PassportPhotoFlowThese Terms of Service, which we'll refer to simply as the "Terms," set out the rules by which you may use our Services. The Terms explain how our Services work and provide you with a list of the "dos and don'ts" when using them. These Terms are more than just rules though – they form a legally binding contract between us and you that you accept when clicking on the box marked "I agree" or by continuing to use our Services. Please read through this document carefully and make sure these Terms are acceptable to you. If you don't agree to any of these Terms, do not click "I agree" and do not continue using the Services. If you have any questions, please don't hesitate to contact us at support@passportphotoflow.com.
Table of Contents
1. The Basics
1.1 Key Terms
We are PassportPhotoFlow, a business managed by Mobile Flow Ltd, and we'll refer to ourselves as "PassportPhotoFlow," "us," "our," or "we."
When we use the term "you," we mean anyone using our Services. If you are registering for the Services on behalf of a company or organization, the term "you" is also meant to refer to that company, where it makes sense from the context. When we mean to refer only to such company, we'll use the term "Customer".
When we refer to our "App" we mean our web app that provides passport and visa photo preparation services, and when we refer to our "Services," we mean any services available on the App.
1.2 Privacy
When you use our Services, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice at https://passportphotoflow.com/privacy/ for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
1.3 Changes to these Terms
We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you're aware of the Terms that apply to you. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.
2. Our Services
Subject to these Terms, PassportPhotoFlow allows you to use the Services on a non-exclusive basis for your own or the Customer's internal business purposes. The following product terms apply to the Services:
- The service helps prepare a photo that meets published requirements; acceptance is decided by the receiving agency and is not guaranteed.
- Independent service, not affiliated with the U.S. Department of State or any government agency.
- One-time purchase; no subscription or recurring charge.
- You may take or upload only a photo of yourself or of a child for whom you are the parent or legal guardian.
- Photos are kept only on your device, never on our servers, and are deleted from it 24 hours after upload if unpaid or 30 days after purchase.
- Full refund if we fail to deliver your files, a technical fault on our side cannot be fixed, or you were charged twice.
- If you have not downloaded your files yet, you can ask for a refund within 14 days of purchase.
- If the passport or visa office rejects your photo for a requirement our check covers, send us the rejection notice within 30 days of purchase and we will help you retake it free of charge, or refund you if a retake does not solve it.
- Otherwise, purchases are not refundable once the files have been downloaded; this does not affect your statutory rights, and Paddle's buyer terms also apply as the merchant of record.
- One-time charge. Your files are delivered as soon as payment is complete. Once you download them, refunds are limited to the cases in our refund policy; your statutory rights are not affected.
- Acceptance is decided by the passport agency and is not guaranteed.
- Not affiliated with the U.S. Department of State or any government agency.
- Photos stay on your device and are deleted automatically 24 hours after upload if unpaid, or 30 days after purchase.
- We never digitally alter your face or background - we only crop and size your photo to the required 2×2 inch size.
- We don't submit applications; government fees are separate.
2B. Eligibility, Consent and Availability
Age. You must be at least eighteen (18) years old to use the Services or to place an order.
Whose photo you may take or upload. You may take or upload a photo only of yourself or a child for whom you are the parent or legal guardian. A parent or legal guardian must take or upload a child's photo and gives consent on the child's behalf; a child may not use the Services.
Biometric consent. Before any photo is taken or uploaded, we ask you to sign, electronically, the consent described in our Biometric Data Retention and Destruction Policy. Without it, the Services cannot check a photo.
Your agreement. By selecting the button to pay for your order, you agree to these Terms, including the product terms in Section 2, and confirm that you have read our Privacy Notice.
Where photo capture is available. Photo capture is not currently available in Illinois or Washington. If you are located there, as determined from your IP address, the Services will not let you take or upload a photo or place an order.
Consumer health data. If you live in Washington or Nevada, our Consumer Health Data Privacy Policy also applies.
3. Your Orders
3.1 No Account Needed
You do not need to create an account to use our Services. We link each purchase to a private order link and the email address you give at checkout (where we send your receipt). Keep your order link and the emails we send you private: anyone who has the link can open your order until its files are deleted.
3.2 Reservation of Rights
Subject to applicable law, PassportPhotoFlow may refuse or cancel any order at its sole discretion. If we cancel an order you paid for, we refund it in full.
3.3 Unauthorized Use
Please tell us immediately at support@passportphotoflow.com if you think someone else has your order link. To the fullest extent permitted by applicable law, PassportPhotoFlow will not be responsible for any losses or damage arising from someone else using an order link that you shared or that was taken from your email. While we reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services, we cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
4. Fees and Payment
4.2 Refunds
Refunds are available as described in the product terms in Section 2. Purchases on our website are sold and billed by our reseller and merchant of record, Paddle.com. Refund requests may be submitted to us at support@passportphotoflow.com or to Paddle in accordance with its buyer terms. Nothing in these Terms limits any refund rights you have under the mandatory consumer law that applies to you.
4.3 Taxes
Where applicable, taxes, including VAT, may also be charged. If payments are subject to tax withholding, the amount to be withheld will be added to the fees charged.
4.4 Third-Party Processors
If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that service. Please review the payment processor's terms and conditions and privacy notice before using such services. Our order process for website purchases is conducted by our online reseller Paddle.com, which is the merchant of record for those orders and handles billing and payment-related inquiries.
4.5 One-Time Purchases
The App and Services offer one-time purchases (e.g., a single order of your finished photos). A one-time purchase is charged once, immediately, and never renews. The price and what is included are shown before you pay, and refunds are available as described in Section 2 and Section 4.2.
By completing a one-time purchase, you agree to the applicable fees and terms associated with such purchase. We may change or stop offering a one-time purchase at any time; this does not affect a purchase you have already completed.
5. Use Restrictions
You may not do or attempt to do or allow a third party to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the code or software used to provide the Services, including framing or mirroring the Services; (2) copy, modify, or distribute the Services; (3) circumvent or interfere with security-related features of the Services or features that restrict use of or access to any content; (4) use any robot, spider, site search or retrieval application, or any other process to retrieve, index, and/or data-mine the content on the Services or otherwise circumvent the navigational structure of the Services; (5) use another's account without permission; (6) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; and (7) use the Services in any manner not permitted by applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws or use in countries subject to sanctions under applicable law.
You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
6. Representations
By accepting these Terms, you represent that: (a) you are at least 18 years old and have the ability to form a binding contract; (b) your use of the Services will not violate any applicable law or any obligation you have to a third party; (c) all the registration information you submit is and will remain truthful and accurate. If you are registering on behalf of the Customer, you further represent that you are authorized to bind the Customer to these Terms. You also represent that the Customer is duly organized under applicable law, it has the authority to enter into these Terms, and that by doing so and using the Service, it will not be in conflict with any obligations it has to any third party or any legal requirement.
7. Privacy
If you provide us with any Personal Data about other people or any other individuals whose data is included in your User Content, you represent that: (i) you have provided all necessary notices and have, and will maintain all necessary rights and legal bases required under applicable law to provide us with the Personal Data of such individuals in order to allow us to process and share such data in order to provide the Services, all as detailed in our Privacy Notice; (ii) you will maintain a record of such legal bases, as required under applicable law.
8. Intellectual Property
Our Property. We retain all worldwide intellectual property rights, title, and interest in our App and our Services, including their overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Services, any content we provide, and our name, trademarks, and logos. In some cases we have obtained the right to use certain elements of our Services from others and in that case, those elements are owned by their respective owners. Even though we're allowing you to use our Services, that doesn't mean that we're transferring ownership or any other rights to you or that we're allowing you to use our name, any trademarks, logos, or similar property as your own.
Your Property. When you provide User Content through the Services, that content remains yours. By providing User Content, you do allow us to use it in connection with the Services, including copying, modifying, and preparing derivative works of it where necessary in order to provide the Services. If you provide us with any feedback regarding our Services, you agree that we may use it and share it freely.
9. User Content
User Content. The term "User Content" shall refer to any materials that you provide, including any photos or text you upload, as well as any accompanying information provided by you.
User Content Restrictions. You are and shall remain at all times fully and solely responsible for any User Content that you provide. You may not provide any User Content or act in any way that: (i) violates the legal rights of others; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of any third party or will cause us to infringe on any such rights; (iii) is (or you reasonably believe or should believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) is in breach of any applicable laws, rules, or regulations; (v) contains material we reasonably determine to be offensive, including that which promotes, hate, violence, or discrimination; (vi) constitutes a harassment or threat; and/or (vii) contains obscene material.
10. Indemnification
You agree to indemnify, defend, and hold harmless PassportPhotoFlow, and its employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys' fees, and any fines that may be incurred that arise directly or indirectly from your: (a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Services; (c) violation of any law or regulation, including breach of applicable data protection laws; and/or (d) infringement of any right of any third party.
We agree to indemnify, defend, and hold you harmless from and against any claim, damage, or loss, including reasonable court costs, attorneys' fees, and any fines that you may incur in connection with any actual or threatened claim, demand, action or other proceeding by any third party arising from or relating to a claim that the Services, as delivered, infringe any patent or copyright or misappropriate any trade secret, provided however, that we shall have no responsibility or liability for any claim to the extent resulting from or arising out of (a) the use of the Services not in compliance with these Terms or applicable law; (b) the combination of the Services with any services that we did not provide; (c) the modification of the Services by any party other than us; or (d) the use of any version of the Services that is not the most up-to-date version.
Either party claiming indemnification under this Section ("Indemnitee") shall: (i) provide the other party ("Indemnifying Party") with written notice of a claim promptly upon becoming aware thereof; (ii) allow the Indemnifying Party to control the defense and settlement of the claim, provided that no settlement may be entered into without the consent of the Indemnitee if such settlement would require any action on the part of Indemnitee and further provided that Indemnitee may engage its own counsel at its own expense; and (iii) reasonably cooperate with the Indemnifying Party, at the Indemnifying Party's expense, in the defense and settlement of the claim.
11. Disclaimers
DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE APP OR SERVICES INCLUDING WITHOUT LIMITATION THAT THE SERVICES WILL BE OF GOOD QUALITY, USEFUL FOR YOUR SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER.
Third Parties. We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services.
Users. We cannot anticipate or control the actions or inactions of anyone else, including our clients, users, or unauthorized users. Therefore, WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), THAT ARE NOT SOLELY DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
User Content. User Content comes from sources outside of our control, we take no responsibility for the accuracy, usefulness, safety, appropriateness, or non-infringement of any User Content; your use of any User Content is at your own risk. We do not endorse any opinions or recommendations expressed in any User Content.
In light of the above, you understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PASSPORTPHOTOFLOW (AND ITS EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PASSPORTPHOTOFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM AND AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ANY CAUSE OF ACTION WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE.
13. Term and Termination
13.1 Term
These Terms will take effect when you accept them or when you first use the Services and shall continue in full force and effect until they are terminated in one of the ways described below.
13.2 Termination by PassportPhotoFlow
We may refuse or cancel an order, or stop providing the Services to you, at any time if: (i) you violate the letter or spirit of these Terms; (ii) you engage in fraudulent, abusive, or illegal behavior or harass or harm other users, third parties, or our business interests; or (iii) you fail to pay any fees you are required to pay, including if you initiate a chargeback. We may also stop offering the Services for any other reason; if we then cancel an order you paid for before it was delivered, we refund it in full.
13.3 Survival
Even after these Terms end, you will still be bound by the sections of these Terms which, by their nature, are meant to survive termination.
15. Force Majeure
Neither party will be liable for any default or delay in its performance of its obligations under these Terms to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence. It is clarified that payment obligations hereunder may be delayed due to a force majeure event but will not be excused.
16. Notices
To provide an official notice in accordance with these Terms, either we or you may send a notice by courier, registered mail, or by email to the addresses we provide to each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.
17. General
These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.
17.1 Governing Law, Forum, and Disputes
Except as provided below, these Terms are governed by the laws of the State of Israel, without regard to its conflict-of-laws rules and without regard to the United Nations Convention on the International Sale of Goods, and the competent courts of the State of Israel shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.
These Terms do not require you to resolve disputes through binding arbitration, and they do not waive your right to participate in a class, collective, or representative action, to the extent such rights are available to you under applicable law.
If you are a consumer residing in the United States (or in any other jurisdiction whose law grants you non-waivable rights), nothing in these Terms deprives you of the protection of the mandatory consumer-protection provisions of the law of your place of residence, and you may be entitled to bring, or have heard, claims in the courts of your place of residence where applicable mandatory law so provides. The governing-law and exclusive-forum provisions above apply only to the extent permitted by the mandatory law applicable to you.