Sihmo

Create Session Invite

This information helps photographers match the photos with the right people later.

Create Session Invite

This information helps photographers match the photos with the right people later.

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General Terms and Conditions

A. Scope, Operator, Definitions

1. Scope of these GTC

These General Terms and Conditions ("GTC") govern the use of the online platform "sihmo" ("Platform") and all related services provided via the Platform.

The Platform is operated by:

Max Kammesheidt, sole proprietor (Einzelunternehmer) Waldstraße 66, 58135 Hagen, Germany E-mail: support@sihmo.com VAT ID (if applicable): [VAT ID — to be added once VAT-registered]

("sihmo", "we", "us")

These GTC apply to all contractual relationships and legal interactions between registered photographers ("Photographers"), registered private consumers ("Customers"), and sihmo as platform operator.

2. Platform role (intermediary)

sihmo operates a digital marketplace within the meaning of German law (intermediary platform), through which Photographers can offer photographic services and digital images, and Customers can request and purchase such services and images.

Unless explicitly stated otherwise in these GTC or a separate agreement, sihmo itself does not become a party to the individual contracts for photographic services and the acquisition of usage rights in images between Photographers and Customers. These contracts are concluded exclusively between Photographer and Customer.

3. Definitions

For the purposes of these GTC:

  • "Platform" means the website and/or app offered by sihmo under the name "sihmo", including all technical functions (communication tools, upload/download areas, payment modules, user accounts, etc.).
  • "Photographer" means any natural or legal person who registers as a content provider and offers photographic services and/or photos via the Platform. Photographers may act as entrepreneurs ("Unternehmer") within the meaning of § 14 BGB or, in exceptional cases, as private individuals; details are shown in their user profile.
  • "Customer" means a natural person who registers on the Platform as a consumer ("Verbraucher" within the meaning of § 13 BGB) in order to search for Photographers, commission shootings, and purchase photos.
  • "User" means any person using the Platform (Photographers and Customers).
  • "Content" means all photos, images, text, profile information, messages, comments, and other material that a User uploads or otherwise makes available on the Platform.

4. Conflicting terms

Deviating, conflicting, or supplementary general terms and conditions of Photographers or Customers do not apply, even if sihmo does not expressly object to them, unless sihmo has expressly agreed to their validity in writing or text form.

Individual agreements between Photographers and Customers (e.g. regarding price, scope of services, rights of use) remain unaffected but may not override sihmo's rights and obligations under these GTC.

B. Registration, User Account and Consumer Information

1. Registration and account creation

Use of the Platform requires prior registration and creation of a user account.

Users must provide accurate, complete, and truthful information during registration and keep this information up to date (§ 241 Abs. 2 BGB).

Each User may only create one account, unless sihmo explicitly authorises additional accounts in text form.

2. Eligibility / age requirement

The Platform is intended for persons who are at least 18 years old and have full legal capacity under German law.

By registering, the User confirms that these requirements are met. sihmo is entitled to request appropriate proof (e.g. identity verification).

3. Consumer status and entrepreneur status

Customers use the Platform as consumers within the meaning of § 13 BGB, unless expressly indicated otherwise.

Photographers will be asked during registration whether they act as entrepreneurs (§ 14 BGB) or as private individuals. This information will be displayed in their profile and is relevant for the application of consumer protection laws (e.g. right of withdrawal, information duties). Photographers are responsible for the correctness of this indication.

4. Account security

Users are obliged to keep their login data confidential and to prevent access by third parties.

Users are responsible for all activities carried out via their account, unless they are not responsible for the misuse.

In case of suspicion of misuse or unauthorised access, Users must inform sihmo without undue delay.

5. Conclusion of the user contract with sihmo

The contractual relationship between sihmo and the User regarding use of the Platform is concluded when sihmo confirms registration or activates the user account.

The User accepts these GTC upon registration and, in the case of Customers, also upon acceptance of a shooting invitation (see Section E.1). This user contract is concluded in English; mandatory consumer information under German law will be provided in German or English, as legally permissible.

C. Subject Matter and Functionality of the Platform

1. Intermediary role of sihmo

sihmo provides technical infrastructure which enables Photographers to create profiles, present portfolios, and offer services, and Customers to search for Photographers, send requests, conclude contracts, and receive photos.

sihmo is not responsible for the content of the offers, the execution of shootings, or the legal relationship between Photographer and Customer, unless sihmo explicitly assumes such responsibility in individual cases.

2. Contracts between Photographers and Customers

Communication for contract initiation generally takes place via the Platform (messaging system, booking functions, etc.).

Photographer and Customer agree on all essential elements of the contract (e.g. date, location, type and scope of shooting, number of images, editing, delivery time, remuneration, rights of use).

sihmo may provide standard templates or default settings for offers and bookings. These templates only serve as suggestions; legal responsibility for the content of contracts rests solely with Photographer and Customer.

3. Services of sihmo under the user contract

  • Provision and maintenance of the Platform as a technical service.
  • Operation of user accounts and communication tools.
  • Support for payment processing via the third-party payment service provider Stripe (see Section F).
  • Support (customer service) for technical and platform-related questions.

There is no entitlement to the constant availability of specific features, to the conclusion of contracts, or to a specific economic success.

4. Modifications of the Platform (digital services)

sihmo may change or further develop the Platform at any time (e.g. adapting design, adding or removing functions) in accordance with §§ 327 ff. BGB, to the extent this is reasonable for Users.

Substantial changes that negatively affect the contractual use of the Platform will be communicated in advance, and where legally required, we will obtain the User's consent.

D. Use of the Platform and User Obligations

1. Permitted use

The Platform may only be used in accordance with applicable law, these GTC, and any additional guidelines or policies published by sihmo.

The Platform is intended exclusively for the arrangement and implementation of photo shootings and the exchange and licensing of photographic works and related digital content.

2. Prohibited content and behaviour

Users may in particular not:

  • upload, offer, or distribute unlawful content, in particular content that is punishable under the German Criminal Code (Strafgesetzbuch – StGB) (e.g. incitement of the people, depiction of violence, child or youth pornography), or content that violates the German Youth Protection Act (Jugendschutzgesetz);
  • violate copyrights, neighbouring rights, trademark rights, design rights, personality and image rights, or other rights of third parties;
  • upload or distribute photos of identifiable persons without having obtained all necessary consents (e.g. model releases) and, where required, property releases; for minors, the consent of the legal guardian is required;
  • use the Platform to promote or offer services that violate legal regulations (e.g. illegal surveillance, violating house rules, trespassing);
  • misuse the Platform to avoid platform fees (e.g. systematically divert users to external channels for booking and payment, if and to the extent this is contractually prohibited);
  • conduct phishing, fraud, identity theft, or other deceptive practices;
  • interfere with the technical operation of the Platform (e.g. hacking, spreading malware, automated scraping without approval, denial-of-service attacks).

3. Special obligations of Photographers (German law)

Photographers are solely responsible for compliance with:

  • copyright law (Urheberrechtsgesetz – UrhG),
  • personality rights, including the right to one's own image (§§ 22 ff. KunstUrhG),
  • data protection law (EU GDPR, Bundesdatenschutzgesetz – BDSG),
  • youth protection and any applicable professional regulations.

Photographers ensure that they hold all rights necessary to grant usage rights in the photos to Customers in the agreed scope, and that the Content does not infringe any rights of third parties.

The Photographer must obtain all required permissions and consents for taking the photographs before the shooting takes place. This includes, where identifiable persons are depicted, the consent of those persons. Where the depicted person is a minor, the consent of their legal guardian must be obtained before the shooting. The Photographer must be able to provide evidence of such consents upon request.

Photographers who act as entrepreneurs are responsible for the correct indication of their commercial status, compliance with imprint obligations (§ 5 DDG / applicable national implementation), and compliance with tax regulations (e.g. VAT, income tax, trade tax), including issuing invoices in accordance with German tax law.

In relation to Customers, Photographers are responsible for fulfilment of any information duties and, where applicable, for granting a statutory right of withdrawal under consumer law, if they conclude contracts with consumers as entrepreneurs (§§ 312 ff. BGB).

4. Special obligations of Customers

Customers may only use images within the scope of rights granted by the Photographer (see Section G).

Customers may not distribute, reproduce, or commercially exploit images beyond the agreed scope, and may not remove copyright notices or metadata.

Customers must not instruct Photographers to carry out illegal actions (e.g. photographing in prohibited locations, violating third-party privacy or property rights).

5. Ratings and communication

If rating and review functions are available, Users must give truthful, fair, and fact-based feedback. Ratings must not be abusive, defamatory, or otherwise unlawful.

sihmo may remove ratings that violate these GTC or legal provisions, especially where they infringe personality rights or constitute inadmissible defamatory criticism.

Users must treat each other respectfully in communications and must not send spam, threats, insults, or harassment.

E. Conclusion and Performance of Contracts Between Photographers and Customers

1. Conclusion of contracts: free shooting and subsequent purchase

Services on the Platform follow a two-stage model. The photo shooting itself is offered free of charge and without obligation to purchase. Only the subsequent acquisition of images selected by the Customer is subject to payment. No purchase contract is concluded until the Customer actively buys specific images via the Platform.

a) Initiation and free shooting

The Photographer approaches the Customer and offers a photo shooting. Before the shooting, the Photographer informs the Customer that the shooting is free of charge and without obligation, and that the resulting images can subsequently be purchased via the sihmo platform if the Customer wishes to acquire them.

If the Customer agrees, the Customer provides their e-mail address to the Photographer. The Photographer then sends the Customer an invitation to the shooting via the Platform.

b) Acceptance of the shooting invitation and these GTC

By accepting the shooting invitation, the Customer (i) agrees to participate in the free shooting and (ii) accepts these GTC and the Privacy Policy. Acceptance of the shooting invitation does not create any obligation to purchase images.

c) Delivery and review of images

After the shooting, the Photographer edits the images and uploads them to the Platform. The Customer receives an e-mail containing a personal link to a private gallery in which the images can be viewed. This link is personal to the Customer and must not be shared with third parties.

d) Purchase of images

The presentation of the images in the private gallery, together with the stated prices, constitutes a binding offer by the Photographer to grant the Customer usage rights in the selected images against payment (§ 145 BGB). A purchase contract for specific images is concluded only when the Customer selects those images and completes the purchase via the Platform (e.g. by clicking a buy function and completing payment). The Customer is under no obligation to purchase any images.

2. Right of withdrawal for consumers (Photographer as entrepreneur)

If a Photographer acts as an entrepreneur and concludes a contract with a Customer acting as a consumer (§ 13 BGB) at a distance via the Platform, statutory distance-selling regulations apply (§§ 312 ff. BGB).

In such cases, the Photographer is responsible for providing the Customer with all mandatory pre-contractual information, including information about the right of withdrawal (§ 312d, Art. 246a EGBGB), and for providing a withdrawal instruction and model withdrawal form where legally required.

sihmo may provide technical support (e.g. templates), but bears no legal responsibility for the Photographer's compliance with these obligations.

3. Execution of the shooting / service performance

Photographer and Customer are each responsible for properly fulfilling their mutual obligations (service, cooperation, payment) under the individual contract (§ 241 BGB).

sihmo is not responsible for non-performance, delays, quality, or other contractual breaches between Photographer and Customer.

4. Delivery of images

Unless otherwise agreed, delivery takes place digitally (e.g. via the Platform, download link).

Photos made available for download on the Platform by a Photographer are deleted from the download areas within 30 days after they have been uploaded, in accordance with our Privacy Policy. Any further use of the files by the Customer (e.g. local storage, own backups) takes place outside sihmo's responsibility.

If the Customer considers the images to be defective or not in conformity with the agreement, the Customer must notify the Photographer without undue delay and grant the Photographer an opportunity to remedy the defect (e.g. subsequent editing, re-shoot if agreed).

Warranty rights between Photographer and Customer are determined by the respective contract and applicable statutory provisions (§§ 434 ff., 280 ff. BGB).

5. Cancellation, no-shows, rescheduling

Cancellation conditions, fees, and rules for no-shows and rescheduling are to be agreed directly between Photographer and Customer.

Users are recommended to define these conditions in writing or via the Platform's communication tools. sihmo is not responsible for enforcing these agreements.

F. Prices, Platform Fees and Payment Processing

1. Prices for Photographer services

Photographers set their own prices, including whether prices are gross or net and including any applicable VAT.

Photographers must clearly indicate all price components to Customers, in accordance with German price indication regulations (Preisangabenverordnung), where applicable.

2. Platform fees and remuneration of sihmo

sihmo charges a platform commission of 10% of the transaction value for the use of the Platform and for payment processing. The current fee structure is also displayed transparently on the Platform and forms part of these GTC.

sihmo may adjust fees for the future. Fee changes will be communicated in advance; for ongoing user contracts, the amendment procedure in Section L applies.

3. Payment processing

Payments between Customers and Photographers are processed via the integrated third-party payment service provider Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland).

Where the payment service provider is used: the contractual relationship regarding the execution of payments is between the User and the payment service provider; the respective terms of the payment service provider apply; and sihmo may technically trigger payment instructions but does not provide regulated payment services itself, unless explicitly indicated in compliance with regulatory law.

sihmo may withhold payouts to Photographers in justified cases, in particular in case of suspected fraud or violation of these GTC, in case of disputes concerning a transaction, or where legally or contractually required by the payment service provider.

sihmo is entitled to set off agreed platform fees against amounts to be paid to Photographers.

4. Invoicing and taxes

Photographers are responsible for issuing legally compliant invoices to Customers, where required by tax law.

If sihmo offers an invoicing tool (e.g. invoicing in the name and on behalf of the Photographer), Photographers remain responsible for the correctness of the data and tax information.

Each User is responsible for fulfilling their own tax obligations and for obtaining any required tax advice.

G. Intellectual Property and Usage Rights in Photos

1. Ownership of rights

As a rule, copyright in photos remains with the Photographer (§ 7 UrhG).

Customers do not acquire ownership of copyright but only usage rights (§ 31 UrhG) to the extent explicitly granted.

2. Usage rights for Customers

The scope of usage rights (e.g. private use, social media use, commercial use, territory, duration, right to edit) must be agreed between Photographer and Customer.

In case of doubt, and absent an explicit individual agreement, it is presumed that the Customer acquires a simple, non-exclusive, non-transferable right of use for private purposes, without the right to sub-license, resell, or commercially exploit the photos.

Further exploitation (e.g. commercial advertising, sale of prints, licensing to third parties) requires an explicit written or text-form agreement.

3. Content licence granted to sihmo

To operate the Platform, the Photographer grants sihmo a simple, non-exclusive, revocable right to store, reproduce, and display uploaded Content solely to the extent technically necessary to provide the Platform services (e.g. presentation of portfolios, delivery of purchased photos). This licence ends when the Content is deleted, subject to statutory retention obligations and technical backups.

H. Liability and Indemnification

1. Liability of sihmo

sihmo is liable without limitation for damages resulting from injury to life, body, or health caused by a breach of duty by sihmo or its legal representatives or vicarious agents, and for damages caused intentionally or by gross negligence.

For slightly negligent breaches of essential contractual obligations (cardinal obligations whose fulfilment makes the proper performance of the contract possible and on whose observance the User regularly relies), liability is limited to the foreseeable, contract-typical damage.

Any further liability of sihmo is excluded. This does not affect liability under the German Product Liability Act (Produkthaftungsgesetz) or under any express guarantee assumed by sihmo.

2. No liability for User content and conduct

sihmo does not adopt User Content as its own and is not responsible for its accuracy, legality, or quality. As an intermediary, sihmo is liable for third-party Content only within the limits of §§ 7–10 of the German Telemedia Act / Digital Services Act framework (in particular Art. 6 Regulation (EU) 2022/2065 – DSA).

sihmo will act upon obtaining actual knowledge of unlawful Content by removing or disabling access to it without undue delay.

3. Indemnification

The User shall indemnify sihmo against all claims that third parties assert against sihmo due to a culpable infringement of their rights by the User's Content or the User's use of the Platform. This includes reasonable costs of legal defence. The User's further claims for damages remain unaffected.

I. Data Protection

sihmo processes personal data in accordance with applicable data protection law (EU GDPR, BDSG). Detailed information on the processing of personal data is set out in sihmo's separate Privacy Policy, available on the Platform.

Where Photographers process personal data of customers or depicted persons for their own purposes, they act as independent controllers within the meaning of Art. 4(7) GDPR and are solely responsible for compliance with applicable data protection law, as further described in the Privacy Policy.

J. Term and Termination

1. Duration of the user contract

The user contract between sihmo and the User is concluded for an indefinite period.

The basic use of the Platform for Consumers may, where offered, be free of charge; additional paid services are governed by separate conditions where applicable.

2. Termination by the User

Users may terminate the user contract and delete their account at any time by using the corresponding function on the Platform or by giving notice in text form (e.g. email).

Ongoing contracts between Photographers and Customers at the time of termination remain unaffected and must be fulfilled, unless Photographer and Customer agree otherwise. sihmo is not responsible for these contracts.

3. Suspension and termination by sihmo

sihmo may terminate the user contract with ordinary notice of 14 days in text form.

sihmo may suspend or terminate a user account with immediate effect for good cause ("wichtiger Grund"), in particular if there are substantial or repeated violations of these GTC or applicable law, there is justified suspicion of misuse, fraud, or other criminal behaviour, the User provides false information during registration or verification, or legal provisions or official orders require such measures.

In case of suspension or termination for good cause, sihmo may block access to Content and information belonging to the User, taking into account statutory retention obligations and the legitimate interests of all Users.

4. Effects of termination

After termination, Users lose access to their account and to Platform functions; sihmo is entitled, but not obliged, to delete or anonymise data and Content, unless there are legal retention obligations.

Usage rights already granted in photos (e.g. to Customers) remain unaffected by termination, unless otherwise agreed between Photographer and Customer.

Claims for payment that have already arisen at the time of termination remain due.

K. Dispute Resolution Between Users and Complaint Management

1. Disputes between Photographers and Customers

Disputes regarding performance of shootings, quality of photos, defects, delay, or usage rights must be resolved directly between Photographer and Customer.

sihmo may, at its discretion, offer support or mediation, but is not obliged to do so and does not assume the role of an arbitrator.

2. Internal complaint procedure

Users may contact sihmo's support with complaints regarding technical issues, billing of platform fees, or suspected violations of these GTC by other Users.

sihmo will examine such complaints within a reasonable time and decide on appropriate measures (e.g. warnings, blocking of Content, suspension of accounts).

3. Consumer dispute resolution

sihmo is neither obliged nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle), unless explicitly stated otherwise in the imprint or a separate notice.

L. Amendments to These GTC

1. Amendment mechanism

sihmo reserves the right to amend these GTC with effect for the future, insofar as this is necessary for legal, technical, or business reasons and does not unreasonably disadvantage Users contrary to good faith (§ 307 BGB).

Changes will be communicated to Users in text form (e.g. email or in-app message) at least 30 days before they take effect, indicating the planned effective date and the essential content of the changes.

2. User consent and objection

The changes are deemed accepted if the User does not object in text form within the period indicated in the notification and continues to use the Platform after the effective date.

In the notification of changes, sihmo will inform Users specifically about their right to object, the deadline, and the legal consequences (including termination options).

If the User objects to the changes, sihmo may terminate the user contract with ordinary notice.

M. Final Provisions (German Law and Jurisdiction)

1. Applicable law

These GTC and the user contract between sihmo and the User are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For Consumers, the mandatory consumer protection provisions of the country in which the Consumer has their habitual residence remain applicable, to the extent they conflict with German law.

2. Place of jurisdiction

If the User is a merchant ("Kaufmann"), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the user contract and these GTC is the registered place of business of sihmo (Hagen).

Statutory places of jurisdiction for Consumers (e.g. § 29c ZPO) remain unaffected.

3. Language

These GTC are provided in English. A German version may be provided for information. In case of discrepancies, the English version shall prevail.

4. Severability clause

Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

The invalid or unenforceable provision shall be replaced by a valid provision which comes closest to the economic purpose of the original provision. The same applies to any gaps in these GTC.

5. No waiver

Failure by sihmo to assert rights under these GTC shall not be deemed a waiver of such rights.