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Terms & Conditions

Legal agreement for petitWUNDER services

Last updated: January 15, 2025
Effective: January 15, 2025
Governed by Swiss Law

Legal Agreement

These Terms & Conditions constitute a binding legal agreement between you and Carsten Ludwig (trading as petitWUNDER), governing your use of our AI-powered personalized children's book creation service.

1. Service Description and Scope

petitWUNDER provides an online platform that transforms your family photos into personalized children's storybooks using artificial intelligence technology. Our service includes:

  • AI-powered photo transformation and character creation
  • Automated multilingual story generation (German, French, English, Swiss German, British English)
  • Professional book design, layout, and PDF generation
  • High-quality print-on-demand book production and delivery
  • Secure photo processing with automatic deletion after delivery

Service Limitations: Our service is intended for personal, non-commercial use only. Books are created using AI technology which, while advanced, may not be perfect and requires human oversight.

2. User Responsibilities and Eligibility

Age and Legal Capacity

  • You must be at least 16 years old to use our service
  • You must have the legal capacity to enter into this agreement
  • Credit card payment serves as verification of adult status and legal capacity

Photo Content Responsibility

  • You warrant that you own or have legal permission to use all uploaded photos
  • You are solely responsible for ensuring you have consent to process photos containing other individuals, including minors
  • You confirm that all uploaded content complies with applicable laws and regulations
  • You assume full legal responsibility for any photos containing children or other individuals

Prohibited Uses

  • Uploading photos without proper consent or legal authorization
  • Using the service for commercial purposes without written permission
  • Attempting to reverse engineer or copy our AI models or algorithms
  • Uploading inappropriate, illegal, or harmful content
  • Violating any applicable laws or regulations

3. AI Processing Disclosure and Limitations

AI Systems Used

Our service employs multiple AI systems:

  • OpenAI GPT-4.1 (ChatGPT Image-1): Photo transformation and character creation
  • OpenAI GPT-4o: Story generation and multilingual translation
  • OpenAI GPT-4o Vision: Photo analysis and composite image creation

AI Limitations and Risks

  • AI-generated content may contain inaccuracies, inconsistencies, or unexpected results
  • Character likeness may not be perfectly accurate to uploaded photos
  • Story content is generated automatically and may require human review
  • Translation accuracy may vary between languages
  • AI systems may exhibit biases present in their training data
  • Photo processing may involve biometric data analysis (e.g., facial features); we mitigate risks through human oversight, data minimization, and secure processing
  • Potential for errors in sensitive content handling, addressed via our 100% human review process

Human Oversight

All AI-generated content undergoes human review before final book production. However, you acknowledge that despite our best efforts, some imperfections may remain in the final product.

User Review and Acceptance

You are responsible for reviewing and approving all AI-generated content before finalizing your book. By proceeding with production or delivery, you accept the outputs in their generated form and waive claims related to their accuracy, suitability, or quality.

No Reliance

AI-generated content is for entertainment purposes only; do not rely on it for educational, legal, or professional advice.

Reporting AI Issues

If you encounter issues with AI-generated content, contact us at support@petitwunder.com for review and potential resolution.

4. Payment Terms and Refund Policy

Payment Processing

  • Payment is required before book creation begins
  • We accept major credit cards processed through secure payment providers
  • All prices are displayed in the applicable currency at the time of purchase
  • Credit card payment serves as adult age verification

Refund Policy

  • Before Book Creation: Full refund available up to 24 hours after payment
  • During Processing: Partial refund may be available depending on completion stage
  • After Completion: Refunds only for technical defects or service failures
  • Quality Issues: We will attempt to resolve quality concerns through revisions when possible

Pricing and Changes

Prices may change without notice. However, you will be charged the price displayed at the time of your order. Any price changes will not affect orders already placed.

5. Photo Deletion Commitment and Data Minimization

Automatic Photo Deletion

Privacy by Design: We are committed to data minimization and your privacy.

  • Original photos are automatically deleted 7 days after successful book delivery
  • Photos used only for book creation purposes - never for other purposes
  • Deletion is permanent and irreversible
  • You will receive confirmation when photos have been deleted

Manual Deletion

  • You can request immediate photo deletion at any time before automatic deletion
  • Manual deletion may affect our ability to provide customer support for your book
  • Once deleted, photos cannot be recovered for revisions or reprints

Data Processing Period

Photos are processed through secure, encrypted systems and are only accessible to authorized personnel for quality assurance and customer support purposes during the processing period.

6. Intellectual Property Rights

Your Content

  • You retain all rights to your original photos and personal information
  • You grant us a limited license to process your photos solely for book creation
  • This license expires when photos are deleted from our systems

AI-Generated Content

  • You own the final personalized book created for you
  • AI-transformed images and generated stories become your property upon payment
  • You may use your book for personal, non-commercial purposes
  • Commercial use requires separate written permission

Our Intellectual Property

  • Our platform, algorithms, and service methods remain our intellectual property
  • Book templates, design elements, and branding are protected by copyright
  • You may not copy, reproduce, or reverse engineer our service

7. Liability Limitations and Disclaimers

Service Disclaimer

Our service is provided "as is" and "as available." While we strive for high quality, we make no warranties regarding the accuracy, completeness, or suitability of AI-generated content.

Waiver of Warranties

We disclaim all warranties, express or implied, including fitness for a particular purpose. You acknowledge that AI outputs are generated automatically and may contain errors despite our review.

Limitation of Liability

  • Our liability is limited to the amount you paid for the specific service
  • We are not liable for indirect, incidental, or consequential damages
  • We are not responsible for decisions made based on AI-generated content
  • Maximum liability per incident shall not exceed CHF 500

Exclusions

Nothing in these terms excludes our liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be excluded under applicable law.

8. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or losses arising from your use of AI-generated content, including third-party claims related to intellectual property, privacy, or content accuracy.

9. Dispute Resolution and Governing Law

Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of Switzerland, specifically Swiss Federal Act on Data Protection (FADP) and applicable EU regulations where relevant.

Dispute Resolution Process

We encourage amicable resolution through this process:

  1. Direct Contact: Contact us at info@petitwunder.com for good-faith negotiation (30 days)
  2. Mediation: Swiss Commercial Mediation Centre mediation if direct negotiation fails
  3. Arbitration: Binding arbitration under Swiss Rules of International Arbitration
  4. Jurisdiction: All proceedings shall take place in Zurich, Switzerland

Consumer Rights

Nothing in this clause affects your statutory consumer rights under applicable law, including the right to pursue complaints through relevant consumer protection authorities.

10. Terms Modification and Communication

Modifications

  • We may update these terms to reflect service changes or legal requirements
  • Significant changes will be communicated via email and in-app notifications at least 30 days in advance
  • Continued use of our service constitutes acceptance of updated terms
  • If you disagree with changes, you may terminate your account before they take effect

Contact Information

Carsten Ludwig (petitWUNDER)

Funkwiesenstrasse 93

8050 Zurich, Switzerland

Email: info@petitwunder.com

11. Miscellaneous

Severability and Survival

If any provision is invalid, the remainder remains in effect. Obligations like payment and indemnification survive termination.

Entire Agreement

These Terms constitute the entire agreement between you and us, superseding any prior agreements.

Disclaimer on Advice

This document is not legal advice; consult professionals for your specific situation.

By using petitWUNDER services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

Last updated: January 15, 2025 | Effective: January 15, 2025