Terms & Conditions

These Terms & Conditions ("Terms") govern your use of the services provided by Smiler Photo s.r.o. ("Smiler", "we"). By creating an account, booking a photoshoot, or otherwise using the Services, you agree to these Terms.

1. Definitions

• Smiler — Smiler Photo s.r.o., IČO 08426902, registered in the Czech Republic.
• Customer — a person who books a photoshoot through the Services.
• Photographer — an independent professional who offers photoshoots through the Smiler marketplace.
• Booking — a confirmed reservation of a photoshoot at a specific date, time, and location.
• Gallery — the set of photographs delivered to the Customer through smiler.co after the shoot.

2. The Service

Smiler operates an online marketplace that connects Customers with independent Photographers. Smiler facilitates discovery, scheduling, payment, and gallery delivery. The photoshoot itself is provided by the Photographer, who acts as an independent contractor and is not an employee or agent of Smiler.

3. Bookings and payments

• Prices are displayed in EUR and may be shown in other currencies for convenience using indicative exchange rates. Final payment is always charged in EUR.
• Payment is processed at the time of booking by our payment processor Mollie B.V. We accept the cards and methods listed on the checkout page.
• A booking is confirmed once payment is captured and you receive a confirmation email.
• For some products, a Photographer may need to confirm the booking before it becomes final. In that case, payment is captured but is fully refundable if the Photographer cannot accept.

4. Cancellation, rescheduling, and refunds

• Customer cancellation more than 24 hours before the shoot: full refund.
• Customer cancellation less than 24 hours before the shoot: non-refundable, except where local consumer law requires otherwise.
• Customer rescheduling: free of charge if requested at least 24 hours before the shoot, subject to the Photographer's availability.
• Photographer cancellation: Smiler will offer a replacement Photographer or, if none is available, a full refund.
• Force majeure (severe weather, strikes, restrictions): we will reschedule at no cost or refund in full.

5. Galleries

• The Photographer typically delivers the Gallery within 5 business days after the shoot.
• Galleries remain available to the Customer for 31 days after publication. After that period the Gallery is archived and download access ends.
• Photographs are protected by copyright owned by the Photographer. By purchasing a Gallery, the Customer receives a non-exclusive, worldwide licence to use the photographs for personal, non-commercial purposes (including social media). Commercial use, resale, or any third-party licensing requires the Photographer's written consent.
• Smiler may use a non-identifying selection of photographs to promote Smiler and the Photographer, unless the Customer opts out.

6. Pricing and fees

• The price you see at checkout is the total price you pay. There are no hidden fees.
• Smiler retains a service fee from the amount paid; the remainder is paid out to the Photographer.
• Tips are 100% paid out to the Photographer. The transaction fees displayed at the time of tipping cover payment processing only.

7. Customer conduct

Customers agree to behave respectfully, arrive on time, and follow reasonable instructions from the Photographer. Smiler may cancel a booking and ban an account in cases of harassment, illegal conduct, or attempts to defraud the platform.

8. Photographer obligations

Photographers warrant that they hold all licences, insurance, and tax registrations required in the country where they operate, and that they own or control the rights to all images they deliver through Smiler. Photographers are responsible for declaring and paying their own taxes on income earned through the platform.

9. Smiler's role and liability

• Smiler is an intermediary. We do not provide the photoshoot itself and are not party to any direct dispute over its content beyond our marketplace responsibilities.
• To the maximum extent permitted by law, Smiler's aggregate liability for any claim arising out of a single Booking is limited to the amount paid by the Customer for that Booking.
• We are not liable for indirect, incidental, or consequential damages.
• Nothing in these Terms limits liability that cannot be limited under mandatory law (notably for intent or gross negligence).

10. Complaints

If you are not satisfied with the service, please contact hello@smiler.co within 14 days of the shoot. We will mediate between Customer and Photographer and, where the complaint is justified, offer a refund or a re-shoot.

11. Intellectual property

The Smiler name, logo, and website design are protected. You may not copy, reproduce, or use them without our written permission, except as needed to use the Services.

12. Governing law and jurisdiction

These Terms are governed by the laws of the Czech Republic. Any dispute that cannot be resolved amicably will be brought before the competent Czech courts. Consumer rights under the law of your country of residence are not affected.

13. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Continued use of the Services after a revision constitutes acceptance of the updated Terms.

14. Contact

Questions or feedback? Reach us at hello@smiler.co.