PUBLIC OFFER AGREEMENT

1.1. Offer means this document, posted on the Internet at https://fotonapassport.ru/, containing the Contractor’s offer to enter into an agreement for the provision of paid services on the terms and conditions set out in this document.

1.2. Contractor / Controller (within the meaning of Article 4(7) of Regulation (EU) 2016/679, the General Data Protection Regulation, “GDPR”) means the fotonapassport organization.

1.3. User / Customer means a legally capable individual aged 18 or over who uses the Service and/or has placed an Order under the terms of this Offer.

1.4. Website means the Contractor’s website located on the Internet at https://fotonapassport.ru/.

1.5. fotonapassport Service / Service means the Contractor’s software and hardware system hosted on the Website and intended for the automated preparation of a digital image and/or a PDF file for printing ID photos based on photographs uploaded by the User.

1.6. Services means the automated service of processing the User’s photograph, including with the use of neural network technologies, preparing an image on a background that meets the requirements of the selected document, providing the User with the ability to independently fit the image to the face guide/face oval (cropping) and to adjust the image in the editor, and generating the final file or archive of files for download.

1.7. Order means a request submitted by the User to receive the Services with the selection of the relevant plan.

1.8. Source Photos means photographs of the User (including selfies) uploaded by the User to the Service for the provision of the Services.

1.9. Preview means a preliminary result of image processing provided to the User before payment so that the User can see the approximate appearance of the result, including in a reduced and/or blurred form.

1.10. Final Result means a file or set of files generated by the Service after payment for the Order, including a PDF file, a JPG file and/or a ZIP archive, depending on the selected Plan.

1.11. Plan means the price and scope of the Services selected by the User when placing an Order.

1.12. Acceptance of the Offer means the performance by the User of actions evidencing full and unconditional acceptance of the terms of this Offer, including ticking the box confirming agreement with the Offer, placing an Order and/or paying for the Services.

1.13. Generation means a single run of neural network processing of a Source Photo, as a result of which the Service creates a variant of the image. The Generations available to the User are recorded on the generation balance in the personal account.

1.14. Personal account means the section of the Website available to the User after signing in to the account, in which the User selects the final photo, performs Generations, edits the image, and generates and downloads the Final Result.

2.1. This Offer governs the relationship between the Contractor and the User arising in connection with the use of the Service and the provision of the Services.

2.2. Use of the Service is permitted only subject to the User’s full and unconditional agreement with this Offer.

2.3. If the User does not agree with the terms of this Offer in whole or in any part, the User shall stop using the Service.

2.4. The Service is intended exclusively for persons aged 18 or over. Use of the Service by minors is not permitted.

2.5. The Service is not intended for processing photographs of children or minors, or photographs of third parties without their participation and consent.

2.6. The Service is not a government authority, a police, migration or passport authority, a public service center, a visa center, a passport office, a consulate, a bank, an employer or any other organization that accepts documents.

2.7. The Contractor provides a technical service for the preparation of a digital image and files for printing. The Contractor does not make decisions on the issuance, replacement, processing or acceptance of documents.

3.1. The Contractor undertakes, on the User’s instructions, to provide the Services for the automated preparation of ID photos based on the Source Photos uploaded by the User, and the User undertakes to pay for the Services in the manner and on the terms provided for by this Offer.

3.2. As part of the Services, the Service may perform the following actions:

3.2.1. accept Source Photos from the User;

3.2.2. perform automated and/or neural network image processing;

3.2.3. generate an image of the User on a background that meets the requirements of the selected document;

3.2.4. provide the User with the ability to independently fit the image to the face guide/face oval, as well as to change the background and clothing and apply color correction to the image, if such functions are available in the Service interface;

3.2.5. generate a digital JPG file and a PDF file with a sheet for printing ID photos in the 10×15 cm format;

3.2.6. generate a ZIP archive with the Final Result files, as well as files for several document formats, if provided for by the selected plan;

3.2.7. provide the User with access to the Final Result in the personal account, via a link sent to the User’s email address, or in another manner provided for by the functionality of the Service.

3.3. The Services are provided in automatic mode. Manual moderation, manual review, manual retouching and manual correction of the result by the Contractor’s staff are not included in the Services.

3.4. The procedure for providing Generations depends on the Order placement scenario available to the User on the Website. If the User places an Order after registering (signing in) to the personal account, a new User is credited once with 3 (three) free Generations to the generation balance; free Generations are not credited again, including upon re-registration using the email address or phone number of a previously deleted account. If the User places an Order without prior registration, before payment for the Order the User may be given one free Generation for the uploaded Source Photo, the result of which is displayed as a Preview, and after payment for the Order the User is credited with additional Generations in the number indicated on the Website when the Order is placed (as of the publication date of this version of the Offer, 10 Generations), which the User may use in the personal account. Additional Generations may also be purchased separately in accordance with clause 5.1.4 of this Offer.

3.5. Additional manual edits, individual retouching, and adjustment of parameters to the requirements of a specific government authority, visa center, organization or other institution are not included in the price of the Services, unless expressly stated otherwise on the Website.

3.6. A Generation that has not been completed for a technical reason (an error of the Service or of an external image processing service) is automatically returned to the User’s generation balance. Such a return does not constitute a refund.

4.1. To place an Order, the User:

4.1.1. uploads their own photograph and selects a document (photo format);

4.1.2. confirms agreement with this Offer and other mandatory documents;

4.1.3. receives a Preview of the result;

4.1.4. selects a plan, if such a choice is available, and provides an email address;

4.1.5. if satisfied with the Preview, pays for the Order;

4.1.6. obtains access to the personal account;

4.1.7. selects the final photo, fits and adjusts it if necessary, and generates and downloads the Final Result.

4.2. Before payment, the User has the opportunity to review the Preview. The Preview is a preliminary image and may differ from the Final Result in terms of technical parameters, quality, format, watermarks, resolution or other characteristics.

4.3. Payment for the Order means that the User has reviewed the Preview, has decided to purchase the Services and has agreed that the result is generated in automatic mode.

4.4. After payment, the Final Result is generated in accordance with the selected plan based on the final photo selected by the User in the personal account.

4.5. The User independently fits the image to the face guide/face oval in the Service interface. The Contractor shall not be liable for the User’s errors in independently fitting the image or in choosing the scale, face position, document format or other parameters.

4.6. The User independently selects the photo format, document type or set of formats. The Contractor shall not be liable for the User’s incorrect choice of format, size, country, document type or purpose of the photo.

4.7. The User is independently responsible for ensuring correct printing of the PDF file, including the choice of paper, disabling scaling when printing, and maintaining the actual size of the image and the cutting lines. The Contractor shall not be liable for distortion of the photo size caused by printer settings, the PDF viewer, the paper, the print scale or the actions of a print shop.

4.8. If the User places an Order without prior registration, an account is created automatically for the email address provided at payment, and a link to sign in to the personal account is sent to that address. The User is responsible for the accuracy of the email address provided.

4.9. Within one paid Order, the Final Result is generated for one final photo selected by the User. After the Final Result has been generated, the User may, without additional payment, re-adjust the position and scale of the same final photo (cropping) and download the rebuilt files again, download the ZIP archive and receive a download link at their email address. Re-adjustment of the cropping and rebuilding of the files are available within the retention period for Source Photos established by clause 7.1 of this Offer (90 calendar days from the moment of payment for the Order); after this period expires, the previously generated Final Result files remain available for download during the period established by clause 7.2 of this Offer. Generating the Final Result for a different photo is carried out under a new Order.

5.1. As of the publication date of this Offer, the following plans are available in the Service. The set of plans offered to a particular User, their prices and the payment currency (clause 5.5) depend on the language version of the Website and on the country of the User or of the selected document, and are indicated on the Website before payment:

5.1.1. The “1 set” Plan. Under this plan, the User receives, for one selected document (photo format), a digital JPG file and a PDF file with a 10×15 cm print sheet, as well as a ZIP archive with these files.

5.1.2. The “Full package” Plan. Under this plan, the User receives a single ZIP archive with a set of files (JPG and PDF) that includes files for the selected document, files for all ID photo formats of the country of the selected document available in the Service catalog at the time the Final Result is generated, and a set of popular universal photo sizes. Documents with identical photo requirements share a common file. The exact number of formats is indicated on the Website before payment. The plan is available if its selection is provided for by the Service interface when the Order is placed.

5.1.3. Upgrade to the “Full package” Plan. A User who has paid for the “1 set” Plan may, within 30 minutes after payment, pay the additional amount indicated on the Website and receive the contents of the “Full package” Plan for the same final photo.

5.1.4. Additional Generations—the “+5 generations” and “+15 generations” packs at the prices indicated on the Website. Purchased Generations are credited to the User’s generation balance in the personal account.

5.2. Depending on the selected plan, the Final Result may include:

5.2.1. a PDF file;

5.2.2. a JPG file;

5.2.3. a ZIP archive;

5.2.4. other files, if provided for by the Service interface at the time the Order is placed.

5.3. The current price of the Services is indicated on the Website at the time the Order is placed and is displayed to the User before proceeding to payment. The prices indicated on the Website may apply as a special offer during the period indicated on the Website (for example, until the deadline shown by the countdown timer on the Website); after such period expires, the regular price indicated on the Website may apply.

5.4. The Contractor may unilaterally change the plans, the composition of the plans and the terms of provision of the Services. The changes do not apply to Orders already paid for, unless otherwise provided for by mandatory provisions of applicable law.

5.5. For Users of any language version of the Website other than Russian, prices are stated and payments are charged in the currency shown on the Website before payment: in euros (EUR) or, where the Service offers prices in the local currency of the User’s country (for example, Indian rupees (INR), Indonesian rupiah (IDR), Brazilian reais (BRL), Turkish lira (TRY) or Nigerian naira (NGN)), in that local currency. The currency is determined by the Service for the Order (based on the country of the selected document or, failing that, the User’s country) and does not change after it has been shown for the Order. If the Website shows an approximate amount in the local currency for information only, the payment is charged in the currency stated as the payment currency, and the approximate amount is not an offer. For Users of the Russian-language version of the Website, prices are stated in Russian rubles (RUB); if such a User pays by a foreign bank card via Norelio, the amount is charged in euros (EUR). The currency and the amount to be paid are shown on the Website before the User proceeds to payment. Refunds are made in the currency of the payment. Any currency conversion and fees charged by the User’s bank (including taxes on purchases abroad) are governed by the rules of that bank.

6.1. Payment for the Services is made after the Preview has been provided to the User.

6.2. Payment is made through third-party payment services: by foreign bank cards — via the Norelio payment service on its hosted payment page (pay.lis-system.eu / norelio.store) or via another payment service engaged by the Contractor and indicated on the Website before payment (for example, Stripe); by Russian bank cards and via the Faster Payments System (SBP) — via the Platega payment service (platega.io) or, if it is unavailable, via the UnitPay payment service. The payment methods available for a particular Order depend on the language version of the Website and are shown on the Website before payment.

6.3. The User’s obligation to pay is deemed fulfilled from the moment the payment confirmation is received from the payment service.

6.4. For payments made via UnitPay, the Contractor and/or the payment service ensures the generation of a fiscal receipt in the cases and in the manner provided for by the legislation of the Russian Federation on the use of cash registers (Federal Law No. 54-FZ). The fiscal receipt is sent to the email address provided by the User at payment or in the account. For payments made by foreign bank card via Norelio or another payment service referred to in clause 6.2, confirmation of payment is provided by that payment service in accordance with its rules.

6.5. The User is solely responsible for the correctness of the payment details, the sufficiency of funds, the operability of the payment instrument and other circumstances related to payment.

6.6. The Contractor shall not be liable for the temporary unavailability of the payment service, a refusal by the issuing bank, an error of the payment system or other circumstances beyond the Contractor’s control.

6.7. When paying via Norelio or another payment service referred to in clause 6.2, the payment is also subject to the terms displayed on that service’s payment page. Such terms govern the processing of the payment and supplement this Offer without limiting the User’s rights under it, including under Section 12 of this Offer. Refund requests are submitted to the Contractor in the manner set out in Section 12 of this Offer.

6.8. Payments and fulfilment. Purchases are sold and billed by the fotonapassport organization. Payments are processed through Stripe or PayPal. This arrangement does not limit any mandatory consumer rights, including applicable rights of withdrawal, refunds or remedies for defective or non-conforming products or services.

6.9. Before paying by foreign bank card, the User confirms on the Website, by ticking a separate box that is not pre-ticked, that they accept the purchase terms and request immediate delivery of the digital content, and acknowledges that the 14-day right of withdrawal ends once delivery has begun. Confirmation of this consent is sent to the User’s email address together with the Order details.

7.1. Source Photos, generated image variants, Previews, intermediate processed images and temporary files — for both unpaid and paid requests — are stored in the Service for no more than 90 calendar days: for an unpaid request, from the moment of its creation; for a paid request, from the moment of payment for the Order. Upon expiry of this period, an unpaid request is deleted in full. If by that time the Final Result for a paid Order has not yet been generated, the said files are stored until it is generated, but no longer than the period established by clause 7.2 of this Offer.

7.2. The Final Results of a paid Order (JPG/PDF/ZIP files) and the associated download links are stored for 12 months from the moment of payment for the Order (if an additional payment was made for the Order, from the moment of the last payment), unless a longer period is required by applicable law (including Czech accounting and tax legislation), the consideration of claims or the protection of the Contractor’s rights. Upon expiry of this period, the paid request is deleted in full.

7.3. Upon expiry of the relevant retention period, the said files, EXIF data, temporary files and cached copies are deleted irretrievably.

7.4. The User shall independently download and save the Final Result within the file retention period.

7.5. If the User has not downloaded the Final Result within the retention period and the files have been deleted, the Services are deemed to have been duly provided, and no refund is made on the grounds of missing the download deadline.

7.6. The Order history, payment information, information on consents, technical logs, minimal anti-fraud markers and other legally significant data may be stored by the Contractor for the periods necessary to comply with the Contractor’s legal obligations under applicable law (including Czech accounting and tax legislation), protect the Contractor’s rights, prevent abuse and consider possible claims.

8.1. The User may upload to the Service only their own photographs depicting the User.

8.2. The User confirms that:

8.2.1. the User is aged 18 or over;

8.2.2. the User is uploading their own photographs;

8.2.3. the User has all the necessary rights and consents to upload and process the photographs;

8.2.4. the photographs do not infringe the rights of third parties;

8.2.5. the photographs do not contain unlawful, offensive, pornographic, extremist or other prohibited content.

8.3. The User is prohibited from uploading:

8.3.1. photographs of children and minors;

8.3.2. photographs of third parties;

8.3.3. photographs of documents containing personal data of third parties;

8.3.4. photographs obtained unlawfully;

8.3.5. images that violate the rights, honor, dignity, business reputation or privacy of third parties;

8.3.6. images the dissemination or processing of which is prohibited by applicable law.

8.4. If a violation of this section is detected, the Contractor may refuse to provide the Services to the User, delete the relevant materials, block the User’s account and/or restrict access to the Service.

8.5. If claims, demands, lawsuits or fines are brought against the Contractor in connection with the User’s uploading of other persons’ photographs, photographs of minors or other unlawful materials, the User undertakes to settle such claims independently and to compensate the Contractor for the losses incurred.

9.1. The User understands and agrees that the Services are provided using automated and neural network image processing technologies.

9.2. In providing the Services, the Contractor may use third-party automated and neural network image processing services, including services that process data outside the European Economic Area, including in the United States. Such services include Kie.ai, OpenAI API, Higgsfield / Higgsfield CLI and OpenRouter platform, if the relevant provider is enabled in the technical environment of the Service.

9.3. Only the User’s image, the technical processing request, the generation parameters and the technical request metadata necessary to perform the processing are transferred to external services for processing, without the User’s phone number, email address, payment data or other contact details. Background removal (silhouette extraction) is performed on the Contractor’s own infrastructure without transferring the image to external services.

9.4. The Contractor does not use the User’s image to establish the User’s identity, identify the individual, compare it with databases, verify identity, make legally significant decisions or grant access to any rights.

9.5. The User understands that automated and neural network processing may affect the appearance of the image, including the background, lighting, quality, sharpness, color rendering, image contours and other parameters.

9.6. The User independently evaluates the Preview before payment. If the User considers that the Preview is not suitable for the User’s purposes, the User may decline to pay for the Order.

9.7. Upon payment, the User confirms that the Preview is suitable for the User and that the result of automated processing meets the User’s expectations within the functionality of the Service.

10.1. The Contractor makes reasonable efforts to prepare files in accordance with the parameters selected by the User and the general requirements for ID photos.

10.2. At the same time, the User understands and agrees that photo requirements may vary depending on the country, authority, organization, visa center, consulate, bank, employer, educational institution, specific staff member, technical document acceptance system or other circumstances.

10.3. The Contractor does not guarantee that a photo prepared by the Service will be accepted by any particular government authority, public service center, visa center, consulate, bank, employer, educational organization, online service or other organization.

10.4. The Contractor shall not be liable for a refusal to accept a photo if the refusal is related to:

10.4.1. the User’s incorrect choice of format or document type;

10.4.2. the low quality of the Source Photos;

10.4.3. incorrect independent fitting of the image by the User;

10.4.4. a change in the requirements of the receiving organization;

10.4.5. the subjective assessment of an employee of the receiving organization;

10.4.6. incorrect printing, scaling or trimming of the photo;

10.4.7. use of the photo for purposes other than its intended purpose;

10.4.8. circumstances beyond the Contractor’s control.

10.5. If a photo is refused, the User may contact the Contractor’s support in the manner provided for in Section 12 of this Offer.

11.1. The User’s account and personal account are used to receive the Final Result, perform Generations and use other functions of the Service. If the User is not registered, an account is created automatically upon payment for the Order in the manner provided for by clause 4.8 of this Offer.

11.2. Sign-in to the account is carried out using an email address—with a password or a sign-in link sent to the User’s email address.

11.3. The User shall provide an accurate email address and ensure access to it.

11.4. The User is responsible for maintaining the security of access to their account, email, password, sign-in links and other means of authorization.

11.5. The User shall immediately notify the Contractor of any unauthorized access to the account.

11.6. The account is deleted by the User independently in the personal account or upon request to the Contractor’s support at support@fotonapassport.ru.

11.7. When an account is deleted, the Contractor deletes photographs, preliminary images, generated images, temporary files, download links, EXIF data, cached copies and session data, if they have not been deleted earlier, and also stops processing personal data, except for data that the Contractor is required or entitled to store under applicable law (including the GDPR and Czech accounting and tax legislation), including information on payments, orders, consents, claims, minimal anti-fraud markers and actions of legal significance.

12.1. The User may submit a refund request within 7 calendar days from the date of payment for the Order.

12.2. The request is sent to the email address support@fotonapassport.ru, via support in the personal account or via the feedback widget on the Website, if available.

12.3. In the request, the User must specify:

12.3.1. the contact details used when placing the Order;

12.3.2. the date of payment;

12.3.3. a description of the reason for the request;

12.3.4. supporting materials, if any.

12.4. If the request is based on a refusal to accept the photo, the User must attach any available confirmation of the refusal or a description of the circumstances of the refusal.

12.5. A refund is possible by decision of the Contractor’s support, including in the following cases:

12.5.1. a technical error of the Service preventing receipt of the result;

12.5.2. a material defect in the Final Result caused by the fault of the Service;

12.5.3. refusal to accept the photo by the receiving organization, provided that the User has submitted a request and the problem has been confirmed;

12.5.4. other cases recognized by the Contractor as justified.

12.6. A refund may be declined if:

12.6.1. the User did not download the result within the retention period and the files were deleted;

12.6.2. the User selected an incorrect format, document type or purpose of the photo;

12.6.3. the User incorrectly fitted the image to the face guide/oval on their own;

12.6.4. the User uploaded poor-quality Source Photos;

12.6.5. the User violated the terms of this Offer;

12.6.6. the User uploaded other persons’ photographs, photographs of children or other prohibited materials;

12.6.7. the request was sent later than 7 calendar days from the date of payment;

12.6.8. the Services were duly provided, and the reason for the request is related to circumstances beyond the Contractor’s control.

12.7. Based on the results of considering the request, the Contractor may offer the User additional Generations and/or regeneration of the Final Result instead of a refund.

12.8. If a decision to refund is made, the funds are returned by the same method that was used for payment, unless another method has been agreed with the User and is not prohibited by the rules of the payment service.

12.9. The refund period is up to 10 calendar days from the date the Contractor makes the refund decision, unless a different period is determined by the rules of the bank, payment system or payment service.

12.10. Refunds are made upon the User’s request in the manner provided for by this section; the Service does not make automatic refunds. The automatic return of Generations that were not completed for a technical reason to the generation balance (clause 3.6 of this Offer) does not constitute a refund.

12.11. This section does not limit the User’s rights under mandatory consumer protection law, including the Czech Civil Code, Czech Act No. 634/1992 Coll., on Consumer Protection, Directive 2011/83/EU on consumer rights and Directive (EU) 2019/770 on contracts for the supply of digital content and digital services, including the User’s rights in the event of defective performance (lack of conformity of the digital content or digital service).

12.12. Statutory right of withdrawal. A User who is a consumer (including any consumer in the EU/EEA) has the right to withdraw from the agreement concluded at a distance under this Offer, without giving any reason, within 14 days from the date of its conclusion (§ 1829 of the Czech Civil Code; Article 9 of Directive 2011/83/EU). To exercise this right, the User shall inform the Contractor of the decision to withdraw by an unequivocal statement sent to support@fotonapassport.ru before the withdrawal period expires; the User may, but is not obliged to, use the model withdrawal form set out in Annex I(B) to Directive 2011/83/EU.

12.13. The right of withdrawal is not lost by performance. The Final Result and Generations are digital content and digital services supplied without a tangible medium. Before payment, the Service does not ask the User for express prior consent to performance before the end of the withdrawal period or for an acknowledgement that the User thereby loses the right of withdrawal, which are the conditions under which the right of withdrawal could be lost (§ 1837 (l) of the Czech Civil Code; Article 16(a) and (m) of Directive 2011/83/EU). Therefore the User retains the right of withdrawal for the full period specified in clause 12.12 of this Offer, even if the Services have begun, the Final Result has been generated, received or downloaded, or Generations have been used, and in such a case the User does not bear any cost for the digital content or services supplied before the withdrawal (Article 14(4) of Directive 2011/83/EU).

12.14. If the User withdraws from the agreement in accordance with clause 12.12 of this Offer, the Contractor shall reimburse all payments received for the Order without undue delay and in any event no later than 14 days from the day on which the Contractor received the withdrawal notice, using the same means of payment that the User used, unless the User has expressly agreed otherwise; the User shall not incur any fees as a result of such reimbursement.

12.15. The refund procedure set out in clauses 12.1–12.10 of this Offer is a voluntary commitment of the Contractor and applies in addition to, and irrespective of, the statutory right of withdrawal and the User’s statutory rights in the event of defective performance. In particular, the 7-day period specified in clauses 12.1 and 12.6.7 of this Offer does not shorten the withdrawal period specified in clause 12.12 of this Offer.

13.1. The Contractor undertakes to:

13.1.1. provide the Services in accordance with this Offer;

13.1.2. enable the User to review the Preview before payment;

13.1.3. provide the User with the Final Result after payment, provided that it is technically possible to provide the Services;

13.1.4. accept requests from Users at support@fotonapassport.ru;

13.1.5. process the User’s personal data in accordance with the GDPR, Czech Act No. 110/2019 Coll., on Personal Data Processing, and the Personal Data Processing Policy;

13.1.6. take reasonable organizational and technical measures to protect the User’s data.

13.2. The Contractor may:

13.2.1. change the functionality of the Service;

13.2.2. change the plans and the scope of the Services;

13.2.3. carry out technical maintenance;

13.2.4. temporarily restrict access to the Service in the event of technical failures, updates, preventive maintenance or security threats;

13.2.5. refuse to provide the Services if the User violates this Offer;

13.2.6. delete the User’s materials that violate this Offer or applicable law;

13.2.7. block the User’s account if a violation of this Offer is detected;

13.2.8. engage third parties to provide the Services, including payment services, hosting providers, image processing services, analytics services and other technical services.

14.1. The User undertakes to:

14.1.1. read this Offer and other documents of the Service before using the Service;

14.1.2. provide accurate data;

14.1.3. upload only their own photographs;

14.1.4. not upload photographs of children, minors or third parties;

14.1.5. independently select a suitable photo format and check that it meets their purposes;

14.1.6. independently evaluate the Preview before payment;

14.1.7. independently download the Final Result within the file retention period provided for in Section 7 of this Offer;

14.1.8. not use the Service for unlawful purposes;

14.1.9. not violate the rights of the Contractor or third parties;

14.1.10. not take actions aimed at disrupting the operation of the Service.

14.2. The User may:

14.2.1. use the Service in accordance with this Offer;

14.2.2. receive a Preview before payment;

14.2.3. pay for the selected plan;

14.2.4. receive the Final Result after payment;

14.2.5. contact the Contractor’s support;

14.2.6. submit a refund request in the manner provided for by this Offer;

14.2.7. withdraw consent to the processing of personal data in the manner provided for by the Personal Data Processing Policy.

15.1. When the Service is used, the Contractor, as the controller, processes the User’s personal data in accordance with Regulation (EU) 2016/679 (GDPR), Czech Act No. 110/2019 Coll., on Personal Data Processing, the Personal Data Processing Policy and the Consent to the Processing of Personal Data and Facial Images. The purposes and legal bases of processing, the recipients, international transfers, retention periods and the User’s rights are set out in the Personal Data Processing Policy.

15.2. Before placing an Order, the User shall read the Personal Data Processing Policy and give consent to the processing of personal data and facial images.

15.3. In providing the Services, the Contractor may process:

15.3.1. phone number, if previously provided by the User;

15.3.2. email address;

15.3.3. Source Photos;

15.3.4. images obtained as a result of processing;

15.3.5. Final Results;

15.3.6. Order history;

15.3.7. payment information;

15.3.8. IP address;

15.3.9. User-Agent;

15.3.10. cookies and other technical data.

15.4. Personal data is processed for the purposes of providing the Services, performing this Offer, communicating with the User, accepting payment, providing the result, considering requests, complying with legal requirements and protecting the Contractor’s rights.

15.5. Source Photos, generated image variants and intermediate processed images are stored for no more than 90 calendar days for both unpaid and paid requests (for unpaid requests, from the moment the request is created; for paid requests, from the moment of payment, subject to clause 7.1 of this Offer), and the Final Results of a paid Order and the links for downloading them are stored for 12 months from the moment of payment, after which they are deleted, unless a different retention period is required under applicable law (including Czech accounting and tax legislation) or for the establishment, exercise or defence of legal claims.

15.6. The User may exercise the rights under Articles 15–22 of the GDPR (access, rectification, erasure, restriction of processing, data portability, objection and withdrawal of consent) and send any inquiry regarding the processing of personal data to support@fotonapassport.ru. The User also has the right to lodge a complaint with the Office for Personal Data Protection (Úřad pro ochranu osobních údajů, www.uoou.cz) or with the supervisory authority of the EU/EEA member state of the User’s habitual residence, place of work or place of the alleged infringement.

15.7. The Service’s main infrastructure (hosting, database and file storage) is located in the Russian Federation, a country for which the European Commission has not adopted an adequacy decision, and the image processing services referred to in clause 9.2 of this Offer may process images outside the European Economic Area, including in the United States. Information on such transfers and the safeguards applied is set out in the Personal Data Processing Policy.

16.1. The Contractor may send the User service and transactional messages related to the use of the Service, including links to sign in to the personal account and to recover access, Order notifications, a link to the result, support messages, payment notifications and other messages necessary for the performance of this Offer. Such messages are sent to the User’s email address.

16.2. Advertising and marketing messages are sent only if the User has given separate consent to receive advertising and informational messages.

16.3. The User may opt out of receiving advertising and marketing messages in the manner indicated in the relevant message, by contacting support or by any other available means.

16.4. Opting out of advertising messages does not affect the ability to receive service and transactional messages necessary for the provision of the Services.

17.1. The Website may use cookies and similar technologies to ensure the operation of the Website, authorize the User, save settings, perform analytics, improve the quality of the Service and assess the effectiveness of advertising.

17.2. The Website may use analytics services and advertising technologies, including Yandex.Metrica, Webvisor and VK Pixel and, on language versions of the Website other than Russian, Google Analytics 4 and Google Ads (the Google tag with Google Consent Mode). Yandex.Metrica, Webvisor and Google Analytics 4 are enabled unless the User has refused analytics cookies, and VK Pixel and Google Ads unless the User has refused marketing cookies; if the User has made no choice and appears to be located in the EU/EEA, the United Kingdom or Switzerland, the Google tag runs with Google storage “denied” by default, as described in the Cookie Policy.

17.3. The procedure for using cookies is determined by the Cookie Policy posted on the Website.

17.4. Necessary cookies are used without the User’s separate consent. The User is notified of the use of analytics and marketing cookies in the cookie banner; they are used by default until the User refuses them, on the basis of the Contractor’s legitimate interest in measuring, improving and promoting the Service (Article 6(1)(f) GDPR). The User may refuse them and object to this processing at any time, free of charge and with effect for the future (Article 21 GDPR), in the cookie banner (“Customize” → “Necessary only”) or via the “Cookie settings” link at the bottom of the Website pages; refusing them does not limit the use of the Services.

17.5. The User may restrict or disable cookies in the browser settings. In this case, certain functions of the Website may not work correctly.

18.1. The exclusive rights to the Website, program code, interface, design, texts, graphic elements, logos, databases, algorithms, elements of the Service and other intellectual property items belong to the Contractor or are used by the Contractor on a lawful basis.

18.2. The User is granted a simple (non-exclusive), non-transferable right to use the Service solely for the purpose of receiving the Services.

18.3. The User may not copy, modify, distribute, sell, lease, decompile or use the program code or interface of the Service, or perform any other actions that violate the Contractor’s rights.

18.4. By uploading photographs, the User grants the Contractor the right to use such photographs solely for the purpose of providing the Services, including uploading, storage, automated processing, neural network processing, generation of the result and provision of the Final Result to the User.

18.5. The Contractor does not acquire the right to use the User’s photographs in advertising, portfolios, public materials, social networks, case studies or for other purposes unrelated to the provision of the Services without the User’s separate consent.

19.1. For failure to perform or improper performance of obligations under this Offer, the parties shall be liable in accordance with applicable law and the terms of this Offer.

19.2. The Contractor shall not be liable for:

19.2.1. the impossibility of using the Service for reasons beyond the Contractor’s control;

19.2.2. failures in the operation of the Internet, hosting, payment systems, banks, communication services, external APIs and other third parties;

19.2.3. actions or omissions of the User;

19.2.4. the User’s incorrect choice of photo format;

19.2.5. the low quality of the Source Photos;

19.2.6. incorrect independent fitting of the image by the User;

19.2.7. incorrect printing, scaling or trimming of the photo;

19.2.8. refusal by third parties to accept the photo;

19.2.9. the impossibility of downloading the result after the file retention period has expired;

19.2.10. use of the Final Result by the User for purposes other than its intended purpose;

19.2.11. the User’s uploading of other persons’ photographs, photographs of children or other prohibited materials.

19.3. The Contractor shall not be liable for indirect losses, lost profits, loss of data, inability to obtain a document, refusal to accept documents, disruption of a trip, missed deadlines for submitting documents or other consequences arising outside the Contractor’s direct control.

19.4. The Contractor’s aggregate liability for any claim related to the provision of the Services is limited to the price of the Order paid by the User, unless otherwise provided for by mandatory provisions of applicable law. The limitations and exclusions of liability in this section apply only to the extent permitted by applicable law and do not apply, in particular, to harm caused intentionally or through gross negligence (§ 2898 of the Czech Civil Code) or to the User’s statutory rights as a consumer.

19.5. The User is responsible for the accuracy of the data provided, the lawfulness of the uploaded photographs and compliance with the terms of this Offer.

20.1. The parties are released from liability for full or partial failure to perform their obligations under this Offer if such failure is the result of force majeure circumstances.

20.2. Force majeure circumstances include, among others, fires, floods, earthquakes, military operations, mass riots, terrorist acts, epidemics, pandemics, decisions of government authorities, disruptions in the operation of communication networks, data centers, payment systems and external services, and other circumstances that the parties could not reasonably foresee or prevent.

20.3. A party that has become unable to perform its obligations shall notify the other party of the occurrence of such circumstances within a reasonable time, if technically possible.

21.1. The parties shall seek to settle all disputes and disagreements arising in connection with this Offer through negotiations and by submitting requests to the Contractor’s support.

21.2. The User may send a claim to the email address support@fotonapassport.ru, via the personal account or via the feedback widget, if available.

21.3. The period for considering a request is up to 10 calendar days from the date of its receipt, unless a different period is required under applicable law or by the nature of the request.

21.4. If the dispute cannot be settled through negotiations, the dispute shall be resolved by the competent courts of the Czech Republic. This does not deprive a User who is a consumer of the right to bring proceedings in the courts of the country of the User’s habitual residence where mandatory law (including Regulation (EU) No 1215/2012) so provides.

21.5. This Offer and the agreement concluded on its basis are governed by the law of the Czech Republic, in particular the Czech Civil Code (Act No. 89/2012 Coll.). If the User is a consumer, this choice of law does not deprive the User of the protection afforded by the mandatory provisions of the law of the country of the User’s habitual residence (Article 6(2) of Regulation (EC) No 593/2008 (Rome I)).

21.6. A User who is a consumer may refer a dispute arising from this Offer for out-of-court resolution to the Czech Trade Inspection Authority (Česká obchodní inspekce, www.coi.cz) in accordance with Czech Act No. 634/1992 Coll., on Consumer Protection.

22.1. The Contractor may unilaterally amend the terms of this Offer.

22.2. The new version of the Offer enters into force from the moment of its publication on the Website, unless a different date is specified in the new version of the Offer.

22.3. The User shall independently monitor changes to this Offer.

22.4. Continued use of the Service after the publication of a new version of the Offer means the User’s agreement with the new version.

22.5. Amendments to the Offer do not apply to Orders paid for before the date the amendments enter into force, unless otherwise provided for by mandatory provisions of applicable law or expressly stated in the new version of the Offer.

23.1. This Offer is valid indefinitely until it is withdrawn or replaced by a new version.

23.2. If any provision of this Offer is held invalid, this shall not affect the validity of the remaining provisions of the Offer.

23.3. The Contractor’s failure to act in the event of the User’s violation of the terms of this Offer does not deprive the Contractor of the right to take measures to protect its rights at a later date.

23.4. All documents posted on the Website and governing the use of the Service form an integral part of this Offer, including:

23.4.1. the Personal Data Processing Policy;

23.4.2. the Consent to the Processing of Personal Data and Facial Images;

23.4.3. the Cookie Policy;

23.4.4. the Consent to Receive Advertising and Informational Messages, if the User has given such consent;

23.4.5. the Register of Processors and Recipients of Personal Data;

23.4.6. the Procedure for Processor and Supplier Agreements;

23.4.7. the Personal Data Security Incident Response Procedure;

23.4.8. the Internal Personal Data Processing and Protection Policy;

23.4.9. the Register of Personal Data Processing Activities;

23.4.10. other documents posted on the Website.

23.5. The User confirms that the terms of this Offer are clear to the User, correspond to the User’s true intent and are accepted by the User voluntarily.

Organization:

fotonapassport

Website:

https://fotonapassport.ru/

Email:

support@fotonapassport.ru