Last Modified: September 28, 2020
1. Your Acceptance
Welcome to the Fathom Privacy End User Terms. This is an agreement (“Agreement”) between Fathom Privacy (“Fathom Privacy"), the owner and operator of https://fathomprivacy.com and Fathom Privacy software, application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, “User”, or “End User”), an End User of the Platform. The Fathom Privacy Platform may offer End User services (“Fathom Privacy Services”) as applicable.
Throughout this Agreement, the words “Fathom Privacy,” “us,” “we,” and “our,” refer to our company, Fathom Privacy, as is appropriate in the context of the use of the words.
2. Third Party Agreements and Logins
Some of the Fathom Privacy Services may require that you provide information made available through a third party social media website ("Third Party Site"). The Third Party Site is not under the control of Fathom Privacy and Fathom Privacy is not responsible and does not endorse or recommend any Third Party Site. Any agreements you enter with the Third Party Site are solely between you and such Third Party Site and Fathom Privacy is not a party to such agreement. You agree that when using the Fathom Privacy Services your use will not violate any agreements that you have entered into with any Third Party Site and any materially adverse effects from using the Fathom Privacy Services shall be your sole responsibility.
3. Fathom Privacy Services
The Fathom Privacy Services may allow End Users to port, share, or import their personal information stored on third party networking websites such as LinkedIn (considered “User Content” defined below) and share such personal information with Fathom Privacy Services subscribers. End Users may only access the Fathom Privacy Services were applicable law permits such access and use of the Fathom Privacy Services. You may use the Platform and any Fathom Privacy Services solely as permitted and provided for by Fathom Privacy and in compliance with all applicable laws. Please be aware that any Fathom Privacy Services, except as expressly stated otherwise, are offered on an “as is” basis and Fathom Privacy makes no representations or warranties regarding any of the Fathom Privacy Services offered. Fathom Privacy reserves the right to modify, change, and/or discontinue any and all portions of the Fathom Privacy Services at any time and may also remove or add Fathom Privacy Services at its sole discretion. The End User is solely responsible for all such information generated.
4. Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Fathom Privacy and/or Fathom Privacy’s licensors and that Fathom Privacy and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Fathom Privacy. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Fathom Privacy to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Fathom Privacy. Where you access our Platform or download any portion of our Platform, we grant you a limited, revocable right to access the Platform or license where applicable. All rights not expressly granted in this Agreement are reserved for us.
5. End User Responsibilities
End User shall be exclusively responsible for its use of the Platform and any sharing of its User Content. Where an End User submits any User Content (defined below), we are not responsible for such User Content including but not limited to monitoring access permissions or providing any services excluding the Fathom Privacy Services. Additionally, you represent and warrant that: (1) you shall use the Platform solely for your internal commercial purposes; (2) you are duly authorized and have the power and authority to enter into this Agreement; (3) any User Content is not confidential; (4) that the User Content is owned or properly licensed to End User and does not violate any third party agreements; and (5) you shall use the Platform only for legal and lawful purposes. End User shall indemnify and hold Fathom Privacy harmless for a breach of any provisions of this section.
6. Information Generated
Fathom Privacy is not responsible for any information generated via the Platform or the Fathom Privacy Services. End User understands and agrees that all Fathom Privacy Services are dependent on the information contained in any User Content submitted by End User and End User is solely responsible for that information. THE END USER AGREES TO HOLD FATHOM PRIVACY FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE FATHOM PRIVACY SERVICES. FATHOM PRIVACY WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE PLATFORM. Fathom Privacy does not warrant any results, guarantee, endorse, or recommend any information generated and End User’s use of such information generated is at its own risk.
8. User Content
An End User’s ability to submit or transmit any information through the Platform, including but not limited to user information, data, profile information, networking information, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant Fathom Privacy, its partners, affiliates, subscribers, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any purpose. User Content may be shared with any third parties as required to provide the Fathom Privacy Services. Fathom Privacy has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Fathom Privacy shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
9. Monitoring User Content
Fathom Privacy shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Fathom Privacy shall have the right, but not the obligation, to remove or disable access to any User Content at its sole discretion.
10. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
You may not use automated bots or other software to send more messages through our Platform than humanly possible;
You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
You may not access our Platform in an attempt to build a similar or other competitive product;
You may not use the Platform in an unlawful manner;
You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
You may not interfere with or disrupt the Platform;
You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
You agree that you will not hold Fathom Privacy responsible for your use of our Platform.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Fathom Privacy reserves the right to suspend or terminate any account at any time.
11. Platform Security
You agree to exercise caution and common sense when using the Platform and agree that you will not submit any User Content that is considered confidential. Further, some or all portions of the Fathom Privacy Services may be accessible by third parties based on End User’s settings or the sharing of End User’s unique URLs, End User is solely responsible for any access by such third parties, whether such access is permitted or un-permitted.
12. Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only End Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
Where an End User requires support for the Platform, please contact us at email@example.com.
14. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the Fathom Privacy Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.
15. Idea Submission
Fathom Privacy or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Fathom Privacy. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Fathom Privacy’s products might seem similar to ideas you submitted to Fathom Privacy. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Fathom Privacy, without any compensation to you; (2) Fathom Privacy may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Fathom Privacy to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FATHOM PRIVACY, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY FATHOM PRIVACY SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FATHOM PRIVACY, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. FATHOM PRIVACY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. FATHOM PRIVACY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. FATHOM PRIVACY DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND FATHOM PRIVACY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
17. Limitation of Liability
IN NO EVENT SHALL FATHOM PRIVACY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FATHOM PRIVACY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES 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. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY FATHOM PRIVACY’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).
You agree to defend, indemnify and hold harmless Fathom Privacy, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the Fathom Privacy Platform;
your violation of any term of this Agreement; or
your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Fathom Privacy Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed
The location on our Platform of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Fathom Privacy, firstname.lastname@example.org or Fathom Privacy 199 2nd Avenue, Unit 3, New York, New York 10003, United States of America
In the event that you receive a notification from Fathom Privacy stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Your name, address, email and physical or electronic signature.
The notification reference number (if applicable).
Identification of the material and its location before it was removed.
A statement under penalty of perjury that the material was removed by mistake or misidentification.
Your consent to the jurisdiction of a federal court in the district where you live (if You are in the U.S.), or Your consent to the jurisdiction of a federal court in the district where Your service provider is located (if you are not in the US).
Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: https://fathomprivacy.com or Fathom Privacy 199 2nd Avenue, Unit 3, New York, New York 10003, United States of America.
20. Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
Any dispute relating in any way to your visit to the Platform or the Fathom Privacy Services shall be submitted to confidential arbitration in San Francisco, California. Arbitration under this Agreement shall be conducted pursuant to the applicable rules related to technology agreements (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within San Francisco County, California.
You may opt-out of this dispute resolution provision by notifying Fathom Privacy within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Fathom Privacy 199 2nd Avenue, Unit 3, New York, New York 10003, United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Fathom Privacy through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within San Francisco County, California.
22. Class Action Waiver
You and Fathom Privacy agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Fathom Privacy are deemed to conflict with each other’s operation, Fathom Privacy shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
25. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Indemnification, and Arbitration sections.
26. Entire Agreement
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
28. Electronic Communications
The communications between you and Fathom Privacy use electronic means, whether you visit the Platform or send Fathom Privacy e-mails, or whether Fathom Privacy posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Fathom Privacy in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Fathom Privacy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
29. Platform Issues
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at email@example.com.
30. Relationship of Parties
This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between End User and Fathom Privacy. The relationship of the parties is as independent contractors. End User has no authority (and shall not hold himself or herself out as having authority) to bind Fathom Privacy and End User shall not make any agreements or representations on Fathom Privacy’s behalf without Fathom Privacy’s prior written consent.
31. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Fathom Privacy must be sent to our agent for notice to: firstname.lastname@example.org or Fathom Privacy 199 2nd Avenue, Unit 3, New York, New York 10003, United States of America.