Terms and Conditions

Last updated: September 6, 2026

1. Introduction

These Terms and Conditions ("Agreement") govern your use of the FOMO mobile application ("App" or "Service") and any related products and services. By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these terms.

Note: FOMO is owned by Expansive Verity, LDA, a company registered in Portugal.

2. User Accounts and Responsibilities

Account Creation: To access the App's features, you must create an account and provide accurate, up-to-date information (e.g., full name, profile photo, and date of birth). False or inaccurate information may result in account suspension or deletion.

Account Security: You are responsible for safeguarding your account credentials. If you detect any unauthorised use, you must inform us immediately. We reserve the right to suspend or delete accounts that violate these Terms.

Minimum Age: You must be at least 18 years old to use the App. You must provide truthful date of birth information. The App complies with age restrictions in force within the European Union and Portugal.

3. Live Polls

What Are Live Polls? FOMO runs weekly community polls - typically on Thursday, Friday and Saturday nights at 9PM - where users vote on which venue they plan to visit that night.

Your Vote: By participating in a poll, you agree that your vote may be visible to your friends (e.g., "3 friends voted here"), and that your name and profile photo are shown to the other users who voted for the same venue in that poll, whether or not they are your friends. You see theirs on the same basis. Within a poll, nobody is shown the people who voted for a venue they did not vote for themselves.

Asking Friends to Vote: While a poll is open you can ask your friends to vote. You agree that doing so sends a push notification carrying your name to the friends who have not yet voted or opted out, and that your friends can do the same to you. It can be sent once per poll and received once per poll, it reaches only your friends, and it never reaches anyone either of you has blocked. You are told how many people it reached, not which of your friends had not voted.

People Who Go Where You Go: Outside the poll itself, your home screen may show you one person who is not your friend and who has voted for the same venues as you over the last two weeks, with their name, profile photo and the venue you overlap on most. You may be shown to them the same way. Whether you appear here follows the same "Show me to others at my place" setting described above: switch it off and you are not shown to anyone through this. Blocking applies in both directions.

Controlling Your Visibility: You can hide yourself from the other people at your venue from your visibility settings. While "Show me to others at my place" is off, users who are not your friends do not see you among the voters at the venue you picked, and in return you do not see them. Your friends remain visible to each other regardless of this setting.

Blocking: Anyone you have blocked, and anyone who has blocked you, is excluded from this in both directions.

Location Use: During the active poll window, we access your device's location to connect you to the relevant local poll. Your precise coordinates are not stored; the wide area they fall in is stored with your vote, because results are grouped by area. See our Privacy Policy for full details.

Poll Results: After a poll closes, the results become visible to all users. Results can be filtered by demographic criteria (university, relationship status, gender, age range) where enough aggregated data exists - individual users are never identified through these filters.

4. Optional Demographic Data

What It Is: You may optionally provide your university, relationship status and gender during onboarding or from your profile settings, and add your Instagram handle to your profile.

How It Is Used: University, relationship status and gender enable filtering of poll results (e.g., "show me results for students only"), always in aggregate and never identifying an individual. They are visible to users you are friends with, and are never used for advertising or profiling. Your Instagram handle is shown to your friends; other users are only shown whether you have added one. Opening a handle leaves the App for Instagram, which is operated by Meta under its own terms.

Your Control: Providing this data is entirely optional. You can update or remove it at any time from your profile settings.

5. User Content and Conduct

User Content: You retain ownership of any content you submit but grant us permission to use, store, and display it as necessary for the functioning of the Service.

Prohibited Conduct: You agree not to engage in illegal, harmful, or abusive activities, including:

  • Violating intellectual property rights;
  • Sharing offensive, defamatory, or illegal content;
  • Transmitting viruses or malicious code;
  • Attempting to manipulate poll results through fraudulent votes or automated activity.

Moderation: We reserve the right to remove or restrict any content or account that violates these Terms.

6. Location-Based Services

How We Use Your Location: We use your device's geographic coordinates during the active poll window to connect you to your local live poll.

Your Consent: By using the App during the poll window, you agree that we may access your precise location to deliver the relevant poll experience, and that the wide area it falls in is stored with your vote.

Location for Promotions: We also use your coordinates to list the promotions nearest to you, and again when you claim one, to check that you are at the venue. Those coordinates are used to answer the request and are not stored.

Privacy Controls: You can disable or revoke location permissions at any time in your device settings, though this may prevent you from participating in live polls or claiming promotions.

7. Promotions and Partner Offers

Whose Offer It Is: A promotion is made and honoured by the partner venue, not by us. We show you the offer and confirm your claim. What you actually receive, and whether it is any good, is between you and the partner. We are not a party to that transaction and do not guarantee that a partner will honour an offer or stay open.

Claiming: To claim, you have to be at the venue - the App checks your location against the partner's and refuses the claim if you are not close enough. You can claim a given partner's offer once per night, and a night rolls over at 6AM local time rather than at midnight, so one night out counts once.

Limits: A partner may cap how many claims it gives out in a day, or in total. Once a cap is reached the promotion stops being available to everyone, and we make no promise that an offer you have seen will still be there when you arrive.

What the Partner Sees: The confirmation screen you show at the counter carries your name and profile photo, so staff can see the claim is yours. That is all the partner is shown about you.

No Cash Value: Promotions have no monetary value. They cannot be exchanged for cash, sold or transferred, and either the partner or we may change or withdraw them at any time.

Fair Use: Claiming an offer you are not present for, or interfering with the location check in order to claim one, is a breach of these Terms and may result in your account being suspended.

8. Privacy and Data Protection

Data Collection: By using the App, you consent to the collection of personal data (e.g., name, phone number, profile photo, date of birth) and, optionally, demographic data (university, relationship status) as described in our Privacy Policy.

Data Usage: Your data is used exclusively to operate and improve the App. We do not engage in targeted advertising.

Data Protection: We implement strict security measures and comply with applicable data protection laws, including the GDPR and Portuguese national legislation (Law No. 58/2019 of August 8).

User Rights: You have the right to access, correct, or delete your data. Contact us at [email protected].

9. Intellectual Property

All intellectual property rights related to the App and its content are owned by Expansive Verity, LDA, or its licensors. Your use of the App does not grant you any rights or licences over this intellectual property.

10. Termination

Termination by Us: We may suspend or terminate your account at any time, with or without cause, with prior notice whenever required by law.

Termination by You: You may close your account at any time through the App settings. Upon termination, your data will be deleted, except where retention is required by law.

11. Limitation of Liability and Disclaimers

Use at Your Own Risk: The App is provided "as is," without any warranties. Your use of the App is at your own risk.

Limitation of Liability: We shall not be liable for any indirect, incidental, or consequential damages resulting from your use of the App. Our total liability is limited to any fees paid for accessing the Service, if applicable.

Poll Results: Poll results reflect community votes at the time of closing. We do not guarantee that venues will be open, available, or as expected on any given night.

12. Modifications to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the App, email, or other appropriate means. Continued use of the App after such changes constitutes acceptance of the updated Terms.

13. Governing Law and Jurisdiction

These Terms are governed by Portuguese law. Any disputes arising from the use of the App shall be subject to the exclusive jurisdiction of the Portuguese courts. If you access the App from outside Portugal, you are responsible for complying with applicable local laws.

14. End-User License Agreement (EULA)

Abusive Behaviour: We maintain a zero-tolerance policy for inappropriate content, abusive behaviour, or any attempt to manipulate poll integrity. If you encounter such incidents, report them immediately at [email protected].

Reporting: We will investigate all reports and take appropriate action.

15. Contact Us

If you have any questions or concerns about these Terms or our data practices, contact us at:

[email protected]

Thank you for using FOMO! 🚀