FOMO is a data-powered perp trading app built on real-time analysis of top-performing traders across Hyperliquid and other DEXs.
We only win when you win.
FOMO is a data-powered perp trading app built on real-time analysis of top-performing traders across Hyperliquid and other DEXs.
We only win when you win.
Last Updated: June 3, 2025
Version: 1.0
Application. These Terms govern your access to and use of the App, Communication Channels, and Materials. Please read these Terms carefully as they affect your obligations and legal rights.
Acceptance. By accessing, using, or otherwise interacting with the App, or by accepting these Terms, including by clicking a checkbox referencing these Terms, you confirm that you have read, understood, and agree to these legally binding Terms in full without modifications or reservations. If you do not agree, you must immediately stop using the App. If you are acting on behalf of an entity, you confirm that you are authorised to accept and agree to these Terms on both its behalf and your own.
Disclaimers. Note that Section 16 Applicable Law and Dispute Resolution contains provisions governing the choice of law, arbitration terms, and class action waiver. Please read and review Sections 13, 14, 15 Important Disclaimers, Limitation of Liability, and Indemnification carefully before accepting these Terms as they provide for the limitation of liability, your obligations to indemnify us and Fomo App Parties, and contain disclaimer of warranties concerning the App.
Personal Data. Your personal data is processed in accordance with the Fomo App Privacy Notice, which is made available to you within the App.
Risk Disclosure Statement. By agreeing to these Terms, you acknowledge and accept the risks set out in the Risk Disclosure Statement, which are not exhaustive nor presented in any specific order of priority. You understand that any of these risks may result in damages or complete loss of your assets, and you are solely responsible for that. You must not use the App if you cannot accept these risks.
Modification. These Terms may be modified, supplemented, or updated from time to time without your consent or prior notice. In this case, the “Last Updated” date and version number at the top of these Terms will be updated accordingly. The updated Terms will automatically replace and supersede the previous version upon publication, taking immediate effect. By continuing to use the App, you confirm your acceptance of the updated Terms. It is your responsibility to review these Terms regularly to stay informed of any changes. If you do not agree to the amended Terms, you must immediately stop accessing or using the App.
Interpretation. Capitalised terms used herein and rules of interpretation are defined in the Section 18 Interpretation.
Eligibility Criteria. To be eligible to access and use the App, you must: (i) be capable of entering into a legally binding agreement; (ii) not be a Prohibited Person or acting on its behalf; (iii) be at least 18 years old or of legal age (age of majority) in your jurisdiction; (iv) not be a Consumer; (v) if representing an entity, have proper authorisation and confirm the entity is properly existing; and (vi) fully comply with these Terms. If you do not meet these criteria, you must not use the App until you do.
No Consumer Access or Protections. The App is intended exclusively for use by professionals, experts, or traders, and is not provided to Consumers. By using the App, you confirm and acknowledge that you are not acting as a Consumer nor do you qualify as a Consumer when using the App, and that you have sufficient understanding of provided functionality and associated risks. Accordingly, to the maximum extent permitted by applicable law, you acknowledge that consumer protection rights and remedies do not apply to your use of the App or any of its components.
Nature of the App. The App may, from time to time, be made available either as a web-based interface or as a so-called ‘Telegram mini-app’. The App functions solely as a technical and administrative user interface that enables you to interact with the Third-Party Services, including Hyperliquid, a decentralised, permissionless layer-1 blockchain network. We do not operate, control, influence, or have any affiliation with the Third-Party Services, including Hyperliquid. We are not involved in the execution, processing, or settlement of any transactions carried out on the Third-Party Services, including Hyperliquid. While the App interacts with the Third-Party Services, including Hyperliquid, the App does not form a part thereof and is a separate, independent service. Our role is strictly limited to providing and maintaining the App as an interface; we do not act as a broker, intermediary, trading venue, agent, processor, or any other representative on your behalf. The App is not a regulated or licensed service provider and is not supervised or authorised by any governmental, regulatory, or supervisory authority.
Non-Party Status. The App is not involved in any transactions you conduct with the Virtual Assets. All legal relationships and obligations for such transactions exist solely between you and the corresponding counterparties via the Third-Party Services. We do not act as a party or intermediary to these transactions and accept no responsibility or liability for any disputes that may arise in connection therewith. Such disputes must be resolved directly between you and the respective counterparties.
Third-Party Information. Certain Materials may be automatically sourced from the Third-Party Services, and we do not verify, validate, or confirm the accuracy, completeness, reliability, or timeliness of such information. Accordingly, we make no representations or warranties with respect to such Materials and cannot guarantee the availability or accuracy of any specific data.
No Endorsement. The inclusion of any particular feature, data point, or service within the App does not constitute our endorsement, recommendation, or approval of that feature or the associated Third-Party Service. Nor does it imply that we have reviewed, audited, or assessed the relevant Third-Party Service. By interacting with such services via the App, you agree to the automatic execution of transactions in accordance with the configurations and parameters embedded in those Third-Party Services.
Conflicts. In the event of any conflict between these Terms and the operational logic of a Third-Party Service, these Terms shall govern for the purposes of legal interpretation and dispute resolution, while the terms and mechanics embedded in the relevant Third-Party Service shall govern the execution and settlement of transactions involving Virtual Assets.
Updates and Availability. The App, including its features, services, technical infrastructure, software, security protocols and technical configurations, may be updated or modified at any time without prior notice. The App or its components may also become inaccessible or inoperable due to various reasons, including maintenance, updates, disruptions, cyberattacks, technical issues, Force Majeure Circumstances, unavailability of Third-Party Services. Access may also be limited, suspended, or restricted with immediate effect and without notification and liability, regardless of reason, including if you violate these Terms or applicable laws, create legal exposure for us or Affiliates, or are identified as a Prohibited Person or act on their behalf. The App may integrate software, solutions, or tools to identify Prohibited Persons or users violating these Terms or laws. You must comply with all limitations outlined in these Terms and not attempt to circumvent or bypass them.
No Endorsements of Third-Party Services. We make no express or implied warranties regarding any Third-Party Service, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement, all of which are hereby expressly disclaimed and denied. The inclusion of any particular feature, data point, or service within the App does not constitute our endorsement, recommendation, or approval of that feature or the associated Third-Party Service, nor does it imply that we have reviewed, audited, or assessed the relevant Third-Party Service. A Third-Party Service may be modified, pivoted, forked, suspended, or abandoned at any time without notice. You acknowledge that Third-Party Services may not meet expectations, may lack intended functionality, have a developed market, or any value at all. It is solely your responsibility to conduct your own thorough due diligence and research before using, contributing to, or engaging with any Third-Party Service.
Non-Exclusive Interface. The App is one of many user interfaces through which users may interact with the Third-Party Services. We do not operate, control, or maintain any of the Third-Party Services, nor do we have any affiliation with other user interfaces that may provide similar access. Our role is limited to providing the App as a user interface; we are not responsible for, and do not participate in, the operation, execution, or governance of any underlying Third-Party Services.
Transactions. The Third-Party Services may enable trading of Virtual Assets. The App may display only an indicative or estimated price for such transactions; however, the actual execution parameters, including final price, timing, and outcome, are determined solely by the respective Third-Party Service and are beyond our control. We provide no warranty or assurance that the price or transaction will be suitable for you, that the transaction will be executed at all, or that the quoted prices or terms will be accurate, as these factors are beyond our control and determined by the Third-Party Services. Once your transaction is executed, it is transmitted to the blockchain and becomes final and irreversible; as such, it cannot be cancelled.
Third-Party Services. We do not control or operate any Third-Party Services nor do we control or operate blockchain networks or any software through which those services are formed or operate. The performance, integrity, and availability of the App may be adversely affected by any malfunction, failure, or abandonment of the underlying Third-Party Services. You are solely responsible for independently assessing the risks associated with using such Third-Party Services, and any use thereof is entirely at your own risk and discretion.
Copytrading. You may be able to use the copytrading or similar functionality, allowing your transactions to be executed automatically based on another person’s trading activity. Copytrading is a high-risk and speculative activity and should only be used with funds you can afford to lose. If enabled, copytrading will execute transactions automatically according to the parameters and authorisation you have configured. You may deactivate this functionality at any time. All transactions executed via copytrading shall be deemed authorised and initiated by you, and you remain solely responsible for their outcome. Any keys, credentials, wallets, or authorisations used to enable or interact with copytrading shall remain fully self-custodied and under your sole control at all times. We do not access, manage, or control your account, Wallet, credentials, or Virtual Assets when you activate copytrading functionality. We provide no assurance that any copied trade will be executed at the same price, volume, or timing as the trade of the lead trader (the person whose transaction you are copying). Any information available about lead traders may be incomplete, inaccurate, or misleading, and such individuals may be unqualified, unreliable, or even engaged in unlawful conduct such as fraud. Past performance does not guarantee or predict future results. You must conduct your own independent evaluation before selecting or relying on any lead trader or strategy. We reserve the right to suspend or disable access to copytrading functionality at any time, with or without notice, and without any liability. We make no warranties, express or implied, regarding the suitability, competence, or performance of any trader or strategy available via the copytrading functionality.
Perpetuals. Entering into perpetual contracts involves significant trading risks. These contracts are typically leveraged, meaning you may only post a portion of the contract’s notional value as collateral, exposing you to the possibility of amplified losses. In adverse market conditions, you may be required to post additional collateral to maintain your position or risk forced liquidation by the applicable Third-Party Service. Losses may exceed your initial collateral and include margin posted, and you may lose your entire deposit. You understand and agree that all collateral and margin may be forfeited by the respective Third-Party Service in accordance with their liquidation mechanisms and that we have no control over such processes.
Intended Software Logic. You must interact with the App, relevant Third-Party Services, and any underlying blockchain software only in accordance with their intended operational logic. Bugs, flaws in logic, and other vulnerabilities are not part of their intended operation. Exploiting bugs, flaws, or vulnerabilities in the App, Third-Party Services or associated software, regardless of purposes or circumstances, shall be strictly prohibited. Any such actions shall render relevant transactions void ab initio and may be treated as criminal or other offences under applicable law. Funds acquired through violation of the intended logic of the App, Third-Party Services or their underlying software, taking advantage of flaws, bugs, errors, or vulnerabilities therein shall be deemed unlawfully obtained, and may be further subject to forfeiture under applicable law or other adverse consequences.
General. You are responsible for ensuring that all your User Instructions are complete and accurate. We are not obligated to verify their correctness, accuracy, authenticity, or validity, nor will we be obligated to monitor or reject them for any reason, even if they appear to be duplicates. However, we may or the App may automatically reject your User Instructions if they violate its intended logic, or if there are doubts about their accuracy, authenticity, or validity. In such cases, you may be required to take further actions regarding the relevant User Instruction.
Submission. By submitting a User Instruction, you initiate the corresponding transaction, which may result in transferring to or deducting Virtual Assets from your Wallet in accordance with your User Instruction. If your Wallet has insufficient Virtual Assets to complete the transaction, including covering applicable Third-Party Costs, the transaction will not be processed, and the User Instruction may be rejected. User Instructions are irrevocable; once submitted, you have no right to rescind or withdraw them. We make no guarantees that any User Instruction or associated transaction will be completed successfully, within a specific timeframe, or at all.
Security. You acknowledge that User Instructions transmitted via the App are generally sent over the internet and may pass through public, transnational networks that are not specifically secured. We cannot guarantee complete protection against unauthorised access, and you accept the associated risks.
Records. We shall have the right to maintain records of all User Instructions and associated transaction data to ensure the security of the App and its users, including fraud prevention, abuse detection, and compliance with legal obligations, where applicable. Our records of all User Instructions shall be conclusive and binding on you for all purposes.
Accuracy. There is no assurance that any information available within the App, in particular Analytics, will be true, accurate, complete, timely or non-misleading, and you expressly acknowledge and agree that we will be under no obligation to update or fix it. All information within the App is provided strictly on an “as is” basis. You shall solely evaluate all information provided within the App or otherwise provided by us or on our behalf.
Market Indicators. We make no warranties regarding the accuracy, timeliness, or suitability for you or any particular purpose of Buy, Sell or Neutral market indicators. This information is provided through automatic market analysis. We make no warranties that our internal algorithms cover all available sources, nor that our sources include the full range of available information. As a result, we cannot ensure the reliability or truthfulness of the information in every instance. Such signals shall never be interpreted by you as investment or financial advice, or any other personalised advice or recommendation. That market indicators have not been selected specifically for you, nor were they tailored according to your individual risk tolerance level or personal circumstances. Such signals are generic and, by nature, they cannot exclusively suit your personal situation. Furthermore, you acknowledge that, given the general nature of that information, it is likely that all users of the App will receive the same market indicators.
Verification. All information within the App is provided for general informational purposes only and is not intended to be relied upon for making any decisions, nor should it be regarded as warranties or assurances of any kind. Data may be incomplete, outdated, incorrect, or subject to rapid change. You accept full responsibility for verifying all information before relying on it in any way. Any use of the App in general is done entirely at your own risk. We are not liable for any loss, harm, or damages resulting from your reliance on any data presented within or through the App. Additionally, we shall not be liable for any decision made by you based on the Analytics or other App services.
Third-Party Data Dependence. The App, in particular Analytics, primarily rely on publicly available data, which are sourced from Third-Party Services. These Third-Party Services are essential to the functioning of the App and the accuracy of its services. The App does not independently verify Third-Party Services or the accuracy or completeness of any third-party data. Consequently, if any data provided by Third-Party Services are or become inaccurate, incomplete, or misleading, such deficiencies may affect the reliability of the App. We make no express or implied warranties regarding the correctness, availability, or suitability of any third-party data used for compiling analytical data within the App.
No Advice. No part of the App or these Terms is intended to be, or should be considered, or construed as a business, legal, financial, investment, trading, or any other sort of advice, or advice of a broker regarding any matters to which all or any part of such information relates. Information derived from the App is not intended to serve as a definitive basis for any decision-making. Before making any decision, you should consult your own legal, financial, tax, or other professional advisors regarding any such information.
Forward-Looking Statements. The App, Analytics, and Materials may contain opinions, forecasts, projections, future plans, or other statements about Virtual Assets, Third-Party Services, or their future performance, excluding statements of historical fact. These are considered forward-looking statements based on current expectations and involve risks and uncertainties. There are no warranties that these statements will be accurate, and actual events, results, or outcomes may differ significantly. Do not place undue reliance on such statements. Risks and uncertainties may arise from economic conditions, competition, technical issues, and other factors affecting mentioned persons and the market in general.
Prices and Rates. Information within the App regarding prices, volumes, market capitalisations, odds, or any other amounts may be presented in various currencies. Currency conversions are based on third-party data. As such data may be inaccurate, imprecise, delayed due to high volatility, or vary across different public sources, we hereby disclaim all liability in connection with the depiction of monetary amounts and currency conversion rates within the App.
General. When using the App, you may connect your Wallet to it through one of the compatible third-party solutions, including software wallets. All Wallets or software wallets you use within the App are considered Third-Party Services, and we neither endorse nor shall be held liable or responsible in connection therewith. When using them, you should carefully review their applicable terms and policies. You may disconnect your Wallet from the App at any time.
Telegram Account. Access to the App is provided through your Telegram Account, which is also considered a Third-Party Service. We do not own, operate, control or are affiliated with Telegram and are not responsible for any issues arising from its use. You are solely responsible for maintaining access to your Telegram Account and for reviewing and complying with Telegram’s own terms and policies.
Security. Neither we nor the App have access to or control over your Wallets or Virtual Assets held in them. You must not share your Wallet or Telegram Account credentials or allow others to access them. You are fully responsible for (i) securing your Virtual Assets, Wallets, Telegram Account and associated credentials; (iii) keeping your Wallet and Telegram Account credentials confidential and ensuring their proper use; and (iv) all transactions made through your Telegram Account, Wallets or using credentials thereto will be considered to be made personally by you.
Loss of Access. We do not store any credentials associated with your Wallets or Telegram Account on our side. Since these credentials and other Wallet-related information are not backed up, we cannot restore them if they are lost. Additionally, we cannot restore your Wallet or session if you lose access to your Telegram Account.
Release. We are not liable for any losses or damages, including consequential, incidental, or indirect damages, resulting from the unauthorised use of your Telegram Account and Wallet, except where such unauthorised use results from our gross negligence. This includes cases where you fail to maintain the confidentiality of your Telegram Account and Wallet credentials. To the maximum extent permitted by applicable law, you hereby release and forever discharge the Fomo App Parties from any and all actions, claims, suits, demands, losses, damages, obligations, or liabilities of any kind, whether known or unknown, arising from or related to the above.
Account Suspension or Termination. We have the right to suspend or terminate your Account in whole or in part, at any time at our discretion, with or without notice, and without any liability whatsoever. Before suspending or terminating your Account, we reserve the right to issue a warning to you. The Account may be suspended or terminated for any reason, including if: (i) you are, or we suspect that you are, in breach of these Terms, including by providing false or misleading warranties or representations; (ii) you are, or we suspect that you are, in breach of any applicable laws, regulations, or orders; (iii) you have, or we suspect that you have, in relation to your use or access to the App, violated any our or third-party’s right, for example, failed to perform your obligations or committed fraud; (iv) we detect unauthorised access to your Account or any suspicious activity related to you or your Account; (v) you are subject to a governmental proceeding, criminal investigation, or other pending litigation; or (vi) we are required to do so by a court order or command by a regulatory or government authority, or in accordance with our internal policies and procedures. You may terminate your Account at any time by using the available App functionality or contacting us. Upon termination of your Account, these Terms automatically terminate.
General Terms. We may from time to time introduce and hold the Events, via App or otherwise. The participation in any Event may be subject to certain Conditions. The Events and their Conditions may be changed from time to time at our sole discretion with or without notice. We may also at any time limit, suspend or terminate certain Events or any of their elements, or your participation therein, in whole or in part, with or without prior notice, and without any liability whatsoever. The time to participate in the Events may be limited. If you do not comply with the Conditions within the given period, you shall not receive the Reward.
Referrals. From time to time we may launch and maintain a referral program, during which you may be eligible to receive a certain Reward for referring others to use the App. Our referral campaign shall be deemed an Event. We will credit or allocate the referral Reward to you within a reasonable time upon completion of the registration by the new user you referred. Reward rates are determined by us and are subject to change. We reserve the right to suspend or terminate our referral program (i.e. providing Rewards) at any time, without prejudice to outstanding Rewards that were duly accrued. Accrual and receipt of the Reward is subject to your full compliance with these Terms, as determined by us at our sole and absolute discretion.
Entertainment and No Gambling. The Events are not, and shall not be interpreted as, a gambling activity, lottery, or any other form of regulated betting or gaming under any applicable laws or regulations. Participation in the Events is free of charge. No purchase, payment, or any form of consideration is required to enter or take part in the Events. There is no monetary exchange or wagering involved, and participation is open to all eligible persons. The Events are organised purely for entertainment and are designed to foster engagement, enjoyment, and support within the community. The primary goal of the Events is offering a fun and engaging experience, as well as strengthening and encouraging the community. The Events aim to create an enjoyable journey for participants, promoting camaraderie, excitement, and shared enthusiasm throughout the community.
Participation. By participating in the Event, you acknowledge that you are solely responsible for making your own decisions regarding your involvement. Participation in the Event, including any activities related to receiving, minting or claiming the Reward, is entirely at your own risk. It is your responsibility to seek appropriate professional advice, including legal and tax guidance, before participating. You assume all risks associated with your participation in the Events, including but not limited to any potential losses, damages, or liabilities that may arise. The Fomo App Parties shall not be held liable for any claims or losses in connection with your participation in the Events. The Fomo App Parties do not provide any advice or recommendations concerning participation in the Events or related activities. You are urged to act independently and with full awareness of the associated risks, including those outlined herein.
Points. You may earn certain Points for participating in the Events. The number of Points, how they are calculated, and other details are set by us at our sole discretion and may vary depending on the specific Event. We reserve the right to change, adjust, or cancel the Points or any part of them at any time, with or without notice, and without any liability. To receive Points, you may need to participate in the specific Events and/or meet certain Conditions. If you fail to do so, you will not be eligible to, and shall not receive the respective Points. The Points are non-transferable and are not backed by any physical or other assets, and have no intrinsic value. There is no warranty that you will earn any Points, nor that the Points will meet your expectations or serve any particular purpose. There are also no warranties that the Points will be converted to any asset, including Virtual Assets, as well as that the Points will give you the right to receive a Reward. Participation in any of the Events is entirely at your discretion and may not lead to any desired outcome other than participating in a fun experience.
Rewards. In all cases, the applicable Rewards are determined by us at our sole discretion and may depend on certain conditions or factors, as determined by us in our sole discretion, such as, for example, market conditions, performance of specific Virtual Assets, technical developments, particular economic conditions, and other circumstances. We provide no warranties as to the monetary value or merchantability of any Reward. We may update the Reward terms (amount, distribution terms, etc.) at any time before the end of the Event when the winners are determined. The Rewards accrued will be displayed in the App or through other suitable means.
Reward Transfer. The Rewards may not be delivered immediately after they become due, and may be made available to you on deferred terms. You should follow the instructions available in the App or otherwise made available to you, to review the terms and mechanics of the Rewards allocation. Any Rewards shall be personal and non-transferable before you have received them. Accordingly, you shall not be allowed nor permitted to, and shall not transfer, promise, lend, encumber, pledge, hypothecate, sell, or otherwise dispose of any Rewards until their receipt.
Ownership Transfer. The ownership, title, interests, and rights in the Reward transfer to you once the Reward is received to the designated Wallet or account.
Violation. If we believe that you have violated these Terms while participating in the Events or using the App, we may immediately suspend or terminate your participation. We may also refuse to transfer any Rewards due to you and keep them as compensation for your violation. In this case, our obligations to transfer and deliver the Rewards will end immediately.
Termination or Suspension. Any Event or Reward, as well as your participation in them, can be limited, suspended, or terminated at any time, with or without reason, and without notice or liability.
App Fees. Currently, neither we nor the App charge any fees on our behalf. However, we reserve the right to introduce App fees at any time at our sole and absolute discretion.
Third-Party Costs. When conducting transactions within the App, you may incur certain Third-Party Costs. You are solely responsible for these Third-Party Costs, and we bear no liability for them. It is your responsibility to independently verify and review any Third-Party Costs associated with your transactions.
Taxes. You are solely responsible for all current and future Taxes applicable to you that may arise from or relate to the transactions made by you through or in relation to the App. This includes all Taxes imposed, levied, collected, withheld, or assessed by any state or governmental authority. It is your obligation to manage your tax responsibilities, as failure to do so may result in penalties, fines, or other legal consequences.
All Rights Reserved. Except as explicitly provided under these Terms or the applicable law, you do not gain any rights in or to the Intellectual Property, which remains fully owned by its respective rights holders, who may restrict its use at any time. Specific elements of the Intellectual Property are protected under applicable laws, for example: (i) distinctive elements of Third-Party Services may be protected as trademarks, trade dress, copyright, or otherwise, (ii) the Analytics are protected by copyright, database ‘sui generis’ rights, or otherwise, and (iii) the App’s design and branding may be protected by copyright, trademark laws, or otherwise, as applicable. You must not obscure, remove, or alter any marks or notices within the App. You additionally acknowledge that no rights or interests in any trade names, logos, trademarks, service marks, or other brand identifiers displayed within the App are granted to you under the Licence or otherwise under these Terms, and all such rights are expressly reserved by us or the relevant third-party owners.
Licence. Subject to your compliance with these Terms, you are hereby granted the Licence. The Licence will remain effective until it is revoked or these Terms terminate or expire. Any use of the App or the Intellectual Property not expressly permitted under the Licence or applicable law is prohibited.
FOSS Licences. Any items or components of the App distributed under a FOSS Licence, if applicable, are not governed by the Licence granted under these Terms. Such items are provided to you solely under the terms of their respective FOSS Licences. This applies only to components originally distributed under a FOSS Licence and expressly excludes: (i) any items or components developed or modified by us that were not initially released under a FOSS Licence; and (ii) any derivative works generated by us using FOSS-licensed items or components.
Sharing. You may share screenshots from the App only for non-commercial purposes and on an occasional basis. When publishing a screenshot, you must include clear attribution to the App; however, you must not state or imply that your content is endorsed, affiliated or approved by us or Affiliates, or publish any defamatory, disparaging, or otherwise adverse remarks, comments, or statements about us or our Affiliates. We may, at any time and in our absolute discretion, require you to remove any published screenshots immediately.
By accepting these Terms, you make the following representations and warranties, which must remain true, complete, accurate, and non-misleading at the time of acceptance and throughout your use of the App:
a. You have read and understood these Terms, have the authority to accept them, enter into a binding legal agreement with us, and meet the obligations these Terms outline.
b. Acceptance of these Terms will not breach or conflict with any court orders, judgments, or existing agreements or arrangements you are bound by.
c. If you are acting on behalf of an entity, you confirm that the entity is properly incorporated, registered, and in good standing in its jurisdiction. The entity is responsible for any breach of these Terms by you or its employees, unless you are personally liable under the law. Additionally, accepting these Terms must not breach or conflict with the entity’s organisational documents.
d. You are not a Consumer and you acknowledge that the consumer protection laws do not apply to your use of the App or any of its features.
e. Your use of the App will not violate any applicable laws, legal judgments or third party’s rights.
f. You are not a Prohibited Person, nor act on behalf or for the benefit of a Prohibited Person.
g. Your acceptance of these Terms and use of the App is in full compliance with all applicable laws. You will meet all tax obligations related to your use of the App, participation in the Events, any transactions made by you in relation to the App, as well as any acquisition, sale, transfer or other disposal of the Rewards.
h. Any Wallet you use in relation to the App must either be owned by you or used with valid authorisation. All funds or Virtual Assets you use in relation to the App must be owned by you or used with proper authorisation, originate from legitimate sources, and have been lawfully acquired.
i. You have sufficient understanding of the functionality, usage, storage, transmission mechanisms, and complexities related to Virtual Assets, Wallets, blockchain-based software, and distributed ledger technology, including blockchain, in general. You additionally confirm that you have sufficient understanding of the functionality, usage, risks, and features of the trading functionality you select to interact with.
j. You are solely responsible for all and any operations and transactions with Virtual Assets or other funds carried out through or in relation to the App, as well as for their consequences and outcomes.
k. You understand that your use of the App and Materials may not meet your expectations, fit for a particular purpose or be beneficial, profitable or suitable for you, and it is your decision whether to use or interact with it. Any expectations of financial gain or other benefits are solely your own responsibility, and we disclaim any liability for any loss or damage incurred from such expectations.
l. You will carefully evaluate, check, and verify any content made available to you through the App, Communication Channels, or provided otherwise on our behalf, including Materials, before using or relying on it in any way. You will not base any decisions solely on such information.
You must not conduct or participate in any of the following activities, whether directly or indirectly, when using the App:
a. Do not use multiple accounts, automated bots or scripts for accessing and using the App, to create or manage multiple accounts.
b. Do not use the App or any of its services and functionality to develop competing products or services.
c. Do not disrupt, interfere with, or inhibit others from using the App or Third-Party Services. Additionally, you are prohibited from engaging in activities that could disable, impair, or harm the App or Third-Party Services. These activities include uploading, distributing, or transmitting any malware, viruses, malicious code, ‘easter eggs’, watermarks, or other harmful elements.
d. Do not use the App or the Communication Channels for illegal purposes, including money laundering, terrorism financing, theft, fraud, fictitious trading, market manipulation, price manipulation, wash trading, insider and fraudulent trading, exit scam or those that are harmful or detrimental to the Fomo App Parties, Affiliates or others.
e. Do not disrupt or attempt to interfere with ordinary trading or operations, including actions intended to create a false impression of market depth or interest.
f. Do not circumvent or attempt to bypass any access or functionality restrictions or limitations related to the App or Third-Party Services.
g. Do not use any data mining tools, robots, spiders, crawlers, scrapers, or similar automated methods designed to gather, extract, or harvest data from the App or any of its parts.
h. Do not compromise or attempt to compromise the security of the App, including by bypassing technical or access restrictions, exploiting any technical malfunction, glitch, failure, delay, default, or security vulnerability, or engaging in any hacker attack or other similar unauthorised activity.
i. Do not engage in fraudulent activities, such as providing false, inaccurate, or misleading information to unlawfully acquire funds or property from others.
j. Do not use malware, harmful code, or software, engage in hacker attacks, or exploit any technical glitches, malfunctions, failures, delays, defaults, or security breaches in relation to the App, its underlying infrastructure or software, or related Third-Party Services operating with the App.
k. Do not violate any rights of any third person, including intellectual property rights.
l. Unless otherwise permitted by us or applicable law, you shall not (i) modify, adapt, or integrate any part of the App and Analytics into another program or application; (ii) disassemble, decompile, reverse-engineer, or attempt to access the source code, object code, or underlying algorithms of the App or its components; (iii) copy, replicate, download, store, distribute, transfer, broadcast, publish, alter, sell, lease, sublicense, or create derivative works from any part of the Intellectual Property, explicitly including Analytics; and (iv) remove or modify any copyright statements, labels, or licensing information. For clarity, the foregoing shall be without prejudice to your rights under the applicable law, such as the right to use certain public information based on the doctrine of fair use, if and where applicable.
m. Do not act unfairly and contrary to the principle of good faith, nor carry out any other activities that violate any applicable regulations, rules, orders, etc.
No Warranties and Representations. The App, including its services, functionality, components, integrations, underlying infrastructure and software, the Analytics, the Materials, and Events are provided on an “as is” and “as available” basis, and their use is entirely at your own risk. There are no warranties of any kind, express or implied, including but not limited to warranties of title, non-infringement, integration, merchantability, fitness for a particular purpose, or those arising from any course of performance or usage of trade with respect to the App, including its components, integrations, underlying infrastructure and software, all of which are expressly disclaimed and denied. Specifically, there is no assurance that the App, including its components, integrations, underlying infrastructure and software, will function as expected, have any specific functionality, be secure or accessible at any time or location, operate continuously, or be free of defects or errors, nor that any issues will be resolved.
No Advice. No part of these Terms or the App, explicitly including the Analytics and the Materials, is intended to be, or should be considered, or construed as a business, legal, financial, virtual asset, betting, gambling, investment, trading, or any other sort of advice, or advice of an advisor or broker regarding any matters to which all or any part of such information relates. Before making any decision, you should consult your own legal, financial, tax, or other professional advisors regarding any such information.
No Custody. We do not provide nor intend to provide any custodial or similar services, custodial solutions or software, do not act as your agent or representative, and do not control, manage, or custody your Wallet connected to the App or any of your Virtual Assets.
No Offer or Solicitation. No part of these Terms, Communication Channels, Materials, or the App constitutes (i) a prospectus, (ii) offer document, or (iii) an offer, recommendation, or solicitation to buy, sell, or hold investment instruments, securities, stocks, or cryptocurrencies, in any jurisdiction.
No Regulated Services. Nothing in these Terms, Communication Channels, Materials, or within the App shall be interpreted or considered as the provision of financial, virtual asset, legal, investment, tax, brokerage, financial advisory, fund management, or any related intermediation services. You are solely responsible for ensuring that your use of the App and any transactions with the Virtual Assets comply with the applicable laws, regulatory and other requirements..
No Benefits. Using the App does not presume any benefits, financial returns, gains, or positive outcomes. Any expectations of financial gain or other benefits are entirely your responsibility, and we are not liable for any losses or damages resulting from such expectations.
No Fiduciary Relationship. To the fullest extent permitted by applicable law, we owe no fiduciary duties to you under these Terms. However, we must act in accordance with these Terms and the implied contractual covenant of good faith and fair dealing, as required by law.
No Partnership or Agency. These Terms do not create any agency relations, partnership, joint venture, or co-operative entity. We and you have no authority to bind each other or make public statements on each other’s behalf.
Third-Party Services. When using the App, you may encounter and interact with the Third-Party Services. We do not provide any warranties, express or implied, regarding them and do not endorse, recommend, or solicit their use or any interaction with them. Your use of Third-Party Services, as well as any interactions with third parties linked to or from the App, are entirely at your own risk.
Void Transactions. Any Virtual Assets misappropriated or obtained through violations of these Terms or the intended functionality of the App, Third-Party Services, or related software, including interference with smart-contract operations or attacks, are strictly prohibited. Any related transactions will be deemed null and void from the outset (ab initio), and the involved funds may be subject to forfeiture under applicable law.
App Services. There is no assurance that the App services, including the Analytics and trading interface, and any related information will be up-to-date, true, accurate, complete, timely or non-misleading, and you expressly acknowledge and agree that we will be under no obligation to update or fix them. You shall solely evaluate all information provided by us or on our behalf. The App services and any related information may be updated from time to time with or without notice depending on various circumstances, including market conditions, applicable regulation, and governments’ actions.
Damages. Except as excluded herein and subject to the liability cap outlined below, we are liable only for damages that directly arise from breach of our obligations under these Terms or applicable law. Additionally, to the fullest extent permitted by the applicable law, the Fomo App Parties shall not be liable for any consequential, incidental, indirect, or punitive damages, including loss of profits, business opportunities, data, goodwill, diminution of value, or business interruptions, regardless of their legal basis.
No Personal Liability. To the fullest extent permitted by law, in no event shall our or Affiliates’ officers, directors, employees, consultants, and shareholders be held personally liable in connection with these Terms and any transaction contemplated hereunder, provided that the foregoing shall not limit our liability as an entity.
Liability Cap. To the fullest extent permitted by law, the total liability of the Fomo App Parties arising from these Terms, whether in contract, tort, breach of duty, or otherwise, including attorney’s fees, will not exceed the greater of: (i) one hundred (100) U.S. dollars or equivalent, or (ii) the amounts paid by you to us in connection with the App in the six (6) month period preceding this applicable claim, if any, which explicitly excludes the Third-Party Costs.
No Liability. To the fullest extent permitted by law, the Fomo App Parties shall not be liable for any losses or damages, regardless of their legal basis (breach of warranty, contract, negligence, strict liability, or tort), even if advised of the possibility of such losses, arising from or caused by: (i) any acts, activities or omissions of the Third-Party Services, users of the Third-Party Services, App users, or any other third parties that are outside of our direct control; (ii) any decision made by you, including based on the information available within the App, including the Analytics and Materials; (iii) unauthorised use of your Telegram Account and/or Wallet, any credentials thereto or associated Virtual Assets, or your failure to ensure security thereof, provided it does not directly result from our act or omission; (iv) your breach of these Terms or the applicable law; and (v) the Force Majeure Circumstances.
Exclusions. Nothing in these Terms limits liability for gross negligence, fraud, death or personal injury resulting from negligence, or any other liability that cannot be legally limited.
Applicable Law. These Terms, as well as any relationship relating to the App, Communication Channels and any Materials, are governed by the laws of the British Virgin Islands, excluding any conflict of law rules.
Negotiations. You must first contact us to try to resolve any dispute related to these Terms, Materials or the App informally by sending a notice via email at [email for legal inquiries]. If no agreement is reached within thirty (30) days, the dispute may be submitted to the court as outlined below.
Arbitration. If, and only if, a dispute cannot be resolved through the negotiations outlined in the preceding clause, then such dispute shall be referred to and finally resolved by the binding arbitration under the London Court of International Arbitration (LCIA) Rules, which are deemed to be incorporated by reference herein. Any arbitration will occur in Road Town, Tortola, the British Virgin Islands. The number of arbitrators shall be one (1). The language to be used in the arbitral proceedings shall be English. Any and all notices, requests, demands, and other communications which are required or may be given in connection with the arbitration shall be sent in electronic form, either via email or other electronic means including via any electronic filing system operated by the LCIA. Any and all notices, requests, demands, and other communications sent by electronic means shall be treated as having been received by a recipient on the day it is transmitted (such time to be determined by reference to the recipient’s time zone).
Dispute Resolution. If, and only if, for any reason arbitration under the LCIA Rules, as outlined in the preceding clause, cannot be applied or enforced, then you and we agree to submit such a dispute to the exclusive jurisdiction of the British Virgin Islands courts in respect of any claim or matter arising from these Terms and to comply with all requirements necessary to give such court jurisdiction.
Confidentiality. To the fullest extent permitted under applicable law, each party involved must maintain the confidentiality of any litigation and negotiation proceedings, judgments and awards, including, but not limited to, all information gathered, prepared, and presented for purposes related to the disputes.
No Class Actions. To the extent permissible by applicable law, any dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual proceedings, not as part of a class, collective, representative, or private attorney general action or proceeding. You further agree to waive any right for such disputes to be brought, heard, or litigated as a class, collective, representative, or private attorney general action or proceeding, to the extent permissible by applicable law. Combining or consolidating individual litigations into a single litigation is not permitted without our prior consent.
Statutes of Limitation. To the extent permitted by law, any claim related to these Terms, Communication Channels, Materials, and the App must be filed within one year of the event giving rise to the claim. Claims not filed within this period will be permanently barred, meaning neither you nor we can pursue such claims.
Languages. The App, Communication Channels, and Materials may be available in multiple languages for user convenience. Translations into other languages may be generated manually or using automated translation tools. We do not warrant the accuracy, completeness, or contextual reliability of any translated content. In the event of any inconsistency or discrepancy between different language versions of the App, Communication Channels, or Materials, the English version shall prevail. We assume no liability for any misunderstandings, misinterpretations, or decisions made based on translated content. Additionally, where translations from non-English sources are provided, such translations may have been produced using automated tools, and we assume no liability for errors, omissions, or misinterpretations arising therefrom. Only the English version of these Terms, the App, Materials, Communication Channels, and Communications is considered official. The English version shall prevail in case of differences in translation of these Terms, the App, Materials, Communication Channels, or Communications.
Entire Agreement. These Terms and any incorporated documents constitute the entire agreement between you and us, superseding all prior and contemporaneous understandings, writings, or promises related to the subject matter of these Terms. You acknowledge and confirm that you will not rely on and have no remedies in respect of any warranty, statement, promise, assurance, or statement (whether made innocently or negligently) that is not set out in these Terms.
Communications. We will send you Communications concerning these Terms and the App electronically, including through social media channels of our choosing. All such Communications will be deemed valid, in writing, and legally binding, and will be considered delivered to you on the day after they are published or transmitted. You can send us Communications to our contact email address .
Third-Party Beneficiaries. These Terms will benefit the Fomo App Parties, and any of them may rely on and enforce the provisions of these Terms as if they were a party to these Terms. Except in relation to the Fomo App Parties, no person who is not a party to these Terms shall have any right to enforce any of its provisions or rely on any term hereof. Notwithstanding the foregoing, any modification, assignment, novation, or other amendment to these Terms may be made without the consent, approval, or notice to any third party, including any Fomo App Parties.
No Waiver. Our failure or delay in exercising any right or remedy under these Terms or applicable law does not constitute a waiver of that or any other right or remedy. It also does not preclude or limit the further exercise of that or any other right or remedy. Similarly, any single or partial exercise of a right or remedy does not preclude or limit its further exercise or the exercise of any other right or remedy.
Assignability. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations hereunder at any time without your consent.
Validity and Enforceability.. The invalidity or unenforceability of any provision or part-provision of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, all of which shall remain in full force and effect.
Survival. Provisions hereof construed to survive the termination of these Terms shall survive any expiration or termination of these Terms, regardless of reason.
Definitions. In these Terms, unless the context requires otherwise, the terms shall have the following meaning::
“Account” means a user account within the App.
“Affiliate” means a person controlling, controlled by, or under the same control as us.
“Analytics” means the analytical content, graphs, charts, and market indicators available within the App, including information about cryptocurrency prices, market capitalisations, trading volumes, Buy/Sell/Neutral market indicators, and similar analytical content.
“App” means the “FOMO App” Telegram mini app provided by us, which provides interface access to certain trading functionality, Analytics, and other features or services that may be offered from time to time. For the avoidance of doubt, the Analytics, and Events are integral components of the App for the purposes of these Terms, and any reference to the App includes reference to its services and functionalities.
“Communication Channels” means the App and other social media accounts and communication channels belonging to us or Affiliates, as may be linked to in the App from time to time.
“Communications means any communications, notices, and disclosures related to these Terms.
“Conditions” means certain terms, conditions, participation requirements and criteria applicable to the respective Event.
“Consumer” means a consumer, as defined under the applicable law. In case of doubt or ambiguity, a consumer means an individual acting for purposes that are wholly or mainly outside their trade, business, craft, or profession.
“Events” means certain campaigns, airdrops, quests, tasks or other events introduced by us.
“Fomo App Parties” means us, Affiliates, and their respective shareholders, directors, officers, members, employees, agents, advisors, contractors, successors, and assignees.
“Force Majeure Circumstances” means any events beyond our control that interfere with the performance of these Terms, including, without limitation, (i) fire, flood, hostility, pandemic, act of God, explosion, strike; (ii) war, undeclared war, civil war, revolution, riot, act of terrorism, military actions, interventions, and operations; (iii) epidemic, pandemic, insurrection, labour dispute, accident; (iv) sanctions, government actions, embargoes; (v) injunctions, cease and desist orders, restraining or similar orders of, or prohibitions established by a court, governmental or other authorities; (vi) weaknesses, vulnerabilities and bugs in the software, blockchain networks, smart-contracts, Wallets, other technologies integrated or used in connection with the App; (vii) actions, failures to act or inactions of Third-Party Service providers or other third parties, including fraud, loss or theft of funds by such third parties; (viii) system interference or destruction by any malicious programs; and (ix) power failure, equipment or software malfunction or error.
”FOSS Licence” means a free and open-source software licence that allows for editing, modifying, or reusing software’s source code, such as, for example, GPL, Apache and MIT licences.
”Intellectual Property” means any copyrighted content, databases protected under ‘sui generis’ rights, names of services and products, logotypes, trademarks and other marks, trade secrets, inventions, designs, drawings, pictures, animations, works of authorship, etc., which may be demonstrated within the App.
”Licence” means a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal, and temporary right to access and use the App for its intended purposes and in accordance with these Terms, for the duration of these Terms.
“Materials” means any information, statements, announcements, data, content, and other materials provided via the App, Communication Channels, or otherwise communicated by us or on our behalf in relation to the App or other services and products provided or offered by us.
“Prohibited Jurisdiction” means any of the following jurisdictions: Democratic People’s Republic of North Korea, Islamic Republic of Iran, Republic of Cuba, Syrian Arab Republic, Myanmar, Sevastopol and the Crimea Regions of Ukraine, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, United States of America (including its territories: American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands), Bolivarian Republic of Venezuela, the Russian Federation, Republic of Belarus and any other jurisdiction or territory, which is subject to a country-wide or territory-wide sanction imposed by any country, government, or international authority.
“Prohibited Person” means any citizen or resident of, or a person subject to any Prohibited Jurisdiction, or any sanctions administered or enforced by the government of the BVI, UK, USA, EU, or an EU member state.
“Reward” means a certain point, benefit, Virtual Assets, or other remuneration allocated and distributed among the users, participating in the respective Events, which may include Points.
“Risk Disclosure Statemen” means the Risk Disclosure Statement attached hereto as Exhibit 1, constituting an integral part of these Terms.
“Taxes” means any income, earnings, capital gains, sales, use, value-added, withholding, export and import and similar taxes, customs duties, charges or payments.
“Telegram Account” means an account in Telegram used to access the App, and create a respective Account within the App.
“Terms” means these Fomo App Terms of Use, together with all agreements and documents incorporated herein by reference, as may be amended from time to time.
“Third-Party Costs” means any costs, fees, or expenses that are charged by third parties or third-party technologies, including, for example, blockchain gas costs, smart-contract fees, as well as other commissions and fees related to or charged by the Third-Party Services.
“Third-Party Services” means any project, product, service, software, technology, or infrastructure that is not developed, provided, or operated by us. This includes smart contract-based trading functionalities, Wallets, Telegram, blockchain networks, decentralised applications, autonomous smart contracts, and similar external systems. For the avoidance of doubt, Third-Party Services explicitly include the Hyperliquid project, Hyperliquid smart contracts, the Hyperliquid blockchain, and any related infrastructure.
“User Instruction” means any instruction, request, or order you submit via the App, including those related to initiating and executing transactions.
“Virtual Assets” means digital cryptographic tokens deployed (implemented) on a public blockchain network, such as, for example, USD Tether (USDT), USD Coin (USDC), and so forth.
“Wallet” means a pair of public and private cryptographic keys which can be used to track ownership of, receive, manage, and spend Virtual Assets on a blockchain network, and which typically has a unique public blockchain address associated with it.
“we”, “us”, “our” means the BVI business company doing business as Fomo App, which is the operator of the App.
“you”, “your” means a person who accepts these Terms. If you are acting on behalf of an entity, “you” and “your” also refer to both you as an individual using the App and the entity you represent.
Rules of Interpretation. Unless the context requires otherwise, references to one gender include all genders; singular includes plural and vice versa; terms like “including”, “in particular”, or “for example” are illustrative and shall not limit the sense of the following words; Section headings do not affect interpretation hereof; these Terms will not be construed to our disadvantage for preparing them.
Last Updated: June 3, 2025
Version: 1.0
Please carefully read this Privacy Notice as it provides you with information about your personal data being processed in connection with your access to and use of the App. This Privacy Notice explains which types of personal data we hold on you, how we collect and process such data, how long we keep it, and so on.
Unless otherwise provided in this Privacy Notice, capitalised terms used in this Privacy Notice have the meaning determined in the Fomo App Terms of Use, which are available within the App (the “Terms”). You should read the Terms carefully as they affect your obligations and legal rights. In this Privacy Notice, “personal data” and “personal information” are synonyms. They refer to any information that identifies or can reasonably identify you, either directly or indirectly.
The BVI business company doing business as Fomo App is the data controller for the data collected under this Privacy Notice, meaning we determine how and why your data is processed. If you have any questions about this Privacy Notice or your data processing, please contact us at: support@onfomo.com
The categories of personal data collected depend on how you interact with us, use the App, and the requirements of the applicable laws. We collect and process the following types of personal data:
When you access or interact with the App, we will automatically receive from Telegram certain information, such as your Telegram user id, public Telegram name, username and profile picture, an IETF language tag of your client language, your premium subscription status and some colour parameters related to your in-app theme.
This includes Wallet addresses, which are public blockchain addresses associated with your Wallet, and associated transaction data, which may include information about transaction ID, amount, status, time and date, etc. While a Wallet address alone does not identify a specific individual, when combined with other data (such as a name, nickname or email address), it may enable identification. As a result, such combined data could be considered personal information. However, since we do not process any additional information, your Wallet Data is typically not personally identifiable for us.
This includes information collected by log files, including internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and the number of clicks.
When using the App or participating in Events, you may provide us with your Social Network Data, which may include your username, profile picture, bio, and other public information associated with your profile in the social media where you connect.
This may include name, contact details, social media account handles, and other data, depending on what information you provide to us. Please do not provide personal data unless it is reasonably necessary or requested by us.
We use your personal data for the purposes described below:
To ensure a smooth and convenient interaction with the App, to enable certain inbuilt features, and to improve the App. The lawful basis for such data processing is the performance of a contract with you to ensure operation of the App and our legitimate interest to improve the App.
We use the Wallet Data to ensure the App operation, to enable you to use the App functionality, and to analyse App usage, to let you participate in the Events, and improve its functionality, prevent and detect fraud or abuse, as well as safeguard the security of the App and its users. The lawful basis for such data processing is (i) the performance of a contract with you; (ii) our legal obligation to comply with the applicable laws with respect to the financial, accounting, and tax purposes; and (iii) our legitimate interest in analysing usage, improving functionality, ensuring the App’s and its users’ security, and to host the Events.
To provide you with the App services, and to enhance the user experience by improving the App functionality, usability, user flow, and interface. The lawful basis for such data processing is the performance of a contract with you to ensure operation of the App and our legitimate interest to improve the App operation.
To enable your participation in our social media accounts, to join Events, or to access and use the features of the App. The lawful basis for such data processing is performance of a contract with you and our legitimate interest to achieve the above purposes.
To respond to your inquiry. The lawful basis for such data processing is our legitimate interest to respond to your inquiry.
As a general rule, your personal data is kept as long as it is necessary for the purposes it was collected. It may be retained longer if required to meet our legal obligations, in relation to legal proceedings, or to protect our rights and legitimate interests or those of third parties. The default storage periods are as follows:
For one (1) year from your last interaction with the App. We set this retention period due to the statutes of limitations established in the Terms.
We do not set a retention period for Wallet Data that is not personal, and we are not able to identify any particular individual with such Wallet Data. If Wallet Data becomes identifiable, it will be retained for six (6) years after the completion of the transaction to which such data relates. Note that due to the nature of a blockchain, the Wallet Data may be stored permanently on the applicable blockchain, not by us, and may be accessed and viewed by any person at any time. Please consider the features of the blockchain data processing outlined in this Privacy Notice below.
Until the browsing session from your respective device expires. Generally, anonymised data is stored permanently to analyse the App use.
As long as you use the App, participate in an Event, or engage with our social media accounts, and for one (1) year after your last interaction with the App, Events, or our social media accounts.
For one (1) year from the last date when you contacted us regarding the same matter. We set this retention period due to the statutes of limitations established in the Terms.
We do not sell or rent out your data. We may share it in line with this Privacy Notice, applicable laws, the Terms, or with your consent. Appropriate measures will be taken to protect your data during such transfers.
Given the purposes outlined above, your personal information is shared with the following categories of recipients: (i) Affiliates; (ii) marketing, support, and technical teams; (iii) other users of the App (note that certain data may be publicly available to other users); (iv) social networks and users of such social networks; (v) analytical solution providers; (vi) hosting service providers; (vii) government authorities, upon their request or if necessary to comply with our legal obligations; (viii) another entity if we sell or otherwise transfer the App or its parts; (ix) operators of the Third-Party Services; and (x) other third-party solutions, which may be from time to time integrated in relation to the App.
When we transfer your personal data outside of the BVI, we will use commercially reasonable efforts to ensure that such data is protected by appropriate safeguards consistent with applicable data protection laws. Where your personal data is transferred to a jurisdiction that does not offer an adequate level of data protection and no appropriate safeguards are in place, you expressly consent to such transfer, acknowledging the potential risks associated with the absence of such protections.
Certain data, such as wallet address and relevant blockchain transactions, may interact with public and decentralised blockchains that work autonomously. “Decentralised” means no one controls or operates the blockchain. “Public” means anyone can access blockchain data, and this access cannot be restricted. By design, blockchain records are permanent and cannot be changed or deleted. Transactions are also irreversible, which may limit your ability to exercise certain data protection rights. Since information that was entered in a blockchain becomes publicly available, we cannot control or manage access to it. The decision to use blockchain or carry out any transactions is entirely up to you.
Automated decision-making is the process of making a decision by automated means without any human influence on the outcomes. We do not make any automated decisions based on your personal data. If we intend to process your personal data by any automated means, we will do our best to inform you about the same prior to such processing.
Verification. In case you wish to exercise your data subject rights, we may request certain information from you to verify your identity and confirm that you are entitled to exercise such rights.
Blockchain Data Processing. Please note that when interacting with blockchain networks, you may not be able to fully exercise certain rights under applicable data protection laws regarding your blockchain transactions. For example, we may be unable to delete, correct, or restrict your data available on a public blockchain, such as wallet address and processed transactions. For more details, refer to the “Features of Blockchain Data Processing” section of this Privacy Notice.
Data Subject Rights. According to the applicable legislation, you may have the following rights:
a. You can request to see if we process your personal data. If we do, you can ask for details about the processing and a copy of the data to verify its accuracy and legality.
b. You can request to correct or complete any incomplete or inaccurate data. We may need to verify the accuracy of the new information you provide.
c. You can request the deletion of your personal data if we no longer need it, you have successfully objected to processing, we processed it unlawfully, or we must erase it to comply with the law. We may not always be able to fulfil your request due to legal or technical reasons, which will be explained in our response.
d. You can object to the processing of your data if it does not comply with applicable laws. We may, however, show that we have compelling legitimate grounds for processing that override your rights.
e. You can ask us to suspend processing your data if: (i) you need to verify its accuracy, (ii) it is used unlawfully, but you do not want it deleted, (iii) you need it to establish, exercise, or defend legal claims, or (iv) you have objected to its use, and we need to verify if we have overriding grounds.
f. You can request your personal data be transferred to you or a third party in a structured, commonly used, machine-readable format. This right applies only to automated data processed based on your consent or performance of contract.
g. You can withdraw your consent at any time if we are processing your data based on your consent.
h. You can request a human review of decisions made solely based on automated processing, including profiling, if such decisions impact your rights.
i. You can file a complaint with a competent supervisory authority if we violate your rights or legal obligations.
The App may include links and social media plugins to third-party websites and applications. Clicking on them may allow third parties to collect or share your data. We do not control or endorse these third parties and are not responsible for their privacy practices. You should review the privacy policies of any external websites or apps you visit.
The App is not intended for children under 18 years (or older if local laws set a higher age). We do not knowingly collect or use personal data from children. If we learn that a child has provided us with personal information, it will be promptly deleted. Parents or guardians who believe their child’s data has been collected should contact us.
This Privacy Notice is under regular review, and may be updated at any time. If any changes to this document are made, we will change the “Last Updated” date and version number at the top of this Privacy Notice. Please review this Privacy Notice to check for the updates.