Terms of Service.

You must be at least 18 years old and legally capable of entering a binding contract to use the Service. The Service is not intended for children.

You must provide accurate information, keep your login credentials secure, and promptly notify us of suspected unauthorized access. You are responsible for activity through your account unless caused by our breach. You may not create an account for another person, impersonate anyone, or use the Service where prohibited by law.

FineMe is an accountability tool. It allows you to select a measurable personal goal, a challenge period, permitted verification sources, and a consequence amount that you authorize us to charge if the applicable challenge rules determine that you missed the goal.

Challenges may concern steps, sleep, workouts, wake time, screen time, alcohol-free days, nicotine-free days, or other supported goals. Available goals, verification methods, time zones, grace periods, and challenge rules may differ by device, location, or version of the Service.

FineMe does not provide medical care, diagnosis, treatment, financial advice, gambling, wagering, insurance, or guaranteed behavior change. A challenge is a personal commitment—not a bet, prize competition, savings account, escrow arrangement, or investment. You cannot win money or receive more than you paid.

Before joining a paid challenge, the Service will display the material rules, including the goal, measurement period, data source, consequence amount, and conditions that count as completion or failure. Those displayed challenge rules form part of these Terms.

You are responsible for reviewing the rules before confirming. A challenge begins only after the Service confirms enrollment. Unless the Service expressly permits cancellation, you may not change the goal, consequence amount, measurement method, or time zone after the challenge begins.

FineMe may rely on data from Apple Health, HealthKit-enabled devices, device activity or screen-time frameworks, supported wearables, third-party integrations, and information you submit. Automated readings can be delayed, incomplete, duplicated, unavailable, or affected by device settings, permissions, battery, connectivity, travel, daylight-saving changes, or third-party outages.

You must keep required permissions enabled, wear or carry the relevant device as instructed, maintain connectivity as reasonably necessary, and verify that data is syncing. Unless a displayed rule expressly says otherwise, missing or unverifiable data may be treated as non-completion. FineMe may provide a review or correction process, but is not required to accept manually created evidence or data that cannot reasonably be authenticated.

Our reasonable, good-faith determination under the disclosed challenge rules is final, subject to applicable law and the billing-error procedure below.

When you confirm a paid challenge, you expressly authorize OMGHey LLC and its payment processor to store or tokenize your selected payment method and charge up to the displayed consequence amount if the challenge rules determine that you failed. No consequence charge is due when the rules determine that you completed the goal.

Before confirmation, we will clearly disclose the amount, trigger, timing, and material terms of the authorization. You may be asked to complete additional payment authentication. You represent that you are authorized to use the payment method and agree to keep it valid through the challenge and any related review period.

A consequence charge is payment for the accountability commitment and associated Service. It is not a deposit held for you. Except for duplicate charges, processing errors, an approved challenge review, or where required by law, consequence charges are final and nonrefundable.

If a charge fails, we may retry it as permitted by the payment network and law, request another payment method, restrict new challenges, suspend the account, or pursue lawful collection. We will not charge more than the amount you authorized for the applicable failed challenge, excluding taxes or fees clearly disclosed and permitted by law.

To report a billing or verification error, contact support@tryfineme.com promptly and include the challenge, date, amount, and supporting information. This procedure does not limit rights that cannot legally be waived.

For each collected consequence charge, FineMe intends to allocate 50% to one or more charitable organizations and retain 50% as platform revenue, after any taxes, refunds, reversals, chargebacks, or payment-processing adjustments only if those deductions are clearly disclosed in the applicable challenge screen. The in-app confirmation shown before enrollment controls if it provides a more favorable allocation to the user.

Unless FineMe expressly offers a selection feature, FineMe chooses the recipient organizations and timing of distributions. Your consequence charge is made to OMGHey LLC, not directly to a charity. You should not treat any portion as a tax-deductible charitable contribution, and FineMe does not provide tax receipts or tax advice.

We may publish general allocation information. We will not state that a distribution was made until it has been completed. If a designated organization cannot lawfully or practically receive funds, we may select a reasonably comparable eligible organization.

The Service is for general accountability and informational purposes only. It is not a medical device and is not a substitute for professional medical advice, diagnosis, treatment, emergency services, addiction treatment, or smoking-cessation care.

Do not create or follow a challenge that is unsafe, medically inappropriate, or inconsistent with professional advice. Stop and seek qualified help if a goal causes pain, distress, withdrawal symptoms, disordered behavior, or other health concerns. Never delay seeking medical care because of FineMe or attempt to complete a goal during an emergency.

You assume responsibility for choosing goals appropriate for you. If you have a medical condition, are pregnant, are managing substance dependence, or have concerns about sleep, exercise, nutrition, alcohol, nicotine, or mental health, consult a qualified professional before beginning a challenge.

The Service may let you connect with friends, share selected goals or progress, and view accountability activity. You control sharing through available settings, but recipients may save or further share information they can see. Do not share sensitive information you do not want others to know.

You may not harass, shame, threaten, exploit, or pressure another person; post unlawful, deceptive, hateful, sexually explicit, or infringing content; solicit money; or disclose another person’s private information without permission. FineMe may remove content, limit visibility, or suspend accounts to protect users or enforce these Terms.

Use available reporting or blocking tools or contact us at support@tryfineme.com. FineMe does not guarantee the identity, conduct, statements, or availability of other users.

You may not: manipulate, fabricate, or spoof verification data; interfere with device sensors or permissions to obtain a false result; use bots or unauthorized automation; reverse engineer or circumvent security except where law expressly permits; access another account; test vulnerabilities without written authorization; overload or disrupt the Service; use the Service for unlawful activity; or help another person do any of these things.

We may investigate suspected fraud, require reasonable verification, invalidate affected results, deny refunds, restrict features, or suspend or terminate accounts. We will not use health information for advertising or sell it to data brokers.

The Service, including its software, design, text, graphics, trademarks, and other content, is owned by OMGHey LLC or its licensors and protected by law. Subject to these Terms, we grant you a limited, personal, revocable, nonexclusive, nontransferable license to use the Service for its intended purpose.

You retain ownership of content you submit. You grant OMGHey LLC a worldwide, nonexclusive, royalty-free license to host, store, reproduce, modify solely for technical formatting, display, and transmit that content as needed to operate, secure, and improve the Service and provide features you request. This license ends when the content is deleted, except for reasonable backups, legal retention, or content shared with others who retained it.

If you provide feedback, you grant us a perpetual, worldwide, royalty-free right to use it without restriction or compensation.

The Service may interoperate with Apple, payment processors, analytics or crash-reporting providers, health platforms, wearable providers, and other third parties. Their services and terms are separate from ours. We are not responsible for third-party outages, data accuracy, security, acts, or omissions, but we remain responsible for our own obligations under applicable law.

Apple Health and HealthKit data are handled as described in our Privacy Policy and are not used for advertising, marketing, or sale to data brokers.

Our Privacy Policy explains how we collect, use, disclose, retain, and protect information. It is incorporated by reference into these Terms. Permissions may be withdrawn through your device settings, but doing so may prevent verification and may affect an active challenge as disclosed before enrollment.

You may request account deletion through the in-app deletion feature or by contacting support@tryfineme.com. Deletion does not cancel or reverse a charge already triggered, eliminate an amount lawfully owed, or require deletion of information we must retain for fraud prevention, disputes, accounting, tax, safety, or legal compliance.

We may suspend or terminate access for violation of these Terms, fraud, risk to users or the Service, legal requirements, or discontinuation of the Service. Where reasonably practicable, we will provide notice. Sections that by their nature should survive termination—including payment obligations, ownership, disclaimers, liability limits, indemnity, dispute terms, and record-retention rights—will survive.

We may modify the Service and these Terms. If a change materially affects your rights, we will provide reasonable notice through the Service, email, or another appropriate method and state when it takes effect. Changes will not retroactively increase the consequence amount or materially alter the failure rules of an active challenge without your express agreement. Continued use after the effective date means you accept the revised Terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” OMGHEY LLC DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.

WE DO NOT WARRANT THAT DATA FROM A DEVICE OR THIRD PARTY WILL BE COMPLETE OR ERROR-FREE; THAT A CHALLENGE WILL IMPROVE HEALTH OR BE SUITABLE FOR YOU; THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE; OR THAT OTHER USERS WILL ACT APPROPRIATELY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMGHEY LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, DATA, GOODWILL, OR OPPORTUNITIES; PERSONAL DECISIONS BASED ON THE SERVICE; OR THIRD-PARTY CONDUCT, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO OMGHEY LLC THROUGH FINEME DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.

These limitations do not apply to liability that cannot be limited by law, which may include liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence in certain jurisdictions.

To the extent permitted by law, you will defend, indemnify, and hold harmless OMGHey LLC and its affiliates, officers, employees, contractors, and licensors from third-party claims, liabilities, damages, losses, and reasonable costs arising from your unlawful use of the Service, your content, your violation of these Terms, or your infringement of another person’s rights. This obligation does not apply to the extent a claim results from our own misconduct.

Please contact support@tryfineme.com first so we can try to resolve a dispute informally. Before filing arbitration, the claimant must send an individualized written notice describing the claimant, facts, requested relief, and contact information. The parties will attempt in good faith to resolve the dispute for 30 days after receipt.

Except for qualifying small-claims matters, requests for public injunctive relief where applicable law requires a court forum, or claims concerning intellectual-property ownership or unauthorized system access, any dispute arising from these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules. The Federal Arbitration Act governs this section. Hearings may occur by video, telephone, documents, or in Bernalillo County, New Mexico, unless the rules or law require otherwise.

NO CLASS OR REPRESENTATIVE PROCEEDINGS. Disputes must be brought only in an individual capacity. The arbitrator may award relief only to the individual claimant, except where applicable law requires otherwise. If this class waiver is finally found unenforceable for a particular claim or remedy, that portion will proceed in court after all arbitrable matters are completed.

You may opt out of this arbitration agreement by emailing support@tryfineme.com within 30 days after first accepting these Terms. Include your full name, account email, and a clear statement that you opt out of arbitration. Opting out will not affect your access to the Service.

If arbitration does not apply, the state and federal courts located in Bernalillo County, New Mexico will have exclusive jurisdiction, and you consent to venue there, except where consumer law permits you to bring a claim elsewhere.

These Terms are governed by the Federal Arbitration Act and, for issues not governed by federal law, the laws of New Mexico, without regard to conflict-of-law principles. Mandatory consumer protections of your home jurisdiction remain applicable where they cannot be waived.

If you obtained the app through Apple’s App Store, you acknowledge that these Terms are between you and OMGHey LLC, not Apple; Apple is not responsible for the Service or support; Apple has no warranty obligation except any refund required under its rules; Apple is not responsible for claims relating to the app; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce this section.

You represent that you are not located in a country subject to a U.S. government embargo or designated as supporting terrorism and are not listed on a U.S. government prohibited or restricted-party list. Your use must comply with the Apple Media Services Terms and any applicable usage rules.

These Terms and the Privacy Policy are the entire agreement concerning the Service, except for challenge-specific disclosures and any additional terms expressly accepted by you. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, financing, reorganization, sale of assets, or by operation of law. Headings are for convenience only.

OMGHey LLC

1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110

Email: support@tryfineme.com