Last updated: November 6, 2026
These terms govern the use of the againstfomo.com website and of Againstfomo’s apps and services («we»), including Daypi Hobby Marketplace and our video production tool («the services»). By using them you accept these terms; if you do not agree, do not use them.
If you sign a contract with us, its specific conditions prevail over these terms wherever they conflict.
You are responsible for your account information, for keeping your credentials secret and for what happens with them. Tell us immediately if you suspect unauthorized use. You must be at least 18 or have the legal capacity to contract.
You agree not to use the services to:
If we detect, or have reasonable grounds to suspect, an attack, fraud, abuse or any use that puts the services, other users or third parties at risk, we may suspend or block your access immediately and without prior notice, and remove the content involved, while we investigate.
We may preserve the evidence (logs, audit records and the content involved), hand it to the competent authorities, file the appropriate reports and claim compensation for the damages and losses that use causes us or third parties.
The content you upload or generate in the services is yours. You grant us a limited, non-exclusive, revocable license to host, process and display it solely to provide the service to you. You are responsible for having the rights and permissions for that content and for it not infringing the law or third-party rights.
Some services generate text, images, audio, video or other content with artificial intelligence. That output is provided without warranty: it may contain errors, omissions or similarities to existing content. You are responsible for reviewing it and for deciding whether to use it.
The services may rely on or connect to third-party services (for example Google, payment, cloud, email and artificial intelligence providers). Their use is also governed by each third party’s terms; we are not responsible for their availability or their acts.
Prices, payment method and invoicing are those agreed or published for each service. If a payment is not received, we will give you reasonable advance notice before suspending the service, and we will restore it once payment is regularized. Payments made are non-refundable except as the law or the contract provides.
The services are provided «as is» and as available, without warranties of any kind, express or implied, to the extent the law allows. We do not guarantee a service level (SLA), continuity or absence of errors, unless a signed contract expressly states so.
The software may contain errors. When you tell us about one, we will make a reasonable effort to fix it, without implying a guaranteed deadline or result.
We are not responsible for failures, losses or damages whose origin is outside our reasonable control, including:
We are not in breach and not liable for delays or failures caused by events beyond our reasonable control: power or internet outages, failures of cloud or telecommunications providers, cyberattacks by third parties despite our reasonable security measures, acts or orders of authority, natural disasters, labor disputes, epidemics or other fortuitous events or force majeure. The affected obligations are suspended while the event lasts.
We apply reasonable technical and administrative security measures, but no system is invulnerable and we do not guarantee that the services are free of unauthorized access, malware or other attacks.
The customer looks after its credentials, access keys and devices, and uses the access controls the service offers. We are not responsible for access, losses or damages resulting from stolen, shared or poorly kept credentials, from compromised devices or from deception (such as phishing) aimed at the customer or its users, or for other access beyond our reasonable control.
The customer keeps a copy of its content and data outside the services. Our backups exist to operate and recover the service; they are not the customer’s archive and we do not guarantee they can restore a specific item.
Features marked as beta, trial or experimental are offered without any warranty, may change, be interrupted or be withdrawn at any time, and must not be used for critical data or processes.
The services, their software, trademarks, logos and design belong to Againstfomo or its licensors and are protected by law. These terms do not transfer any right in them to you, except the limited right of use needed to use the services. For custom software, ownership and licenses are those set by the corresponding contract.
You may stop using the services and close your account at any time. We may suspend or end your access if you breach these terms or the law, with prior notice when reasonable and without it in cases of malicious use. Clauses that by their nature should survive will remain in force.
To the extent the law allows, Againstfomo is not liable for indirect, incidental, special or consequential damages, or for loss of profits, data or business opportunities arising from the use of or inability to use the services. Our total liability for any claim is limited to what you paid for the service in the twelve months before the event giving rise to it.
You are responsible to us and to third parties for your content, for any misuse you make of the services and for your breach of these terms or of the law. To the extent the law allows, you will hold harmless us, our providers and those who work with us from third-party claims arising from it, and you will cover the reasonable damages, costs and expenses that result, including attorneys’ fees.
Nothing in these terms limits the non-waivable rights that the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) or other mandatory law grants you when you act as a consumer, including going to the Federal Consumer Protection Agency (Procuraduría Federal del Consumidor) and to the jurisdiction those laws guarantee you, nor does it exclude liability the law does not allow to be excluded, such as liability for willful misconduct or bad faith. Where a limitation in these terms goes beyond what the law allows, it applies to the extent the law allows.
You accept these terms by electronic means when you create an account, tick a box, click a button or use the services. That consent has the same effects as a signature under the Commercial Code (Código de Comercio), and the electronic records we keep serve as proof of it.
If a clause of these terms is void, invalid or unenforceable, it applies to the extent the law allows and the other clauses remain in force. Our not exercising a right, or exercising it late, does not mean we waive it.
We may modify these terms. The current version is the one published on this page with its date; if you keep using the services after the change, you accept it.
These terms are governed by the laws of the United Mexican States. For any dispute, the parties submit to the competent courts of Guadalajara, Jalisco, Mexico, waiving any other venue that might apply to them because of their present or future domiciles or for any other reason, except as provided in «Rights that cannot be waived».
Questions about these terms: contacto@againstfomo.com.