Terms of Service

1.1 The Fomigo service is operated by Fomigo Solutions s.r.o. · Company ID (IČO) 300 03 407 · Příčná 1892/4, 110 00 Prague 1 · registered with the Municipal Court in Prague, Section C, File 455688 (“Fomigo” or “we”).

1.2 Contact: email contact@fomigo.com; phone +420 720 948 255; postal address: our registered office as stated in clause 1.1.

1.3 Fomigo operates an online platform at fomigo.com and its domain versions fomigo.cz, fomigo.sk, fomigo.pl and fomigo.de (the “Platform”). Through the Platform, Clients have their products packed and sent out to content Creators who have shown interest in such packages, and get an overview of what came of the send-out. Marketing websites on other domains are not part of these Terms.

1.4 These Terms have four parts. Part I applies to everyone. Part II applies to Clients (brands and their users). Part III applies to Creators. Part IV contains the final provisions.

1.5 Capitalised terms have the following meanings:

• Client — a business that has ordered from us the sending of its products to Creators. The Client acts through its users who have access to the Portal and through the persons whom the Client has designated to confirm an Order via a Proposal Link.
• Creator — a natural person who creates content on social networks, has registered on the Platform and has agreed to be sent Packages.
• Package — a shipment of the Client's products, packed and sent to a Creator through the Platform. A Package is a gift (Article 2).
• Campaign — one send-out of Packages for one Client under a confirmed Order.
• Brief — a description of what the Client is sending and to whom. It is a non-binding enquiry.
• Proposal — our proposed Campaign (number of Packages, targeting, price and conditions), prepared by a person on the basis of the Brief.
• Proposal Link — a link to a specific Proposal that we send by email to one person. It can be used to order without an account on the Platform; the Order is confirmed through the link sent to the signer's email.
• Order — a Proposal that the Client has accepted by approving it in the Portal or by confirming it via a Proposal Link. The Order creates the Campaign contract.
• Output — publicly available content that a Creator has published on a social network after receiving a Package and in which the collaboration with the brand is labelled.
• Code / Invitation Link — a single-use code with which we offer a specific Package to a Creator who is not yet on the Platform. A code is valid for 30 days from its creation.
• Portal — the part of the Platform that is accessible after signing in (the Client portal, the Creator portal).

2.1 A Package is a gift. By accepting it, the Creator commits to nothing: they have no obligation to create content, to publish, to review the product favourably or to do anything else, and they are not entitled to any remuneration. Neither Fomigo nor the Client may enforce the creation of content, make further Packages conditional on it, or require it in any way other than by asking. At the same time, Fomigo monitors whether and how the Creator has published content from a Package, and this information affects which further Packages we offer them in future (Article 24).

2.2 The Client acknowledges that Fomigo does not guarantee the number of Creators who will accept a Package, nor the creation, number, reach, tone or timing of Outputs. Estimates in the Proposal are not binding.

2.3 Fomigo does not broker barter or paid collaborations. Whether and how the Client and the Creator continue to collaborate after a Campaign is solely their own matter, outside the Platform. Fomigo does not take part in such collaboration, does not charge for it and is not responsible for it. The only exception is the sharing of contact details under Article 21.

3.1 The details you provide at registration and in the Portal must be true and up to date. Protect your login details and do not share them. Report any suspected misuse of an account to us without delay.

3.2 We communicate electronically: by email, by messages in the Portal and, for shipments, also by SMS to the phone number given with the delivery address. We send only operational and legal notices (for example about selection for a Campaign, dispatch of a shipment, a change to these Terms or account security); these cannot be switched off. We do not send Creators tips or other commercial communications. A Client's user receives tips by email only if they ask for them at registration by ticking an optional box. They can unsubscribe at any time via the link in every such email or at contact@fomigo.com.

3.3 The Platform is provided in Czech, English, Slovak, Polish and German. The language follows the domain, your browser settings or your choice in the Platform. These Terms are concluded in Czech; the English version is a translation, and in the event of a conflict the Czech version prevails.

3.4 We may modify and develop the Platform. We will inform you of changes that affect rights and obligations under these Terms in accordance with Article 27.

4.1 Under the Act on the Regulation of Advertising and consumer protection rules (unfair commercial practices, UCPD Annex I, point 11), content created on the basis of a Package may be advertising, even if the Creator received no money and made no commitment. Such content must be clearly and intelligibly labelled as a collaboration with the brand.

4.2 Fomigo provides a public guide, “How to label a collaboration”, and reminds Creators to label it by means of an accompanying card in the Package, by email and in messages in the Portal.

4.3 The Client must not require the Creator not to label the collaboration, to hide or tone down the label, or to make the content look like an independent recommendation. The Creator labels the collaboration in accordance with the law and the guide (Article 19).

4.4 Publishing is voluntary; Fomigo does not force Creators to do anything. Anyone who publishes content labels it as a collaboration as required by law. A Campaign mark is not mandatory, but without it we may not find the Output (Article 19.2).

5.1 We set up a Client account by agreement, or the Client registers itself at fomigo.com/client/register. Neither sending an enquiry nor registering an account creates a Campaign contract.

5.2 An account may be prepared for the Client by our salesperson or by a partner (reseller). Each user confirms the portal terms of use for themselves when they register. The Client accepts the business (B2B) terms together with the Order (Article 6.3). The relationship between us and the reseller is governed by a separate contract. It does not affect your relationship with Fomigo, and you remain the Client.

5.3 The Client provides billing details (name, registered office, company ID (IČO), VAT ID (DIČ), billing email).

5.4 The Client acts through its users and through the persons it has designated to confirm an Order via a Proposal Link. Anyone who confirms an Order without authority is personally liable for it (Section 440 of the Civil Code); the Client may ratify such conduct afterwards.

6.1 A Brief is a non-binding enquiry: what you are sending, to whom and with what target number of Packages.

6.2 On the basis of the Brief, we prepare a Proposal: the number of Packages, the target group, the contents and design of the Package, the price according to the price list and the expected timing. We send the Proposal by email and make it available in the Portal or via a Proposal Link. A Proposal can only be accepted without additions or deviations.

6.3 The Campaign contract is concluded when the Proposal is approved in the Portal or confirmed via a Proposal Link. The Order is binding on both parties. By confirming it, the Client also accepts the version of the business (B2B) terms stated and linked next to the button, which are Part II of these Terms. By confirming the Order, the Client undertakes to deliver the number of product units stated in the Proposal to Fomigo's warehouse within the period stated in the Proposal; the warehouse address and the campaign code are in the Proposal.

6.3a We keep an electronic record of the conclusion of the Order: the accepted text of the Proposal, the version of the terms, the name and position of the person who acted, their declaration, the email address to which we sent the Proposal Link and when we sent it, the times of the individual steps, the IP address and the browser. We send the accepted text of the Proposal together with the Order confirmation by email to the person who confirmed the Order, to the Client's users and to its billing email. If you disagree with the confirmation, let us know without undue delay.

6.4 We start approaching Creators only once (a) the Order has been confirmed and (b) the goods under the Order have physically arrived with us and we have recorded their receipt (goods receipt note). The ordered number of Packages is a ceiling, not a commitment. The Campaign runs to the extent of the goods actually received and is invoiced according to the Packages sent.

6.5 Our time limits for sending out run from the receipt of the goods into the warehouse, not from approval of the Order. We are not responsible for the period until receipt. The Client orders the goods from its own supplier itself; we are not responsible for that order or its timing.

7.1 The price is governed by the price list valid on the date of the Proposal and is stated in the Order. Prices are exclusive of VAT. If Fomigo is registered for VAT, it adds VAT as required by law.

7.2 We do not take advance payments. After the send-out ends, we issue a single invoice based on the number of Packages actually sent, up to the scope of the Order (Article 6.4). The invoice is payable within 14 days of issue. In the event of late payment, we may charge interest on late payment at the statutory rate.

8.1 You deliver the goods under the Order to the address we give you after the Order is confirmed, in a quantity, packaging and condition suitable for unpacking and repacking into Packages. You bear the costs and risk of transport to us until we take over the goods (goods receipt note).

8.2 We accept goods solely for sending out in a Campaign. We do not provide storage beyond the time needed for sending out. Goods that cannot be delivered are handled in accordance with Article 8.5.

8.3 You are responsible for the goods: for their safety and compliance with legislation, for their labelling and instructions, for third-party rights, and for the goods being allowed to be given to the end recipient as a gift. Fomigo does not check the goods beyond their quantity and obvious damage, and is not their manufacturer, importer or distributor.

8.4 Excluded goods. We do not send goods that may not be promoted in this way or that require the Creator to have professional qualifications:

• medicinal products available only on prescription,
• tobacco and nicotine products and their substitutes, including e-cigarettes, refills for them and nicotine pouches,
• alcoholic beverages,
• weapons and ammunition.

We send medical devices, food supplements and cosmetics with therapeutic claims only if the Client demonstrates that the claims on the packaging correspond to approved labelling. We do not accept goods requiring temperature control (chilled, frozen) under any circumstances. We accept goods with lithium batteries (built-in or separate) under the regime that the carrier permits for this type of shipment. The Client provides the information needed to label the shipment. We do not accept goods whose promotion is prohibited or restricted by law in a way not covered by this list.

8.5 Goods are not returned to you. An undelivered or returned Package is sent to a substitute recipient. Units that still cannot be delivered within 30 days after the send-out ends we may give away (to Creators or for charitable purposes). What cannot be given away, we dispose of. We do not return or pay compensation for any such units.

9.1 Before your first Campaign, you upload brand assets (logo, colours and, where applicable, a typeface). You grant us a non-exclusive, free-of-charge licence to use your logo, colours, name and other uploaded materials to produce the print on the box, the accompanying card and previews. You declare that you hold the necessary rights to the materials.

9.2 Before printing, we show you a preview in the Portal. By approving the preview, you confirm that the materials and texts are correct.

9.3 The accompanying card contains a request to label the collaboration and a link to the guide. This part of the card cannot be omitted or modified in a way that makes it lose its meaning.

10.1 You describe the target group (interests, or in free text where appropriate). Fomigo selects specific Creators based on Creators' profiles, preferences and internal reputation, on capacity and on professional judgement. Selecting Creators by name is not part of the service, and we do not disclose the reputation group (Article 24) to the Client.

10.2 You may give us a list of accounts to which no Package should be sent. You may also supply your own list of contacts you want to approach. You are responsible for its lawfulness and for informing those persons, as the controller of their data. How we handle such contacts is described in the Privacy Policy, Article 6.

10.3 What you see about Creators. You will never receive a Creator's address, phone number or other contact details from us. You can obtain a Creator's email address only if the Creator gives it to you themselves through a consent under Article 21. The email address cannot be requested outside this procedure, nor can it be looked up.

10.4 You must not force Creators to create content, make further Packages conditional on an Output, ask for content to be modified or removed, require concealed labelling (Article 4), or use data from the Platform for any purpose other than evaluating the Campaign and arranging further collaboration under Article 21. You must not pass data about Creators obtained from the Platform to third parties, publish it or combine it with other databases. You may, however, agree further collaboration directly with a Creator if the Creator has given you their contact details themselves.

11.1 We send Packages in one batch after the seven-day selection window, counted from the recorded receipt of the goods, has closed.

11.2 The dates in the Proposal and in the Portal are indicative. We do not guarantee a specific time limit for sending out or delivery.

11.3 We deliver to the address the Creator confirms in their profile, through contracted carriers for delivery to an address, or to a pickup point the Creator has chosen on the map — a Zásilkovna/Packeta pickup point or Z-BOX in Czechia or Slovakia.

12.1 We identify Outputs in three ways: from the channel the Creator has connected to the Platform (in its posts, videos and stories we look for a Campaign mark: the brand's account, a hashtag or a keyword), from links that the Creator reports to us in their Portal, and additionally from an export of a social media monitoring tool (Modash), which evaluates the publicly available content of the Creator's accounts. We retrieve the figures of an Output (for example views, reach, likes, comments and shares) from the connected channel; for an Output known only from the Modash export, from that export.

12.2 The monitoring window (content window) lasts 60 days from delivery of the Package. An Output reported even after the window ends is added to the report, and the figures are recalculated.

12.3 You receive a report from the Campaign: an overview of the Packages and their statuses, and a list of Outputs with links, previews and figures where available.

12.4 We acknowledge, and so do you, that we cannot capture some Outputs: content published on a channel other than the connected one or without a Campaign mark (unless the Creator reports it), a story in which we do not recognise the mark, and content deleted before the check. The figures of a story are those we last retrieved before it disappeared.

12.5 Previews of Outputs in the report are for evaluating the Campaign. The rights to the content belong to the Creator. We show you the link, the preview and the figures of an Output on the basis of the licence the Creator granted us by accepting the Package (Article 23.1). You agree any other use of the content directly with the Creator (Article 23.2).

13.1 We are responsible for packing the goods taken over under Article 8 according to the approved preview and handing them over to the carrier, and for performing our other obligations under these Terms.

13.2 We are not responsible for the result of the Campaign (Article 2.2), for the content and conduct of Creators, for the availability and behaviour of social networks, for the accuracy of the data you have supplied to us, or for the goods (Article 8.3).

13.3 Our total liability to the Client under a single Order is limited to the price of that Order. The limitation does not apply to damage caused intentionally or through gross negligence, to harm to health, or where the law does not permit it.

14.1 You may cancel an Order until we start approaching Creators (Article 6.4). After that point, cancellation is not possible.

14.2 We may withdraw from the Campaign contract or suspend the account if you breach Article 4, 8 or 10, or if the goods do not arrive within a reasonable time after the Order is confirmed.

15.1 Anyone who is at least 18 years old and creates content on social networks can register. You confirm your age in the first step of registration, together with your agreement to these Terms. You may enter your date of birth in your “About me” profile, but you do not have to; a date of birth according to which you are not yet 18 cannot be saved. We will close the account of a person under 18 as soon as we learn of it, and delete their data.

15.2 At registration, you provide your social media account and a delivery address or a pickup point together with a phone number.

15.3 Verifying your channel is always a condition for accepting your first Package. When you register without a code (Article 1.5), it is also a condition for completing registration; with a code, you verify your channel (Article 16) at any time before a Package is due to be sent to you.

15.4 You may have one account. The social media accounts must be yours. A channel that is already connected to another account will not be connected to yours; our support handles it.

16.1 You connect a channel through the network's standard sign-in (OAuth): for YouTube through a Google account, for Instagram through an Instagram professional account, and for TikTok through a TikTok account. Fomigo requests only the right to read: that you own the channel, its profile and statistics (followers, views, posts and videos), for YouTube and Instagram also the audience breakdown by age, for YouTube also by gender, and, during a Campaign, your posts, videos and stories and their figures (Article 20) — including data that the network does not show publicly. It does not request the right to publish, change or delete anything on your channel. The channel data is seen by you and our team. A brand receives aggregate figures for all Creators in the Campaign and, for your Campaign Outputs, their link, preview and figures; it never receives any other data of your channel individually. Details for each network are set out in the Privacy Policy, Articles 8.1 and 9.

16.2 Connecting a YouTube channel is also governed by the rules of YouTube API Services. By using this feature, you agree to the YouTube Terms of Service and acknowledge the Google Privacy Policy, under which Google handles data. You can revoke Fomigo's access to your Google account yourself at any time in the Google security settings.

16.3 After the channel is disconnected (by you in the Portal, or by revoking access directly with the network concerned) or after you request deletion of your data, we delete the data retrieved from the channel within 7 days. Outputs that we found for a Campaign before the disconnection stay with it as part of its report; disconnection ends the monitoring of further Outputs. We check the validity of the authorisation for a YouTube channel at least once every 30 days. If we find that access has been revoked, we proceed as with a disconnection. How to disconnect a channel on each network is described in the Privacy Policy, Article 9.5.

16.4 If you have several channels, you connect each one separately. One sign-in corresponds to one channel.

17.1 On the first step of registration, you tick one mandatory consent: “I agree to the Terms of Service and acknowledge the Privacy Policy.” — with a link to both documents and their version. There is no other consent checkbox at registration.

17.2 By registering and giving the mandatory consent, you agree that we will send you Packages from Clients based on your profile and preferences, without you confirming each Package in advance. This includes monitoring public Outputs relating to Campaigns (Article 20) and communication about offers and shipments. You switch off the categories you do not want in your profile.

17.3 When you are selected, you receive a notification and seven days to fill in missing details, confirm or change your address, choose a variant, or decline the Package. Silence means acceptance — we send the variant allocated from stock to the address in your profile. Silence counts as consent only for Creators who are “ship-ready” (verified channel, address confirmed within the last 12 months, activity or earlier publication in the last 90 days). Declining is always free and has no consequences. After seven days, the selection is locked: the address and the variant can then be changed only by our support at contact@fomigo.com.

17.4 Registration is free. You can stop Packages at any time by switching off categories or by closing your account (Article 25).

17.5 The contract is concluded when you complete registration: on the first step you accept these Terms (Article 17.1), then you fill in your profile and submit the registration. You can correct any details you entered before confirming each step, and later in your profile. We record which version of these Terms you accepted (Article 27.2) and will send you its text on request.

18.1 You receive a Package free of charge and with no obligation (Article 2.1): you do not have to create anything, review anything or return anything, and you are not entitled to any remuneration.

18.2 The products in the Package are a gift to you from the Client. You become their owner when you take delivery of them. You cannot make a warranty claim to Fomigo for defects in a product or for a product being unsuitable for you. Report a defect that endangers safety to us, and we will pass it on to the Client.

18.3 For each shipment, we state the value of the products, as entered by the Client, in the dispatch notification and in the Portal. It is for your tax purposes. You assess and fulfil any tax obligations relating to the goods you receive yourself. Fomigo does not pay tax on your behalf and does not provide tax advice.

18.4 Goods we do not send through the Platform: prescription medicines, tobacco and nicotine products, alcoholic beverages, weapons and ammunition, and goods requiring temperature control (Article 8.4).

18.5 You may decline any Package before it is sent (Article 17.3), and you may close your account at any time without giving a reason (Article 25). As a consumer, you may also withdraw from the contract without giving a reason within 14 days of completing registration: send us a clear statement to contact@fomigo.com or by post to our registered office, for example using the form in Article 18.6. The deadline is met if you send the statement before it expires. We will confirm receipt by email without undue delay and close your account under Article 25. You pay nothing for this and return nothing.

18.6 Withdrawal form (complete and send it only if you wish to withdraw from the contract):

• To: Fomigo Solutions s.r.o., Příčná 1892/4, 110 00 Prague 1, contact@fomigo.com, phone +420 720 948 255
• I hereby give notice that I withdraw from the contract for the use of the Fomigo platform.
• Date registration was completed:
• Name and surname:
• Account email:
• Address:
• Signature (only if this form is sent on paper):
• Date:

19.1 When you publish a post, video or other content about a product from a Package, label the collaboration with the brand in accordance with the law and our guide (link in the footer, on the card in the Package and in the email). Labelling is your responsibility as the author of the content.

19.2 We find an Output in the connected channel by a Campaign mark — the brand's account, a hashtag or a keyword in the text of a post or video, and for a story also in its picture — or you report it yourself in the Portal with a link (Article 12.1). We will not find an Output that has no Campaign mark and no reported link. The Package then counts as delivered without publication (Article 24.2).

20.1 After a Package is delivered, for 60 days and 7 more days after that, we monitor the posts, videos and stories you publish on the channel connected to the Platform, in order to find the Output, check the labelling and add figures to it. We store only Outputs with a Campaign mark and those whose link you send us; we do not keep any other content or its figures. We monitor only channels that you connected yourself, and only in connection with a Campaign. Details and your rights are described in the Privacy Policy.

21.1 The Client does not know your address or phone number — ever, under any circumstances.

21.2 After the Campaign ends and the report is sent, the Client may ask once per Campaign for the contacts of the Creators who were selected. Each selected Creator receives the request once, as a message in the Portal and by email, with the button “I agree to share my contact with {Brand}”. You can also give consent earlier, using an optional checkbox that is not pre-ticked and has the same text, on the selection notification or on the feedback for that Campaign. You will then not receive the request, and your contact will be shared straight away; we will let you know about it. After you decline or stay silent, we will not send you the request again for the same Campaign.

21.3 What is shared: your name, channel handle and contact email — never your address or phone number. This consent is a one-time act for a specific named brand and a specific Campaign.

21.4 Declining or silence has no consequences for you and does not affect your reputation group (Article 24). The Client sees only the number of Creators who agreed, and the contacts of those who agreed. It will not find out who declined or did not respond.

21.5 The one-time consent is used up by a single sharing. What has already been shared cannot be taken back. A new request, even from the same brand for another Campaign, asks you again.

21.6 Once your contact is shared, the Client becomes an independent controller of it and is responsible for its further processing. It may use it only to approach you about follow-up collaboration.

21.7 Standing consent. In your “About me” profile, under the types of collaboration you are interested in, you can also tick a standing consent to share your contact with brands. It is optional and not pre-ticked, and nothing depends on it. It covers brands interested in one of the types of collaboration you chose, and it shares the same data as the one-time consent (Article 21.3). You withdraw it in the same place: by unticking the consent or by removing all types of collaboration. Article 21.6 applies to a brand that receives your contact.

22.1 The optional fields for diet, allergies and skin type in the “About me” profile are there so that we select and pack Packages for you that cannot harm you. Because these fields may reveal a health condition, they are shown and saved only with your separate, explicit and optional consent, which is separate from your consent to these Terms. Details, including what happens to the data when you withdraw consent, are in the Privacy Policy, Article 5.

22.2 Without this consent, the fields are inactive and nothing is saved. You still receive offers.

23.1 The content you create is yours. By accepting a Package, you grant us a free-of-charge, non-exclusive licence to show the link to the Output, its preview and its figures to the Client in the report and in the Portal (Article 12.5). We do not use the content for anything else.

23.2 If the Client wants to use the content further, beyond the preview in the report (repost, advertising, website), you agree this with each other directly — and only if you have previously exchanged contacts under Article 21.

24.1 From your behaviour on the Platform — whether you published after delivery and whether you kept what you promised — we calculate your reputation group once a week: one of four letters, A–D, according to where you stand among comparable Creators on the same network. In the Portal, you see your group and what raises it, not the formula or other people's figures. Until at least three Packages have been delivered to you, the group is not displayed.

24.2 Only a delivered Package without publication and a broken promise count against you. Declining in time, silence after a selection notification, a returned shipment and removal by us never count.

24.3 The Client never sees your group. Whether you agreed to share your contact (Article 21) does not affect your reputation.

24.4 The group is one of the inputs for selection for Campaigns. Selection is always decided by a person from our team. If you disagree with your classification or with a selection, contact our support at contact@fomigo.com.

25.1 You can close your account at any time: write to us at contact@fomigo.com. We will deliver shipments that are already packed or on their way, and we will not send you any new Packages. If a shipment is in progress or a content window is open (Article 20), we complete the closure only after the shipment has been delivered or returned.

25.2 After your account is closed, we stop selecting you for Campaigns and send you nothing further. We delete or anonymise your personal data in accordance with the Privacy Policy, Article 10; for a shipment that is on its way, only after it has been delivered or returned. Aggregate Campaign data remains, without any link to you.

26.1 We do not guarantee uninterrupted availability of the Platform. We are not responsible for outages caused by third parties (infrastructure providers, social networks, carriers) or by force majeure.

26.2 Report a defect of the Platform to us at contact@fomigo.com; we will remedy it without undue delay. This does not affect a consumer's statutory rights arising from defective performance.

27.1 We may change these Terms. We announce a new version by email and in the Portal. The current version and its effective date are always shown next to the link to these Terms. Previous versions remain available in the document overview. If you do not agree with a change, you can close your account before the change takes effect. Ongoing Campaigns are completed under the version in force at the time of the Order or of accepting the Package.

27.2 We record the acceptance of each version of these Terms with the name, date and version; for an Order via a Proposal Link, also with the data under Article 6.3a.

28.1 Relationships under these Terms are governed by the law of the Czech Republic. A Creator who is a consumer does not thereby lose the protection afforded by the mandatory provisions of the law of the country of their habitual residence.

28.2 Disputes with Clients are resolved by the courts of the Czech Republic.

28.3 A Creator who is a consumer may file a complaint with the Czech Trade Inspection Authority (Česká obchodní inspekce; Central Inspectorate – ADR Department, Štěpánská 567/15, 120 00 Prague 2, coi.gov.cz/informace-o-adr) as the body for out-of-court resolution of consumer disputes.

28.4 If any provision is invalid, the other provisions remain in force.

Fomigo Solutions s.r.o. · Company ID (IČO) 300 03 407 · Příčná 1892/4, 110 00 Prague 1 · registered with the Municipal Court in Prague, Section C, File 455688 · contact@fomigo.com · +420 720 948 255.

These Terms in version 1.9 are effective from October 15, 2026.