Terms & Conditions

Updated at [2025/09/22]

1. GENERAL TERMS

These Terms & Conditions (“Terms & Conditions”) form a binding agreement between you and Banger (“Banger,” “we,” “us,” or “our”) and govern your use of our website, mobile application, online portal, electronic forms, surveys, interactive features, and any related services or technologies we make available (together, the “Banger Service”). By installing, ordering, accessing, or otherwise using the Banger Service, you acknowledge that you have read and accepted these Terms & Conditions, including our Privacy Policy and any other referenced policies, and that you agree to comply with them. If you do not consent to these Terms & Conditions, you may not use the Banger Service, and any ongoing use must stop immediately. Banger may revise or update these Terms & Conditions from time to time. Any changes will be posted on this page with the date of the latest update clearly shown, and we may also provide notice through reasonable means such as email or in-Service notifications. Your continued use of the Banger Service after changes take effect constitutes acceptance of the updated Terms & Conditions. You are responsible for reviewing this page periodically to stay informed. To access certain features of the Banger Service, you may need to download specific content or software and/or agree to supplementary terms and conditions. By using the Banger Service, you represent that you have the authority and capacity to enter into this agreement. If you are a parent, guardian, or teacher providing consent for a child’s use of the Service, you confirm that you are authorized to do so and that the child’s use will comply with these Terms & Conditions under applicable law. You agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Banger Service. If you refuse these Terms & Conditions, you are not permitted to install, order, access, or otherwise use Banger Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

2. RESTRICTIONS

You agree not to, and you will not permit others to:

3.Banger SERVICE

The Banger Service allows you to provide prompts (“Prompts”) that guide the generation of original works across various music genres, including musical and visual works, audio tracks and cover artwork (collectively, the “Outputs”). You may iteratively refine the Outputs by submitting additional Prompts. The Banger Service is designed with safeguards and will not allow Prompts that violate intellectual property rights, applicable law, or Banger principles and community standards. If you nevertheless attempt to submit such a Prompt, or if an Output results in any infringement or unlawful content, you shall remain solely responsible.

The Banger Service also provides technical infrastructure for distributing Outputs to third-party digital platforms, such as Spotify. Use of this distribution feature is optional. If you elect to distribute Outputs through Banger or opt to use certain features whether mentioned in these Terms & Conditions or not, you must enter into and accept additional distribution terms and conditions or additional provisions that will govern the submission, distribution, and monetization of such Outputs and the use of other features. All intellectual property rights in the Outputs generated through the Banger Service are vested in the user to the extent permitted by applicable law. However, the user grants Banger a non-exclusive, worldwide, royalty-free license to use the Outputs for marketing, promotional, and demonstration purposes.

In the event that Banger determines, or has reasonable grounds to suspect, that any Output (i) infringes or misappropriates any intellectual property or other proprietary right, (ii) violates any applicable law, regulation, or governmental order, or (iii) is otherwise inconsistent with Banger principles, policies, or community standards, Banger shall be entitled, at its sole and absolute discretion, to take any and all measures it deems necessary or appropriate, including but not limited to:

Banger’s exercise of such rights shall not be deemed a waiver of any other rights or remedies available under applicable law. Any such actions may be taken by Banger immediately and without prior notice to the user, and Banger shall not incur any liability, responsibility, or obligation of any kind arising therefrom.

4. YOUR RESPONSIBILITY FOR REVIEWING OUTPUTS

The user acknowledges and agrees that:

5. USER OBLIGATIONS AND ACCEPTABLE USE

You are fully and solely responsible for how you use the Banger Service, including every Prompt you submit and each Output you generate. All risks connected with your use belong to you, and you remain accountable for the accuracy, legality, and appropriateness of your actions. Banger does not verify or endorse any content generated or provided by users, and expressly disclaims any liability related thereto. You may not employ the Outputs or the Service in any way that competes with or attempts to replicate the business of Banger. The following categories of conduct are strictly forbidden. By using the Banger Service, you agree not to:

If your access to the Banger Service is blocked, suspended, or otherwise restricted (including through IP blocking), you agree not to attempt to circumvent such restrictions by any technical or other means. You acknowledge and agree that Banger may set general practices and limitations regarding the use of the Banger Service, which may include limits on how long data or other content is stored, as well as the maximum storage capacity allocated on Banger’s servers or those of its third-party providers on your behalf. You also acknowledge that Banger may, at its discretion, deactivate or terminate accounts (together with their associated Prompts, Suggestions, and Outputs) that remain inactive for a prolonged period. Banger further reserves the right to modify such practices and limitations at any time, with or without prior notice, at its sole discretion.

6. RETURN AND REFUND POLICY

Thanks for shopping at Banger. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products. As with any shopping experience, there are terms and conditions that apply to transactions at Banger. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order, subscribing or making a purchase at Banger, you agree to the terms along with Banger's Privacy Policy. Subscriptions are managed through your Apple ID account settings, and any requests for refunds must be handled directly with Apple. Banger does not process or decide on refunds. However, if, for any reason, you experience a technical issue or remain dissatisfied after Apple’s process, please don't hesitate to contact us. While we cannot override Apple’s refund decisions, we may, at our discretion and in good faith, offer app-based credits or other reasonable solutions to assist you.

7. SUGGESTIONS AND SUBMISSIONS

Any feedback, comments, ideas, improvements, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies, promotions or suggestions (collectively, "Suggestions") provided by you to Banger with respect to the Banger Service and app shall be deemed non-confidential and non-proprietary, and, to the maximum extent permitted by applicable law, shall automatically become the sole and exclusive property of Banger, without any obligation to provide you with credit, acknowledgment, or compensation. Banger shall be free to use, reproduce, modify, publish, distribute or otherwise exploit any Suggestions for any purpose and in any medium, in perpetuity, including but not limited to the development, marketing, and improvement of products and services. You expressly waive any claim to rights, ownership, or compensation in connection with such Suggestions. Banger and its affiliates shall bear no liability for any direct, indirect, incidental, special, or consequential damages (including loss of data or profit) arising out of your provision of Suggestions, or Banger’s use, modification, publication, distribution, or exploitation of such Suggestions, even if advised of the possibility of such damages.

Banger further reserves the right to revise its policies, including usage terms and pricing, at any time without prior notice.

8. MODIFICATIONS AND UPDATES TO THE BANGER SERVICE

Banger reserves the right to modify, suspend, or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you, except as required by applicable law. Banger may from time to time provide enhancements or improvements to the features/functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the app. You agree that Banger has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you. You further agree that all Updates will be (i) deemed an integral part of the app, and (ii) shall, to the fullest extent permitted by law, be governed by the same terms and conditions as this Agreement, unless expressly stated otherwise by Banger.

9. CHANGES TO OUR TERMS & CONDITIONS

You acknowledge and agree that Banger may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at its sole discretion, with or without prior notice to you. You may stop using the Banger Service at any time. You do not need to specifically inform us when you stop using the Banger Service. You acknowledge and agree that if disables access to your account, you may be prevented from accessing the Banger Service, your account details or any files or other materials which are contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below. By continuing to access or use the Banger Service and app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Banger.

10. YOUR CONSENT

We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our app, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

11. LINKS TO OTHER WEBSITES

These Terms & Conditions apply only to the Banger Service. The Banger Service may contain links to other websites not operated or controlled by Banger. We are not responsible for the content, accuracy, or opinions on such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Banger Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that are linked on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you. Such collection is governed solely by those third parties’ privacy policies, and Banger is not responsible for their practices.

12. THIRD-PARTY SERVICES

We may display, include or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services ("Third-Party Services"). In certain cases, you might even be able to access Banger by authenticating through such external providers (for example, social networks or other online services). Using certain Third-Party Services may require you to create additional login credentials, agree to separate terms with those providers, or permit information you have shared with them to be shared with Banger. Any such information received by us will be processed in accordance with our Privacy Policy. However, Banger has no control over how such third parties process your information, and their practices are governed solely by their own policies.

Banger does not supervise or control these Third-Party Services and makes no promises about what they contain, how reliable they are, whether they remain available, or whether their practices comply with legal or ethical standards. If you choose to interact with them, you do so entirely at your own discretion and assume full responsibility for any outcomes, including costs or obligations that may arise. Third-Party Services and any related links are provided solely for your convenience, and your decision to access or use them is entirely at your own discretion and risk. The inclusion of such services within Banger does not imply sponsorship, recommendation, or approval. Banger shall not be liable, directly or indirectly, for any damage, loss, or claims resulting from or alleged to result from your use of, reliance on, or dealings with any Third-Party Services. Banger disclaims all responsibility for any dealings you may have with third parties.

13. PRIVACY

At Banger, we are committed to protecting the privacy of our users. For details on how we collect, use, and disclose personal data, please refer to our Privacy Policy, available at https://https://www.42dijital.com/privacy # ]# (the “Privacy Policy”). By using the Banger Service, you acknowledge and consent to the processing of your personal information and other data in accordance with the Privacy Policy. Banger may update its Privacy Policy from time to time, and continued use constitutes acceptance of such updates.

In addition, you expressly permit Banger and its authorized service providers to generate and analyze aggregated statistical information and usage metrics based on your interaction with the Banger Service (“Usage Data”). Such Usage Data may be collected, processed, and applied for operational, analytical, or commercial purposes, provided that it is handled in compliance with applicable law and the Privacy Policy.

14. COOKIES

Banger uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our app but they are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We do not knowingly place personally identifiable information in Cookies.

15. HOW DO WE PROCESS THE PHOTOS SUBMITTED BY OUR USERS?

Banger never uses your photos other than for the purpose of providing you with an ML filter output. We do not process or store any facial, physical or distinctive features of user inputs. Photos are temporarily stored on device or on the third party API provider, filters are applied and photos are deleted after processing and are not retained beyond the period necessary to provide the Service, except as otherwise required by law. With regard to the Magic Avatar feature, we temporarily store user data just for online processing function and submitted photos shall be automatically deleted forever after the AI results are generated. Banger may retain AI-generated avatars for limited business purposes (such as marketing or analytics), provided that such use does not involve any personally identifiable information or user likeness without your explicit consent.

16. INTELLECTUAL PROPERTY

The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Banger, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, scraped, licensed or distributed in any way, in whole or in part, without the express prior written permission of Banger, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is strictly prohibited. The name Banger and the associated logos are trademarks of Banger. Other names, logos, products, and services displayed or referenced within the Banger Service shall not be construed as granting you, by implication, estoppel, or any other legal theory, any license, permission, or right to use the Banger Trademarks without Banger’s prior written authorization in each instance. Any goodwill arising from your use of the Banger Trademarks shall vest exclusively in, and for the sole benefit of, Banger. Banger is not responsible or liable for any Prompts or Outputs that incorporate or relate to third-party materials, including where such use may infringe intellectual property or other rights, to the fullest extent permitted by law.. Although the Service employs filters and safeguards designed to prevent unlawful or infringing content, Banger cannot assure that they will be free from such risks. Banger reserves the right, at its discretion, to block, remove, or otherwise restrict access to any Prompt or Output that breaches these Terms & Conditions, contravenes applicable law, or is otherwise deemed inappropriate. In particular, if you are found to have engaged in repeated or recurring violations, Banger may, at its sole discretion, suspend, limit, or permanently terminate your access to the Service. You remain solely responsible for assessing and accepting all risks tied to your Prompts and Outputs, including any reliance on their legality, accuracy, or suitability. You also confirm and guarantee that all Prompts you provide are lawful, non-infringing, and that you have obtained all necessary rights or permissions to use them.

The Outputs generated by the Banger Service belong to you subject to applicable law. By using the Service, you grant Banger a limited, non-exclusive, royalty-free, worldwide license to use Outputs solely for marketing, promotional, and demonstration purposes, provided that such Outputs do not contain your personal data, likeness, or other identifiable information unless you have given explicit consent. However, by using the Service, you grant Banger a restricted, non-exclusive, royalty-free, worldwide license to use the Outputs exclusively for marketing, promotional, and demonstration purposes. You further acknowledge that Outputs are the result of artificial intelligence models trained on diverse data sets. While Banger seeks to ensure lawful and original creation, it does not guarantee that Outputs will be entirely free from potential infringement or legal claims. It is your sole responsibility to review and vet Outputs before any use, publication, reproduction, distribution, or commercialization, and you assume all liability for claims, damages, or losses resulting from such use. You further acknowledge that given the operational characteristics of artificial intelligence and machine learning systems, you acknowledge that Outputs generated through the Banger Service may not be entirely distinct or exclusive to you. In certain circumstances, particularly where users submit comparable or overlapping Prompts, the Service may produce Outputs that are identical or substantially similar across different users. In such cases, no user shall obtain exclusive rights or claims over those recurring or replicated elements. Any Output produced in response to another user’s Prompts shall be treated as that user’s Output, and shall not be considered part of your content. For clarity, the appearance of similar or identical Outputs for multiple users does not expand your rights, nor does it impose on Banger any duty to ensure that Outputs are unique to each individual user.

17. COPYRIGHT INFRINGEMENT NOTICE

If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

18. LICENSE

Banger grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this Agreement.

19. INDEMNIFICATION

You agree to indemnify and hold Banger and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees and costs, due to or arising out of your: (a) use of the app; (b) use of any Output; (c) violation of this Agreement or any law or regulation; or (d) violation of any right of a third party. Banger retains the sole right to take over the defense and handling of any claim for which you are obligated to indemnify us, and you agree to fully cooperate with our reasonable efforts in such defense. You are not permitted to resolve, settle, or compromise any claim involving Banger without obtaining our prior written approval.

20. NO WARRANTIES

The app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Banger, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Banger provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Banger nor any of Banger's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of Banger are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components. Furthermore, Banger does not warrant or guarantee that any Outputs generated through the Banger Service will be free from claims of infringement, misappropriation, or violation of third-party intellectual property or other rights, and you assume full responsibility for any use of such Outputs. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

21. LIMITATION OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of Banger or any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app. To the maximum extent permitted by applicable law, in no event shall Banger or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement, for the cost of procuring substitute goods or services, for unauthorized access to or alteration of data or transmissions, for reliance on information obtained through the app, or for statements or conduct of third parties), even if Banger or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you find any aspect of the app or these Terms unacceptable, your only recourse will be to cease all use of the app.

22. SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Banger on the Services, shall constitute the entire agreement between you and Banger concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Banger's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Banger AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

23. WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. No failure or delay by either party in exercising any right or power under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

24. ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between you and Banger regarding your use of the app and supersedes all prior or contemporaneous written or oral agreements between you and Banger relating to the same subject matter. You may be subject to additional terms and conditions that apply when you use or purchase other Banger's services, which Banger will provide to you at the time of such use or purchase.

25. AGREEMENT TO ARBITRATE

This section applies to any dispute EXCEPT THAT IT DOES NOT INCLUDE ANY DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Banger's INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Banger concerning the Services, any Outputs, or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. Notwithstanding the foregoing, if and to the extent permitted by applicable law, either party may pursue an individual claim in a small claims court of competent jurisdiction. Nothing in this Agreement to Arbitrate prevents either party from raising concerns with governmental or regulatory authorities, or from seeking relief that such authorities may lawfully provide.

26. NOTICE OF DISPUTE

In the event of a dispute, you or Banger must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to support@42dijital.com Banger will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Banger will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is received. After sixty (60) days, you or Banger may commence arbitration. Notices may also be sent to any updated contact information that Banger subsequently provides for dispute notices. Any settlement offers exchanged during the negotiation period shall not be disclosed to the arbitrator until after a final award has been issued.

27. BINDING ARBITRATION

If you and Banger don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Claims must be brought on an individual basis only; the arbitrator shall have no authority to consolidate proceedings or to preside over any class, representative, or collective action. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted by a single, neutral arbitrator under the applicable American Arbitration Association rules, in English. Unless the parties agree otherwise, the seat and venue of arbitration shall be İstanbul, and any hearings shall occur there or by remote means as permitted by the rules. For claims not exceeding USD 10,000 (or the statutory small-claims threshold, if higher), the claimant may elect a documents-only procedure or a telephonic/remote hearing, where permitted by the applicable rules. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party. If any portion of this Arbitration clause, other than the prohibition on class or representative actions, is found unenforceable, the remaining parts shall still apply. However, if the prohibition on class or representative actions is deemed unenforceable, then the entirety of this Arbitration clause shall be null and void. The parties shall keep confidential the existence of the arbitration, all materials submitted, and any orders, rulings, or awards, except to the extent disclosure is required by law or to enforce an award. Arbitration filing, administration, and arbitrator fees shall be allocated as provided by the applicable arbitration rules. Each party shall bear its own attorneys’ fees unless a statute entitles the prevailing party to a fee award or the arbitrator determines that a fee-shift is warranted under applicable law.

28. PROMOTIONS

Banger may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading read all Promotion rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Banger Services, which terms and conditions are made a part of this Agreement by this reference.

29. TYPOGRAPHICAL ERRORS

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

30. MISCELLANEOUS

You acknowledge and consent that Banger may retain and, where necessary, disclose Prompts, Outputs, or other Content if such action is (i) legally mandated, (ii) reasonably required to comply with regulatory or governmental requests, (iii) deemed necessary to enforce these Terms & Conditions, (iv) undertaken in response to allegations of infringement or violation of third-party rights, or (v) considered appropriate to safeguard the property, rights, or safety of Banger, its community of users, or the public at large. You further understand that the operation and delivery of the Banger Service may necessarily involve (a) the transfer of data across multiple communication networks, and (b) modifications made in the course of technical processing so that transmissions are compatible with the standards, protocols, or devices through which the Banger Service is accessed. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Banger. Banger will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Banger operates and controls the Banger Service from its offices in TR. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Banger Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Banger Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Banger concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

31. TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or Banger. Banger may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Banger, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer. Termination of this Agreement will not limit any of Banger's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

32. DISCLAIMER

Banger is not responsible for any content, code or any other imprecision. Banger does not provide warranties or guarantees. In no event shall Banger be liable for any special, direct, indirect, consequential, or incidental damages or any damage whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. The Banger Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Banger is a distributor and not a publisher of the content supplied by third parties; as such, Banger exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Banger Service. Without limiting the foregoing,

Banger specifically disclaims all warranties and representations in any content transmitted on or in connection with the Banger Service or on sites that may appear as links on the Banger Service, or in the products provided as a part of, or otherwise in connection with, the Banger Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Banger or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Banger does not warrant that the Banger Service will be uninterrupted, uncorrupted, timely, or error-free.

Contact Us

Don't hesitate to contact us if you have any questions. Via Email: support@42dijital.com