Terms and Conditions (User Agreement)
Effective Date: 19.09.2025
1. Parties and Acceptance of Terms
These Terms and Conditions (the “Agreement”) constitute a legally binding contract between Idphotobyai LLC, with registration number EIN 384355968 and address 8182, 1021 E Lincolnway, Cheyenne, WY, Laramie, US, 82001, operating the online service under the domain idphotoby.ai (hereinafter the “Company”, “we”, “us”, or “our”), and any natural or legal person accessing or using the Service (the “User”, “you”, or “your”).
By accessing or using the Service, you expressly acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you shall immediately discontinue use of the Service.
The scope of the Service Provider's business includes: providing the User with the Service Provider's offer and enabling them to perform, purchase, and download ("Services") photos for official documents in digital form ("Products"), as well as deliver the Products to the User (“Product Delivery”), or allow for pick up by the User in pick-up locations (“Product Pick-up”), and in the case of a User who has purchased a particular Product – also enabling such a User to express their opinion about that Product or the Service Provider through an entity cooperating with the Service Provider and in accordance with the terms set by that entity."
2. Provision of Services
2.1 The Company provides an AI-powered digital tool for the generation of passport, visa, and identification photographs by processing User-uploaded images (the “Service”).
2.2 The Service is provided solely for the User’s personal use and is not intended for commercial exploitation.
2.3 The Company does not guarantee that photographs generated by the Service shall be accepted by any governmental authority, embassy, airline, or other third party, whose requirements remain beyond the Company’s control.
3. User Obligations
3.1 The User warrants and represents that:
The Service is intended for individuals over the age of 16. Consequently, the Service Provider does not knowingly process personal data of children under the age of 16.
The User is obligated to verify their own photo in the Service.
The uploaded photograph is accurate, lawful, and free of infringing or offensive content.
The User has the necessary rights, licenses, and consents to upload and use the photograph.
The User shall verify compliance of the generated photograph with the requirements of the relevant authority.
3.2 The User shall indemnify and hold harmless the Company, its officers, directors, employees, and affiliates against any claims, damages, or losses arising from the User’s breach of these warranties.
4. Intellectual Property Rights
4.1 Ownership of the original uploaded photographs shall remain vested in the User.
4.2 The processed output shall be licensed to the User on a limited, non-exclusive, non-transferable basis strictly for personal identification purposes.
4.3 The Company retains all intellectual property rights in and to the Service, its software, and related materials.
5. Fees and Payments
5.1 Payments shall be processed exclusively through secure third-party providers (Stripe, PayPal, or equivalent).
5.2 By submitting payment, the User authorizes the Company or its payment processors to charge the specified fees.
5.3 Refunds shall be governed exclusively by the Refund and Cancellation Policy, which forms an integral part of this Agreement.
6. Limitation of Liability
6.1 The Service is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.
6.2 To the maximum extent permitted by applicable law, the Company disclaims all liability for:
The rejection of photographs by any authority;
Loss of data, profits, business opportunities, or consequential damages;
Unauthorized access, use, or alteration of User data by third parties.
6.3 In no event shall the Company’s total aggregate liability exceed the amount actually paid by the User for the Service giving rise to the claim.
7. Force Majeure
Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement (other than payment obligations) if and to the extent that such failure or delay is caused by or results from events, circumstances, or causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, governmental actions, labor strikes or lockouts, interruption or failure of utility services, or any other event which could not reasonably have been foreseen or prevented (a “Force Majeure Event”).
The affected Party shall:
Promptly notify the other Party in writing of the occurrence of the Force Majeure Event and its expected duration;
Use all reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as reasonably possible; and
Not be deemed in breach of this Agreement during the continuation of the Force Majeure Event, provided that performance resumes promptly after the event ceases.
If the Force Majeure Event continues for a period exceeding 90 days, either Party may terminate this Agreement upon written notice to the other Party without incurring liability, save for obligations accrued prior to the Force Majeure Event.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Delaware, USA, without regard to its conflict of law principles. Any disputes shall fall within the exclusive jurisdiction of the courts of Delaware, USA.
9. Amendments
The Company reserves the right to amend or update this Agreement at its discretion. Any modifications shall take effect upon publication on the Website. Continued use of the Service constitutes acceptance of the amended Agreement.