FOMO Logo
Back to Home

Terms of Service

Last Updated: October 7, 2025

1. Agreement to Terms

Welcome to fomo, operated by Touch Grass LLC (d/b/a fomo), a Virginia limited liability company ("Company," "we," "us," or "our").

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Touch Grass LLC governing your access to and use of:

(Collectively referred to as the "Services")

BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. If you do not agree to these Terms, you must not access or use the Services.

Contact Information:
For questions about these Terms, contact us at: contact@spreadfomo.com

2. Eligibility and Age Requirement

2.1 Age Restriction

You must be at least 18 years of age to use the fomo App.

By creating an account, you represent and warrant that:

2.2 Verification

We require you to provide your date of birth during registration. We reserve the right to request additional verification of your age at any time.

2.3 Misrepresentation of Age

Misrepresenting your age is a violation of these Terms. If we discover you are under 18, we will immediately terminate your account and delete your data.

2.4 Parental Responsibility

Parents and guardians are responsible for monitoring their children's use of devices. If you believe a minor has created an account, contact us immediately at contact@spreadfomo.com.

3. Account Registration and Security

3.1 Account Creation

To use the App, you must create an account by providing:

You may also optionally provide an email address and profile photo.

3.2 Account Security

You are responsible for:

You agree not to:

3.3 Account Termination by You

You may delete your account at any time through the App settings. See Section 15 for details on account deletion and data retention.

Waitlist Opt-Out: If you joined the waitlist on our Website but have not created an account, you can opt out by texting STOP to any SMS message from us or emailing contact@spreadfomo.com.

3.4 Account Suspension or Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

3.5 Waitlist Terms (Website Only)

Joining the Waitlist:

SMS Communications:

No Commitment:

TCPA Compliance:
By providing your phone number and clicking "Notify Me," you expressly consent to receive automated SMS text messages from Touch Grass LLC (d/b/a fomo) at the phone number provided. Consent is not a condition of purchase. You can withdraw consent at any time by texting STOP.

4. User Content and Conduct

4.1 User-Generated Content

The App allows you to create, upload, and share content, including:

You retain ownership of your content, but you grant us a license as described in Section 5 below.

4.2 Content Standards and Prohibited Conduct

You agree NOT to post, upload, or share content that:

You agree NOT to:

4.3 Enforcement

We reserve the right (but are not obligated) to:

We do NOT pre-screen user content and are not responsible for content posted by users. See Section 7 for our liability disclaimers.

4.4 Reporting Violations

If you see content or behavior that violates these Terms, you may report it by emailing contact@spreadfomo.com with the following information:

We will review reports and take appropriate action if warranted, but we are not obligated to remove content or respond to every report. We do not provide updates on the status of reports due to privacy considerations.

5. License and Intellectual Property

5.1 License You Grant to Us

By posting content on the App, you grant Touch Grass LLC a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to:

This license continues even after you delete your account, for content that has been shared or distributed prior to deletion.

You represent and warrant that:

5.2 Our Intellectual Property

The fomo App, including its design, features, logos, trademarks, and all underlying software and technology, is owned by Touch Grass LLC and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may NOT:

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes, subject to these Terms.

6. Event Creation and Liability

6.1 User-Created Events

The fomo App allows users to create, host, and attend real-world events. You, as the event creator or attendee, are solely responsible for the events you create, host, or attend.

6.2 Event Creator Responsibilities

If you create or host an event, you agree to:

You are solely responsible for:

6.3 Event Attendee Responsibilities

If you attend an event, you agree to:

You attend events at your own risk. See Section 7.3 for assumption of risk and liability disclaimers.

6.4 Company's Role and Disclaimers

TOUCH GRASS LLC IS NOT AN EVENT ORGANIZER, HOST, OR PARTICIPANT.

We provide the App as a platform for users to create and discover events, but we:

We are not liable for:

6.5 Event Deletion

Event creators may delete their events at any time through the App. Once deleted, the event and all associated data (including photos and attendee lists) will be permanently removed.

We also reserve the right to remove events that violate these Terms without notice.

6.6 Prohibited Events

You may NOT create events that:

7. Disclaimers and Limitations of Liability

7.1 "AS IS" and "AS AVAILABLE" Disclaimer

THE FOMO APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, TOUCH GRASS LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

7.2 No Liability for User Content or Events

WE ARE NOT RESPONSIBLE FOR:

7.3 Assumption of Risk

BY USING THE APP, YOU ACKNOWLEDGE AND AGREE THAT:

7.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOUCH GRASS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

IN NO EVENT SHALL TOUCH GRASS LLC'S TOTAL LIABILITY EXCEED THE GREATER OF:

  1. $100 (One Hundred Dollars), or
  2. The amount you paid us in the 12 months preceding the claim (currently $0, as the App is free)

This limitation applies to all claims, whether based on contract, tort, strict liability, or any other legal theory, even if we were advised of the possibility of such damages.

7.5 Jurisdictions That Do Not Allow Limitations

Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages. In such jurisdictions, the above limitations may not apply to you, but shall apply to the maximum extent permitted by law.

8. Indemnification

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

  1. Your use of the App
  2. Your violation of these Terms
  3. Your violation of any law or regulation
  4. Your violation of any third-party rights (including intellectual property, privacy, or publicity rights)
  5. Events you create, host, or attend
  6. Your user content
  7. Any harm or damage caused by your actions or omissions
  8. Your interactions with other users

This indemnification obligation survives termination of these Terms and your use of the App.

Example: If you create an event where someone is injured and they sue Touch Grass LLC, you agree to pay our legal fees and any damages awarded.

9. Location Data and Privacy

9.1 Location Collection

The App collects and uses your precise location data (GPS coordinates) to provide core features such as:

9.2 Location Sharing Risks

⚠️ IMPORTANT SAFETY WARNING:

By creating events or attending events, you are sharing your precise physical location with other users. This can pose safety risks, including:

  • Revealing your home address or sensitive locations
  • Stalking, harassment, or unwanted contact
  • Physical harm or theft

YOU ACKNOWLEDGE AND ACCEPT THESE RISKS. We are not responsible for any harm resulting from location sharing.

We recommend:

9.3 Third-Party Location Services

Your location data may be shared with third-party services (Radar.io, OpenCage, Apple Maps, Google Maps) to provide App features. See our Privacy Policy for details.

9.4 Privacy Policy

Your use of the App is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy to understand how we collect, use, and share your data.

10. Intellectual Property Infringement (DMCA)

10.1 Copyright Policy

Touch Grass LLC respects intellectual property rights and expects users to do the same.

If you believe your copyright has been infringed by content on the App, please contact us at contact@spreadfomo.com with the following information:

  1. Your name, address, phone number, and email
  2. Description of the copyrighted work you claim has been infringed
  3. Description of where the infringing material is located on the App (e.g., username, event ID)
  4. A statement that you have a good faith belief the use is not authorized
  5. A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf
  6. Your physical or electronic signature

We will investigate valid DMCA notices and may remove infringing content and terminate repeat infringers' accounts.

10.2 Counter-Notification

If your content was removed due to a DMCA notice and you believe it was removed in error, you may submit a counter-notification to contact@spreadfomo.com with:

  1. Your name, address, phone number, and email
  2. Description of the removed content and its location before removal
  3. A statement under penalty of perjury that you have a good faith belief the content was removed in error
  4. Consent to jurisdiction of the U.S. District Court for the Eastern District of Virginia
  5. Your physical or electronic signature

We may restore the content if the original complainant does not file a lawsuit within 10-14 business days.

10.3 Repeat Infringers

We will terminate accounts of users who repeatedly infringe copyrights.

11. Modifications to the App and Terms

11.1 Changes to the App

We reserve the right to:

We are not liable for any modification, suspension, or discontinuation of the App.

11.2 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by:

The "Last Updated" date at the top will reflect the most recent changes.

Your continued use of the App after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the App and delete your account.

12. Dispute Resolution and Arbitration

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.

12.2 Mandatory Arbitration

YOU AND TOUCH GRASS LLC AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.

Arbitration Rules:

Exceptions:

12.3 Class Action Waiver

YOU AND TOUCH GRASS LLC AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS, NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If a court finds this class action waiver unenforceable, the arbitration agreement in Section 12.2 shall be null and void.

12.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TOUCH GRASS LLC WAIVE THE RIGHT TO A JURY TRIAL.

12.5 Venue

If arbitration does not apply (or is found unenforceable), any legal action must be brought in the state or federal courts located in Virginia, and you consent to the exclusive jurisdiction of those courts.

12.6 Time Limit for Claims

You must bring any claim within ONE (1) YEAR after the claim arises. After one year, the claim is permanently barred.

13. Third-Party Services

13.1 Third-Party Providers

The App integrates with third-party services, including:

These third-party services have their own terms of service and privacy policies. We are not responsible for their actions or policies.

13.2 Third-Party Links

The App may contain links to third-party websites or services. We do not endorse or control third-party content and are not responsible for their terms, privacy practices, or content.

14. Account Deletion and Data Retention

14.1 Deleting Your Account

You may delete your account at any time:

  1. Go to Settings in the App
  2. Tap "Delete Account"
  3. Confirm your decision

14.2 Data Retention After Deletion

90-Day Retention Period:

What Happens to Your Data:

See our Privacy Policy for more details on data deletion.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Touch Grass LLC regarding the App and supersede all prior agreements or understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms or your account to any third party. We may assign these Terms to any affiliate or successor without your consent.

15.5 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

15.6 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

15.7 Survival

Sections 5 (Intellectual Property), 7 (Disclaimers), 8 (Indemnification), 12 (Dispute Resolution), and 15 (Miscellaneous) shall survive termination of these Terms.

16. Contact Information

If you have questions about these Terms, contact us at:

Touch Grass LLC (d/b/a fomo)
Email: contact@spreadfomo.com

17. Summary of Key Terms

Topic Key Information
Age Requirement 18+ years old
Account Security You are responsible for your account
User Content You grant us a license to use your content
Event Liability You are responsible for events you create/attend; we are NOT liable
Assumption of Risk You assume all risks of using the App and attending events
Liability Cap Our liability is limited to $100
Indemnification You must defend us against claims arising from your use
Dispute Resolution Binding arbitration in Virginia
Class Action Waiver No class actions allowed
Governing Law Virginia law
Time Limit for Claims 1 year from when claim arises
Data Retention 90 days after account deletion
Contact contact@spreadfomo.com

BY USING THE FOMO APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Touch Grass LLC (d/b/a fomo)
Email: contact@spreadfomo.com