General Terms and Conditions (GTC)

profilfoto-ki.de, Last updated: April 10, 2026

§ 1 Scope of Application

(1) These General Terms and Conditions apply to all contracts between

Profilfoto KI
Owner: Safak Tepecik
Heidestraße 2, 58239 Schwerte, Germany
Email: info@profilfoto-ki.de

hereinafter referred to as "Provider", and the user, hereinafter referred to as "Customer", regarding the use of the AI-supported image generation service at www.profilfoto-ki.de and app.profilfoto-ki.de.

(2) These General Terms and Conditions apply exclusively. Deviating conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.

(3) The Customer is a consumer within the meaning of § 13 BGB (German Civil Code), provided that the purpose of use cannot be predominantly attributed to a commercial or independent professional activity.

§ 2 Description of Services

(1) The Provider operates a web-based service for the AI-supported creation of professional profile pictures and business portraits (hereinafter "digital service" within the meaning of § 327 Abs. 1 BGB). The Customer uploads one or more photos of themselves. Based on this input, an AI generates professional-looking portrait images in various styles.

(2) The image generation is fully automated by an AI model (Google Gemini / Vertex AI). The Provider does not owe a specific result regarding appearance, style, or quality. The generated images may vary depending on the input photo and the selected style.

(3) The generated images are provided to the Customer as digital files in JPEG or PNG format with a minimum resolution of 1024×1024 pixels. The images are compatible with all common operating systems (Windows, macOS, iOS, Android) and can be opened with any standard image viewer. Technical protection measures (DRM) are not used.

(4) The service includes a freemium model: Every new Customer receives one free credit. Images generated with the free credit contain a visible watermark. The watermark is omitted for paid credits.

(5) The annual average availability of the service is at least 95 %. Planned maintenance work will be announced in advance whenever possible. There is no claim to uninterrupted availability.

§ 3 Conclusion of Contract

(1) The presentation of services on the website does not constitute a binding offer, but an invitation to submit an offer (invitatio ad offerendum).

(2) The contract is concluded when the Customer purchases a paid credit package via the ordering process on app.profilfoto-ki.de and the payment is successfully completed. The Customer submits their offer by clicking the button "Zahlungspflichtig bestellen" (Order with obligation to pay) (§ 312j Abs. 3 BGB). The order confirmation by email constitutes the acceptance of the offer.

(3) When using the free credit, the contract is concluded upon initial registration and the uploading of a photo for generation.

§ 4 Prices and Payment

(1) The prices stated on the website at the time of the order apply. All prices are final prices including the statutory value-added tax, if applicable.

(2) At the time these General Terms and Conditions are in effect, the Provider offers the following credit packages:

Kennenlernen: 4.99 € for 2 professional photos
Professional: 29.00 € for 12 professional photos
Executive: 79.00 € for 40+ professional photos

(3) Payment is made via the payment service provider Stripe Inc. Accepted methods are credit card (Visa, Mastercard), PayPal, and other payment methods supported by Stripe. This is a one-time payment. There are no recurring costs or subscriptions.

(4) The Customer automatically receives an invoice by email after successful payment.

§ 5 Right of Withdrawal

(1) Consumers have a statutory right of withdrawal in accordance with §§ 312g, 355 BGB. The complete withdrawal policy including the model withdrawal form can be found at profilfoto-ki.de/en/withdrawal/.

(2) The right of withdrawal expires prematurely in accordance with § 356 Abs. 5 BGB if the Provider has started executing the contract (i.e., generating the images) after the Customer

has expressly agreed that the Provider will begin execution before the withdrawal period expires, and
has confirmed their knowledge that they will lose their right of withdrawal through their consent upon the start of execution.

(3) This consent is obtained during the ordering process on app.profilfoto-ki.de via an active, unticked checkbox with the following wording:

„Ich stimme der Vertragsausführung durch Profilfoto KI vor Ablauf der Widerrufsfrist zu und weiß, dass dadurch mein Widerrufsrecht erlischt." ("I agree to the execution of the contract by Profilfoto KI before the end of the withdrawal period and I know that I thereby lose my right of withdrawal.")

(4) As long as the Customer has not yet started the generation (i.e., has not uploaded a photo and triggered a generation process), they can revoke the purchase within 14 days after the conclusion of the contract without giving reasons. The withdrawal must be sent by email to info@profilfoto-ki.de or is possible via the model withdrawal form.

§ 6 Warranty for Digital Products

(1) The statutory warranty rights in accordance with §§ 327 ff. BGB apply to the digital service provided by the Provider. A defect exists if the digital service does not meet the agreed or objective requirements (§§ 327d, 327e BGB).

(2) In the event of a defect, the Customer is entitled to supplementary performance (§ 327l BGB). The Provider will remedy the defect free of charge within a reasonable period, for example by generating it again. If the supplementary performance fails, the Customer is entitled to reduce the price (§ 327n BGB) or to terminate the contract (§ 327m BGB).

(3) Warranty claims expire within two years from the provision of the digital service (§ 327j BGB).

(4) Note: AI-generated images are subject to variance due to technical reasons. Deviations in style, coloring, or pose compared to the input photo do not constitute a defect, but are inherent to the system and are accepted by the Customer by using the service.

§ 7 Voluntary Satisfaction Guarantee

(1) In addition to the statutory warranty rights in accordance with §§ 327 ff. BGB, the Provider grants a voluntary satisfaction guarantee. This guarantee exists alongside the statutory rights and does not limit them in any way.

(2) If the Customer is not satisfied with the quality of the generated images, they can request a full refund of the purchase price within 14 days after the generation. The refund will be made via the original payment method (Stripe refund).

(3) The right to a refund requires that the Customer has performed at least one generation process.

(4) The satisfaction guarantee applies once per Customer and only for the first purchase. Any abuse (e.g., systematic refund requests after fully using all credits) entitles the Provider to reject the guarantee in individual cases.

(5) Guarantor: Profilfoto KI, Owner Safak Tepecik, Heidestraße 2, 58239 Schwerte, info@profilfoto-ki.de. The guarantee applies to all customers worldwide.

§ 8 Rights to Generated Images

(1) According to the prevailing legal opinion in Germany, AI-generated images do not enjoy copyright protection within the meaning of § 2 Abs. 2 UrhG (German Copyright Act), as they lack the necessary personal intellectual creation by a human being. The Provider therefore makes the generated images available to the Customer for unrestricted use for private and commercial purposes.

(2) Should the generated images exceptionally become subject to copyright protection, the Provider hereby grants the Customer a simple, temporally and spatially unrestricted right of use for all known types of use. This includes, in particular, the use as a profile picture on social networks, in application documents, on company websites, and on business cards.

(3) The Provider does not use the generated images or the photos uploaded by the Customer for marketing purposes, unless the Customer gives separate, explicit consent for this.

(4) The original photos uploaded by the Customer and the images generated from them are not used to train, improve, or develop AI models, neither by the Provider nor by its service providers. This is contractually secured with the AI infrastructure provider (Google LLC, Vertex AI) under the Data Processing Amendment (DPA).

§ 9 Obligations of the Customer

(1) The Customer may only upload photos in which they themselves are depicted. By uploading a photo, the Customer confirms: "I am the person depicted in the uploaded photo and I have the rights to this image."

(2) Uploading photos of other persons without their explicit, verifiable consent is prohibited. The Customer is aware that creating AI-generated images based on photos of others (so-called "deepfakes") can be a criminal offense (§ 201a StGB, in the future § 201b StGB) and can trigger civil claims by the affected persons (§§ 22, 23 KUG; Art. 2 Abs. 1 GG).

(3) The Customer may not use the service to:

generate images of or for minors;
create deceptive content intended to impersonate other persons;
generate illegal, offensive, discriminatory, or otherwise unacceptable content;
use the service in a manner that violates applicable law.

(4) Indemnification: The Customer indemnifies the Provider against all claims by third parties arising from the unlawful use of the service by the Customer. This includes, in particular, claims for infringement of the right to one's own image, general personal rights, or copyright. The Customer bears the costs of the Provider's legal defense, including reasonable attorney fees.

(5) In the event of a breach of the aforementioned obligations, the Provider is entitled to immediately block the Customer's access to the service without a refund.

§ 10 Privacy and Data Processing

(1) The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Details are governed by the Privacy Policy.

(2) The legal basis for processing the uploaded photos is the fulfillment of the contract (Art. 6 Abs. 1 lit. b DSGVO). The processing is necessary to provide the ordered digital service.

(3) The processing of the photos and the AI image generation takes place on servers within the European Union (Vertex AI Frankfurt, Supabase Frankfurt).

(4) Uploaded original photos are automatically and irretrievably deleted no later than 24 hours after completion of the generation. No biometric profiles or facial recognition vectors are permanently stored. The Customer can request the immediate deletion of their data at any time by emailing info@profilfoto-ki.de.

(5) The uploaded photos and the images generated from them are not used to train AI models or for other purposes beyond the contractually agreed image generation. This also applies to the AI infrastructure provider Google LLC (Vertex AI), with which the Provider has concluded a corresponding contractual agreement (Data Processing Amendment).

(6) Transparency notice pursuant to Art. 50 EU AI Act: The images generated via this service are AI-generated content. They are based on an automated processing of the photo uploaded by the Customer by an AI model (Gemini / Vertex AI). No automated decisions are made about the person of the Customer (no use case for Art. 22 DSGVO).

§ 11 Liability

(1) The Provider is liable without limitation for damages resulting from injury to life, body, or health that are based on a breach of duty by the Provider or its vicarious agents (§ 309 Nr. 7a BGB).

(2) The Provider is liable without limitation for damages based on intentional or grossly negligent behavior by the Provider or its vicarious agents (§ 309 Nr. 7b BGB).

(3) In the event of slight negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

(4) The Provider is not liable for:

the suitability of the generated images for a specific purpose (e.g., success in a job application);
technical malfunctions that are outside its sphere of influence (e.g., outages at Google Vertex AI or Stripe);
damages caused by improper or unlawful use of the generated images by the Customer.

(5) The above limitations of liability also apply in favor of the Provider's vicarious agents.

§ 12 Amendments to the General Terms and Conditions

(1) The Provider is entitled to amend these General Terms and Conditions with a notice period of at least six (6) weeks, provided there is an objective reason for this (e.g., changed legal situation, technical development of the service, change in the cost structure).

(2) Registered customers will be informed of the planned changes by email. If the Customer does not object within four (4) weeks after receiving the notification, the new General Terms and Conditions are considered accepted. In the event of an objection, the Provider is entitled to terminate the contractual relationship at the time the changes come into effect. The notification of changes will explicitly point out the right to object and the consequences of an objection.

(3) Changes that affect the core of the contract (essential performance obligations or the price) require the express consent of the Customer.

§ 13 Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.

(2) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 Abs. 1 VSBG).

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence (Art. 6 Abs. 2 Rom I-VO).

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Dortmund.

(3) Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by the relevant statutory regulation.

Legal basis of these General Terms and Conditions: §§ 305–310 BGB (AGB law), §§ 312–312k BGB (distance selling law), §§ 327–327u BGB (digital products), §§ 355–356 BGB (right of withdrawal), Art. 246a EGBGB (information obligations), DSGVO, § 36 VSBG, Art. 50 EU AI Act.

Last updated: April 10, 2026 · Profilfoto KI · Owner Safak Tepecik · Schwerte