Terms and Conditions

By registering to open an account with FomoFi, you are entering into a legally binding agreement with us. These Terms will govern your use of the FomoFi platform and guide you on how these Terms may be changed or terminated and what to do if there is a problem.

You must read these Terms, together with the following documents available on our website:

• Privacy Policy & Cookie Policy : These documents set out the terms on which we process any personal data we collect about you, or that you provide to us.
• Risk Warning Policy : This sets out important information on the risks that can arise when you invest in Digital Assets.

To be eligible to register on FomoFi, you must:

• Be an individual, legal person, with the full power, authority and capacity to: access and use FomoFi; and enter into and comply with your obligations under these Terms.
• Be at least 18 years old.
• Have the authority to act on behalf of a legal entity, and enter into these Terms on their behalf.
• Not have been previously suspended or removed from FomoFi.
• Not be a Restricted Person.
• Do not have an existing account on FomoFi.
• Not be located, incorporated, or established in, resident or citizen of, a country where it would be illegal under Applicable Law for you to use FomoFi.

You can contact us by using the information provided on our website. If you have questions, feedback or complaints you can contact us via our Customer Support team through our website www.fomofi.net.

We will contact you using the details you have provided to us. This may include contacting you by email, SMS or telephone. It is important that you ensure that your contact details are correct and up to date. If your contact details change, you must let us know immediately. If you do not, we will not be responsible if you do not receive information, notices or other important information from us.

• You must create and maintain an Account in order to access our products and services.
• All Accounts are provided at our absolute discretion. We reserve the right to refuse any application without reason or to limit the number of Accounts that you may hold.
• By registering on FomoFi you agree that you will use your Account only for yourself, and not on behalf of any third party, unless you have obtained our prior written consent to do so.
• You are fully responsible for all activity that occurs under your FomoFi Account.
• You will have to comply with our identity verification procedures to complete your registration and access our Products and Services.
• All information that you provide about yourself must be complete, accurate and truthful.
• You must update your personal information whenever it changes.
• You agree not to use FomoFi for any unlawful purpose or in violation of any applicable laws.
• You will not use your FomoFi account to engage in fraudulent activities.
• You authorise us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity.
• We may also require you to comply with our enhanced due diligence procedures.

We may require any information from you at any time for the purposes of complying with any Applicable Law, identity verification requirements, or in connection with the detection of money laundering, terrorist financing, fraud, or any other financial crime, or for any other valid reason.

You agree to provide us with any such information we request and permit us to keep a record of the information for as long as it is required to fulfil their intended purposes, or such other period as prescribed by Applicable Law.

If there is a reasonable suspicion that any information provided by you is wrong, untruthful, outdated, or incomplete, we may send you a notice to request corrections, remove relevant information, or do such other things that we consider necessary to ensure that the information provided by you is true and correct.

You must comply with any information request we send to you. Failure to provide the requested information in a timely manner may result in suspension or termination of your access to your Account, or to all or part of our Platform immediately, without notice.

You confirm that to access your Account you have the necessary equipment (such as a computer or smartphone) and access to the internet.

You are only permitted to access your Account by using the IDs we provide to you. We may require multi-factor authentication to keep your Account safe and secure.

You must ensure that your account will not be used by any person other than yourself.

You can access your account information, details and summary of your daily profits, bonuses and other rewards as applicable from your profile Dashboard, after signing into your account.

You must review all of your Account transactions carefully and let us know if you see any entries that you do not recognise or you think are incorrect within fourteen (14) calendar days of the date of that transaction.

We may rectify any error in your Account at any time, and reserve the right to void, cancel or reverse any Transaction involving or deriving from an error or to amend the details of such Transaction to reflect what we reasonably consider to be the correct or fair details of such a Transaction.

You must ensure that any Instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction and will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates. However, if we are in doubt as to the accuracy, authenticity or validity of an Instruction, we may refuse to act upon or defer acting upon any Instruction, or seek further information with respect to the Instruction.

Instructions are irrevocable and therefore once an Instruction has been submitted, you have no right to rescind or withdraw it without our written consent. Your Instruction is not deemed to be received by us until it has been received by our server. Our record of all Instructions will be conclusive and binding on you for all purposes.

Your FomoFi Account may be subject to limits on the amount, volume, or duration of Transactions you may undertake in connection with your Account.

Any applicable limits are shown in your Account, for example: Withdrawals can only be made every 24 hours for each subscribed package.

We reserve the right to change any Transaction limit that applies to your Account at any time at our absolute discretion.

• FomoFi is only available in connection with Limited Supported Digital Assets, which may change from time to time.
• We assume no liability in connection with any attempt to use your FomoFi Account for Digital Assets that we do not support.
• If you send unsupported Digital Assets to your FomoFi Account, then you will lose those Digital Assets.
• FomoFi does not take responsibility for recovery of Digital Assets lost because you entered an incorrect wallet address or transfer network.
• We can provide no assurances about the security, functionality or supply of any Digital Asset, or cryptocurrency.

You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material.

You acknowledge that you have read, understood and agree with our Privacy Notice and Cookie Policy.

Changes to these Terms will be published on our website and may also notify users separately by email, through the app or by such other means as we determine fit in our discretion.

Save where changes come into effect immediately, any update to the Terms will come into effect after the changes have been notified to users. If you do not wish to accept the changes, you are free to close your Account. Your continued use of any of our Platform will be deemed acceptance of the updated Terms.

You have the right to close your FomoFi Account at any time you like. To terminate your Account at any time you need to send us a written request on our official email address support@fomofi.net.

When you close your account you can only withdraw your initial investment and not your locked coins.

In the event that you fail to withdraw your Digital Assets, or if you have not accessed your Account for a continuous period of 90 days, we will send you notice of our intention to treat your account as dormant.

We may at any time modify or discontinue, temporarily or permanently, any portion or feature of our products and services for any reason including, but not limited to where:

• you are not, or are no longer, eligible to use one or more of our products or services;
• we reasonably suspect that the person logged into your Account is not you;
• information provided by you is wrong, untruthful, outdated, or incomplete;
• you have breached these Terms or any Product Terms;
• we are reasonably required to do so by Applicable Law; or
• there is any other valid reason which means we need to do so.

The FomoFi IP shall remain vested in FomoFi.

We grant you a non-exclusive, limited licence to use FomoFi's intellectual property solely as needed to access and use the FomoFi services for your personal or internal business purposes.

Any intellectual property (IP) created in connection with your use of FomoFi services ("Created IP") will automatically belong to us from the moment it is created.

By opening an Account with us, you agree that you will not:

• use our Platform or breach these Terms;
• engage in fraudulent activities;
• use any deep linking, web crawlers, bots, spiders or other automatic devices;
• attempt to access any part or function of the Platform without authorisation;
• probe, scan or test the vulnerabilities of our Platform;
• use any devices, software or routine programs to interfere with the normal operation;
• forge headers, impersonate, or otherwise manipulate identification;
• modify or adapt the whole or any part of the Platform;
• facilitate any viruses, Trojan horses, worms or other computer programming routines;
• use an anonymizing proxy;
• create, or purport to create, any security over any Digital Assets; or
• violate any Applicable Law or intellectual property rights.

You hereby represent and warrant to us, at all times, the following:

• all documents and information you provide to us are true, accurate, complete, and up to date;
• all decisions made in connection with these Terms were solely and exclusively based on your own judgement;
• you have full power, authority, and capacity to access and use our Platform and our Services;
• these Terms constitute valid and legally binding obligations, enforceable against you;
• that you are not a Restricted Person; and
• you are not less than 18 years old.

FomoFi and any information provided on the Sites and the Platform, including Chat Services, are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law.

We may, from time to time, suspend access to your Account and/or Services, for both scheduled and emergency maintenance. We will make reasonable efforts to ensure that Transactions on the Platform are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing.

You hereby undertake and agree to indemnify us and hold us harmless upon demand from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all claims, liabilities, damages, losses, costs, and expenses arising out of or in any way connected with:

• your access to or use of your Account;
• your breach or alleged breach of these Terms;
• your contravention of any Applicable Law; or
• your violation of the rights of any third party.

FomoFi and its partners will not be responsible for any loss you or others may suffer, unless that loss is directly and solely caused by our serious wrongdoing such as gross negligence, intentional misconduct, fraud, or a major and ongoing breach of these Terms.

Notwithstanding any other clause in these Terms, you hereby acknowledge and agree that in no event will we be responsible or liable to you or any other person or entity for any direct or indirect losses, damages, or costs, whether arising out of or in connection with our Services or otherwise, including but not limited to:

• any risk identified in the Risk Warning Policy;
• the operation of the protocols underlying any Digital Asset;
• any action or inaction in accordance with these Terms;
• any inaccuracy, defect or omission of Digital Assets price data;
• regular or unscheduled maintenance we carry out;
• the theft of a device enabled to access and use our Services;
• other users' actions, omissions or breaches of these Terms;
• for any damage or interruptions caused by any computer viruses;
• in the event that your hardware fails, is damaged or destroyed; or
• for your use of the internet to connect to the our Services.

For the avoidance of doubt, nothing in this section will deprive you of any mandatory legal right from which you benefit under Applicable Law.

Please contact FomoFi first if you have any concerns with the Services. We want to address your concerns without resorting to formal legal proceedings, if possible.

After you have provided the Notice of Claim to FomoFi, the dispute referenced in the Notice of Claim may be submitted by either FomoFi or you to arbitration in accordance with the Agreement to Arbitrate clause in these Terms.

Aside from where Applicable Law requires or provides you with a choice otherwise, you and FomoFi agree that any Claim shall be determined by mandatory final and binding individual (not class) arbitration administered by the London Court of International Arbitration (LCIA).

• The seat of arbitration shall be London, UK.
• The Tribunal shall consist of one (1) arbitrator.
• The language of the arbitration shall be in English.
• Any arbitration against FomoFi must be commenced within 3 months.

You and FomoFi agree that any Claims shall be brought against FomoFi in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such Claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law.