Terms of Service
Hello and welcome to FathomApp.com
Certain features of our Website and/or the Services may be subject to additional guidelines, terms or rules, which will be posted on our Website and are incorporated by reference into this Agreement.
Any reference to the term Services shall mean and refer to the services offered by Fathom, among other things, the ability to collect and record data about your website visitors, present them with a recruiter pop-up window, record local/domestic/international calls and transcription services. Please note this is not an exhaustive list of services provided by Fathom; for more information on the Services offered, kindly visit the Website. These Services are provided on a pre-paid basis and do not require you to change your current telecom operator(s)/mobile service provider(s). Fathom is not responsible for reimbursement for calls made with another service provider while Fathom is temporarily unavailable.
BY CLICKING "I AGREE", YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING THOSE INCORPORATED BY REFERENCE, WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION. YOU WILL BE BINDING YOURSELF TO THIS AGREEMENT. YOU MAY NOT CLICK THE "ACCEPT" BUTTON IF YOU DO NOT AGREE WITH THIS AGREEMENT. IF YOU DO NOT CLICK THE “ACCEPT” BUTTON, YOU WILL NOT BE AUTHORISED TO ACCESS OR USE THE WEBSITE AND/OR THE SERVICES AVAILABLE THROUGH OUR WEBSITE.
In consideration of the mutual promises and obligations set out below, the sufficiency of which the parties acknowledge, you and we acknowledge and agree as follows:
Article 1: User Account and Registration Terms.
- Registering with us is a free service and so you may sign up using your email address (“User Account”) and filling up your details on the Website. You are required to register the phone number/mobile number on which you will be receiving calls.
- You are responsible for maintaining the confidentiality of the User Account and password, and you are fully responsible for all activities that occur through your User Account.
- You agree to:
(i) Immediately notify us of any unauthorised use of your User Account or any other breach of security;
(ii) Promptly update the User Account information to keep it true, accurate, and complete;
(iii) Immediately change or alter your password, if we believe that your User Account is no longer secure or affects a third party's rights;
(iv) Ensure that you exit from your User Account at the end of each session.
- We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
- You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, we have the right to indefinitely suspend or terminate or block your access to our Website and/or the Services and your User Account with us.
Article 2: User Warranties and Undertakings.
By using the Website and/or the Services, the User warrants and undertakes the following conditions:
- All registration information you submit are true, complete, current and accurate, and that you shall maintain the accuracy of such information;
- You shall keep your password confidential and will be responsible for all use of your password and your account;
- You agree to use Fathom only for purposes that are lawful in the jurisdictions where you are located. Fathom reserves the right to immediately, and without notice terminate or discontinue your User Account in the event it determines in its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud and unauthorised access to voicemail, Fathom may monitor or record customers' calls and provide call detail records or recordings to law enforcement agencies.
- You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law;
- Your use of the Website and/or the Services does not violate any applicable laws in the United States, India or laws of any other country;
- You are responsible for any and all charges to your account and Fathom cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or User Account.
- YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER ACCOUNT AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR
USER ACCOUNT WHETHER OR NOT YOU HAVE AUTHORISED SUCH USE.
- you shall not (and shall not permit any third party to) either
(a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any submission, that:
(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
(ii) is false, misleading, untruthful or inaccurate;
(iii) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, or fraudulent;
(iv) constitutes unauthorised or unsolicited advertising, junk or bulk e-mail (“spamming”);
(v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information;
(vii) impersonates any person or entity, including any of Fathom's employees or representatives; and
(viii) includes anyone’s identification documents or sensitive financial information.
The User shall fully indemnify and hold Fathom harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party's failure to comply with the provisions of this section.
Article 3: Recording Retention Policy
Any recordings made through your User Account may be deleted by Fathom at any time after one year from the date of the recording. Therefore, you should download your own copy of the recording soon after you make the recording using Fathom.
Article 4: Pricing
Fathom offers a range of subscription for its Services which includes a free trail and are incorporated by reference herein. You are responsible for checking all applicable prices/rates before making any call using Fathom’s services. Fathom reserves the right to modify its rates at any time and/or to offer special promotions and the changes will be notified in the pricing page of the Website.
Article 5: Features
We may from time to time introduce new features to a service or modify or delete existing features. We shall notify you of any changes made to the existing features or any new feature if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the modified terms of this Agreement, including any specific rules and regulations pertaining to those features.
Article 6: Billing Information and Billing Disputes
Fathom does send billing receipts to its customers via email (you can write to us at: [email protected]). In case of any billing related disputes including any incorrect payment amount/credit, you are required to notify Fathom of the same (by email) within one month of such dispute. Fathom will attempt to resolve all disputes within 7(Seven) days of being notified of a dispute. To the extent Fathom determines, at its sole discretion, that a billing adjustment is warranted, your User Account will be credited accordingly. If you fail to notifyFathom of a billing dispute as noted above, you shall waive all your rights to bring any claim regarding the disputed charges after the expiry of one month from such dispute.
Article 7: Ownership of the User Account
Fathom recognises the person who controls the registered mobile/phone number as the sole owner of the User Account.
Article 8: Cancellation
You may discontinue/cancel the Services at any time upon an electronic notice to Fathom. We shall then delete your User Account with us and notify you of the same. However, please note that you shall not be entitled to any refund of the unused balance in your User Account if you discontinue/cancel the Services. Additionally, you shall remain responsible for payment of all charges (if any) for Services rendered by Fathom till the date of discontinuance.
Article 9: Taxes
Unless otherwise stated in your pricing schedule, you are responsible for and shall pay all applicable taxes. This includes all federal, state and local taxes, fees, charges, surcharges or other similar exactions, imposed on or with respect to our Services whether these taxes are imposed directly on you or onFathom.
Article 10: Limitation of Liability
FATHOM SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS. FATHOM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF FATHOM HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FATHOM IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. FATHOM IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. FATHOM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. FATHOM ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE FATHOM SERVICES IN ANY COUNTRY. OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $1.
Article 11: Disclaimers
OUR WEBSITE AND THE SERVICES AND ALL OTHER INFORMATION AND CONTENT IN RESPECT OF OUR WEBSITE AND THE SERVICES AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED ON "AS-IS, WHERE-IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, REPRESENTATIVE AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE' AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND THE SERVICES, (C) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND THE SERVICES, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE AND THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH OUR WEBSITE AND THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Article 12: Service Area
Currently, the Website supports services in the United States of America, Canada, Brazil, France, Germany, Russia, the United Kingdom, Spain, Italy, India, China, Indonesia, Japan and Panama. As and when, new locations and geographies are added, the same shall be notified here. PLEASE NOTE THAT THE FATHOM SERVICES ARE NOT AVAILABLE FOR THE OFAC LIST OF SANCTIONED NATIONS (PLEASE DO REFER TO THE OFAC WEBSITE FOR THE UPDATED SANCTIONED NATION LIST)
Article 13: Service Levels
The Website does not guarantee that the Services shall be available at all times and the Website shall not be held liable for Service interruptions, outages, equipment failures, scheduled maintenance, or other force majeure conditions like natural calamities, war, explosions, etc. Fathom shall always act in good faith to make amends for any disruptions, loss and delay in the Services. Fathom shall not be responsible for any Services interruptions due to reasons beyond our control or for any unforeseen situations including any technical failures whether the same can be attributed to Fathom or not.
Article 14: Intellectual Property Rights
As between you and us, all of the content included in and as a part of the Website and/or Services including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics ("Content"), including all trademarks, service marks, and logos contained therein ("Marks"), including all know-how, trade secrets, inventions, goodwill and other intellectual property rights included in and as a part of our Website and/or the Services ("IP") is the property of, owned by or is licensed to us, and are subject to copyright and other intellectual property rights under laws of India and foreign laws and international conventions(as applicable). We reserve all rights in and to our Website, Services, Content, IP and Marks.
Article 15: Confidentiality
"Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information
Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party's prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorised use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimise such disclosure to the extent permitted by applicable law.
We may disclose customers' personal information or recordings in the following situations:
We may respond to subpoenas, court orders, or other legal requirements, or seek to establish or exercise our legal rights or defend against legal claims.
We believe it is necessary to disclose such information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to physical safety of any person, or violations of Fathom 's Terms of Service.
Article 16: Prohibited Activities
You may not access or use our Website and/or the Services for any other purpose other than as stated under this Agreement. Additionally, the following uses and activities of and with respect to us, including our Website and/or the Services, are prohibited:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets or other intellectual property rights;
- advertising to, or solicitation of, to buy or sell any products or services, unless authorized by us;
- systematic retrieval of data or other content from our Website and/or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
- engaging in unauthorised framing of or linking to the Website and/or the Services;
- transmitting chain letters or junk email;
- using any information obtained from our Website and/or the Services in order to contact, advertise to, solicit, or sell to any user;
- engaging in any automated use of our Website and/or the Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- use any automatic device, program, or methodology including but not limited to "deep-link", "page-scrape", "robot", "spider" or other such means, or any similar manual process, to access, acquire or copy any portion of our Website;
- interfering with, disrupting, or creating an undue burden/load on our Website and/or the Services or the networks or services connected or linked thereto;
- attempting to impersonate another user or person;
- using the User Account of another user;
- selling or otherwise transferring your profile;
- using our Website and/or the Services as part of any effort to compete with us or to provide services as a service bureau;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of our Website and/or the Services;
- attempting to bypass any measures of our Website and/or the Services designed to prevent or restrict access to our Website and/or the Services, or any portion of our Website and/or the Services;
- harassing, annoying, intimidating or threatening any of our employees or agents engaged in providing any portion of our services;
- refer to any website or URL that contains material that is inappropriate according to us;
- displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through our Website and/or the Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
- deleting the copyright or other proprietary rights notice or any portion of our Website and/or the Services (including any content therein and thereof);
- use our Website and/or the Services or any content for any purpose that is unlawful or prohibited by this Agreement or applicable laws;
- violate any of the terms and conditions of this Agreement or any other terms and conditions contained elsewhere within our Website and/or the Services; and
- copy any content, for republication in print or online.
Article 17: Website Management
We reserve the right, but do not have the obligation, to:
- monitor our Website and the Services and your use thereto for violations of terms of this Agreement;
- take appropriate legal action against anyone who, in our sole and absolute discretion, violates the terms of this Agreement, including without limitation, reporting such person to law enforcement authorities;
- in our sole and absolute discretion, remove from our Website and/or the Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to our Website; and
- otherwise manage our Website in a manner designed to protect our rights and property and to facilitate the proper functioning of our Website and/or the Services.
Article 18: Indemnity
- You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and their respective directors, officers, employees, shareholders, licensors, suppliers, Service Providers, representatives and agents (collectively, the "Indemnities") harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of and in relation to this Agreement; your use of our Website and/or the Services, including, without limitation your use in violation of this Agreement and/or applicable laws; and/or arising from a breach of this Agreement; and/or any breach of your obligations, representations, warranties, or covenants set forth in this Agreement; and/or arising from your transactions or communications with third-parties initiated via the Website.
- Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter/dispute for which you are required to indemnify an Indemnitee, and you agree to cooperate, at your expense, with our defence of such claims/disputes. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification provision upon becoming aware of it.
Section 19: Communications and Notices
- Except as explicitly stated otherwise, any notices to be given to us shall be given by email to [email protected] or such other email address as we may specify from time to time.
- Any notices to be given to you shall be given to the email address you provided during the registration process or such other address as you may specify. Notice shall be deemed to be given 24 hours after the email is sent.
- For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement as if it were in hardcopy writing.
- We may also choose to send notices by registered mail.
- We may communicate with you by SMS, telephone, mobile or by such other mode of communication, electronic, digital, mechanical, analogue or otherwise.
- Your use of our Website and/or the Services entitles you to receive periodic communication regarding our or third parties' products and/or services through email, SMS, telephone or by such other mode of communication, electronic, digital, mechanical, analogue or otherwise. You must not complain or take any action in law in case you get messages or emails from us or a third party. If you wish to not receive periodic informational communication from us or such third party, you can unsubscribe to the communication through your account settings.
Article 20: Termination
- This Agreement shall remain in full force and effect while you use our Website and/or the Services. You may terminate your use or participation at any time, for any reason, by ceasing to use our Website and/or the Services and notifying us.
- WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITH ONE DAY’S NOTICE, DENY ACCESS TO AND USE OF OUR WEBSITE AND/OR THE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR WEBSITE AND/OR THE SERVICES, DELETE YOUR USER PROFILE AND ANY CONTENT, CONTRIBUTION OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE AND ABSOLUTE DISCRETION.
- Upon such termination or discontinuance of this Agreement, your right to access and use our Website and/or the Services will terminate immediately. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities relating to such termination.
- Any provisions of this Agreement that, in order to fulfil the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfil such purposes.
Article 21: Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the India without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The User agrees that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the Courts in Mumbai, India.
Article 22: Arbitration and Class Action Waiver
Before bringing a formal legal case, please first try contacting us at [email protected] Most disputes can be resolved that way.
If we can’t help you, then we both can agree to go to binding arbitration, again, in Mumbai, Maharashtra, India.
All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this Agreement shall be submitted for final and binding resolution to a single arbitrator selected by us in accordance with the Arbitration and Conciliation Act, 1996, and any amendments thereof. The venue and the seat of arbitration shall be Mumbai, Maharashtra. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
You agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you on one hand nor Fathom on the other hand can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Fathom customers, and cannot be used to decide other disputes with other customers.
Article 23: Modifications
Fathom reserves the right, in its sole discretion, to modify this Agreement, or change, suspend, or discontinue the Website and/or the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you a notice through the Services, via e-mail or by another appropriate means of electronic communication. Fathom may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Your continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.
Article 24: Consent to Communications
By entering into this Agreement, you consent to the receipt of electronic mail ("e-mail"), text messages and customer service phone communication from Fathom. In addition to sending you text message notifications, Fathom may also send you communications about services and products we believe may be of interest to you. You may opt out of future e-mails and text messages about products or services by contacting us by e-mail at [email protected] Fathom reserves the right, however, to continue to contact you regarding important information relating to your User Account, or this Agreement.
Article 25: Entire Agreement
This Agreement is the entire agreement between you and Fathom with respect to the Services, including use of the Website, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Fathom with respect to the Services.
Article 26: Force Majeure
No failure, delay or default in performance of any obligation by Fathom shall constitute an event of default or breach of this Agreement to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence ofFathom, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster.
Article 27: Assignment
This Agreement is not assignable, transferable or sub-licensable except with Fathom’s prior written consent which consent may be withheld by Fathom. Fathom may assign, transfer or delegate any of Fathom’s rights and obligations hereunder without consent.
Article 28: Publicity
Fathom shall retain the right to use, publish and otherwise disseminate the user’s name, logo, and likeness in Fathom’s marketing material and on the Website, for promotional purposes and for any other lawful purpose. Your hereby expressly acknowledge and agree that Fathom shall have no obligation to use, publish or otherwise disseminate your name, logo, or likeness, by any means and for any purpose whatsoever.
Article 29: No Waiver
Fathom’s failure to enforce any part of this Agreement shall not constitute a waiver of Fathom’s right to later enforce that or any other part of this Agreement.
Article 30: Third Party Beneficiaries
The parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the parties hereto and their successors and permitted assigns. Nothing herein, whether express or implied, shall confer upon any person or entity, other than the parties hereto, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of this Agreement.
Article 31: Heading
The Article and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
Article 32: Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
Article 33: Language
All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
IMPORTANT NOTICE: Please appreciate that the privacy rights of others are as important as yours. Hence, you may not use the phone recording service being provided at https://www.fathomapp.com/ to violate the privacy rights of others or to access or intercept electronic communications in violation of wiretap statutes. The location of the caller and callee determines what obligations you have to ensure that privacy rights of others are not being violated. We at https://www.fathomapp.com/ will not notify the callee that the phone conversation is being recorded. It’s entirely and solely your responsibility as a caller to ensure that privacy rights of others are being respected.
Phone tapping and eavesdropping is illegal in certain states. In no way will Fathom or its subsidiaries or directors or employees are to be held responsible for inappropriate use of the Services. It is the responsibility of the User to ensure that conversations are only recorded in accordance with the law of the jurisdiction where the Services are utilised.
IT IS THE SOLE RESPONSIBILITY OF THE USERTO CONSULT LEGAL COUNSEL FOR THE INTERPRETATION OF ANY LAWS APPLICABLE TO THE AREA OF INTENDED USE OF THE RECORDING SERVICES.