Terms of Service
This web site ("the Site") is operated by Fathom Applications Pty Ltd ("Fathom", "We", "Us"). These terms govern access to and use of the site, and the various services provided by Fathom ("Services"). Entities which use the Site or any of the Services ("you", "your") agree to be bound by the following terms ("the Terms"). Please read the Terms carefully. Use of the Site or any of the Services indicates an acceptance of these Terms. If you do not accept these Terms, you must not use the Site or any of the Services.
Fathom may amend these Terms from time to time without prior notice to you. The scope or content of the Services may also be changed by Fathom from time to time. The amended terms will be published on the Site. Use of the Site or the Services after such amendment indicates an acceptance of the amended Terms. You can review the current version of the Terms at: http://www.fathomhq.com/aboutus/terms
These Terms were last updated on 13 February 2012.
Breach of any of the Terms may result in the termination of your account.
- In return for payment of the subscription fees, we agree to provide the Services to you on these Terms.
- You must select a login name ("login") and password using the Site – that login and password is used by you to access the Site and the Services. Fathom is entitled to assume that all access to and use of the Site and the Services using your login and password is access and use by you.
- Your login may only be used by one individual - a single login shared by multiple individuals is not permitted. You may create separate logins for as many individual users as your plan allows.
- During the signup process you must provide your full name and a valid email address.
- You are responsible for maintaining the security of your account and password. Fathom is not responsible for any loss or damage arising from your failure to comply with this security obligation.
Payment, Refunds, Upgrading and Downgrading Terms
- Payments will be charged using any credit card or other payment mechanism we have on record for you.
- The Service is billed in advance on a monthly basis and those fees are non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- Payments will cover the use of the contracted Services for a monthly or annual subscription period as agreed.
- All fees are inclusive of Australian GST but exclusive of all other taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties.
- The services and prices are described in detail at http://www.fathomhq.com/pricing
- For any upgrade or downgrade in plan level, you will be charged the new rate commencing from the start of your next billing cycle.
- Downgrading your Service may cause a reduction in features, or capacity of your Account. Fathom has no liability for such reduction.
- Unless you notify Fathom before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew at the end of the then-current period, and you authorise us to collect the then-applicable subscription fee using any credit card or other payment mechanism we have on record for you.
Cancellation and Termination
- If you wish to terminate your account you must notify us using our normal account management and termination process. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not effective cancellation. The correct process to cancel your account is by clicking on the Administration link in the navigation bar at the top of the company selector screen, and choosing the Account/Billing screen. The Account/Billing screen provides an account cancellation link.
- All data associated with your account will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- There is no refund or credit of monthly fees for cancellation during a month.
- Fathom, in its sole discretion, may decline to provide Services to anyone for any reason, and may suspend or terminate your account and refuse any and all current or future access to or use of the Services for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account.
Modifications to the Service and Prices
- Fathom may modify or discontinue the Services (or any part of them) with or without prior notice to you.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change by us upon 30 days’ prior notice from us. Such notice may be provided by us at any time by posting the changes to the site, by email, or provided through the Service itself.
- Fathom is not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Data Ownership
- This Agreement does not transfer from Fathom to you any Fathom or third party intellectual property rights, and all right, title and interest in and to such rights will remain (as between the parties) solely with Fathom.
- We claim no intellectual property rights over the data you provide to the Service. As between the parties, all data uploaded by you remain yours. However, if you elect to provide access to your data to other users, you agree to allow us to enable these users to view and or edit this shared content. You are responsible for controlling shared access to your data and can revoke or change an invited user’s access.
- You must maintain copies of all your Data input into the Service. Fathom adheres to appropriate professional practice and procedures to reduce the risk of data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Fathom expressly excludes liability for any loss of data no matter how caused.
- Fathom may at any time or from time to time use your data to derive non-personally-identifying, and non-company identifying, information in aggregate form. (e.g., for industry benchmarking). You hereby consent to such use of your data by Fathom.
- The Services and the Site are protected by copyright, trade mark, trade secret and other intellectual property rights. All such rights are reserved. The Services and the Site are copyright © 2014 Fathom Applications Pty Ltd. You may not reproduce, publish, copy, or reuse any portion of the application code, or visual design elements or concepts included in the Services or the Site without express prior written consent from Fathom.
- You must not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software used to deliver the Services.
Managing data privacy and data sharing among entities
- The Service allows members of an organisation to import and analyse data from multiple entities (for example, multiple companies within a corporate group, or multiple unrelated companies such as members of a franchise group or trade association). The Service also allows an organisation to create user logins for that organisation’s own clients. Data from such entities and clients may be entered, analysed and managed within the Service.
Importantly: You must:
- Ensure user logins created for an organisation’s own clients are given the "Client" role.
- Set appropriate data sharing permissions for such multiple entity data collection, in order to avoid data being inappropriately shared amongst those entities.
Where an organisation groups companies into comparative pools which are used for benchmarking purposes then for each pool,
the level of access for the organisation’s client users can be specified. The available access levels are:
- "No access": the client has no access to any pools, meaning they will not be able to view any of the benchmark tools, or see data from other entities they do not have access to.
- "Limited access": the client has access to the pool, and can see certain companies identified in the analysis. These are companies which have been specifically shared with the user, and can be seen in the user's "My Companies" interface. The results and keyword categories of other companies in this pool are visible, but the company names are not revealed.
- "Full access": the client has access to a pool and can see the name, results and keywords of all other companies in the pool.
- You must, on behalf of your organisation, consider the data privacy arrangements they have with their clients, members, group entities, or related entities before adding a client company to a benchmark pool, and creating user logins for their clients.
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
- You understand that Fathom uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Fathom is not responsible for the content or continuity of the services provided by those vendors.
- You must not attempt to undermine the security or integrity of Fathom's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks. You must not use, or misuse, the Services in any way which may impair the functionality of the Services or Site.
- You understand that Fathom has certain user system requirements which you are responsible for providing and installing. Such requirements include a suitable up-to-date internet browser with the Adobe flash player v10.1 or later installed.
- You understand that the technical provision of the Service, including your data, may be transferred over the public internet unencrypted and may involve (a) transmissions over various third party networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- In using the Site or the Services, you must not submit content that is misleading or deceptive, unlawful, defamatory, infringes others’ rights, or is likely to cause offence to a reasonable adult. We may amend or remove user-contributed content or terminate your account at our discretion and without prior notice if such content is submitted. If any use by you of the Site or the Services is in our reasonable opinion an unacceptably high-volume use (including, for example, where that use adversely affects others’ normal use) then we may take action to limit or prohibit your use, for a period of time or permanently.
- Fathom does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) any errors in the Service will be corrected.
Limitation of Liability
- You expressly understand and agree that Fathom shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in contract, negligence or otherwise, including but not limited to: damages for loss of profits, goodwill, use, data, information, interference with privacy, business interruption, or other intangible losses relating directly or indirectly to these Terms, the Site or the Services. These exclusions apply even if we knew or should have known that you might suffer loss..
- If any term is implied by law in these terms and cannot be excluded, then we limit our liability to you under that term to the maximum extent permitted by law.
- If you are not satisfied with the Services, your sole and exclusive remedy is to terminate the use of the Services in accordance with Section C.
- If you suffer loss or damage as a result of Fathom’s negligence or failure to comply with these Terms, and the exclusion in clause H.1 above does not exclude Fathom’s liability, then any claim by you against Fathom arising from Fathom's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by you in the previous 12 months.
- The failure of Fathom to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Fathom and govern your use of the Service, superseding any prior agreements between you and Fathom (including, but not limited to, any prior versions of the Terms of Service).
- The laws of the State of Queensland, Australia will apply to these Terms.
- Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Fathom must be sent to firstname.lastname@example.org or to any other email address notified by email to you by Fathom. Notices to You will be sent to the email address which you provided when setting up your access to the Service.