These terms of use are entered into by and between you and the owners of the FOMO application ("the developer", "we," or "us"). The following terms and conditions, together with its Privacy Policy and any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the FOMO software, including any content, functionality, and services offered on or through such app, whether as a free or a subscribed user. Please read the Terms of Use carefully before you start to use the software. By using the software, you accept and agree to be bound and abide by these Terms of Use, which includes the Privacy Policy. If you do not want to agree to these Terms of Use, you must not access or use the software. By using this software, you represent and warrant that you are of legal age to form a binding contract with the Developer and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Software.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Software. Your continued use of the Software following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Software, and any service or material we provide on the Software, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Software is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Software, or the entire Software, to users, including paid subscribers.
You are responsible for both:
To access the Software or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Software that all the information you provide on the Software is correct, current, and complete. You agree that all information you provide to register with this Software or otherwise, including, but not limited to, through the use of any interactive features on the Software, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We have the right to terminate any subscription if, in our opinion, you have violated any provision of these Terms of Use without refund.
The Software and its 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 the Developer, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Software for your personal, non-commercial 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 Software.
You must not:
The Developer name, the term "Fomo score," and all related names, logos, product and service names, designs, and slogans are trademarks of the Developer or its affiliates or licensors. You must not use such marks without the prior written permission of the Developer. All other names, logos, product and service names, designs, and slogans on this Software are the trademarks of their respective owners.
You may use the Software only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Software:
Additionally, you agree not to:
In consideration for your subscribing, viewing, downloading, and/or participating on the Software, you hereby acknowledge and agree with the Developer as follows:
We may update the content on this Software from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Software may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Software is subject to our Privacy Policy. By using the Software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
The Developer may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Paying subscribers may share images and/or videos of the Software, or any page owned by the Developer, as long as they give a verbal or written "shout out" of the Developer to their audience.
The user must ensure that the "shout out" is not slanderous or claim to represent the views of the Developer in any way. The Developer will not be held liable for anything the user says, or share the opinions of the user in their respective content.
The user must also share a link to Fomo on their social media post which contains usage of Fomo's website/platform in the description. The link is as follows: https://www.fomo-score.com.
You may provide us either directly at support@fomo-score.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) The Developer may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) The Developer is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Developer and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
The owner and developer of the Software are based in Costa Rica. We make no claims that the Software or any of its content is accessible or appropriate in every country. Access to the Software may not be legal by certain persons or in certain countries. You are using our software on your own initiative and are responsible for compliance with local laws.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE DEVELOPER 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 SOFTWARE, ANY CONTENT ON THE SOFTWARE, 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE DAMAGES OF ANY CHARACTERIZATION SHALL BE CAPPED IN THE AGGREGATE AT THE AMOUNT YOU HAVE PAID TO THE DEVELOPER IN THE LAST 12 MONTHS.
You agree to defend, indemnify, and hold harmless the Developer against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Use or your use of the Software, any use of the Software's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Software.
No waiver by the Developer of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Developer to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the software, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
The Terms of Use, our Privacy Policy, and other materials on this page constitute the sole and entire agreement between you and the Developer regarding the Software and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Software.