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1. Introductory Provisions

1. The purpose of these General Terms and Conditions (hereinafter referred to as the ‘GTC’) for the use of the Mayday-Mayday app (hereinafter referred to as the ‘Application’) is to regulate the mutual rights and obligations of the Provider and the User in connection with the use of the Application. The Application is available in the App Store and Google Play online stores.
2. By entering the required registration data via the Application and accepting the terms of use of the Application, the User of the Application accepts the Provider’s proposal, thereby concluding a contract for the use of the Application between the Provider and the User in accordance with the terms set forth in these GTC (hereinafter referred to as the “Agreement”), and the User shall be entitled to use the Application in accordance with these GTC.
3. By successfully completing the registration, the User creates his/her own account, which is protected by an email address and a password (hereinafter referred to as the “Account”).
4. The provider is Mayday-Mayday, LLC, with its registered office and address at: 2885 Sanford Ave SW, Grandville, MI 49418, USA – United States of America.
5. The user is a natural person who is a user of the Application and who is specified as the User during registration (hereinafter referred to as the “User”).
6. The Web Page means the web page of the Provider, i.e., www.mayday.promo (hereinafter referred to as the ‘Provider’).

2. Conclusion of a Contract

1. By downloading and installing the Application from the App Store and Google Play, the User expresses his/her will to enter into an agreement and their unconditional acceptance of the GTC (General Terms and Conditions).
2. The display of a button labeled “Registration” in the Application’s user interface constitutes an offer by the provider to enter into a contract.
3. The User’s click on the ‘Register’ button constitutes an unconditional acceptance of the proposal to enter into the Contractual Relationship by the User, and this action concludes the Contractual Relationship.
4. By clicking on the field entitled ‘I agree to the General Terms and Conditions for using the Myday Mayday app’ and subsequently checking the designated box during registration, the User expresses their agreement with these GTC.
5. By entering into the Agreement, the following provisions of these GTC take effect.
6. The legal relationship between the Provider and the User is established for an indefinite period.
7. The legal relationship between the Provider and the User-Advertiser for paid Advertisements is established for a fixed term.
8. The Provider or the User are entitled to terminate the legal relationship established between them at any time in accordance with the provisions of Article 9 of these GTC.

3. Definitions of Terms

1. The provider is Mayday-Mayday, LLC, with its registered office and address at: 2885 Sanford Ave SW, Grandville, MI 49418, USA – United States of America.
2. “User” means any natural or legal person with a created User Account who uses the Application and the services provided through it.
3. The “Contracting Parties” are the Provider and the User.
4. The app in an application named Mayday Mayday and is designed for mobile devices running on Android and/or iOS operating systems. It serves the PR, Promo, Marketing, and Advertising sector in the form free advertisements. As well Real Estate sector (Sale, Rental, and Purchase of Properties, Objects, Lands and other real estate) in the form of paid advertisements.
5. “Mobile device” means a mobile phone, tablet, or other device that meets the hardware and software requirements for installing and using the Application.
6. “User Account” means the account of the User created in the Application or through the Web Application, which is accessible to the User in both the Application and the Web Application, and which also enables the User to use certain functionalities within the Application and the Web Application.
7. “Web Application” is an internet application operated and managed by the Provider on the website www.mayday.promo, which allows the User to manage the User Account.

4. Application, Installation, User Account, Functionality

1. The application is an online application that allows the User, under the conditions set forth in these GTC, to process content inputted by the User. Content refers to all data and information that the User enters into the Application (hereinafter referred to as “Content”). Processing means performing operations with the Content within the scope and in the manner anticipated and enabled by the Application and its functionalities. The Application is created in compliance with Legal Regulations.
2. The Mayday Mayday App, designed for mobile devices with the Android and/or iOS operating system, consists of 2 versions. The Free App Version covers the Sales sector, PR Promo, Marketing, and Advertising. The Paid App Version covers the Rental, Purchase of Real Estate, Objects, Land, and other Real Estate properties, currently available in Slovak, English, and German language. Possibility of additional sectors in different language variations in the future.

The Free App Version

The Application is made available to the User with an Internet connection through a mobile connection or a fixed network connection via a wireless internet connection. The Provider grants the User the right to use the Application, specifically a non-exclusive, free of charge, geographically unlimited and time-limited right for the duration of the Application’s use.

The Paid App Version

After completing the Registration, the User can choose a subscription for a period of 1 month or 12 months through the Application. The price list for the subscription for individual monthly packages is made available through the Application. The price list for individual monthly packages purchased through the App Store and Google Play online stores is adjusted by the Provider.

Installing Application

For the proper functionality and use of the Application and the services provided through the Application, its installation on the Mobile Device is necessary. The Application is freely available for download to Users in the application store depending on the operating system of the User’s Mobile Device (in the case of the Android operating system – Google Play, in the case of the iOS operating system – App Store).

User Account

1. After downloading and successfully installing the Application on the User’s Mobile Device, the User is required, for proper functionality and use, to identify themselves through their User Account, either by registering according to the Provider’s instructions provided during registration (if the User does not have a User Account created and this is the User’s first login) or by logging into their User Account using the login credentials provided by the User during registration (if the User already has a successfully created User Account and this is a new/repeated login to the User Account through the Application).
2. To log in to the Application and/or Web Application, the User can also use the option of logging in with their Facebook social network account or their Google account.
3. The User is obliged to use the Application in a manner that prevents unauthorized access to their Account by an unauthorized person, and is obliged to take all measures to prevent the leakage of login credentials and passwords. The User is obliged to protect their Mobile Device and, in particular, access to the Application from unauthorized access by a third party, loss, theft, misappropriation, or other misuse.

   The User is obliged to secure their Mobile Device, if necessary, by properly locking it in accordance with the terms and options of the Mobile Device’s operating system. The User is entitled to prevent access to the User Account through the Application installed on the Mobile Device by temporarily logging out of the Application.

4. The User is fully responsible for any activities carried out under his login name and password within his Account.
5. In the event of unauthorized use of the User’s login credentials, the User is required to immediately notify the Provider of this fact. The User is entitled to request that the Provider generate new login credentials for the User Account without undue delay via the email address: office.maydaypromo@gmail.com
6. The Provider undertakes to ensure the protection of the User’s login credentials to the User Account, as well as the protection of the User’s data stored in the User Account and the User’s Database, against unauthorized access or misuse by third parties.
7. The Provider is not liable to the User for damages caused by the third-party misuse of login credentials on the User’s side.

Application Functionality

1. The Provider undertakes to provide the Service and maintain the Application in compliance with Legal Regulations, and undertakes to ensure the functionality of the Application on most devices, except in cases beyond the Provider’s control. The Provider reserves the right to initiate a technical suspension of the system for maintenance purposes and the deployment of new functionalities.

   The User shall have no claim to compensation for damages caused by the malfunction of the Application or the unavailability of the Website.

2. The Provider declares that it will ensure an adequate level of security for the Content against its deletion, loss, unauthorized modification or other damage, as well as against unauthorized access by third parties.
3. The Provider declares that it will not misuse the Content for its own benefit and that it will not make it available to third parties, except in cases where such an obligation arises from generally binding legal regulations or from a valid and enforceable decision of a public authority, or where it is necessary for the proper exercise and protection of the Provider’s rights and legitimate interests under or in connection with the Agreement.
4. The Provider declares that the Application and its functionalities will be provided in a quality that can be reasonably expected, taking into account their nature, purpose, the fee for providing the Service, and the conditions of using the Application in accordance with these GTC.

   In the event of errors or defects in the Application and its functionalities, the User agrees that their claims are limited to the remedy of such errors or defects, whereby their remedy will occur within a resonable time and in a manner determined by the Provider, primarily in the form of updating the respective functionality or by making a newer version of the Application available.

   Divergent provisions of the legal regulations of global countries in connection with liability for defects shall not apply, i.e., foreign legal regulations shall not apply if they conflict with mandatory consumer protection standards for the User, if international treaties exclude them, or if the contracting parties have agreed otherwise.

5. Copyright

1. The Copyright Act, as amended, and therefore this work is protected by © ® under the provisions of this Act.
2. The Provider is authorized to grant third parties the right to use the Application and the Web Application under license. The User is not authorized to copy, reproduce, or otherwise handle the Application and/or Web Application without the Provider’s consent in a manner that differs from the manner of using the Application and Web Application in accordance with these GTC.
3. The User undertakes not to use the Application in any manner that would infringe upon the Provider’s rights to the Application and/or harm the Provider’s reputation and interests. The User declares that he/she will not use the Application for purposes that are contrary to generally binding legal regulations and these GTC.
4. Use of the app for purposes other than those specified is prohibited.
5. Logo, Copyright: The content of this website is protected by copyright and other laws.
6. Failure to comply with the obligation under this paragraph constitutes a material breach of the Agreement.

6. Rights and Obligations of the Contracting Parties

1. When using the Application and the Web Application, the user is obliged to comply with generally legal regulations, valid and effective within the territories of the republics, as well as good morals.
2. The User undertakes to use the Application and the Web Application solely for their personal use in accordance with the license granted under the General Terms and Conditions (GTC).
3. The User undertakes to comply with the provisions of these GTC as amended.
4. The Provider undertakes to enable the User to use the Application and the Web Application.
5. The Provider undertakes to ensure the User continuous access to the User Account through the Application or the Web Application, depending on the User’s membership type.
6. The Provider is entitled to temporarily suspend access to the Application or its functionalities, to the Web Application, to the User Account and/or to the User Database for a necessarily long period of time in the event of updating and/or maintenance of the Application, the Web Application and/or hardware equipment used to operate the Web Application, User Accounts or User Databases.

   In such a case, the User is not entitled to compensation for damage caused by the non-functioning of the Application or Web Application and/or the unavailability of the User Account and/or the User Database.

7. The Provider is entitled, based on its own decision, to implement and/or remove elements and features of the Application and/or the Web Application at any time. It is entitled, based on its own decision, to update the Application and/or the Web Application at any time, whereby these updates may have a direct and/or indirect impact on the manner of functioning of the Application, the Web Application, or the services provided and/or accessible through them.
8. The Provider does not guarantee or warrant to the User that the Application and/or the Web Application will be accessible from any device used by the User.
9. The Provider provides services within the Application with professional care.
10. The Provider is entitled to temporarily interrupt or limit the provision of the Application or Web Application service without this being considered any violation of the GTC, in the event that the User or a third party abuses the Application or Web Application or allows its abuse, until the abuse is eliminated or technical measures are implemented to prevent this abuse. Examples of abuse include:
    • (a) engaging in any illegal or otherwise inappropriate activity that violates applicable laws through the service provided;
    • (b) disseminating or facilitating the dissemination of illegal or inappropriate communications;
    • (c) disseminating or facilitating the dissemination of malicious code;
    • (d) disseminating or facilitating the dissemination of unsolicited and harassing messages;
    • (e) infringing or facilitating the infringement of copyrights or proprietary rights;
    • (f) compromising the security of the Provider’s networks, information systems, or services;
    • (g) unauthorized access or attempting to gain unauthorized access to data in the Provider’s networks and information systems or to other users’ data;
    • (h) overloading the Provider’s networks and information systems;
11. The Provider is entitled to temporarily suspend or restrict the provision of the Application or Web Application service without this being considered a violation of the GTC, in the event that the User or a third party misuses the Application or Web Application or enables its misuse, until such misuse is eliminated or technical measures are implemented. The Provider provides and the user accepts the services “as is”.

    The Application or Web Application is not intended for entities subject to special regulation.

12. The Provider bears no responsibility for the content of the data provided to the User within the provision of the Application or Web Application services.

    The Provider undertakes to exert the highest possible effort to ensure that the content of the data provided to the User within the provision of the Application or Web Application services complies with the relevant legislation, whereby the User, by accepting and agreeing to these GTC, expresses their acceptance of the circumstance that the Provider bears no legal responsibility for the said compliance with legislation.

13. The Provider is entitled, for the purposes of providing the Application or Web Application service, to utilize the services of guarantors, who are individuals with verifiable expertise directly related to the functionalities of the Application or Web Application.

    The User accepts the provision of the preceding sentence and, at the same time, accepts the circumstance that the content created by the guarantors is explicitly of a recommendatory nature, and its practical app is at the sole discretion of the User.

7. Liability for Damage

1. The Provider shall not bear any liability for damage caused to the User by third parties, i.e., an error in the Android/iOS operating system, a failure of the cloud provider, or any defect in the Application or Web Application. The Provider shall not be liable for damage caused to the User by the malfunction of the Application or Web Application and/or caused by the unavailability of the User Account and/or the User Database.
2. The Provider shall not be liable for any damage caused as a result of events or phenomena that occurred independently of the Provider’s will.
3. The Provider shall not be liable for any damage resulting from the User’s voluntary practical application of any recommendations presented by the guarantor within the functionalities of the Application or the Web Application.
4. The Provider shall not be held liable or bear legal responsibility for lost profits, data loss, or financial losses caused by the malfunction of the application.
5. No Warranties: The applications are provided on an “as-is” and “as-available” basis. The provider does not guarantee that the application will operate uninterrupted, error-free, or that it is fully secure against cyberattacks.
6. Limitation of Liability: If liability does arise after all, the T&Cs often set a financial cap (e.g., limiting the compensation for damages to the amount of the subscription fee paid over the last year).

8. Protection of Personal Data

1. By creating a User Account and using the Application and/or Web Application, the User provides the Provider with data that the Provider processes in the scope, manner and for purposes that are in accordance with the provisions of the Regulation of the European Parliament and of the Council.

   The User’s personal data is processed by the Provider for the purpose of concluding and fulfilling the contract concluded between the contracting parties in accordance with these GTC and fulfilling the obligations under this contract or in connection with it, for the purpose of fulfilling the legal obligations of the Provider, for the purpose of direct marketing, for the purpose of handling requests or complaints of the User.

2. On July 10, 2023, the European Commission adopted an adequacy decision regarding the EU-US Data Privacy Framework, based on Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR” or “Regulation”).

   Based on the new adequacy decision, personal data can be safely transferred from the European Union to US companies participating in this framework without the need to introduce additional data protection safeguards. The decision is valid from the date of its adoption.

3. The User may revoke their demonstrable consent, or demonstrable disagreement with the use of the data provided by them under this section of the GTC, by sending an email to the Provider’s email address: office.maydaypromo@gmail.com.

   The following sentence is understood as an expression of demonstrable disagreement: “I refuse consent to the marketing processing of my personal data, including statistical evaluation of data for the needs of marketing and commercial communication, sending correspondence in the form of electronic mail, in the form of short message services or in any other similar methods.” The User has read and agrees that this sentence constitutes disagreement with the GTC, regardless of how the disagreement functionality is displayed or abbreviated in the Application itself and/or the Web Application.

4. Consent or dissent under this article of the GTC is granted for the entire duration of the contractual relationship between the User and the Provider within the meaning of these GTC, i.e., for the period from the date the consent or dissent is granted until the date the contractual relationship is terminated, i.e., until the date the User Account is deleted and/or until the date the operation of the Application and/or Web Application is terminated, but for a maximum period of 10 years from the date this consent or dissent is granted, whichever occurs first.

   The User may revoke the consent granted under the previous sentence at any time at their own discretion.

5. The Provider shall inform when it may contact the User by sending email messages and/or SMS messages to the contact addresses provided by the User when creating the User Account or provided by the User when using the Application and/or the Web Application, and/or via notifications within the Application for the purposes of direct marketing of their own similar goods and services.

   Messages pursuant to the previous sentence may be of an informational or advertising nature, and their originator is the Provider.

6. The User is entitled to notify the Provider at any time of his/her disagreement with the sending of these email messages, SMS messages or notifications via the contact form in the Application and/or Web Application.
7. The Provider will process personal data for the duration of the contractual relationship, during which it undertakes to ensure compliance with the most relevant principles of collection, use, sharing, and processing of personal data as a result of the effectiveness and publication of a separate text document entitled “Privacy Policy”.
8. Right to rectification of personal data – The User has the right to obtain from the Provider without undue delay the rectification of inaccurate personal data concerning him/her. Depending on the purpose of processing the personal data, he/she has the right to have incomplete personal data completed.
9. The website provider approaches the protection of personal data responsibly and seriously. It treats personal data as confidential in accordance with the relevant data protection legislation within the meaning of these GTC (General Terms and Conditions).

9. Termination of Use of the Application, Termination of the Agreement

1. The User may withdraw from the Contract in the following ways:
   • (a) The User may terminate use of the Application by logging out of the User Account and uninstalling the Application from their Mobile Device.
   • (b) The User who purchased the Application through the App Store or Google Play will cancel the subscription through the store.
2. The User acknowledges that after logging out of the User Account and uninstalling the Application from his/her Mobile Device, the Provider will continue to archive the User’s User Account for the purpose of making the User Account accessible after reinstalling the Application on the User’s Mobile Device and/or via the Web Application for a period of 365 days, 1 year.
3. The User is entitled, at his own discretion and discretion, to request the Provider at any time to delete the User Account and the User Database, which are operated by the Provider. The User can submit this request via the email address: office.maydaypromo@gmail.com, office.davidkennedy@yahoo.com
4. The User expressly acknowledges that by deleting the User Account and the User Database, all User data will be permanently deleted from the Provider’s hardware equipment, without the possibility of restoring them in the future. The Provider bears no responsibility for any damage caused by deleting the User Account and the Database.
5. The User may not transfer their rights under the Contract to a third party without the prior written consent of the Provider.
6. The Provider reserves the right at any time, at its sole discretion, to limit or interrupt the functionality of the Application and/or Web Application or any part thereof in the event that the Provider decides to terminate the operation of the Application and/or Web Application or any part thereof and/or functionality.

   If the procedure set forth in this section of the Terms and Conditions is followed, the User will be notified of the termination of the operation of the Application and/or Web Application a reasonable time before the termination of the operation of the Application and/or Web Application by the Provider.

7. With regard to the possibility of terminating the use of the Application and/or the Web Application, the Provider is not obliged to inform the User of their right to withdraw from the contract established between the Contracting Parties within the meaning of these GTC.
8. In the event of termination of the Agreement, the User’s Account will be permanently deleted, and along with the User’s Account, the related backups of the given Account created through the Application that were sent to the server will be deleted.

10. Alternative Dispute Resolution, Communication

1. All communication and any legal acts aimed at the establishment, modification, or termination of legal relations related to the use of the Application or the Agreement, including those requiring written form, shall be carried out via means of distance communication, specifically through electronic mail (e-mail).
2. If the User is not satisfied with the way the Provider handled their claim or complaint, or if the User believes that the Provider has violated their rights, the User has the right to request the Provider for a remedy via the email address: office.maydaypromo@gmail.com
3. Provider and the User are entitled to unilaterally change their contact information. The User undertakes to notify the Provider without undue delay of all changes to the data entered during registration for the Application, whereby such change shall become effective on the day following the delivery of the notice of change. A breach of this obligation may result in the inability to properly fulfill the rights and obligations under the Agreement and constitutes a material breach of the Agreement.

   In the event that damage occurs as a result of such a breach of obligation, the User shall be liable for such damage.

4. Changes on the Provider’s side will be published on the Website or through the Application.

11. Final Provisions

1. The creation of a User Account establishes a contractual relationship between the Provider and the User. The content of the contract thus concluded consists of these Terms and Conditions in the version effective as of the date of creation of the User Account and as amended from time to time.
2. This Agreement is entered into for the duration of the User Account and terminates on the date the User Account is deleted and/or on the date the Provider ceases to operate the Application and the Web Application.
3. The Provider is entitled to unilaterally amend, update, or supplement these Terms of Service at any time, particularly due to changes to the Application or Web Application, due to the Provider’s operational needs, due to the Provider’s business decisions, or due to legislative changes, and the validity and effectiveness of any update, amendment, or supplement to the GTC do not require the User’s prior or subsequent consent.
4. The Provider shall notify the User of any update, amendment, or supplement to these Terms and Conditions (T&C) before such changes take effect. This notification will be provided by displaying a relevant message in the Application and/or by sending a notice regarding the T&C change to the User’s email address, which the User provided during the User Account registration. Through this procedure, the Provider’s notification obligation towards the User is considered fulfilled.
5. In the event that any provision of these GTC is invalid, ineffective, or unenforceable, such fact shall not affect the validity, effectiveness, and enforceability of the remaining provisions of these GTC, unless the very nature of such provision excludes it under generally binding legal regulations.
6. On the date of entry into force of the change to the GTC, the Contract shall also be amended in accordance with the change to the GTC.

These GTC enter into force and effect on 18.08.2026.