Terms of Use

General Terms and Conditions (GTC)
of Mamendo GmbH – Profile Bakery
As of: September 2025

  1. Scope

These General Terms and Conditions (GTC) apply to all contracts between Mamendo GmbH, trading under the brand name “Profile Bakery,” and its customers for the creation of AI-generated portrait images based on photos provided by the customer (e.g., selfies, portraits).

2. Description of services

  1. Profile Bakery offers digital image processing services using artificial intelligence (AI) to generate personalized portrait images.
  2. Customers provide their own image files, which are used as the basis for creating AI-generated images.
  3. The finished images are made available to customers exclusively in digital form via the platform or mobile applications

3. Conclusion of contract

The contract is concluded as soon as the customer completes the order process and payment has been successfully made.

4. Obligations of the customer

  1. Only images for which the customer has all the necessary rights of use or has obtained the express consent of the persons depicted may be uploaded.
  2. The content may not infringe the rights of third parties (e.g., copyright, trademark, personality, or data protection rights).
  3. Profile Bakery reserves the right to reject uploaded content that violates applicable law or public decency.

5. Rights of use

  1. Customers receive a simple, temporally and spatially unlimited right of use for the generated images for private and commercial purposes.
  2. Profile Bakery receives a simple, non-exclusive right of use to the uploaded content and the generated images, limited to technical processing, storage, and contract fulfillment.
  3. The rights to the original images remain unrestricted with the customers.

6. Prices and payment terms

  1. The prices shown on the platform at the time of ordering apply.
  2. Payment must be made in advance using the payment methods offered (e.g., credit card, PayPal, Stripe).
  3. All prices include statutory value added tax, if applicable.

7. Delivery and availability

  1. The generated images are provided exclusively in digital form via the platform or app.
  2. The regular processing time is a few hours; if the source images are incomplete or unsuitable, processing may take up to 3 business days.
  3. There is no entitlement to a specific number or specific quality of generated images, as these depend heavily on the uploaded source material and the AI model.

8. Right of withdrawal

As this is a personalized digital service, there is no right of withdrawal in accordance with Section 356 (5) of the German Civil Code (BGB) once the service has begun to be performed.

9. Liability

  1. Profile Bakery is only liable for intent and gross negligence.
  2. Profile Bakery is only liable for simple negligence in the event of a breach of essential contractual obligations (cardinal obligations) and limited to typically foreseeable damage.
  3. Liability for damages resulting from the unlawful use of the generated or uploaded images by the customer or by third parties is excluded.
  4. Profile Bakery accepts no liability for disruptions to the technical infrastructure that are beyond its control (e.g., Internet connection, third-party server failures).

10. Data protection

  1. Customers’ personal data will be processed exclusively in accordance with the privacy policy and applicable data protection regulations.
  2. Data transmission is encrypted.
  3. Upon request, customers may request the deletion of their personal data at any time, provided that there are no legal retention obligations to the contrary.

11. Changes to the Terms and Conditions

  1. Profile Bakery reserves the right to change these Terms and Conditions with future effect.
  2. Significant changes will be communicated to customers by email or via the platform.
  3. If the customer does not object to the changes within 14 days of notification, the changes shall be deemed accepted. This right of objection will be pointed out again in the notification

12. Applicable law and place of jurisdiction

  1. The law of the Swiss Confederation applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection regulations dictate otherwise.
  2. The place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Zurich, to the extent permitted by law.

13. Severability clause

Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the legally permissible provision that comes closest to the economic purpose of the invalid provision shall be deemed to have been agreed. The same applies in the event of a loophole.