Version Number: 2026-1

Last Updated: March 24, 2026

These Terms govern the access and use by End Customers of the Platform owned and operated by Solutions SmileyApp Inc. ("SmileyApp").

By accessing and/or using the Platform, the End Customer acknowledges having read, understood, and agreed to be bound by these Terms and undertakes to comply with them at all times. If the End Customer does not agree to these Terms, they must immediately cease all use of the Platform.

Any new features or tools added to the Platform will also be subject to these Terms. SmileyApp reserves the right to modify, update, or replace the Terms at any time by publishing a revised version on the Platform. It is the End Customer's responsibility to regularly review the Terms. Continued use of the Platform after the publication of modifications constitutes acceptance of those modifications.

1. SCOPE AND NATURE OF THE PLATFORM

SmileyApp acts exclusively as a provider of a technological infrastructure enabling the connection between subscribed Users and end customers.

SmileyApp does not act as a seller, distributor, agent, proxy, or representative of subscribed Users and does not participate in any way in Transactions concluded between them and end customers.

SmileyApp exercises no control over the offers, pricing, description, quality, or execution of subscribed Users' products or services.

Any Transaction or contractual relationship concerning products or services offered through the Platform is concluded directly between the End Customer and the relevant subscribed User. SmileyApp is not a party to these Transactions or contractual relationships and disclaims all responsibility in this regard.

2. DEFINITIONS

Unless otherwise indicated in the text, words and expressions beginning with a

capital letter appearing in the Terms are to be interpreted as follows:

“End Customer(s)” refers to any Person who accesses or uses the Platform, excluding the subscribed User.

“Terms” refers to this agreement, including its preamble and appendices, as well as any modifications made by SmileyApp in accordance herewith;

“Law(s)” means, as the case may be, whether federal, provincial, municipal, or foreign jurisdiction, a law, regulation, order, decree, directive or administrative policy or other legislative or executive instrument of a public or parapublic authority, a rule of common law, as well as any judicial and administrative decision by a competent court relating to their validity, interpretation, and application, and includes, where required, an international treaty and an interprovincial or intergovernmental agreement, it being understood that, where the Terms refer to a specific Law, this includes all regulations adopted thereunder, all amendments thereto, as well as any law or regulation that supplements or replaces that law or regulation, as applicable.

“Person” means, as the case may be, a natural person, a partnership, a corporation, a cooperative, an association, a union, a trust, or any other organization with or without its own legal personality, as well as any public authority of foreign, federal, provincial, territorial, or municipal jurisdiction, and includes the legal representatives of such person.

“Platform” refers to the online infrastructure made available by SmileyApp, including, but not limited to, the website, administrative interface, store, gallery pages, ordering tools, and the technical systems necessary for its operation.

“Intellectual Property” refers to all registered and unregistered rights granted, applied for, or currently existing or subsequently arising under any Patent, Copyright, Trademark, Trade Secret, Database Protection or other intellectual property laws, as well as all similar or equivalent rights or forms of protection, in any part of the world.

“Transaction(s)” refers to any agreement, operation, purchase, sale, order, or any other contractual exchange concluded between a subscribed User and an End Customer through the Platform, including, but not limited to, the purchase of products, the provision of services, or any other interaction with legal or financial consequences.

“Subscribed User” refers to the professional, particularly a photographer, who uses the Platform to offer their services or products.

3. USE OF THE PLATFORM

The End Customer declares to have reached the age of majority and to possess the legal capacity required to accept these Terms. They undertake to use the Platform reasonably and in accordance with these Terms.

The End Customer undertakes to use the Platform in accordance with applicable Laws and these Terms. Permitted use includes, but is not limited to:

• consulting galleries and content made available to the End Customer by subscribed Users;
• purchasing or ordering products and services offered by the subscribed User via the Platform;
• interacting with the functionalities offered by the Platform in the context of products and services offered by the subscribed User;
• downloading or saving content for strictly personal and non-commercial use, unless expressly authorized by the subscribed User or SmileyApp.

In this regard, the End Customer is notably prohibited from:

• copying, reproducing, distributing, modifying, or exploiting any content or functionality of the Platform without authorization;
• attempting to access, disrupt, or bypass the Platform's security systems;
• using the Platform to disseminate illegal, defamatory, discriminatory, or harmful content;
• acting in a manner likely to compromise the integrity, availability, or performance of the Platform.

SmileyApp reserves the right, at its sole discretion and without notice, to restrict, suspend, or terminate access to the Platform for one or more End Customers in case of use not in conformity with these Terms or applicable Law.

4. ORDERS AND TRANSACTIONS
Products and services accessible through the Platform are exclusively offered by subscribed Users. SmileyApp does not intervene in Transactions at any time and does not participate in the conclusion of sales, product shipping, payment, or after-sales service. Consequently, SmileyApp does not guarantee the quality, conformity, legality, or security of the products or services offered, nor the accuracy of descriptions, images, or prices displayed on the Platform. This information may contain errors or omissions, and any difference from that provided by the subscribed User is the sole responsibility of the latter.

The End Customer acknowledges and accepts that any claim, refund request, or dispute concerning a product or service must be addressed directly to the relevant subscribed User. SmileyApp disclaims all responsibility for these Transactions and cannot be held responsible for the consequences related to Transactions made on the Platform.

5. PAYMENT

Payments made on the Platform may be processed by independent third-party providers. SmileyApp is not involved in payment processing, does not have access to complete banking information, and disclaims all responsibility in case of payment issues. The use of these payment services is governed by the terms and policies of the respective third-party providers. The End Customer agrees to comply with these terms and acknowledges that SmileyApp cannot guarantee absolute security or correct processing of these payments.

6. CONTENT AND INTELLECTUAL PROPERTY

All intellectual property rights related to the Platform, with the exception of content provided by subscribed Users, belong exclusively to SmileyApp and include, without limitation, text, software, code, structure, design, interfaces, visual elements, functionalities, and any other content protected by applicable Laws. No element of the Platform may be copied, reproduced, modified, published, transmitted, distributed, or exploited, in whole or in part, without the prior written authorization of SmileyApp.

Content made available to an End Customer on the Platform by a subscribed User, including photographs, images, texts, or other media, remains under the exclusive responsibility of that subscribed User or their beneficiaries. The End Customer undertakes to use this content only within permitted limits and not to reproduce, distribute, modify, or exploit it without having obtained the required authorizations.

The subscribed User declares and guarantees that they hold all necessary rights, licenses, and consents to make this content available on the Platform. SmileyApp exercises no control or verification in this regard and acts solely as a technological intermediary. Consequently, SmileyApp disclaims all responsibility for any published content, particularly in the event of infringement of Intellectual Property rights or any other third-party rights. Any claim in this regard must be addressed directly to the relevant subscribed User.

7. PERSONAL DATA

The End Customer acknowledges that certain personal information may be collected directly by subscribed Users as part of their activities. Each subscribed User is solely responsible for the collection, use, and protection of this information in accordance with applicable data protection Laws. SmileyApp acts solely as a provider of technological infrastructure and cannot be held responsible for the processing of personal information carried out by subscribed Users.

For more information regarding SmileyApp's personal information protection practices, the End Customer is invited to consult SmileyApp's privacy policy, available on the Platform.

8. SECURITY

The End Customer is responsible for the confidentiality of their access credentials and any activity carried out using them. SmileyApp implements reasonable security measures to protect the Platform but cannot guarantee absolute security. Consequently, SmileyApp disclaims all responsibility in case of unauthorized access, hacking, or fraudulent use of the Platform.



9. TECHNOLOGIES USED TO IMPROVE NAVIGATION
Cookies

9.1 Third-Party Tracking Tools The Platform uses cookies to facilitate navigation and improve the user experience. These cookies record visited sections of the site to allow content personalization and feature optimization. They do not collect personally identifiable information. The End Customer can choose to disable cookies in their browser, although this action may limit access to certain functionalities.

9.2 Third-Party Tracking Tools SmileyApp uses third-party tracking tools to improve the performance and functionality of the Platform. These tools collect only non-personal information related to the use of the Platform. The End Customer acknowledges that SmileyApp exercises no control over these tools, nor over the data actually collected by these third parties, nor over how it is used or protected.

10. THIRD-PARTY SERVICES AND CONTENT

The Platform may provide access to services, content, or links to third-party sites. SmileyApp exercises no control over these elements and does not guarantee their quality, conformity, operation, accuracy, security, or practices. The End Customer acknowledges that accessing these third-party services, content, or sites is at their own risk and under their sole responsibility.

11. DATA RETENTION

SmileyApp does not guarantee the retention of data deposited or generated on the Platform and reserves the right to delete any content at any time, without notice. The End Customer is responsible for keeping their own copies of data they deem

important. SmileyApp cannot be held responsible for any loss or deletion of data, and it is the End Customer's responsibility to implement appropriate backups to prevent any loss of information.


12. EXCLUSION OF WARRANTIES

The Platform is provided "as is" and "as available". To the fullest extent permitted by Law, SmileyApp provides no express or implied warranty regarding the Platform, including, but not limited to, its error-free or uninterrupted operation, its security, reliability, availability, as well as any warranty of merchantability or fitness for a particular purpose.

SmileyApp does not warrant that the Platform will be free of viruses, malware, or other harmful elements.

The End Customer acknowledges that the use of the Platform and any content accessible through it is entirely at their own risk.

SmileyApp does not guarantee in any way the identity, competence, solvency, or behavior of subscribed Users.


13. LIMITATION OF LIABILITY

The End Customer is solely responsible for the use of the Platform and the decisions made based on information or content accessible through it.

To the fullest extent permitted by applicable law, SmileyApp, its directors, officers, employees, agents, and affiliates shall in no event be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including, but not limited to:

• loss of profits, revenue, savings, or clientele;
• loss or deterioration of data or work products;
• any professional or commercial harm;
• any inability to access the Platform or use its functionalities;
• any partial or total malfunction of the Platform.

This limitation applies to all claims, whether based on contract, tort, strict liability, or otherwise, even if SmileyApp has been advised of the possibility of such damages.

SmileyApp's total liability, in cases where it cannot be excluded or limited by Law, will be limited to the amount paid by the End Customer for the service or transaction concerned, or to $100 (CAD), whichever is higher.

By accepting these Terms, the End Customer expressly waives any recourse or claim against SmileyApp, its directors, officers, employees, or agents for any matter excluded by this clause.

If the End Customer is dissatisfied with any part of the Platform, its functionalities, the results obtained, or these Terms, they are invited to contact SmileyApp so that they can, at their discretion, remedy the situation or find an appropriate solution.



14. INDEMNIFICATION

The End Customer agrees to indemnify and hold SmileyApp, its directors, officers, employees, agents, and affiliates harmless from any claim, loss, damage, cost, or expense, including reasonable attorney fees, resulting from their use of the Platform, any breach of the Terms, or any dispute with a subscribed User. This indemnification obligation includes, but is not limited to, consequences related to published content, transactions made, personal information disclosed, or any use not in conformity with these Terms.

15. GENERAL PROVISIONS

If any provision of these Terms is deemed invalid or unenforceable by a competent court, the other provisions shall remain in full force and effect. The fact that SmileyApp does not exercise a right or demand the application of a provision of the Terms at a given time shall not be interpreted as a waiver of that right or provision.

These Terms constitute the entire agreement between the End Customer and SmileyApp and supersede all prior agreements, discussions, or representations, whether written or oral, relating to the subject matter of these Terms.

16. END CUSTOMER SUGGESTIONS

If the End Customer chooses to communicate to SmileyApp ideas, recommendations, or proposals aimed at improving the Platform, products, or services offered (the "Suggestions"), the End Customer agrees to irrevocably, gratuitously, and without consideration assign to SmileyApp all rights, titles, and interests, including all intellectual property rights, to these Suggestions.

The End Customer authorizes SmileyApp to use, reproduce, adapt, disclose, or exploit the Suggestions without restriction, for any purpose whatsoever, on any medium, anywhere in the world, and without any obligation of confidentiality.

The End Customer declares and guarantees that their Suggestions:

• do not contain any confidential information or proprietary information of a third party;
• do not violate any intellectual property right or other legal right of any person or entity.

The End Customer further acknowledges that:

• SmileyApp has no confidentiality obligation regarding the Suggestions;
• SmileyApp may freely choose to use or not use the Suggestions, in any manner it deems appropriate;
• SmileyApp may have already developed, or be in the process of developing, elements identical or similar to the Suggestions;
• no compensation, remuneration, or reimbursement will be due to the End Customer for the communicated Suggestions, regardless of the circumstances.

17. APPLICABLE LAW AND COMPETENT COURT

These Conditions shall be interpreted and enforced in accordance with the laws applicable in the province of Quebec. Any dispute will be submitted to the courts of the judicial district of Trois-Rivières, province of Quebec.



18. AMENDMENTS

SmileyApp reserves the right, at its sole discretion, to update, modify or replace any part of these Conditions at any time, by posting updates and changes on the Platform.

It is your responsibility to visit our Platform regularly to check for any changes. Your continued use of or access to our Platform after the publication of any modifications to these Conditions constitutes acceptance of these modifications.



19. CONTACT
For any questions regarding these Conditions or the use of the Platform, you can contact SmileyApp at the following coordinates:

Email: allo@smileyapp.ca