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Terms of Use

Effective October 17, 2026 · Last updated October 17, 2026

These Terms of Use (the "Terms") are an agreement between you and BuroBrain LLC ("BuroBrain", "we", "us"), a limited liability company organized in the United States. They govern your use of the BrainDV apps for iPhone and Android (the "App") and the braindv.com website (the "Website"). For the App, these Terms are the end user license agreement. By downloading or using the App or the Website, you agree to these Terms. If you do not agree, do not use them.

Our Privacy Policy, Refund Policy and AI Processing Disclosure explain how we handle data, refunds and AI features, and form part of these Terms where they describe what we offer.

1. What BrainDV is

BrainDV is an independent photo preparation tool. It helps you take or select a photo, checks it against measurable criteria derived from published U.S. requirements (for example for a Diversity Visa entry, a U.S. visa application or a U.S. passport photo), crops it, and creates a file in the required format.

BrainDV is not affiliated with, endorsed by or connected to the U.S. Department of State or any other government agency.
Final acceptance of any photo is determined by the relevant authority, not by BrainDV. We do not promise that any photo will be accepted.
BrainDV does not submit anything to a government website or agency on your behalf and is not a visa, immigration or legal service.
Requirements can change. Each requirements guide links to its published sources and shows when we last read them; always check the current requirements of the authority before you submit.

2. Who may use BrainDV

You must be at least 18 years old, or the age of majority where you live if that is higher, to use the App, create an account or make purchases. BrainDV does not yet support photos of children: do not use it to prepare a photo of anyone under 16 until we announce that support. You may not use BrainDV if the law of your country prohibits it.

3. Your license to use the App

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download, install and use the App for your own non-commercial use on devices that you own or control: on Apple-branded products as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, and on Android devices as permitted by the Google Play Terms of Service. You may not:

rent, lease, lend, sell, redistribute or sublicense the App;
copy, modify, decompile, reverse engineer or attempt to extract the source code of the App, except where the law allows it despite this restriction;
remove or alter any notices of ownership in the App;
use the App to provide a commercial photo service to others without our written permission.

The App is licensed, not sold. Open-source components included in the App are licensed under their own terms, which take precedence for those components.

4. Your responsibilities and acceptable use

Use a recent, genuine, unaltered photo of the person the photo is for, and follow the rules of the authority you submit it to.
Check the exported file yourself before you use it. You are responsible for the photo you submit and for meeting the authority's rules and deadlines.
Only photograph or import photos of other people with their permission.
Do not use BrainDV to create misleading or fraudulent identity documents, to impersonate anyone, or for any unlawful purpose.
Do not interfere with or overload our servers, probe them for vulnerabilities, or try to get around purchase, export or rate limits.
Do not use automated means to access our servers other than through the App.

5. How the checks work

The App runs technical checks and shows each result as pass, warning, unknown or fail, with an explanation. A fail is shown only for problems that can be measured reliably, such as wrong pixel dimensions. A pass means a measured value is within the range we derived from the published requirements; it is not a decision by any authority. Some properties, such as background evenness or shadows, can only be estimated and are shown as warnings or unknown. The App does not retouch faces, generate content or replace backgrounds, and it never adds pixels that were not in your photo.

6. Your account

You do not need an account to use camera guidance, the checks or the preview. When you first buy, restore a purchase or finalize an export, the App creates an anonymous BrainDV account for that installation. Purchases and exports are recorded to the account that is active on the device at that moment.

An anonymous account exists only on the device where it was created. If you delete the App, reset the device or change devices without first signing in with Apple (or Google, where the App offers it), the App cannot reconnect to that account. Your BrainDV Unlock is not lost: tap "Restore purchases" while signed in to the same Apple or Google store account you bought it with, and the Unlock moves to the account the App is using now (see section 7). Extra export credits cannot be restored this way; they stay on the old account. Signing in with an Apple or Google identity that is already linked to another BrainDV account switches the App to that account; purchases made on the previous anonymous account are not merged.

You can delete your account at any time in the App or by email; see Account and data deletion. Keep your device secure: anyone using your unlocked device can use the purchases on it.

7. In-app purchases

The App is free to download. Exports are paid for with in-app purchases through the Apple App Store or Google Play. The store's terms also apply to these purchases. There is no checkout on the Website.

BrainDV Unlock (U.S. reference price $4.99): a one-time, non-consumable purchase. It includes 4 completed exports in each entitlement year. Your first entitlement year starts on the purchase date confirmed by Apple or Google when we verify your purchase; each following entitlement year starts on the anniversary of that date. It is not a subscription and there is no recurring charge. Unused included exports expire at the end of each entitlement year and do not carry over.
Extra export credits (U.S. reference price $1.99 each): consumable purchases, each for one completed export. Credits do not expire. They are used only when no included exports remain in the current entitlement year.
What counts as an export: one final photo file successfully created for one person, from one capture, for one photo type. Retakes, checks, crop changes before finalizing, re-downloads of the same export and retries after a failed export are free. If finalizing fails, the export is not counted. A new photo type from the same capture, a new capture, and each additional person each count as a new export. The App shows which balance will be used before you confirm.
Platform-specific: purchases made through Apple work only in the iPhone App, and purchases made through Google work only in the Android App. They cannot be moved between platforms.
Personal and non-transferable: purchases, included exports and credits are for your personal use, cannot be transferred to another person, and cannot be exchanged for cash, except where the law requires. The only move between BrainDV accounts is the restore of the Unlock described below.
Restore purchases: use "Restore purchases" in Settings or on the purchase screen while signed in to the same Apple or Google store account you bought with. The BrainDV Unlock is restored to the BrainDV account the App is using, also after you reinstalled the App, changed devices or deleted your BrainDV account: we check the purchase with Apple or Google and, if another BrainDV account held it, move it to your current account. The Unlock keeps its original entitlement years (counted from the verified purchase date), and included exports already used in the current entitlement year stay used; a restore never starts a new entitlement year or adds exports. The Unlock is active on one BrainDV account at a time. A refunded or revoked Unlock cannot be restored. Extra export credits are consumable purchases and cannot be restored: they stay on the BrainDV account where they were recorded (sign in with Apple or Google to keep that account when you change devices).
Prices and taxes: Apple or Google set and show the final price for your country in your currency before you buy, and determine and collect any taxes. Prices on the Website are U.S. reference prices only. Purchases may not be available in every country or in every version of the App.
Refunds: refunds are handled by Apple or Google under their policies and applicable law, as explained in the Refund Policy. If a store refunds or revokes a purchase, the related unlock or credits are removed from your balance.
Account deletion: deleting your account ends access to the unlock and any unused credits recorded on it, and is not a refund.

8. Optional AI advice

The optional AI advice feature is off by default and requires your explicit consent before any photo is sent to OpenAI. Its output is general advice generated by an AI model and may be inaccurate. It is never part of the checks and never changes your photo. In the current version of the App the feature is not active. We may change, limit or switch off the feature at any time. See the AI Processing Disclosure.

9. Your photos

You keep all rights to your photos. You give us a limited, worldwide, royalty-free permission to process a photo only as needed to provide a feature you choose to use (for example optional AI advice or cloud history), and only as described in the Privacy Policy. This permission ends when the photo is deleted from our systems. We do not publish your photos and do not use them to train machine learning models. You confirm that you have the right to use each photo you process with BrainDV.

10. Our rights

The App, the Website, their design, text, software and the BrainDV name and logo are owned by BuroBrain or its licensors and protected by law. Except for the license in section 3, these Terms give you no rights in them. If you send us feedback, we may use it without obligation to you.

11. Third-party services

The App relies on services provided by others, including the Apple App Store, Google Play, Sign in with Apple, Google sign-in and, if you choose to use AI advice, OpenAI. When you use them, you must also comply with their terms, for example your wireless data service agreement and the terms of your Apple or Google account. We are not responsible for third-party services, and the Website may link to third-party websites, such as U.S. Department of State pages, that we do not control.

12. Changes to BrainDV

We update the App, its photo types and its checks from time to time, for example when published requirements change. We review photo types against their sources on a schedule, so there may be periods when a photo type does not yet reflect a recent change by the authority. We may add, change or remove features. If we stop offering BrainDV or a paid feature, we will give at least 30 days' notice in the App or on the Website where we reasonably can, and we will provide any remedy that the law requires for paid features you can no longer use.

13. Disclaimers

To the fullest extent permitted by law, the App and the Website are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. In particular, we do not warrant that any photo will be accepted by any authority, that published requirements have not changed since we last reviewed them, or that the App or Website will be uninterrupted or error-free.

Nothing in these Terms excludes or limits any warranty or right that you have under mandatory consumer protection law where you live, including statutory rights for digital content that is faulty or not as described.

14. Limitation of liability

To the fullest extent permitted by law, BuroBrain and its owners, employees and suppliers are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, missed deadlines, application or travel costs, or other losses resulting from a photo being declined by an authority, arising out of or related to BrainDV. Our total liability for all claims related to BrainDV is limited to the greater of the amount you paid for BrainDV purchases in the 12 months before the event giving rise to the claim, or 50 U.S. dollars.

These limits do not apply to liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, for fraud, or for gross negligence or willful misconduct where the law does not allow a limit. If you are a consumer in the EEA or the UK, we are liable under the statutory provisions for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

15. Termination

You may stop using BrainDV at any time and delete your account. We may suspend or end your access if you seriously or repeatedly breach these Terms, if required by law, or to protect our users or systems. Where reasonable, we will tell you why and give you a chance to respond first. Sections 9 to 11 and 13 to 22 continue to apply after termination.

16. Governing law and disputes

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules. Any dispute will be decided by the state or federal courts located in Texas, and you and we consent to their jurisdiction. If you are a consumer, this choice of law and courts does not take away the protection of mandatory laws of the country where you live, and you may bring a claim in the courts of that country where the law allows. Consumers in the EU can also use the dispute resolution bodies available under their national law. Before starting a formal dispute, please email us so we can try to resolve the issue.

17. Additional terms for the iPhone App (Apple)

If you use the App on an Apple device, the following also applies:

Acknowledgement. These Terms are concluded between you and BuroBrain only, not with Apple Inc. ("Apple"). BuroBrain, not Apple, is solely responsible for the App and its content.
Scope of license. The license in section 3 is limited to use of the App on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where Apple makes this available.
Maintenance and support. BuroBrain is solely responsible for providing maintenance and support for the App, as described in section 22. Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
Warranty. BuroBrain is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are BuroBrain's sole responsibility.
Product claims. BuroBrain, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.
Intellectual property claims. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, BuroBrain, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer name and contact. Questions, complaints or claims about the App should be directed to BuroBrain LLC by email at [email protected] or by post at 12600 Hill Country Blvd, Suite R-275, Bee Cave, TX 78738, United States (a mailing address, not an office open to visitors).
Third-party terms. You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement.
Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

18. Additional terms for the Android App (Google Play)

If you get the App from Google Play, these Terms are between you and BuroBrain only, not Google LLC or its affiliates ("Google"). BuroBrain, not Google, is responsible for the App, its content, maintenance, support and any claims relating to it. Your use of Google Play and purchases made through it are also governed by the Google Play Terms of Service and the Google Payments Terms of Service. If these Terms conflict with the Google Play Terms of Service on the relationship between you and Google, the Google Play Terms of Service apply to that relationship.

19. Export control and sanctions

You may not use, export or re-export the App in violation of U.S. export control and sanctions laws or the laws of the country where you got the App.

20. Changes to these Terms

We may update these Terms, for example when we change BrainDV or when the law changes. We will post the new version on this page with a new "Last updated" date. If a change is material, we will tell you in the App or on the Website at least 14 days before it takes effect, unless a faster change is needed for legal or security reasons. Changes do not apply to disputes that arose before them. If you do not agree to a change, stop using BrainDV and you may delete your account.

21. General

These Terms, together with the documents they refer to, are the entire agreement between you and us about BrainDV. If a provision is found unenforceable, the rest remains in effect. If we do not enforce a provision, that is not a waiver. You may not transfer your rights under these Terms; we may transfer ours to a successor that takes over BrainDV, provided your rights are not reduced. The English version of these Terms is the binding version.

22. Contact, support and complaints

BuroBrain provides support for BrainDV by email at [email protected]. We are a small team and usually reply within a few business days. Please include your platform (iPhone or Android) and, for purchase questions, the approximate purchase date.