Terms of service

Terms of Service

Draft for attorney review, not yet reviewed.

Effective date: [Effective date] Last updated: [Date]

These terms are the agreement between you and Jacobi RE Holdings LLC ("AI Photographer", "we", "us") for the use of aiphotographer.ai and the photo service at photos.aiphotographer.ai. By using the site or buying anything from it you agree to them. If you do not agree, do not use the service.

Plain language matters to us, so these terms are written to be read. Where a section carries legal weight beyond its plain meaning, it says so.

1. Who we are, and who we are not

AI Photographer is a private company. We are not part of, affiliated with, endorsed by or acting for the United States government, the US Department of State, US Citizenship and Immigration Services, or any other government agency. Nothing we sell is an official government document or service. Government fees for passports and other documents are separate from anything you pay us and are paid to the government directly.

Whether a passport photo is accepted is always the government's decision. We check photos against the rules the State Department publishes at travel.state.gov, and we stand behind that check with the guarantee in Section 6, but we cannot accept a photo on the government's behalf and we make no promise that any government will accept any photo. The rules can change, and a reviewing officer can reject a photo for a reason the published rules do not cover.

2. What the service does

You take or upload a photo. Our software and, where needed, the third party services named in our privacy policy process it for the purpose you chose: a passport photo cropped and sized to the published rules and checked against them, a product photo on a white background, or a headshot with an edited background, lighting and color. You see a preview and the results of any checks, and you decide whether to pay. After payment we deliver the finished photo by email, and if you chose it, as prints picked up at a pharmacy or mailed to you.

We do not alter faces. In headshots we edit what is around the face. In passport photos we crop, size and check. We do not apply filters or change how a person looks in any product.

3. Your photo and your promises about it

You own your photo. You keep every right in the photo you upload and in the finished photo we deliver. You give us a limited license to store, process, copy and transmit the photo, and to send it to the subprocessors named in our privacy policy, only as needed to make and deliver your order and to handle any guarantee claim. That license ends when your files are deleted, no later than 30 days after your order.

You promise that:

  • The photo is of you, or of a person who has given you permission to upload it and to have their face processed as described in our privacy policy, or of your own child for whom you are a parent or legal guardian.
  • You will not upload photos of other people's children.
  • You will not use the service to impersonate anyone, to make a photo for a document in someone else's name, or to make any document application that is fraudulent.
  • You will not upload content that is unlawful, that you do not have the right to use, or that contains anyone who has not consented.
  • For a passport order, the photo was taken within the last 6 months, and you will confirm that on the screen before you pay.

If you break one of these promises, we can cancel the order, refuse a refund, and delete the files. We can also report fraud to the authorities.

Biometric consent. Making your photo involves measuring the position and state of the facial features in it. Before the camera opens or an upload begins you will be asked to agree to that, with the notice required by state biometric laws. Our privacy policy explains it in full. You cannot use the service without agreeing.

4. Ordering, payment and delivery

Prices are in US dollars and are shown on each product page. Taxes are added at checkout where the law requires. Prices can change; the price you pay is the one shown when you pay.

Payment is taken by Shopify on our behalf. One photo is one payment. No account is created for a one time purchase.

Digital delivery. The finished photo is emailed to the address you gave, usually within a minute of payment, with a download link that works for 30 days. It is your responsibility to give a correct email address and to save the file before the link expires. If the email does not arrive, check your spam folder, then contact us and we will resend it.

Pharmacy pickup. We place a print order at the Walgreens, CVS, Walmart or Target store you chose. The store charges you its own print fee, about 50 cents, when you collect; that fee is the store's, not ours, and is not included in our price. We tell you by email when the order is ready, with the ready time, the store address and the pickup number. Ready times are estimates. During our print hours, 8 AM to 8 PM Eastern, orders are usually ready within an hour; outside those hours the ready time shown before you pay applies. If the store you chose cannot fill the order, we may move it to the nearest store that can and will tell you. The pharmacy is not our agent and we are not responsible for its opening hours or its staff, though we will fix any problem we can.

Mailed prints. Prints are made at our fulfillment center and shipped by USPS First Class to the address you gave at checkout, normally the same business day. Postage is included in the price. Delivery times are USPS's, not ours. If prints arrive damaged or do not arrive within [N] days, tell us and we will send a new set at no charge. We ship within the United States only.

Preview and approval. You approve the preview before you pay. If a check fails and you choose to continue anyway, you are choosing to buy a photo we told you may be rejected, and the guarantee does not cover it.

5. Photo deletion and your data

Your uploaded photo, the finished files and any facial measurements are deleted 30 days after your order, or immediately when you press the delete now link on your order page. We never use your photos to train, improve or evaluate any artificial intelligence or machine learning model. Our privacy policy is part of these terms.

6. The guarantee

Passport photos: accepted or double your money back. If the US Department of State rejects a passport photo that our checks approved, we will refund two times the full price you paid for that order, including any pickup or mailing fee, to the payment method you used.

To claim, send us the rejection notice, letter or email from the State Department, within 90 days of your order, either by email to hello@aiphotographer.ai or through the refund link on your order page. We issue the refund within 3 business days of receiving a valid claim.

The guarantee does not apply if:

  • you used a photo after our check failed it and you chose to continue anyway;
  • the photo was more than 6 months old when you submitted it to the State Department;
  • the rejection was for a reason unrelated to the photo (for example a form, fee or document problem);
  • the photo was changed by you or anyone else after we delivered it, including cropping, filtering or reprinting on non photo paper; or
  • the claim is fraudulent or the notice is not genuine.

One claim per order. The guarantee is our only promise about acceptance, and double the price paid is the most we will refund under it.

Headshots: it will look like you. If your headshot does not look like you, tell us within 14 days of your order and we refund the full price. This is judged in good faith; a headshot that is recognizably you but that you do not like the look of is covered by the general refund policy, not this promise.

Other refunds are described in our refund policy, which is part of these terms.

7. Seller Plan and Team Plan (subscriptions)

What you get. The Seller Plan gives you a monthly balance of product photos (40 for $14.95 a month, or 150 for $29.95 a month). The Team Plan gives a team a monthly balance of 5 headshots for $19.95 a month. Annual plans, where offered, are billed once a year at the price of ten months.

Billing. Your plan is billed to your payment method on the same date each month (or each year for an annual plan), starting the day you subscribe, until you cancel. We email you a reminder 7 days before each renewal. You must keep a valid payment method on file; if a charge fails, we will retry it and pause the plan until it succeeds.

Roll over. Photos or headshots you do not use in a month roll over into the next month, once. A balance that has already rolled over expires at the end of that second month. Balances are not cash, cannot be transferred or sold, and have no value outside the service.

Cancel any time. You can cancel from the link in any plan email or from your plan page. Cancellation takes effect at the end of the current billing period. You keep your balance until then. We do not refund months already billed, including the current one. For an annual plan, cancellation stops the next annual charge; the months already paid for run to the end of the year and are not refunded.

Changes. If we change the price or the contents of a plan, we will email you at least 30 days before the change takes effect, and you can cancel before it does.

Consent. A plan is only ever started by your explicit choice on a screen that shows the price, what it includes, the renewal date and how to cancel. We never pre select a plan or convert a free trial into a paid plan without that choice.

Sign in. Plan customers sign in with a link we email. You are responsible for keeping your inbox secure. Tell us at once if you think someone else has used your link.

8. Teams

A team admin who buys a Team Pack or sets up a Team Plan agrees to the following on behalf of the organization:

  • The admin has authority to buy on the organization's behalf and to invite the people they invite.
  • The admin is responsible for making sure that every person invited has agreed, before taking their photo, to have their photo and facial measurements processed as described in our privacy policy. Each member is also shown the notice and asked to agree on their own phone, but the admin's confirmation is a condition of the team being set up.
  • The admin will not invite anyone under 18.
  • The admin will use the finished headshots only for the organization's legitimate purposes and will honor a member's request to delete their headshot.
  • Where invoice billing is used (25 seats and up), payment is due within 30 days of the invoice date. Unpaid invoices may result in the team link being paused.

Team Pack seats are one time purchases. [Decide: are unused seats refundable, and within what period?]

9. Acceptable use

Do not: use the service for any unlawful purpose; upload anyone's photo without their permission; upload sexual content, or any content involving a minor other than your own child's passport or ID photo; attempt to access other customers' files; scrape, copy or resell the service; interfere with the service or try to get around its limits; or use the finished photos to deceive anyone about who a person is. We can suspend or refuse service to anyone who does.

10. Our content

The site, the software, the guidance, the text and the design are ours or our licensors' and are protected by copyright and other laws. You may use them to use the service and for nothing else. Photos you upload and receive are yours, as Section 3 says.

11. Disclaimers

Apart from the guarantee in Section 6 and anything the law does not let us disclaim, the service is provided "as is" and "as available". We do not promise that it will be uninterrupted or error free, that any government or marketplace will accept any photo, or that a headshot will get you a job, a match or a client. Passport photo rules are set and interpreted by the government, and the checks we run are our reading of the published rules, not the government's.

12. Limitation of liability

To the fullest extent the law allows, our total liability to you for anything arising from the service or these terms is limited to the amount you paid us for the order in question, except that a valid guarantee claim under Section 6 is paid at the amount stated there. We are not liable for indirect, incidental, special or consequential losses, including a missed trip, a missed appointment, a delayed application, lost sales or lost profits, even if we were told they could happen. Some states do not allow some of these limits, so some of them may not apply to you.

13. Indemnity

If someone brings a claim against us because you broke a promise in Section 3 or 8, for example because you uploaded a photo of a person without permission, you agree to cover our costs and losses from that claim.

14. Disputes

[Attorney: choose governing law and venue, and decide whether to include an arbitration clause with a class action waiver and a 30 day opt out. Suggested: the laws of the State of [State], and courts located in [County, State], for anything not resolved informally.]

Before starting any formal dispute, email hello@aiphotographer.ai with "Dispute" in the subject. Most problems are a refund away, and we will try to settle it within 30 days.

15. Changes to these terms

We can change these terms. When we do, we update the date at the top. For a change that affects a plan or team, we email you at least 30 days before it takes effect. Your continued use after that date means you accept the change. The terms in force when you placed an order apply to that order.

16. General

If any part of these terms is found unenforceable, the rest still applies. These terms, the privacy policy and the refund policy are the entire agreement between us about the service. You may not transfer your rights under them; we may transfer ours to a successor of the business. Our not enforcing a term is not a waiver of it.

17. Contact

Jacobi RE Holdings LLC 11 East 86th Street, 20th Floor, New York, NY 10028 hello@aiphotographer.ai [Support phone number, if any]