User Terms

INTRODUCTION

We are MYMCO OÜ (“MYMCO”, “we”, “us”, “our”), a private limited company registered in Õie tn 6-13, 93818 Kuressaare linn, Estonia. These Terms and Conditions (“Terms”) govern your use of the MYMCO website (“Website”) (the Website is provided solely for informational purposes about our mobile application) at mymcoapp.com, mobile application available on iOS and Android (“App”), and any related services (together, the “Services”). By accessing or using the Services, you become a user of the Services (a “User”) and agree to be bound by these Terms and our privacy policy (the “Privacy Policy”), so it is important that you read these Terms and these policies and procedures carefully before you create an account in the MYMCO mobile application. If you have any questions, feel free to reach out to us at help@mymcoapp.com.

These Terms incorporate by reference the Apple Media Services Terms and the Apple End User License Agreement (EULA), to the extent they apply to your use of the App on iOS devices, and the Google Play Terms of Service, to the extent they apply to your use of the App on Android devices.

As we reserve the right to modify or replace these Terms at any time, we ask you to check this page regularly for updates. The updated version will take effect when published on the Website or in the App, and we will keep the previous version available on request so that you can identify which version applied to your booking. If changes are material, we may also notify you via email or an in-app notification. Your continued use of the Services after changes means you accept the updated Terms.

We have developed and are offering a two-sided marketplace app available on iOS and Android that (a) matches individual mountaineers, hikers, climbers, and ski tourers with each other for self-organised trips, and (b) connects them with independent, vetted mountain guides and guiding agencies (each, a “tour guide/agency”) for paid, professionally-led trips. MYMCO is a marketplace facilitator, not a tour operator. We do not ourselves organize, lead, or supervise any trip. Guides or agencies are solely responsible for delivery, safety, and legal compliance of the trips they list on our app.

1. Use of MYMCO App

1.1 Using certain features requires creating an account.

1.2 You agree to provide accurate, current, and complete information when registering, and to keep your information up to date.

1.3 You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

1.4 If you believe your account has been compromised, please notify us immediately at help@mymcoapp.com.

1.5 We provide the Services with reasonable care and skill, but we do not warrant that the App or Website will be available without interruption or free from errors. We may modify, suspend or discontinue any part of the Services, including individual features, at any time, and we will give reasonable notice of any discontinuation that materially affects you unless the change is required urgently for security, legal or technical reasons. If you have a confirmed booking, a suspension or discontinuation of the Services does not affect the contract for the trip between you and the tour guide/agency, or your refund rights under section 8.

1.6 You must be at least 18 years old to use the App. By using the Services you confirm that you are 18 years or older and understand the risks associated with outdoor activities.

2. User Conduct

2.1 You agree to:

2.1.1 Use the Services responsibly;

2.1.2 Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;

2.1.3 Use your real name when creating your MYMCO account and on your profile;

2.1.4 Review the in-app Safety Tips;

2.1.5 Review and comply with the Community Guidelines, as updated from time to time.

2.2 You agree not to:

2.2.1 Misrepresent your skills, experience, or identity;

2.2.2 Use the Services for illegal, harmful, or fraudulent purposes;

2.2.3 Harass, abuse, or harm other members;

2.2.4 Post or share offensive, misleading, or infringing content (see section “Prohibited Content” below);

2.2.5 Attempt to interfere with or disrupt the Services;

2.2.6 Arrange, solicit or make payment for a trip listed on the App outside the App’s checkout, or otherwise circumvent the App’s booking and payment process.

3. Types of Content

3.1 When using MYMCO, you may encounter or contribute three types of content:

3.1.1 Content you upload or provide (“Your Content”)

3.1.2 Content created or shared by other members (“Member Content”)

3.1.3 Content provided by MYMCO, including text, graphics, software, matching systems, and databases (“Our Content”)

3.2 To protect the MYMCO community, we maintain clear rules on what is and is not acceptable across all forms of content on the platform.

4. Prohibited Content

4.1 Our Community Guidelines (published in the App and at mymcoapp.com, the “Community Guidelines”) form part of these Terms and outline the standards of acceptable behaviour both on and off the App. Our safety guidance published in the App (the “Safety Tips”) is provided for your information and does not form part of these Terms. We may update the Community Guidelines from time to time, and the change-notice provisions in the Introduction apply to material changes in the same way as they apply to these Terms.

4.2 You agree to comply with these Community Guidelines at all times.

4.3 We want Users to express themselves authentically, but certain types of content are strictly prohibited. You may not upload, share, or engage in content that:

4.3.1 Could reasonably be deemed to be offensive or to harass, abuse or cause psychological distress to another person;

4.3.2 Is obscene, pornographic, violent or contains nudity;

4.3.3 Is abusive, threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;

4.3.4 Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;

4.3.5 Encourages or facilitates any activity that may result in harm to the User or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism;

4.3.6 Is defamatory or untrue;

4.3.7 Involves or facilitates the transmission of spam;

4.3.8 Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from MYMCO or otherwise;

4.3.9 Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

4.3.10 Was not written by you, unless expressly authorized by MYMCO;

4.3.11 Includes the image or likeness of another person without that person’s consent;

4.3.12 Is inconsistent with the intended use of the Services; or

4.3.13 May harm the reputation of MYMCO or its affiliates, meaning the uploading or sharing of content on the MYMCO platform that is defamatory to MYMCO or its affiliates or advocates misuse of the Services or any service provided by MYMCO’s affiliates.

4.4 Violations may result in content removal, account restrictions, or permanent removal from MYMCO.

5. Your Content

5.1 You are responsible for all content you upload or share on MYMCO.

5.2 Your Content must comply with our Community Guidelines at all times.

5.3 By submitting Your Content, you agree to:

5.3.1 only upload information, photos, and other materials you have the right to use;

5.3.2 ensure that what you post does not infringe the rights of others;

5.3.3 accept full responsibility and liability for Your Content;

5.3.4 indemnify and hold MYMCO harmless from any claims related to Your Content.

5.4 You may not include personal contact information or sensitive data on your public profile, including (but not limited to) your home address, phone number, email address, bank details, or URLs. Any personal information you choose to share with other Users in private messages is at your own risk.

5.5 Because MYMCO is a shared community, Your Content may be visible to Users across the app. Make sure you are comfortable with this visibility before posting.

5.6 By uploading Your Content, you grant MYMCO a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, adapt, reproduce, display, and distribute Your Content in connection with providing, improving, and promoting the app.

5.7 We may assign or sublicense these rights to our affiliates or successors without further approval.

5.8 We are not obligated to store Your Content, so you should keep a backup of anything important.

5.9 To help protect Your Content from unauthorized use outside MYMCO, you authorize us to act on your behalf in addressing infringements, including issuing takedown notices where appropriate.

6. Member Content

6.1 Other Users may upload or share content through the app. Member Content belongs to the User who posted it and is displayed on MYMCO at their direction.

6.2 You do not have the right to copy, use, or distribute Member Content for purposes outside of MYMCO.

6.3 In particular, you may not use another User’s information to:

6.3.1 harass, threaten, stalk, or annoy them;

6.3.2 engage in commercial activity unrelated to a trip booked through the App, including soliciting bookings, payments or future business off-platform;

6.3.3 send spam or unsolicited messages;

6.3.4 violate the law in any way.

6.4 We may suspend or terminate your account if you misuse Member Content.

6.5 Member Content is subject to the applicable copyright laws. If you believe content infringes your rights, you may contact us using the reporting tools in the app.

7. Our Content

7.1 All other content on MYMCO, including text, software, code, graphics, logos, trademarks, algorithms, databases, and design elements, belongs to us or is licensed to us.

7.2 We grant you a non-exclusive, personal, non-transferable, revocable license to access and use Our Content solely for the purpose of using the MYMCO app as intended.

7.3 You may not:

7.3.1 modify, sell, distribute, or use Our Content for any commercial purpose;

7.3.2 create derivative works from Our Content;

7.3.3 scrape, copy, reverse-engineer, or extract any data from Our Content;

7.3.4 use hidden text, metadata, or tags using our brands or trademarks;

7.3.5 use Our Content for any unlawful purpose.

7.4 All rights not expressly granted remain with MYMCO.

8. Booking policy and refunds

8.1 Each trip booked through MYMCO is provided under a contract concluded directly between you and the tour guide/agency. MYMCO is not a party to that contract. MYMCO’s own contract with you is limited to the provision of the Services, namely access to the App and the facilitation of the booking. The contract for the trip is concluded at the moment MYMCO confirms the booking to you in the App in accordance with section 9.5, at which point the tour guide/agency becomes bound to provide the trip and you become bound to pay the price. A booking is made as follows: you apply for a trip; the tour guide/agency approves or declines your application; you pay through the App’s checkout; and MYMCO confirms the booking. No payment is taken from you before the tour guide/agency has approved your application.

8.2 When booking a trip through MYMCO, an administration fee (the “Admin Fee”) will be added to the total checkout sum. The Admin Fee is the consideration payable to MYMCO for the marketplace services it provides to you, namely access to the App, matching and search functionality, and the facilitation and administration of your booking. It is charged and retained by MYMCO in its own name and for its own account, and does not form part of the price of the trip payable to the tour guide/agency. The payment options available for a particular trip are shown to you at checkout before you pay, and may be payment in full, a split payment, or both, depending on how far in advance the trip is booked. Where a split payment is used, the following applies: a deposit of 30% shall be paid at checkout, while the remaining 70% will be payable 45 days before the departure. If the remaining amount is not paid at least 38 days before departure, the booking will be cancelled automatically, and the deposit will be forfeited to the tour guide/agency.

8.3 The 14-day right of withdrawal does not apply to trips booked through MYMCO. Under article 16(l) of Directive 2011/83/EU on consumer rights, there is no right of withdrawal for services related to leisure activities where the contract provides for a specific date or period of performance. Trips booked through MYMCO are services related to leisure activities and are booked for a specific date or period.

8.4 MYMCO is neither an organiser within the meaning of article 3 (8) nor a retailer within the meaning of article 3 (9) of Directive (EU) 2015/2302 on package travel and linked travel arrangements. MYMCO does not combine travel services into packages within the meaning of article 3 (2) of that Directive, and does not facilitate linked travel arrangements within the meaning of article 3 (5). Each trip booked through MYMCO is a single travel service provided by the tour guide/agency, and MYMCO is solely an intermediary platform connecting Users with tour guides/agencies. If a tour guide/agency itself combines its trip with transport, accommodation or other travel services, that tour guide/agency, and not MYMCO, is the organiser of the resulting package.

8.5 The Admin Fee is charged for marketplace services which MYMCO provides to you immediately. By completing the booking you expressly request that MYMCO begins providing those services without delay, and you acknowledge that you will lose your right of withdrawal in respect of the Admin Fee once those services have been fully provided. Under article 16(a) of Directive 2011/83/EU on consumer rights, there is no right of withdrawal in respect of a service contract which has been fully performed, where performance began with the consumer’s prior express consent and with the acknowledgement that the right of withdrawal is lost upon full performance. MYMCO’s marketplace services in respect of a booking are fully provided at the moment MYMCO confirms the booking to you in the App in accordance with section 9.5. The Admin Fee is therefore non-refundable in all cases, whoever cancels the trip and for whatever reason.

8.6 Users can nevertheless cancel their trips for a refund if they so choose by sending a corresponding e-mail to help@mymcoapp.com and to the tour guide/agency. If you do not cancel the trip, but fail to show up at the agreed upon date, time and place, you will not receive any refund. Refunds are settled out of the amounts MYMCO then holds for you under section 9.1; if a deposit has already been released to the tour guide/agency, section 9.2 applies to that amount. The refund amount depends on the days remaining before the trip and is subject to certain deductions:

8.6.1 60 days or more before the first day of the trip – 100% refund of the trip price;

8.6.2 59 to 30 days before the first day of the trip – 75% refund of the trip price;

8.6.3 29 to 20 days before the first day of the trip – 50% refund of the trip price;

8.6.4 less than 20 days before the first day of the trip – no refund.

8.7 The Admin Fee, any other fees clearly disclosed as non-refundable before booking, and the tour guide/agency’s non-reimbursable expenses already incurred (accommodation, permits, staff/porters, food, etc.) will be deducted from the refund amount. The tour guide/agency must declare those expenses to MYMCO at the time of the cancellation request, stating the amount and a short description, and provide supporting evidence on request; expenses that are not declared or not supported are not deducted. If the tour guide/agency’s expenses already incurred exceed the portion of the trip price you forfeit under section 8.6, the excess is deducted from the amount otherwise refundable to you. The deductions are capped at the amount collected from you. This section applies to cancellations initiated by the User. We strongly recommend all Users to purchase travel insurance that covers cancellations.

8.8 If the tour guide/agency cancels a confirmed booking as a business decision, you receive a 100% refund of the trip price with no deductions. The Admin Fee is not refunded. If the tour guide/agency declines or removes you from a trip before departure on reasonable safety grounds, that is treated as a cancellation by the tour guide/agency under this section, unless you have materially misrepresented your experience, fitness or equipment, in which case sections 8.6 and 8.7 apply as if you had cancelled. This section does not apply to a cancellation by the tour guide/agency due to weather or other exceptional circumstances, which is governed by sections 8.9 and 8.10.

8.9 If the tour guide/agency cancels due to weather or other exceptional circumstances, it must first offer you a reasonable alternative, namely an equivalent trip on the same dates or a postponement to alternative dates. If you accept, the booking continues on the same commercial terms. If you reject a reasonable alternative, standard cancellation policy stated in sections 8.6 and 8.7 apply. The timeline for cancellation in section 8.6 does not reset with the alternative offer. If neither an equivalent trip nor a postponement is feasible and the tour guide/agency cancels outright, you receive a 100% refund of the trip price, excluding the Admin Fee. This applies to genuine force majeure such as landslide, storm or avalanche risk, and equally to any other exceptional circumstance beyond the tour guide/agency’s control that it can evidence under section 8.10.

8.10 A trip can be cancelled due to weather or other exceptional circumstances only by the tour guide/agency, and only where the tour guide/agency provides evidence of those circumstances at the time of the claim, such as an official weather advisory, avalanche bulletin, park or route closure, withdrawal of a permit, or an official notice, order or advisory from a competent authority. If no adequate evidence is provided, MYMCO may treat the cancellation as a business decision under section 8.8, in which case you receive a 100% refund of the trip price excluding the Admin Fee, whether or not an alternative was offered.

8.11 A tour guide/agency may apply its own booking terms to the trip, covering matters such as equipment, fitness requirements, group size, itinerary changes and on-trip conduct. Any such terms must be made available to you before you book, must be consistent with these Terms and must not reduce the cancellation and refund rights set out in this section or any right you have under mandatory consumer protection law. If a tour guide/agency’s terms conflict with these Terms, these Terms prevail as between you and MYMCO, and the cancellation and refund provisions of this section prevail in respect of bookings made through the App.

8.12 The tour guide/agency sets the price of each trip. Prices are displayed to you in EUR and must include all charges the tour guide/agency requires you to pay before or during the trip, other than mandatory local payments disclosed under section 8.13. The tour guide/agency is solely responsible for determining, charging, declaring and remitting any VAT, tourist tax, permit or park fee or other tax or levy applicable to the trip, and for issuing any invoice or receipt required by law.

8.13 If a trip requires a mandatory local payment on arrival, such as a permit, park or rescue-service fee, the tour guide/agency must disclose it clearly in the listing before you book, including the amount and currency. Such amounts sit outside the App’s checkout: you pay them locally, MYMCO does not collect them, and the Admin Fee does not cover them.

8.14 If you fail to appear at the agreed meeting point, arrive too late to join the trip, leave the trip after departure, or are removed from the trip under section 8.16, no refund is due beyond the tiers set out in section 8.6, and the tour guide/agency is not required to extend, repeat or reschedule the trip.

8.15 If the tour guide/agency fails to deliver a confirmed trip and has not cancelled it under sections 8.8 to 8.10, including if it fails to appear, abandons the trip before departure or ceases to respond, that is a breach by the tour guide/agency of the contract for the trip. MYMCO will refund to you, out of the amounts it then holds for you under section 9.1, the trip price collected from you and not yet released to the tour guide/agency, and the Admin Fee is treated in accordance with section 8.5. Any part of the trip price already released to the tour guide/agency is dealt with under section 9.2, and your claim in respect of it lies against the tour guide/agency. The tour guide/agency must pay any such amount directly to you in accordance with section 9.2, and MYMCO does not collect it from the tour guide/agency or pay it to you on its behalf. Nothing in this section affects any right you have under mandatory consumer protection law.

8.16 You must behave respectfully towards your tour guide/agency and the other participants, follow the tour guide/agency’s instructions and maintain safe conduct at all times during a trip. The tour guide/agency has final authority on safety decisions during the trip. The tour guide/agency may remove you from the trip after departure if your behaviour endangers you or another person, including where you are under the influence of alcohol or drugs, repeatedly disregard safety instructions, or are evidently unable to continue the route safely. Removal must be proportionate to the risk and, where the circumstances reasonably allow, preceded by a warning. The tour guide/agency must bring you, or arrange for you to be brought, to a place of reasonable safety, and must notify MYMCO of the removal and its grounds without undue delay.

8.17 If you are removed from a trip under section 8.16, no refund is due and the tour guide/agency is not required to extend, repeat or reschedule the trip. Any costs of your descent, transport, accommodation or evacuation following the removal are your responsibility, except to the extent they arise from the tour guide/agency’s own act or omission. Nothing in this section affects any right you have under mandatory consumer protection law.

9. Commercial agent exclusion

9.1 When you pay for a booking, MYMCO receives the amounts solely on the User’s behalf and for the User’s account. The amounts are not MYMCO’s own funds and do not form part of MYMCO’s assets or revenue; wherever they are held, they are held for the account of the User. Subject to the deposit rules below, MYMCO instructs release of the amounts to the tour guide/agency 2 days after the trip has begun. The amounts remain under MYMCO’s control and are not available to the tour guide/agency until MYMCO instructs their release and are held to the User’s order until then. If you pay a deposit, the deposit is released to the tour guide/agency following confirmation of the booking, and the remaining 70% balance is released 2 days after the trip has begun. This is done to ensure the booked trip takes place as planned. You expressly instruct and authorise MYMCO to release the deposit at that time, and you acknowledge that once released the deposit is held by the tour guide/agency and not by MYMCO, that MYMCO does not guarantee its repayment, and that the consequences of release are those set out in sections 9.2 and 13.6. In all cases, the User authorises MYMCO, and MYMCO accepts, to act as the User’s commercial agent, authorised to negotiate and conclude the purchase of the trip from the tour guide/agency on behalf of the User only, and to receive, hold and transfer the amounts paid solely on the User’s behalf. MYMCO does not act as a commercial agent, representative or collection agent of the tour guide/agency.

9.2 Until MYMCO releases the funds to the tour guide/agency, the amounts held remain attributable to the User, and any refund due under section 8 is settled out of those amounts. The User’s payment obligation towards the tour guide/agency is discharged when MYMCO releases the funds. If a deposit has already been released to the tour guide/agency in accordance with section 9.1, that amount has been paid to your counterparty on your instruction and is no longer held by MYMCO. Any claim in respect of it, including if the tour guide/agency fails to deliver the trip, lies against the tour guide/agency under the contract for the trip, and MYMCO is not responsible for repaying it to you. Where a refund is due to you and any part of the trip price has already been released to the tour guide/agency, the tour guide/agency must pay that amount directly to you, to the refund details you provide, within 14 days of the refund becoming due. MYMCO does not receive, hold or pay that amount on the tour guide/agency’s behalf, and the tour guide/agency’s obligation is discharged only when you have received it. MYMCO may act as intermediary, including by notifying the tour guide/agency that a refund is due and passing your refund details and the tour guide/agency’s payment confirmation between you, and, when possible, assists you with correspondence regarding your claim. This section does not limit MYMCO’s liability for its own failure to comply with section 9.1 or with your cancellation and refund rights under section 8, or any liability that cannot lawfully be excluded under section 13.8.

9.3 The amounts held under section 9.1 are not a deposit, do not constitute electronic money and do not bear interest for the User.

9.4 Because MYMCO acts as a commercial agent on behalf of only one party, the payment transactions described in this section fall within the exclusion set out in article 3 (b) of Directive (EU) 2015/2366 (PSD2), and accordingly outside the scope of that Directive and of the Estonian Payment Institutions and E-money Institutions Act. MYMCO is not a payment institution, an e-money institution or a payment service provider and does not provide payment services.

9.5 Once MYMCO has received the User’s payment, whether the deposit or the full price, the booking is deemed confirmed and the booked trip is binding on the tour guide/agency, and MYMCO confirms the booking to the User in the app. This applies irrespective of the fact that MYMCO releases the funds to the tour guide/agency only at a later date under section 9.1, and does not affect the User’s cancellation and refund rights under section 8. Confirmation of a booking does not make MYMCO the provider of the trip; the trip is organised and performed by the tour guide/agency, which remains solely responsible for its delivery.

10. Platform obligations and reporting

10.1 MYMCO is a provider of an online platform within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act). This section sets out how we handle illegal content, trader information and complaints.

10.2 Before a tour guide/agency may offer trips through the App, we collect and take reasonable steps to verify its identification details, including name, address, telephone number, email address, payment account details, trade register or equivalent registration details where applicable, and a self-certification that it will offer only trips complying with applicable law. We display the tour guide/agency’s identity and contact details in the App so that you know who your counterparty is before you book. If a tour guide/agency fails to provide or correct this information, we will suspend its access to the App until it does.

10.3 If you consider that any content or trip offered through the App is illegal, you may notify us using the in-app reporting tools or by email to help@mymcoapp.com. Please describe the content or listing, explain why you consider it illegal, and tell us where to find it. We will confirm receipt, assess each notice in a timely, diligent and non-arbitrary manner, and inform you of our decision and the reasons for it.

10.4 If we remove content, restrict visibility, suspend or terminate an account, or suspend a booking, we will give the affected User a statement of reasons explaining the ground for the decision and how it may be challenged. You may contest any such decision free of charge for at least six months by writing to help@mymcoapp.com. We will review complaints under human supervision and reverse the decision where the complaint is well founded. This does not affect your right to bring the matter before a court or, where available, an out-of-court dispute settlement body.

10.5 If we become aware that a trip or service offered through the App was illegal, we will inform affected Users who booked it in the preceding six months of the illegality, the identity of the tour guide/agency and any available means of redress, where we hold their contact details.

10.6 We moderate content and listings on the basis of these Terms and our Community Guidelines. Decisions may be taken with the assistance of automated tools, always subject to human review on request.

10.7 Before a tour guide/agency may list trips, we carry out the following checks: (a) verification of its identity and, where it is a business, its registration in the relevant commercial register; (b) review of the professional qualifications, certifications or memberships it presents for the disciplines it offers; and (c) confirmation that it has declared holding liability insurance covering its guiding activities. We may also take into account User reports and reviews, and we re-check credentials periodically and on expiry.

10.8 Our checks are limited to verifying the documents and declarations presented to us at the time of review, including confirming that any certifications, licenses, or insurance policies submitted are currently valid and have not expired. We are not able to, and do not, assess or guarantee a tour guide/agency’s actual competence, judgement, physical fitness or conduct on any given trip, nor the continuing validity of its qualifications or insurance. References in these Terms or our marketing to guides being “vetted” mean only that the checks described in this section have been carried out. It remains the guide/agency’s responsibility to hold current, valid documentation at all times and to promptly notify MYMCO of any lapse, non-renewal, or change. You remain responsible for satisfying yourself that a tour guide/agency is suitable for the trip you intend to undertake.

10.9 Licensing and certification requirements for guiding vary significantly by jurisdiction, activity, and terrain. It is the sole responsibility of each guide/agency to hold, maintain, and comply with any and all licenses, permits, certifications, and insurance required by the laws and regulations applicable in the location(s) where they operate. We do not independently verify whether a given jurisdiction legally requires certification for a particular activity, and the absence of a mandatory certification requirement in one region does not indicate, and should not be inferred to indicate, a lower standard of vetting generally.

11. Use of Recommender Systems

11.1 MYMCO uses matching algorithms to help Users find compatible partners, groups, and trips.

11.2 These systems use profile data, experience levels, goals, and other parameters to show you relevant matches. The main parameters determining what is suggested to you are the activity types and disciplines you select, your stated experience and skill level, your stated objectives, your location and the geographic area of the trip, the dates you are available, and the degree to which these correspond to those of other Users or to a listed trip. Their relative importance is that correspondence of activity type, skill level and dates weighs most heavily, followed by location and stated objectives. If the App offers options to influence or reset these parameters, you can change them in your profile and matching settings at any time.

11.3 You can learn more about how we process data and use algorithmic recommendations in our Privacy Policy.

12. Privacy

12.1 Your privacy is important to us. We have a separate policy about it that you should read for information about how we collect, use, and disclose your personal information. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

13. Limitation of Liability

13.1 MYMCO is a platform for connecting climbers, mountaineers and other outdoor enthusiasts. While we provide tools designed to encourage transparency, honesty, and safer connections (such as detailed profiles and reporting features), we do not verify every User’s background, skills, or behaviour, and our checks on tour guides/agencies are limited to those described in section 10. You are solely responsible for your interactions with other Users, assessing the risks of activities you undertake, and evaluating the trustworthiness, skills, and suitability of anyone you choose to meet or climb with.

13.2 To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, bookings, business, goodwill or anticipated savings, whether incurred directly or indirectly, arising out of or in connection with your use of the Services.

13.3 Climbing, mountaineering, hiking, and other outdoor activities involve inherent risks, including injury or death. MYMCO is not responsible for any accidents, injuries, losses, or damages that occur during activities you arrange with other Users, or during any trip provided by a tour guide/agency. The tour guide/agency is solely responsible for the planning, conduct, supervision and safety of the trips it provides, and for holding any qualifications, licences and insurance required by applicable law. You participate entirely at your own risk.

13.4 MYMCO does not provide, coordinate or fund emergency response, search, rescue, evacuation or medical assistance. In an emergency you should contact the local emergency services directly. Any costs of search, rescue, evacuation, medical treatment or repatriation are your responsibility or that of your insurer, and are not covered by MYMCO. If a trip is guided, the tour guide/agency is responsible for emergency procedures during the trip.

13.5 If an accident, injury or other serious incident occurs on a trip booked or arranged through the App, we ask that you report it to us at help@mymcoapp.com as soon as reasonably practicable. Reporting helps us apply these Terms and our Community Guidelines, but does not create any obligation on MYMCO to provide assistance or compensation.

13.6 To the fullest extent permitted by applicable law, MYMCO’s total aggregate liability to you arising out of or in connection with these Terms and your use of the Services shall not exceed EUR 500 (five hundred euros) or the Admin Fee paid for the trip, whichever is smaller. This limitation applies to MYMCO’s own liability as provider of the Services. It does not limit, assume or otherwise affect the liability of any tour guide/agency towards you under the contract for the trip, for which the tour guide/agency is solely responsible. For the avoidance of doubt, this limitation applies to any claim arising from a tour guide/agency’s failure to deliver a trip or its misappropriation of amounts released to it in accordance with section 9.1, and MYMCO gives no guarantee, warranty or indemnity in respect of those amounts. You acknowledge that amounts released to a tour guide/agency are no longer held by MYMCO, that MYMCO does not underwrite the honesty or solvency of any tour guide/agency, and that it is for you to satisfy yourself, before you book and before you pay a deposit, as to the tour guide/agency you choose, including by reviewing its profile, qualifications, insurance and reviews in the App, keeping all communication and payment within the App, and considering travel or booking-protection insurance covering supplier failure. Nothing in this section affects section 13.8.

13.7 Each tour guide/agency is required to hold and maintain liability insurance appropriate to the activities it offers, and is responsible for verifying that its cover extends to the trips it lists. MYMCO does not provide any insurance, and no cover of any kind of insurance is included in the Admin Fee or in the price of a trip. We strongly recommend that you obtain your own travel, accident, medical and mountain rescue insurance appropriate to the activities you undertake, and that you check whether your policy covers the disciplines and altitudes involved, as many standard policies exclude mountaineering and ski touring.

13.8 Nothing in these Terms excludes or limits MYMCO’s liability where such exclusion or limitation is not permitted by applicable law, including liability for death or personal injury caused by MYMCO’s negligence, for intentional misconduct or gross negligence, or for any other liability that cannot lawfully be excluded or limited. Where you act as a consumer, your statutory rights under mandatory consumer protection law are not affected.

14. Termination

14.1 You may delete your account at any time through the app by following Account Deletion instructions.

14.2 If you have a confirmed booking that has not yet taken place, deleting your account does not cancel that booking or the contract for the trip, and does not alter your cancellation and refund rights under section 8. If you wish to cancel a booking, please follow the cancellation process in section 8.6.

14.3 We may suspend or terminate your account if you violate these Terms, misuse the Services, or for other legitimate reasons. If we suspend or terminate your account while you have a confirmed booking, we will tell you what happens to that booking, and any refund due is determined under section 8.

14.4 Upon termination, your right to use the Services will end, but certain provisions (such as intellectual property, limitation of liability, and governing law) will survive termination.

15. Governing Law & Dispute Resolution

15.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law rules. If you use the Services as a consumer, this choice of law does not deprive you of the protection of any mandatory provisions of the law of the country in which you are habitually resident, which continue to apply to you.

15.2 We would like to resolve any problem directly, so please contact us first at help@mymcoapp.com and we will try to reach a solution with you.

15.3 If you use the Services as a consumer, you may bring proceedings against MYMCO in the courts of Estonia or in the courts of the country in which you are habitually resident, and MYMCO may bring proceedings against you only in the courts of the country in which you are habitually resident.

15.4 As a consumer you may also refer a dispute to the Consumer Disputes Committee operating at the Estonian Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet, Endla 10a, 10122 Tallinn, info@ttja.ee), or to a competent alternative dispute resolution body in your own country. Referring a dispute to such a body does not affect your right to go to court.

15.5 If you use the Services other than as a consumer, disputes shall be resolved by the Harju County Court as the court of first instance.

16. General

16.1 Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent caused by an event beyond its reasonable control, including natural events, adverse weather, avalanche or rockfall, epidemic, war, civil unrest, strike, failure of telecommunications or infrastructure, or an act of a public authority. This does not affect your refund rights under section 8 or any right you have under mandatory consumer protection law.

16.2 We may transfer our rights and obligations under these Terms to another entity, for example in connection with a reorganisation, merger or sale of our business, provided that this does not reduce your rights under these Terms. We will notify you if this happens. You may not transfer your rights or obligations under these Terms without our prior written consent.

16.3 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be severed to the minimum extent necessary and the remaining provisions shall continue in full force and effect.

16.4 We will send notices to you at the email address associated with your account or by notification in the App. You may send notices to us at help@mymcoapp.com. A notice is deemed received on the day it is sent, or on the next working day if sent outside our normal working hours.

16.5 These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and MYMCO in relation to the Services. This does not exclude liability for any statement made fraudulently, and does not affect any right you have under mandatory consumer protection law.

16.6 Our failure or delay in enforcing any provision of these Terms does not waive our right to enforce it later.

17. Contact Us

17.1 If you have any questions about these Terms or want to resolve a complaint regarding the Services, please contact us at help@mymcoapp.com.