offers impersonal, algorithmic scoring (e.g., Ripening / Ripe / Overripe badges, 0–100 composite score) for US-listed stocks and top-100 crypto assets.

Not investment advice. We do not provide individualized recommendations; we are not your advisor, broker-dealer, exchange, ATS, CTA, CPO, or MSB. No fiduciary duty is created by your use of the Service.

No order routing or trade execution. We do not place, hold, or transmit orders.

Past performance is not indicative of future results. Scoring and badges may be incorrect, delayed, or incomplete. Do your own research and consult a qualified professional before making any financial decision.

3) U.S.-Only Availability

The Service is intended solely for users in the United States. We employ controls such as IP geofencing, payment geolocation, and terms representations to enforce this.

You agree not to access or use the Service from outside the US, not to use VPNs/proxies to bypass geofencing, and not to export any Service content or data to other jurisdictions. Doing so is a material breach.

We also restrict access to sanctioned persons/regions (e.g., OFAC lists). You represent you are not on any US sanctions list and are not located in an embargoed country.

4) Account; Trial; Subscriptions; Billing

4.1 Account

You must create an account and provide accurate information. Maintain the security of your credentials. You are responsible for all activity under your account.

4.2 Free Trial

We may provide a 24-hour card-less trial with full access. We may limit features, impose rate limits, or withdraw the trial at any time.

4.3 Plans and Fees

After the trial, access requires a paid subscription:

Monthly: $29/month (auto-renew monthly)
Annual: $278.40/year ($23.20/mo billed annually; auto-renew annually)

Prices are subject to change on notice (changes apply to renewals). Taxes may apply.

4.4 Payment Processing

Payments are processed by Stripe or another PSP. You authorize us and our PSP to store and charge your payment method on a recurring basis until you cancel. We may suspend or terminate access for failed payments.

4.5 Refunds; Cancellations

All fees are non-refundable except where required by law or if expressly stated otherwise in a promotion. You may cancel at any time in the app; cancellation takes effect at the end of your current term. You remain responsible for charges already incurred.

4.6 Founder Price Lock

If we offer a “Founder price lock”, it applies only to the specific plan and account eligible under the promotion and remains subject to (i) continued eligibility; (ii) our right to modify features or introduce new plans; and (iii) termination for breach. We may discontinue the promo for new users at any time.

5) Market Data; Social Data; Accuracy

5.1 Sources and Delays

We obtain data from third-party providers (e.g., market data such as Polygon for US equities, crypto market data such as CoinGecko, and public-source sentiment signals like Reddit/WSB/X summaries). Equity quotes are delayed (typically ~15 minutes) and may fall back to end-of-day snapshots. Crypto data may be hourly with 15-minute refresh on subsets. Actual latency can vary.

5.2 No Redistribution

All data you access via the Service is for your personal, non-commercial use within the Service interface. You will not copy, cache, scrape, bulk download, redistribute, resell, white-label, or provide systematic access to any data or content. Any use beyond the interface requires our written consent and may require additional licenses from data vendors.

5.3 No Warranties on Data

Data may be inaccurate, incomplete, interrupted, manipulated (including social-media manipulation), or unavailable. We do not guarantee timeliness, sequence, completeness, or correctness. We may change data providers at any time.

6) License; Acceptable Use

6.1 License to You

Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial purposes.

6.2 Prohibited Conduct

You agree not to:

Use the Service outside the US, via VPN, or in violation of sanctions/export laws.
Scrape, spider, or harvest data; use bots to circumvent rate limits; or benchmark to build a competitive product.
Copy, modify, reverse engineer, decompile, or otherwise attempt to discover source code or scoring logic (except to the extent such restriction is prohibited by law).
Interfere with security features, access controls, or service integrity; test for vulnerabilities without written permission.
Upload or link to malware, abusive content, or anything unlawful.
Use the Service to make or communicate investment decisions for others (e.g., as a signal-selling business).

6.3 Fair Use & Rate Limits

We may enforce fair-use limits (e.g., refresh frequency, pagination, API quotas) to maintain quality for all users. We may throttle or suspend accounts exceeding reasonable use.

7) User Content; Feedback

If you submit content (e.g., comments, referrals, testimonials), you grant us a worldwide, royalty-free, perpetual license to host, use, reproduce, adapt, publish, translate, and display such content for operating and improving the Service and for marketing (with any personally identifying information handled per our Privacy Policy). You grant us rights to use feedback without restriction or attribution.

You represent you have all rights to upload/submit such content and that it is lawful, non-infringing, and accurate.

8) AI-Generated and Algorithmic Outputs

The Service uses automated scoring and machine-learning to generate outputs (e.g., composite scores, badges, explanations). Outputs may be wrong, misleading, offensive, or inconsistent and are provided “AS IS.” You must independently verify any output before relying on it. We may adjust models, weights, thresholds, penalties (e.g., “Too-Late”) and refresh schedules at any time.

9) Beta, Trials, and Experimental Features

We may release features labeled “Alpha,” “Beta,” “Preview,” or similar. Such features may be unstable or incomplete and may be withdrawn at any time. You accept heightened risk of errors or outages when using pre-release features.

10) Privacy; Communications; E-Sign

Our Privacy Policy describes how we collect and process your information (including IP/geolocation for US-only gating, device and usage data, and referral metrics).

By creating an account or joining the waitlist, you consent to receive service and marketing emails (you can unsubscribe from marketing). You consent to electronic records and signatures (E-SIGN).

11) Intellectual Property

The Service, including software, models, scores, badges, UI, graphics, logos, trademarks (e.g., “Banana Farmer,” the banana/gauge mark), and content are owned by Banana Farmer or its licensors and are protected by IP laws. Except for the license expressly granted to you in §6.1, no rights are transferred. All trademarks of third parties are property of their respective owners.

If you believe content infringes your rights, contact [email protected] with a detailed notice; we may process DMCA requests.

12) Third-Party Services & Links

The Service may reference or integrate third-party services (e.g., Stripe, Prefinery, analytics, data vendors). Your use of third-party services is subject to their terms and privacy policies. We are not responsible for third-party content, availability, or conduct.

13) Disclaimers

THE SERVICE AND ALL CONTENT/OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ACCURACY, RELIABILITY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ERROR-FREE/UNINTERRUPTED OPERATION.

WE DO NOT WARRANT THAT USAGE OF THE SERVICE WILL PRODUCE ANY PROFIT OR THAT LOSSES WILL BE AVOIDED.

14) Risk Disclosure

Trading equities and crypto assets involves substantial risk, including the risk of loss of principal. Markets can be illiquid, volatile, manipulated, halted, or inaccessible. Social-signal spikes can be artificial. Backtests and historical patterns may not predict future results. You are solely responsible for your decisions and for complying with all laws and your brokerage/exchange terms.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BANANA FARMER OR ITS SUPPLIERS, PARTNERS, OR PERSONNEL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID TO BANANA FARMER IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR $50 IF YOU HAVE NOT PAID ANYTHING).

Some jurisdictions do not allow these limitations; in such cases, liability is limited to the greatest extent permitted by law.

16) Indemnification

You will defend, indemnify, and hold harmless Banana Farmer and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or relating to: (i) your use of the Service; (ii) your breach of these Terms; (iii) your violation of any law or third-party right; or (iv) any content you submit.

17) Suspension and Termination

We may suspend or terminate your access immediately, with or without notice, if we reasonably believe you violated these Terms, create risk to us or others, fail to pay fees, attempt to bypass US-only controls, or engage in prohibited conduct. Upon termination, your right to use the Service ends, but sections that by their nature should survive (e.g., §§5–7, 8, 10–16, 18–22) will survive.

You may terminate at any time by canceling your subscription in the app and discontinuing use.

18) Changes to the Service and to These Terms

We may modify or discontinue the Service (in whole or part) at any time. We may update these Terms by posting the revised version and updating the “Effective Date.” Material changes will be notified within the Service or by email. Your continued use after changes become effective constitutes acceptance.

19) Governing Law; Dispute Resolution (Arbitration)

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules (you may substitute Delaware after incorporation).

Mandatory Arbitration & Class-Action Waiver.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS (or AAA) under its applicable rules. No class actions or class arbitrations—claims must be brought individually. Either party may seek relief in small-claims court in Maricopa County, Arizona if eligible. You and Banana Farmer waive the right to a jury trial.

30-Day Opt-Out. You may opt out of arbitration by emailing [email protected] within 30 days of creating your account, stating your name, account email, and your clear intention to opt out.

20) Export & Sanctions Compliance

You agree to comply with all US export control and sanctions laws. You will not access or use the Service if doing so is prohibited by such laws, including if you are on any US sanctions list.

21) Miscellaneous

Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and us.

Assignment. You may not assign or transfer these Terms without our consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permissible, and the remainder will remain in effect.

No Waiver. Our failure to enforce any provision is not a waiver.

Force Majeure. We are not liable for delays/failures due to events beyond our reasonable control (e.g., Internet outages, provider failures, regulatory actions).

Headings. Headings are for convenience only.

Notices. We may provide notices by posting in the Service or sending to the email associated with your account. You consent to electronic communications.

22) Service-Specific Disclosures

Display Delays & “Too-Late” Badge. Equities data shown may be delayed ~15 minutes (or EOD in fallback). Crypto may refresh hourly and every 15 minutes for a subset. The “Too-Late/Overripe” badge is a heuristic; thresholds and penalties may change without notice.

Universe Coverage. Stocks: NYSE/Nasdaq; we exclude sub-$0.50 tickers or average daily volume < 500k. Crypto: top-100 market cap; meme coins appear only if trending. Coverage and criteria may change.

Scoring Inputs. Current default weighting includes price/volume momentum, technical trends (e.g., RSI/EMA/ATR), social-velocity signals, and crypto crowding (where applicable). We may adjust weights, thresholds, or data sources and we may run A/B variations.

Attribution. Data may be provided by vendors such as Polygon, CoinGecko, and public-source monitors; vendor attribution notices may appear in the Service UI and must not be removed.

No Redistribution. Screenshots, exports, or systematic extraction of data are restricted; contact us for licensing.

23) How to Contact Us

Questions about these Terms? Email [email protected].