Effective Date: 01.04.2023
Greetings and welcome to Profile Bakery (Mamendo Ltd) (“Company”, “we”, “us” or “our”), a mobile technology company focused on developing products related to deep learning.
Using ProfileBakery implies your acceptance of these Terms. If you do not agree to these Terms, which include the mandatory arbitration provision and class action waiver stated in Section 15 (Dispute Resolution; Binding Arbitration), refrain from using ProfileBakery. Your ongoing use of ProfileBakery serves as confirmation of your acceptance of these Terms.
These Terms represent a binding agreement between you and us. By using ProfileBakery, you accept and agree to these Terms either on your behalf or on behalf of the entity you represent. If you use ProfileBakery for someone else or an organization, you acknowledge that you have the necessary authorization to accept these Terms on their behalf. Furthermore, you confirm that such a person or entity will assume responsibility towards us if you or they violate these Terms while using ProfileBakery.
BY USING THE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS AND CONFIRM THAT YOU ARE AT LEAST 18/21 YEARS OLD (AS APPLICABLE IN YOUR JURISDICTION).
If you have any questions about these Terms or ProfileBakery, please contact us via an email email@example.com
NOTE: ProfileBakery provides users with the ability to generate personalized avatar images (“Avatars”) using its Neural Network Model Stable Diffusion. To ensure that users understand how the technology works, we refer to their API description that provides detailed explanations.
Here is a comprehensive summary of how it works:
• To create personalized avatars, users upload between 10 to 20 photos and select their gender. A copy of the Stable Diffusion model is then retrained using the uploaded data. This enables the model to generate unique avatars that reflect the individual characteristics of the user.
• Once the avatars have been generated, the uploaded photos are permanently deleted from our servers. However, we retain the fine-tuned model to support future features and functionalities for users.
1. Description of Service
Please be aware that we may make changes, expansions, and improvements to the application without prior notice to you. We also reserve the right to cease operating part or all of the application or selectively disable certain features of the application at any time. Your use of ProfileBakery does not guarantee continued provision or availability of the application. We retain sole discretion in modifying or eliminating ProfileBakery or any particular features of the application.
Age limitation for the use of ProfileBakery.
To utilize the service of ProfileBakery (generate Avatars and any other feature and funcitonality we might or might not add in future), you must have attained the age of majority as required by applicable laws. In the event that you become aware of anyone below the age of majority using the feature, kindly notify us immediately by contacting us at firstname.lastname@example.org.
By accepting these Terms, you represent and warrant that you possess the legal capacity to enter into this agreement, and that your acceptance will not violate any other agreement to which you are a party. You further represent and warrant that you have not been previously suspended or removed from Using ProfileBakery, and that you will comply with all applicable laws while using the application. ProfileBakery is not available to any Users who have previously been prohibited from Using it. All information provided to us must be accurate and truthful.
3. User accounts and account security
In order to access certain features or functionalities of ProfileBakery, it may be necessary to create an account with us (
), which is subject to the terms and conditions of this agreement. By creating an Account, you agree to provide accurate, current, and complete information, and to maintain and promptly update such information as necessary. You are responsible for maintaining the confidentiality, security and control of your Account login information, and for all activities that occur in your Account. You agree to be responsible for any unauthorized use of your Account or any other breach of security. You must notify us immediately if you discover or otherwise suspect any security breaches related to your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
If you choose to register using a Third-Party Account, you authorize ProfileBakery to access your Third-Party Account information as permitted under the applicable terms and conditions governing such account. You acknowledge that your relationship with the Third-Party Service Providers associated with your Third-Party Accounts is governed solely by your agreement with such Third-Party Service Providers.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We reserve the right to refuse registration of, or cancel, accounts we deem inappropriate or unacceptable, or otherwise in violation of this agreement, and we may delete your Account and any related content at any time and for any reason, without notice. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
5. User constent
ProfileBakery allows you to upload your personal photos and create unique Avatars. It is important to note that both the original content and AI-generated content that you have purchased (only the purchased ones) are owned by you, and we do not claim any ownership over your content. Generally, for any AI-generated content, including both purchased and unpurchased ones, we require your permission to use it. This permission is necessary for us to process the content (e.g. for research), enable our AI to generate Avatars for you, and display the content in our example library on your device. However, you have the authority to withdraw this permission by deleting any of your generated images or deleting your account and its data. Furthermore, the permission that pertains to your uploaded photos is automatically terminated when your Avatars are generated by our AI.
ProfileBakery provides you with the functionality to upload, create, store, and share User Content
), which includes photos and AI-generated content created by Using the application. We claim ownership over the AI-generated content created by Using ProfileBakery, which is transferred to you upon purchase.
In order to ensure the seamless functionality of ProfileBakery, we require a permit (called a
) to use your User Content uploaded to, downloaded from, and stored within the application. The Company License is limited to our usage of your User Content for the purposes of operating or improving ProfileBakery and sharing with third parties involved in the operation or improvement of ProfileBakery. We do not sell your User Content to any third parties.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.
By uploading content to ProfileBakery, you represent and warrant that you have the necessary ownership or license rights for such content, and you agree to pay any fees or royalties owed for such content. If your uploaded content depicts other individuals, you must have obtained their consent before uploading it to ProfileBakery. Additionally, you must have the legal capacity to enter into these terms in your jurisdiction.
You are not permitted to upload content that violates these terms or to which you do not have the necessary rights. Any unauthorized use of third-party content that you commit, whether intentional or not, will result in your indemnification of ProfileBakery.
6. Prohibited conduct and content
Use of Avatars:
• ProfileBakery gives you the ability to use AI as a tool to create Avatars, the same way as you would use any other image creation tools or applications.
• We hold all of the rights to the Avatars you generate through our AI. By buying them, you purchase the right of ownership.
• With the right of ownership, you are the one to decide how to use the generated Avatars further. Please, therefore, read this Section 6 restrictions carefully.
• Your responsibility includes making sure that your use of the Avatars you have created does not violate any laws, including those related to privacy and intellectual property. Additionally, your use of the Avatars should not be obscene, pornographic, harmful, or contribute to the spread of harmful misinformation.
• If you’re uncertain whether your intended use of the generated Avatars is legal, we recommend that you exercise caution, especially if you plan to use them for commercial purposes. Please note that we prohibit their use for sale or benefit of any third party, or in any manner that violates these Terms.
By using ProfileBakery, you agree not to breach any relevant contract, intellectual property laws, other laws or third-party rights (including the rights of the Company), or commit any tort. You are solely responsible for your actions while using ProfileBakery.
The following is a list of prohibited activities that you agree not to engage in while using ProfileBakery, whether by uploading User Content or otherwise:
• Engaging in harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking, or otherwise objectionable conduct.
• Using ProfileBakery for sale or the benefit of any third party or in any way not permitted by these Terms.
• Interfering with, disrupting, negatively affecting, or inhibiting other Users from fully enjoying ProfileBakery, or damaging, disabling, overburdening, or impairing the functioning of ProfileBakery.
• Deciphering, decompiling, disassembling, or reverse-engineering any aspect of ProfileBakery, such as the source code or non-literal aspects, or doing anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of ProfileBakery.
• Circumventing any content-filtering techniques used by ProfileBakery or accessing any feature or area of ProfileBakery that you are not authorized to access.
• Developing or using any third-party applications that interact with ProfileBakery without our prior written consent, including any scripts designed to scrape or extract data from ProfileBakery.
• Displaying, mirroring, or framing ProfileBakery, or any individual element within ProfileBakery, the Company’s name, any Company trademark, logo, or other proprietary information without our express written consent.
• Using any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo URL, product or services name without our express written consent.
• Gaining unauthorized access to, interfering with, damaging, or disrupting any server, computer, or database connected to ProfileBakery.
• Copying, modifying, hosting, streaming, sublicensing, or reselling ProfileBakery.
• Using ProfileBakery for any illegal or unauthorized purpose, or engaging in, encouraging, or promoting any activity that violates these Terms.
• Placing an advertisement of any products or services in ProfileBakery except with our prior written approval.
• Violating any applicable law or regulation.
• Encouraging, assisting, or enabling any other party to engage in any of the foregoing activities.
You are allowed to share User Content, but only if it is not confidential and you have the necessary rights to do so. However, you are prohibited from uploading, editing, creating, storing, or sharing any User Content that:
• Is illegal, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent.
• Would encourage or provide instructions for a criminal offense, infringe on the rights of any person, or violate any local, state, national, or international law.
• Sexualizes other people, including minors, or is meant to facilitate inappropriate interactions with minors, other users, or the public.
• Could infringe on any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person.
• Contains any private or personal information of any person without their consent.
• Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content.
• In our sole discretion, is objectionable, or that limits or inhibits any other person from using or enjoying ProfileBakery, or that may expose us or others to any harm or liability of any kind.
As ProfileBakery uses Stable Diffusion AI technology for creating Avatars, you must agree not to use the ProfileBakery feature with Stable Diffusion AI technology or the Stable Diffusion AI technology (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, as they are explicitly prohibited under the Stable Diffusion AI technology license:
• In any way that violates any applicable national, federal, state, local or international law or regulation;
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• To generate or disseminate verifiably false information and/or content with the purpose of harming others;
• To generate or disseminate personal identifiable information that can be used to harm an individual;
• To defame, disparage or otherwise harass others;
• For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
• For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• To provide medical advice and medical results interpretation;
• To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.
We reserve the right to monitor your use of ProfileBakery to ensure that you are complying with these Terms and applicable laws. If we suspect that you are violating these Terms or engaging in conduct that affects ProfileBakery, we may investigate the matter. We may also cooperate with law enforcement authorities to prosecute Users who violate the law.
In our sole discretion, we may suspend or discontinue ProfileBakery at any time, introduce new features, impose limitations on certain features, or restrict access to ProfileBakery.
7. Limited License; Copyright and Trademark
Everything you read in this section from here on is not about User Content.
ProfileBakery, inclusive of its text, graphics, images, photographs, videos, audio, music (including, but not limited to, the Music Content as defined below), illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, and other content, excluding your User Content, (collectively referred to as
) and the intellectual property rights associated with the preceding items, are either owned or licensed by us and are protected under both European and foreign laws. Except as explicitly stated in these Terms, we and our licensors reserve all rights, title and interests (including without limitation all intellectual rights) in and to ProfileBakery and the ProfileBakery Content. Your use of the ProfileBakery Content is subject to these Terms and any additional terms and conditions communicated to you from time to time, such as terms and conditions from our licensors (referred to as
). These Supplemental Terms are hereby incorporated into these Terms by reference. If there is any conflict or inconsistency between these Terms and Supplemental Terms, the latter shall govern. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use ProfileBakery and the ProfileBakery Content for your personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to: (i) sell, resell, or commercially use ProfileBakery or the ProfileBakery Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the ProfileBakery Content, except as expressly permitted by us or our licensors; (iii) modify the ProfileBakery Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of ProfileBakery or the ProfileBakery Content, except as expressly set forth in these Terms and the Supplemental Terms; (iv) use any data mining, robots, or similar data gathering or extraction methods; or (v) use ProfileBakery or the ProfileBakery Content other than as expressly provided in these Terms and the Supplemental Terms. Any use of ProfileBakery or the ProfileBakery Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You shall not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ProfileBakery Content.
8. In App Purchase and Subscriptions
Some functionalities and features of the application are free of charge if you refer a friend. We also offer one time payments and subscription plans that provide access to enhanced services and additional features for a fee (
). You may only use the Purchased Content if you are over 18 years old (or of age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis.
You may purchase the Purchased Content through a third party, such as Apple App Store or Google Play. If you purchase the Purchased Content from a third party, separate terms and conditions with such third party in addition to these terms may apply to your access to ProfileBakery.
Your payment to the third party through which you purchased the Purchased Content will automatically renew and continue until terminated. You must cancel your subscription before it renews to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time.
Please contact the third party (Apple App Store or Google Play support) regarding any refunds or to manage your Purchased Content.
We are unable to view, access, or modify any financial transactions from Apple (as defined below) or Google LLC in-app subscriptions for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple or Google LLC in relation to your subscription to request any refunds.
You can cancel your Purchased Content by signing in to your account and following the instructions for canceling your subscription.
If made via a Google in-app subscription or purchase learn more about refunds from Google Play here.
You can request a refund for an Apple in-app subscription or purchase by following the guidance here.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
To the maximum extent permissible under applicable law, you agree to indemnify, defend and hold harmless us, and each of our officers, directors, agents, partners, and employees (collectively, “Company Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses, or costs, including reasonable attorneys’ fees (“Claims”) arising out of or related to: (i) your use of ProfileBakery; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another person (including intellectual property or privacy rights); and (v) your conduct in connection with ProfileBakery. You agree to immediately notify the Company Parties of any third-party Claims, to cooperate with the Company Parties in defending such Claims, and to pay all costs and expenses associated with the defense of such Claims, including, but not limited to, attorneys’ fees. You further agree that the Company Parties shall have control over the defense or settlement of any third-party Claims. This indemnification provision is in addition to, and not in lieu of, any other indemnification obligations set forth in a written agreement between you and us or any other Company Party.
We acknowledge that unexpected outcomes may arise despite our best efforts, and we make no claims or guarantees as to the flawless performance of ProfileBakery. While we endeavor to ensure the safety of our AI, the generation of Avatars remains a highly unpredictable process. We would greatly appreciate your cooperation in identifying and reporting any offensive content generated by the AI to help us improve the user experience of ProfileBakery. Please report such content to us at email@example.com.
We shall not be held responsible for any third-party content, including User Content and its loss, available on or linked to ProfileBakery. You acknowledge and agree that you are solely responsible for your use of any third-party websites or resources.
Your use of ProfileBakery is entirely at your own risk. ProfileBakery is provided “as is” and “as available,” without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Furthermore, we do not guarantee that ProfileBakery is accurate, complete, reliable, current, error-free, or free of viruses or harmful components. You assume full responsibility and risk for the quality and performance of ProfileBakery in your use.
The Avatars generation in ProfileBakery employs external technology Stable Diffusion AI, which we do not fully control, and as such, any results generated by the Avatars feature do not represent our official policy or position on any religion, ethnic group, club, organization, company, individual, or anything else. We make reasonable efforts to moderate the Avatars feature by configuring the AI settings, but we cannot moderate the User Content. By accepting these Terms or purchasing a subscription or product of ProfileBakery, you acknowledge and agree to this disclaimer and waive any claims against us related to the generated Avatars. If you find the Avatar offensive or otherwise objectionable, please inform us at firstname.lastname@example.org.
12. Limitation of Liability
The Company and other Company Parties shall not be held liable to you under any theory of liability, including but not limited to contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and other Company Parties, for any claim arising out of or related to these Terms or ProfileBakery, regardless of the form of the action, shall be limited to the amount paid, if any, by you to use ProfileBakery. In no event shall the Company’s total liability arising out of or in connection with these Terms or from the use of or inability to use ProfileBakery exceed the amounts you have paid to use ProfileBakery, or ten (10) Euros, if you have not had any payment obligations to the Company, as applicable. It is understood and agreed that the exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
Notwithstanding the foregoing, the limitations set forth in this Section shall not limit or exclude liability for fraud or intentional misconduct of the Company or other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13. Changes of these terms
The Company reserves the right to modify these Terms at any time. We will post any changes to these Terms and update the “Effective date” above. In the event that we make substantial changes to these Terms that affect your rights, we will notify you via in-app consent, email, or any other communication method we determine to be appropriate. If you do not agree to the amended Terms, you must cease using ProfileBakery. Your continued use of ProfileBakery after we provide notice of such changes will indicate your acceptance of the modified Terms.
14. Electronic Communications
You may opt-out of receiving promotional emails from us at any time by following the opt-out links in any promotional email we send you, or by contacting us at email@example.com. To stop receiving push notifications, you can adjust the settings on your mobile device.
You may opt-out of push notifications by changing the settings on your mobile device.
In our sole discretion, we reserve the right to terminate your right to use ProfileBakery without notice. We shall not be held liable for any losses or harm suffered as a result of your inability to use ProfileBakery. In the event of ProfileBakery’s termination, discontinuation, or cancellation, all provisions of these Terms which, by their nature, should endure will continue to survive, including but not limited to provisions regarding ownership, warranty disclaimers, limitations of liability, and dispute resolution provisions.
16. How to contact us
If you have any questions, complaints or claims with respect to these Terms or ProfileBakery, please contact us via email at firstname.lastname@example.org
• These Terms constitute the entire agreement between you and us regarding the use of ProfileBakery, and they replace any prior oral or written agreements between you and the Company on the same subject.
• These Terms are written in English only.
• By agreeing to these Terms, you waive any law that requires their localization to your language or the retention of non-electronic records.
• Our failure to enforce any provision of these Terms does not waive our right to do so in the future, and any waiver must be in writing and signed by a duly authorized representative of the Company.
• Each party’s exercise of its remedies under these Terms is without prejudice to its other remedies under these Terms or otherwise.
• If any provision of these Terms is held invalid, it will still be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect. The section titles in these Terms are for convenience only and have no legal effect.
• These Terms are intended solely for the benefit of you and the Company and do not confer any third-party beneficiary rights.
• You may not assign or transfer your rights under these Terms without our prior written consent, but we can do so freely. These Terms bind and benefit the parties, their successors, and permitted assigns.