Legal

Terms & Privacy

Last updated: March 27, 2026

Terms of Service

These Terms of Service ("Terms") govern your access to and use of McPherson Enterprises, LLC d.b.a. Banana Thumbs ("the Service," "we," "our," or "us"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility & Access

McPherson Enterprises, LLC d.b.a. Banana Thumbs is a private, invite-only application. Access requires a valid invitation or signup password issued by us. You must be at least 18 years old and capable of forming a binding contract to use the Service.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at pete@petemcpherson.com if you suspect unauthorized access.

We reserve the right to revoke access at any time, with or without cause, at our sole discretion.

2. Your Content & Ownership

You own everything you create on McPherson Enterprises, LLC d.b.a. Banana Thumbs. This includes all images you upload as reference photos, all thumbnails generated using the Service, and any other content you submit. We do not claim any intellectual property rights over your content.

You grant McPherson Enterprises, LLC d.b.a. Banana Thumbs a limited, non-exclusive license solely to store, process, and transmit your content for the purpose of operating and providing the Service to you. This license does not extend to selling, licensing, or distributing your content to any third party.

You are solely responsible for ensuring you have the right to upload any photos or other materials you submit to the Service, including photos of other people. Do not upload content you do not have rights to use.

AI-generated images may include a SynthID watermark embedded by Google at the infrastructure level. This is outside our control and does not affect your ownership of the output.

3. Acceptable Use

You agree not to use the Service to:

  • × Generate content that is illegal, harmful, defamatory, obscene, or otherwise objectionable.
  • × Upload photos of individuals without their consent.
  • × Attempt to reverse-engineer, circumvent, or exploit the Service's systems, API, or AI models.
  • × Use the Service in any way that violates applicable laws or regulations.
  • × Generate content designed to deceive, manipulate, or defraud others.
  • × Attempt to gain unauthorized access to other users' accounts or data.
  • × Use automated tools to scrape, bulk-generate, or abuse the Service beyond its intended use.

We reserve the right to immediately suspend or terminate accounts that violate these conditions.

4. Service Availability

We aim to keep McPherson Enterprises, LLC d.b.a. Banana Thumbs available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service depends on third-party infrastructure including Google Firebase and Google's AI services, which are outside our direct control.

We may modify, suspend, or discontinue the Service or any feature at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Scheduled maintenance, outages, or changes to third-party AI model availability may temporarily limit what the Service can do. We will communicate significant planned disruptions where reasonably possible.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the AI-generated outputs will meet your specific creative requirements, that the Service will be free of errors or interruptions, or that any defects will be corrected. AI image generation is inherently non-deterministic — results may vary.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MCPHERSON ENTERPRISES, LLC D.B.A. BANANA THUMBS AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

7. Termination

You may terminate your account at any time through the Settings page using the "Delete account and all data" action. Upon deletion, all of your data — including reference photos, generated images, and account information — is permanently removed from our systems.

We may terminate or suspend your account for violations of these Terms, or for any other reason at our discretion. Upon termination, your right to use the Service ceases immediately.

Sections covering intellectual property, disclaimers, limitation of liability, and governing law survive termination.

8. 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 at the top of this page and, where appropriate, notify you via email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of competent jurisdiction located in the United States.

End of Terms of Service

Privacy Policy

This Privacy Policy explains what data McPherson Enterprises, LLC d.b.a. Banana Thumbs collects, how we use it, and how we protect it. We take your privacy seriously. We do not sell or share your personal data with any third parties for marketing, analytics, or advertising purposes.

10. Data We Collect

We collect the following categories of data when you use McPherson Enterprises, LLC d.b.a. Banana Thumbs:

Account Information

Your email address, display name, and authentication identifiers (Firebase UID). Collected when you sign up via Google OAuth or email magic link.

Reference Photos

Photos you voluntarily upload to use as reference material for AI thumbnail generation. Stored securely in Firebase Storage under your user account.

Generated Images

Thumbnails and other images produced by the AI generation feature. Stored in Firebase Storage under your user account.

Generation Prompts & Settings

Text prompts, style preferences, brand colors, and other inputs you provide when generating thumbnails. Stored in Firestore under your user account.

Usage Data

Server-side logs capturing request metadata (request ID, session ID, timestamps, API response codes). Used solely for reliability monitoring and debugging. Logs are captured by Vercel and are not linked to third-party analytics.

We do not collect payment card information directly. Subscription billing is processed by Stripe. We do not use cookies beyond what is necessary for authentication (session cookie) and the signup gate.

11. How We Use Your Data

We use your data exclusively to provide and maintain the Service:

  • To authenticate you and maintain your session.
  • To store and retrieve your reference photos, generated images, and settings.
  • To send your reference photos and prompts to Google's AI API for image generation (see Third-Party Services below).
  • To monitor Service reliability, diagnose errors, and improve performance.
  • To send transactional emails such as magic-link login emails and billing receipts (via Stripe).

We do not sell your data. We do not share your data with advertisers, data brokers, or any marketing platforms. We do not use your content to train our own models.

12. Third-Party Services

McPherson Enterprises, LLC d.b.a. Banana Thumbs is built on third-party infrastructure. Some of your data is transmitted to these providers as a necessary part of operating the Service. We do not send your data to any third parties beyond those listed here.

Google Firebase

Authentication, database (Firestore), and file storage (Firebase Storage). All user account data, settings, reference photos, and generated images are stored here.

Firebase Privacy →

Google AI Studio (Gemini API)

AI image generation. Your text prompts, selected reference photos, and generation settings are sent to Google's Gemini API to produce thumbnail images. Google may process this data according to their API Terms of Service. We use a paid Gemini API tier which provides stronger data handling guarantees than the free tier.

Gemini API Terms →

Vercel

Hosting and serverless compute. Server-side request logs are captured by Vercel's logging infrastructure.

Vercel Privacy →

Stripe

Subscription billing and payment processing. Your payment card details are handled entirely by Stripe and never touch our servers. We receive only billing status and subscription information.

Stripe Privacy →

13. Data Retention & Deletion

We retain your data for as long as your account is active. You can delete individual items at any time:

  • Reference photos — delete individually from Settings › My Photos.
  • Generation sessions and their images — delete from History.
  • Your entire account and all associated data — use the 'Delete account and all data' action in Settings.

Account deletion removes your Firebase Auth user, all Firestore documents under your account, and all files in Firebase Storage under your account. This action is permanent and irreversible. Re-authentication is required before deletion.

Server logs may retain request metadata (without image content) for up to 30 days as part of Vercel's standard log retention.

14. Security

We take reasonable technical measures to protect your data, including:

  • HTTP-only, Secure, SameSite=Strict session cookies with 30-day expiry.
  • All API keys and secrets stored server-side only — never exposed to the browser.
  • Firestore and Firebase Storage security rules enforcing strict per-user data isolation.
  • Image data processed server-side; raw AI-generated bytes never forwarded to the browser.
  • HTTPS enforced on all connections via Vercel.

No security system is perfect. If you discover a vulnerability, please disclose it responsibly by contacting us at pete@petemcpherson.com.

15. Children's Privacy

McPherson Enterprises, LLC d.b.a. Banana Thumbs is not directed at children under the age of 18. We do not knowingly collect personal information from anyone under 18. If you believe a minor has created an account, please contact us immediately at pete@petemcpherson.com and we will remove the account.

16. Changes to This Policy

We may update this Privacy Policy from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you by email. Continued use of the Service after changes take effect constitutes acceptance of the revised policy.

17. Contact Us

If you have questions about these Terms or this Privacy Policy, or if you want to exercise any rights over your data, contact us at:

McPherson Enterprises, LLC d.b.a. Banana Thumbs

P.O. Box 266, McBain, MI, 49657

pete@petemcpherson.com

Support: pete@petemcpherson.com

End of Legal Documents — Last updated March 27, 2026

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