Terms of Service

1. Acceptance of Terms

These Terms are a binding agreement between you and IDpho (“IDpho”, “we”, “us”, or “our”). By accessing or using the IDpho website or any of our services (collectively, the “Service”), uploading a photograph, or completing a purchase, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use the Service.

You represent that you are at least the age of majority in your jurisdiction and legally able to enter into these Terms. If you are using the Service on behalf of another person or entity, you represent that you have authority to bind that person or entity, and “you” refers to both you and them.

2. Description of the Service

IDpho provides an automated online tool that formats and edits a photograph you upload so that the resulting image is intended to meet commonly published requirements for certain government-issued documents and IDs (such as dimensions, DPI, background color, and face positioning). IDpho is an independent, private service and is not affiliated with, endorsed by, or sponsored by any government, consulate, embassy, or issuing authority.

The Service may change, be modified, suspended, or discontinued at any time without notice and without liability to you.

3. No Guarantee of Acceptance

You are solely responsible for verifying, before submitting any photograph to any authority, that the photograph meets all requirements applicable to your specific use case. You are solely responsible for any consequence — including rejection, delay, loss of fees, missed deadlines, travel disruption, inability to obtain a document, or any other harm — that results from the use, non-use, rejection, or non-acceptance of a photograph produced by the Service.

4. Your Responsibilities and Acceptable Use

You agree that:

• You will upload only photographs of yourself, or photographs of another person for whom you have obtained all necessary rights, permissions, and consents (including any parental or guardian consent).
• You will not use the Service to create, modify, or obtain any document, identification, or image for any fraudulent, deceptive, unlawful, or impersonation purpose.
• You will not upload any content that infringes any intellectual property, privacy, publicity, or other right, or that is unlawful, harmful, harassing, defamatory, obscene, or otherwise objectionable.
• You will not attempt to probe, scan, reverse engineer, interfere with, disrupt, or gain unauthorized access to the Service or any related systems, including those operated by our service providers.
• You will provide an accurate email address for delivery and you accept full responsibility for the security of that email account.
• You will independently verify, before using it, that any photograph produced by the Service actually meets the requirements that apply to you.

We may suspend, terminate, or refuse to provide the Service to you at any time and for any reason, including suspected violation of these Terms, without liability.

5. Payments; No Refunds

Fees are payable in advance and must be paid in full before we deliver the final, watermark-free photograph. All payments are processed by our third-party payment processor (Stripe). Prices are shown at the point of purchase and may change at any time. You are responsible for any applicable taxes.

All sales are final. To the maximum extent permitted by applicable law, we do not offer refunds, including but not limited to refunds for photographs that are rejected by any authority, user error (for example, an incorrect country or document type, poor input photo quality, or wrong email address), delivery issues caused by email providers or spam filters, or dissatisfaction with aesthetic aspects of the output. If you believe there is a genuine technical defect with your order, please contact us and, at our sole discretion, we may re-process your photograph; any such accommodation is a courtesy and is not an admission of liability.

6. Delivery by Email; Third-Party Email Provider

The processed photograph is delivered by email using a third-party transactional email provider (currently Resend). By using the Service, you authorize us and our email provider to transmit your email address, the processed photograph, and related metadata through their infrastructure for the purpose of delivering your order.

You acknowledge and agree that (a) Resend and its infrastructure may, for operational, deliverability, debugging, abuse-prevention, logging, and/or compliance purposes, temporarily store emails (including the attached photograph) and related metadata, for a period determined solely by Resend and outside our control; (b) intermediate email servers and the recipient’s mail system may likewise retain copies of the email and its attachments; (c) email is an inherently unreliable medium and we do not guarantee that any email will arrive, arrive on time, avoid spam or promotional folders, or be deliverable to any given address; and (d) IDpho does not control and is not responsible for Resend or any other email provider.

To the maximum extent permitted by applicable law, IDpho disclaims all liability arising from or relating to: Resend’s storage, retention, deletion, loss, disclosure, or use of emails or attachments (including photographs); email non-delivery, misdelivery, delay, or interception; the acts or omissions of any email provider, email server, or recipient email system; and any access to your photograph, email, or account by any third party (including any person with access to your email account).

7. Third-Party Services Generally

The Service uses, integrates with, or links to services operated by third parties, including without limitation Stripe (payment processing), Resend (email delivery), and various hosting, infrastructure, and security providers. Each such third party is independently responsible for its own service and is governed by its own terms and privacy policy. IDpho does not control, endorse, or assume responsibility for any third-party service, and to the maximum extent permitted by applicable law, we disclaim all liability arising from or relating to any third-party service, including their availability, accuracy, security, data handling, acts, or omissions.

8. Intellectual Property and Licenses

You retain ownership of the photographs you upload. By submitting a photograph to the Service, you grant IDpho and its service providers (including Stripe and Resend) a worldwide, royalty-free, fully paid-up, non-exclusive license to host, store, transmit, process, modify, reproduce, display, and create derivative works of that photograph to the extent necessary to operate and provide the Service, including delivering the processed photograph to you and complying with legal obligations. You represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant this license.

All other content on the Service — including the website, software, design, text, graphics, logos, and other materials — is owned by IDpho or its licensors and is protected by intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. All other rights are reserved.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”.

To the maximum extent permitted by applicable law, IDpho, its affiliates, and its and their officers, directors, employees, agents, licensors, and service providers (together, the “IDpho Parties”) disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, uninterrupted or error-free operation, security, or that the Service will produce a photograph that satisfies any specific requirement or will be accepted by any authority. Without limiting the foregoing, the IDpho Parties do not warrant that (a) the Service will meet your requirements, (b) any photograph will be accepted by any authority, (c) the Service or any delivery email will be timely, secure, or error-free, (d) any errors will be corrected, or (e) the Service or its servers are free from viruses or other harmful components.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) In no event will any of the IDpho Parties be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, images, business opportunities, travel costs, visa or application fees, missed deadlines, or substitute services, arising out of or in connection with these Terms or the Service, whether based on warranty, contract, tort (including negligence), statute, strict liability, or any other legal theory, and whether or not the IDpho Parties have been advised of the possibility of such damages.

(b) In no event will the aggregate liability of the IDpho Parties to you for all claims arising out of or relating to these Terms or the Service, regardless of the form of the action, exceed the greater of (i) the amount you paid to IDpho for the specific order giving rise to the claim in the three (3) months preceding the event giving rise to the liability, or (ii) USD $5.

(c) The foregoing limitations apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you; in such jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Assumption of Risk

You acknowledge that you use the Service voluntarily and at your own risk, and you assume full responsibility for: (a) the decision to use the Service and any photograph it produces; (b) all consequences of any rejection or non-acceptance of such a photograph by any authority; and (c) the security and handling of the delivered photograph and email after it leaves our systems.

12. Indemnification

You agree to defend, indemnify, and hold harmless the IDpho Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms or any applicable law; (c) your violation of any right of any third party, including any intellectual property, privacy, or publicity right; (d) the content of any photograph you upload; or (e) any consequence of a photograph produced by the Service being rejected by, or submitted to, any authority.

13. Force Majeure

IDpho will not be liable for any failure or delay in performance that is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, pandemic, labor disputes, failures or interruptions of power, internet, hosting, or third-party services (including Stripe, Resend, DNS, or email providers), or cyberattacks.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including suspected breach of these Terms. Sections that by their nature should survive termination (including Sections 3, 5–12, and 14–17) will survive.

15. Governing Law; Dispute Resolution

These Terms and any dispute arising out of or relating to them or to the Service will be governed by the laws of the jurisdiction in which IDpho is established, without regard to its conflict of laws rules, and you agree to submit to the exclusive jurisdiction of the courts of that jurisdiction, except where prohibited by applicable law. Any claim must be brought within one (1) year after the cause of action arises, or it is permanently barred to the extent permitted by law. Each party waives any right to a jury trial and to participate in any class or representative action, to the extent permitted by applicable law.

16. Changes to these Terms

We may modify these Terms at any time by posting the revised version on this page and updating the “Last updated” date above. Your continued use of the Service after any such change constitutes your acceptance of the revised Terms.

17. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and IDpho regarding the Service and supersede any prior agreements. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be enforced to the maximum extent permitted by law. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign them freely. There are no third-party beneficiaries of these Terms, except that the IDpho Parties are intended beneficiaries of Sections 9, 10, and 12.

18. Contact

For questions about these Terms, please visit our contact page.