These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Buyer," or "Organizer") and FOMO ("we," "us," or "the Platform"), governing your access to and use of the FOMO ticketing platform, including all services, features, and content offered at fomocr.com (collectively, the "Service").
By accessing or using the Service in any capacity — including browsing, registering an account, creating an event, purchasing a ticket, or completing any transaction — you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must immediately cease all use of the Service.
These Terms apply to all users without exception. Your continued use of the platform after any modification to these Terms constitutes your acceptance of the revised Terms.
FOMO is a technology platform that facilitates the connection between event organizers ("Organizers") and ticket buyers ("Buyers"). FOMO does not organize, host, manage, operate, or produce any events listed on the platform. FOMO acts solely as an intermediary marketplace and has no control over the quality, safety, legality, accuracy, or occurrence of any event.
FOMO is not an agent, partner, joint venturer, employer, or representative of any Organizer or Buyer. Organizers are independent third parties solely responsible for their events. FOMO makes no representations or warranties regarding any Organizer's ability to fulfill their commitments.
The listing of an event on FOMO does not constitute an endorsement, recommendation, certification, or guarantee of that event, its Organizer, or its content by FOMO. FOMO does not verify or validate information submitted by Organizers.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. FOMO shall not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to secure your credentials.
You agree to provide accurate, current, and complete information during registration and to keep your account information updated. FOMO reserves the right to suspend or terminate any account based on false, misleading, or fraudulent information.
By creating an account, you represent that you are legally old enough to enter into a binding agreement in your jurisdiction. Certain events listed on FOMO may have age restrictions set independently by their Organizers. FOMO does not verify the age of attendees and bears no responsibility for enforcing event-specific age requirements.
Organizers represent and warrant that all information submitted to FOMO regarding their events — including dates, times, locations, descriptions, ticket prices, capacity, and any other details — is accurate, complete, and not misleading at the time of submission. Organizers are solely responsible for updating event information if circumstances change.
Organizers are solely responsible for ensuring that their events comply with all applicable local, national, and international laws, regulations, and ordinances, including but not limited to permits, noise ordinances, public safety regulations, licensing requirements, tax obligations, and consumer protection laws.
If an Organizer cancels an event for any reason, the Organizer is solely and exclusively responsible for:
FOMO's service fees are non-refundable under all circumstances, including event cancellation. FOMO bears no financial liability to Buyers in the event of cancellation by an Organizer.
Organizers may not list events that are illegal, fraudulent, deceptive, discriminatory, or that violate the rights of any third party. FOMO reserves the right to remove any event listing at its sole discretion without prior notice.
FOMO charges service and processing fees for transactions completed through the platform. These fees are disclosed at the time of purchase and are incorporated into the total price presented to the Buyer at checkout.
FOMO's service and processing fees are strictly non-refundable under any and all circumstances, including but not limited to: event cancellation, event postponement, event modification, Buyer change of mind, technical errors, force majeure events, or any dispute between a Buyer and an Organizer. By completing a transaction, you expressly acknowledge and agree to this policy.
All payments are processed through third-party payment processors (including PayPal). FOMO does not store or handle payment card data. Buyers agree to the terms of service of the applicable payment processor. FOMO is not responsible for errors, failures, delays, or unauthorized transactions involving third-party payment processors.
Events may be priced in Costa Rican Colones (CRC) or United States Dollars (USD). If a currency conversion is displayed, it is provided for informational purposes only using approximate exchange rates. FOMO makes no warranty as to the accuracy of displayed exchange rates. The final charge will be processed in the currency determined by the payment processor, and FOMO is not responsible for any differences due to exchange rate fluctuations or bank fees.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY. FOMO DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
FOMO expressly disclaims all liability for:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOMO'S TOTAL AGGREGATE LIABILITY TO ANY USER FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT OF FOMO SERVICE FEES ACTUALLY PAID BY THE USER IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).
IN NO EVENT SHALL FOMO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COSTS OF SUBSTITUTE SERVICES, EVEN IF FOMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless FOMO and its founders, officers, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Users are strictly prohibited from:
Violation of this section may result in immediate account termination, legal action, and reporting to relevant authorities.
All content, branding, trademarks, logos, designs, and software comprising the FOMO platform are the exclusive property of FOMO or its licensors. Nothing in these Terms grants you a license to use FOMO's intellectual property for any commercial or non-commercial purpose without prior written consent.
By submitting content to the platform (including event descriptions, images, and other materials), Organizers grant FOMO a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute such content solely for the purpose of operating and promoting the platform.
Your use of the Service is also governed by FOMO's Privacy Policy, which is incorporated herein by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy. FOMO does not sell personal data to third parties.
FOMO reserves the right to suspend, restrict, or permanently terminate any account or access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or behavior deemed harmful to the platform or its users. Termination does not entitle the User to any refund of FOMO service fees.
FOMO reserves the right to modify these Terms at any time. Changes will be effective upon posting to the platform. Your continued use of the Service following any modification constitutes your binding acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
FOMO shall not be liable for any failure or delay in performance arising out of causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, government actions, pandemics, war, cyberattacks, power outages, or failures of third-party services or infrastructure.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Costa Rica, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall first be submitted to good-faith negotiation. If unresolved within thirty (30) days, disputes shall be submitted to binding arbitration or the competent courts of Costa Rica. You waive any right to participate in a class action lawsuit or class-wide arbitration against FOMO.
These Terms, together with the Refund Policy and Privacy Policy, constitute the entire agreement between you and FOMO with respect to the Service and supersede all prior agreements, representations, or understandings.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
FOMO's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.
For questions regarding these Terms, contact us at: support.fomo@gmail.com