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End User License Agreement (EULA) & Terms of Service

Last updated: September 5, 2025

1. Acceptance of Terms and End User License Agreement

By downloading, installing, accessing, or using the Fomono mobile application ("App"), you ("User" or "You") acknowledge that you have read, understood, and agree to be bound by this End User License Agreement ("EULA") and Terms of Service ("Terms") (collectively, the "Agreement"). If you do not agree to this Agreement, you must not download, install, or use the App.

This Agreement constitutes a legally binding contract between you and Fomono ("Company," "We," "Us," or "Our"). These Terms apply to all users of the App, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

IMPORTANT: By using this App, you expressly acknowledge and agree that you have the legal capacity to enter into this Agreement and that you are at least 13 years of age. If you are under 18, you represent that you have obtained parental or guardian consent to use the App.

2. License Grant and Description of Service

License Grant: Subject to your compliance with this Agreement, Fomono hereby grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal mobile device solely for your personal, non-commercial use.

Service Description: Fomono is a social planning application that allows users to create, manage, and participate in plans and events with friends and connections. The App includes features such as:

  • Plan creation and management
  • Social networking and friend connections
  • Location-based services and discovery
  • Communication and messaging features
  • AI-powered assistance and recommendations
  • User-generated content sharing and collaboration
  • Real-time notifications and updates

License Restrictions: You may not: (a) modify, adapt, alter, translate, or create derivative works of the App; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App; (c) distribute, sublicense, lease, rent, loan, or otherwise transfer the App to any third party; or (d) remove, alter, or obscure any proprietary notices or labels on the App.

3. User Accounts and Registration

To access and use certain features of the App, you must create an account by providing accurate, current, and complete information as prompted by the registration form. You are solely responsible for:

  • Providing accurate, current, and complete information during registration and keeping such information updated
  • Maintaining the confidentiality and security of your account credentials, including passwords and authentication tokens
  • All activities that occur under your account, whether authorized by you or not
  • Notifying us immediately of any unauthorized use of your account or any other breach of security
  • Ensuring that your account information does not violate any third-party rights or applicable laws

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, including but not limited to cases where we believe user conduct violates this Agreement or is harmful to other users, us, or third parties.

4. Acceptable Use Policy and Zero Tolerance for Objectionable Content

General Prohibitions: You agree to use the App only for lawful purposes and in accordance with this Agreement. You agree not to use the App in any way that violates applicable local, state, national, or international laws or regulations.

4.1 Zero Tolerance Policy for Objectionable Content and Abusive Behavior

Fomono maintains a ZERO TOLERANCE policy for objectionable content and abusive users. We are committed to providing a safe, respectful, and inclusive environment for all users. The following behaviors and content are strictly prohibited and will result in immediate account suspension or termination:

Prohibited Content:

  • Hate Speech and Discrimination: Content that promotes, incites, or expresses hatred, violence, or discrimination based on race, ethnicity, nationality, religion, gender, sexual orientation, age, disability, or any other protected characteristic
  • Harassment and Bullying: Content that harasses, intimidates, threatens, or bullies other users, including but not limited to personal attacks, stalking, or persistent unwanted contact
  • Sexual Content: Pornographic, sexually explicit, or sexually suggestive content, including nudity, sexual acts, or sexual solicitation
  • Violence and Graphic Content: Content that depicts, promotes, or glorifies violence, self-harm, suicide, or graphic injury to humans or animals
  • Illegal Activities: Content that promotes, facilitates, or encourages illegal activities, including but not limited to drug use, weapons, fraud, or terrorism
  • Spam and Scams: Unsolicited commercial content, phishing attempts, fraudulent schemes, or misleading information
  • Personal Information: Sharing of personal information of others without consent, including addresses, phone numbers, social security numbers, or financial information
  • Intellectual Property Violations: Content that infringes on copyrights, trademarks, patents, or other intellectual property rights

Prohibited Behavior:

  • Abusive Language: Use of profanity, slurs, or language intended to demean, insult, or offend other users
  • Impersonation: Creating fake accounts or impersonating other users, celebrities, or public figures
  • Manipulation and Gaming: Attempting to manipulate the App's systems, algorithms, or user interactions for personal gain
  • Unauthorized Access: Attempting to gain unauthorized access to the App, other users' accounts, or our systems
  • Disruption: Interfering with or disrupting the App's functionality, servers, or networks
  • Commercial Use: Using the App for commercial purposes without our express written permission

4.2 Enforcement and Consequences

We reserve the right to monitor, review, and moderate all content and user behavior on the App. Violations of this policy may result in:

  • Content Removal: Immediate removal of objectionable content
  • Account Warnings: Formal warnings for first-time or minor violations
  • Account Suspension: Temporary suspension of account access for repeated or serious violations
  • Account Termination: Permanent termination of account and access to the App for severe or repeated violations
  • Legal Action: Referral to law enforcement or legal action for illegal activities

Reporting Violations: Users are encouraged to report violations of this policy through the App's reporting mechanisms or by contacting us directly at the contact information provided in Section 14.

4.3 Content Moderation

We employ both automated systems and human moderators to review and moderate content. While we strive to maintain a safe environment, we cannot guarantee that all objectionable content will be immediately detected or removed. Users are encouraged to report violations and exercise good judgment when interacting with others on the App.

5. User-Generated Content and Intellectual Property Rights

Content Ownership: You retain ownership of all content you create, upload, post, or share through the App ("User Content"). However, by posting, uploading, or sharing User Content through the App, you grant Fomono a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the App and our business operations.

Content License Scope: This license includes the right to:

  • Display, distribute, and perform User Content within the App
  • Modify User Content as necessary to provide App functionality (e.g., resizing images, converting formats)
  • Use User Content for App improvement, analytics, and user experience enhancement
  • Create derivative works for promotional or marketing purposes (with appropriate attribution)
  • Share User Content with other users as intended by the App's social features

Content Responsibilities: You are solely responsible for your User Content and the consequences of posting or sharing it. You represent and warrant that:

  • You own or have the necessary rights to all User Content you post
  • Your User Content does not violate this Agreement, applicable laws, or third-party rights
  • Your User Content does not contain objectionable material as defined in Section 4
  • You have obtained all necessary permissions and releases for any third-party content included in your User Content
  • Your User Content will not cause harm to other users or the App's reputation

Content Monitoring and Removal: We reserve the right to monitor, review, and remove any User Content that violates this Agreement or is otherwise objectionable, in our sole discretion. We may also restrict or terminate your access to the App if you repeatedly post content that violates this Agreement.

DMCA Compliance: If you believe that your copyrighted work has been used in a way that constitutes copyright infringement, please contact us at the address provided in Section 14 with the following information: (a) a description of the copyrighted work; (b) the location of the allegedly infringing material; (c) your contact information; and (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner.

6. Privacy and Data Protection

Privacy Policy: Your privacy is important to us. Please review our Privacy Policy, which is incorporated into this Agreement by reference, to understand our practices regarding the collection, use, and protection of your personal information.

Data Collection and Use: By using the App, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. This may include:

  • Personal information you provide during registration and account setup
  • Content you create, upload, or share through the App
  • Usage data, including how you interact with the App and other users
  • Device information, including device type, operating system, and unique device identifiers
  • Location data, if you choose to enable location services
  • Communication data, including messages and interactions with other users

Data Security: We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

Data Retention: We retain your personal information for as long as necessary to provide the App's services and as required by applicable law. When you delete your account, we will delete or anonymize your personal information, except where we are required to retain it for legal, regulatory, or business purposes.

International Transfers: Your information may be transferred to and processed in countries other than your country of residence. By using the App, you consent to such transfers and processing.

7. Intellectual Property Rights

Company Intellectual Property: The App and its original content, features, and functionality are owned by Fomono and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes, but is not limited to:

  • Software code, algorithms, and technical specifications
  • User interface designs, graphics, and visual elements
  • Brand names, logos, trademarks, and service marks
  • Documentation, help content, and user guides
  • Proprietary algorithms and artificial intelligence systems

License Restrictions: You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of any part of the App without our prior written consent. Any unauthorized use of our intellectual property may result in legal action.

Trademark Usage: "Fomono" and related marks are trademarks of Fomono. You may not use our trademarks without our prior written permission, except as necessary to identify our products or services in accordance with fair use principles.

Third-Party Intellectual Property: The App may contain third-party intellectual property, including open-source software components. Your use of such third-party intellectual property is subject to the applicable third-party licenses.

8. Business Terms and Commercial Use

Personal Use Only: The App is licensed for personal, non-commercial use only. You may not use the App for any commercial purpose without our express written permission.

Prohibited Commercial Activities: Without limiting the foregoing, you may not:

  • Use the App to promote or sell products or services
  • Use the App to generate revenue or profit
  • Use the App for any business or commercial purpose
  • Resell, redistribute, or sublicense access to the App
  • Use the App to collect user data for commercial purposes

Business Partnerships: If you are interested in using the App for business purposes or establishing a commercial partnership, please contact us at the address provided in Section 14.

Fees and Payments: Currently, the App is provided free of charge. We reserve the right to introduce fees, subscriptions, or other charges in the future with appropriate notice to users.

9. Disclaimers and Warranties

No Warranties: THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE APP WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT AVAILABLE THROUGH THE APP

Third-Party Content: We do not warrant or assume any responsibility for any third-party content, services, or websites that may be linked to or accessible through the App. Your use of such third-party content is at your own risk.

Service Availability: We do not guarantee that the App will be available at all times or that it will function without interruption. We may modify, suspend, or discontinue the App or any part thereof at any time without notice.

10. Limitation of Liability

Limitation of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOMONO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITIES
  • PERSONAL INJURY OR PROPERTY DAMAGE
  • EMOTIONAL DISTRESS OR OTHER INTANGIBLE LOSSES
  • DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR DATA

Maximum Liability: IN NO EVENT SHALL FOMONO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Essential Purpose: THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF FOMONO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).

11. Termination and Account Suspension

Termination by Company: We may terminate or suspend your account and access to the App at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include, but are not limited to:

  • Violation of this Agreement or our policies
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Technical or security reasons
  • Discontinuation of the App or material changes to our services

Termination by User: You may terminate your account at any time by contacting us or using the account deletion features within the App.

Effect of Termination: Upon termination:

  • Your right to use the App will cease immediately
  • We may delete your account and associated data
  • You remain liable for any outstanding obligations
  • Provisions of this Agreement that by their nature should survive termination shall remain in effect

Appeal Process: If you believe your account was terminated in error, you may contact us to request a review of the termination decision.

12. Governing Law and Dispute Resolution

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising out of or relating to this Agreement or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and shall take place in San Francisco, California.

Class Action Waiver: You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Fomono individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to prevent the unauthorized use or disclosure of confidential information or intellectual property.

13. Changes to Terms and Notices

Modification Rights: We reserve the right to modify this Agreement at any time. We will notify users of any material changes by:

  • Posting the updated Agreement in the App
  • Updating the "Last updated" date
  • Sending email notifications for significant changes
  • Displaying in-app notifications when you next use the App

Acceptance of Changes: Your continued use of the App after such modifications constitutes acceptance of the updated Agreement. If you do not agree to the changes, you must stop using the App and may terminate your account.

Severability: If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Fomono regarding the use of the App and supersedes all prior agreements and understandings.

14. Contact Information and Support

If you have any questions about this Agreement, need to report violations, or require technical support, please contact us at:

Email: shayan@demoticdesign.com

Response Time: We will make reasonable efforts to respond to your inquiries within 48 hours during business days.

Business Hours: Monday through Friday, 9:00 AM to 5:00 PM Pacific Time