Terms & Conditions – Kibuki

Last updated: January 2025

1. Operator and Scope

These Terms & Conditions (T&Cs) apply to all use of the Kibuki platform (www.kibuki-books.com) and all contracts concluded through the platform.

By using the platform and/or placing an order, the user accepts these T&Cs fully and without reservation.

2. Service Description (Personalized AI Children’s Books)

Kibuki enables the automated creation of personalized children’s books using artificial intelligence (AI), based on user-provided inputs (e.g., photos, names, descriptions, themes).

Key characteristics of the service:

• Text, illustrations, characters, visual styles, and storylines are generated fully automatically by AI systems.
• No manual review, correction, or quality control is performed by the provider.
• All generated content is fictional and intended solely for entertainment.

3. User Responsibility & Prohibited Content

Users are fully responsible for ensuring that all uploaded content (photos, names, text descriptions, personal details):

• is legally permissible and does not infringe third-party rights, including:
  • personality rights (e.g., right to one's image),
  • copyrights, trademarks, or design rights,
  • data protection rights.
• does not contain illegal, harmful, or inappropriate content, including:
  • violence or threats of violence,
  • pornographic, sexual, or sexualized content,
  • any depiction of minors in erotic or inappropriate contexts,
  • hate speech, discrimination, extremism or political propaganda,
  • promotion of self-harm, suicide, drug abuse, or illegal actions.

Users confirm they have all required rights and permissions (including parental consent for minors depicted in images).

Indemnification: The user agrees to fully indemnify and hold the provider harmless from any third-party claims resulting from user-uploaded content.

4. AI Output, Limitations & Warranty Disclaimer

The user expressly acknowledges and accepts that:

• AI-generated results may be inaccurate, incomplete, inconsistent, or unexpected.
• Faces, proportions, styles, details, and scenes may vary between pages.
• There is no guarantee of specific aesthetic quality, realism, or exact likeness of characters.
• The content does not constitute educational, psychological, or medical advice.
• Parents/guardians are responsible for reviewing the entire book before giving it to a child.
• The service is provided strictly “as is,” without warranty to the fullest extent permitted by law.

5. Child Safety & Use Disclaimer

• The books are entertainment products, not educational, therapeutic, or developmental tools.
• All actions and statements in the story are fictional and not to be interpreted as guidance.
• Parents/guardians remain fully responsible for children’s safety, behavior, and interpretation of content.
• The provider is not liable for any decisions or actions taken based on the content of the book.

6. Usage Rights

Upon full payment, the user receives a non-exclusive, non-transferable license to privately use the generated children’s book (digital and/or printed).

• Private use includes reading, gifting, and personal archiving.
• Prohibited without written permission:
  • commercial use (selling, rental, paid readings, marketing),
  • large-scale publication or distribution,
  • systematic reproduction beyond typical private use.

7. Pricing, Payments & Order Process

• All prices are displayed on the platform and shown in CHF/EUR, including taxes where applicable.
• Payments are processed via external payment providers (e.g., Stripe). No credit card data is stored on the platform.
• AI generation normally begins automatically after successful payment.

8. No Right of Withdrawal / No Refunds

This includes dissatisfaction with stylistic details, character likeness, or AI-generated text or images.

8.1 Print Quality (Print-on-Demand)

• Printing and shipping are handled by external print partners (e.g., Lulu).
• Technical print defects are processed exclusively under the print partner’s own policies.
• Users must provide complete documentation (photos, description) for any print-related claims.

9. Liability Limitation

To the maximum extent permitted by law:

• The provider is liable only for damages caused by intentional or grossly negligent misconduct.
• Liability for slight negligence is excluded.
• No liability is assumed for indirect or consequential damages, including lost profits or data loss.
• Maximum liability is limited to the amount paid for the specific order.
• No liability for failures of external systems (AI providers, payment processors, printers, hosting, email delivery).

10. Data Protection

Personal data is processed according to Swiss data protection law (revDSG) and, where applicable, the GDPR.

Details are available in the platform’s Privacy Policy.

11. Copyright, Trademarks & Unintentional Similarities

• AI-generated content is based on statistical models; the provider has no influence over training data.
• Incidental resemblance to real persons, brands, or works is possible and unintentional.
• The provider assumes no liability for such coincidences unless caused intentionally.

12. Applicable Law & Jurisdiction

Swiss law applies exclusively, excluding conflict of laws and CISG.

Jurisdiction: Zurich, Switzerland, unless mandatory law dictates otherwise.

13. Changes to the Terms

The provider may update these Terms at any time. The version displayed on the platform at the time of use or purchase is binding.