Terms of Service

Last updated: October 26, 2026.

1 Introduction Preamble

THE SERVICES (AS DEFINED HEREIN) ARE NOT OFFERED TO RESTRICTED PERSONS OR TO INDIVIDUALS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE CRIMEA, DONETSK OR LUHANSK REGIONS OF UKRAINE, CUBA, THE DEMOCRATIC REPUBLIC OF CONGO, SYRIA, IRAN, LIBYA, MYANMAR (BURMA), NORTH KOREA, SUDAN, VENEZUELA, OR YEMEN, OR ANY OTHER TERRITORY IN WHICH ACCESS TO THE RELEVANT SERVICES IS PROHIBITED BY APPLICABLE SANCTIONS OR EXPORT CONTROL LAWS (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS”). THESE EXCLUSIONS INCLUDE FOMO'S COMMERCIAL RESTRICTIONS. A “RESTRICTED PERSON” IS ANY PERSON WHOSE ACCESS TO THE RELEVANT SERVICES IS PROHIBITED BY APPLICABLE SANCTIONS OR EXPORT CONTROL LAWS, INCLUDING A PERSON ON AN APPLICABLE BLOCKING OR RESTRICTED-PARTY LIST, AN ENTITY OWNED DIRECTLY OR INDIRECTLY, INDIVIDUALLY OR IN THE AGGREGATE, 50 PERCENT OR MORE BY ONE OR MORE PERSONS BLOCKED UNDER U.S. SPECIALLY DESIGNATED NATIONAL AND BLOCKED PERSONS LIST AND ANY OTHER PERSON SUBJECT TO APPLICABLE OWNERSHIP, CONTROL, OR TERRITORIAL RESTRICTIONS. FOMO MAY ALSO EXCLUDE PERSONS OWNED OR CONTROLLED BY A RESTRICTED PERSON OR OPERATING FROM A RESTRICTED JURISDICTION AS A MATTER OF COMPANY POLICY.

Other sanctions regimes apply to the extent legally applicable to Fomo, its providers, or the transaction. Fomo may also impose additional commercial or product restrictions at any time.

Restricted Persons must not access the affected Services. You must not use a VPN, proxy, false identity, or other means to evade applicable eligibility, sanctions, or product restrictions.

BY UTILIZING THE SERVICES, YOU REPRESENT AND WARRANT THAT (1) YOU ARE NOT A RESTRICTED PERSON; AND (2) YOU (INCLUDING, IF APPLICABLE, YOUR INDIVIDUAL OWNERS, REPRESENTATIVES, EMPLOYEES, OR ANY OTHER PERSON WITH ACCESS TO YOUR ACCOUNT) WILL NOT COORDINATE, CONDUCT, OR CONTROL YOUR USE OF THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION.

You represent that your use of each Service, including use on behalf of another person, complies with these restrictions. Fomo may request information to verify eligibility, restrict access while reviewing that information, and take blocking, rejection, reporting, or other action required by law or permitted by these Terms.

YOU AGREE THAT YOU ARE NOT PERMITTED TO MODIFY, DISASSEMBLE, DECOMPILE, ADAPT, ALTER, TRANSLATE, REVERSE ENGINEER, OR CREATE DERIVATIVE WORKS OF THE SERVICES TO MAKE THEM AVAILABLE TO ANY RESTRICTED PERSONS.

These Terms of Use ("Terms") are an agreement between you and FOMO Labs Inc., a Delaware corporation ("Fomo," "Company," "we," or "us"). They govern the websites at fomofamily.club, our mobile applications on supported operating systems, and the accounts, wallet interfaces, trading interfaces, social features, referral and reward programs, software, and other services that we make available (together, the "Services").

Independent protocols, blockchains, wallet infrastructure, exchanges, and other services supplied by third parties are "Third-Party Services." These Terms govern your relationship with Fomo concerning access to Third-Party Services through Fomo, including claims about our selection, presentation, integration, or support of those services. They do not replace a separate agreement between you and an independent provider.

“Company Parties” means Fomo, its parents, subsidiaries, and affiliates, and their respective directors, officers, employees, agents, licensors, and service providers, together with their successors and permitted assigns, in each case in connection with their involvement in the Services or conduct on behalf of Fomo. Each Company Party is an intended third-party beneficiary of the disclaimers, releases, limitations, indemnities, and protections in these Terms, including Sections 19 through 25, and may enforce them subject to their applicable conditions. This definition does not extend these Terms to an independent provider's unrelated products or conduct.

Our Privacy Policy is available at https://fomofamily.club/privacy-policy. Additional feature or promotion terms may apply when specifically identified and made available in connection with that feature or promotion. Section 24 governs conflicts among Fomo documents.

If you are engaging with the Services on behalf of another party, “you” (and its variants, including “your,” “yours,” etc.) as used herein refers to that person or entity on whose behalf the Services are used (e.g., an employer), and you represent and warrant that you have authority to bind that party to these Terms. If you use the Services in an individual capacity, then “you” (and its variants) refers to that individual. If others are using the Services on your behalf, you accept responsibility for the actions and inactions of all such persons as if they were your own.

The Services facilitate access to and interaction with third-party materials, such as decentralized exchanges (“DEXs”), third-party service providers and other technologies, including third-party smart contracts. We do not control these Third-Party Services and expressly disclaim any liability and responsibility arising from your use of these services.

We provide no guarantees regarding Third-Party Services or their quality, accuracy, uptime, availability, or the results of using them, even if accessed via our Services. By using third-party technologies or materials, you agree to be bound by their terms and conditions, which you are solely responsible for finding and reviewing. We may not provide those terms on our Services, and your failure to comply with them may result in loss of access to those services or legal liability. The allocation of liability under these Terms is subject to Section 25 and mandatory law.

Please read these Terms carefully, as they govern your use of the Services. These Terms cover your rights and obligations, as well as our disclaimers and include releases, disclaimers, limitations of legal liability related to your use of and access to the Services, and dispute resolution requirements. You accept these Terms by affirmatively agreeing through the acceptance process presented at signup or for a revision, or by using the Services. If you do not agree to these Terms, you must not access or use the Services.

IMPORTANT DISPUTE NOTICE. SECTIONS 19 AND 20 REQUIRE INDIVIDUAL ARBITRATION OF COVERED DISPUTES AND RESTRICT CLASS, COLLECTIVE, CONSOLIDATED, AND REPRESENTATIVE PROCEEDINGS, SUBJECT TO THEIR LIMITED EXCEPTIONS AND APPLICABLE LAW. SECTION 20 ALSO CONTAINS A SEPARATE MUTUAL JURY TRIAL WAIVER. SECTION 21 LIMITS THE TIME TO BRING CLAIMS WHERE LAWFUL. THERE IS NO CONTRACTUAL RIGHT TO OPT OUT OF THESE PROVISIONS EXCEPT AS SET FORTH IN SECTION 19 HERETO.

ADDITIONAL PRODUCT RESTRICTIONS APPLY. PERPETUAL FUTURES ("PERPS") AND TOKENIZED-ASSET FEATURES HAVE SEPARATE ELIGIBILITY, LOCATION, AND PRODUCT RESTRICTIONS UNDER SECTIONS 10 AND 11. AVAILABILITY OF THE CORE APP DOES NOT MAKE A RESTRICTED PRODUCT AVAILABLE TO YOU. YOU MUST SATISFY THE APPLICABLE REQUIREMENTS BEFORE ACCESSING THAT PRODUCT.

THE USE OF ANY TECHNOLOGY OR MECHANISM (INCLUDING A VPN, PROXY, OR SIMILAR TOOL) TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THESE RESTRICTIONS IS STRICTLY PROHIBITED AND WILL BE A MATERIAL BREACH OF THESE TERMS.

Throughout your use of the Services, you represent and warrant that: (i) you are at least eighteen (18) years old and have reached the legal age of majority where you reside and have the legal and mental capacity to enter into these Terms; (ii) your funds are not derived from or in any way connected to illegal, unauthorized, or restricted sources (including any Restricted Jurisdictions or Restricted Persons); (iii) you have the right to engage in all transactions and activities you participate in on or through the Services; (iv) you are not a Restricted Person and your access to the relevant Service is not prohibited in any way, and you are not located in a Restricted Jurisdiction; and (v) if you access or use Perps or Tokenized Assets functionality through the Services, you are not a person described in Section 10 or Section 11 (as applicable) as ineligible to access such functionality, and you will not use any technology or mechanism to circumvent geographic, jurisdictional, or other restrictions on Perps or Tokenized Assets.

2 Changes to these Terms

We may revise and update these Terms at our sole discretion. A revision takes effect on the effective date stated in the revised Terms for users who accept it through an applicable acceptance process. Acceptance may be obtained through an affirmative action or continued access to and use of the Services. We may require renewed affirmative acceptance as a condition of continued access.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you. If you do not accept a revision, you must stop using the affected Services.

3 Changes to the Services

We may update, add to, or discontinue the Service and its features from time to time. Any material on the Services may be out of date at any given time, and we are not obligated to update such material. Urgent legal, fraud, security, or third-party events may require immediate changes. Sections 22 and 25 govern termination and any resulting liability.

WE WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM CHANGES TO THE SERVICES OR THE AVAILABILITY OF SERVICES, AND YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM ANY LOSSES AND DAMAGES ARISING IN CONNECTION WITH SUCH CHANGES.

4 Accessing the Services and Account Security

We reserve the right to withdraw or modify our Services, and any service or material we provide on or in connection with the Services, at our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to parts of the Services, or the entire Services, at our discretion.

You are responsible for:

Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

We are not responsible for securing your account, wallet or (if applicable) any seed phrase or keys if you lose them, if someone steals them from you, or if someone gains access to them, including while in transit, through your systems or networks, or because you misplaced or disclosed them. If you lose access to your keys or seed phrase (if applicable), we are not liable for any losses you incur.

You should promptly report suspected compromise to support@fomofamily.club. Recovery may be limited or unavailable depending on the wallet configuration. It is your responsibility to secure your passwords, keys or seed phrases and to establish any applicable recovery mechanism. Third-party trading extensions and other tools that access your account may expose your credentials, account information, or transaction data, enable another person to act through your account, and result in account compromise, unauthorized transactions, or complete loss of digital assets. You use such tools at your own risk. If we determine or suspect that your account or credentials are being used through an unapproved tool or in violation of these Terms, we may, in our sole discretion and without advance notice, disable or revoke affected credentials or sessions and restrict, suspend, or terminate your account or access to the Services. We undertake no obligation to detect, monitor, approve, or support third-party tools. Sections 22 and 25 apply.

WE MAKE NO REPRESENTATIONS REGARDING THE SECURITY OR SAFETY OF YOUR DIGITAL ASSETS OR THE SERVICES AND WE DO NOT GUARANTEE THAT THE SERVICES OR ANY THIRD-PARTY SERVICES WILL BE FREE OF SECURITY INCIDENTS. YOU HEREBY RELEASE AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH THE SECURITY OF YOUR ACCOUNT OR ANY THIRD-PARTY SERVICES.

5 Usernames, Profiles and User Content

Usernames and handles are revocable account identifiers that we allocate; they do not give you an ownership right in the identifier or Fomo's trademarks. You retain the rights you hold in photographs, biographies, messages, and other content you submit ("User Content").

We reserve the right, in our sole discretion and without prior notice or liability, to:

Reclaim, reassign, rename, or otherwise modify any username, handle, profile picture or other User Content for any reason, including but not limited to prolonged inactivity, impersonation, infringement of third-party rights, profanity or offensive material, or to resolve disputes;
Remove, edit, or require modification of any User Content that we determine, in our sole discretion, to be objectionable, misleading, infringing, or otherwise in violation of these Terms; and
Suspend or terminate any account that violates this section.

You may not sell, offer for sale, auction, trade, transfer, license, or otherwise commercialize or assign any account, username, handle, or other account identifier to any third party, whether for cryptocurrency, fiat currency, goods, services, or any other consideration, without our written consent. Any attempted transfer in violation of this section is void and constitutes grounds for immediate suspension or termination of your account without notice.

By submitting User Content, you grant Fomo a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, adapt, modify, translate, display, perform, distribute, and otherwise use that content to operate, secure, develop, improve, and promote the Services, including through sharing features and promotion of publicly shared content. This license continues after account closure or deletion to the extent permitted by applicable law; exercise of the license remains subject to applicable privacy law. You represent and warrant that you have all rights and permissions necessary to submit the content and grant this license, including any necessary consents concerning persons identified or depicted. You waive moral rights to the extent they may lawfully be waived. Except for a reward actually Delivered under Section 8 or an express written agreement, no use of User Content entitles you to compensation.

6 Use of the Services

The Services are available through our supported applications and interfaces and may allow you to establish or connect a digital wallet (the “Wallet”) to transact in supported digital assets. Wallet functionality uses Privy, a third-party wallet infrastructure provider, or other supported infrastructure. Wallet creation, signing permissions, recovery, and key export depend on the configuration and capabilities of the relevant wallet and provider. The Fomo platform and Services do not custody user assets. Fomo does not guarantee the availability of any export, recovery, or access method, as such availability may be subject to Privy functionality.

Connected Accounts and Wallets. Certain features of the Services let you connect and interact with third-party accounts and wallets, including to on-ramp or convert funds. These features are powered by third-party service providers, including Mesh Connect, Inc. and its partners involved in providing those features (collectively, the “Connection Providers”). You acknowledge that your use of these features, including any communications or instructions transmitted through them, is at your own direction. Neither Fomo nor the Connection Providers acts as your broker in providing these connection features.

For each third-party account or wallet you connect to the Services (each, a “Connected Service”), you represent and warrant that you have all rights, permissions, and consents necessary to connect to and access that Connected Service through the Services, including, as applicable, to provide or authorize access to account login credentials, wallet addresses, account information, and other materials through the applicable connection functionality. You authorize Fomo and the Connection Providers, as applicable to their respective roles, to access the Connected Services and transmit instructions, communications, information, data, and other materials between the Services and your Connected Services to facilitate the features you use. The Connection Providers are intended third-party beneficiaries of this provision and may enforce its terms directly against you. The authorization in this provision applies solely to connection functionality expressly made available or authorized by Fomo and does not authorize any access, credential sharing, or activity otherwise prohibited by Section 16.

You must accept these Terms at initial signup and accept revisions as described in Section 2.

You are solely responsible for safeguarding your wallet, credentials, keys, and recovery methods and for reviewing the permissions you authorize. Third-party wallet capabilities, signing and recovery permissions, and access methods may vary or change. Availability of key export does not guarantee continued access through Fomo or recovery of a lost or compromised wallet. Section 25 applies.

Viewing, exporting, storing, or sharing a private key can expose all assets controlled by that key. An exported key may continue to control the wallet outside Fomo, and compromise of an email account, Apple ID, device, or other recovery credential may compromise access. Do not provide private keys to support staff or another person. Review the recovery and export instructions before relying on any recovery method. YOU ACKNOWLEDGE AND ACCEPT THESE RISKS, INCLUDING LOSS, THEFT, OR UNAUTHORIZED ACCESS, AND YOU AGREE TO HOLD HARMLESS THE COMPANY PARTIES FROM ANY CLAIMS ARISING IN CONNECTION WITH YOUR KEYS, ACCOUNTS, OR CREDENTIALS.

When you use the Services, you may use Third-Party Services and interact with technology (e.g., protocols, DEXs, smart contracts, bridges, embedded wallets, and other infrastructure) not controlled by us. You accept the risks inherent in those Third-Party Services and technologies and hereby release and hold harmless the Company Parties from any losses or liabilities you incur as a result of using such Third-Party Services or materials.

The Services provide interfaces through which you may submit transaction instructions to supported infrastructure. Fomo does not operate the independent DEXs, blockchains, or settlement protocols accessed through those interfaces and does not guarantee execution or settlement. A submitted instruction may be delayed, fail, execute at a different price within applicable parameters, or become irreversible after network acceptance.

We have no control over or responsibility for third-party protocols, networks, or technology, including Telegram. Changes or disruptions to Third-Party Services or other third-party materials may affect your access to and use of our Services. You acknowledge and accept this risk.

YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM ANY LOSSES OR DAMAGES YOU MAY SUFFER DUE TO THIRD-PARTY SERVICES OR MATERIALS, LOSS OR COMPROMISE OF YOUR SEED PHRASE OR KEYS, AND/OR ISSUES ARISING FROM YOUR TRANSACTIONS.

Review the recipient address, asset, network, amount, and any spending or session authorization before confirming. Authorizations may have continuing effects until revoked through the relevant wallet or protocol. We cannot promise recovery of an erroneous transfer or reversal of a finalized blockchain transaction. Unsupported assets, wrong-network transfers, malicious token contracts, bridge failures, stablecoin depegging, and liquidity failures can cause total loss.

Where required for a Third-Party Service, you must:

Provide accurate and complete personal identity information when requested;
Comply with applicable token purchasing and transfer rules;
Comply with applicable product-specific transfer or redemption restrictions. Unsupported assets, legal restrictions, access restrictions, pending transactions, sanctions requirements, and third-party capabilities and terms may prevent or delay a transfer or redemption. Fomo does not guarantee support for any asset, transaction, withdrawal, or external wallet; Section 22 applies when access ends.

7 Fees

Your use of the Services may involve two distinct categories of fees: (i) fees charged by Fomo, and (ii) fees and costs charged or imposed by third parties in connection with the execution of your transactions. You acknowledge and agree that these are separate. We address each separately below.

Fomo Fees. Fomo charges a fee on transactions conducted through the Services, including buy and sell transactions. The applicable fee depends on factors including the size and type of the transaction, the token involved, and how the transaction is routed. The fee applicable to your transaction is displayed before you confirm the transaction. Fomo may modify its fees at any time in its sole discretion, and the fee shown at the time of your transaction should be but is not guaranteed to be the fee that applies. The fee displayed for your transaction controls over general examples in a blog or help article. By confirming a transaction, you authorize the applicable fees to be deducted or collected through the transaction or your designated payment method. Fees are non-refundable once the relevant transaction is submitted, except where applicable law requires otherwise.

Third-Party Fees and Other Costs. Because transactions are executed and settled onchain through Third-Party Services, including third-party protocols, you may incur fees or costs that Fomo neither charges, receives, nor controls, including liquidity pool fees, network (gas) fees on select blockchain networks, and differences between the expected and actual execution price due to market conditions. Where practicable, Fomo may display estimated third-party fees and other costs, but may not display all such costs, does not guarantee any estimate, and is under no obligation to do so. You are solely responsible for reviewing any third-party costs applicable to your transactions. Third-party charges and execution costs may vary between a quote and settlement. Estimated charges are not guaranteed. Network charges may be incurred even if a transaction fails.

Under no circumstances shall the Company Parties incur any liability related to fees or costs charged or imposed by third parties, or in connection with any Third-Party Services or third-party technology or materials, which are solely between you and the applicable provider or protocol. To the fullest extent permitted by law, you release and hold harmless the Company Parties from any and all liability associated with fees relating to the Services or to your use of Third-Party Services and technologies accessed through or in connection with the Services. By using the Services, you accept responsibility for any losses or damages you may suffer relating to fees, whether charged by Fomo or by third parties, and for any pricing changes applicable to transactions processed through the Services.

8 Referral & Creator Rewards Programs

8.1 General

Fomo may make referral fee sharing and creator rewards available through the Services (the "Programs"). Participation is governed by this Section and any additional Program terms Fomo expressly adopts. We may offer different arrangements to different participants and may condition participation on approval or additional requirements. The powers, exclusions, and limitations in this Section apply to the fullest extent applicable law permits.

For this Section, a "Wallet" is a blockchain address or wallet associated with your Fomo account or designated for an applicable Program. A reward is "Delivered" only when the relevant digital assets have actually been transferred onchain to a Wallet under your control and are available to you under the applicable protocol. An estimate, attribution entry, pending allocation, or dashboard display does not itself constitute Delivery. An "Obvious Error" is a demonstrable mistake in data, attribution, arithmetic, or software processing. Disputes relating to the Programs are subject to Sections 19 and 20.

8.2 Creator Rewards

(a) Scope and eligibility. The creator rewards feature may allocate part of eligible trading fees to users whose thesis posts or other content are associated with qualifying activity through the Services, and are sometimes referred to as “trader rewards” ("Creator Rewards"). A creator under this Section is a content author, not necessarily a token issuer. Posting content, holding a token, attracting views, or being identified as a creator does not establish eligibility or a right to payment. Content, accounts, assets, networks, products, and activity qualify only as provided by the applicable Program configuration. A thesis does not acquire permanent monetization rights, and participation does not give you control over a fee recipient, reward allocation, or future Program configuration.

(b) Automated calculation. Creator Rewards operate through smart contracts together with automated attribution, screening, and processing systems (the "Reward System"). The applicable code calculates and routes distributions using the configuration and inputs in effect for that processing event. Inputs may include onchain activity and information supplied by the Services or third-party infrastructure. Routine execution can occur without a separate human decision approving each payment. That execution does not prevent Fomo from exercising the controls reserved in this Section through contract permissions, changes to code or configuration, or the Services.

We may set or change the fee basis, attribution logic, qualifying actions, weights, thresholds, exclusions, rounding, processing intervals, and other operating settings (the "Parameters"). Parameters may vary across participants, content, assets, networks, and periods. Attribution is an output of the Reward System, not proof that a trader read or relied on particular content. No reward arises from activity that produces no eligible fees. Assets used for distributions and their market values may vary. We do not undertake to maintain activity, generate fees, or increase the value of any asset.

(c) Distribution conditions. Where a distribution is enabled and its conditions are met, the Reward System executes it programmatically to the Wallet it identifies as eligible. Accumulation, processing, and Delivery may occur at different times and may depend on available fees, minimum balances, recipient limits, reliable data, an app interaction, a transaction instruction, or other Parameters. Funds may accumulate without a distribution occurring. The system may stop processing inactive or unsupported content, accounts, or assets. Output is conclusive for Program administration unless affected by an Obvious Error.

Processing depends on blockchain networks and infrastructure that may include transaction relays, indexers, data providers, and price feeds. Interruptions, inaccurate inputs, or software behavior may cause incorrect, delayed, omitted, or failed distributions. Neither an apparent satisfaction of the Parameters nor a displayed estimate guarantees Delivery.

(d) Control over undistributed amounts. EVEN WHERE PAYMENTS ARE AUTOMATED, FOMO MAY, IN ITS SOLE DISCRETION, STOP, DEFER, LIMIT, REDIRECT, OR CANCEL ANY UNDISTRIBUTED CREATOR REWARD OR THE OPERATION OF THE REWARD SYSTEM FOR ANY PARTICIPANT, CONTENT, ASSET, OR NETWORK, WITHOUT ADVANCE NOTICE OR A DUTY TO COMPENSATE ANY PERSON. THIS POWER MAY BE EXERCISED FOR COMMERCIAL, TECHNICAL, SECURITY, COMPLIANCE, OR OTHER REASONS, OR WITHOUT STATING A REASON.

Unless applicable law requires otherwise, no Creator Reward is earned, vested, or a debt owed to you before it is Delivered. A pending allocation is not an asset held in trust or escrow for you and gives you no ownership interest in fees held in a Program-controlled address. Undistributed amounts may remain for later processing, be used for Program expenses, be reallocated, or be retained by Fomo where the applicable code and law permit. We undertake no obligation to empty a reward account, distribute a residual balance, or make a payment from our own assets.

(e) Compliance screening. We may screen participants, Wallets, content, and activity at any stage using automated tools, blockchain analytics, third-party services, and other means. We may exclude or restrict any recipient or payment based on sanctions, anti-money-laundering concerns, location restrictions including location in a Restricted Jurisdiction, suspected illicit activity, or a screening result. You must not participate or receive payments if you are a Restricted Person or when prohibited by applicable law, including applicable sanctions, and must not act for a Restricted Person. Screening may involve Wallet and transaction information as described in our Privacy Policy.

An excluded amount need not be paid in a later processing event. We need not explain a screening result, disclose our criteria, or provide a reconsideration process. Screening may produce false positives or other errors, for which the Company Parties disclaim liability. Assets subject to a legal blocking, reporting, or preservation requirement will be treated as the law requires.

(f) Other exclusions and abuse. We may disqualify accounts, content, transactions, or Wallets where we suspect a breach of these Terms, an ineligible participant, an attribution error, or conduct designed to obtain rewards artificially. Prohibited conduct includes self-trading, wash trading, coordinated transactions lacking a genuine economic purpose, duplicate or controlled accounts, fabricated engagement, unauthorized automation, spam, copied content, impersonation, and misleading promotion. We may disable monetization, remove content, restrict accounts, and cancel affected pending allocations. A recipient may be excluded even if an automated system initially counted the activity.

(g) No assured return or continuing benefit. Creator Rewards are contingent Program benefits linked to qualifying activity, not a promise of investment income. They provide no guaranteed yield, minimum payment, regular payment schedule, recovery of trading costs, or return of capital. Participation confers no equity, voting rights, ownership interest in Fomo, or right in any capacity to an ongoing share of its revenues, profits, or assets. You must not acquire or retain an asset in reliance on continued rewards, a particular rate, or Fomo's future development, promotion, or operation of a Program. Prior payments and displayed figures do not establish future eligibility or an entitlement to a similar payment.

(h) Technical risks costs and erroneous transfers. You bear the risks of an inaccessible, incompatible, compromised, or incorrectly associated Wallet and of network disruption, reorganizations, faulty data, software defects, exploits, and irreversible transactions. The Company Parties give no assurance that the Reward System is error-free, secure, or continuously available and disclaim liability for any loss, misdirection, or nonreceipt of rewards.

Parameters may provide for network, account-creation, transaction-processing, and distribution expenses to be deducted before Delivery, subject to any disclosure required by law. We do not guarantee a gross amount, conversion rate, or supplement for costs or price changes. We may correct an error, pause processing, or seek recovery, but undertake no duty to do so. You must return an erroneous or improperly obtained payment on demand. Where lawful, you authorize recovery by offset against subsequent Program distributions or, if applicable, other sums Fomo owes you; this is not a representation that Fomo can reverse a completed blockchain transfer.

(i) Taxes and requested information. You are responsible for determining and satisfying taxes arising from Program participation and payments, including any applicable reporting. We may request identity, ownership, tax, eligibility, or other compliance information and condition continued participation or any distribution on receiving satisfactory information. We may deduct required withholding, make required reports, and exclude recipients who do not satisfy our requests. We provide no tax advice.

(j) Statements promotion and regulatory matters. You must comply with laws governing your content, promotion, and receipt of rewards, including applicable endorsement, financial-promotion, securities, and commodities requirements. You must clearly disclose fee compensation, holdings, sponsorships, and other financial connections whenever the law requires. You must not misstate a reward's source, rate, availability, reliability, or relationship to an asset's price, liquidity, or risk, or represent that Fomo guarantees earnings or approves your investment views. You remain responsible for your communications; participation does not give Fomo responsibility for statements you make on your own behalf. We may impose disclosure requirements and restrict noncompliant content or participation.

Fomo provides no legal, tax, or investment advice through a Program and makes no assurance about a participant's regulatory status or whether participation or receipt of an asset is lawful in a particular jurisdiction. A Program label, reward, or automated payment is not an approval of a token, transaction, or creator.

(k) Changes discontinuance and continuing code. We may introduce experiments, revise or replace Parameters or code, change eligible activity, reduce a rate to zero, migrate or retire a feature, and suspend or end the Reward System or any person's participation at any time. Changes may affect existing content, existing referral relationships, and amounts that have not been Delivered. No grandfathering, fixed attribution period, or continued monetization is promised. Notice will be given only when mandatory law or a signed agreement requires it.

Where technically possible, we may use administrative or upgrade permissions, backend controls, or transaction settings to implement these decisions, including emergency measures. Some deployed code may continue operating or assets may continue trading after an interface, account, token listing, or Program is disabled. Such activity does not require Fomo to restore support or continue a payment arrangement. We make no undertaking to preserve, repair, upgrade, migrate, or indefinitely operate any contract, interface, or integration.

8.3 Referral Rewards

(a) Codes and account associations. We may assign you a referral link, username-based code, or other identifier (a "Referral Code"). A user or Wallet recorded by the Services as associated with your Referral Code is a "Referred User". We determine whether, when, and how a code can be applied, corrected, or associated with an account, including during signup. We may limit an account to one referrer, treat an association as permanent for user-facing changes, or reject, deactivate, replace, or remove a code or association. No association gives you ownership of a user or a permanent claim to that user's activity.

(b) Fee sharing and automated routing. The applicable code may route a portion of an eligible Fomo fee from a Referred User's qualifying transaction to the associated referrer ("Referral Rewards"). Calculation and transfer use smart contracts and automated supporting systems, subject to the relevant configuration and inputs. Routing may occur in the transaction itself or through subsequent processing. A reduction in the underlying fee may reduce the amount available for sharing. Failed, cancelled, or reversed transactions do not establish a right to a Referral Reward.

We may vary the share, eligible fee basis, multipliers, tiers, exclusions, and processing arrangements, if any, by referrer, transaction, product, network, campaign, or period, including for users already associated with a code. We may reduce any share to zero. A figure displayed at a particular time is not a commitment for later activity. Referral Rewards are subject to Sections 8.2(b) through (k), applied to referral activity and the corresponding systems rather than thesis content, except where this Section 8.3 expressly provides otherwise.

(c) Nature duration and receipt. Referral Rewards are promotional fee-sharing benefits. No amount is earned or payable merely because a code is applied or a transaction occurs; receipt is subject to Delivery and the controls in this Section. Referral activity does not by itself create an employment, agency, partnership, fiduciary, or representative relationship with Fomo or an interest in its business. You have no authority to bind or speak for any Company Party. We may end participation, future routing, or a referral association without compensating you for lost opportunities. Participation creates no transferable commission stream or right to continuing fees. Recovery of erroneous or improperly obtained payments remains available after Delivery.

(d) Fee reductions and waivers. We may discount or waive fees for selected accounts, assets, products, campaigns, or periods and may change or withdraw that treatment. A discount for one user does not require a discount for another. A discount, waived fee, or promotional rate does not establish a continuing entitlement for a referrer or Referred User. Any trading charge remains governed by Section 7.

(e) Referrer conduct and prohibited promotion. Share a Referral Code only through lawful, permitted channels and without misrepresenting your identity or relationship with Fomo. You must not distribute unsolicited bulk messages, make misleading or unsupported claims about fees, returns, rewards, or assets, promote to a person you know or should know is ineligible, or imply endorsement by a Company Party.

Unless Fomo expressly authorizes otherwise in writing, you must not, directly or indirectly, in connection with obtaining referrals, Referral Rewards, or other Fomo affiliate benefits:

(i) purchase, place, sponsor, or arrange paid advertisements using a Referral Code or Fomo’s name, logos, trademarks, or other branding, including paid search, sponsored search results, display advertisements, and paid social media advertisements;

(ii) bid on, purchase, or otherwise target advertising keywords incorporating Fomo’s name or trademarks, including misspellings, variations, or confusingly similar terms, whether or not the advertisement itself displays Fomo branding;

(iii) create, operate, control, or sponsor any referral, affiliate, coupon, or other promotional website or landing page that uses Fomo branding or incorporates Fomo’s name, including in its domain name, subdomain, page title, metadata, or visual presentation; or

(iv) offer another person a payment or other inducement to apply your Referral Code, or engage another person to undertake prohibited promotional activity on your behalf.

Fomo may limit or withdraw any promotional authorization at any time. If we determine or suspect that you have engaged in prohibited promotional activity, we may, in our sole discretion and without advance notice, disqualify you from the referral program, disable your Referral Code, remove referral associations, cancel undelivered Referral Rewards, and recover affected payments as provided in Sections 8.2(h) and 8.3(f), without limiting our other rights or remedies.

You must comply with applicable advertising, endorsement, and financial-promotion requirements, including any required disclosure of referral compensation.

(f) Self referral abuse and recovery. You must not use your own code for yourself or an account or Wallet you directly or indirectly control, use multiple identities or accounts to obtain referral benefits, coordinate artificial activity, or otherwise circumvent Program controls. If we suspect abuse, error, or conduct inconsistent with the Program, we may stop routing rewards, disregard a code for affected activity, remove referral associations, restrict participation, and recover affected payments. You agree to repay those amounts and authorize lawful offset as described in Section 8.2(h). For Program administration, our attribution and eligibility determinations are conclusive absent an Obvious Error.

(g) Tax and information conditions. The tax and information requirements in Section 8.2(i) apply to Referral Rewards. Failure to provide requested information may result in the cessation of routing and exclusion from future payments. You may not use another person's identity, Wallet, or tax information to avoid an eligibility or reporting requirement.

(h) Participation restrictions. You may participate only while eligible to use the relevant Services and while your access and participation remain unrestricted. We may exclude locations, participant categories, or products at any time. Unless we expressly approve otherwise in writing, officers, directors, employees, and contractors of Fomo or its affiliates are ineligible to receive Referral Rewards. General access to Fomo does not guarantee access to a Program or a particular incentive.

(i) Other incentives and agreements. An affiliate campaign, bonus, deposit promotion, or other incentive is not included merely because it uses the same code or account. Additional terms we expressly adopt govern that incentive and override this Section only for the incentive and conflict they expressly address. Eligibility or payment under one arrangement does not establish eligibility, duplicate compensation, or a right to combine benefits under another. Fomo may determine which benefits can be combined and how overlapping attribution is handled. No Program promises a future token, airdrop, or equity award.

9 Leaderboards, Rankings and Performance Metrics

The Services may display leaderboards, rankings, profit-and-loss metrics, or other performance indicators (collectively, “Metrics”). You agree not to manipulate, game, or artificially inflate any Metrics through any means, including but not limited to selective transfers of tokens between wallets, wash trading or any other deceptive or manipulative trading practices, coordinated activity with other accounts, or exploiting any technical feature of the Services to misrepresent your actual trading performance.

We reserve the right, in our sole discretion and without prior notice, to: (i) disqualify, adjust, reverse, or void any Metrics, rankings, or positions that we determine were obtained through manipulative activity or fraud; (ii) recalculate or reset Metrics at any time; (iii) modify the methodology by which Metrics are calculated; and (iv) suspend or terminate accounts engaged in Metrics manipulation. Fomo will assess suspected manipulation and our determinations control for administration of the Services and do not limit the dispute provisions in Sections 19 and 20.

Any rewards, prizes, recognition, or other benefits associated with manipulated Metrics, if any, may be voided or clawed back.

Metrics may be estimates and may differ from realized, withdrawable returns. Rankings and past results do not guarantee future performance in any capacity, and users should not interpret any communications, social posts, or blue “checkmarks” in the Services as investment advice or any endorsement from Fomo. Fomo does not endorse any specific asset tradable on the Services – you should not believe anything to the contrary.

10 Perpetual Futures

Availability and Eligibility. The Services may provide access to perpetual futures contracts (“Perps”) offered and settled by independent, third-party decentralized protocols. Perps functionality is not available to U.S. Persons (as defined below) at this time, and may be restricted in additional jurisdictions at our sole discretion.

For purposes of these Terms, a “U.S. Person” means: (i) any natural person resident in the United States; (ii) any citizen or permanent resident of the United States, including any such person temporarily located outside the United States; (iii) any entity organized or incorporated under the laws of the United States or any state thereof; (iv) any estate of which any executor or administrator is a U.S. Person; (v) any trust of which any trustee is a U.S. Person; (vi) any agency or branch of a non-U.S. entity located in the United States; (vii) any discretionary or non-discretionary account held by a dealer or fiduciary organized, incorporated, or (if an individual) resident in the United States; or (viii) any entity organized or incorporated outside the United States that is formed by a U.S. Person principally for the purpose of investing in unregistered securities or derivative instruments.

“United States” means the United States of America, its territories and possessions, any state of the United States, and the District of Columbia.

Representations and Warranties. By accessing or using Perps functionality, you represent and warrant that: (a) you are not a U.S. Person; (b) you are not accessing Perps from within the United States; (c) you are not accessing Perps on behalf of, or for the benefit of, any U.S. Person; (d) you will not use any technology, mechanism, or technique (including a VPN, proxy, or similar tool) to circumvent or attempt to circumvent geographic restrictions on Perps; and (e) you understand that these representations are material and that Fomo is relying on them in providing you access to Perps functionality.

Third-Party Infrastructure. Perps trading accessible through the Services uses independent third-party protocols. Fomo does not operate those protocols or act as the counterparty to your Perps positions. Execution, margin, liquidation, and settlement are subject to the applicable protocol's rules and functionality. Fomo does not provide investment advice or exercise investment discretion for you. Fomo does not operate, control, intermediate, custody, or settle Perps trading. Fomo is not your counterparty, broker, dealer, futures commission merchant, exchange, or clearing organization with respect to any Perps transaction. We make no representation or warranty as to the legality, availability, or regulatory status of any third-party protocol or its activities.

All Perps trades are executed on third-party infrastructure pursuant to the terms and conditions of the applicable third-party protocol, which you are solely responsible for reviewing and accepting. We make no representations regarding the performance, reliability, liquidity, solvency, or security of any third-party protocol.

No Ownership of Underlying Assets. Perps are synthetic derivative contracts that reference the price of an underlying asset (including, without limitation, cryptocurrencies, equities, commodities, and indices). Trading Perps does not constitute the purchase, sale, or ownership of any underlying asset. You do not acquire any ownership interest, equity, voting rights, dividend rights, or any other rights or claims in or to any underlying asset by virtue of holding or trading a Perps position. Perps are settled entirely in digital assets on the applicable third-party protocol and do not entitle you to delivery of, or any legal or beneficial interest in, the referenced underlying asset.

Compliance and Identity Verification. The restrictions on Restricted Persons and Restricted Jurisdictions set forth elsewhere in these Terms apply with full force to all the Services, including but not limited to Perps.

We reserve the right to require identity verification and/or know-your-customer (“KYC”) documentation as a condition of accessing Perps, and to block, restrict, or terminate access to Perps for any wallet address or account we determine to be associated with a Restricted Person, a person connected to a Restricted Jurisdiction, or an otherwise sanctioned person listed on any applicable sanctions list, including OFAC, or connected to prohibited activity. You represent that neither you nor any wallet address you use in connection with Perps is a Restricted Person, is owned or controlled by any such person or entity, and is not located in a Restricted Jurisdiction.

Risk Acknowledgment. Perps involve a high degree of risk and are not suitable for all persons. By accessing Perps functionality, you acknowledge and accept that:

Perps are leveraged derivative instruments that can result in losses exceeding your initial margin, including total loss of deposited funds;
Leverage amplifies gains and losses, and adverse price movements, funding charges, or liquidation can cause the loss of all collateral supporting your positions;
Positions may be liquidated automatically and without prior notice if margin requirements are not maintained;
Your open positions, including profitable positions, may be subject to auto-deleveraging by the applicable third-party protocol, meaning positions may be forcibly reduced or closed at prices determined by the underlying blockchain protocol (which may differ from prevailing market prices) without prior notice, as a result of counterparty liquidation events or insurance fund insufficiency, and you may have no ability to prevent, control, or opt out of such closures;
Certain Perps markets (including non-cryptocurrency assets such as equities and commodities) may not benefit from insurance fund or backstop liquidity protections available to other markets, resulting in a heightened risk of auto-deleveraging events;
Funding rates, mark prices, and liquidation thresholds are determined by third-party protocols and may change rapidly and without warning;
Market volatility, low liquidity, protocol malfunctions, oracle failures, and network congestion may result in slippage, failed transactions, or inability to close positions;
You are solely responsible for understanding the mechanics, risks, and costs of Perps trading, including leverage, funding rates, liquidation, and any protocol-specific risks; and
Fomo does not guarantee execution, settlement, or the availability of Perps at any time.

Prohibition and Enforcement. Any U.S. Person who accesses or attempts to access Perps functionality — including through the use of a VPN, proxy, or other circumvention technology — is in material breach of these Terms. We reserve the right to immediately suspend or terminate, without notice, the account of any user we determine, in our sole discretion, has accessed Perps in violation of this section.

We may employ geoblocking, identity verification, behavioral analysis, or other measures to enforce these restrictions, and we may cooperate with regulatory authorities as we deem appropriate.

YOU ACKNOWLEDGE THAT PERPS TRADING CARRIES SUBSTANTIAL RISK OF LOSS. YOU HEREBY RELEASE AND HOLD HARMLESS FOMO LABS INC. AND THE COMPANY PARTIES FROM ANY AND ALL LOSSES, DAMAGES, OR CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR USE OF PERPS FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO LOSSES FROM LIQUIDATION, LEVERAGE, MARKET MOVEMENTS, PROTOCOL FAILURES, OR THIRD-PARTY ACTIONS.

Availability in one location does not establish eligibility in another. We may require identity, residency, beneficial ownership, and location verification before enabling Perps and may recheck that information. Product-specific restrictions apply in addition to the general sanctions provisions. Access restrictions may prevent you from managing or closing existing positions through Fomo, including during volatile markets; continued access or an exit is not guaranteed.

11 Tokenized Assets

The Services may provide access to third-party tokens or instruments linked to stocks, exchange-traded products, or other real-world assets (“Tokenized Assets”). These instruments can have different legal structures. Their issuer, legal nature, and the rights they actually confer are determined by the documents applicable to the particular instrument. A ticker, brand name, or price link alone does not establish ownership of an underlying security, voting rights, dividend rights, redemption rights, or rights against its issuer. Fomo is not the issuer of or counterparty to these third-party instruments and does not operate their underlying issuance, custody, clearing, or settlement arrangements. Fomo does not provide investment advice or exercise investment discretion for you. Tokenized Assets can lose all value and may be illiquid, deviate from the referenced asset's price, or be subject to issuer default, custody, blockchain, transfer, corporate-action, market-closure, and regulatory risks. Protection under a deposit insurance or investor compensation scheme must not be assumed. You must review the disclosures for the actual instrument before trading.

Access to Tokenized Assets is product and jurisdiction specific. Tokenized Asset functionality is not available to (a) U.S. Persons as defined in Section 10 or persons within the United States; (b) residents of, or persons located in, Canada, the United Kingdom, or Switzerland; (c) Restricted Persons or persons in Restricted Jurisdictions; or (d) persons in any jurisdiction in which access is prohibited by applicable law or the relevant product's restrictions. Other issuer, investor, sanctions, transfer, and local-law restrictions may also apply. You must not acquire or transfer a product for an ineligible person or evade an access restriction. We may impose additional restrictions on access in our sole discretion.

Representations and Warranties. By accessing or using Tokenized Assets functionality, you represent and warrant that: (a) you are not a U.S. Person, you are not accessing Tokenized Assets from within the United States or any U.S. market, and you are not a resident of, or located in, Canada, the United Kingdom, or Switzerland; (b) you are not a Restricted Person and you are not accessing Tokenized Assets from a Restricted Jurisdiction or from any jurisdiction in which providing Tokenized Assets is illegal under local laws and regulations; (c) you are not accessing Tokenized Assets on behalf of, or for the benefit of, any person described in (a) or (b); (d) you will not use any technology or mechanism (including a VPN, proxy, or similar tool) to circumvent geographic or jurisdictional restrictions on Tokenized Assets; and (e) you understand that these representations are material and that Fomo is relying on them.

Prohibition and Enforcement. Any person who accesses or attempts to access Tokenized Assets functionality in violation of this section — including through the use of a VPN, proxy, or other circumvention technology — is in material breach of these Terms. We reserve the right to immediately suspend or terminate, without notice, the account of any user we determine, in our sole discretion, has accessed Tokenized Assets in violation of this section specifically or these Terms generally. We may employ geoblocking, identity verification, behavioral analysis, or any other measures to enforce these restrictions.

YOU ACKNOWLEDGE THAT TRADING TOKENIZED ASSETS CARRIES SUBSTANTIAL RISK, INCLUDING RISK OF TOTAL LOSS. YOU HEREBY RELEASE AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL LOSSES, DAMAGES, OR CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR USE OF TOKENIZED ASSETS FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO LOSSES FROM MARKET MOVEMENTS, THIRD-PARTY INSOLVENCY OR DEFAULT, THIRD-PARTY SERVICES DEGRADATION OR FAILURE, PROTOCOL FAILURES, OR THIRD-PARTY ACTIONS.

12 Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FOMO Labs Inc., its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your own lawful use, including authorized internal use on behalf of an entity under Section 1. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may install and use them on devices you own or control solely for use authorized by these Terms, subject to any applicable app-store terms and end-user license agreement.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from the Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, download, or otherwise use or provide access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. Except for your pre-existing rights in your User Content, no right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company.

Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

13 Trademarks

Company’s name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of FOMO Labs Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

14 Feedback

You may from time to time provide us with feedback about your experience on the Services, recommendations for modifications, or other ideas pertaining to the Services (collectively, “Feedback”) by emailing us at support@fomofamily.club. You acknowledge and agree that we may use the Feedback in our business without restriction. All such Feedback will be considered non-confidential and non-proprietary.

By providing any Feedback, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the Feedback and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors, and assigns.
All of your Feedback does and will comply with these Terms.

YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM ANY LOSSES OR DAMAGES YOU MAY SUFFER IN CONNECTION WITH YOUR FEEDBACK OR OUR OR OTHERS’ USE THEREOF.

15 Community Conduct and Content Moderation

You acknowledge that the Services include social and community features, and you agree to conduct yourself in a manner consistent with these Terms. You agree not to post, upload, transmit, or otherwise make available through the Services any content that:

Is obscene, vulgar, pornographic, sexually explicit, a depiction of a minor or otherwise indecent;
Is harassing, threatening, intimidating, bullying, or abusive toward any individual or group;
Promotes hatred, discrimination, or violence based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;
Constitutes impersonation of any person or entity, or falsely states or misrepresents your affiliation with any person or entity;
Contains personal or confidential information of another person without their consent, including addresses, phone numbers, or financial information;
Is fraudulent, deceptive, or misleading, or likely to deceive any person;
Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; or
is otherwise objectionable as determined by Fomo in its sole discretion.

We reserve the right, but undertake no obligation except as required by applicable law, to monitor, review, and moderate any content posted through the Services. We may, in our sole discretion and without prior notice, take any action we deem appropriate in response to content or conduct that violates these Terms or that we find objectionable, including but not limited to: issuing warnings; removing, editing, or refusing to display content; temporarily or permanently suspending accounts; and/or terminating access to the Services. We may terminate accounts of repeat infringers in appropriate circumstances.

We are not liable for any action taken or not taken with respect to user content or conduct.

YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM ANY LOSSES OR DAMAGES YOU MAY SUFFER IN CONNECTION WITH ANY CONTENT MODERATION ACTIONS OR DECISIONS, OR THE CONDUCT OF OTHER USERS ON THE SERVICES.

16 Prohibited Uses

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to, and you shall not permit others to:

Exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifiable information;
Access, tamper with, or use non-public areas of the Services, FOMO systems, or our technical delivery systems;
Attempt to probe, scan, or test the vulnerability of any FOMO system or network or breach any security or authentication measures;
Bypass, remove, deactivate, impair, or otherwise circumvent any security measures implemented by FOMO or any of our providers to protect the Services;
Attempt to access or search the Services or download content from the Services using any unauthorized or automated means, such as bots, crawlers, or data mining tools;
Use automated scripts, bots, software, or any other automated means to create accounts, send messages, post content, execute trades, or otherwise control or interact with account activity on the Services, except through functionality we expressly authorize;
Use any automated tool, scraper, crawler, spider, or unauthorized third-party application to extract, collect, harvest, or compile data from the Services, including but not limited to user-generated content, transaction data, pricing information, or account information;
Use or permit a third-party trading extension, bot, script, or other trading or data-extraction tool to access or interact with the Services, retrieve data, or submit transactions, except through an integration or functionality expressly authorized by Fomo. You must not supply, disclose, transfer, or permit a third party to obtain or use your authentication tokens, session tokens, session cookies, API keys, or other account-access credentials for those purposes without Fomo’s express authorization. These restrictions apply even when credentials are valid and were issued to a genuine user. An account holder’s consent does not authorize access or activity prohibited by these Terms.
Use manual or automated processes to collect content in bulk or evade access controls without authorization;
Send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or other forms of solicitation using the Services;
Use meta tags or other hidden text or metadata utilizing a FOMO trademark, logo, URL, or product name without our express written consent;
Use the Services for any unauthorized commercial purpose or the benefit of a third party, unless permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software or underlying technology used to provide the Services;
Use, transmit, introduce, or install any harmful code, including viruses, worms, or other malicious software (“Malicious Code”), on or through the Services;
Distribute Malicious Code or engage in activities that interfere with the proper working of the Services, including by engaging in denial-of-service attacks;
Collect or store personally identifiable information from other users of the Services without their express permission;
Impersonate or attempt to impersonate FOMO, a FOMO employee, another user, or any other person or entity;
Reverse look-up, track, or seek to track any information on any other user of or visitor to the Services;
Take any actions that impose an unreasonable or disproportionately large load on the Services or our infrastructure;
Use the Services for activities related to money laundering, terrorist financing, or any other illicit financial activity;
Engage in market manipulation practices such as pump and dump schemes, wash trading, self-trading, front-running, quote stuffing, spoofing, or layering;
Use the Services to participate in fundraising for a business, protocol, or platform without appropriate authorization;
Fabricate any transaction or engage in any deceptive practices related to transactions;
Disguise or interfere in any way with the IP address of the computer used to access the Services;
Use a VPN, proxy, or altered location information to evade an eligibility, sanctions, product, security, or legal restriction;
Engage in conduct that restricts or inhibits any other user’s ability to use or enjoy the Services, or that may harm FOMO or expose us to liability;
Use the Services in or from any Restricted Jurisdiction or on behalf of a Restricted Person;
Access, use, or attempt to access or use Perps functionality if you are a U.S. Person (as defined in the Perpetual Futures section) or are located within the United States, or use any technology or mechanism (including a VPN, proxy, or similar tool) to circumvent geographic restrictions on Perps;
Access a Tokenized Asset in violation of Section 11, act for an ineligible investor, or evade an applicable issuer, location, sanctions, investor, transfer, or other legal restriction;
Sell, offer for sale, auction, trade, transfer, license, or otherwise commercialize or assign an account, username, handle, or other account identifier to a third party without authorization;
Manipulate or attempt to manipulate any leaderboard, ranking, performance metric, or reward system through any means, including selective token transfers, wash trading, or coordinated activity;
Post, upload, or transmit content that is obscene, vulgar, harassing, hateful, threatening, or otherwise objectionable as determined by Fomo in its sole discretion;
Use the Services in any way that violates any applicable federal, state, local, or international law or regulation, including laws regarding data export and cryptocurrency transactions; or
Encourage or enable any other individual to do any of the foregoing.

Fomo is not obligated to monitor access to or use of the Services or to review or edit any content, but we reserve the right to do so. We may issue warnings, remove or disable access to any content or account that we find objectionable or in violation of these Terms, and we may suspend or terminate accounts at our sole discretion. We may cooperate with law enforcement authorities to prosecute users who violate the law.

17 Reliance on Information and Third-Party Materials

The information provided on or through the Services is for general information purposes only. Information, market data, user posts, and analytics may be incomplete, delayed, or inaccurate and may not be suitable for a particular trading decision. Review the disclosed source, timestamp, assumptions, and product documents. We do not guarantee the accuracy, completeness, or usefulness of this information, even if we created it. You rely on such information strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or anyone else.

The Services may include or provide access to third-party content, networks, decentralized exchanges (DEXs), SDKs, or other infrastructure. We do not control or endorse these third-party materials and are not responsible for their quality, security, accuracy, reliability, or availability. You agree that your use of such third-party services is at your own risk and that FOMO is not liable for any losses or damages arising from your use of or reliance on third-party information, content, or materials.

18 No Financial or Investment Advice

Fomo provides a technology platform for user communications and user-directed transactions. Fomo is not registered or licensed as a broker-dealer, investment adviser, investment manager, commodity trading advisor, or other regulated financial services provider. Fomo does not undertake to act as your broker, investment intermediary, agent, adviser, investment manager, commodity trading advisor, or fiduciary. Your use of the Services does not create an advisory, fiduciary, or investment management relationship with any Company Party. We do not select investments, manage your portfolio, or exercise investment discretion for you.

Fomo and the Services do not provide financial, investment, securities, commodities, tax, legal, or investment consulting advice. No information or communication from Fomo or its personnel through or concerning the Services is intended as such advice or a recommendation to acquire, earn, buy, sell, hold, or otherwise transact in any asset or product. No employee or representative is authorized to provide that advice on Fomo's behalf through the Services. We do not undertake to assess your investment objectives, financial circumstances, experience, or risk tolerance, monitor your positions for you, or advise you when to trade or exit a position.

Opinions, theses, trade histories, and other user contributions are those of the users who provide them. Their availability, presentation, ordering, or distribution through feeds, rankings, alerts, notifications, or other features does not by itself constitute Fomo's adoption, approval, verification, or recommendation of those views, any user's trading decisions, or any asset. Listing an asset, enabling a transaction, displaying market data – including a blue “checkmark” next to an asset - or performance, or paying referral or creator rewards under Section 8 likewise does not constitute an endorsement or recommendation. A user's popularity, displayed holdings, past performance, or receipt of rewards does not establish expertise, reliability, or future results.

You alone decide whether and when to trade, which assets or products to use, and the size and terms of each transaction. You are responsible for evaluating their appropriateness for your objectives, financial circumstances, experience, and risk tolerance; investigating the asset, its issuer or creator, and relevant counterparties and protocols; and understanding the associated risks, costs, and potential losses. Conduct your own due diligence and obtain independent professional advice where appropriate. Do not treat information from Fomo or other users as a substitute for your own judgment or independent advice. You do not rely on Fomo to select investments, determine their appropriateness, or protect you from trading losses.

These provisions apply equally to Perps and Tokenized Assets. Perps involve leverage, funding charges, liquidation, and the risk of losing all collateral supporting your positions. You are responsible for understanding the applicable margin and liquidation rules and monitoring your exposure. Tokenized Assets may involve securities, derivatives, or other instrument-specific risks, including total loss. Review Section 11 and the applicable product terms and issuer disclosures. A price reference to an underlying asset does not by itself establish direct ownership of that asset or shareholder rights. Fomo does not recommend that either product is appropriate for you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 25, YOU ASSUME RESPONSIBILITY FOR YOUR TRADING DECISIONS AND THEIR CONSEQUENCES, AND RELEASE AND HOLD HARMLESS THE COMPANY PARTIES FROM LOSSES, DAMAGES, AND LIABILITIES ARISING FROM THOSE DECISIONS OR YOUR RELIANCE ON USER OPINIONS OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES. NO SUCH DECISION OR RELIANCE CREATES AN ADVISORY OR FIDUCIARY DUTY ON THE PART OF A COMPANY PARTY.

19 Governing Law and Binding Arbitration

(a) Governing law. New York law, without regard to its conflict-of-laws principles, governs these Terms and Disputes, except that the Federal Arbitration Act, 9 U.S.C. Sections 1 through 16 (“FAA”), governs the interpretation and enforcement of this arbitration agreement to the extent applicable. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by contacting support@fomofamily.club and stating that you (include your first and last name) decline this arbitration agreement. Sections 19 through 21 apply to the fullest extent permitted by applicable law, subject to Section 25(f).

(b) Covered Disputes. A “Dispute” is any claim or disagreement between you and a Company Party arising out of or relating to these Terms, your account or wallet, the Services, related transactions, fees, marketing or communications, rankings, rewards, referrals, or the creation, performance, suspension, or termination of the parties' relationship. This includes claims based on contract, tort, statute, misrepresentation, or any other legal theory; claims concerning a Company Party's involvement in access to Third-Party Services; and claims arising before acceptance of these Terms or after termination that relate to that relationship. It does not govern a claim about unrelated conduct or amend an independent provider's separate contract.

(c) Pre-dispute notice. Before commencing arbitration or a court proceeding concerning a Dispute, the claimant must send the other party an individually signed written notice identifying the claimant, account or wallet involved, material facts, requested relief, and reliable contact details. Notices to Fomo must be emailed to support@fomofamily.club with the subject “Legal dispute notice”; Fomo may send notices to the email associated with your account or another contact address you provide. Each notice must concern the particular claimant and Dispute; an undifferentiated notice for multiple claimants does not satisfy this requirement. Do not send private keys or recovery secrets. The claimant must allow sixty (60) days after receipt of a compliant notice for possible informal resolution before commencing a proceeding, except for relief under Section 19(h) that cannot await that period. The contractual period in Section 21 is suspended during that sixty-day period, once per Dispute. Counsel may send the notice on the claimant's behalf. Neither party is required to settle or make a settlement offer. The adjudicator may enforce this prerequisite, including by staying a prematurely filed proceeding, to the extent permitted by applicable law. If a dispute is not resolved within sixty (60) days after notice of the dispute has been provided, you or we may bring a formal proceeding as described in this Section 19.

(d) Binding individual arbitration. Except as provided in Section 19(h), you and each Company Party agree that a Dispute not resolved informally will be finally resolved by one neutral arbitrator in individual arbitration administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and any applicable Supplemental Rules for Mass Arbitration Filings in effect when the proceeding begins. Rules, procedures, and fee information are available at https://www.namadr.com/resources/rules-fees-forms/. These Terms control over conflicting rules except where applicable law or NAM's applicable mandatory standards require otherwise. The award is binding, and judgment may be entered in a court with jurisdiction.

(e) Procedure and costs. Arbitrator selection, discovery, hearing procedure, awards, and fees are governed by the applicable NAM rules and fee schedules and applicable law, including NAM's Minimum Standards of Procedural Fairness where applicable. Each party bears its own attorneys' fees and expenses except as otherwise required by applicable law, NAM's applicable mandatory rules, or an authorized award. The arbitrator may award relief only on an individual basis, subject to Section 20 and any substantive limitation enforceable under applicable law. No additional fee subsidy, reimbursement, or procedural entitlement is created by these Terms.

(f) Place and provider availability. The legal place of arbitration is New York, New York. Proceedings will be in English, subject to applicable law and NAM's applicable mandatory standards. If NAM is unavailable or declines administration for a reason other than a party's failure to comply with its payment or other obligations, the parties may agree on an independent substitute. If they cannot agree, either may request appointment under FAA Section 5 or other applicable law. A substitute must apply the individual-proceeding requirements and applicable mandatory procedural standards.

(g) Allocation of authority. A court with jurisdiction, rather than an arbitrator, decides whether an arbitration agreement was formed or exists, which agreement controls where formation or conflicting agreements are at issue, and the interpretation, scope, or enforceability of Section 20. Except for those matters and questions reserved to courts by applicable law, the arbitrator has exclusive authority to determine the scope, validity, enforceability, and applicability of this arbitration agreement, including objections to arbitrability. A party may seek a court order compelling individual arbitration or confirming, vacating, or enforcing an award as permitted by applicable law.

(h) Limited exceptions. Either party may bring an individual action that qualifies and remains in small-claims court. Either party may seek temporary judicial relief necessary to preserve the status quo or prevent imminent harm pending arbitration, or injunctive relief to stop intellectual-property infringement or misappropriation. Seeking that relief does not waive arbitration of other claims. A non-waivable request for public injunctive relief must proceed in a court with jurisdiction and may be stayed pending individual arbitration only where lawful. Nothing in these Terms prohibits a protected report to, cooperation with, or an action by a government authority, or requires arbitration of a claim that applicable law makes non-arbitrable.

(i) Confidentiality. To the fullest extent permitted by applicable law, the parties must keep confidential the existence of an arbitration, its submissions, evidence, testimony, rulings, and award, except for information already lawfully public or independently obtained outside the proceeding. Disclosure is permitted as reasonably necessary to counsel, witnesses, professional advisers, insurers, or auditors subject to confidentiality obligations; to prepare or pursue the proceeding; to comply with law or legal process; or to seek judicial relief or enforce or challenge an award. The parties may request protective treatment for confidential information, but a court controls whether its records are sealed. Nothing in this subsection restricts a legally protected communication or disclosure to a government authority, requires notice or permission for such a communication, or limits any non-waivable reporting or whistleblower protection.

(j) Coordinated filings. NAM's Supplemental Rules for Mass Arbitration Filings and applicable fee schedules govern coordinated filings when applicable. NAM or a procedural arbitrator may address common administrative issues as those rules permit, but administrative coordination does not authorize class arbitration or a combined merits determination without each affected party's express written agreement after the Dispute arises.

(k) Court venue and survival. Subject to Section 19(h) and applicable law, any proceeding permitted in court must be brought exclusively in the state courts in New York County, New York, or the federal courts located there with subject-matter jurisdiction. You and the Company Parties consent to personal jurisdiction and waive objections based on venue or inconvenient forum to the extent lawful. Sections 19 and 20 survive account closure and termination for Disputes within their scope.

20 Class Action Waiver and Waiver of Jury Trial

(a) Individual proceedings. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EACH COMPANY PARTY AGREE TO PURSUE A DISPUTE SOLELY IN YOUR OR ITS INDIVIDUAL CAPACITY AND ONLY FOR YOUR OR ITS OWN ACCOUNT. NEITHER MAY COMMENCE, JOIN AS A CLASS MEMBER, OR ACT AS A REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING CONCERNING A DISPUTE. THIS WAIVER APPLIES IN COURT AND IN ARBITRATION, INCLUDING WHERE A DISPUTE IS EXCLUDED FROM ARBITRATION OR THE ARBITRATION AGREEMENT IS UNENFORCEABLE. Sections 19(h), 20(b), and 25(f) govern legally required exceptions.

(b) Authority and severability. Unless each affected party expressly agrees in writing after the Dispute arises, an arbitrator has no authority to conduct a class, collective, consolidated, or representative proceeding or combine different claimants' claims for a merits determination. Administrative coordination under Section 19(j) does not confer that authority. If a court finally holds a restriction in this Section unenforceable for a particular claim or request for relief, that claim or request will proceed in a court with jurisdiction to the extent lawful; the remaining claims and requests remain subject to individual arbitration and the remaining enforceable provisions. No severance, rule, or failure of arbitration creates consent to class arbitration. To the extent enforceable under applicable law, the waiver of court class proceedings is an independent agreement that survives the invalidity or unavailability of arbitration.

(c) Required exceptions. The exceptions in Section 19(h) and the limitations required by Section 25(f) apply to this Section. A legally required exception for a particular claim or remedy does not invalidate this Section for other claims or remedies.

(d) Separate mutual jury waiver. WHERE APPLICABLE LAW PERMITS, YOU AND EACH COMPANY PARTY KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY FOR ANY DISPUTE HEARD IN COURT. This waiver is independent of the arbitration agreement and class action waiver. Its invalidity does not affect the remaining enforceable provisions.

21 Limitation on Time to File Claims

To the fullest extent permitted by applicable law, a Dispute must be commenced within one (1) year after the claim accrues or it is permanently barred. Sending a notice under Section 19(c) alone does not commence arbitration or a court action; the sixty-day suspension specified there applies to this contractual period. If applicable law prohibits shortening a claim's limitation period or requires a different accrual rule, period, or extension, that law controls only to the extent required.

22 Termination

You may stop using the Services at any time and request account closure through support@fomofamily.club or an available closure tool. We may suspend, restrict, or terminate any account, access, feature, transaction capability, or Program participation, in whole or in part, at any time in our sole discretion, with or without cause or advance notice, subject only to applicable law. We undertake no obligation to give reasons, provide a cure or appeal process, continue a feature, or compensate for loss of access or anticipated benefits.

Suspension or termination may prevent access through Fomo to wallet functions, transaction history, assets, or open positions. Any available export, transfer, withdrawal, redemption, or position closure depends on the relevant wallet, provider, protocol, market, and legal restrictions. We undertake no obligation to maintain an interface, restore access, provide transition assistance, or execute or arrange an exit, except as required by applicable law. You remain responsible for open positions, fees, authorizations, and third-party obligations. The restrictions, risk allocations, and limitations in these Terms, including Sections 8 and 25, apply to suspension and termination.

Termination does not affect obligations or liabilities incurred before termination or vest any undelivered reward; Section 8 governs all Program amounts. Provisions that by their nature are intended to survive do so, including licenses granted to Fomo, payment and repayment obligations, releases, indemnities, disclaimers, limitations of liability, Sections 19 through 21, and Sections 23 through 27.

23 Waiver and Severability

A waiver by Fomo is effective only if in writing and signed by an authorized representative. No waiver of a term or breach is a continuing waiver or a waiver of another term or breach, and no delay or failure to exercise a right waives it. If a provision is held invalid, illegal, or unenforceable by a competent court or tribunal, it shall be limited to the minimum extent necessary or, if it cannot lawfully be limited, severed, and the remaining provisions remain effective. The specific arbitration and class-waiver provisions in Sections 19 and 20 control their own severability; no reformation or severance authorizes class arbitration.

24 Entire Agreement

These Terms, additional Fomo terms specifically identified and accepted for a feature or promotion, and agreements expressly incorporated into these Terms constitute the entire agreement between you and Fomo concerning the Services and supersede prior or contemporaneous communications and proposals on that subject. The Privacy Policy describes data practices and is not incorporated as an independent contractual warranty or service commitment. Sections 19 through 21 control conflicts concerning dispute resolution unless a later agreement signed by an authorized Fomo representative expressly identifies and modifies the affected provision. Other additional feature or promotion terms control only the specific subject and conflict they expressly address. Help articles, marketing materials, user statements, and support communications do not amend these Terms. An independent provider's terms govern its own services and do not amend this agreement. Fomo may assign these Terms and its rights and obligations, including in a reorganization, merger, or transfer of assets; you may not assign your rights or obligations without our written consent. No person other than you, Fomo, and the intended beneficiaries identified in these Terms acquires enforcement rights under these Terms.

25 Disclaimers Limitation of Liability and Indemnification

(a) Warranty disclaimer. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, CONTENT, DATA, AND FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES, TRANSACTIONS, DATA, OR THIRD-PARTY SERVICES WILL BE ACCURATE, SECURE, UNINTERRUPTED, TIMELY, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT A DEFECT WILL BE CORRECTED. NO INFORMATION OR COMMUNICATION CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME THE RISKS OF USING THE SERVICES, INCLUDING LOSS OF FUNDS, LOSS OF DATA, OR DAMAGE TO YOUR DEVICES.

(b) Excluded damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE, UNDER ANY LEGAL THEORY, FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, ANTICIPATED SAVINGS, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS SUBSECTION DOES NOT ENLARGE LIABILITY OTHERWISE EXCLUDED BY AN ENFORCEABLE RELEASE OR DISCLAIMER IN THESE TERMS.

(c) Aggregate cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) US$100 AND (II) THE FEES ACTUALLY PAID BY YOU TO AND RETAINED BY FOMO FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM. ASSET VALUES, TRADING PRINCIPAL, COLLATERAL, THIRD-PARTY CHARGES, AND AMOUNTS DISTRIBUTED TO OTHER PERSONS ARE NOT FEES PAID TO FOMO FOR THIS PURPOSE. THIS IS ONE COMBINED CAP FOR ALL COMPANY PARTIES AND ALL CLAIMS, NOT A SEPARATE CAP PER CLAIM, EVENT, OR DEFENDANT. THE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(d) Indemnification. To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless the Company Parties from third-party claims, liabilities, damages, judgments, penalties, and expenses, including reasonable attorneys' fees, arising out of your breach of these Terms, unlawful or fraudulent use of the Services, User Content, infringement or violation of another person's rights, or unauthorized use of the Services on another person's behalf. Fomo may elect to control the defense and settlement with counsel of its choice at your expense, subject to this subsection. You must cooperate and must not settle a covered claim without Fomo's written consent. This subsection does not impose indemnity for asserting your own claim against a Company Party or for a liability that applicable law prohibits shifting to you.

(e) Events beyond control. The Company Parties are not liable for failure or delay caused by events beyond their reasonable control, including network or protocol failures, market disruption, outages, attacks, labor disputes, natural disasters, war, governmental action, or failures of independent providers. Such an event creates no obligation to maintain uninterrupted access, replace lost opportunities, or perform a technically unavailable transaction.

(f) Mandatory law and construction. All exclusions, releases, waivers, indemnities, limitations, and discretionary powers in these Terms apply only to the extent permitted by applicable law. No provision excludes a liability, remedy, or protection that applicable law prohibits excluding. This savings clause creates no additional contractual obligation. Any restriction required by that law applies only to the affected provision, claim, or remedy; the remaining enforceable protections continue to apply.

26 Taxes

You are solely responsible for determining and satisfying taxes, filings, and reporting obligations arising from your transactions, rewards, or other use of the Services. Fomo may request tax information and deduct, withhold, remit, or report amounts as required by applicable law. You must provide accurate requested information. We provide no tax advice and do not guarantee that any transaction history or report is a complete or accurate tax record. Retain your own records and obtain independent tax advice.

27 Information About You and Your Visits to the Services

By using the Services, you consent to all actions we take concerning your information in compliance with our Privacy Policy.

Our Privacy Policy at https://fomofamily.club/privacy-policy describes our processing of personal information. It does not replace any separate consent required by applicable law. Public blockchain records may remain available after an account or app record is deleted.

28 Linking to the Services and Social Media Features

You may link to our website homepage and other Services features in a manner that is fair, legal, and does not damage our reputation. However, you must not establish a link that suggests any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice.

29 Links from the Services

Our Services may contain links to third-party sites, Third-Party Services and resources. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

30 Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@fomofamily.club.

Legal dispute notices must comply with Section 19(c). Sending an email does not constitute service of legal process or consent to electronic service except where applicable law provides otherwise.