Terms and Conditions (B2B)

1. Scope: These terms apply exclusively to business customers (B2B) using ProfileBakery for professional employee headshots. Operated by Mamendo GmbH, Switzerland.

2. Services: Cloud-based AI headshot generation, personalized upload links, custom branding (backgrounds, clothing, logos), final image delivery in customer account/galleries.

3. Contract Formation: Contract via individual offer/order form. Customer ensures accurate registration information.

4. Pricing & Payment: Individually negotiated. Annual or monthly billing available. Invoices due within 30 days. Price adjustments possible with 30 days notice and withdrawal right. Late payment may result in service suspension.

5. Platform Usage Rights: Simple, non-transferable, non-sublicensable right during contract term. No rights to source code or software.

6. Subscription & Batch Packages: Subscription plans include defined number of employees per billing period with monthly credit renewal. One-time rollout packages have 6-month validity from purchase date. Unused allocations expire without refund. Subscription credits renew monthly and do not roll over.

7. Customer Obligations: Lawful use only. Customer responsible for ensuring uploaded content doesn't violate third-party rights. Protect access credentials. Violations may result in suspension or termination.

8. Employee Consent & Responsibility: Customer is data controller for employee data. Customer responsible for obtaining proper legal basis (consent or other grounds). ProfileBakery provides standard consent template and technical documentation. Customer handles deletion requests.

9. Data Protection: ProfileBakery acts as data processor under Art. 28 GDPR. Upload images deleted within 1 hour after successful generation. DPA available upon request.

10. Contract Term: 12-month minimum term, automatic annual renewal. 30 days cancellation notice before term end. Extraordinary termination for cause remains possible.

11. Availability & Support: No guaranteed uptime unless separately agreed (SLA). Maintenance may cause temporary interruptions. Support via email during business hours.

12. Image Rights: Customer receives unlimited, non-exclusive usage rights for internal/external purposes (website, social media, employer branding, PR, internal communications).

13. Warranty: State-of-the-art service delivery. No guarantee for specific visual appearance. Minor deviations not considered defects. Platform development rights reserved.

14. Liability: Unlimited for life/body/health injuries and intentional/gross negligence. Limited to foreseeable damages for slight negligence regarding essential duties. Otherwise excluded. Capped at last 12 months' payments.

15. Governing Law: Swiss law applies. Jurisdiction: Zurich, Switzerland. Text form required for amendments.