TERMS OF SERVICE

ACera Tech LLC

Effective Date: 08/18/2026

Last Updated: 08/12/2026

1. ACCEPTANCE OF TERMS

These Terms of Service (these “Terms”) are a legally binding agreement between you and ACera Tech LLC, doing business as Fomo-Fi (“Fomo-Fi,” “we,” “us,” or “our”), governing your access to and use of the Fomo-Fi website, web application, mobile applications, software, features, content, and related products and services (collectively, the “Service”).

By clicking “I Agree,” selecting an acceptance checkbox, creating an account, purchasing a subscription, or accessing or using the Service, you represent that you have read and agree to these Terms. You also acknowledge that you have reviewed our Privacy Policy, which explains our information practices. If you do not agree, do not create an account, purchase a subscription, or use the Service.

1.1 Changes to These Terms

We may revise these Terms from time to time. We will post the revised Terms, update the “Last Updated” date, and provide additional notice of material changes through the Service, by email, or as otherwise required by law. Unless a later date is stated, revised Terms become effective when posted and apply prospectively. Material changes to Section 15 will not apply to a dispute for which either party provided written notice before the change became effective. If you do not agree to revised Terms, you must stop using the Service and cancel your subscription. Your continued use after the effective date constitutes acceptance to the extent permitted by law.

2. THE SERVICE

Fomo-Fi is a subscription-based personal budgeting and financial-forecasting technology service. Depending on your plan, device, location, and release version, the Service may provide financial-account aggregation through Plaid; transaction categorization; budget allocation and tracking; cash-flow forecasts; debt-payoff calculations; paycheck and savings allocation tools; calendars of anticipated income and obligations; alerts; and related features.

Features, interfaces, data sources, and availability may change over time. We do not promise that every feature will be available on every device or platform or that any feature will remain available indefinitely. We may add, remove, modify, test, suspend, or discontinue features as provided in these Terms.

3. ELIGIBILITY

To use the Service, you represent and warrant that you:

Are at least eighteen (18) years old.

Are a legal resident of the United States and are using the Service from the United States.

Have the legal capacity to enter into a binding agreement.

Are not prohibited from using the Service under applicable law.

Will provide accurate, current, and complete registration and billing information.

4. ACCOUNTS, SECURITY, AND COMMUNICATIONS

4.1 Account Registration

You must create an account to use most features. Registration may be completed with an email address and password or through an available third-party sign-on provider integrated through Clerk. Each account is for one individual. You may not share credentials, permit another person to use your account, or create an account for another person without authorization.

4.2 Account Security

You are responsible for safeguarding your credentials and devices and for activity conducted through your account, except to the extent caused by our breach of these Terms or violation of applicable law. Use a strong, unique password and promptly notify us at support@fomo-fi.app if you suspect unauthorized access. We may require you to reset credentials or take other reasonable security measures.

4.3 Electronic Communications

You consent to receive agreements, disclosures, notices, receipts, and other communications electronically, including by email, in-app message, or posting within the Service. You are responsible for maintaining a valid email address and the hardware and software needed to access electronic records. You may retain copies by printing or saving them. If you withdraw consent to electronic communications where withdrawal is available, we may be unable to provide the Service and may close your account after providing any notice required by law.

4.4 Push Notifications

If you enable push notifications, we may send alerts and Service-related messages to your device. You can disable push notifications in your device settings. Disabling them may prevent delivery of alerts you configured.

5. SUBSCRIPTIONS, BILLING, RENEWAL, AND CANCELLATION

5.1 Pricing and Taxes

Access to paid features requires a subscription. The price, billing interval, included features, and any trial or promotional terms displayed at checkout control your purchase. As of the Effective Date, the standard subscription prices are $10.99 per month or $110.00 per year, unless a different price is displayed at checkout. Prices do not include applicable taxes, which may be added where required.

5.2 Recurring Payment Authorization

By starting a subscription, you authorize Fomo-Fi, Stripe, or the applicable app store or payment provider to charge the payment method you provide for the disclosed subscription price, taxes, and other authorized amounts at the beginning of each billing period until you cancel. You represent that you are authorized to use the payment method and agree to keep billing information current.

5.3 Automatic Renewal

YOUR SUBSCRIPTION AUTOMATICALLY RENEWS FOR SUCCESSIVE PERIODS OF THE SAME LENGTH AS YOUR INITIAL BILLING PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED AT THE THEN-CURRENT PRICE, UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. THE CHECKOUT SCREEN WILL DISCLOSE THE RENEWAL TERMS BEFORE YOU PURCHASE.

5.4 Free Trials and Promotions

If we offer a free trial or promotion, the checkout screen will disclose its duration, eligibility, limitations, post-trial price, renewal terms, and cancellation method. Unless the offer states otherwise, a trial converts to a paid, automatically renewing subscription at the disclosed price if you do not cancel before the trial ends. We will provide reminders when required by law. We may limit eligibility and may revoke a promotion for fraud or abuse.

5.5 Price Changes and Renewal Notices

We may change subscription prices prospectively. We will provide advance notice in the manner and within the period required by law. Unless you cancel, the new price will apply beginning with the first renewal after the change becomes effective. We will provide renewal reminders and other automatic-renewal notices when required by applicable law.

5.6 Cancellation

You may cancel at any time before renewal using the cancellation method associated with your purchase. Subscriptions purchased directly through Fomo-Fi may be canceled through account settings or the Stripe Customer Portal. Subscriptions purchased through an app store must be canceled through that app store. If you cannot access the applicable cancellation method, contact support@fomo-fi.app for assistance.

Cancellation takes effect at the end of the then-current paid billing period unless applicable law or the purchase terms provide otherwise. You may continue using paid features until then. Uninstalling the application, disconnecting a financial account, stopping use, or deleting an account without completing the applicable billing-provider cancellation process may not cancel the subscription. You should cancel recurring billing before deleting your account.

5.7 Refunds

Except as required by law or expressly stated at checkout, subscription fees are non-refundable and we do not provide credits or refunds for partial billing periods, unused features, or failure to cancel before renewal. Refunds for app-store purchases are governed by the applicable app store’s policies. Nothing in this Section limits a non-waivable statutory refund right.

5.8 Failed Payments

If a charge fails, we or the payment provider may retry the charge and request updated payment information. We may suspend paid features or terminate the subscription after reasonable notice, where practicable. You remain responsible for authorized unpaid amounts and reasonable collection costs to the extent permitted by law.

5.9 Payment Providers

Payments are processed by Stripe or an applicable app store or payment provider. We do not receive or store full payment card numbers. The provider’s terms and privacy policy also apply to its processing and billing services.

6. CONNECTED FINANCIAL ACCOUNTS AND THIRD-PARTY SERVICES

6.1 Plaid and Financial-Institution Authorization

Financial-account connectivity is provided through Plaid. By initiating a connection, you authorize Plaid and the selected financial institution to access and transmit the account information and history described in the Plaid interface and authorize Fomo-Fi to receive, store, use, and display that information as described in our Privacy Policy. You represent that you are an owner or authorized user of each connected account and have authority to provide the requested permissions.

Plaid’s services are governed by its applicable terms and the Plaid End User Privacy Policy. Fomo-Fi does not receive or store the financial-institution login credentials you submit through Plaid.

6.2 Data Accuracy and Availability

Information from Plaid, financial institutions, merchants, app stores, and other third parties may be delayed, incomplete, duplicated, unavailable, or inaccurate. Transaction categories and forecasts may also contain errors. You are responsible for reviewing information before relying on it and for verifying material information against official account statements and provider records. We are not responsible for third-party systems or information outside our reasonable control, except to the extent liability cannot be excluded by law.

6.3 Disconnection

You may disconnect a linked institution through available account settings. Disconnection stops future retrieval through that connection but does not necessarily delete information previously imported. You may request deletion as described in the Privacy Policy. A financial institution or Plaid may also terminate or restrict a connection.

6.4 Third-Party Services

The Service may integrate with or link to third-party services. We do not own or control those services and are not responsible for their availability, terms, content, security, or independent practices. Your use of a third-party service is governed by its terms. A third-party failure may impair related Service features without liability to Fomo-Fi to the maximum extent permitted by law.

7. FINANCIAL DISCLAIMERS

7.1 Informational and Educational Purposes Only

The Service provides organizational tools, automated calculations, and projections for informational and educational purposes only. It does not provide financial, investment, credit, accounting, tax, or legal advice, and it does not recommend or endorse any transaction, account, product, creditor, payment strategy, or course of action.

7.2 No Fiduciary or Professional Relationship

Your use of the Service does not create a fiduciary, advisory, agency, brokerage, banking, lending, accounting, attorney-client, or other professional relationship. Consult qualified professionals before making material financial, tax, accounting, investment, or legal decisions.

7.3 Projections and Debt-Payoff Calculations

Budgets, forecasts, alerts, and debt-payoff schedules are estimates based on historical information, third-party data, assumptions, and inputs that may change or be inaccurate. Results may not reflect pending transactions, variable interest rates, fees, taxes, market conditions, income interruptions, emergencies, lender practices, or future events. Fomo-Fi does not guarantee savings, debt elimination, improved credit, liquidity, or any other result.

7.4 No Regulated Financial Service

Fomo-Fi is a technology provider. It is not a bank, credit union, broker-dealer, investment adviser, lender, credit-repair organization, money transmitter, or financial institution that holds, transfers, or takes custody of user funds. The Service cannot initiate payments or prevent overdrafts, late fees, defaults, or other financial consequences unless a future feature expressly states otherwise under separate terms.

8. OWNERSHIP, LICENSE, USER DATA, AND FEEDBACK

8.1 Fomo-Fi Property

The Service and all related software, source and object code, algorithms, models, workflows, interfaces, designs, text, graphics, trademarks, service marks, logos, documentation, compilations, and other materials are owned by or licensed to Fomo-Fi and are protected by intellectual-property and other laws. Except for the limited license below, these Terms grant no right, title, or interest in the Service.

8.2 Limited License

Subject to these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your own lawful, non-commercial personal financial management during the applicable subscription or access period.

8.3 User Data

As between you and Fomo-Fi, you retain your rights in information you provide or authorize us to receive (“User Data”). You grant Fomo-Fi a non-exclusive, worldwide, royalty-free license, with the right to allow our service providers to process User Data, to host, store, reproduce, transmit, display, format, categorize, analyze, and create calculations or other outputs from User Data solely as reasonably necessary to provide, maintain, secure, support, and improve the Service in accordance with the Privacy Policy. This license lasts while the User Data is retained as permitted by the Privacy Policy. We may use aggregated or de-identified information as described there.

8.4 Feedback

If you provide ideas, suggestions, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free license to use and exploit that feedback for any lawful purpose without restriction or compensation. Do not submit feedback you are not authorized to license.

9. ACCEPTABLE USE

You may not, and may not assist another person to:

Use the Service for unlawful, fraudulent, deceptive, abusive, or harmful purposes.

Access or use another person’s account or financial data without authorization, or misrepresent your identity or authority.

Attempt to bypass authentication, access controls, usage limits, or security measures, or probe, scan, or test vulnerabilities without written authorization.

Interfere with, disrupt, overload, damage, or impair the Service or any connected network or system.

Upload or transmit malware, malicious code, or material that infringes or violates another person’s rights.

Scrape, crawl, harvest, index, or extract data from the Service through automated means except as expressly authorized in writing.

Reverse engineer, decompile, disassemble, derive source code from, or create derivative works of the Service, except to the limited extent applicable law prohibits this restriction.

Copy, frame, mirror, resell, sublicense, rent, distribute, or commercially exploit the Service or use it to build a competing product.

Use Service outputs as the sole basis for a decision about credit, lending, insurance, employment, housing, legal rights, or another high-impact matter.

Remove or alter proprietary notices or falsely imply sponsorship, endorsement, or affiliation.

We may investigate suspected violations and suspend or terminate access as provided in Section 11. We may cooperate with lawful investigations and preserve or disclose information as permitted by the Privacy Policy and applicable law.

10. PRIVACY, SECURITY, AND SERVICE AVAILABILITY

10.1 Privacy

Our Privacy Policy describes how we collect, use, disclose, retain, and protect personal information. It is available through the Service and our website. You must not provide information about another person unless you are authorized to do so.

10.2 Service Changes and Discontinuation

We may change, suspend, or discontinue all or part of the Service for business, legal, security, technical, or operational reasons. Where reasonably practicable, we will provide advance notice of a material discontinuation. If we permanently discontinue a paid Service before the end of a prepaid period for reasons other than your breach, we will provide a pro rata refund for the unused period or a substantially equivalent alternative, unless prohibited or governed differently by an app store.

10.3 Maintenance and Availability

The Service may be unavailable because of maintenance, updates, third-party failures, internet or network issues, security events, force majeure, or other causes. We do not guarantee uninterrupted or error-free access. You are responsible for maintaining independent records of information needed for financial decisions.

11. SUSPENSION AND TERMINATION

11.1 Termination by You

You may stop using the Service or request account deletion at any time. Account deletion and subscription cancellation are separate actions. Follow Section 5.6 to stop recurring charges before deleting your account.

11.2 Suspension or Termination by Fomo-Fi

We may suspend, restrict, or terminate access if we reasonably believe you violated these Terms; payment is overdue; your use creates legal, security, fraud, or operational risk; we are required to do so by law or a provider; or the Service is discontinued. Where appropriate and legally permitted, we will provide notice and a reasonable opportunity to cure. We may act immediately when necessary to prevent harm, address fraud or a security threat, comply with law, or protect the Service or others.

11.3 Effect of Termination

Upon termination, your license and right to access the Service end, subject to any paid-through access expressly preserved under Section 5.6. You remain responsible for accrued charges. User Data will be handled under the Privacy Policy, and you should export any information you wish to retain before deletion if an export feature is available. Sections that by their nature should survive will survive, including Sections 7 through 9 and 11 through 17.

12. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL DATA, CALCULATIONS, FORECASTS, ALERTS, CONTENT, AND THIRD-PARTY INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FOMO-FI AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, COMPLETE, OR COMPATIBLE WITH EVERY DEVICE OR FINANCIAL INSTITUTION; THAT DATA WILL BE IMPORTED OR CATEGORIZED CORRECTLY; THAT ALERTS WILL BE DELIVERED OR TIMELY; OR THAT USE WILL PRODUCE ANY FINANCIAL RESULT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS DISCLAIMS A WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOMO-FI AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, SAVINGS, DATA, USE, GOODWILL, OR BUSINESS OPPORTUNITY; OR FINANCIAL LOSSES, FEES, PENALTIES, OVERDRAFTS, LATE CHARGES, MISSED PAYMENTS, OR OTHER CONSEQUENCES ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FOMO-FI AND THE OTHER FOMO-FI PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100.00 OR (B) THE FEES YOU PAID TO FOMO-FI FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law. Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

14. INDEMNIFICATION

To the extent permitted by law, you will defend, indemnify, and hold harmless Fomo-Fi and its affiliates, members, managers, officers, employees, and agents from third-party claims, damages, liabilities, judgments, costs, and reasonable attorneys’ fees arising out of or relating to (a) your unlawful or unauthorized use of the Service; (b) your material breach of these Terms; (c) your violation of another person’s rights; or (d) User Data you provide without authority. We will promptly notify you of a covered claim, may control the defense and settlement, and will reasonably cooperate at your expense. You may not settle a claim in a manner that admits fault by or imposes obligations on a Fomo-Fi party without our written consent. This Section does not require indemnification for a claim to the extent caused by a Fomo-Fi party’s own conduct for which indemnification cannot lawfully be required.

15. DISPUTE RESOLUTION; ARBITRATION; CLASS-ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND INCLUDES A CLASS-ACTION AND JURY-TRIAL WAIVER. YOU MAY OPT OUT OF ARBITRATION AS PROVIDED IN SECTION 15.8.

15.1 Governing Law and Federal Arbitration Act

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, except that the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), governs the interpretation and enforcement of this Section 15. Mandatory consumer protections of your state of residence continue to apply to the extent they cannot be waived.

15.2 Informal Dispute Resolution

Before commencing arbitration or litigation other than a request for temporary emergency relief, the claimant must send an individualized written Notice of Dispute. A notice to Fomo-Fi must be emailed to support@fomo-fi.app with the subject line “Notice of Dispute” and mailed to the address in Section 18. A notice to you may be sent to the email or mailing address associated with your account. The notice must include the claimant’s name and account email, a description of the facts and legal basis of the dispute, the relief sought, and the claimant’s signature. The parties will attempt in good faith to resolve the dispute for thirty (30) days after receipt. Any limitations period and filing-fee deadline will be tolled during that period. Failure to complete this process is a defense to premature arbitration or litigation, and a court or arbitrator may enjoin or dismiss a noncompliant filing.

15.3 Binding Individual Arbitration

Except for matters listed in Section 15.5, you and Fomo-Fi mutually agree that every dispute, claim, or controversy arising out of or relating to these Terms, the Service, a subscription, or the parties’ relationship, including questions of arbitrability and claims arising before acceptance of these Terms, will be resolved exclusively through final and binding individual arbitration administered by JAMS before one neutral arbitrator under the JAMS Streamlined Arbitration Rules and Procedures and the JAMS Consumer Arbitration Minimum Standards then in effect. If those rules conflict with these Terms, these Terms control to the extent permitted by JAMS and applicable law.

The arbitration may be conducted remotely, on written submissions, or at a location reasonably convenient to you, as determined under the JAMS standards. The arbitrator may award any individual remedy available in court, must apply applicable substantive law, and will issue a reasoned written award sufficient to explain the essential findings and conclusions. Judgment on the award may be entered in any court of competent jurisdiction. If JAMS is unavailable or declines to administer a dispute, the parties will attempt to agree on a substitute administrator; if they cannot, a court may appoint an arbitrator under the FAA.

15.4 Arbitration Fees and Attorneys’ Fees

When you initiate arbitration, you will not be required to pay more than the consumer filing fee required by the JAMS Consumer Arbitration Minimum Standards, currently $250, and Fomo-Fi will pay the remaining JAMS and arbitrator fees. If Fomo-Fi initiates arbitration, Fomo-Fi will pay all JAMS and arbitrator fees. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards them under applicable law or determines that a claim or defense was frivolous or brought in bad faith under the standards applicable in court. Fomo-Fi will not seek fees or costs from a California consumer merely because the consumer does not prevail.

15.5 Exceptions

Either party may: (a) bring an individual claim in small-claims court if it remains within that court’s jurisdiction; (b) seek temporary or preliminary injunctive relief in court to preserve the status quo or prevent imminent harm while arbitration is pending; or (c) seek relief in court where applicable law prohibits arbitration of the particular claim or remedy. A claim for public injunctive relief that cannot lawfully be arbitrated may proceed in court, but any arbitrable claim or request for individual relief will remain subject to arbitration and, where appropriate, the court proceeding will be stayed pending arbitration.

15.6 Class-Action and Jury-Trial Waiver

YOU AND FOMO-FI AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PERSONS OR PRESIDE OVER ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. TO THE EXTENT A DISPUTE PROCEEDS IN COURT, YOU AND FOMO-FI WAIVE A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.7 Coordinated or Mass Filings

If seventy-five (75) or more substantially similar arbitration demands are filed against the same party or related parties and are represented or coordinated by the same or coordinating counsel, the JAMS Mass Arbitration Procedures and Guidelines and applicable fee schedule will apply. The parties will cooperate in good faith with JAMS and any process administrator to implement those procedures.

15.8 Thirty-Day Right to Opt Out of Arbitration

You may opt out of Sections 15.3 through 15.7 by emailing support@fomo-fi.app within thirty (30) days after you first accept these Terms. Your email must use the subject line “Arbitration Opt Out” and include your full name, the email address associated with your account, and a clear statement that you opt out of arbitration. An opt-out applies only to the individual who submitted it, does not affect the other Terms, and does not alter any arbitration agreement you previously entered into and did not timely opt out of. If you timely opt out, disputes will be resolved under Section 15.10.

15.9 Arbitration Severability

If a portion of this Section 15 is unenforceable, it will be severed and the remainder enforced to the maximum extent permitted. If the class-action waiver in Section 15.6 is finally held unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court and the remaining arbitrable matters will be arbitrated. This paragraph does not permit class or representative arbitration without the written agreement of all parties.

15.10 Court Venue

For a dispute not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state courts located in Chester County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania, except that an eligible claim may be filed in any small-claims court with jurisdiction and mandatory consumer venue rights remain available to the extent they cannot be waived.

16. MOBILE APPLICATIONS AND APP STORES

If you download a Fomo-Fi mobile application from an app store, the store’s usage rules and additional terms also apply. Your license is limited to use on devices you own or control, or as otherwise permitted by the applicable store rules. The app store is not responsible for the Service’s maintenance, support, warranties, product claims, legal compliance, or intellectual-property claims, except as its terms expressly provide. Fomo-Fi, not the app store, is responsible for addressing claims relating to the mobile application, subject to these Terms.

For an application obtained through Apple Inc. (“Apple”), you and Fomo-Fi acknowledge that these Terms are between you and Fomo-Fi, not Apple; Apple has no obligation to furnish maintenance or support; if the application fails to conform to an applicable warranty that cannot be disclaimed, you may notify Apple and Apple may refund the purchase price, if any, as provided by its rules; and, to the maximum extent permitted by law, Apple has no other warranty obligation. You represent that you are not located in a country subject to a U.S. government embargo or designated as supporting terrorism and are not on a U.S. government prohibited-party list. Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it against you. You must comply with applicable third-party terms when using the mobile application.

17. GENERAL TERMS

17.1 Notices

We may provide notices by email, in-app message, posting within the Service, or another method reasonably designed to reach you. Notices to Fomo-Fi must be sent to support@fomo-fi.app and, where these Terms require mailed notice, to the address in Section 18. Notice is effective when sent or posted unless applicable law requires otherwise.

17.2 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or transfer of the Service, or to an affiliate. Any prohibited assignment is void.

17.3 Force Majeure

Fomo-Fi is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, utility or telecommunications failures, internet disruptions, labor disputes, civil unrest, war, terrorism, government action, epidemics, cyberattacks, or third-party service failures, except that this Section does not excuse obligations that cannot lawfully be excused.

17.4 Severability and Waiver

Except as specifically provided in Section 15.9, if a provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will remain effective. A failure to enforce a provision is not a waiver, and a waiver must be in writing and signed by the waiving party.

17.5 Entire Agreement and Order of Precedence

These Terms, the purchase terms displayed at checkout, and any additional terms expressly applicable to a feature constitute the entire agreement concerning the Service and supersede prior or contemporaneous agreements on that subject. The Privacy Policy describes information practices and is not intended to create contractual rights beyond those required by law. If purchase or feature-specific terms conflict with these Terms, the more specific terms control for that purchase or feature. App-store terms control solely as required by the applicable platform.

17.6 No Third-Party Beneficiaries; Relationship

Except for Apple as stated in Section 16 and the Fomo-Fi parties protected by Sections 12 through 14, these Terms create no third-party beneficiary rights. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, employment, or franchise relationship.

17.7 Headings and Interpretation

Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against either party as drafter. An electronic acceptance has the same effect as a handwritten signature.

18. CONTACT INFORMATION

Questions or notices regarding these Terms should be directed to:

ACera Tech LLC d/b/a Fomo-Fi

Attention: Legal

Email: support@fomo-fi.app

Website: https://www.fomo-fi.app

Mailing Address: 38 S. Forge Manor Dr., Phoenixville, PA 19460