Terms of Use

By creating an account in the FOMO Social app, registering a brand account, accessing the dashboard, purchasing FOMO points, or otherwise using the Service, you agree to be bound by these Terms, our Community Guidelines, and our Privacy Policy. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.

If you do not agree with any part of these Terms, do not create an account or use the Service.

To use the FOMO Social app, you must:

• Be at least 13 years old. Where your local law sets a higher minimum age for consenting to online services, that higher age applies to you.
• Not be located in, or a national or resident of, any country or region subject to comprehensive U.S. trade sanctions, and not be listed on any U.S. or other applicable government denied-party or sanctions list (including OFAC's SDN list).
• Not be barred from receiving the Service under applicable law.

To register a brand, organizer, or business account — which can sell tickets, run campaigns, and receive payouts — you must additionally:

• Be at least 18 years old.
• Be authorized to act on behalf of the brand, business, or other legal entity for which you are registering.
• Not be located in, or a national or resident of, any country or region subject to comprehensive U.S. trade sanctions, and not be listed on any U.S. or other applicable government denied-party or sanctions list (including OFAC's SDN list).
• Not be barred from receiving the Service under applicable law.

You agree to provide accurate, current, and complete information during registration and to keep it updated. You are responsible for safeguarding your login credentials and for any activity that occurs under your account, whether or not authorized by you.

Notify us immediately at legal@thefomosocial.com if you suspect unauthorized use of your account. We are not liable for losses caused by your failure to keep your credentials secure.

This section applies to everyone who uses the FOMO Social mobile app to share memories, Forts, and stories, comment, message friends, buy tickets, or earn points with FOMO Partner.

• Age. You must be at least 13 to create an account (see Section 2). We ask for your date of birth when you sign up and don't create accounts for anyone under 13. If you are under 18, please read these Terms with a parent or guardian.
• Your account. Give your real date of birth and keep your details accurate. Your account is for you alone: don't share your password, and don't sell, rent, or transfer your account or username to anyone else. You are responsible for everything that happens under your account (see Section 3).
• Tickets. When you buy a ticket in the app, we sell it on behalf of the event's Organizer and process your payment through Stripe. The Organizer runs the event and sets its refund policy, and refunds are issued by the Organizer through the Service, as described in Sections 10 and 11. Your ticket's QR code admits one entry and stops working once it is scanned at the door, so don't share it. When the Organizer allows it, you can gift a ticket to a friend in the app, but you may not resell a ticket above face value. Some events are listed from other ticket sellers, such as Ticketmaster: those tickets are bought on that seller's site, under its terms, not from us.
• Age-restricted items. If an Organizer marks drinks or other items on a ticket as age-restricted, you can buy that ticket only if the date of birth on your account shows you meet the event's minimum age, and staff may check your ID before serving you.
• FOMO Partner points. With FOMO Partner, you can earn points from a brand's campaign by posting with its tag, in the app or on a connected Instagram account. Points come from the brand that runs the campaign and can only be spent on that brand's rewards in the app. Points have no cash value: you can't cash them out, sell them, or transfer them to anyone else. A post earns points only if it meets the campaign's rules, and some brands approve posts before they pay. Rewards that include alcohol or other age-restricted items are only for people of legal age.
• Breaking the rules. If you break these Terms or the Community Guidelines, we may remove your content, withhold or remove points you earned by breaking them, and suspend or terminate your account (see Sections 5 and 14). Points and unused rewards are lost when your account is deleted or terminated.
• Deleting your account. You can delete your account at any time in the app (Settings › Delete Account) or at thefomosocial.com/delete-account. Deletion is permanent and can't be undone. That page and our Privacy Policy explain what we delete and what we have to keep, such as records of ticket orders.

Our Community Guidelines are part of these Terms. They define the content and behavior that aren't allowed on FOMO Social, and you accept them when you create an account or use the app. They apply to everything you post, send, or share in the app: memories, Forts, stories, comments, direct and group messages, and your profile. Read them in full at thefomosocial.com/community-guidelines.

In short, you must not post, send, share, or promote:

• Child sexual abuse or exploitation, or anything that sexualizes minors. We have zero tolerance for it.
• Nudity or sexual content.
• Hate speech, discrimination, harassment, bullying, or threats.
• Violence or content that glorifies it, or content that promotes suicide or self-harm.
• Illegal goods or activity, including drugs, weapons, alcohol or tobacco for minors, and selling tickets you don't own.
• Scams, fraud, fake events, spam, or fake engagement.
• Content that impersonates another person, brand, or organization.
• Other people's private information, intimate images shared without consent, or photos and videos of people who have asked not to be filmed.
• Content that infringes someone else's copyright, trademark, or other rights.

You can report content and block people in the app; the Community Guidelines explain how. We may remove content and suspend or permanently ban accounts that break these rules. We report child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC), as US law requires, and may report other illegal activity to law enforcement.

How we protect minors is explained in our Child Safety Standards at thefomosocial.com/child-safety.

This section covers the photos, videos, text, and other content you post or send in the app ("User Content").

• You own it. You keep ownership of your User Content. We don't claim ownership of anything you post.
• License to us. You grant Dealide Inc. a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute your User Content, and to modify it for technical purposes (such as resizing or compressing media), in order to operate, provide, and promote the Service.
• FOMO Partner posts. If you take part in a FOMO Partner campaign, this license also covers the posts you make for it, including posts we read from your connected Instagram account, so we can check them against the campaign's rules and show them to the brand that runs it.
• When the license ends. The license ends when your User Content is deleted from the Service, whether you delete it yourself or delete your account, except where other people have shared it and it remains with them, or where the law requires us to keep it. Deleted content may remain in our backups for a limited time.
• Your responsibility. You are responsible for your User Content. Only post content you have the right to share, and make sure it follows these Terms and the Community Guidelines.
• Moderation. We don't review all content before it's posted, but we may remove or restrict any content that we believe breaks these Terms, the Community Guidelines, or the law.

"FOMO points" ("Points") are the in-platform unit used to fund campaigns and reward users inside the FOMO Social ecosystem. The conversion rate is fixed at 100 Points = $1.00 USD.

• Purchase. Points are purchased in USD via Stripe. By purchasing, you authorize us (and Stripe) to charge your selected payment method.
• Closed loop. Points are non-cashable, non-transferable between brands, and only redeemable inside the FOMO Social ecosystem at your brand. Points have no independent monetary value outside the Service.
• Tax. Prices are exclusive of applicable taxes. You are responsible for any sales, use, VAT, GST, or similar taxes arising from your purchase, except for taxes on our net income.
• Refunds. Unallocated Points sitting in your brand wallet are refundable within 30 days of purchase, less payment-processor fees that we cannot recover. Points that have already been allocated to a campaign or awarded to a user are non-refundable.

A "Campaign" is the configuration you publish that defines what user actions earn Points and what rewards they redeem for. You are responsible for the legality, accuracy, and content of every Campaign you publish.

Permitted. Lawful promotion of your own brand, products, or events using content you own or are licensed to use.

Prohibited. You must not run Campaigns that:

• Promote illegal goods, services, or activity.
• Contain hate speech, harassment, threats, or sexually-explicit material involving minors.
• Use misleading metrics, fake claims, or deceptive mechanics.
• Encourage account sharing, sock-puppet engagement, or circumvention of platform rules.
• Infringe a third party's intellectual-property, privacy, or publicity rights.

We reserve the right to pause, modify, or remove Campaigns that we reasonably believe violate these Terms or applicable law, with or without notice.

When a FOMO Social user completes an action that your Campaign rewards, Points are awarded to that user from your Campaign budget. Once awarded:

• Awarded Points belong to the user. You cannot rescind, claw back, or transfer them.
• You commit to honoring redemptions of those Points at the rewards described in the Campaign, until the earlier of (a) the Campaign end date or (b) the Campaign's allocated Point pool being depleted.
• If you wish to extend a Campaign past its end date or add more Points to the pool, you may do so from the dashboard at any time.

Failure to honor outstanding redemptions in good faith is a material breach of these Terms.

The Service lets brands and organizers create events, sell tickets, and validate attendees at the door. The party that creates and publishes an event (the "Organizer") is the merchant of record for the tickets it sells and is solely responsible for the event itself — its occurrence, scheduling, venue, safety, licensing, age restrictions, and compliance with all applicable laws.

• Purchases. Ticket purchases are processed in USD via Stripe. By buying a ticket, the attendee authorizes us and Stripe to charge the selected payment method for the ticket price plus any disclosed fees and taxes.
• Delivery & validity. Each paid ticket is issued a unique QR code redeemable for a single entry. A ticket is valid only until it is scanned and marked used at the door, and only for the event and tier it was issued for.
• Transfer & resale. Tickets are personal. Resale above face value, or any transfer that the Organizer's event rules prohibit, is not permitted and may void the ticket without refund.
• Organizer obligations. Organizers must honor valid tickets, set accurate capacities and pricing, present truthful event information, and process refunds in line with the policy below and applicable consumer-protection law.
• Our role. FOMO Social provides the ticketing technology and payment facilitation; we are not the organizer of, and are not responsible for, any event listed on the Service unless we expressly state otherwise in writing.

All payments on the Service — Points purchases and ticket sales — are processed by Stripe. We do not receive or store full payment-card numbers; card data is handled directly by Stripe under its own terms and PCI-DSS compliance.

• Fees & taxes. Displayed prices may exclude applicable taxes and clearly disclosed service fees, which are added at checkout. You are responsible for any taxes arising from your purchase, except taxes on our net income.
• Ticket refunds. Unless an event is cancelled or materially changed, ticket sales are final at the Organizer's discretion. Where a refund is due (event cancellation, duplicate charge, or as required by law), the Organizer may issue a full or partial refund through the Service; the refunded amount is returned to the original payment method and the corresponding ticket is voided.
• Cancelled events. If an Organizer cancels an event, the Organizer is responsible for refunding affected ticket holders. We may facilitate those refunds but are not the guarantor of an Organizer's obligations.
• Chargebacks. Initiating a chargeback instead of requesting a refund through the Service may result in the associated tickets being voided and the account being suspended pending resolution. We cooperate with Stripe on dispute handling.
• Payout & reconciliation. Net proceeds from ticket sales are settled to Organizers per the payout terms in effect, less processing fees and any amounts withheld for refunds, chargebacks, or suspected fraud.

You agree not to, and not to assist any third party to:

• Post, send, or share anything that breaks our Community Guidelines.
• Scrape, crawl, harvest, or otherwise extract data from the Service except via APIs we expressly provide.
• Reverse-engineer, decompile, or attempt to derive the source code of the Service, except to the extent applicable law forbids such restrictions.
• Use bots, scripts, or other automation to abuse rate limits, evade billing, or generate inauthentic engagement.
• Buy, sell, or arrange fake likes, shares, follows, or other engagement signals on the Service or on any connected platform.
• Probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure, except under a coordinated disclosure program with us.
• Use the Service to transmit malware, phishing attempts, or unsolicited bulk communications.

Our IP. The Service, including all software, designs, text, graphics, logos, and the FOMO Social and FOMO Social names and marks, is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Your IP. You retain all rights in the brand assets, copy, images, video, and other content you upload ("Brand Content"). You grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce, modify (for technical purposes such as resizing), and display Brand Content solely as needed to operate, provide, and promote the Service.

Feedback. If you send us suggestions or feedback, we may use them without restriction or obligation to you.

You may close your account at any time. App users can delete their account in the app or on the web, as described in Section 4. To close a brand console account, email privacy@thefomosocial.com from the email address on the account.

We may suspend or terminate your access, with or without notice, if you breach these Terms or the Community Guidelines, create risk or legal exposure for us or our users, or if required by law.

On termination, any unallocated Point balance in your brand wallet is refundable to your original payment method per the refund policy in Section 7. Outstanding user-earned Points remain redeemable until they expire by their existing Campaign rules; you remain responsible for honoring those redemptions.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We aim for high uptime and continuous availability, but we do not commit to a service-level agreement (SLA) in this version of the Service. The Service may be interrupted for maintenance, updates, or causes outside our reasonable control.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You will defend, indemnify, and hold harmless FOMO Social and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) Brand Content you submit; or (c) your alleged infringement, misappropriation, or violation of any third party's intellectual-property, privacy, or other rights.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration will be New York, New York. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and we each agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Filing window. Any claim must be filed within one (1) year after the cause of action arose, or it is permanently barred.

We may update these Terms from time to time. For material changes, we will notify registered brand contacts at least 30 days before the changes take effect, by email and via an in-product notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may terminate your account before the changes take effect and request a refund of any unallocated Points per Section 7.

If a change materially affects how you use the app, we will let you know before it takes effect, for example by email or with a notification in the app. If you do not agree, you can delete your account before the change takes effect.

Questions about these Terms? We're happy to walk through any clause.

• Email: legal@thefomosocial.com
• Postal: Dealide Inc., 1606 Headway Cir STE 9766, Austin, TX 78754, USA.

Dealide Inc. · Delaware, USA