Terms and Conditions

Created on 29 April, 2026 • 0 views • 13 minutes read

Terms and Conditions

Last Updated: April 28, 2026

Effective Date: April 28, 2026


These Terms and Conditions ("Terms") form a binding legal agreement between you ("you," "your," or "Customer") and FomoBoost ("FomoBoost," "we," "us," or "our"), governing your access to and use of the website https://fomoboost.com, the FomoBoost software-as-a-service platform, the FomoBoost WordPress plugin, embed codes, APIs, and related services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, INSTALLING THE PLUGIN, EMBEDDING OUR CODE, OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

These Terms include important provisions that limit our liability and require disputes to be resolved as described in Section 16.

1. Definitions

  1. "Account" means the registered account you create to access the Service.
  2. "Customer Content" means any data, text, images, audio, video, code, configurations, URLs, or other materials you upload, configure, or generate through the Service, including campaigns, notification content, and End-User data collected through your deployments.
  3. "End User" means a visitor to a website where you have deployed FomoBoost notifications, widgets, or campaigns.
  4. "Subscription" means a paid plan you purchase to access the Service.
  5. "Documentation" means the user guides, technical documentation, and help materials we make available.

2. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) and capable of entering into a binding contract to use the Service. If you are using the Service on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

You may not use the Service if you are barred from receiving services under applicable laws, including export-control laws or sanctions regimes.

3. Account Registration

To use most features, you must create an Account. You agree to:

  1. Provide accurate, current, and complete information;
  2. Keep your account credentials confidential;
  3. Notify us immediately of any unauthorized access or security incident involving your Account;
  4. Be solely responsible for all activity that occurs under your Account.

We may refuse, suspend, or terminate any Account at our discretion, including where we suspect fraud, abuse, or violation of these Terms.

4. The Service

4.1 What FomoBoost Provides

The Service enables you to create and deploy social-proof and engagement campaigns on websites you own or operate, including informational messages, coupon offers, live counters, email collectors, conversion notifications and counters, video and audio notifications, social-share prompts, review displays, emoji and score feedback, cookie notifications, request collectors, countdown timers, and custom HTML blocks. The Service includes page-targeting, behavioral display triggers (delay, time on site, inactivity, page views, exit intent, scroll, click, hover), display-frequency controls, and re-display rules, as further described in our Documentation.

4.2 License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your Subscription term.

4.3 WordPress Plugin

The FomoBoost WordPress plugin is provided to facilitate integration with WordPress-powered sites. Use of the plugin is subject to these Terms and, where applicable, the GPL or other open-source license under which it is distributed. You are responsible for maintaining your WordPress installation and for compatibility with your themes and other plugins.

4.4 Updates and Changes

We may modify, update, or discontinue features of the Service at any time, with or without notice. We will use reasonable efforts to notify you of material adverse changes affecting paid features.

5. Subscriptions, Fees, and Payment

5.1 Plans and Billing

The Service may be offered as a free plan, a free trial, or paid Subscriptions billed monthly or annually. Pricing and feature limits are described on our pricing page and may change with notice as set out below.

5.2 Payment

By providing a payment method, you authorize us (and our payment processors) to charge the applicable fees, taxes, and any renewal fees. Charges are non-refundable except as expressly stated in these Terms or as required by applicable law.

5.3 Auto-Renewal

Paid Subscriptions automatically renew at the end of each term at the then-current rate, unless you cancel before renewal. You may cancel auto-renewal at any time from your Account settings; cancellation takes effect at the end of the current term.

5.4 Free Trials

If we offer a free trial, you must cancel before the trial ends to avoid being charged. Free trials may be limited in scope and may be modified or withdrawn at any time.

5.5 Taxes

Fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, withholding, and similar taxes, except taxes on our net income.

5.6 Late Payments

If a payment fails or is not received by the due date, we may suspend or terminate your Account. We may also charge interest on overdue amounts at the lesser of 1.5% per month or the maximum permitted by law.

5.7 Refunds

Unless required by law or expressly stated otherwise, all fees are final and non-refundable. We do not provide refunds for partial subscription periods, unused features, or downgraded plans.

5.8 Price Changes

We may change pricing for renewal periods with at least 30 days’ prior notice. Continued use after the new price takes effect constitutes acceptance.

6. Acceptable Use

You agree not to, and not to permit any third party to:

  1. Use the Service to send unsolicited communications, spam, or content that violates anti-spam laws (CAN-SPAM, CASL, GDPR, etc.);
  2. Display fake, deceptive, or misleading notifications, including fabricated conversion counts, false sales notifications, or content designed to deceive End Users;
  3. Use the Service to deliver malware, phishing content, or malicious scripts via the Custom HTML block or any other notification type;
  4. Display content that is unlawful, defamatory, obscene, harassing, hateful, or that infringes any third-party rights (including IP, privacy, and publicity rights);
  5. Use the Service on websites primarily directed at children under 16, or to collect data from children;
  6. Use the Service to facilitate the sale of illegal goods or regulated products in violation of applicable law;
  7. Reverse engineer, decompile, disassemble, or attempt to derive source code, except to the extent expressly permitted by law;
  8. Resell, sublicense, rent, lease, or provide the Service to third parties as a service bureau or similar offering, except as expressly permitted by us in writing;
  9. Interfere with or disrupt the integrity, security, or performance of the Service, including by introducing viruses, exceeding rate limits, scraping, or attempting to gain unauthorized access;
  10. Use the Service to violate any applicable law, regulation, or third-party right;
  11. Remove, obscure, or alter any proprietary notices in the Service.

We may investigate suspected violations and take action, including suspending or terminating your Account, removing offending content, or notifying authorities, without liability to you.

7. Customer Content and Responsibilities

7.1 Ownership

You retain all right, title, and interest in your Customer Content. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content solely as necessary to provide and improve the Service, comply with law, and enforce these Terms.

7.2 Your Responsibilities

You are solely responsible for:

  1. The accuracy, legality, and appropriateness of all Customer Content;
  2. Obtaining all rights, licenses, and consents necessary to upload, display, and use Customer Content via the Service;
  3. Providing all notices and obtaining all consents required from End Users under applicable law (including privacy, e-Privacy/cookie, and consumer-protection laws), and posting your own privacy policy and cookie notice as required;
  4. Establishing a lawful basis (under GDPR or equivalent law) for the processing of End-User personal data and for any data transferred to us;
  5. Honoring End-User data-subject requests promptly;
  6. Truthfulness of conversion notifications, sales counts, and any social-proof messaging displayed via the Service.

7.3 Data Processing

To the extent we process personal data on your behalf as a "processor" or "service provider," our processing is governed by these Terms and, where required, by a Data Processing Addendum ("DPA") incorporated by reference. EU/UK Customers and Customers subject to similar laws may request a signed DPA at [INSERT EMAIL].

7.4 Backups

You are responsible for maintaining your own backup copies of any Customer Content critical to your business. We are not liable for any loss or corruption of Customer Content.

8. Intellectual Property

8.1 Our IP

The Service, including all software, design, text, graphics, logos, trademarks, and Documentation, is owned by FomoBoost or our licensors and is protected by intellectual-property laws. Except for the limited license granted in Section 4.2, no rights are granted to you. "FomoBoost" and our logos are our trademarks; you may not use them without our prior written permission.

8.2 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction.

9. Third-Party Services

The Service may integrate with or link to third-party websites, plugins, or services (e.g., WordPress, payment processors, email providers). We do not control and are not responsible for third-party services. Your use of them is at your own risk and subject to their terms.

10. Privacy

Our collection and use of personal information is described in our Privacy Policy (available at https://fomoboost.com/privacy-policy). By using the Service, you acknowledge and agree to the practices described in the Privacy Policy.

11. Confidentiality

Each party agrees to protect the other’s non-public business, technical, and financial information ("Confidential Information") with at least the same care it uses for its own confidential information (and no less than reasonable care), and to use such information only as needed to perform under these Terms. This obligation does not apply to information that is publicly known, independently developed, or rightfully received from a third party.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  1. The Service will be uninterrupted, timely, secure, or error-free;
  2. The results obtained from the Service will be accurate, reliable, or meet your requirements;
  3. Any errors or defects will be corrected;
  4. The Service will increase your conversions, sales, traffic, or revenue;
  5. The Service is compatible with every theme, plugin, browser, or platform.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the foregoing exclusions apply to the maximum extent permitted by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL FOMOBOOST, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (USD $100).

(c) THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be excluded by law.

14. Indemnification

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

  1. Your Customer Content;
  2. Your use of the Service;
  3. Your violation of these Terms or any applicable law;
  4. Your violation of any third-party right, including any intellectual-property, privacy, or publicity right;
  5. Any dispute between you and an End User or a third party arising from notifications or content you displayed via the Service.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate with our defense.

15. Suspension and Termination

15.1 Termination by You

You may terminate your Account at any time by following the cancellation process in your Account settings or by contacting support. No refunds will be issued except as required by law.

15.2 Termination or Suspension by Us

We may suspend or terminate your access to the Service, in whole or in part, with or without notice, if:

  1. You breach these Terms or any applicable law;
  2. You fail to pay fees when due;
  3. We suspect fraudulent, abusive, or unlawful activity;
  4. We are required to do so by law;
  5. We discontinue the Service or a feature.

15.3 Effect of Termination

Upon termination: (a) your right to access the Service ends immediately; (b) we may delete Customer Content after a reasonable retention period as described in our Privacy Policy; and (c) accrued payment obligations and any provisions intended to survive termination will survive (including Sections 5, 7.1, 8, 11, 12, 13, 14, 15.3, 16, and 17).

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [INSERT GOVERNING JURISDICTION — e.g., the State of Delaware, USA, or your country of incorporation], without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Informal Resolution

Before filing any formal claim, the parties agree to attempt to resolve the dispute informally by contacting each other in writing. If the dispute is not resolved within 30 days, either party may proceed with formal dispute resolution.

16.3 Venue / Arbitration (Choose ONE — see lawyer note)

[Option A — Courts] Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be brought exclusively in the state or federal courts located in [INSERT VENUE], and the parties consent to personal jurisdiction in those courts.

[Option B — Arbitration with class-action waiver] Any dispute will be resolved by binding individual arbitration administered by [INSERT ARBITRATION BODY — e.g., AAA, JAMS] under its then-current rules. YOU AND FOMOBOOST WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. Either party may bring a small-claims action in a court of competent jurisdiction in lieu of arbitration.

16.4 Time Limit on Claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action arises, or be permanently barred.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any DPA or order forms, constitute the entire agreement between you and FomoBoost regarding the Service and supersede all prior or contemporaneous agreements on that subject.

17.2 Modifications

We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., by email or in-product notice) at least 14 days before they take effect, where reasonably practicable. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.

17.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

17.4 Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

17.5 Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

17.6 Force Majeure

Neither party is liable for failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, internet or telecommunications failures, or government action.

17.7 Independent Contractors

The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.

17.8 No Third-Party Beneficiaries

These Terms are for the benefit of you and FomoBoost only and do not create rights for any third party.

17.9 Notices

We may provide notices to you by email, in-product notice, or by posting on the website. You must send legal notices to us at [INSERT LEGAL NOTICE EMAIL OR ADDRESS].

17.10 Export Compliance

You agree to comply with all applicable export-control and sanctions laws and represent that you are not located in, or a resident of, any country subject to comprehensive sanctions, and that you are not on any restricted-party list.

17.11 Headings

Headings are for convenience only and do not affect interpretation.

18. Contact

If you have any questions about these Terms, please contact us:

FomoBoost

Email: [INSERT LEGAL/SUPPORT EMAIL — e.g., legal@fomoboost.com]

Support: [INSERT SUPPORT EMAIL — e.g., support@fomoboost.com]

Postal address: [INSERT REGISTERED BUSINESS ADDRESS]

Website: https://fomoboost.com