These Terms govern access to and use of the Site and the Services provided by Fathom. Clients and other users which use the Site or any of the Services agree to be bound by the following 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. 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 and be effective from the date of publication. Fathom will make every effort to communicate substantial changes to you via email or notification 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 https://www.fathomhq.com/terms.
These Terms were last updated on 25th May 2018.
Breach of any of the Terms may result, among other things, in the termination of your account.
The individual who registers to use the Service on behalf of a Client.
The entity or organisation, represented by the Account Holder, that acquires the Services from us.
Fathom, We, Us
Fathom Applications Pty Ltd and all related entities including Fathom USA Inc (United States), Fathom Applications UK Ltd (United Kingdom) and all other related entities.
Any person or entity, other than the Client and Account Holder, that uses the Service from time to time, at the invitation of, and with the authorisation of, the Account Holder.
The various services made available through the Site and otherwise provided or made available by us.
The Internet sites available at www.fathomhq.com, app.fathomhq.com, api.fathomhq.com and any other site operated by Fathom.
This Terms of Service agreement.
Refers to all users of the Site and Services, including Clients, Invited Users and the Account Holder, unless expressly specified.
A. Account Terms
- In return for payment of the subscription fees by the Client, we agree to provide the Services to the Client on these Terms.
- Users must nominate an email address and password (together referred to as your "login") to use the Site. Your login 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 is access and use by you.
- A login may only be used by one individual - a single login shared by multiple individuals is not permitted. The Account Holder may create separate logins for as many individual users as the Client’s subscription plan allows.
- During the signup process the Account Holder and each User must provide their full name and a valid email address. As part of our security process we verify that you have access to the nominated 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.
B. Payment, Refunds, Upgrading and Downgrading Terms
- Payments will be charged using any credit card or other payment mechanism we have on record for the Client (or the Account Holder on behalf of the Client).
- 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 (if required) but exclusive of all other taxes, levies, or duties imposed by taxing authorities. The Client is responsible for payment of all such taxes, levies, or duties.
- The services and prices are described in detail at https://www.fathomhq.com/pricing
- For any upgrade or downgrade in plan level, the Client 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 the Client (through the Account Holder) notifies Fathom before the end of the applicable subscription period that the Client wants to cancel, using the method described in Section C below, your subscription will automatically renew at the end of the then-current period and you authorise us to collect the then-applicable subscription fee in accordance with item B.1 above.
C. Cancellation and Termination
- If you, as the Client, wish to terminate your account, the Account Holder must notify us using our normal account management and termination process within the Service. The Account Holder is 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.
- There is no refund or credit of monthly fees for cancellation during a month.
- Failure to pay our fees for any reason may result in the suspension or termination of a Client’s account (including all associated user accounts) and, after a short period, the deletion of those accounts and associated data.
- Fathom, in its sole discretion, may decline to provide Services to anyone for any reason, and may suspend or terminate accounts and refuse access to or use of the Services for any reason at any time. Termination of the Services will result in the deactivation or deletion of user accounts or access to user accounts.
D. Modifications to the Service and Prices
- Fathom may modify or discontinue the Services (or any part of them) with or without prior notice.
- 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. 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.
E. 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, 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 or statistical analysis). 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 © 2021 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.
F. 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 accounts for that organisation’s own clients. Data from such entities and clients may be entered, analysed and managed within the Service.
- Importantly, you are accountable to ensure the appropriate roles and permissions are applied in order to avoid data being inappropriately shared amongst those entities.
- Where an organisation groups companies into benchmark groups for comparative purposes, the level of access for the organisation’s users can be specified. The available access levels are:
- "No access": the user has no access to any benchmark groups, 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 user has access to the benchmark group, 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 group are visible, but the company names are not revealed.
- "Full access": the user has access to a benchmark group and can see the name, results and keywords of all other companies in the group.
- Fathom Clients must consider the data privacy arrangements you have in place with your clients, employees, team members or related entities before adding them as an Invited User into Fathom, importing their data into Fathom, or adding a client company to a benchmark group.
G. General Conditions
- 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 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.
- You understand that the technical provision of the Service, including your data, 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.
H. 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.