Terms of Use
1. Definitions
1.1. The following sections define the capitalised definitions of expressions that begin with capital letters. These definitions should be applied consistently, regardless of whether the expressions are presented in the singular or plural:
1.2. FOMO Fighters / The App - is a Mini App available on Telegram, named FOMO Fighters, with its usage rules outlined in this document.
1.3. Company - the legal entity named Fynagine Ltd (Intershore Chambers, Road Town, Tortola, BVI. CN2167079).
1.4. Clan - a group of App Users united within the App for cooperative gameplay, participation in Clan Wars, and other joint activities.
1.5. In-game Coin «Gems» / Coin - a coin that Users may obtain by engaging with the App's functionality and/or purchasing them with Telegram Stars. These In-game Coins are designed solely for use within the App, with their usage governed by the Terms and the App's mechanics.
1.6. Friend - a Telegram messenger user who received an invitation link from you and who is not a member of the App at the time of clicking the invitation link.
1.7. Interface - the visible part of the App.
1.8. $WAR - an in-game token that Users can earn by participating in Clan Wars and other in-game activities, and that is designed solely for use within the App according to the Terms and game mechanics.
1.9. Task - instructions and/or assignments given to Users for the purpose of completing them and obtaining rewards in the form of In-game Coin «Gems» and/or $WAR in the App in accordance with the Terms.
1.10. Third-Party Services - all third-party services to which the FOMO Fighters provides access.
1.11. You / you / User - the individual accessing or using the FOMO Fighters. Each User is permitted to create and maintain only one account in the App.
1.12. Virtual Items – all in-game currencies, tokens, points, resources, boosts, skins, characters, items, or other virtual goods made available within the App, including Gems and $WAR; Virtual Items are not money, are not redeemable, and have no real-world monetary value.
1.13. User Content – any content, data, text, images, or other materials you submit, upload, or make available through the App (including clan names, descriptions, chat messages).
1.14. Telegram Stars – Telegram’s in-app payment instrument used for purchases in the App. Purchases are additionally governed by Telegram’s applicable terms and policies.
1.15. Sanctioned Person – any individual or entity (and those owned/controlled by them) that is subject to sanctions, embargoes, or restrictive measures imposed by the UN, US, UK, EU, or other relevant authorities.
Digital Assets – cryptocurrencies, cryptoassets, tokens, stablecoins, and other blockchain-based or transferable digital assets that may have value outside the App.
2. Acceptance of Terms. Eligibility. Restrictions.
2.1. These FOMO Fighters Terms of Use, and any additional policies or terms mentioned in them, establish a legally binding agreement (collectively, the 'Terms') between you and Fynagine Ltd (Intershore Chambers, Road Town, Tortola, BVI. CN2167079). This agreement regulates your access to and use of the App.
2.2. By accessing or using FOMO Fighters, you acknowledge that you have read, understood and agreed to be bound by these Terms, including our Privacy Policy. Your continued use of the App serves to confirm your agreement to these Terms and any subsequent changes or updates to them.
2.3. You confirm that you have reached the age of majority and possess full legal capacity to use the App under the laws of your jurisdiction. If you are not of legal age or do not have legal capacity, you must not use the App.
2.4. The App is not intended for distribution or use by individuals or entities in jurisdictions where such actions would breach local laws or regulations or impose registration or compliance obligations on us. As a result, it is your sole responsibility to ensure that your use of the App complies with all applicable laws in your jurisdiction.
2.5. You undertake not to use the App for any unlawful purposes, including (without limitation) money laundering, financing of terrorism, fraud, tax evasion, or violation of sanctions laws. If suspicious or unlawful activity is detected, the Company may restrict functionality or suspend access, and may provide available information to competent authorities where required by law. Company may take any action it deems appropriate in its sole discretion to comply with applicable law, including restricting access to the Services and providing information to competent authorities where legally required.
2.6. You understand and agree that the use of multiple accounts for a single User is strictly prohibited. Violation of this rule may result in suspension or permanent banning of all associated accounts.
2.7. You must not send unsolicited invitations or promotional messages about the App (including invitation links) to other Telegram users, and you must comply with all applicable laws, Telegram policies, and anti-spam rules when sharing the App.
2.8. The Company may suspend or terminate access for any spam, deceptive promotion, or other abusive distribution practices.
2.9. Use of the App by residents of the United States is strictly prohibited. By accessing or using the App, you certify that you are not a resident of the United States. If you become a resident of the United States or become aware of anyone using the App in the United States, you should immediately report it to us.
2.10. In addition, you represent that you are not a Sanctioned Person and are not located in, or ordinarily resident in, any jurisdiction subject to comprehensive sanctions or embargoes that would make your use of the App unlawful. The Company may block access from certain jurisdictions and may require you to provide reasonable information to verify eligibility.
2.11. You acknowledge and accept that if it is discovered you have misrepresented your residency, citizenship, or location, the Company reserves the right to take appropriate actions, including but not limited to, immediate termination of your access to the App. Furthermore, you accept full responsibility for any failure to disclose your U.S. location and agree to bear any consequences arising from regulatory claims or actions brought by U.S. authorities against the Company.
2.12. If you access the App via an app marketplace or distribution channel, you acknowledge that your use is also subject to the applicable third-party terms (e.g., Telegram terms and policies). The Company is not responsible for your compliance with such terms.
3. License and Intellectual Property
3.1. Unless explicitly stated otherwise, the App, along with all content and materials within it — including but not limited to designs, city layouts, text, graphics (static or animated), pictures, data, software, sound files (including music and recordings), audiovisual effects, and their arrangement — are the proprietary property of the Company, its affiliates, licensors, or users, as applicable.
3.2. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App solely for your personal, non-commercial, lawful entertainment purposes.
3.3. The FOMO Fighters logo, as well as the names, services, logos, slogans, and trade names associated with Fynagine Ltd products, are either owned by the Company or used under license and are protected by copyright, trademark laws, and international intellectual property agreements.
3.4. Unless explicitly authorized by these Terms, no part of the App or its content may be duplicated, reproduced, compiled, republished, uploaded, shared, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise used for commercial purposes without obtaining prior written consent from the Company. Any mention of products, services, trademarks, manufacturers, or suppliers is provided solely for reference and does not signify endorsement, sponsorship, or recommendation by Fynagine Ltd.
3.5. By creating, uploading, or sharing any content within the App, including but not limited to clan names, descriptions, chat messages, images, or other materials, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use, modify, reproduce, distribute, display, and otherwise exploit such content for any purpose, without compensation to you. The Company reserves the right to remove or modify any user-generated content at its sole discretion.
3.6. If you provide suggestions, feedback, or ideas regarding the App, you grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit such feedback for any purpose without compensation or attribution.
4. App Mechanics. Virtual Items. Purchases. Changes.
4.1. General
4.2. FOMO Fighters is a Mini App on Telegram that allows Users to develop and expand their own in-game city, manage resources, join Clans, and participate in strategic activities including Clan Wars. Users can invite Friends and complete Tasks. Players can earn $WAR through participation in Clan Wars and other in-game activities, and receive In-game Coin «Gems» in the ways described below.
4.3. You acknowledge and agree that all progress, accounts, in-game currency, resources, and virtual items may be modified, reset, or deleted at any time for any reason, including but not limited to technical issues, balance adjustments, or game resets. The Company is under no obligation to compensate you for any such loss.
4.4. Virtual Items (including Gems and $WAR) are provided solely for entertainment and gameplay within the App. Virtual Items are not legal tender, are not Digital Assets or cryptocurrencies, are not redeemable for money or monetary value, and do not represent any property right. You have no ownership interest in Virtual Items; any ‘balance’ shown in the Interface is a limited, revocable license right to access features within the App, subject to these Terms.
4.5. Except as explicitly permitted in the App, you may not sell, transfer, trade, gift, or exchange Virtual Items (including through any external marketplaces or peer-to-peer arrangements). Any attempted transfer is void and may result in suspension or termination.
4.6. In-game Coin «Gems»
4.7. In-game Coin «Gems» is a premium in-game currency that can be purchased with real money through Telegram Stars, as well as earned through certain rare in-game activities and completing specific Tasks. Gems are mainly used to speed up timers, purchase resources, and access some additional game features. The User’s Coin balance is displayed in the App Interface.
4.8. In-game Coin «Gems» can be obtained in the following ways:
4.9. Purchase using Telegram Stars: The User can buy In-game Coins «Gems» through Telegram Stars. The cost is displayed in the App Interface.
4.10. Completion of certain Tasks or special in-game activities.
4.11. Other methods available in the App from time to time, as determined by the Company.
4.12. In-game Coins are not cash and their use is limited by the Terms and App mechanics.
4.13. Refund Policy: Except to the extent required by applicable law or mandatory policies of the Platform/Payment Processor, all purchases of Virtual Items are final and non-refundable, and may not be exchanged for cash or other value. You acknowledge that Company is not required to provide a refund for any reason, and you will not attempt to obtain a refund or reversal through any method (including technical means), except where such refund or reversal is required by applicable law.
4.14. Chargebacks and Payment Reversals: Unauthorized, abusive, or fraudulent chargebacks, payment reversals, or disputes initiated in connection with purchases of Virtual Items may constitute a breach of these Terms and may result in the suspension or termination of your access to the Services, the forfeiture of Virtual Items, and/or any other remedies available to Company. Company may also seek reimbursement of fees, costs, and expenses (including reasonable attorneys’ fees) incurred as a result of such chargebacks or payment reversals, to the extent permitted by applicable law.
4.15. $WAR
4.16. $WAR is an in-game token earned by participating in Clan Wars, seasonal events, and other in-game activities. The User’s $WAR balance is displayed in the App Interface.
4.17. $WAR is a Virtual Item for gameplay only and is not intended to be used as an investment, payment method, or transferable asset outside the App.
4.18. All In-App purchases are for entertainment purposes only. By making a purchase, you do so on a voluntary basis and take full responsibility for your decisions. The App disclaims any responsibility for financial or other consequences caused by in-app purchases.
4.19. To the maximum extent permitted by law, all sales are final and non-refundable once the purchase is completed. The Company does not process payments directly; purchases are processed via Telegram Stars and are subject to Telegram’s payment terms. You are responsible for any taxes, duties, or charges associated with your purchases or use of the App.
4.20. We reserve the right to modify, adjust, or remove any App features, mechanics, balances, or other functionalities at any time without prior notice. This includes, but is not limited to, changes in the costs of buildings, upgrades, resource production rates, Gems pricing, and rewards for participation in Clan Wars or other in-game activities.
4.21. Such changes are made at our sole discretion to improve the App, maintain fair gameplay, and ensure balance. Continued use of the App following any changes constitutes your acceptance of the updated features or mechanics.
4.22. The Company may change the price, availability, or attributes of any in-game items, currency, or resources at any time without obligation to provide refunds, exchanges, or compensation.
4.23. The Company reserves the right to modify, suspend, or discontinue the App, in whole or in part, at any time without notice. The Company shall not be liable for any losses or damages arising from such actions.
5. Prohibited Activities
5.1. Any form of technical automation, including but not limited to bots, scripts, or other automated tools, used to interact with, manipulate, or exploit the App is strictly prohibited. This includes, but is not limited to:
5.2. Automating resource generation, building, or upgrade processes.
5.3. Manipulating timers or accelerating game actions through unauthorized methods.
5.4. Interfering with or gaining unfair advantages in Clan Wars, including but not limited to coordinated actions between multiple accounts, match-fixing, or resource funneling.
5.5. Creating or using multiple accounts for the purpose of unfair gameplay advantages, resource transfers, or influencing Clan performance.
5.6. Using any exploits, bugs, or vulnerabilities to gain benefits not intended by the App's mechanics.
5.7. Refunding Telegram Stars or any equivalent payment method after making in-app purchases, or exploiting payment systems in any way.
5.8. Any activity that disrupts or negatively impacts the balance, economy, or fair play environment of the App.
5.9. Distributing malware, phishing, or other malicious code; attempting to probe, scan, or test the vulnerability of the App or related systems.
5.10. Reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code, except to the extent such restriction is prohibited by applicable law.
5.11. Scraping, data-mining, or harvesting data from the App or Interface without prior written consent.
5.12. Using the App to develop or support a competing product or service, or to commercially exploit the App or its content without written consent.
5.13. Selling, trading, or advertising the sale/trade of accounts or Virtual Items (including via third-party marketplaces).
5.14. Violations of these rules may result in immediate suspension or permanent banning of all associated accounts without prior notice.
6. Termination
6.1. We reserve the right to revoke or suspend your access to the App at any time, without prior notice or responsibility, for any reason, including but not limited to violations of these Terms. Once terminated, your permission to use the App will cease immediately. Any in-game purchases, resources, and achievements will be cancelled and unavailable to you.
6.2. The Company may also limit functionality or access where required by law, to protect the security/integrity of the App, or to prevent fraud or abuse.
6.3. Any sections of these Terms that are meant to remain in effect after termination will continue to apply, including but not limited to provisions on ownership rights, disclaimers of warranties, indemnity obligations, and limitations of liability.
7. Disclaimer. Limitation of Liability. Force Majeure.
7.1. General Disclaimer: FOMO Fighters is provided on an "as is" and "as available" basis, without any guarantees or assurances, whether explicit or implied, regarding its functionality, information, content, materials, or products contained within. By using the App, you acknowledge and agree that you do so entirely at your own risk and solely for entertainment purposes.
No Warranty for Performance: Fynagine Ltd makes no guarantees that the App will fulfill your particular needs, operate without interruption, be timely, secure, or free from errors. We also do not guarantee the outcomes from using the App or the accuracy and reliability of any information obtained through it.
No Warranty for Technical Issues: Fynagine Ltd assumes no liability for any technical issues, including but not limited to server failures, software glitches, artificial intelligence errors, or connectivity disruptions that could impact the App's performance or availability.
7.2. The Company does not guarantee restoration of any lost data, progress, or virtual items, regardless of the cause, including errors, bugs, or unauthorized access.
7.3. No Liability for User Conduct: Fynagine Ltd does not support, guarantee, or take responsibility for the actions or conduct of App users. The Company is not accountable for any content created by users or their activities within the App.
7.4. You understand and agree that the Company is not responsible for disputes, losses, or damages arising from interactions with other Users, including within Clans, Clan Wars, or other competitive modes.
7.5. No Warranty for Third-Party Services: The App may contain links to third-party websites or services that are not owned or managed by Fynagine Ltd. The Company has no control over and accepts no responsibility for the content, privacy policies, or practices of these external websites or services. We advise you to review the terms and policies of any third-party services you engage with. By using such links, you acknowledge and agree that Fynagine Ltd is not liable for any damages or losses arising from your use of or reliance on the content, products, or services provided by these third parties.
7.6. Limitation of Liability for Damages: To the maximum extent allowed by law, Fynagine Ltd disclaims liability for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, goodwill, data, or other intangible losses. This limitation applies to damages resulting from (i) your use or inability to use the App, (ii) unauthorized access to or modification of your data or transmissions, (iii) actions or statements by third parties within the App, or (iv) any other matter related to the App. This limitation does not apply to liability that cannot be limited or excluded under applicable law.
7.7. To the maximum extent permitted by applicable law, the Company’s total aggregate liability for all claims arising out of or relating to the App or these Terms shall not exceed the greater of (a) the total amount you paid for Gems via Telegram Stars in the ninety (90) days preceding the event giving rise to the claim, or (b) USD 100. Some jurisdictions do not allow certain limitations; in that case, liability will be limited to the maximum extent permitted by law.
7.8. Force Majeure: The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, war, terrorism, civil disturbances, internet or telecommunications failures, third-party platform failures (including Telegram), or other unforeseen events.
8. Indemnification
8.1. You agree to defend, indemnify, and protect the Company, along with its officers, directors, employees, and agents, from any claims, liabilities, damages, losses, or costs — such as reasonable legal and accounting expenses — that result from or relate to your use of the App or any breach of these Terms on your part.
8.2. This includes claims arising from your User Content, your interactions with other Users, and your violation of applicable laws or third-party rights.
9. Privacy
9.1. Details about how we collect and use your personal information are outlined in our Privacy Policy. By using the App, you agree to the collection and use of your personal information as described in the Privacy Policy.
9.2. Where you use any Third-Party Services, you may be required to provide information directly to such third parties under their own privacy policies. The Company does not control and is not responsible for third-party data practices.
10. Governing Law
10.1. This Terms is governed by the laws of the BVI and will be interpreted in accordance with those laws, without regard to their conflict-of-law rules.
11. Dispute Resolution
11.1. In case of a dispute, you agree to first attempt to resolve the issue amicably by submitting your complaint to us at dispute@ffgame.team. We will provide a response within 30 calendar days. If the matter cannot be resolved through negotiation, it will be decided in the courts of the BVI.
11.2. You agree that any claim must be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding, to the maximum extent permitted by law.
If any portion of this Section 11.2 is found to be unenforceable, that portion shall be severed and the remainder shall be enforced to the maximum extent permitted by applicable law.
12. Changes to Terms
12.1. We retain the right to revise or amend these terms at any time. By continuing to use or access the App after the updated terms take effect, you acknowledge and accept the changes.
12.2. The User is solely responsible for reviewing the most current version of the Terms. Changes take effect upon publication in the App or otherwise being made available to you.
13. Binding Terms
13.1. By accepting these Terms, you also agree to comply with the Telegram Mini App Terms of Use.
14. Contact
14.1. For any questions about these Terms or to share ideas, suggestions, or feedback, please contact us at support@ffgame.team.
15. Miscellaneous
15.1. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.2. You may not assign or transfer these Terms or any rights or obligations hereunder without the Company’s prior written consent. The Company may assign these Terms without restriction.
15.3. These Terms (together with the Privacy Policy and any in-App rules) constitute the entire agreement between you and the Company regarding the App and supersede all prior or contemporaneous understandings.
15.4. The Company’s failure to enforce any provision will not be deemed a waiver of future enforcement of that or any other provision.
