Terms of Service

Date: June 8, 2026

1. Introduction; Preamble

THE SERVICES (AS DEFINED HEREIN) WERE NOT DEVELOPED FOR, AND ARE NOT OFFERED 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 ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO SANCTIONS OR RELATED RESTRICTIONS UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE CRIMEA REGION, CUBA, DONETSK, THE DEMOCRATIC REPUBLIC OF CONGO, IRAN, LIBYA, LUHANSK, MYANMAR (BURMA), NORTH KOREA, SUDAN, VENEZUELA, OR YEMEN, OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES, THE UNITED KINGDOM, OR THE EUROPEAN UNION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR ANY JURISDICTIONS WHERE TRANSACTING IN CRYPTOCURRENCIES IS PROHIBITED OR RESTRICTED IN ANY FORM (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND INDIVIDUALLY A “RESTRICTED JURISDICTION”) OR ANY PERSON OWNED, CONTROLLED, LOCATED IN, OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH SUCH A PERSON, ANY INDIVIDUAL LISTED ON SANCTIONS LISTS MAINTAINED BY THE UNITED STATES, THE UNITED KINGDOM, OR THE EUROPEAN UNION (COLLECTIVELY, “RESTRICTED PERSONS”). IF YOU ARE A RESTRICTED PERSON, YOU MUST NOT USE OR ATTEMPT TO USE THE SERVICES. THE USE OF TECHNOLOGY OR MECHANISMS, SUCH AS A VIRTUAL PRIVATE NETWORK (“VPN”), TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THESE RESTRICTIONS IS STRICTLY PROHIBITED.

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 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, together with our Privacy Policy, which are incorporated herein by this reference, and any documents and additional terms they expressly incorporate by reference, including any other terms and conditions or agreements that FOMO Labs, Inc. (“Company,” “we,” or “us”) posts publicly or makes available (collectively, these “Terms of Use”), constitute the agreement between Company and you concerning your use of, and access to, our app, FOMO, on our iOS app, and/or website located at https://fomo.family (collectively, the “Services”), excluding any third-party materials, technology, smart contracts, or applications.

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). 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 do 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.

Please read these Terms of Use carefully, as they govern your use of the Services. These Terms cover your rights and obligations, as well as our disclaimers and limitations of legal liability related to your use of and access to the Services. By using the Services, you acknowledge and agree to be bound by these Terms of Use. If you do not agree to these Terms, you must not access or use the Services.

PLEASE BE AWARE THAT THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, WHICH PROVIDES THAT EITHER PARTY MAY ELECT, WITH LIMITED EXCEPTIONS, TO REFER ANY DISPUTE BETWEEN YOU AND US TO ARBITRATION. THESE TERMS ALSO CONTAIN A CLASS ACTION AND JURY TRIAL WAIVER.

Throughout your use of the Services, you represent and warrant that: (i) you are over the age of eighteen (18) or otherwise of legal age to form a binding contract and have the legal and mental capacity to enter into these Terms of Use; (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; and (iv) you are not a Restricted Person or connected to one in any way, and you are not located in a Restricted Jurisdiction.

2. Changes to these Terms of Use

We may revise and update these Terms of Use at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions in the Governing Law and Jurisdiction section below will not apply to disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use 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.

3. Changes to the Services

We may update the content on our Services 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.

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:

  1. Making all arrangements necessary for you to have access to the Services.
  2. Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use 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 (whether in transit to you, from 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. It is your responsibility to secure your passwords, keys or seed phrases and to establish any applicable recovery mechanism.

WE MAKE NO REPRESENTATIONS REGARDING THE SECURITY OR SAFETY OF YOUR DIGITAL ASSETS OR THE SERVICES. 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 WALLET.

5. Usernames, Profiles & Account Content

Your username, display name, handle, biography, profile picture, banner image, and any other account-identifying content (collectively, “Account Content”) are licensed to you by FOMO Labs Inc. on a revocable, non-exclusive, non-transferable basis. You do not own your username or any other Account Content, and no property right, goodwill, or other interest accrues to you by reason of your selection or use of any username or Account 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 Account 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 Account 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 username, handle, or Account Content to any third party, whether for cryptocurrency, fiat currency, goods, services, or any other consideration. Any attempted transfer in violation of this section is void and constitutes grounds for immediate suspension or termination of your account without notice.

6. Use of the Services

The Services are available through our iOS, allowing you to set up a digital wallet (the “Trading Wallet”) to trade certain cryptocurrencies. When a Trading Wallet is generated (at first signup or when you create a new wallet through our platform), you will be able to view the private keys to your Trading Wallet upon exporting your Wallet. The keys will be transmitted to you unencrypted by Privy, a third-party service provider. You must review and accept these Terms of Use when your Trading Wallet is created, and periodically thereafter when prompted.

WE ARE NOT RESPONSIBLE FOR THE SECURITY OR SAFETY OF YOUR DIGITAL ASSETS. YOU ACKNOWLEDGE AND ACCEPT THE RISK OF TRANSACTING UNENCRYPTED DIGITAL WALLET KEYS OVER THE INTERNET AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY CLAIMS ARISING IN CONNECTION WITH YOUR KEYS.

When you use the Services, you interact with technology (e.g., protocols, DEXs, smart contracts, third-party software and services) offered by third parties, not controlled by us. You 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.

You acknowledge that (i) when you initiate, instruct, or engage in transactions using our Services, all such transactions occur on third-party infrastructure using third-party technologies; (ii) the Services are a conduit to such third-party infrastructure and technologies; and (iii) the Services are not a DEX, exchange, or broker, and do not process any of your transactions.

We have no control over or responsibility for third-party protocols, networks, or technology, including Telegram. Changes or disruptions to 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.

You agree to abide by the terms of third-party providers you access through our Services, including (but not limited to):

  • To provide accurate and complete personal identity information when requested;
  • To abide by token purchasing and transfer rules, if applicable;
  • If you obtain a digital collectible such as a meme coin or similar token, you agree not to swap such tokens into a traditional cryptocurrency (such as Bitcoin or ETH) and transfer the tokens to a wallet outside of Fomo.

7. Fees

We charge a minimum fee of 0.50% per transaction (subject to a minimum fee of $0.95 per transaction) for the services we offer, including all buy and sell transactions conducted through the Services. Such fees may apply to token swaps executed on third-party exchanges accessed via the Services. We may, in our sole discretion, offer reduced or alternative fee rates. We may post information about our fees on our website, but we do not guarantee to provide fee information prior to engaging in transactions. You may also incur fees payable to third parties, which we will not disclose or be responsible for.

For Perps (as defined below) transactions, we charge a fee of 0.05% per transaction. This fee is in addition to any fees charged by the applicable third-party protocol(s), including but not limited to trading fees, gas fees, and funding rate payments. Perps fees are subject to change at any time, in our sole discretion, without notice.

Our fees are subject to change at any time without notice, even after providing an estimate. Third-party fees may also change.

Under no circumstances shall Company incur any liability related to fees charged by third parties or in connection with such third-party technology or materials. You hereby release us and hold harmless the Company Parties from any and all liability associated with fees related to the Services or your use of third-party technologies connected to or available through the use of the Services.

YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM ANY LOSSES OR DAMAGES YOU MAY SUFFER RELATING TO FEES (WHETHER OURS OR THOSE IMPOSED BY THIRD PARTIES) AND ANY PRICING CHANGES CHARGED FOR TRANSACTIONS PROCESSED THROUGH THE SERVICES.

8. Referral Program

Subject to these Terms of Use and any other terms we may provide in connection with certain features, you may use the Services to engage in certain digital transactions. We may offer certain referral programs, details of which can be found at https://fomo.family/ (the “Referral Program”). Note that the information in our Reward Program may change at any time at our sole discretion, without notice. All payouts in connection with the Referral Program, if any, will be calculated and paid at our sole discretion.

You may not refer yourself, refer accounts you own or control, or otherwise engage in self-referral activity. For purposes of this section, “self-referral” includes, without limitation, creating multiple accounts to obtain referral benefits, referring an account over which you exercise direct or indirect control, or coordinating with others to artificially generate referral rewards. Whether any activity constitutes self-referral or referral manipulation shall be determined by Fomo in its sole discretion.

We reserve the right, in our sole discretion, to void, reverse, claw back, or withhold any referral rewards, credits, fee reductions, or other benefits obtained through self-referral, manipulation, fraud, or any conduct we determine to be inconsistent with the intended purpose of the Referral Program. Violation of this section may result in forfeiture of all accumulated referral benefits and immediate suspension or termination of your account.

We reserve the right to modify or cancel our Referral Program at any time, with or without notice.

In case of a dispute about payouts or funds due in connection with the Referral Program, we will review and render a decision at our sole discretion. You agree to be bound by such a decision and hold harmless the Company Parties from any and all liability associated with rewards.

YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF THE REFERRAL PROGRAM, THE DECISIONS WE MAKE WITH RESPECT TO IT, AND ANY INFORMATION WE PROVIDE ABOUT IT, EVEN IF INACCURATE.

9. Leaderboards, Rankings & Performance Metrics

The Services may display leaderboards, rankings, profit-and-loss (“PnL”) 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, 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 manipulation or gaming; (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. Any rewards, prizes, recognition, or other benefits associated with manipulated Metrics may be voided or clawed back.

Whether any activity constitutes manipulation or gaming of Metrics shall be determined by Fomo in its sole discretion.

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) 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 Protocol; No Counterparty Relationship. Perps accessible through the Services are offered, operated, matched, and settled entirely by independent, third-party decentralized protocols. Fomo does not operate, control, intermediate, custody, or settle Perps trading. Fomo is not your counterparty, broker, dealer, futures commission merchant, or clearing organization with respect to any Perps transaction. 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 Perps. We reserve the right to require identity verification 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 sanctioned person, listed on any OFAC, UK, or EU sanctions list, or connected to prohibited activity. You represent that neither you nor any wallet address you use in connection with Perps is owned or controlled by any such person or entity.

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;
  • 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 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 any 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.

11. 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 of Use permit you to use the Services for personal use only. 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:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. 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.
  4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
  5. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  1. Modify copies of any materials from the Services.
  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  3. 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 of Use, 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. 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 of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

12. 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.

13. 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@fomo.family. 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:

  1. 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.
  2. All of your Feedback does and will comply with these Terms of Use.

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.

14. Community Conduct & 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 are not obligated, 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 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.

15. 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;
  • 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 manual processes to monitor or copy the Services’ content without our express written permission;
  • 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;
  • 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;
  • Sell, offer for sale, auction, trade, transfer, license, or otherwise commercialize or assign any username, handle, or Account Content to any third party;
  • 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.

16. Reliance on Information and Third-Party Materials

The information provided on or through the Services is for general information purposes only. 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.

17. No Financial or Investment Advice

FOMO is not registered with or licensed by any regulatory authority. We do not act as your financial advisor, investment manager, or commodity trading advisor. We do not provide investment advice of any kind concerning the assets you choose to trade. All decisions to purchase or sell digital assets through the Services are solely yours. You must understand the risks involved in trading cryptocurrencies and the potential for loss. It is your responsibility to ensure you are knowledgeable about the assets you are trading and the risks involved.

We may suspend or terminate your use of the Services at any time if we suspect any fraudulent or illegal activity, or if required by applicable laws. We may change the functionality of the Services without notice, which could affect the availability of certain networks or assets.

The foregoing applies with equal force to Perps accessible through the Services. Perps are complex, leveraged derivative instruments that carry a substantial risk of loss, including loss in excess of your initial margin. We do not provide advice regarding whether Perps trading is suitable for you, and we are not responsible for your decision to engage in Perps trading or for any losses you incur. You are solely responsible for evaluating whether Perps trading is appropriate given your financial situation, experience, and risk tolerance.

YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE FINANCIAL, INVESTMENT, TAX, LEGAL, OR SECURITIES ADVICE. THE OPERATION OF THE SERVICES DOES NOT CREATE A RELATIONSHIP IN WHICH WE OFFER OR TENDER INVESTMENT ADVICE. YOU AGREE THAT WE ACCEPT NO RESPONSIBILITY FOR YOUR TRADING DECISIONS OR THE USE OF THE SERVICES. YOU HEREBY RELEASE AND HOLD HARMLESS FOMO LABS INC. AND THE COMPANY PARTIES FROM ANY LOSSES OR DAMAGES ARISING FROM YOUR DECISIONS OR YOUR USE OF THE SERVICES.

18. Governing Law and Binding Arbitration

These Terms shall be governed by and construed under the laws of New York without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiations as described herein.

Dispute Resolution (by Binding Arbitration)

  1. Initial Dispute Resolution: In the event of any disagreement or dispute arising out of or relating to these Terms, both parties agree to first attempt to resolve the dispute amicably through good-faith negotiations. You may notify us of a dispute by emailing us at support@fomo.family. We will respond to you via email using the contact information you have provided.
  2. Arbitration Agreement: If the dispute is not resolved within sixty (60) days after notice of the dispute has been provided, either party may elect to submit the dispute to binding arbitration held in New York, including remotely by way of video conference administered by National Arbitration and Mediation and conducted in English, rather than in court.
  3. Terms of Arbitration: The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of this Agreement is void or voidable. The decision of the arbitrator will be final and binding upon both parties, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. All proceedings, including but not limited to negotiations, discussions, and arbitration awards, shall be kept strictly confidential except as required by law.
  4. Exclusions: This Arbitration Agreement does not preclude either party from seeking injunctive or equitable relief in a court of competent jurisdiction, including for the alleged unlawful use of intellectual property.

19. Class Action Waiver and Waiver of Jury Trial

YOU AND FOMO LABS INC. AGREE THAT ANY CLAIMS OR DISPUTES SHALL BE LITIGATED OR ARBITRATED ON AN INDIVIDUAL BASIS ONLY AND NOT ON A CLASS OR COLLECTIVE BASIS. THIS MEANS YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FURTHERMORE, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

20. Limitation on Time to File Claims

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE; OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.

21. Termination

We reserve the right to terminate or suspend your access to all or part of the Services at our discretion, without prior notice, and for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease. You agree that FOMO Labs Inc. and the Company Parties shall not be liable to you or any third party for any termination of your access to the Services.

22. Waiver and Severability

No waiver by FOMO Labs Inc. of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

23. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and FOMO Labs Inc. with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

24. Disclaimer of Warranties / Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY MATERIALS PROVIDED VIA THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FOMO LABS INC., ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF FORESEEABLE.

25. Taxes

You are solely responsible for determining what, if any, taxes apply to your digital asset transactions. We do not collect, report, or remit any taxes for you. You agree to be responsible for all taxes and reporting obligations arising from your use of the Services.

26. Information About You and Your Visits to the Services

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions we take concerning your information in compliance with our Privacy Policy.

27. 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.

28. Links from the Services

Our Services may contain links to third-party sites 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.

29. Your Comments and Concerns

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