Terms of use

Last updated September 24, 2026

1. Who we are and what these terms cover

Fomo Spend is operated by its independent operators (“we”, “us”). These terms apply to the website at fomospend.xyz, the web app at fomospend.xyz/app, the fomo-spend command-line tool, and the Fomo Spend MCP server (together, “Fomo Spend”). By using Fomo Spend you agree to these terms. If you don't agree, don't use it.

2. Who can use Fomo Spend

You must be at least 18 years old and able to enter a binding agreement. You may not use Fomo Spend if you are subject to sanctions administered by the United States, the United Kingdom, the European Union or the United Nations, or if you are located in a country or region subject to comprehensive sanctions. You are responsible for making sure your use of Fomo Spend and of digital assets is legal where you live.

3. What Fomo Spend is, and isn't

Fomo Spend is non-custodial software. It reads a payment request from a website or service, checks it against limits you set, shows it to you, and, if you approve, asks your wallet to sign a USDC payment of that exact amount. We never hold your funds, and we never have access to your private keys or recovery phrases.

Fomo Spend is not a bank, an exchange, a money transmitter, a broker or a payment processor, and it does not provide financial, investment, legal or tax advice. USDC is issued by a third party; Fomo Spend does not issue, redeem or guarantee it.

4. Your wallet

• Wallets you connect (for example Phantom, Solflare, Backpack, MetaMask, Coinbase Wallet or Rabby) are provided by their makers and governed by their terms.
• Sign-in with email or Google is provided by Privy, which creates and secures an embedded wallet for you under Privy's own terms and privacy policy. Fomo Spend does not control or have access to that wallet's keys.
• The CLI and MCP server store an encrypted key on your own device. You are responsible for your passphrase and your device. If you lose them, we can't recover your funds.

You are responsible for everything signed with your wallet, including payments an AI agent makes with a Spend account you set up for it.

5. Payments

• You approve each payment after seeing the amount, asset, destination, site and remaining daily limit. If you turn on automatic approval for an agent, payments within its limits are approved without asking you.
• Payments are final. Once a payment is signed and settled on the blockchain, it can't be reversed by us. Refunds, if any, are up to the seller.
• Network fees for x402 payments are normally covered by the seller's side. Transfers you send yourself (for example funding an agent) need the network's fee token.
• Prices are set by sellers and can change. The amount shown on the approval screen is what will be paid.
• A payment counts toward your daily limit from the moment it's signed, even if the seller then fails to deliver.

6. Limits are a tool, not a guarantee

Allowed sites, per-payment and per-day limits, and network settings are there to help you. They depend on software working correctly and on settings stored on your own device, which you (or anyone with access to your device) can change. They are not a guarantee against loss.

7. Third-party services and gift cards

The services you can pay for (such as search, crypto data and AI tools) are provided by independent third parties. They are responsible for their services, their prices and their results. Listing a service on Fomo Spend doesn't mean it is affiliated with or endorsed by us, or that we endorse it. Names and logos belong to their owners.

Gift cards are sold and delivered by Bitrefill under Bitrefill's terms. Gift card codes work like cash: anyone who has the code can use it. Codes are shown once and are not stored by Fomo Spend. Purchases are final. Problems with a card or its redemption should be taken up with Bitrefill or the brand that issued it.

8. Acceptable use

You agree not to:

• use Fomo Spend for anything illegal, including fraud, money laundering, sanctions evasion or buying illegal goods or services;
• attack, overload, probe or disrupt Fomo Spend or its infrastructure, or use its relay or blockchain proxy for anything other than your own payments through the app;
• reverse engineer, copy or resell the service except as the law allows;
• impersonate anyone or misrepresent your affiliation with anyone.

We may restrict or stop access to the website and app for anyone who breaks these terms or when we need to for legal or security reasons.

9. Changes and availability

Fomo Spend may change, be interrupted or stop. Services listed today may stop accepting payments. We may update these terms; the date at the top shows the latest version. If you keep using Fomo Spend after an update, the new terms apply.

10. No warranty

Fomo Spend is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't warrant that Fomo Spend will be uninterrupted, error-free or secure, or that any payment will be delivered by a seller. Blockchains, wallets, sellers and other third parties are outside our control.

11. Limitation of liability

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of funds, digital assets, profits, data or goodwill, arising from your use of Fomo Spend, including losses caused by your wallet, your device, a seller, a blockchain, or a payment you approved. Where liability can't be excluded, our total liability is limited to the greater of US$100 and the amount you paid us, if any, in the 12 months before the claim. Some places don't allow these limits, so they may not all apply to you.

12. Your responsibility to us

To the extent the law allows, you agree to cover claims and losses brought against us that arise from your breach of these terms or your misuse of Fomo Spend.

13. Disputes

If you have a problem, contact us first so we can try to sort it out informally. Nothing in these terms limits rights you have under laws that can't be waived where you live.

14. Contact

Questions about these terms: message @FomoSpendX402 on X. Security issues: report them privately through the docs repository's Security tab.