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FomoFi Ltd. (here onwards "FomoFi", "we", "us" or "our") is a registered company in the United Kingdom, and regulated under the Companies Act 2006. Our registered office is at 128 Baker Street, Marylebone NW1 6XE London, United Kingdom.
Like any asset, the value of Digital Assets can be highly volatile. Buying, selling, holding, or investing in Digital Assets carries a significant risk of financial loss. You should carefully consider whether engaging in such activities is appropriate for you, based on your individual financial situation.
You can use our Risk Warning Policy to understand the possible risks involved, or how they may apply to your specific circumstances.
The purpose of this policy is to outline key risks, it may not cover all possible risks or how they may apply to your specific circumstances. We strongly recommend reading it thoroughly.
It is crucial that you fully understand the risks associated with investing in FomoFi, and consider seeking independent financial or legal advice before proceeding. We strongly recommend that you carefully review this risk disclosure notice in its entirety before registering with us. This notice should be read in conjunction with other policies and legal documents available on our website.
We reserve the right to update this, or any other policy on our website periodically. By agreeing to our terms and conditions, you accept being bound by the latest updated version of our policies.
We do not provide personal advice in relation to our Services. We sometimes provide factual information, information about profit margins calculations, strategies to manage risk, transaction procedures and financial education. However, any decision to use our services is made by you. No communication or information provided by us is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice.
You are solely responsible for determining whether any investment, investment strategy, investment plan, investment package or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance.
FomoFi is not a broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with decisions or activities you undertake on our platform.
We expect that clients bear full responsibility for assessing their financial resources, risk tolerance, and overall understanding of the risks associated with investing in Digital Assets. We do not evaluate whether the products or services we offer are suitable for you.
We do not monitor whether using FomoFI is consistent with your financial goals, objectives, or financial situation. It is entirely your duty to assess whether any activity that you engage in is appropriate given your financial position and risk appetite.
It is your sole responsibility to determine what taxes you might be liable to, how and when they apply, and meet such tax obligations when transacting through our platform.
It is your responsibility to report and pay any taxes that may arise if you profit from investing with any of our products, and you acknowledge that we do not provide legal or tax advice in relation to these transactions.
If you have any doubts about your tax status or obligations when using our platform, or with respect to the Digital Assets, you are encouraged to seek independent advice.
You also acknowledge that, when, where and as required by Applicable Law, we shall report information regarding your transactions, transfers, distributions or payments to tax or other public authorities. Similarly, when, where and as required by Applicable Law, we shall withhold taxes related to your transactions, transfers, distributions or payments. Applicable Laws could also prompt us to request that you provide additional tax information, status, certificates or documentation or other information.
You acknowledge that failure to comply with these requests within the specified timeframe, may result in FomoFi withholding taxes and remit it to tax authorities as defined by Applicable Law. You are encouraged to seek professional and personal tax advice regarding the above and before investing on our platform.
While we aim to deliver a seamless user experience, we cannot guarantee that our platform will not be subject to unplanned service outages or network congestion. It may not be possible for you to deposit or withdraw Digital Assets when you wish to do so.
There are legal requirements in various countries which may restrict the products and services that we can lawfully provide.
Accordingly, some products and services and/or certain functionality within the Platform, including but not limited to cryptocurrencies and fiat currency, may not be available or may be restricted in certain jurisdictions or regions or to certain Users.
Users to whom restrictions apply, are responsible for informing themselves about, and observing any restrictions and/or requirements imposed with respect to, the access to and use of our platform in their jurisdiction.
We reserve the right to modify such restrictions or impose additional restrictions with respect to the access to and use of our Platform from time to time in its sole discretion without notification.
Third parties, such as payment providers, custodians, digital asset wallet service providers may be involved in the provision of Services. You may be subject to the terms & conditions of these third parties. Unless expressly provided otherwise, we will not be responsible for any loss that may be incurred by you as a result of or arising from the services provided by such third parties.
The nature of Digital Assets exposes them to an increased risk of cyberattack. While FomoFi uses all reasonable efforts to safeguard Digital Assets and protect the Platform from cyberattacks, it is not possible for any exchange to eliminate security risks entirely. There can be no guarantee that systems in place to mitigate cybersecurity threats will always be effective to prevent improper access to the Platform and Digital Assets.
You are responsible for keeping your FomoFi account information safe. You will be responsible for all the deposit and withdrawal Transactions under your account, whether you authorised them or not. Transactions in Digital Assets may be irreversible, and losses due to fraudulent or unauthorised transactions may not be recoverable.
It is your sole responsibility to educate yourself on the different types of cyber attacks and security risks associated with making deposits and withdrawals on the internet and blockchain.
Given the nature of Digital Assets and their underlying technologies, there are a number of intrinsic risks, including but not limited to:
FomoFi provides electronic communication channels such as email and live chat, to facilitate client interactions. While these methods are generally reliable, technical issues may arise.
If you choose to register with us, or when you communicate with us, you acknowledge the inherent risks, including potential failures, delays, security vulnerabilities, or messages not reaching their intended destination at the intended time.
Most Digital Assets operate without a central authority and are generally not backed by any government or authority. Changes in laws and regulations may materially affect the value of Digital Assets. This risk is unpredictable and may vary from market to market.
Further, Digital Assets may not be considered "property" under Applicable Laws in some jurisdictions. This may affect the nature and enforceability of your interest in the Digital Assets.
Legislative and regulatory changes may adversely affect or restrict (as applicable) the use, transfer, exchange and value of Digital Assets, as well as accessibility to our products and services in certain jurisdictions. Legislative and regulatory changes may occur quickly and without prior notice.
It is your sole responsibility to determine how the legal regulations in relation to digital assets apply to your specific situation.
Our ability to return your investment or digital asset may be adversely affected or delayed due to various different factors which are including but not limited to, network errors, or extreme volatility in the markets.
In extreme and exceptional circumstances, we may have insufficient liquid assets immediately available to satisfy requests urgently and in a timely manner.
While we have processes in place to monitor, manage and minimise risk, we may spread out risk concentration, by for example, temporarily limiting the maximum amount that a user is able to withdraw.
FomoFi may offer users physical gifts including but not limited to: earbuds, smartwatches, iPhones, laptops, or vehicles (collectively, "Physical Gifts") as part of upgrades, promotional campaigns or reward programs.
By participating in any program offering Physical Gifts, you acknowledge and accept these risks and limitations, and you agree that FomoFi shall not be liable for any loss, damage, delay, tax liability, or inconvenience arising from the delivery, use, or receipt of such items.
While we aim to ensure a smooth and timely experience, users should be aware of the following risks and limitations associated with the receipt of such items:
This disclosure outlines the risks associated with the potential depegging of stablecoins, including (without limitation) USD Coin (USDC) and Tether (USDT), from their intended 1:1 parity with a commodity or denomination of fiat currency.
Stablecoins are designed to maintain a stable value relative to a commodity or denomination of fiat currency. For example, USDT is designed to maintain a stable value relative to the US Dollar (USD). However, market conditions, regulatory changes, or operational failures may cause stablecoins to deviate from their intended 1:1 parity. Such deviations, commonly referred to as "depegging," could result in significant price fluctuations or loss of value.
Depegging events may lead to reduced liquidity for the stablecoin, impacting the ability to execute trades or result in the stablecoin asset no longer being accepted as eligible.
The value of stablecoin typically depends on the creditworthiness and operational resilience of its issuer. Any doubts regarding the issuers' ability to back the stablecoins with sufficient reserves may amplify depegging risks.
As stablecoins are centrally issued, they are subject to counterparty risks, including potential regulatory actions or operational failures by the issuers. Legal or regulatory measures against stablecoin issuers or related parties may impact the stability or usability of their stablecoin. Cyberattacks, technical malfunctions, or other operational issues affecting the issuers could also trigger, or increase the risk of, depegging.
You are encouraged to monitor market conditions, issuer announcements, and regulatory developments that could affect the stability of any stablecoin you may use.
A depegging event in one particular stablecoin may have a contagion effect, negatively impacting market sentiment towards other issues of stablecoin or the trading venues that have used or otherwise facilitated trading activity involving that stablecoin (particularly where that stablecoin may have been used as collateral or for settlement of transactions).
There is no guarantee that any stablecoin, including USDT will maintain their 1:1 parity with the reference asset/currency under all circumstances. Users should conduct independent assessments and understand the risks associated with holding or using these stablecoins.
You should consider devising your own financial strategy to mitigate the potential impact of depegging risks.