Terms of Service

TL;DR

We know you’re not going to read every word. Here’s what matters:

Your Content:

You own everything you post. You give us a limited license to display it on Phomo. We don’t claim ownership.

Your Data:

We collect what we need to run the app. We don’t sell it. See the Privacy Policy for details.

The Rules:

Post every day to unlock the feed. No harassment, hate, nudity, or illegal content.One account per person.

Premium:

Premium subscriptions renew automatically. Cancel any time through your Apple or Google account settings. Refunds follow App Store/Play Store policy.

The Catch

If you break the rules, we can suspend or remove your account. Disputes go to arbitration, not court.

1. Who We Are and What Phomo Is

Phomo is operated by Phomo LLC, a Connecticut limited liability company (“Phomo,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Phomo mobile application, website, and all related services (collectively, the “Service”).

By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you don’t agree, don’t use Phomo.

You must be at least 13 years old to use Phomo. If you are under 18, you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf.

2. How Phomo Works

Phomo is a participation-first social app built around one shared daily caption and one daily post. The core mechanic is simple: you post first, then the feed unlocks. Every user on the platform operates under the same rule.

2.a. The Daily Loop

Each day, Phomo publishes a shared caption prompt. To view that day’s posts from others, you must first submit your own post responding to that prompt. Posts must be submitted within the daily window, which resets at midnight local time.

If you miss a day, your feed remains locked until you post the following day. Missed days do not carry over.

2.b. Post Types

• Free accounts: photo posts only.
• Premium tier (paid subscription): photo posts and short video posts (up to 15 seconds).

2.c. Trophies

Trophies are in-app reactions you can award to other users’ posts. Each user receives a limited daily trophy allowance. Trophies can be added and removed within the same calendar day. A removed trophy returns to your daily allowance. Trophies have no cash value and create no property interest of any kind.

2.d. Direct Messages

Phomo includes direct messages (DMs) and group DMs. You can only message users who follow you or whom you follow. Shared posts in DMs remain subject to all Content Rules in Section 6.

3. Your Account

3.a. Registration

You must provide accurate information when creating your account. You may not create more than one account per person. You are responsible for all activity that occurs under your account.

3.b. Account Security

You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately at support@phomosocial.com if you believe your account has been compromised.

3.c. Username and Profile

Your username must not impersonate another person or entity, contain hate speech or slurs, or violate these Terms. We reserve the right to require you to change a username that violates this policy.

4. Premium Tier Subscriptions

4.a. What Premium Includes

Premium is our paid subscription tier. Premium subscribers get access to:

• Short video posts up to 15 seconds
• Ability to give three trophies
• Free trial period for first-time subscribers (length displayed at time of subscription)
• Any additional Premium features we add over time, announced in-app

4.b. Free Trial

If we offer a free trial, it is available to first-time Premium subscribers only. At the end of the trial period, your subscription converts to a paid subscription at the then-current Premium price unless you cancel before the trial ends.

4.c. Billing and Renewal

Premium subscriptions are billed through Apple App Store or Google Play Store, depending on your device. Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel. We do not have access to your payment information; all billing is handled by Apple or Google.

4.d. How to Cancel

Cancel your Premium subscription through your Apple App Store account settings (iOS) or Google Play Store account settings (Android). Cancellation stops future renewals but does not refund the current billing period. You keep Premium access through the end of the paid period.

4.e. Refunds

Refund requests are handled by Apple or Google, not by Phomo directly. Follow the refund process for the platform through which you subscribed. We cannot issue refunds outside of those platforms.

4.f. Price Changes

We may change Premium pricing at any time. We will give you reasonable advance notice before a price increase takes effect on your subscription. Continued use after the price change takes effect constitutes acceptance of the new price.

5. Your Content

5.a. You Own What You Post

You retain all ownership rights in the content you post to Phomo, including photos, videos, captions, and messages (“User Content”). We do not claim ownership of your User Content.

5.b. The License You Give Us

By posting User Content to Phomo, you grant Phomo LLC a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, reproduce, modify (for format/technical purposes), distribute, and display your User Content solely for the purpose of operating and improving the
Service. This license survives deletion of your content and closure of your account. Phomo may continue to use, display, reproduce, and distribute your User Content after deletion or account closure, including in cached copies, promotional materials, and marketing activities. To revoke this license with respect to specific User Content, you must send a written revocation request to Phomo LLC by email to support@phomosocial.com or by mail to the address listed in Section 16. Revocation is not effective until Phomo confirms receipt in writing, and does not affect any use of the content that occurred prior to the effective date of revocation.

5.c. You Are Responsible for Your Content

• You represent and warrant that:
• You own your User Content or have all necessary rights to post it.
• Your User Content does not infringe any third-party copyright, trademark, privacy, or other rights.
• Your User Content complies with these Terms and all applicable law.

5.d. Deleting Your Content

You can delete your posts at any time. Deleted content is removed from public view promptly. Copies that were cached, backed up, or shared by others before deletion may persist for a limited time on our systems or in others’ message threads.

6. Content Rules

These rules apply to everything you post, share, or send on Phomo, including posts, DMs, usernames, and profile information.

6.a. Not Allowed

You may not post, share, or promote content that:

• Harasses, bullies, or threatens any person
• Contains hate speech targeting anyone based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or similar characteristics
• Depicts or solicits sexual content involving minors under any circumstances
• Contains nudity or sexually explicit content
• Depicts graphic violence or content designed to cause real-world harm
• Promotes, facilitates, or glorifies suicide, self-harm, or eating disorders
• Contains spam, fraudulent schemes, phishing attempts, or malicious code
• Impersonates another person or entity in a misleading way
• Shares another person’s private information without their consent (doxxing)
• Violates any applicable law, including laws governing copyright, defamation, or illegal goods and services
• Promotes, recruits for, or glorifies terrorism, violent extremism, or mass violence
• Attempts to groom, exploit, solicit, or make inappropriate contact with minors
• Infringes any third-party intellectual property right, including copyright or trademark
• Advertises, sells, or facilitates the sale of regulated, controlled, or illegal items, including drugs, firearms, or counterfeit goods
• Spreads health or safety misinformation that could cause real-world harm
• Uses or coordinates fake accounts, artificial engagement, or other inauthentic behavior to manipulate the platform or public discourse
• Uses synthetic or AI-generated media (including deepfakes) to deceive, harass, or impersonate any person

6.b. Reporting

If you see content that violates these rules, use the in-app Report function. We review reports and take action based on our Content Moderation Policy. We cannot share details of enforcement actions taken on reported accounts.

6.c. Enforcement

We may remove any content that violates these rules. Depending on the severity and frequency of violations, we may also warn, temporarily suspend, or permanently ban the account responsible. Repeated violations or a single severe violation (such as any content sexualizing minors) result in
permanent removal without warning.

7. Prohibited Conduct

Beyond content rules, you agree not to:

• Use any automated tool, bot, or script to access, scrape, or interact with the Service
• Attempt to gain unauthorized access to any account, system, or network connected to Phomo
• Interfere with or disrupt the integrity or performance of the Service
  Reverse-engineer, decompile, or disassemble any part of the Service
• Use the Service to build a competing product or service
• Circumvent any access controls or content restrictions, including the daily post-first unlock requirement
• Sell, transfer, or sublicense your account to any other person
• Probe, scan, or test the vulnerability of the Service or any related system or network without authorization
• Harvest, collect, or store other users’ personal information, photos, or profile data without their consent
• Submit false or abusive reports through the in-app reporting system to harass or silence other users
• Advertise, solicit, or promote any products, services, or commercial ventures to other users without our prior written consent
• Use proxies, VPNs, or other technical means to circumvent geographic restrictions or access controls imposed by Phomo
• Assist, encourage, or enable any other person to violate these Terms

8. Intellectual Property

The Phomo name, logo, app design, graphics, interface elements, and all related software are owned by Phomo LLC or its licensors and are protected by U.S. and international intellectual property law. You may not use our trademarks, logos, or other proprietary materials without our prior written consent. These Terms do not transfer any Phomo intellectual property rights to you.

9. Third-Party Services

The Service integrates with third-party platforms including the Apple App Store and Google Play Store for subscription management. Your use of those platforms is governed by their respective terms of service. We are not responsible for third-party platforms or their practices.

10.App Store EULA Requirements

This section sets out terms required by Apple and Google that form part of the agreement between you and Phomo LLC with respect to the Phomo application (“Licensed Application”).

10.a. Apple App Store Requirements

If you downloaded the Licensed Application from the Apple App Store, the following additional terms apply. These terms are required by Apple Inc. and you acknowledge and agree to them:

• Acknowledgement. You acknowledge that this EULA is concluded solely between you and Phomo LLC, and not with Apple. Phomo LLC, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.
• Scope of License. The license granted to you for the Licensed Application is a nontransferable license to use the Licensed Application on any Apple-branded Products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and Support. Phomo LLC is solely responsible for providing maintenance and support services with respect to the Licensed
• Application, as specified in this EULA or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
• Warranty. Phomo LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Phomo LLCs sole responsibility.
• Product Claims. You acknowledge that Phomo LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it, including: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This EULA does not limit Phomo LLC’s liability to you beyond what is permitted by applicable law.
• (f) Intellectual Property Rights. In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party’s intellectual property rights, Phomo LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• (g) Legal Compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a terrorist supporting country by the U.S. Government; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• (h) Developer Contact. Questions, complaints, or claims with respect to the Licensed Application should be directed to: support@phomo.com or by mail to the address listed in Section 17 of these Terms.
• (i) Third-Party Terms. You must comply with applicable third-party terms of agreement when using the Licensed Application.
• (j) Third-Party Beneficiary. You and Phomo LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

10.b. Google Play Store Requirements

If you downloaded the Licensed Application from the Google Play Store, the following additional terms apply. Unlike Apple, Google does not mandate a specific set of minimum EULA provisions; however, any EULA must not conflict with the Google Play Developer Distribution Agreement. The following
terms govern your use of the Licensed Application on Android devices:

• (a) Acknowledgement. This EULA is concluded solely between you and Phomo LLC. Google LLC is not a party to this EULA and has no obligations to you with respect to the Licensed Application.
• (b) Scope of License. Subject to your compliance with these Terms, Phomo LLC grants you a non-exclusive, non-transferable, revocable license to install and use the Licensed Application on Android devices that you own or control, solely for your personal, non-commercial purposes.
• (c) Maintenance and Support. Phomo LLC is solely responsible for providing any maintenance and support services for the Licensed Application. Google has no obligation to furnish any maintenance or support services with respect to the Licensed Application.
• (d) Warranty. Phomo LLC is solely responsible for any product warranties to the extent not effectively disclaimed under the Disclaimers section of these Terms. Google provides no warranties with respect to the Licensed Application. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may seek a refund through the Google Play refund process, which is governed by the Google Play Terms of Service.
• (e) Product Claims. Phomo LLC, not Google, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it, including product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• (f) Intellectual Property. Phomo LLC, not Google, is solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the Licensed Application or your possession and use of it.
• (g) Legal Compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a terrorist supporting country; and
  (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• (h) Developer Contact. Direct any questions, complaints, or claims regarding the Licensed Application to Phomo LLC at: support@phomo.com or by mail to the address listed in Section 17 of these Terms.
• (i) Third-Party Terms. You must comply with applicable third-party terms of service when using the Licensed Application, including without limitation your wireless data service agreement.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOMO LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any content on the Service.

12.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOMO LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU nPAID TO PHOMO IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages, so some of the above may not apply to you.

13.Indemnification

You agree to indemnify and hold harmless Phomo LLC and its members, officers, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right.

14.Dispute Resolution

14.a. Informal Resolution First

Before filing any formal dispute, you agree to contact us at support@phomosocial.com and give us 30 days to try to resolve the issue informally. Most concerns can be resolved this way.

14.b. Binding Arbitration

If we can’t resolve the dispute informally, you and Phomo agree to resolve any claim arising out of or relating to these Terms or the Service through final, binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court. The
arbitration will take place in Hartford, Connecticut or remotely. The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction.

14.c. No Class Actions

YOU AND PHOMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

14.d. Small Claims Exception

You may bring an individual claim in small claims court in Hartford, Connecticut if it qualifies.

14.e. Governing Law

These Terms are governed by the laws of the State of Connecticut, without regard to its conflict of law principles.

15.Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you in-app before the changes take effect. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the new Terms.

16.Account Termination

16.a. By You

You may delete your account at any time through the app settings. Deletion removes your profile and posts from public view. We retain certain data for the period described in our Privacy Policy.

16.b. By Us

We may suspend or terminate your account if you violate these Terms, if we discontinue the Service, or as required by law. We will give you advance notice when possible, except where immediate action is required (such as to stop ongoing harm to other users).

17.General

17.a. Entire Agreement.  These Terms, together with our Privacy Policy,Acceptable Use Policy, and Content Moderation Policy, constitute the entire agreement between you and Phomo LLC regarding the Service.

17.b. Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the rest of the Terms will remain in full force.

17.c. No Waiver. Our failure to enforce any provision of these Terms does not waive our right to do so later.

17.d. No Assignment. You may not assign your rights under these Terms. We may assign ours in connection with a merger, acquisition, or sale of assets.

Contact.
Phomo LLC

659 Church Hill Road
Fairfield, CT 06825
support@phomosocial.com