Terms and Conditions

Last Updated: January 22, 2025

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the IDPicly website and services (the "Service") operated by NiviAI Ops LLC doing business as IDPicly ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

1. Description of Service

IDPicly provides an online platform that enables users to create passport photos and identification photos that comply with official government specifications. The Service includes photo uploading, AI-powered image processing, background removal, photo editing tools, and digital file delivery.

2. Acceptance of Terms

By accessing and using this Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind such organization to these Terms.

3. User Obligations and Responsibilities

You agree to:

  • Provide accurate and truthful information when using the Service
  • Use the Service only for lawful purposes and in accordance with these Terms
  • Upload only photographs for which you have the legal right to use
  • Not upload photographs of individuals without their consent or legal authorization
  • Not use the Service for any fraudulent, illegal, or unauthorized purpose
  • Not attempt to circumvent, disable, or interfere with security-related features of the Service
  • Not use the Service to create false identification documents or for identity fraud

4. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of IDPicly and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of IDPicly.

You retain all rights to the photographs you upload. By uploading photographs to our Service, you grant us a limited, non-exclusive, royalty-free license to process, modify, and store such photographs solely for the purpose of providing the Service to you.

5. Payment Terms

Certain features of the Service require payment. All fees are stated in United States Dollars (USD) and are non-refundable except as expressly provided in our Refund Policy below. By providing payment information, you represent and warrant that you are authorized to use the payment method provided.

We reserve the right to modify our pricing at any time. Any price changes will be effective immediately upon posting to the Service and will not affect orders already completed.

6. NO GUARANTEE OF ACCEPTANCE

IMPORTANT: IDPicly provides photo formatting tools only. WE DO NOT AND CANNOT GUARANTEE that any photo created using our Service will be accepted by any government agency, embassy, consulate, or other authority. Final acceptance or rejection of any identification photo is at the SOLE AND ABSOLUTE DISCRETION of the reviewing government authority. By using this Service, you acknowledge and accept this limitation.

Government requirements may change without notice, and different reviewers may interpret requirements differently. We make reasonable efforts to stay current with published specifications, but we cannot account for subjective judgments made by government officials.

7. Refund Policy

We offer a limited refund for photos rejected due to a verifiable technical defect in our processing. To request a refund:

  • Contact us within thirty (30) days of purchase at support@idpicly.com
  • Provide official written documentation of rejection from the government agency clearly stating the technical reason
  • The rejection must be attributable to a defect in our processing, not the source photo or subjective government discretion

Refunds are NOT available for:

  • Rejections based on subjective judgments by government officials (e.g., "expression not neutral enough," "head position slightly off")
  • Poor quality source photos provided by the user
  • User error in selecting wrong country or document type
  • Requirements not published in official government specifications
  • Changes in government requirements after photo creation
  • Any indirect, consequential, or incidental damages

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

IDPicly, its subsidiaries, affiliates, and licensors do not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

WE EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT PHOTOS CREATED USING OUR SERVICE WILL BE ACCEPTED BY ANY GOVERNMENT AGENCY. Government photo requirements are subject to interpretation, and acceptance is entirely at the discretion of government officials over whom we have no control.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDPICLY, NIVIAI OPS LLC, ITS OWNERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • Loss of profits, revenue, or business opportunities
  • Travel delays, missed flights, or trip cancellations
  • Visa or passport application delays or denials
  • Immigration consequences of any kind
  • The rejection of your photo by any government agency for any reason
  • Costs of retaking photos, reapplying for documents, or expedited processing fees
  • Emotional distress, inconvenience, or frustration
  • Any other damages arising from use of the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SPECIFIC PHOTO TRANSACTION GIVING RISE TO SUCH CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH YOUR CLAIM IS BASED.

10. Assumption of Risk

By using this Service, you expressly acknowledge and assume the following risks:

  • Government agencies may reject photos for reasons beyond our control
  • Photo requirements may change without notice
  • Different government officials may interpret requirements differently
  • Acceptance of a photo is never guaranteed regardless of compliance with published specifications

You agree that you are using this Service at your own risk and that you have had the opportunity to review these Terms before making a purchase.

11. Indemnification

You agree to defend, indemnify, and hold harmless IDPicly and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your uploaded content caused damage to a third party

12. Government Affiliation Disclaimer

IDPicly is an independent commercial service and is NOT affiliated with, endorsed by, or in any way officially connected with any government agency, including but not limited to the U.S. Department of State, U.S. Citizenship and Immigration Services (USCIS), or any foreign government passport or visa authority. All government logos, names, and trademarks are the property of their respective owners.

13. Modifications to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.

14. Amendments to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and IDPicly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Florida, unless you and we agree otherwise. Each party shall bear its own costs and attorney's fees.

CLASS ACTION WAIVER: YOU AND IDPICLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States of America and the State of Florida, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

18. Contact Information

If you have any questions about these Terms, please contact us at:

IDPicly

Operated by NiviAI Ops LLC

Email: support@idpicly.com