Terms of Use

1. Changes to These Terms

We may update these Terms from time to time. We will post the most current version on the Website and update the "Last Updated" date. If you continue using the Services after changes become effective, you accept the updated Terms.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live) to create an account and purchase a subscription. End users who interact with a customer's widget must be at least 13 years old (or older where required by law). You are responsible for ensuring your use complies with local law.

3. Who You Are Under These Terms

The Services may be used by different categories of users:

• Customer / Account Owner: the individual or entity that creates an account and configures or pays for FomoChat.
• Authorized User: anyone the Customer authorizes to access the dashboard (e.g., teammates).
• End User / Visitor: a person who views or interacts with a FomoChat widget embedded on a Customer's website.

"You" refers to the user of the Services as applicable. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity.

4. Privacy

Our Privacy Notice describes how we collect, use, and share personal data. By using the Services, you acknowledge our Privacy Notice, which is incorporated into these Terms by reference.

5. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly of any unauthorized access or security incident affecting your account.

6. Subscriptions, Fees, Billing, and Limits

6.1 Plans and Fees

Paid plans, pricing, and limits are described on our pricing page and/or within the dashboard (the "Fees"). Fees are billed in advance on a monthly (or other stated) basis and are non-refundable except where required by law.

6.2 Visitor-Based Billing

FomoChat plans are primarily priced based on "Visitors," meaning a unique visitor counted when the FomoChat widget loads on a page (as defined in our pricing and billing specification shown in-product).

6.3 Message Limits (Safety Guardrail)

Plans may include limits on interactive messages for safety and abuse prevention. For billing and limits:

• A message is counted only when a person intentionally sends a chat message and the AI replies.
• Messages shown automatically (including pre-generated or ambient messages) are not counted.

6.4 Auto-Upgrades and Service Interruption

If auto-upgrade is enabled (e.g., a payment method is on file), we may automatically move your subscription to the next plan when you exceed your plan limits to prevent interruption.

If auto-upgrade is not enabled and you exceed your plan limits, we may pause or suspend widget operation until you upgrade or otherwise resolve the limit.

6.5 Taxes

Fees are exclusive of taxes unless stated otherwise. You are responsible for applicable taxes.

7. The $1 Activation (Production Mode)

We may offer an optional one-time activation fee that:

• removes "Powered by FomoChat" branding;
• stores a payment method; and
• enables automatic plan upgrades if you exceed your visitor limit.

Any included usage associated with activation will be described in-product.

8. Customer Content and End User Content

8.1 Definitions

• Customer Content: content you submit to configure your widget or Service settings.
• End User Content: messages or other inputs submitted by End Users through a widget.

Customer Content and End User Content together are "User Content."

8.2 Ownership

You retain ownership of your User Content. We do not claim ownership.

8.3 License to Operate the Services

You grant FomoChat a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and use User Content solely:

• to provide, operate, and improve the Services;
• to generate chat outputs requested through the Services;
• to enforce these Terms and protect the Services.

8.4 Your Responsibilities

You represent and warrant that:

• you have all rights necessary to submit User Content;
• your use of the Services and submission of User Content complies with applicable laws (including privacy, data protection, and consumer laws);
• you will not submit sensitive personal data unless you have a lawful basis to do so and it is appropriate for your use case.

You are responsible for notices and consents required for embedding and operating the widget on your sites.

9. AI Services and Output

9.1 AI Processing

FomoChat uses third-party AI providers to generate certain chat messages and responses. User Content (including End User Content) may be transmitted to those providers for the sole purpose of generating outputs requested by the Services.

9.2 No Professional Advice

AI-generated outputs are provided for informational purposes only and may be inaccurate or incomplete. You are responsible for reviewing outputs before relying on them. FomoChat does not provide legal, medical, financial, or other professional advice.

9.3 Prohibited Use of AI Features

You must not use the Services to generate or distribute content that is unlawful, harmful, infringing, or violates others' rights, including content that is discriminatory, harassing, sexually exploitative, or that facilitates wrongdoing.

10. Acceptable Use and Restrictions

You must not (and must not allow others to):

• misuse the Services, interfere with operation, or attempt to bypass limits or access controls;
• reverse engineer, decompile, or attempt to extract source code (except where prohibited by law);
• scrape, crawl, or harvest data from the Services without our written permission;
• introduce malware or attempt to disrupt networks or systems;
• resell or provide the Services on a service-bureau basis without our written permission;
• use the Services to impersonate others or misrepresent affiliation.

We may suspend or terminate access for violations.

11. Third-Party Services

The Services may integrate with or link to third-party services (e.g., analytics, payment processors, AI providers). Your use of third-party services is governed by their terms. We are not responsible for third-party services.

12. Termination

12.1 By You

You may cancel your subscription through the dashboard. Cancellation takes effect at the end of your current billing period unless otherwise stated.

12.2 By Us

We may suspend or terminate your access to the Services if you materially breach these Terms, if required by law, or to protect the security and integrity of the Services.

12.3 Effect of Termination

After termination, you may lose access to User Content and configuration data. We may retain limited data as described in our Privacy Notice and as required for legal, tax, fraud prevention, or legitimate business purposes.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOMOCHAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted or error-free operation, and we do not guarantee any particular results from use of the Services.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOMOCHAT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOMOCHAT'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO FOMOCHAT FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100 USD IF YOU PAID NOTHING.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnity

You agree to indemnify and hold harmless FomoChat and its affiliates, directors, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• your use of the Services;
• your User Content;
• your violation of these Terms; or
• your violation of any law or third-party rights.

16. Governing Law and Venue

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. You agree to the exclusive jurisdiction of the courts located in British Columbia, Canada.

17. General

• Entire Agreement: These Terms and referenced policies constitute the entire agreement between you and FomoChat regarding the Services.
• Severability: If any provision is unenforceable, the remainder will remain in effect.
• No Waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition, or sale of assets.
• Language: These Terms are provided in English.

18. Contact

Questions about these Terms:

support@fomochat.com