TERMS OF SERVICE (updated 2024 02 12)

Section 1: Introduction

1.1 Definition of Terms

The following terms shall have the meanings ascribed to them below:

– “FOMO AI Corp” or “We” refers to the company registered in Colorado, USA, providing technology and services as outlined in this agreement.

– “Member” refers to any individual or entity that has registered to use any of the services provided by FOMO AI Corp, whether as a subscription or ad-hoc basis.

– “Agents” refer to tools provided as part of the FOMO.ai CoPilot service that help automate tasks with AI, and may be called Agents, Bots, CoPilots, Tools or GPTs.

– “Services” refers to all services provided by FOMO AI Corp, including fully managed services, consulting, training, events, and FOMO.ai CoPilot.

– “Community” refers to the additional benefit of community interaction and collaboration provided to Members.

1.2 Scope of Agreement

This agreement governs the terms under which Members may use the Services provided by FOMO AI Corp. By registering for and using any of the Services, Members agree to be bound by the terms and conditions contained herein.

Section 2: Membership Eligibility

2.1 Age Requirement

Members must be at least the legal age of majority in their jurisdiction to agree to and abide by these terms.

2.2 Legal Capacity

By agreeing to these terms, Members represent that they have the legal capacity to enter into a binding agreement.

Section 3: Software as a Service (SaaS)

3.1 Service Description: FOMO AI offers a suite of SaaS tools and semi-autonomous workflows designed for marketing and business operations. This includes customizable tool creation and a unique “Brand Lens” feature for efficient AI tool usage.

3.2 User Access and License: Users are granted a non-exclusive, non-transferable, limited license to access and use the SaaS in accordance with these Terms. The service must not be sublicensed, resold, or exploited without prior permission from FOMO AI.

3.3 Subscription and Payment: Our SaaS is available under various subscription models: monthly, annual, or at times, free, based on our discretion. Subscriptions may also be bundled with our Services for clients.

3.4 User Responsibilities: Users are responsible for maintaining the security of their account information and for all activities conducted under their account. Users must comply with all applicable laws and regulations in using our SaaS.

3.5 Data Protection: FOMO AI is committed to protecting user data as outlined in our Privacy Policy, adhering to robust security measures and data protection regulations.

3.6 Service Availability: We aim for maximum service availability, but do not guarantee uninterrupted service. Notice will be provided for scheduled maintenance whenever feasible.

3.7 Modifications and Updates: We reserve the right to modify or discontinue our SaaS, without notice to users. Significant updates or changes will be communicated to users.

3.8 Termination: Either party may terminate the use of our SaaS under conditions outlined in these Terms, with specifics provided in our termination policy.

3.9 Limitation of Liability: Our liability in connection with the SaaS is limited as detailed in the existing section on Limitation of Liability.

3.10 Indemnification: Users agree to indemnify and hold harmless FOMO AI from any claims arising from their misuse of the SaaS.

3.11 Governing Law: This agreement is governed by the laws of the State of Colorado, United States.

3.12 Miscellaneous: This section is subject to the same general terms as outlined in the rest of our Terms of Service, including amendment and severability provisions.

Section 4: Content & SEO Services

4.1 Service Overview: FOMO AI offers a variety of services as agreed upon with clients, which may include, but are not limited to, SEO and content marketing. Our services are tailored to meet specific client needs and objectives in these areas.

4.2 No Performance Guarantee: We make no guarantees regarding the performance outcomes of our services. While we strive to enhance your digital presence, we cannot guarantee specific results in search engine rankings or website traffic.

4.3 Liability Disclaimer: FOMO AI takes no liability for any decrease in search engine performance or rankings as a result of our services. Clients understand that SEO and content marketing can involve risks and are advised to consider this when engaging our services.

4.4 Client Responsibilities for Content: The client’s responsible for reviewing and verifying the accuracy of all content created as part of our services. FOMO AI is not responsible for errors or inaccuracies in the provided content.

4.5 Performance and Reporting: We will provide regular updates and reports on the performance of the content and SEO services. However, we do not guarantee specific rankings, traffic, or conversion results.

4.6 Payment Terms: Payment terms for Content and SEO services will be as agreed upon in client contracts. Late payments may result in the suspension of services.

4.7 Confidentiality: We adhere to strict confidentiality protocols. Any client information or data shared during the service will be kept confidential.

4.8 Liability and Indemnification: Our liability in providing Content and SEO services is limited as described in the existing section on Limitation of Liability. Clients agree to indemnify FOMO AI against any claims arising from the use of the content.

4.9 Termination of Services: Either party may terminate the services under conditions outlined in these Terms, with specifics provided in our termination policy.

4.10 Governing Law: These services are governed by the laws of the State of Colorado, United States.

 

Section 5: Member Responsibilities

4.1 Usage and Compliance

Members are solely responsible for their use of the Services, including the output generated and ensuring compliance with applicable laws, regulations, and industry standards. Members acknowledge that the use of AI may have legal and regulatory implications in their respective industries.

4.2 Risks Acknowledgement

Members acknowledge that:

– AI may provide inaccurate information,

– AI may create content that infringes upon someone else’s copyright,

– AI may create illegal content,

– The training and knowledge provided may not be accurate or may become outdated,

– FOMO AI Corp does not guarantee or warrant the performance of any content or strategy generated through the use of the Services.

4.3 Third-party Tools

Members acknowledge that if they choose to use third-party tools in conjunction with the Services, they are bound by the terms and conditions of those third-party providers and are responsible for any associated costs.

Section 6: Data Privacy and Handling

5.1 Data Protection

FOMO AI Corp commits to following best practices concerning the protection of Members’ data. All data handling practices will comply with applicable laws and regulations.

5.2 Member Data Ownership

All output generated by Members through the use of the Services is the sole property of the Members. FOMO AI Corp does not claim any ownership rights to such content.

5.3 Data Usage

FOMO AI Corp may collect and use data as necessary to provide and improve the Services, as outlined in our Privacy Policy.

Section 7: Intellectual Property

6.1 Member Content Ownership

Members retain all ownership rights to the content they generate while using the Services. FOMO AI Corp does not claim any ownership rights to such content.

6.2 FOMO AI Corp Rights

All rights in and to the Services, including any software or content provided by FOMO AI Corp, are owned by or licensed to FOMO AI Corp. Members are granted a limited, non-exclusive, revocable license to use the Services as provided in these terms.

6.3 Copyright Complaints

If any Member or third party believes that their copyright has been infringed upon by content generated through the Services, they may submit a complaint as outlined in our Copyright Complaints Procedure.

Section 8: Third-Party Tools

7.1 Usage of Third-Party Tools

Members may choose to use third-party tools in conjunction with the Services. Members acknowledge that they are bound by the terms and conditions of those third-party providers and are responsible for any associated costs.

7.2 Disclaimers

FOMO AI Corp is not responsible for any issues, liabilities, or damages arising from the use of third-party tools. Members use such tools at their own risk.

7.3 Third-Party Terms

Members are solely responsible for complying with any terms and conditions of third-party tools, and FOMO AI Corp does not assume any liability for the Member’s failure to comply with such terms.

Section 9: Limitation of Liability and Indemnification

8.1 Limitation of Liability

FOMO AI Corp shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from the use of the Services. In no event shall FOMO AI Corp’s total liability for any damages exceed the amount paid by the Member to FOMO AI Corp for the Services during the three (3) months prior to the claim.

8.2 Indemnification

Members agree to indemnify and hold harmless FOMO AI Corp, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (including but not limited to attorneys’ fees) arising out of or relating to their use of the Services, their violation of these terms, or their violation of any rights of a third party.

Section 10: Non-Solicitation

9.1 Non-Solicitation Covenant

(a) During the term of their membership and for a period of [specified period, e.g., two years] following the termination or expiration of their membership with FOMO AI Corp, Members agree not to directly or indirectly solicit, hire, recruit, or attempt to solicit, hire, or recruit, any employee or contractor of FOMO AI Corp, or any of its affiliates, or engage or attempt to engage in any similar conduct with respect to the founders, employees, contractors, or agencies of FOMO AI Corp.

(b) Furthermore, Members are prohibited from inducing or attempting to induce any employee, contractor, or agency of FOMO AI Corp to terminate their employment or contractual relationship with FOMO AI Corp, or to otherwise cease their relationship with FOMO AI Corp.

9.2 Scope and Intent

(a) This non-solicitation agreement is intended to protect FOMO AI Corp’s legitimate business interests in its relationships with its employees, contractors, and business partners.

(b) Members acknowledge that the restrictions contained in this Section 9 are reasonable and necessary to protect the legitimate interests of FOMO AI Corp and that any violation of these restrictions would result in irreparable harm to FOMO AI Corp.

9.3 Enforcement

In the event of a breach or threatened breach by a Member of the provisions of this Section, FOMO AI Corp shall be entitled to an injunction restraining the Member from violating or continuing to violate these provisions. This right to injunctive relief shall be cumulative and in addition to any other remedies available to FOMO AI Corp.

Section 11: Community Guidelines

10.1 Respectful Interaction

Members are expected to interact with others in the Community in a respectful and constructive manner. Abusive behavior, harassment, or any form of disrespectful conduct is strictly prohibited.

10.2 Moderation

FOMO AI Corp reserves the right to moderate the Community, including the removal of any content or the suspension or termination of a Member’s access to the Community for any reason, at its sole discretion.

10.3 Reporting

Members are encouraged to report any behavior that violates these guidelines to FOMO AI Corp, ensuring a safe and conducive environment for all Members.

Section 12: Termination

11.1 Termination by Member

Members may terminate their membership at any time. However, any setup fees paid are non-refundable.

11.2 Termination by FOMO AI Corp

FOMO AI Corp reserves the right to terminate a Member’s access to the Services for any reason, at any time, without notice.

11.3 Effects of Termination

Upon termination, all rights and licenses granted to Members under these terms will cease immediately, and Members must cease all use of the Services.

11.4 Refunds

We do NOT provide refunds for any Services or SaaS tools for any reason. All sales are final.

 

Section 13: Dispute Resolution

12.1 Governing Law

These terms and any dispute arising out of or in connection with these terms shall be governed by the laws of the state of Colorado, USA.

12.2 Jurisdiction

Any disputes arising out of or relating to the Services or these terms shall be resolved in the courts of Denver, Colorado, which will have exclusive jurisdiction.

 

Section 14: Acceptance of Terms

13.1 Agreement to Terms By creating an account, using the Services, or signing up through any platform or document affiliated with FOMO AI Corp, members expressly acknowledge and agree to be bound by these Terms and Conditions, as updated from time to time.

13.2 Electronic Agreement Members understand and agree that clicking on a checkbox or button indicating acceptance of these terms, or completing a sign-up process on a third-party platform that references these terms, constitutes an electronic signature which has the same legal effect as a handwritten signature, indicating agreement to the terms herein.

13.3 Continued Use Continued use of the Services following any updates to these terms constitutes acceptance of those updated terms.

Section 15: Miscellaneous

14.1 Amendments

FOMO AI Corp reserves the right to modify these terms at any time. Members will be notified of any significant changes and continued use of the Services will constitute acceptance of the modified terms.

14.2 Severability

If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.3 Entire Agreement

These terms constitute the entire agreement between Members and FOMO AI Corp, superseding any prior agreements or understandings regarding the use of the Services.

14.4 Contact

For any questions or concerns regarding these terms, Members may contact FOMO AI Corp at dax@fomo.ai