TERMS AND CONDITIONS - passportsizephoto.com

Last edited: July 18, 2023

Please read carefully the terms and conditions below, as they are legally binding if you decide to use passportizephoto.com service operated by Blacksoil LLC.

I. DEFINITIONS

Operator - Blacksoil LLC.

Website - passportsizephoto.com website belonging to the Operator and enabling the placement of orders for the services provided by the Operator, either directly or indirectly.

User - a person who has visited or is using the Website

Stripe - merchant of record (MOR) that is authorized, and held liable, by a financial institution to process User’s credit card and debit transactions on the Operator’s behalf.

Consent - permission to process biometric data in the form of a photo of the User’s face. This is done in order to generate edited photos containing the User’s face.

II. TERMS OF AGREEMENT

1. The agreement shall be deemed concluded upon initiation of use of the Website by the User. The User has the right to receive the purchased services upon making all the required payments to the Operator.
2. The agreement is concluded for a specified term. The agreement is terminated upon the expiration of the service.
3. The agreement may be terminated unilaterally by the User at any time without giving reasons. In this case, the User is not entitled to the reimbursement of the fees previously paid to the Operator or any additional remuneration.
4. The agreement may be terminated unilaterally by the Operator with stated reasons in the event of:

• Payment arrears for the use of services provided by the Operator,
• Provision of incomplete or incorrect personal data by the User,
• Abuse of the Website, such as, making large number of image processing requests that interfere with the Website’s operation,
• Clear breach of the provisions of these Terms and Conditions,
• Clear violation of the law.

III. USE OF SERVICES

1. The primary channel of communication between the Operator and the User is via email: support@passportsizephoto.com. The Operator is not responsible for the consequences of failure to extend the service validity period or failure to deliver other important messages, resulting from the failure to deliver appropriate notifications to the specified e-mail address of the User.
2. In order to use the service, the User needs to agree to the processing of his biometric data in the form of a photo of the User’s face in order to generate edited photos containing the User’s face (“the Consent”).
3. The User is obliged to provide only his/her personal photo or is authorized to use third persons data in accordance with existing legal standards.
4. Using the website as an unregistered User, means the necessity to express the Consent each time in order to use the service.
5. The User agrees to use the services provided by the Operator in a manner not affecting the rights of third parties (personal rights, copyrights), good manners, generally applicable principles of international law. The User’s use of services should be for private, personal, and legitimate consumer purposes.
6. If the User registers services on someone else's behalf he is responsible for the existence and scope of the authorization granted by the third party for the purpose of registration of services.

IV. SCOPE OF SERVICE

1. The Operator gives access to the passportsizephoto.com service, which allows automated editing of photos containing the User’s face.
2. Photos generated by the passportsizephoto.com service may be rejected by the authorities and the Operator is not responsible for any loss or expense arising therefrom.
3. Access to the results is granted for a brief period of time (several minutes) following the payment as long as the user remains on the page. If the User does not download the results within this time and/or abandons the download page, the results may be discarded and the User may not be able to access them.
4. The operator leaves right to elaborate and implement internal security protocols to avoid abuse of service.
5. If data security unit reveals abuse of service, User will be banned permanently without right to refund.

V. PAYMENTS AND SETTLEMENTS

1. Available payment methods are handled fully by a merchant of record (Stripe).
2. In any case, when referring to the time of payment for services, it shall be understood as the moment when the positive payment is recorded on a merchant of record’s account.
3. Invoices are generated on demand by Stripe.
4. The Subscriber agrees to receive invoices by electronic means of communication.

VI. REFUNDS

1. No refunds will be issued. The User can ascertain image quality prior to payment using the provided digital proof.

VII. OPERATOR’S LIABILITY AND COMPLAINTS

1. The Operator shall provide services correctly as described on the Website.
2. The Operator is not responsible for generated image quality.
3. Photos generated by the passportsizephoto.com service may be rejected by the authorities and the Operator is not responsible for any loss or expense arising therefrom.
4. Contact form communication channel requires the use of understandable English.

VIII. FINAL PROVISIONS

1. For the correct use of the service the User declares that they have the appropriate hardware (allowing the use of the Internet), Internet access, and software, in particular a web browser that supports HTML, CSS, JavaScript.
2. The User is aware of the risks associated with the use of the service, protection of local and remote computer systems against unauthorized access by third parties and the use of virus protection systems to protect against malware.
3. The Operator reserves the right to make changes to these Terms and Conditions. These Terms and Conditions come into force on the date of their publication on the website of the Operator and since that time they shall be applied to newly signed or renewed agreements with the Operator.
4. Changes in the contents of the appendices and supporting documents do not constitute a change in the contents of these Terms and Conditions and the agreement.
5. For the purpose of the performance of these Terms and Conditions and the agreement, the Common law shall apply. In the case of any disputes relating to these Terms and Conditions law provisions, including the provisions of the Civil Code and relevant laws shall apply.
6. Any legal disputes between the Operator and the Subscriber shall be settled by a common court having jurisdiction in New York, USA.
7. Any questions regarding the terms of service shall be sent to the Blacksoil LLC. Email: support@passportsizephoto.com Location: New York, NY, USA.