1. Controller

Mila AI UG (haftungsbeschränkt), Christburger Str. 19, 10405 Berlin, e-mail: hallo@milamiete.de. No data protection officer has been appointed because the legal requirements for this are not met.

2. Visiting the website

When you visit the website, our hosting provider Render Services, Inc., San Francisco (USA) processes technically necessary data: IP address, date and time, page requested, browser and operating system. The purpose is the secure and stable operation of the site. The legal basis is Art. 6(1)(f) GDPR. These access data are usually deleted or anonymised after 14 days. For transfers to the USA, see section 11.

3. Language and country

So that you see the site in your language and with the platforms relevant to you, we determine the country from your IP address. For this, the site calls a service in our EU infrastructure (Supabase, Ireland region). This service only reads the data centre through which your request arrived, stores no IP address and sets no cookies. Legal basis: Art. 6(1)(f) GDPR. You can change language and region yourself at any time. We store your selection only locally in your browser (localStorage), without cookies and without transmitting it to us. This storage is necessary for the service you have requested (Section 25(2) no. 2 TDDDG).

4. Fonts

We serve the font "Plus Jakarta Sans" locally from our own server. No data is transmitted to third parties in the process.

5. Photos and AI processing in the app

When you upload photos, we process them to create try-on images, looks and listing texts. Your photos are stored in our EU infrastructure (Supabase, Ireland region). For image generation, image checking and the texts we use AI services from OpenAI (OpenAI, L.L.C., San Francisco, USA, contracted through OpenAI Ireland Ltd., Dublin) as a processor. The legal basis is Art. 6(1)(b) GDPR (performance of the contract with you). For transfers to the USA, see section 11. The generated images never show a real face. Please do not upload photos in which people can be identified. Uploaded photos are checked automatically; photos showing identifiable people or impermissible content are rejected and not processed further. Your photos and results are not used to train AI models, neither by us nor by our processors. This is contractually excluded with OpenAI. We remove the metadata of your photos (EXIF, for example location and device) when they are uploaded.

6. Retention period

Without an account, we automatically delete your photos and the generated images 30 days after upload. With an account, we delete your uploaded original photos 90 days after upload. The generated images and texts remain in your account until you delete them or your account. We retain purchase data relevant for invoicing for up to ten years pursuant to Section 147 of the German Fiscal Code (AO).

7. Account and sign-in

The first try-on works without an account; for this we create an anonymous identifier for your device. For an account we use "Sign in with Apple" and, on Android, "Sign in with Google". In the process we receive an identifier from the provider and, if you consent, your e-mail address. Legal basis: Art. 6(1)(b) GDPR.

8. Purchases

Purchases in the app are processed by Apple (App Store) or Google (Google Play). We do not receive payment data, only a confirmation of the purchase. To assign purchases to your account we use the service RevenueCat (RevenueCat, Inc., San Francisco, USA) as a processor; it receives a pseudonymous user identifier and the purchase receipts from the stores. Legal basis: Art. 6(1)(b) GDPR.

9. Notifications

We send push notifications only if you consent, for example when your images are ready. You can switch this off at any time in the app or in your device settings. Legal basis: Art. 6(1)(a) GDPR.

10. No analytics or advertising trackers

We use no analytics or advertising trackers on the website or in the app, and we do not pass on any data for advertising purposes.

11. Transfers to third countries

Where processors are based in the USA (Render, OpenAI, RevenueCat), the transfer is based on the adequacy decision for the EU-US Data Privacy Framework (Art. 45 GDPR), to the extent the respective provider is certified, and additionally on standard contractual clauses pursuant to Art. 46(2)(c) GDPR. Contracts pursuant to Art. 28 GDPR are in place with all processors. We provide an overview on request.

12. Your rights

You have the right of access, rectification, erasure, restriction of processing, data portability and objection (Art. 15 to 21 GDPR). You can withdraw consent at any time with effect for the future. To do so, write to us at hallo@milamiete.de. You can delete your account and all images yourself in the app at any time. You can also lodge a complaint with a data protection supervisory authority (Art. 77 GDPR), for example with the authority responsible for us, the Berliner Beauftragte für Datenschutz und Informationsfreiheit (Berlin Commissioner for Data Protection and Freedom of Information), Friedrichstr. 219, 10969 Berlin, or with the supervisory authority at your place of residence.

§ 1 Scope

These Terms of Service apply to the use of the app "kiki" and the website mykiki.style of Mila AI UG (haftungsbeschränkt), Christburger Str. 19, 10405 Berlin (hereinafter "we"). Deviating terms apply only if we expressly agree to them.

§ 2 Services

kiki creates AI-generated images from your photos of garments, showing the item being worn (views and looks), as well as suggestions for listing texts. The results are AI-generated and may differ from the real item, for example in colour, fit or details. We automatically check the images for consistency with your photo but cannot guarantee a flawless depiction. Check the images yourself before publishing them.

§ 3 Conclusion of contract and account

The first try-on is possible without an account. For further use you create an account. You must be at least 16 years old. You keep your login details confidential. One account per person is permitted.

§ 4 Prices and credits

There is no subscription. You buy credits in packs (images and listing texts) or individual looks at the prices shown in the app, including VAT. One try-on uses 4 images. 3 retries for individual images are included per item. The first 3 listing texts are free. Payment is handled by Apple or Google; their terms apply in addition. Credits do not expire and cannot be paid out.

§ 5 Right of withdrawal

You conclude purchases in the app through the App Store (Apple) or Google Play (Google). The procedures of Apple or Google apply to the withdrawal from and refunds of these purchases. Insofar as a right of withdrawal exists against us, the following instruction applies.

Instruction on withdrawal Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Mila AI UG (haftungsbeschränkt), Christburger Str. 19, 10405 Berlin, e-mail: hallo@milamiete.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Early expiry. For digital content not supplied on a tangible medium, the right of withdrawal expires if we have begun performing the contract after you expressly consented to us beginning performance before the end of the withdrawal period and you confirmed your awareness that by giving your consent you lose your right of withdrawal once performance begins (Section 356(5) of the German Civil Code (BGB)).

Model withdrawal form (If you want to withdraw from the contract, please complete and return this form.) To: Mila AI UG (haftungsbeschränkt), Christburger Str. 19, 10405 Berlin, e-mail: hallo@milamiete.de I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for 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 appropriate.

§ 6 Your photos

You upload only photos to which you hold the rights, and only of clothing that you own or are permitted to sell. No photos in which people can be identified. No photos of children's underwear or swimwear being worn. No unlawful, insulting or sexualised content. We check photos automatically and reject impermissible photos.

§ 7 Rights of use

The rights to your photos remain with you. You grant us the rights we need to provide the service. In the generated images and texts you receive a non-exclusive, perpetual right to use them for your sales listings and your own purposes.

§ 8 Notes for your listings

The images show the item on an AI-generated person and carry a visible "AI-generated" label as well as a machine-readable label in the file. Do not remove this label. In your listing, show your real photo first and point out that the try-on images are AI-generated if the platform requires this. For looks, point out that only the item shown is for sale. Check size, material and condition in the listing text yourself. You are responsible for the content of your listings; observe the rules of the respective platform.

§ 9 Availability

We strive for uninterrupted operation but cannot guarantee it. Maintenance, technical problems or outages at our service providers may temporarily restrict use. If creation fails, your credits are not charged.

§ 10 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. In cases of slight negligence we are liable only for the breach of essential contractual obligations, that is, obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance you may regularly rely, and limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

§ 11 Termination and deletion

You can delete your account in the app at any time. This deletes your photos and results. Unused credits then expire to the extent permitted by law; refunds are governed by the procedures of Apple or Google. We may suspend accounts in the event of serious breaches of these Terms of Service.

§ 12 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of your country of residence remain unaffected. If you are a consumer, the statutory places of jurisdiction apply. Should any provision be invalid, the remainder remains valid.