Regulations for using the AI-photo service

§ 1. General provisions

1. This Terms and Conditions ("the Terms and Conditions") govern your use of the website accessible at aipassportphotos.com (hereinafter "the Website") and through dedicated mobile applications ("Mobile Applications").

2.The service is operated by AI-photo of Hong Kong Soouya Technology Limited with its registered office in Room 1318-19, Hollywood Plaza, 610 Nathan Road, Mongkok, Kowloon, Hong Kong("Service Provider").

3. User, within the meaning of the Terms of Use, is any person who visits or uses the Service through a web browser or through the Service Provider's Mobile Applications ("User").

4. The Service Provider's business is to make available to the User the Service Provider's offer and to enable the User to take, purchase and download ("Services") photos for official documents in digital form ("Products").

5. The provision of the offer to the User by the Provider via Mobile Applications is free of charge. In particular, the mere download of Mobile Applications and browsing through the Service Provider's offer is not subject to a fee. The Service Provider's offer may be subject to change. The costs incurred by the User are related to the purchase of Products.

§ 2. User Terms of Use

1. The service is intended for people over 16 years of age. Therefore, the Service Provider does not knowingly process personal data of children under 16 years of age.

2. The User agrees to verify his/her own image on the Website.

3. The User is obliged to consult with the law while using the Service, in particular the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws 1964 No. 16, item 93 as amended).

4. In order to use the Service, it is necessary for the User to have a device allowing access to the Internet, including a program for browsing its resources accepting cookies. Access to the Website is also possible through Mobile Applications. In order to use Mobile Applications it is necessary to use a mobile device working in the Android 6.0+ or iOS 9+ operating system.

§ 3. The powers and responsibilities of the Service Provider

1. The Service Provider is obliged to provide the User with a Product that is free of defects and suitable for the intended use.

2. The Service Provider is not liable for non-performance or improper provision of Services if it is caused by circumstances beyond the control of the Service Provider, for which the Service Provider is not responsible, in particular as a result of acts or omissions of telecommunications operators, providers of telecommunications links or electricity.

3. The Service Provider is not responsible for the content uploaded, stored or transmitted to the Service as part of the User's use of the Services.

§ 4. Conclusion of a service contract

1. A Contract for the provision of Services between the Service Provider and the User ("Contract") may not be concluded without acceptance of these Terms and Conditions from the Website or from the Mobile Application item.

2. A refusal to accept the Terms and Conditions shall result in the non conclusion of the Agreement. The Service Provider may refuse to provide Services to a given User only in the case of refusal to accept the Terms and Conditions.

§ 5. Purchase & Payment

Anyone who subscribes to Service or anyone who has permitted or caused another person to make a subscription on their behalf is deemed to have consented to and accepted liability for the payments under such Paid Plan.

User must keep all the billing data complete and accurate (such as order number, credit card number or credit card expiration date) and must promptly notify AI-Photo  if payment method has changed (for example, for loss or theft) or if the User becomes aware of a potential breach of security, such as the unauthorized disclosure or use of name or password. If User fails to provide any of the foregoing information, User agrees that AI-Photo may continue charging for any use of the Service unless User has terminated Agreement as set forth herein.

All sums payable to AI-Photo hereunder shall be paid in full, without deducting or allowing the deduction of any currency conversion, wire transfer, remittance, applicable tax or other charges related to the payment. 

The payment of the Service shall be made before the commencement of the Subscription Term. 

If your Paid Plan involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your subscription, you understand it will automatically continue and you authorize us (without notice to you, unless required by the applicable law) to collect the then-applicable fees and any taxes using any credit card we have on record for you.

You hereby authorize the Service to charge to your designated account, relating to the Service you select, and you agree to pay all such fees in accordance with the TOU. 

If your default payment instrument is declined for any reason, we may deny access to the Paid Plan immediately. 

The fees are exclusive of any VAT or other taxes and public duties, save where AI-Photo has explicitly stated to the contrary. It is each User's responsibility to bear all public duties related to the purchase of the Service.

All payments are handled by a third-party payment gateway.  AI-Photo is not responsible for the processing of Client's payment and shall not be liable for any matter in connection therewith. 

Paid fees are non-refundable.  If the Agreement or a Paid Plan or a Server Plan is terminated or varied during a certain billing period, the User shall not be entitled to any refund concerning that billing period.  In addition, payments made for the future billing periods will not be refunded unless the Parties explicitly agree otherwise.

You understand that cessation of use of the Service will not entitle you to any refund. If you do not use the Service, you need to cancel the subscription to any Paid Plan or have any further problems about refunding, you can contact us.

§ 6. Complaints

1. The User may lodge a complaint regarding the provision of the Services covered by these Terms and Conditions by e-mail: support@aipassportphotos.com

2. The complaint should include in its content: order number and indication of the reason for the complaint.

3. The service provider will process the complaint within 14 days from the date of receipt of the complaint. The Service Provider will inform the User about the refusal to accept the complaint and its reasons by sending a message to the e-mail address provided in the course of lodging the complaint. If the Service Provider does not address the complaint within 14 days from the date of its receipt, the complaint shall be deemed justified.

4. In the event of a dispute between the Service Provider and the User as to the legitimacy of refusing to accept the complaint, the User has the right to use out-of-court methods of examining the complaint and pursuing claims. The User may use mediation or arbitration by providing the institution before which the proceedings will be conducted with an appropriate form - a request for mediation or a request for arbitration.

§ 7. Bonus return

1. Any refunds of payments above the price of the Product will be made only through PayPal or to an account held in a Polish bank.

2. The refund applies only to photos with the indicated purpose "e.g. a photo required for a passport application" and is possible only upon presentation of a reliable document confirming the rejection of the photo by the competent authority.

§ 8. Personal data

1. The scope of collection, disclosure and use of your personal information and your rights are described in detail in the Privacy Policy, available at Privacy Policy.

§ 9. Final decisions

1. In matters not regulated by these Terms and Conditions, the relevant provisions of generally applicable law shall apply, including in particular the Civil Code, the Consumer Rights Act, and the Act on Provision of Electronic Services.

2. Regulations are available from the Service.

3. The Service Provider reserves the right to change the terms. All purchases of Products made before the date of entry into force of the new regulations are carried out on the basis of the regulations in force on the date of purchase of the Product by the User. The change of the regulations comes into force within 14 days from the date of publication in the Service.

4. All annexes to the Rules of Procedure form an integral part of these Rules of Procedure.