Smiler T&C v3.0 | Smiler Photo s.r.o. | ENGLISH TRANSLATION

GENERAL TERMS AND CONDITIONS
SMILER PLATFORM

operated by Smiler Photo s.r.o.

Version 3.0 – Effective from 1 April 2026

Smiler Photo s.r.o., Reg. No.: 08426902

Licensed operator of the Smiler brand under Localgrapher s.r.o.

PART A – TERMS FOR CUSTOMERS

A1. DEFINITIONS AND INTRODUCTORY PROVISIONS

The Smiler Platform (hereinafter the “Platform”) is an online marketplace available at smiler.co and through mobile applications, enabling the booking of services from independent photographers (hereinafter “Photographer”).
The contractual partner of the Customer when purchasing photography services through the website smiler.co or partner platforms (e.g., GetYourGuide, Viator) is Smiler Photo s.r.o., Reg. No.: 08426902, registered in the Commercial Register maintained by the Municipal Court in Prague (hereinafter the “Operator”). Contact: hello@smiler.co.
All payments for services are made directly to the Operator’s account. The Operator bears full legal and financial responsibility for the facilitation of the service.
The Operator is authorized to use the technical infrastructure and trademarks of its parent company Localgrapher s.r.o. (Reg. No.: 01893963) on the basis of a valid licensing agreement.
The Operator does not provide photography services. The Operator acts exclusively as an intermediary (agent) that facilitates the connection between the Customer and the Photographer, processes payments, and provides mediation and communication support.
“Customer” means a natural or legal person who orders photography services through the Platform.
“Service” means a photography session (photoshoot) performed by the Photographer based on a booking made through the Platform.
By accessing and using the Platform, the Customer confirms that they have read and agree to these Terms and Conditions.

A2. BOOKING AND FORMATION OF CONTRACT

A booking is completed upon confirmation of payment on the Platform. This creates a contract for work between the Customer and the Photographer pursuant to Section 2586 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”). The Operator is not a party to this contract for work.
The Customer authorizes the Operator to collect payment on behalf of the Photographer, manage the order, and communicate with the Photographer in connection with the booking.
The Operator does not guarantee the availability of a specific Photographer. If the Photographer is unavailable, the Operator will offer an alternative; the Customer is not obligated to accept it.

A3. PAYMENT TERMS

The final price displayed on the Platform includes the Photographer’s fee and Platform charges. No hidden costs apply unless expressly stated in advance (e.g., additional travel fee outside city center).
Prices are displayed in the currency shown on the Platform (typically USD or EUR). The Operator bears no responsibility for exchange rate differences applied by the Customer’s bank or payment service provider.
The price includes applicable taxes. The Operator handles administrative tax settlement (including the EU OSS scheme), which does not affect the final price for the Customer.
Payment is processed through a secure payment gateway. The Operator may use third-party payment processing services.

A4. CANCELLATION POLICY

Flexible cancellation: Cancellation more than 24 hours before the scheduled start of the photoshoot = 100% refund of the price paid.
Late cancellation: Cancellation less than 24 hours before the start or no-show = 0% refund.
Cancellation by the Photographer: The Operator will arrange a replacement Photographer or provide a full refund.
Force majeure (vis maior): Events of force majeure (natural disasters, pandemics, government restrictions, travel disruptions, flight cancellations, etc.) do not constitute a special exception to the cancellation policy. The standard 24-hour cancellation rule applies regardless of the reason for cancellation. The Operator will make reasonable efforts to reschedule the photoshoot, but is not obligated to do so.
Customer lateness: The Photographer will wait a maximum of 15 minutes. The delay will be deducted from the session duration. After 15 minutes, the Photographer may treat the session as a no-show.
Refunds will be returned using the same payment method, within 14 business days. The Operator is not liable for additional fees charged by the Customer’s bank or payment provider.

A5. DELIVERY AND QUALITY

Photos will be delivered digitally via a secure online gallery, typically within 48 hours of the photoshoot.
The Photographer performs the final selection and editing in accordance with the booked package. RAW files are not part of the standard delivery. However, RAW files may be requested by the Operator for quality control purposes or may be included in B2B contracts by separate agreement.
Photos will be stored on the Platform for 30 days after upload by the Photographer. The Customer should download photos as soon as possible. After the 30-day period, the Operator is not obligated to retain the photos.
Satisfaction guarantee: The Customer may claim technical defects or significant inconsistency with the Photographer’s portfolio within 7 calendar days of delivery.
The Operator will investigate the claim and may decide on: (a) partial or full refund, (b) re-shoot at the Photographer’s expense, or (c) rejection of the claim with reasoning.
Weather: Photoshoots take place in any weather conditions. The Operator will attempt to reschedule in case of adverse conditions, but without guarantee. Unfavorable weather alone is not grounds for a refund.

A6. COPYRIGHT AND LICENSE

Copyright to the photographs remains with the Photographer (author) in accordance with Act No. 121/2000 Coll. (Copyright Act).
The Customer receives a non-exclusive, perpetual license for personal and non-commercial use (e.g., printing, sharing on social media). Photos may not be resold, licensed, or sublicensed.
The Operator and the Photographer may use the photos for promotional purposes only with the Customer’s prior express consent (opt-in). Consent may be withdrawn at any time.

A7. LIMITATION OF LIABILITY

The Operator is responsible for proper operation of the Platform, payment processing, and mediation of complaints. The Photographer is responsible for the actual performance of photography services.
The Operator is not liable for injury, health damage, or property loss during a photoshoot.
The Operator’s total liability is limited to the price paid for the specific photoshoot.
The Operator is not liable for indirect damages, lost profits, data loss, or other consequential damages.

A8. RIGHT OF WITHDRAWAL

A consumer (natural person acting outside their business activity) has the right to withdraw from a contract concluded remotely within 14 days pursuant to Section 1829 of the Civil Code.
The consumer cannot withdraw if the service was performed with their prior express consent before the withdrawal period expired (Section 1837(a) of the Civil Code). The Operator hereby informs that in such case the consumer loses the right of withdrawal.
The Operator will return all payments within 14 days of withdrawal, using the same payment method as originally used.

A9. PERSONAL DATA PROTECTION

The data controller is Smiler Photo s.r.o., Reg. No.: 08426902. Contact: hello@smiler.co. For historical data (prior to the acquisition from Smiler B.V.), Smiler Photo s.r.o. and its parent company Localgrapher s.r.o. act as joint controllers.
Processing is carried out in accordance with GDPR (Regulation 2016/679) and Act No. 110/2019 Coll.
Purposes of processing: (a) fulfillment of booking (contractual basis), (b) communication (legitimate interest), (c) accounting obligations (legal obligation), (d) marketing (consent – revocable).
Categories of data: name, email, phone number, payment details (processed by the payment gateway), image records.
Photos and contact details are retained for 30 days after the photoshoot. The Customer may request earlier deletion.
The Customer has the right to access, rectification, erasure, restriction, portability, and objection. Contact: hello@smiler.co.
Details in the Privacy Policy at smiler.co/privacy.
Complaints may be filed with the Office for Personal Data Protection (UOOU), Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.

A10. DISPUTE RESOLUTION AND ADR

The parties undertake to resolve disputes amicably as a priority.
The Czech Trade Inspection Authority (www.coi.cz) is competent for out-of-court resolution of consumer disputes.
The Online Dispute Resolution (ODR) platform is available at https://ec.europa.eu/consumers/odr.
Unresolved disputes shall be decided by the competent courts of the Czech Republic.

A11. USER CONTENT AND RULES OF CONDUCT

The Customer undertakes to behave respectfully during the photoshoot and to comply with the Photographer’s instructions and local regulations.
The Customer must not use the Platform for any unlawful purpose, impersonate another person, or disrupt the Platform’s operation.
Minimum age: 18 years. Persons under 18 may use the services only when accompanied by an adult.
The Operator may suspend or terminate the Customer’s account in the event of a breach of these Terms.

A12. INDEMNIFICATION

The Customer undertakes to indemnify the Operator against claims, damages, and costs arising from: (a) breach of these Terms, (b) the Customer’s unlawful conduct, (c) infringement of third-party rights.

A13. GIFT CARDS

Gift cards have no expiration date unless expressly stated otherwise.
Gift cards cannot be exchanged for cash.

PART B – TERMS FOR PHOTOGRAPHERS (BOOKINGS ACTIVITY)

B1. DEFINITIONS

“Photographer” means an independent professional (self-employed individual or legal entity) who provides photography services through the Platform at their own account and risk.
“Partner” means any entity (venue, OTA, tour operator, hotel, event organizer) at whose location or within whose framework the Photographer provides Services to Consumers.
“Seat” means a specific time slot at a particular Partner location during which the Photographer provides Services.
“Assignment” means the specific confirmation that the Photographer will provide Services during a given Seat.
“Product” means photographs taken during the photoshoot, which may be delivered to the Consumer in various formats.
“Agreement” means the contract between the Operator and the Photographer regarding cooperation within the Bookings Activity, of which these Terms form an integral part.

B2. LEGAL RELATIONSHIP AND STATUS OF THE PHOTOGRAPHER

The Photographer acts as an independent contractor, not as an employee, agent, or partner of the Operator. No employment or agency relationship arises between the Operator and the Photographer.
The contract for work (photography service) arises directly between the Consumer and the Photographer. The Operator merely facilitates the connection, payment, and order management.
The Photographer represents and warrants that they hold all necessary authorizations, trade licenses, tax registrations, and insurance required for the performance of photography services under the applicable laws of their jurisdiction.
The Photographer may simultaneously work for other clients and platforms. The Operator expressly consents to this right.

B3. SERVICES AND ASSIGNMENTS

The Operator publishes available Seats on the Platform. The Photographer offers their availability by claiming selected Seats.
The Operator will confirm the Assignment to the Photographer with reasonable advance notice. The Operator may alter, postpone, or cancel the Assignment if the Partner does the same.
The Photographer shall perform the Assignment with due skill and care, in accordance with industry best practices and the Operator’s rules (including Community Guidelines and Cancellation Policy).
When providing Services at a Partner’s venue, the Photographer shall comply with the Partner’s applicable policies and codes of conduct.
If the Photographer foresees an inability to fulfill an Assignment, they must notify the Operator immediately.
The Photographer may delegate the Assignment to a third party at their own cost and risk, provided the Assignment has not yet started and the Operator has been informed in advance. The Photographer remains fully responsible for quality.
RAW files are not part of the standard delivery to the Consumer. However, the Operator may request RAW files from the Photographer for quality control, re-editing, or in response to complaints. RAW files shall be retained by the Photographer for at least 1 month after the photoshoot.

B4. UPSELLS AND ADDITIONAL SERVICES

The Photographer may offer additional services or session extensions to Consumers during or after a photoshoot. All such upsells and additional services must be processed through the Platform using the Smiler payment link.
For additional services processed through the Platform, the Operator charges a fee of 20% of the transaction value plus a 2% transaction processing fee.
The Photographer must not process payments for additional services outside the Platform (e.g., cash, PayPal, direct bank transfer) when the initial booking was made through the Platform.

B5. COMPENSATION AND INVOICING

The Photographer shall receive a fee (the “Fee”), which may be a percentage of the margin, a fixed amount, or a combination thereof, as agreed between the Photographer and the Operator.
The Operator collects payment from the Consumer on behalf of the Photographer. After deducting the Operator’s commission, the remaining Fee is paid to the Photographer.
Invoicing follows a self-billing arrangement: The Operator issues an invoice on behalf of the Photographer within 7 days after the end of each calendar month. The Photographer has 7 days to raise any discrepancies.
The Operator shall pay the approved invoice no later than 15 days after issuance. If the Operator has not yet received the corresponding payment from the Partner or OTA, payment may be reasonably postponed.
The Fee is deemed inclusive of all local taxes in the Photographer’s jurisdiction. Tax obligations are the Photographer’s responsibility.
Photographers registered in the Czech Republic: the paid amount will be reduced by 21% VAT. EU-based Photographers (non-VAT registered): the amount will be reduced by the applicable VAT rate of the respective country.
If the Operator refunds a Consumer (refund, chargeback), the Photographer shall return the corresponding portion of the Fee. The Operator may offset such amounts against future payouts.

B6. COPYRIGHT AND INTELLECTUAL PROPERTY

Copyright to the Products remains with the Photographer as the author of the work.
The Photographer grants the Operator a broad, non-exclusive, worldwide, perpetual, royalty-free license to the Products for the following purposes:
(a) operation of the Platform, including delivery of Products to the Consumer;
(b) marketing and promotion of the Platform (including website, social media, print materials, and advertising campaigns);
(c) display within the Photographer’s profile and portfolio on the Platform;
(d) presentation on third-party platforms, including OTA channels and Partner venues.

The Photographer is allowed to use the Products for self-promotional purposes, including in their portfolio, on a personal website, and on social media, provided that:
(a) the Customer has given consent where required by applicable law; and
(b) such use does not conflict with any exclusivity obligations agreed with the Operator or a Partner.

The Photographer may not sell, license, distribute, or otherwise provide the Products from Assignments to third parties (including other platforms, agencies, or commercial entities) without the Operator’s prior written consent.
The Photographer represents and warrants that the Products do not infringe any third-party rights, including copyright, personality rights, or other intellectual property rights.

B7. PHOTO STORAGE AND DELIVERY

Photos uploaded by the Photographer to the Platform will be stored for 30 days from the date of upload. After this period, the Operator is not obligated to retain or make the photos available.
The Consumer is responsible for downloading their photos within the 30-day storage period.
The Photographer shall deliver the photos to the Platform within 48 hours of the photoshoot.

B8. CONSENTS, DATA PROTECTION AND GDPR

The Photographer undertakes to comply with applicable data protection regulations, including GDPR, and the Operator’s privacy policies.
The Photographer shall obtain the necessary consent from the subjects of photographs prior to taking any photos, particularly in cases where the photoshoot was not directly booked by the Consumer (e.g., as part of a group tour or event).
The Photographer shall provide the Operator with their identification details (business name, registration number, address, VAT ID) for invoicing and tax settlement purposes.

B9. INSURANCE AND LIABILITY

The Photographer guarantees that they are properly and sufficiently insured for liability for damages caused during the provision of Services. Upon request, the Photographer shall provide a copy of the insurance policy.
The Photographer is liable for damages caused during the performance of Services, including injury or property damage to the Consumer.
The Photographer shall indemnify the Operator against claims, damages, and costs arising from: (a) the provision of Services, (b) breach of the Agreement, (c) infringement of third-party rights.
The Operator’s liability to the Photographer is limited to the amount of Fees paid over the preceding 12 months. The Operator is not liable for indirect damages.

B10. CONFIDENTIALITY

All confidential information (business plans, Consumer personal data, Agreement terms, technical information) shall remain strictly confidential.
Confidential information may only be used or disclosed to the extent necessary for the performance of the Agreement.
Exceptions: information that is publicly known or that must be disclosed for legal reasons.

B11. NON-SOLICITATION

During the term of the Agreement and for 3 months thereafter, the Photographer may not actively solicit employees, photographers, suppliers, clients, or Partners of the Operator.

B12. TERM AND TERMINATION OF THE AGREEMENT

The Agreement is concluded for an indefinite period unless agreed otherwise in writing.
Either party may terminate the Agreement in writing with 1 month’s notice.
The Operator may terminate the Agreement with immediate effect in the event of: (a) material breach by the Photographer, (b) gross negligence or willful misconduct, (c) insolvency or cessation of the Photographer’s business.
Termination does not affect the provisions on confidentiality, intellectual property, indemnification, and non-solicitation, which survive termination.

COMMON AND FINAL PROVISIONS

S1. GOVERNING LAW AND JURISDICTION

These Terms and all legal relationships arising therefrom shall be governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll. (Civil Code) and Act No. 634/1992 Coll. (Consumer Protection Act).
Disputes arising from these Terms shall be decided by the competent courts of the Czech Republic.

S2. AMENDMENTS

The Operator reserves the right to amend or update these Terms. Users will be notified of material changes by email or through the Platform.
Continued use of the Platform after the effective date of changes constitutes acceptance of the updated Terms.

S3. SEVERABILITY

If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

S4. LANGUAGE OF COMMUNICATION

Communication shall be conducted in Czech or English.

S5. EFFECTIVE DATE

These Terms become effective on 1 April 2026.

Operator Contact Details: