Last Modified: March 11, 2021

This Fathom API Terms (this “Terms of Use“) sets forth a legally binding agreement between Fathom Privacy, Inc. (“Fathom“, “us“, or “we“) and you, or if you represent an entity or other organization, that entity or organization (in either case, “you” or “User”). Fathom operates a number of websites, including fathomprivacy.com (each a “Site“) which are copyrighted works. Fathom provides services available through the Site to access the API (as defined below), to prevent fraud, to update contact information, or to improve contact information (collectively, the “Services“). Developers (“Developers“) may access and use the API to create Developer Apps (as defined below). This Agreement applies to both Developers and End Users. As used herein, an “End User” means an end user of a Developer App. As part of the Services, Fathom may provide you with access to data collected from publicly available sources or third party sources (“Fathom Data”).

This Terms of Service applies to your access and use of the Site, Services, or Fathom Data, regardless of the application through which you access or use the Site, Services, or Fathom Data. You may be required to enter into a Services Agreement to access certain features of the Site, Services, or Fathom Data (the “Agreement”). This Terms of Use is incorporated by reference into the Agreement. Except as explicitly noted in this Terms of Use, the terms of the Agreement will control in the event of a conflict between this Terms of Use and the Agreement. 

This Terms of Use includes the current privacy notice and privacy policy relating to the Site, Services, and Fathom Data, which is located at https://fathomprivacy.com/privacy (the “Privacy Policy”). You are responsible for compliance with this Terms of Use (including these policies).

By accessing or using the Site, Services, OR FATHOM DATA, you are accepting this Terms of Use (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this terms of use (on behalf of yourself or the entity that you represent). You may not access or use the Site, Services, OR FATHOM DATA or accept the terms of use if you are not at least 18 years old. If you do not agree with all of the provisions of this Terms of use, do not access or use the Site, Services, OR FATHOM DATA.

You should carefully read this Terms of Service, including the required use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and the limitations on the remedies available to you in the event of a dispute, as fully described in the “Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause” section below.

  1. Accounts.

    1. Users.You are permitted to access portions of the Site without establishing a user account on the Site, provided that you have agreed to this Terms of Use. However, access to and use of certain portions of the Site may require that you establish a user account (an “Account”). Approval of your request to establish an Account will be at the sole discretion of Fathom. If you are the Account Authority (as defined below), you may authorize designated individuals to use and access the Site on your behalf through your Account (you and each such individual, as applicable, a “User” of your Account). If an Account is only associated with you, then you may use and access the Site through your Account as the sole User of the Account. Each user identification and password for your Account (each, “Account ID”) is personal in nature and may be used only by you or, as applicable, the User to whom the Account ID is issued.

    2. Account Registration. In connection with establishing an Account, you will be asked to submit certain information about you and, as applicable, your organization (“Registration Information”). You agree that: (i) all such information that you provide will be accurate, complete, and current; (ii) you will maintain and promptly update all such information to keep it accurate, complete, and current; and (iii) you will not provide any information belonging to another person or organization with the intent to impersonate that person or organization. Before posting any Registration Information of Users associated with your Account, you are responsible for obtaining any and all authorizations required by federal or state law to authorize the sharing of their Registration Information, including their personal information, on the Site.  Fathom is not liable for any invasion of privacy or other claim that may be asserted by Users of your Account as a result of your posting of Registration Information regarding Users of your Account on the Site and the subsequent sharing of that information with other Users as described in the Privacy Policy. By providing Registration Information, you authorize Fathom to disclose such information as described in the Privacy Policy

    3. Responsibilities. You are solely responsible for all access to and use of your Account (whether authorized or unauthorized), including all Services accessed through your Account. Fathom may deem any actions taken through your Account to have been authorized by you. You are responsible for compliance, and the compliance any other Users of Your User Account, with this Terms of Use. You will ensure the security and confidentiality of each Account ID and will notify Fathom immediately if any Account ID is lost, stolen, or otherwise compromised. You acknowledge that you are fully responsible for all costs, fees, liabilities, or damages incurred, and material transferred, stored, modified, or shared through the use of each Account ID (whether lawful or unlawful). You acknowledge that any orders made or other transactions completed through your Account will be deemed to have been lawfully completed by you. In no event will Fathom be liable for the foregoing obligations or the failure by you to fulfill such obligations.

    4. Account Authority. If an Account is associated with multiple Users, then the individual who establishes your Account (the “Account Authority”) will have control over your Account. If an Account is only associated with you, then you will be the Account Authority for your Account, unless you designate a different Account Authority as specified below. Fathom may deem the Account Authority to have full authority for all decisions relating to your Account, including: (i) addition or removal of Users; (ii) permissions to access your Account; (iii) disputes regarding your Account; (iv) notices and other communications relating to your Account; and (v) any other decisions that may be required regarding your Account. There must always be one and only one Account Authority for each Account. The initial Account Authority must be designated in the initial request to establish an Account. If an initial Account Authority is not designated, the individual requesting to establish an Account shall be deemed the initial Account Authority for that Account. The Account Authority may be changed: (a) by an email sent to Fathom from the registered email address of the current Account Authority; (b) by written notice provided to Fathom; or (c) as separately directed and acknowledged by Fathom. It is your responsibility to properly designate a new Account Authority whenever appropriate. In the event of a dispute where multiple persons claim to be the rightful Account Authority, Fathom reserves the right, at its sole discretion, to: (1) suspend all access to your Account until an Account Authority is properly designated to Fathom sole satisfaction; or (2) terminate your Account and delete your Registration Information.

  2. Licenses.

    1. Site and Services License. Subject to the terms of this Terms of Use, Fathom grants you a non-transferable, non-exclusive, license to access and use the Site and Services for your personal, noncommercial use.

    2. Fathom Data License. Subject to the terms of this Terms of Use, Fathom grants you a non-transferable, non-exclusive, license to use the Fathom Data you received through your use of the Services or a Developer App, for your personal, noncommercial use.

    3. API License. If you are a Developer, Fathom grands you the rights to access and use the API, subject to the obligations related to the API, contained in the API License Addendum, which is attached hereto and incorporated herein by reference.

    4. Certain Restrictions.

      1. Except as set forth in the API License Addendum, the rights granted to you in this Terms of Use are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, Services, or Fathom Data; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, Services, or Fathom Data; (iii) you shall not access the Site, Services, or Fathom Data in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Site, Services, or Fathom Data may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (v) you shall not use the API or any Fathom Data for purposes of monitoring the availability, functionality, or performance of any part of the Site or the Services for any other benchmarking of competitive purpose. Any future release, update, or other addition to functionality of the Site, Services, or Fathom Data shall be subject to the terms of this Terms of Use. All copyright and other proprietary notices on the Site, Services, or Fathom Data must be retained on all copies thereof.

      2. You acknowledge and agree that: (i) Fathom Data has not been collected for, and is not intended to be indicative of, any person’s employability, credit worthiness, credit standing, credit capacity, or other characteristics related to such person’s manner or mode of living, as listed in Section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 USC Section 1681a; and (ii) you shall not use any Fathom Data as a factor in establishing any person’s eligibility for (a) credit or insurance used primarily for personal, family or household purposes, (b) employment purposes, or (c) other purposes authorized under Section 604 of the FCRA, 15 USC Section 1681b or any similar statute.

      3. You may not upload any debit or credit card information, bank account information, social security number, driver’s license information, government ID information, or any other sensitive personal information (as that term is defined in applicable data privacy or security laws). FATHOM WILL NOT HAVE ANY OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OR SECURITY OF SUCH INFORMATION.

    5. Modification. Fathom reserves the right, at any time, to modify, suspend, or discontinue the Site, Services, or Fathom Data, or any part thereof, with or without notice. You agree that Fathom will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services, or Fathom Data, or any part thereof.

    6. No Support or Maintenance. You acknowledge and agree that Fathom will have no obligation to provide you with any support or maintenance in connection with the Site, Services, or Fathom Data.

  3. End User Contact Data.

    1. End User Contact Data. If you are an End User, when you use a Developer App, we may collect End User Contact Data from you (as described in the Privacy Policy). If you are a Developer, when your End Users use your Developer App, we may collect End User Contact Data from your End Users. As used in this Terms of Use, your “End User Contact Data” means End User Contact Data we collect from you if you are an End User or End User Contact Data we collect from your End Users if you are a Developer. We may combine End User Contact Data with Fathom Data. You represent and warrant to Fathom that (i) if End User Contact Data is collected from customers or users of your website or service, including End Users of a Developer App, you will at all times maintain a privacy policy that is associated with or linked to your website, service, or Developer App, which policy complies with all applicable laws and which clearly and accurately describes the processing, use and disclosure of End User Contact Data as contemplated herein; (ii) you have obtained or possess all rights necessary, including any third party consents required under applicable laws, to authorize Fathom to use the End User Contact Data for the purposes contemplated hereunder and to grant Fathom the licenses set forth under this Section; (iii) your collection and disclosure of End User Contact Data for the uses contemplated hereunder complies with all applicable laws and, if applicable, your privacy policy; (iv) the End User Contact only relates to individuals that reside in the United States; and (v) you will promptly notify Fathom of any notice from (A) any governmental agency or regulatory authority alleging that the use of any End User Contact Data violates applicable law, or (B) any individual whose personal data is included in the End User Contact Data requests access, restriction, or deletion of any data included in the End User Contact Data, or challenging the use or accuracy of such data. Fathom is not obligated to back up your End User Contact Data and your End User Contact Data may be deleted at any time. You are solely responsible for creating backup copies of your End User Contact Data if you desire.

    2. License. You hereby grant Fathom a perpetual, irrevocable, non-exclusive, royalty-free, transferable license to reproduce, combine, and use End User Contact Data in connection with the provision of Fathom Data to Fathom’s customers generally. You agree that nothing contained in this Terms of Use shall restrict Fathom’s right to use, access, process, collect, disclose, share or distribute any identifying information related to any individual that Fathom collects or receives from a different source other than you even if such information is duplicative of any End User Contact Data.

    3. Enforcement. We reserve the right (but have no obligation) to review your End User Contact Data, investigate, or take appropriate action against you in our sole discretion if you violate this Terms of Use or otherwise create liability for us or any other person. Such acts may include removing or modifying your End User Contact Data, terminating your Account, or reporting you to and cooperating with law enforcement authorities.

  4. Orders and Terms of Sale.You may be permitted to place orders seeking to purchase access or use of certain Services, Fathom Data, or other offerings available for sale on the Site (whether in the form of an online order submitted through the Site, a service provider’s platform, or an order submitted by way of email, phone, or other form permitted by Fathom, an “Order”). By submitting any Order, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY METHOD OF PAYMENT UTILIZED IN CONNECTION WITH THAT ORDER. All Orders are subject to acceptance by Fathom, in its sole discretion, and Fathom may limit or restrict quantities of Services or Fathom Data purchased without notice to you, even after the Order has been placed. In addition to this Terms of Use, your purchase of Services, Fathom Data, or other offering is governed by the terms displayed on the Site in connection with such Services, Fathom Data, or other offering, and any additional terms provided to you in connection with your Order or any acceptance of your Order provided by Fathom (the “Terms of Sale”). By placing an Order, you agree to be bound by the Terms of Sale with respect to that Order and all Services, Fathom Data, or other offering related to that Order. If this Terms of Use conflicts with the Terms of Sale, the Terms of Sale will govern and control with respect to the Services, Fathom Data, or other offering provided to you under that Order. Unless otherwise indicated on the Site, purchases or subscriptions made by you through the Site cannot be exchanged and any fees or charges in connection with those purchases or subscriptions are non-refundable. All information that you provide in connection with a purchase or other transaction through the Site will be accurate complete and current. You authorize Fathom (or a company chosen to act on behalf of Fathom) to charge the credit card, debit card, mobile services account, or other payment method provided in connection with Order or linked to your Account on the Site and agree to honor all charges incurred in connection with any such transaction. 

  5. Ownership.

    1. “Intellectual Property Rights” means all present and future worldwide copyrights, trademarks, trade secrets, patents, patent applications, mask work rights, moral rights, privacy rights, contract rights, and other proprietary rights recognized by the laws of any country. You acknowledge that the Site, Services, and Fathom Data (and all Intellectual Property Rights therein) are owned by Fathom or Fathom’s licensors. Subject to Fathom’s rights in the API, the Developer App (and all worldwide Intellectual Property Rights therein) are the exclusive property of Developer and its licensors. Fathom and its licensors reserve all rights not granted in this Terms of Use. Fathom does not license to Developer any rights to any Fathom trademark, trade name, or logo. The provision of the Site, Services, or Fathom Data does not transfer to you or any third party any rights, title or interest in or to any or all Intellectual Property Rights therein.

    2. If you provide Fathom any feedback or suggestions regarding the Site, Services, or Fathom Data (“Feedback“), you hereby assign to Fathom all rights in the Feedback and agree that Fathom shall have the right to use such Feedback and related information in any manner it deems appropriate. Fathom will treat any Feedback you provide to Fathom as non-confidential and non-proprietary. You agree that you will not submit to Fathom any information or ideas that you consider to be confidential or proprietary.

  6. Indemnity.You agree to indemnify and hold Fathom (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) your use of the Site, Services, or Fathom Data, (b) your End User Contact Data, (c) your violation of this Terms of Use; (d) your violation of applicable laws or regulations (including any data privacy or security laws), and (e) if you are a Developer, your Developer App. Fathom reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fathom. Fathom will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  7. Third Party Sites & Ads; Developers.

    1. Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Fathom and Fathom is not responsible for any Third Party Sites & Ads. Fathom provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Your use of any Third Party Sites & Ads is at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

    2. Developers. Each Developer is solely responsible for any and all of its Developer Apps. Because we do not control Developers or their Developer Apps, you acknowledge and agree that we are not responsible for any Developers or their Developer Apps and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Developers or their Developer Apps, and we assume no responsibility for any Developers or their Developer Apps. Your interactions with Developers or their Developer Apps are solely between you and such Developer. You agree that Fathom will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Developer, we are under no obligation to become involved.

    3. Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, Developers, Developer Apps, or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  8. Disclaimers.THE SITE, SERVICES, AND FATHOM DATA (INCLUDING THE API) ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR LICENSORS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, ADEQUACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS) MAKE NO WARRANTY THAT THE SITE, SERVICES, OR FATHOM DATA (INCLUDING THE API: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
     

  9. Limitation on Liability

    1. IN NO EVENT SHALL WE (AND OUR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, OR FATHOM DATA (INCLUDING THE API), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, SERVICES, AND FATHOM DATA (INCLUDING THE API) ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS TERMS OF USE, THE SITE SERVICES, FATHOM DATA (INCLUDING THE API) (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY RELATED TO YOUR ORDERS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS TERMS OF USE, THE SITE SERVICES, FATHOM DATA (INCLUDING THE API).

    3.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  10. Term and Termination.Subject to this Section, this Terms of Use will remain in full force and effect while you use the Site, Services, or Fathom Data. We may: (a) suspend your rights to use the Site, Services, or Fathom Data (including your Account), or (b) terminate this Terms of Use, at any time for any reason at our sole discretion, including for any use of the Site, Services, or Fathom Data in violation of this Terms of Use. Upon termination of this Terms of Use, your Account and right to access and use the Site, Services, and Fathom Data will terminate immediately. Even after this Terms of Use is terminated, the following provisions of this Terms of Use will remain in effect: Sections 3-11.

  11. General.

    1. Changes to Terms of Use. This Terms of Use is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) or by prominently posting notice of the changes on our Site. Any changes to this Terms of Use will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site, Services, or Fathom Data. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site, Services, or Fathom Data following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

    2. Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause. All controversies, disputes, demands, counts, claims, or causes of action between you and Fathom arising out of, under, or related in any way to this Terms of Use or our privacy practices, shall exclusively be settled through binding arbitration.

      1. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

      2. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

      3. You and Fathom must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and Fathom, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR FATHOM MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Fathom will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (g) Fathom also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact or conclusion of law) against either you or Fathom shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/Fathom customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.

      4. Notwithstanding the foregoing, either you or Fathom may bring an individual action in small claims court. In addition, if you are a user outside of the United States, the Privacy Policy (Dispute Resolution for Users Outside of the United States), and not this arbitration provision, shall apply to any disputes related to privacy. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration provision. Such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the state or federal courts located in Denver County, Colorado. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

      5. With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Fathom shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Fathom shall be exclusively brought in the state or federal courts located in Denver County, Colorado.

      6. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.

    3. Choice of Law. The Terms of Use is made under and shall be governed by and construed in accordance with the laws of the State of Colorado, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

    4. Entire Agreement. Unless you later enter into any other agreements with Fathom regarding the Site, Services, or Fathom, this Terms of Use is the complete and exclusive agreement between you and Fathom regarding your access to and use of the Site, Services, or Fathom Data. Except as provided above, this Terms of Use supersede any prior agreement or proposal, oral or written, and any other communications between you and Fathom relating to your use of the Site, Services, or Fathom Data. Our failure to exercise or enforce any right or provision of this Terms of Use shall not operate as a waiver of such right or provision. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of this Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Fathom will not be liable for any delay or non-performance of its obligations under this Terms of Use due to any cause beyond its control. Your relationship to Fathom is that of an independent contractor, and neither party is an agent or partner of the other. This Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Fathom prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Terms of Use shall be binding upon assignees. There are no third party beneficiaries of this Terms of Use.

    5. Copyright/Trademark Information. Copyright © 2010-2021, Fathom Privacy, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. You agree that Fathom may identify you as a Fathom customer in advertising, media relations, trade shows, on the Site, and other similar promotional activities.

    6. Contact Information:
      Address: 199 2nd Ave
      Unit 3
      New York, NY 10003
      Email: support@fathomprivacy.com
       

API License Addendum

This API License Addendum (“Addendum”) applies to Developers and is incorporated by reference into the Terms of Use (“Terms of Use”).

  1. Definitions. As used in this Addendum:

    1. “API” means the software program or programs in source code or executable code form, any documentation provided therewith, and any modified, updated, or enhanced versions of such items that Fathom provides to Developer pursuant to this Addendum. For the avoidance of doubt, the API is deemed part of the “Service” (as defined above).

    2. “API Key” means the code provided by Fathom that permits Developer to access the API.

    3. “Developer App” means a plug-in or other software application that is: (i) developed by or for Developer to improve contact information through use of the Service or the API, and (ii) complies with the requirements of this Terms of Use and any restrictions described in the Terms of Use or Privacy Policy.

  2. License.

    1. Grant. Subject to the terms and conditions of this Addendum, Fathom grants to Developer a limited, non-exclusive, non-transferable, license to: (i) internally use the API Key to access the API; (ii) internally use, perform, display, reproduce the API solely as necessary to develop, maintain and support the Developer App, in accordance with the specifications included in the API; (iii) provided that the Developer App complies with all requirements in the Terms of Use, reproduce and distribute copies of the API (in its original form or as modified), in executable code form only, solely as incorporated into the Developer App to End Users pursuant to a binding written agreement that contains terms no less restrictive than the Minimum EULA Terms set forth below; and (iv) distribute Fathom Data through the Developer App to End Users.

    2. Restrictions. Developer acknowledges that the API and its structure, organization, and source code constitute valuable trade secrets of Fathom and its suppliers. Accordingly, Developer agrees not to disclose, distribute, sublicense, lease, rent, loan, resell or otherwise transfer the data received from the Service or API, the Service or API (other than those elements incorporated into the Developer App) or the API Key to any third party. Developer must reproduce, on all copies made by or for Developer, and must not remove, alter, or obscure in any way all proprietary rights notices (including copyright notices) of Fathom or its suppliers on or within the copies of the API. Developer will immediately notify Fathom if Developer becomes aware of any material breach relating to the API.

    3. Data Restrictions. Developer will not, and will require any and all third parties to which it provides any Fathom Data from the Service or the API (“Data Recipients”) to not, use such Fathom Data for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, sending electronic communications (including email) in violation of applicable law, or any other activity or purpose identified as prohibited by Fathom in any communication sent to Developer. If Fathom informs Developer that a specified activity or purpose is prohibited, Developer will ensure that any and all Data Recipients immediately cease processing of any such Fathom Data for the prohibited activity or purpose. If Developer is not subject to the laws based on the EU General Data Protection Regulation ((EU) 2016/679) or Swiss Federal Data Protection law, Developer hereby agrees to either: (i) certify its compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Framework administered by the International Trade Administration of the U.S. Department of Commerce (the “Privacy Shield“) or (ii) contractually agree to provide at least the same level of protection for personal data as is required by the relevant Privacy Shield principles. Strict compliance with this section is a condition of the license in this Terms of Use and a material requirement of this Addendum.

  3. Developer Apps.

    1. Submission. If requested by Fathom, Developer will submit to Fathom each Developer App that Developer distributes or plans to distribute, in accordance with the instructions on Fathom’s Site. Developer grants to Fathom a non-exclusive license to internally use, perform, display, reproduce, modify, and create derivative works of the Developer App to evaluate the Developer App during the term of this Addendum. Fathom may, at any time and in its sole discretion, notify Developer that Developer may no longer distribute a Developer App until such Developer App meets conditions specified by Fathom. Upon receipt of such notice, Developer shall promptly cease distribution of the Developer App until the Developer App meets such conditions, in Fathom’s judgment.

    2. App Policy. Developer is solely responsible and liable for the Developer App. Developer is solely responsible for supporting the Developer App. The Developer App must comply with the following (the “App Policy”): the Developer App may not: (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate any laws or regulations (including any privacy laws) or any obligations or restrictions imposed by any third party; (iii) be unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, or patently offensive, or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual, or be otherwise objectionable; (iv) be harmful to minors in any way; (v) contain any computer viruses, worms, or any software intended to damage or alter a computer system or data; (vi) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.

    3. Minimum EULA Terms. The following constitute the “Minimum EULA Terms”: (i) the End User must accept Fathom’s Terms of Use and Privacy Policy; (ii) title to and ownership of the API remains with Fathom and its suppliers; (iii) the End User may not: (a) copy, alter, or modify the API, (b) reverse engineer, decompile, disassemble, or in any way attempt to derive the source code for the API, or (c) use the API except as embedded within the Developer App; (iv) all express and implied warranties regarding the API by Fathom and its licensors are disclaimed; (v) all consequential, special, and indirect damages are disclaimed on behalf of Fathom and its licensors; (vi) the End User must grant the Developer all rights (including consents and licenses) needed from the End User for Developer to grant Fathom the license to use its End User Contact Data (as described in the Terms of Use); and (vii) Developer’s privacy policy must comply with all applicable data privacy and security laws and must contain a notice that Fathom will collect, or receive from Developer, End User Contact Data and will process such data in accordance with Fathom’s Privacy Policy.

  4. Confidentiality. “Confidential Information” includes the API Key and API and any other materials of Fathom that Fathom designates as confidential or which Developer should reasonably believe to be confidential, including Third Party Access Tokens, and Account IDs. Developer shall hold Fathom’s Confidential Information in confidence and shall neither disclose such Confidential Information to third parties nor use Fathom’s Confidential Information for any purpose other than as necessary to perform under this Addendum. Developer agrees to limit access to the Confidential Information to those employees, agents, and representatives who are necessary for Developer to perform its obligations under this Addendum. All such employees, agents, and representatives must have a written confidentiality agreement with Developer that is no less restrictive than the terms contained herein. Developer will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as Developer protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. The foregoing restrictions on disclosure shall not apply to Confidential Information that is: (a) already known by Developer; (b) becomes, through no act or fault of Developer, publicly known; (c) received by Developer from a third party without a restriction on disclosure or use; or (d) independently developed by Developer without reference to Fathom’s Confidential Information.

  5. Term and Termination. This Addendum will remain in effect until the Developer’s subscription has expired or it has been terminated as provided in this Section. Developer may terminate this Addendum, effective immediately upon written notice to Fathom, if Fathom breaches any provision of this Addendum and does not cure the breach within thirty (30) days after receiving written notice thereof. In addition to the rights granted to Fathom under the Terms of Use, Fathom may terminate this Addendum, effective immediately upon written notice to Developer, if Developer breaches any provision of this Addendum. Either party may terminate this Addendum for convenience upon providing sixty (60) days’ notice to the other party. Upon termination or expiration of this Addendum for any reason, all licensed rights granted in this Addendum to Developer will immediately cease to exist and Developer will irrecoverably delete any and all Fathom Data it received from the Service or the API. Developer’s obligation to pay any fees applicable to the balance of the Developer’s then-current subscription term, will survive any expiration or termination of this Addendum for any reason.

Trademark Information

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API Terms