General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all contracts between kiki-book.app (hereinafter "Provider") and the customer (hereinafter "Customer") regarding the use of the platform for creating personalized children's books.

(2) Deviating terms of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(3) The contract language is German.

§ 2 Subject Matter of the Contract

(1) The Provider offers a web-based platform through which customers can create personalized children's books using artificial intelligence.

(2) The created books can be purchased as a personalized children's book, consisting of a digital e-book (PDF) for download and a printed premium hardcover.

(3) The illustrations and texts are generated using AI. The Provider does not guarantee specific artistic results.

§ 3 Conclusion of Contract

(1) The presentation of products on the website does not constitute a legally binding offer but rather a non-binding invitation to place an order (invitatio ad offerendum).

(2) The Customer submits a binding offer by placing the order. The contract is concluded upon acceptance by the Provider, which is effected by sending an order confirmation via email or by providing the digital product.

§ 4 Prices and Payment

(1) All stated prices are final prices. Pursuant to § 19 of the German VAT Act (UStG) (small business regulation), no value-added tax is charged or shown separately.

(2) Payment is processed through the payment service provider Stripe. The payment methods offered there are available.

(3) The purchase price is due immediately upon ordering.

§ 5 Delivery and Provision

(1) Digital products (e-books) are made available for download immediately after successful payment.

(2) Printed products (hardcovers) are usually delivered within 7–14 business days (production and shipping; international delivery may take longer). Shipping costs depend on the delivery address and are shown in the cart before payment; shipping is free for orders of 2 or more copies.

(3) Delivery delays due to force majeure or circumstances beyond the Provider's control do not give rise to any claim for damages.

§ 6 Storage and Automatic Deletion

(1) Created books (including texts, illustrations, and associated data) are stored on the platform for a period of 90 days from the time of creation.

(2) After the 90-day period expires, the book content (illustrations, reference images, page content) is automatically and irrevocably deleted. The book is marked as "deleted" and can no longer be edited, regenerated, or ordered.

(3) Previously downloaded e-books (PDF) or ordered hardcover copies are not affected by the automatic deletion. Existing orders and print jobs remain unchanged.

(4) The Customer may also manually delete a book before the 90-day period expires. In this case as well, the deletion is irrevocable.

(5) A refund due to automatic or manual deletion is excluded. It is recommended to download the e-book as a PDF to keep it permanently.

§ 7 Right of Withdrawal and Returns

(1) Consumers generally have a 14-day right of withdrawal pursuant to § 312g BGB in conjunction with § 355 BGB.

(2) The right of withdrawal expires prematurely for digital content if the Provider has begun executing the contract after the Customer has expressly agreed that the Provider may begin execution before the expiry of the withdrawal period and the Customer has confirmed awareness that consent results in loss of the right of withdrawal (§ 356(5) BGB).

(3) For individually produced hardcover books, there is no right of withdrawal pursuant to § 312g(2)(1) BGB, as these are goods made to customer specifications or clearly tailored to personal needs. Each book is produced uniquely and personalized for the respective customer.

(4) Before completing the order, the Customer expressly agrees, by activating a separate checkbox, that the creation of the book and the provision of the e-book begin before the withdrawal period expires, and confirms their awareness of losing the right of withdrawal. Statutory warranty rights in the event of defective delivery remain unaffected.

Withdrawal instructions

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason, unless the right of withdrawal is excluded or has expired under paragraphs (2) and (3). The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (GenKI DAMA, Dr. Kevin Wesendrup, Goerdelerstraße 4, 48282 Emsdetten, Germany, email: [email protected], phone: +49 1523 3938954) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not mandatory. To meet the withdrawal deadline, it is sufficient to send your notice of withdrawal before the withdrawal period expires. Effects of withdrawal: If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we received notice of your withdrawal. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

Model withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back.) To GenKI DAMA, Dr. Kevin Wesendrup, Goerdelerstraße 4, 48282 Emsdetten, Germany, email: [email protected] I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*) – Ordered on (*) / received on (*) – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is notified on paper) – Date (*) Delete as applicable.

§ 8 Usage Rights and Copyright

(1) The Customer receives a simple, non-transferable right of use for the created books for personal, non-commercial use.

(2) Commercial use, reproduction, or distribution of the created content is prohibited without the express permission of the Provider.

(3) The Customer ensures that uploaded reference images do not infringe any third-party rights.

§ 9 Liability

(1) The Provider is liable without limitation for intent and gross negligence, as well as for injury to life, body, and health.

(2) In cases of simple negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). Liability in this case is limited to foreseeable, contract-typical damage.

(3) AI-generated content is provided without warranty. The Provider is not liable for the factual accuracy of the generated texts and illustrations.

§ 10 Dispute Resolution

(1) The European Commission discontinued its Online Dispute Resolution (ODR) platform on 20 July 2025. A reference to this platform is therefore no longer required.

(2) The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

(3) If the Customer is a consumer habitually resident outside Germany, the protection of mandatory consumer protection laws of their country of residence remains unaffected. Customers in the United States: the e-book and printed book are personalized goods produced to order; statutory rights under your state's law remain unaffected.