GoBananas Platform — Terms of Service and Privacy Policy

1. Introduction

Welcome to the GoBananas platform (“GoBananas,” “we,” “our,” or “us”). These Terms of Service (“Terms”) and Privacy Policy (“Policy”) govern your access and use of our ordering and management tools, including mobile applications, websites, and related services (collectively, the “Platform”). By using the Platform, you agree to these Terms and our Privacy Policy. If you do not agree, you may not use the Platform.

2. Definitions

Client – a merchant, restaurant, or business using GoBananas to receive and manage orders.

Customer – an individual placing an order through a GoBananas-powered site or app.

Platform – the GoBananas software, APIs, and infrastructure enabling ordering, payments, and management.

3. Nature of Service

GoBananas provides technology tools that facilitate order creation, management, and payment processing between Clients and Customers. GoBananas is not a seller, not a payment processor, and not a party to any transaction between Clients and Customers. All orders, products, and services are the sole responsibility of the respective Client.

4. License and Acceptable Use

Clients are granted a limited, non-exclusive, non-transferable license to use the Platform. Clients may not copy, resell, or reverse engineer any part of the Platform. Clients may not use GoBananas for unlawful purposes or to process prohibited goods or services. GoBananas may suspend or terminate access for violations of these Terms or applicable law.

5. Data Collection and Processing

GoBananas collects limited data to operate effectively and provide the services. This may include:

• Customer data: name, contact information, order details, and payment status.
• Client data: business name, address, contact information, and account credentials.
• Technical data: device identifiers, browser data, usage analytics, and location (if enabled).

GoBananas processes Customer data on behalf of the Client solely for order fulfillment and operational purposes.

6. Data Sharing

We share data only as necessary to perform our services:

• With the Client receiving an order, for the purpose of processing and fulfilling it.
• With payment processors (e.g., Stripe, PayPal) to complete payments.
• With infrastructure providers (e.g., Firebase, Google Cloud) for secure hosting and notifications.

We do not sell or rent customer information to any third party.

7. Client Responsibilities and Data Restrictions

Clients receiving access to Customer data agree to:

• Use such data only for order processing, fulfillment, and legally compliant communications.
• Not share, sell, export, or use Customer data for unrelated marketing or analytics.
• Comply with all applicable privacy laws in their region (including GDPR, CCPA, and Mexico’s LFPDPPP).
• Delete or anonymize data upon verified customer request, where required by law.

GoBananas reserves the right to suspend or terminate Client accounts for misuse of customer data.

8. Security

GoBananas implements encryption and industry-standard security practices to protect information in transit and at rest. However, no system is 100% secure, and users acknowledge that they provide data at their own risk.

9. Data Retention

GoBananas retains information only as long as necessary to:

• Provide the services,
• Comply with legal obligations,
• Resolve disputes,
• Enforce agreements.

After this period, data may be deleted or anonymized.

10. Customer Rights

Customers may request access, correction, or deletion of their personal data by contacting the Client directly or emailing GoBananas at support@gobananas.run. GoBananas will assist Clients in responding to verified requests within a reasonable timeframe.

11. Payments and Refunds

Payment processing is handled by third-party providers. GoBananas does not store credit card data and is not responsible for payment disputes or refunds between Customers and Clients. Refunds, order changes, and cancellations are subject to the respective Client’s own policies.

12. Intellectual Property

All source code, systems, logos, and design elements of the Platform remain the exclusive property of GoBananas and its licensors. Clients may not reproduce, distribute, or claim ownership of any GoBananas technology or brand assets.

13. Limitation of Liability

To the fullest extent permitted by law:

• GoBananas is not liable for loss of profits, revenue, data, or goodwill.
• GoBananas is not responsible for errors, delays, or failures caused by Clients, third parties, or network issues.
• GoBananas’ total liability for any claim shall not exceed the amount paid by the Client to GoBananas in the preceding thirty (30) days.

14. Indemnification

Clients agree to indemnify and hold harmless GoBananas and its affiliates from any claims, damages, or losses arising from: Client’s misuse of data, violation of these Terms, breach of privacy obligations, or misconduct toward Customers or third parties.

15. International Operations

GoBananas operates in multiple jurisdictions, including Mexico and the United States. By using the Platform, you consent to the transfer and processing of data across borders, in accordance with applicable privacy laws.

16. Modifications

GoBananas may update these Terms or the Privacy Policy from time to time. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

17. Contact

For privacy or legal inquiries, contact:
support@gobananas.run