These Terms of Use ("Terms") apply to the PortraitPass app for iPhone and Android and to this website, provided by Batishev Enterprises LLC ("we", "us"). By downloading, opening or buying anything in PortraitPass, you agree to these Terms. If you do not agree, please do not use the app.
1. What PortraitPass is
PortraitPass is a photo tool. It helps you take or choose a photo, checks it against the U.S. Department of State's published photo requirements, crops and sizes it, and creates files you can print or upload. It does not retouch faces or replace backgrounds.
2. Not a government service
PortraitPass is independent. It is not affiliated with, endorsed by or connected to the U.S. Department of State, any passport or visa agency, or any other government. We do not submit anything to any government for you. Official photo requirements are published at travel.state.gov and can change at any time.
3. No guarantee
PortraitPass provides automated photo-preparation guidance, not official approval or certification. Its checks may miss problems or flag photos that are fine. Lighting, printing, the printer's settings, how a print is cut, glasses, expressions, clothing, the age of the photo and other things outside our control all affect acceptance. Only the government agency or official who reviews your application decides whether a photo is accepted.
We do not promise or guarantee that any photo made with PortraitPass will be accepted for a passport, visa, or any other document. To the maximum extent permitted by applicable law, Batishev Enterprises LLC is not liable for photo rejection or for any resulting delay, application fee, missed appointment, missed travel or other consequential loss. Nothing in these Terms limits rights or remedies that cannot legally be excluded.
4. Your part
- Follow the in-app tips and the official requirements, and read every warning the app shows.
- Look at your finished photo before you use it. Confirm the person, expression, background and lighting are right.
- When printing, order a full, uncropped 4 x 6 print and check that the 1-inch bar on the sheet measures exactly 1 inch before you cut.
- Use photos only of yourself, or of people (including children) you have permission to photograph.
- Do not edit, filter or retouch the photos. Government rules do not allow it.
5. Purchases and refunds
Checking a photo is free. Saving or sharing the finished files requires a one-time purchase inside the app. It is not a subscription. Apple (App Store) and Google (Google Play) process all payments. Refunds are governed by their policies and by applicable consumer law.
If something went wrong, email us at [email protected]. We read every message and will help however we can. iPhone customers can request a refund at reportaproblem.apple.com. Google Play customers can request a refund through Google Play (Payments & subscriptions, Budget & history) or contact us, and we may process eligible Google Play refunds directly.
Purchases do not transfer between Apple and Google accounts.
6. Provided "as is"
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORTRAITPASS IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. We do not warrant that the app will be error-free or uninterrupted.
7. Limit of our liability
TO THE EXTENT PERMITTED BY LAW, BATISHEV ENTERPRISES LLC EXCLUDES LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND FOR LOST MONEY, TRAVEL, TIME OR OPPORTUNITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO PORTRAITPASS IS LIMITED TO THE AMOUNT YOU PAID FOR PORTRAITPASS IN THE 12 MONTHS BEFORE THE CLAIM. These exclusions and limits do not apply to fraud, gross negligence, willful misconduct, or any other liability that cannot legally be excluded or limited.
8. Your photos and privacy
Photos are processed on your device and are never uploaded to Batishev Enterprises LLC. Photos you choose to save, share or back up may be handled by your device, cloud provider or chosen sharing service under their own policies. See the PortraitPass privacy policy.
9. Apple and Google
For iPhone users, Apple's Standard License Agreement (EULA) applies, and these Terms are supplemental to it. These Terms are between you and Batishev Enterprises LLC, not Apple or Google. Apple and Google are not responsible for PortraitPass or its content, have no obligation to provide support for it, and are not responsible for any claims relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms for iPhone users and may enforce them. Your use of the app must also follow the App Store or Google Play terms.
10. Changes and governing law
We may update these Terms going forward. The current version will always be on this page with its effective date, and material changes will be noted in the app or another appropriate way. Changes do not take away rights you already have. These Terms are governed by the laws of the State of Washington, United States, except where mandatory consumer protections require otherwise.