BANILA CO Pink House

Pink House · Legal

Pink House Terms of Service

Effective Date: September 14, 2026 Last Updated: September 14, 2026

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") govern your access to and use of the BANILA CO:PINK HOUSE mobile/web application (the "App"), which is operated and administered by F&CO Co., Ltd., a company organized under the laws of the Republic of Korea ("Banila Co," "we," "us," or "our"). These Terms govern the App only; they do not govern purchases or other retail transactions made through www.banilausa.com (the "Site") or participation in our Affiliate Program, each of which is governed by separate terms. F&CO USA, Ltd. ("F&CO USA") is the contracting party and merchant of record for retail purchases made through the Site, even though Banila Co operates and administers the Site; F&CO USA is not a party to these Terms. By creating an App account or otherwise using the App, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the App.

2. DESCRIPTION OF SERVICE

The App is a companion loyalty, rewards, and creator/affiliate platform operated by Banila Co. Through the App, eligible users may earn loyalty points ("Coins"), complete missions and earn badges, raise a virtual companion, redeem rewards, and, where applicable, participate in Affiliate or Creator Challenges. Features available to you may vary depending on your account tier (FAN, PRO, ELITE, or AFFILIATE) as described in Section 6.

3. ELIGIBILITY

  • You must be at least 18 years of age to create an App account, connect a third-party account, or participate in a Challenge.
  • You must reside in a country or region where the App, or the specific feature (e.g., Affiliate/Creator Challenges), is made available.
  • You must provide accurate, current, and complete information when creating an account and keep such information up to date.
  • You may not create more than one App account, and may not use the App on behalf of, or to benefit, an ineligible person.
  • The App is available for download only through United States app stores. The App is not available for download or use outside the United States.
  • The App is intended solely for individuals who are 18 years of age or older. Minors (individuals under the age of 18) may not use the App, create an App account, or connect a third-party account under any circumstances.

4. ACCOUNT REGISTRATION & THIRD-PARTY ACCOUNT CONNECTIONS

To use certain App features, you must register for an App account and, where applicable, connect one or more of the following third-party accounts:

  • Your Shopify customer account on banilausa.com, to verify purchases and calculate Coins and rewards;
  • Your TikTok account (via TikTok Login Kit and the TikTok Display API), to verify that you are the owner of a video you submit and to determine your Creator/Affiliate tier eligibility. We do not connect to the TikTok Shop Partner API and do not collect TikTok Shop order, sales, or commission data; and/or
  • Your Instagram account, to verify Creator eligibility and to review the content you submit for a Challenge; and/or
  • Your Discord account, to identify you as a user and to automatically add you to the official BANILA CO:PINK HOUSE Discord server.

By connecting a third-party account, you represent and warrant that you own or are otherwise authorized to control that account, and you authorize Banila Co to access and use the information made available through that platform's official connection process, in accordance with our Privacy Policy and that platform's own terms. Your use of each connected platform remains subject to that platform's own terms of service, and Banila Co is not responsible for the availability, performance, or policies of any third-party platform.

You may also sign in to the App using Sign in with Apple or Sign in with Google. These are authentication methods only, not third-party account connections: we receive only your email address (and, for Google, your display name) to create and secure your account, and we do not otherwise access your Apple or Google account. For a detailed description of the information we collect through each connected account, please see our Privacy Policy.

You may disconnect a linked account at any time in App Settings. Disconnecting a linked account may disable features that depend on it (for example, points calculation or Challenge tracking) and may result in the forfeiture of points, badges, or rewards that are tied to that connection and cannot be verified without it.

You are responsible for maintaining the confidentiality of your App account credentials and for all activity that occurs under your account. Notify us promptly at hello@banilausa.com if you suspect unauthorized use of your account.

5. LOYALTY PROGRAM: COINS, BADGES, MISSIONS & VIRTUAL COMPANION

  • "Coins" are a virtual, in-App loyalty currency with no cash value. Coins are not property, cannot be sold, transferred, or exchanged for cash, and may be redeemed only for rewards made available within the App or the Site.
  • Coins may be earned through verified purchases, App attendance, missions, reviews, social sharing, and other activities designated by Banila Co from time to time.
  • Badges, missions, and the virtual "fairy" companion feature are gamification features for entertainment purposes and do not, by themselves, have any cash or redeemable value except where expressly tied to a reward under the then-current reward ladder.
  • Banila Co may modify, limit, or discontinue the Coins program, badge system, mission list, reward ladder, or virtual companion feature at any time, with or without notice, and may adjust point balances to correct errors or address fraud.

Ranking Program. PINK HOUSE operates an in-App Ranking Program (the "Ranking Program") that ranks members by the total Coins (referred to in the App as "Pink Coins") they earn within each calendar month, including Coins earned through verified purchases, daily App attendance, product reviews, social media sharing missions, and completed in-App missions or Challenges. Rankings are recalculated on an ongoing basis during the month and reset to zero at the start of the next calendar month; Coins redeemed or spent during the month do not reduce a member's ranking total.

If two or more members are tied at month-end, the member who first reached that total during the month is ranked higher, followed by whichever member registered their App account earlier. Members who finish within the reward-eligible ranks receive Coins and/or product coupons; the Ranking Program does not offer cash rewards. Banila Co may modify, suspend, or discontinue the Ranking Program, including its eligibility, ranking period, tie-break rules, or reward criteria, at any time.

  • Coins and in-App progress are non-transferable between accounts and are forfeited if your App account is closed, terminated, or found to be in violation of these Terms.

6. ACCOUNT TIERS (FAN / PRO / ELITE / AFFILIATE)

App accounts are organized into tiers — FAN, PRO, ELITE, and AFFILIATE — each with different benefits, Coin-earning rates, and challenge eligibility, as described in the App. Banila Co determines tier assignment, upgrade criteria, and tier benefits at its sole discretion and may change these at any time. Tier status is not a guarantee of any specific benefit and may be revoked for violation of these Terms.

The AFFILIATE tier designates users who participate in commission-based affiliate or creator programs operated by third-party platforms (e.g., TikTok, Amazon). Banila Co does not administer or pay any cash commission through the App, and AFFILIATE tier users do not engage in revenue-generating activity within the App itself; any in-App rewards available to AFFILIATE tier users are limited to Coins and product coupons as described in Section 7.

7. REWARDS & REDEMPTION

  • Rewards (including free-product coupons and Shopify discount codes) are made available on a limited basis and are subject to product availability while supplies last.
  • Reward coupons are issued to your connected Shopify account and are subject to the redemption window, minimum order requirements, and other conditions stated at the time the reward is offered.
  • Rewards are non-transferable, may not be resold, and have no cash value unless expressly stated otherwise.
  • Banila Co may withhold or revoke a reward where it identifies fraud, abuse, duplicate accounts, or a violation of these Terms.

8. AFFILIATE & CREATOR CHALLENGES

PRO, ELITE, and AFFILIATE tier users may be eligible to participate in time-limited, App- or Site-based activities in which eligible users compete or participate for rewards based on sales performance, content creation, engagement, or other criteria designated by Banila Co (each, a "Challenge"), as described in the App or on the Site. Challenge rewards are currently issued as product coupons and/or Coins, not as cash commissions or cash prizes. Challenge-specific rules (eligibility, judging criteria, reward structure, and deadlines) are posted within the App (Challenge section) and/or at banilausa.com/program-rules at the time each Challenge is announced and are incorporated into these Terms by reference.

  • Only public and active social media accounts are eligible for Challenge participation, unless stated otherwise.
  • Submitting multiple entries, using fake or purchased engagement, or otherwise manipulating Challenge metrics may result in disqualification and forfeiture of any associated reward.
  • Due to shipping and regional restrictions, product-seeding and prize-fulfillment eligibility may vary by region.

9. USER CONTENT LICENSE

By submitting content to the App (including Challenge entries, reviews, photos, and videos) ("User Content"), you grant Banila Co a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, and display such User Content for advertising, marketing, promotional, and other commercial purposes across any media now known or later developed, subject to any separate agreement governing a specific Challenge or campaign. You further grant Banila Co the right to use your name, image, likeness, and voice as they appear in such User Content for the purposes described above. You represent that you own or have the necessary rights to grant this license and that your User Content does not infringe any third party's rights.

10. PROHIBITED CONDUCT

  • Creating multiple or fraudulent App accounts, or connecting third-party accounts you do not own or control;
  • Using bots, scripts, or other automated means to earn Coins, complete missions, or influence Challenge results;
  • Purchasing followers, views, likes, or engagement, or otherwise artificially inflating social media or TikTok metrics;
  • Reselling, transferring, or attempting to monetize Coins, badges, or rewards outside the App;
  • Circumventing, disabling, or otherwise interfering with security-related features of the App; and
  • Violating any applicable law or the terms of service of a connected third-party platform (Shopify, TikTok, Instagram/Meta, or Discord).

11. INTELLECTUAL PROPERTY

The App and all related content, trademarks, logos, and materials (excluding User Content) are owned by Banila Co or its licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works from any part of the App.

12. DISCLAIMERS & LIMITATION OF LIABILITY

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BANILA CO DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY THIRD-PARTY PLATFORM CONNECTION (SHOPIFY, TIKTOK SHOP, OR INSTAGRAM) WILL REMAIN AVAILABLE OR FUNCTION WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY LAW, BANILA CO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF COINS, BADGES, REWARDS, OR CHALLENGE WINNINGS ARISING FROM SERVICE INTERRUPTIONS, ACCOUNT SUSPENSION, OR THIRD-PARTY PLATFORM CHANGES.

TO THE EXTENT ANY LIABILITY IS NOT EXCLUDED UNDER THE FOREGOING, BANILA CO'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BANILA CO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

NOTHING IN THESE TERMS LIMITS OR EXCLUDES BANILA CO'S LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

13. TERMINATION

Banila Co may suspend or terminate your App account or tier status at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraud or abuse, or if a connected third-party account is suspended, banned, or closed by that platform. Upon termination, any unredeemed Coins, badges, or pending rewards may be forfeited.

14. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except where applicable consumer protection law requires otherwise.

14.1 Informal Resolution & Arbitration. Before filing a claim against Banila Co, you agree to first contact us at hello@banilausa.com and negotiate in good faith for at least sixty (60) days. If the dispute remains unresolved, you and Banila Co agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by [the American Arbitration Association (“AAA”) / JAMS] under its Consumer Arbitration Rules then in effect, governed by the Federal Arbitration Act — except that either party may bring an individual claim in small claims court, and Banila Co may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent misuse of the App, infringement of its intellectual property rights, or unauthorized access to its systems.

14.2 Right to Opt Out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing hello@banilausa.com with the subject line “Arbitration Opt-Out.” If you opt out, any dispute will instead be brought exclusively in the state or federal courts located in New York, New York, and you and Banila Co each waive any right to a jury trial in any such proceeding.

14.3 Class Action Waiver & Mass Arbitration. Any arbitration or court proceeding under this Section will be conducted only on an individual basis, not as a class, consolidated, or representative action; if this waiver is found unenforceable as to a particular claim, that claim must proceed in court instead of arbitration. If 25 or more similar arbitration demands are filed against Banila Co by or with the assistance of the same law firm, organization, or coordinated counsel within a short period of time, the arbitration provider's mass arbitration or batch procedures then in effect (for example, the AAA Mass Arbitration Supplementary Rules or the JAMS Mass Arbitration Procedures and Guidelines, as applicable) will apply.

15. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our practices, the App's features, or for legal or regulatory reasons. Material changes will be notified through the App. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

16. MISCELLANEOUS

Entire Agreement. These Terms, together with our Privacy Policy and any Challenge-specific rules incorporated by reference, constitute the entire agreement between you and Banila Co regarding the App and supersede any prior agreements on that subject.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Assignment. You may not assign or transfer these Terms without our prior written consent. Banila Co may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

No Waiver. Banila Co's failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Force Majeure. Banila Co is not liable for any failure or delay in performance resulting from events beyond our reasonable control, including natural disasters, acts of government, labor disputes, or failures of third-party platforms or service providers.

Electronic Communications. You consent to receive communications, notices, and disclosures from us electronically, including through the App or email, and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

Relationship of the Parties. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between you and Banila Co. Your participation in the Affiliate Program or any Challenge does not make you an employee of Banila Co.

17. CONTACT US

Questions about these Terms or the App can be directed to hello@banilausa.com or by mail to Banila Co at: 8, Teheran-ro 8-gil, Gangnam-gu, Seoul, Republic of Korea 06233.

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