Terms of Service

1. Eligibility

• You must be at least 18 years of age to use FOMO
• You must be a resident of India
• You must have a valid Indian mobile number capable of receiving OTP verification
• You must not be prohibited from using the Platform under applicable Indian law
• By using the Platform, you represent and warrant that you meet all of the above eligibility criteria

2. The FOMO Platform

3. Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activity that occurs under your account
• You must notify us immediately at legal@payfomo.in if you suspect unauthorised access to your account
• We reserve the right to suspend or terminate accounts that contain false or misleading information
• You may not create more than one account per mobile number

4. Payments and Transactions

5. FOMO Points Programme

• FOMO points are earned on eligible transactions at partner venues as specified in the app
• Points have no cash value and cannot be sold, transferred, or exchanged for cash
• Points can be redeemed for discounts, free items, or other rewards as specified in the app
• Points expire 12 months from the date of earning if not redeemed
• We reserve the right to modify, suspend, or discontinue the points programme at any time with 30 days notice
• Any abuse of the points programme, including fraudulent transactions to earn points, will result in immediate account suspension and forfeiture of all points

6. Creator and Influencer Programme

If you participate in the FOMO Creator Programme as an influencer, the following additional terms apply:

• You must accurately represent your follower count and engagement metrics during application
• You may not use deceptive or misleading tactics to drive promo code usage
• Commission payments are calculated on net confirmed transactions (after cancellations and refunds)
• Commission payments are made within 15 working days of the end of each calendar month
• FOMO reserves the right to withhold commission payments if fraud or policy violations are detected
• You are responsible for all tax obligations on your creator earnings, including TDS where applicable
• FOMO may terminate your creator account at any time if you violate these Terms or engage in conduct that harms the FOMO brand

7. Partner Venue Terms

If you register as a merchant partner on the FOMO platform, the following additional terms apply:

• You must accurately represent your business, services, prices, and availability on the platform
• You must honour the agreed discount for all transactions processed through FOMO
• You must not refuse to accept FOMO payments from eligible users without valid reason
• You must maintain the QR code or payment integration in working condition
• FOMO will settle your payments net of the platform fee within the agreed settlement cycle
• You are responsible for the quality and delivery of services to users who book or pay through FOMO
• FOMO may delist your venue from the platform with 7 days notice for breach of these Terms

8. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable Indian law
• Attempt to gain unauthorised access to any part of the Platform or other users' accounts
• Use automated scripts, bots, or scrapers to interact with the Platform
• Engage in any activity that could disable, overburden, or impair the Platform
• Create fake accounts, fake reviews, or misrepresent your identity
• Abuse the discount or points system through fraudulent transactions
• Harass, threaten, or intimidate partner venue staff or other users
• Post false, misleading, or defamatory reviews of partner venues
• Resell, sublicense, or commercially exploit any part of the Platform without our written consent

9. Intellectual Property

All content on the FOMO Platform including the logo, name, tagline, app design, graphics, and user interface elements are the exclusive property of Pal Consultancy Services and are protected by applicable Indian intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of the Platform without our express written consent.

User-generated content such as reviews and ratings remains your property, but by submitting it you grant FOMO a non-exclusive, royalty-free, perpetual licence to use, display, and distribute such content in connection with the Platform.

10. Disclaimer of Warranties

The FOMO Platform is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:

• The Platform will be uninterrupted, timely, secure, or error-free
• The quality of services at partner venues will meet your expectations
• Any errors in the Platform will be corrected
• The Platform will be available in all geographic locations

We are not responsible for the actions, omissions, or services of any partner venue.

11. Limitation of Liability

To the maximum extent permitted by applicable Indian law, Pal Consultancy Services shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to loss of profits, data, goodwill, or other intangible losses.

Our total aggregate liability to you for any claim arising from your use of the Platform shall not exceed the amount you paid in the 30 days preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Pal Consultancy Services, its directors, employees, agents, and partners from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from your violation of these Terms, your use of the Platform, or your violation of any applicable law.

13. Termination

We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, for:

• Violation of these Terms or any applicable law
• Behaviour that harms other users, partner venues, or the reputation of FOMO
• Fraudulent or abusive use of the Platform
• Extended periods of inactivity exceeding 24 months

You may terminate your account at any time through the app settings. Termination does not affect any rights or obligations that arose before the date of termination.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising from or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation between the parties.

If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to arbitration under the Arbitration and Conciliation Act 1996. The seat of arbitration shall be Ahmedabad, Gujarat, India. The language of arbitration shall be English.

Nothing in this clause prevents either party from seeking interim relief from competent courts in Ahmedabad, Gujarat.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you through the app with at least 15 days notice before the changes take effect. Your continued use of the Platform after the effective date constitutes your acceptance of the modified Terms.

16. Contact Information

For any questions, concerns, or complaints regarding these Terms, please contact us:

• Company: Pal Consultancy Services
• Platform: FOMO (payfomo.in)
• General enquiries: legal@payfomo.in
• Grievance Officer: grievance@payfomo.in
• Address: Ahmedabad, Gujarat, India
• Support hours: Monday to Saturday, 10:00 AM to 6:00 PM IST