Turkish

Terms of Services

Article -1              Parties and Scope

1.1           The terms of this agreement (“Terms of Services” “Terms” or “Agreement”) govern the relationship between  the person (“User”) that downloads, access and/or uses the games, whether computer, on a mobile device, on website www.fomo.gs  (the "Website") or any other website, device or platform such as Apple App Store, Google Play App Store, Amazon App Store or on Facebook (each a "Game" and together the "Games") of Fomo Oyun Yazılım ve Pazarlama Anonim Şirketi, a Turkish Citizen having his residency at Esentepe Mh. Kore Şehitleri Cd. No:4 Propa Plaza Blok No: 4-6 İç Kapı No: 35 Şişli İstanbul with MERSİS No: 0388128349700001 (“Fomo”). These terms also apply to any other services that Fomo may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that Fomo may operate (all of Fomo Games and other services collectively as the "Services" in these terms). These terms are a legal agreement and contain important information about the rights and obligations of User in relation to the Services.

1.2           Fomo (“We”, “Us” “Our”) and the User (“You”, “Your”) hereinafter shall be each referred to as Party and jointly as Parties.

1.3          Each provision of these Terms of Services is significant and should be carefully reviewed, as they contain important clauses that may substantially impact YOUR LEGAL RIGHTS AND OBLIGATIONS.

If you do not agree to these Terms, you should not use our Services.

Please review our Privacy Notice to understand what information we collect and how we use it, and what options you have when using our Services. You consent to our use of your personal data as described in our Privacy Policy, except where applicable laws require us to obtain your consent through different means.

Article -2              Subject Terms

2.1           Fomo continuously updates, changes, and develops its online and mobile games and other Services at its own discretion. Users can therefore only participate in the respective online game, mobile game, or other offer in its respective form provided at any given time. Fomo retains the right to cease operating an online or mobile game or remove a specific service without any reason. Fomo retains the right to update, or change these Terms any time; any such modifications will be announced to Users through proper means and will become effective immediately. Unless otherwise required by law, by continuing to use Fomo’s Services following the publication of the updated Terms, the User is considered to have accepted the new Terms from their effective date.

2.2           Users are responsible for ensuring that their own software and hardware is suitable and up to date.

2.3           In addition to these Terms of Services, any existing rules of the respective online or mobile game shall also apply.

2.4           In case that User does not agree to these Terms of Services or any future updated version of them, then User is not allowed to access and/or use, and/or use of, any of our Services. If any future update to these terms requires any action from User in order to comply with updates Terms of Services, access to the Services shall be suspended until such action is done.

Article -3              Grant of License

The Services are available for use only by authorized end Users in accordance with the terms and conditions set forth in this Agreement and the applicable law and other Fomo policies. Fomo grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license subject to the limitations provided herein to access and use the Service using a personal computer for the Service or a mobile device for the Apps. Services offered by Fomo are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited. In that vein unless otherwise expressly permitted by Fomo, User shall not sell, copy, exchange, transfer, publish, assign, make available to public, copy or otherwise distribute anything that User obtains or derives from the Service. All rights, title, and interest in and to our Services and Games are owned by Fomo in accordance with applicable copyright laws and other intellectual property laws. Users do not, under any circumstances, acquire any intellectual property ownership rights in or to the Services or Games.

Article -4              Access and Use of Services

4.1          When User uses the Services, User agrees to these Terms of Services. Users must comply with the laws to be applied in the location from which they access the Services. If any laws applicable to User restrict or prohibit User from using the Services, User must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.

4.2           User promises that all the information provided to Fomo on accessing and/or using the Services is and shall remain true, accurate and complete at all times.

4.3           The specific game rules, scoring rules, controls and guidelines for each game can be found within the game itself. Such rules, scoring rules, controls and guidelines form part of these terms and User to comply with them in respect of each individual game which User chooses to access and/or play.

4.4           User is responsible for the internet connection and/or mobile charges that it may incur for accessing and/or using the Services.

4.5           There may be times when Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

4.6           User agrees and acknowledges that under no circumstance it will not do, cause others to do, or encourage others to do any of the following actions, including but not limited to:

a)     use the Services contrary to this Agreement or any other Fomo policies or as in violation of any applicable law

b)     improperly use the Services or use Services to harm anyone or to cause offence to or harass or threaten or abuse any person

c)     access or use the Services when it is prohibited by the laws that apply to User, or as requested by Fomo

d)     engage in any act that Fomo deems to be in conflict with the spirit or intent of the Services;

e)     disguise, anonymise or hide IP address or the source of any Content that User may upload

f)      abuse Fomo’s identity verification and login credential systems

g)     create fake or false accounts on behalf of others

h)     use the Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications

i)      remove or amend any proprietary notices or other ownership information from the Games or any other part of the Services

j)     interfere with or disrupt the Services or servers or networks that provide our Services

k)     attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to disable or defeat any of the codification and security measures

l)      'harvest', 'scrape' or collect any information about or regarding other people that use the Services, including, but not limited to any personal data or information

m)      deliver, sell, abuse or enable any third Party to use virtual currency or additional content such as in-game items, customization elements, maps, building accelerations, avatars (“Virtual Items”) or any other items related to Account

n)    use the Services in a manner to violate intellectual property rights, privacy or other proprietary rights of Fomo or others

o)     engage in any illegal activity or conduct defamatory, slanderous, pornographic, obscene, hateful, racist, or other inappropriate behavior while using Fomo’s Services

p)    make unauthorized payments by using someone else’s card information without permission.

4.7 Access of Children.  By using the Website, Users represent that they have the legal capacity to enter into a binding agreement. Accordingly, minors and children should not use the Website without parental control and parental approval.  The applicable age restriction for Games and Services is determined separately for each platform. Therefore, every user on each platform—including children subject to parental controls—must comply with the relevant age restrictions, and Users who do not meet the required age must stop accessing the Services and Games.  Compliance with age restrictions is the sole responsibility of the user and, if applicable, their parent or legal guardian.

The Website does not knowingly collect or store any Personal Information from children or under the relevant age threshold in other jurisdictions where the child is located. If the Users are under the relevant age threshold in the jurisdiction where they are located, they cannot use the Website without the permission of their parent or guardian. If a parent or legal guardian permits a minor or child to access the Services, then the parent or guardian agrees to be bound by these Terms and any applicable laws in connection with such use.

Fomo may collect technical information required for delivering the service and for the support of internal operations from all Users of the Website.

Article -5              Accounts

5.1        To access some elements of the Services or in order to use and benefit from the Services, User needs to create an account (“Account”). User agrees to always provide Fomo with true information and to keep that information updated. The log in detail such as password and usernames shall be under the control of user and user shall provide the safety of such log in details.

5.2         Users agree that they shall not give log in details to anyone else or allow anyone else to use log in details or account and shall not provide access to any other third Party to use its Account.

5.3         Fomo assume that anyone logging into the Account using log in details is User. If User fails to keep the login details secret, or if shares login details or account with someone else (whether intentionally or unintentionally), User accepts full responsibility for the consequences of this (including any unauthorized purchases) and agrees to fully compensate Fomo for any losses or harm that may result.

5.4          In case of any unauthorized access to the log in detail or the Account or any suspicion related thereto the User shall promptly notify the Fomo. In this case or in the event that Fomo has concrete evidence of misuse of data, Fomo has the right to temporarily block access to or permanently delete the user's account.

5.5           To the extent permitted by applicable law, Fomo will not be responsible to User for any loss that User suffer as a result of an unauthorized person accessing the account and/or using Fomo’s Services and Fomo accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

5.6           User acknowledges and agrees that no ownership or other property interest in any account that it creates using any of the Services are granted to User.

5.7           User shall not create an Account or access the Services if its User is under the required minimum age that is separately determined with respect to each platform. Fomo does not accepts any responsibility for any unauthorized use of the Services by minors and any use of the credit card or other payment instrument by minors.

5.8           Fomo is entitled to suspend, terminate, modify or delete any of these Accounts upon its sole discretion.

5.9           User account is personal. User is not entitled to transfer its account to any other person.

5.10         User shall not;

a)     use another person or entity’s email address in order to sign up to use Services for fraudulent or abusive purposes (including, without limitation, by using Services to impersonate any person or entity, or otherwise misrepresent an affiliation with a person, entity or Services);

b)     sell, rent or give away the Account, create an Account using a false identity or information, or on behalf of someone other than itself;

c)     create more than one account per platform to access Services;

Article -6              Ownership, Content and Copyright

6.1           All rights, title and interest in and to the Games and Services including but not limited to intellectual property rights under Industrial Property Law no. 6769 and Law on Intellectual and Artistic Works no. 5846 (“FSEK”) (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, economic rights, moral rights, neighboring rights, character profile information, virtual items, recordings of games) are owned solely by Fomo and are protected by local and international intellectual property rights. Fomo reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its Games and the Services.

6.2           Notwithstanding any provision to the contrary herein, Users also acknowledge and agree that Users have no right, title, or intellectual property right in or to any content that appears in the Services, including without limitation the Virtual Items appearing or originating in any Games, whether earned in a Game or purchased from Fomo, or any other attributes associated with an Account or stored on the Services.

6.3           The Services and Website may include contents which may be subject to proprietary rights of other parties including intellectual property rights. Users may not edit, copy, distribute, publicly reproduce, reverse-engineer, republish, modify, download, assign, license, sublicense, reverse engineer, or create derivatives, use for advertising purposes, or use beyond the contractually agreed purposes any of Fomo’s Websites, Services, Games or the content or any portion thereof.

6.4           Users are obliged to abstain from any act causing the proper functioning of Website, any individual services and/or offers. Users are also required to abstain from any measure which may allow unauthorized access to data.

6.5           Fomo disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by Fomo "AS IS," without warranty of any kind, either expressed or implied.

6.6           “User Content” means any communications, images and sounds and all the material, data and information that User upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. User hereby grant to Fomo and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, licensable and sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content for any purpose and in any medium, as well as all modified and derivative works thereof, without compensation to User, together with the authority to exercise the moral rights regulated under Articles 14, 15 and 16 of FSEK, including the right of disclosure to the public, the right of attribution and the right to object to modifications to the work; rights against owners and possessors;  economic rights of adaptation, reproduction, distribution, representation and communication to the public regulated under Articles 20, 21, 22, 23, 24 and 25 of FSEK; and  the neighboring rights regulated under Article 80 of FSEK.

6.7           User agrees not to upload, communicate, transmit or otherwise make available any User Content:

a)          that is or could reasonably be deemed unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;

b)         that is or could reasonably be viewed as infringing of another's privacy and publicity

c)          could be deemed against fundamental human rights

d)         which infringes any intellectual property right or other proprietary right of others;

e)          which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or

f)           which results in harming functionality of any computer software or hardware or telecommunications equipment in any manner

6.8           As part of our security procedures and to prevent our Service from being used for any purpose that is unlawful or outside the scope of its intended use, during the play of this game, we may monitor or record in-game activities. We reserve the right to observe and track how Fomo Services are used (though we are not required to do so), both through our servers and on your device or computer, for various reasons including preventing fraud and cheating, minimizing harmful user conduct, and enhancing the Fomo Services. Please ensure you review our Privacy Notice for essential information about how we collect and handle data related to your use of the Fomo Services.

6.9         The User agrees to comply with all applicable copyright and intellectual property laws and will be solely responsible for any infringement of third-party rights arising from any User Content provided, transmitted, or made available through their account on the Services. The burden of proving that the User Content does not violate any laws or third-party rights rests solely with the User. If User becomes aware of or reasonably suspects any infringement of copyright or trademark rights belonging to Fomo or third parties within the Games and Services, the User must promptly notify us of such infringement. Fomo reserves the right to remove or delete any User Content at Fomo’s sole discretion, without prior notice.

6.10        Should you be a copyright holder or authorized representative who believes that content within our Services violates your copyright interests and wish to request removal of such content, please contact us through our designated channels and provide the following required information: (i) clear identification of the copyrighted material you claim has been infringed, or where multiple copyrighted works are involved in a single notification, provide a representative listing of such materials; (ii) specific identification of the allegedly infringing material that requires removal or access restriction, along with sufficient details to enable us to locate such material within our Services; (iii) adequate contact information to facilitate communication with you, including postal address, telephone number, and email address; (iv) a declaration made in good faith that the complained-of use of the material lacks authorization from the copyright owner, their representative, or applicable law; and (v) an attestation that the notification information is accurate and, under penalty of perjury, that you possess proper authorization to act on behalf of the owner of the exclusive right allegedly being infringed. The notice must bear your signature to be valid.

Article -7              Use of Communication Facilities

7.1           The Services may procure communication facilities such as forums, information groups, chats, blogs, fun pages or other types of online discussion areas (collectively known as "Forums") Services which User may post information. The information to be posted is not subject to the prior control of Fomo.

7.2          Users take full responsibility for the content and entries they post. Users agree to release Fomo from any legitimate claims from third parties arising from a culpable violation of the Users' obligations. However, Users shall grant Fomo the permanent, irrevocable, licensable and sub-licensable, transferable, non-exclusive, worldwide, paid-up right to use the content and contributions posted by the users.  

7.3          User undertakes not to:

a)          place online or reveal via the Services any real personal information concerning a User;

b)          place online or reveal information which is not generally related to the designated topic or theme of the public Forum in question;

c)          place online or reveal information which is inappropriate or disrespectful of the usual or targeted Users of the Forum; or

d)          harass or disparage other users on the Forum by way of private or public messages.

e)          violates an applicable law,

f)           violate any kind of rights of third parties;

g)          submit obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;

h)          provide content of an abusive, harassing, or defamatory nature;

i)           include personal data of third parties without their explicit consent;

7.4           In all cases, Fomo declines any responsibility for the content opinions, instructions and other applicable intent published and viewed on such Forums.

7.5           Fomo also has the right to exclude Users violating these Terms of Services from all and any kind of Services that Fomo is providing or will be providing. Users must comply with Fomo’s request for deletion or correction of any inappropriate User Content as explained in Article 7.3 above.

Article -8              Fees

8.1           Within certain Services, Fomo may offer User the possibility of ordering certain subscriptions, in-game to be purchased with “real world” money a limited, non-transferable, non-licensable and non-sub-licensable, revocable license to use which Virtual Items, or other goods and services once added to User Account, to be used to maximize the experience within the game or within the application. Virtual Items do not represent any monetary value, and are not considered money, financial instruments, or means of payment. User will need to have an Account to be able to purchase and use such subscriptions, in-game virtual currency or additional content. In such event, the Terms of Services or any additional term and services to be published by Fomo and will apply and shall be integrated to these Terms.

8.2           Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available in online or mobile game.

8.3           Except when explicitly authorized by Fomo, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, User may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) Fomo does not recognize any such purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of rights to use the Virtual Items and may result in termination of User’s Account. All Virtual Items are forfeited if the Account is terminated or suspended for any reason, or if Fomo discontinues providing the Services.

8.4           User agrees that it will not assert or bring any claim against Fomo, its affiliates, directors, officers, employees, agents or licensors relating to (i) a claim that User own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of its account or modification, termination or expiration of these terms.

8.5           User agrees that all sales by Fomo are final, User is not entitled to claim any right, compensation, damage, refund for the Virtual Items or additional items. User’s refund requests are evaluated by Fomo in accordance with applicable law, and if conditions are met, the refund is processed accordingly.

8.6          Transaction processing may be conducted through external payment platforms. Users bear the responsibility for examining and understanding the terms and conditions governing such external platforms. Prior to finalizing any transaction, Users will be provided with an opportunity to review all applicable charges and fees. Should Users encounter any difficulties concerning payment processing, refund requests, or transaction cancellations, direct communication with the respective payment platform is required. We disclaim responsibility for mediating or resolving payment-related disputes that may arise between Users and third-party payment service providers.

Article -9              Consequences of a Breach Liabilities

9.1           Fomo is not liable for damages resulting from a User’s breach of its obligations and liabilities.

9.2           Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Fomo to take the following actions against any User violating the applicable law, third party rights, these Terms of Services, or any respective additional regulations to be applied by Fomo:

a)     remove content,

b)     temporarily or permanently block a user from Services and Website,

c)     disable the Account of such user from certain features,

d)     immediately terminate the Agreement,

e)    recourse to any legal remedies available to Fomo

9.3           If User has been blocked or excluded, they may not log in again to a Service provided by Fomo without the prior consent of Fomo. Users may have no Claim against Fomo for blocking, restricting or excluding Users due their breach of these Terms or the applicable law.

We disclaim liability for any loss or damage arising from the deletion, limitation, or alteration of User Content. Should you determine that particular content breaches these Terms, you may submit a report to Us, and We shall respond according to our sole judgment and discretion.

Article -10            Indemnity

10.1         As between the Parties, Fomo shall not be liable to the extent allowed by the applicable law, for any indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or use, incurred by licensee or any third party, whether in an action in contract or tort (including negligence), or any other legal theory, even if provider has been advised of the possibility of such damages. In no event will provider’s aggregate liability under this agreement exceed the fees paid to Fomo by User. This limitation applies regardless of whether other provisions of this Agreement have been breached or have proven ineffective. The existence of more than one claim will not enlarge or extend these limits.

To the greatest extent allowed by applicable law, you agree to hold harmless Fomo and its subsidiary companies, directors, staff, representatives, and other related entities from any responsibility, legal actions, requests, and harm of all types—whether disclosed or undisclosed, immediate or resulting—that originate from or are associated with conflicts involving other users or the conduct or negligence of external parties.

10.2         User will indemnify, defend and/or settle, and pay damages awarded pursuant to, any third party claim brought against Fomo, which alleges that the use of the Service violates any law, or violates, infringes upon or misappropriates any intellectual property rights, publicity/privacy rights or that the any act of the User that violates any applicable law, any of the provisions under these Terms, or other right of a third party.

Article -11           Limitation of Liability & Disclaimer of Warranty

11.1         The service and documentation are provided “as is” and “as available”. To the extent permitted by law, Fomo makes no warranties or representations relating to the service, express or implied, statutory or otherwise, and expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose or merchantability. Fomo does not warrant that the Service will satisfy User’s requirements and that the Service is without defect or error or that operation of the service or website will be uninterrupted.

11.2         To the extent permitted by law, Fomo hereby expressly disclaims all warranties of any kind, expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

11.3         Fomo makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of its information, software, or services. Fomo makes no warranty, representation, or guaranty that the information, products, or services will be uninterrupted or error free or that any defects will be corrected. User acknowledges that provider does not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Fomo is not responsible for any delays, delivery failures, or other damage resulting from such problems.

11.4        To the extent permitted by law, in no case shall Fomo be held liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, or revenue; reliance on the materials presented; delays; or business interruptions arising out of or in connection with the use or performance of Fomo information) regardless of whether Fomo has been advised of the possibility of such damages.

Article -12           Modifications

12. 1    Fomo retains the right to modify, suspend or terminate these terms and conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the competent legal organs, (c) because of technical necessity, (d) in order to maintain company operations, (e) in the event of a change in market conditions, (f) for the benefit of the User, (g) upon the sole business discretion of Fomo. This right includes, without limitation, the addition of new functionalities, the removal of certain features, the implementation of technical improvements, and compliance with legal and regulatory requirements. Users will be informed of substantial amendments to the general terms and conditions via the proper means reasonably before the amendment is scheduled to take effect. Alternatively, Fomo upon its sole discretion may send its Users the amended general terms and conditions via email or inform them that the amended general terms and conditions can be accessed via the Fomo’s websites. User will be deemed to have accepted such changes by continuing to use any of the Services. If at any point User does not agree to any portion of the current version of the Terms of Services, the User must cease accessing the Services or the Games.

Continuation of Rights and Obligations: Specific clauses of these Terms, including without limitation proprietary rights, liability limitations, and indemnification duties, shall remain in effect following the termination or expiry of your access to the Services. Termination of your Account shall not discharge you from any outstanding payment duties or liabilities that arose prior to such termination.

Article -13           Miscellaneous

13.1         Assignment User shall not have the right to transfer or otherwise dispose of, whether in whole or in part, the Agreement or the rights and obligations resulting from this Agreement without approval of the Fomo.

13.2         Waiver No waiver by any Party of any condition contained in this Agreement, and no waiver by any Party of any breach of any term, covenant, provision, or agreement contained in this Agreement, in any one or more instances, shall constitute or be deemed to be either (i) a waiver by such Party of any other condition contained in this Agreement or a waiver by such Party of any other breach of any term, covenant, provision or agreement contained in this Agreement, or (ii) a continuous waiver by such Party of such condition of such breach.

13.3         Entire Agreement   This Agreement supersedes all prior agreements, negotiations, undertakings, representations, warranties and promises between the Parties with regard to the subject matter hereof and contains, the sole and entire Agreement between the Parties in respect of the matters covered hereby. 

13.4         Severability If any of the provisions of this Agreement is or becomes invalid, illegal or unenforceable for any reason, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired. The Parties shall nevertheless negotiate in good faith in order to agree the terms of mutually satisfactory provisions, achieving as closely as possible the same commercial effect, to be substituted for the provisions so found to be void or unenforceable.

13.5        Partnership Nothing in this Agreement is intended to be construed so as to constitute User and Fomo as partners or joint ventures, or either party hereto as the employee, franchisee or legal representative of the other party.

13.6         Notices Fomo may notify User via postings https://fomo.gs on app-store pages of the games, in the games, via e-mail or any other communication means using contact information provided to Fomo. All notices given by User or required from User under these Terms of Services or the Privacy Policy will be done to hello@fomo.gs and will include the full name and a detailed description of reasons for contacting Fomo.

13.7 Force Majeure Fomo may not be held liable for any delay or failure to perform any of the obligations under these Terms resulting from events or circumstances beyond Fomo’s reasonable control. Such events may include, but are not limited to, natural disasters, acts of war, terrorism, civil unrest, government actions or restrictions, fires, floods, accidents, labor disputes, shortages of transportation, fuel, energy, materials or workforce, pandemics, epidemics, or any other unforeseen events or conditions that prevent or hinder the performance of Fomo’s contractual duties. In the occurrence of such events, Fomo’s obligations are suspended for the duration of the disruption.

13.8         Governing Law and Dispute Resolution. These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Türkiye. In consumer disputes arising out of these Terms of Service, the Consumer Arbitration Committees located at your place of residence or at the place where the consumer transaction was conducted shall have jurisdiction within the monetary limits announced annually by the Ministry of Trade of the Republic of Türkiye. For disputes exceeding such monetary limits, the Consumer Courts shall have jurisdiction, provided that mediation has been undertaken prior to filing a lawsuit. The Parties hereby agree to the non-exclusive jurisdiction of the Istanbul (Çağlayan) Courts and Enforcement Offices.

13.9         Costs   All costs, expenses, transfer fees, taxes, duties or charges (including stamp taxes) directly linked to the execution of this Agreement shall be borne equally by Fomo and User.

13.10 Export Laws. You shall adhere to all applicable national and international export legislation and regulations (as may be modified periodically) governing the Services, Virtual Items, or your Account, including limitations on destinations, end-users, and usage. You agree not to utilize, export, re-export, download, or otherwise transfer any component of the Services, Virtual Items, or your Account to (or to any citizen or resident of) any nation subject to U.S. trade embargoes, or to any individual appearing on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List and other sanctions registers maintained by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not situated in, controlled by, or a citizen or resident of any embargoed nation, and that you do not appear on the Specially Designated Nationals or Blocked Persons List.

Contact Us.

If you have any questions or concerns about the Services, Virtual Items, your Account, or this Agreement, please contact us. We provide a single point of contact for you to communicate Fomo. We try to review and respond to all support tickets as soon as reasonably practicable.