Terms of Service

These Terms govern access to and use of the Site and the Services provided by Fathom. Clients and other users which use the Site or any of the Services agree to be bound by the following Terms. Please read the Terms carefully. Use of the Site or any of the Services indicates an acceptance of these Terms. If you do not accept these Terms, you must not use the Site or any of the Services.

Fathom may amend these Terms from time to time. The scope or content of the Services may also be changed by Fathom from time to time. The amended terms will be published on the Site and be effective from the date of publication. Fathom will make every effort to communicate substantial changes to you via email or notification on the Site. Use of the Site or the Services after such amendment indicates an acceptance of the amended Terms. You can review the current version of the Fathom Terms of Use at www.fathomhq.com/terms and Access Standard Terms and Conditions at https://www.theaccessgroup.com/media/plvebub5/terms-conditions-standard-apac-v2-2.pdf

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Breach of any of the Terms may result, among other things, in the termination of your account.

Definitions

Account Holder
The individual who registers to use the Service on behalf of a Client.

Client
The entity or organisation, represented by the Account Holder, that acquires the Services from us.

Fathom, We, Us
Fathom Applications Pty Ltd and all related entities including Fathom USA Inc (United States), Fathom Applications UK Ltd (United Kingdom) (collectively referred to as Fathom) as part of The Access Group.

Invited User
Any person or entity, other than the Client and Account Holder, that uses the Service from time to time, at the invitation of, and with the authorisation of, the Account Holder.

Services
The various services made available through the Site and otherwise provided or made available by us.

Site
The Internet sites available at www.fathomhq.com, app.fathomhq.com, api.fathomhq.com, fathom.com and any other site operated by Fathom.

Terms
This Terms of Service agreement.

You, Your
Refers to all users of the Site and Services, including Clients, Invited Users and the Account Holder, unless expressly specified.

A. Account Terms

1. In return for payment of the subscription fees by the Client, we agree to provide the Services to the Client on these Terms along with the Standard Terms and Conditions. These Terms of Use takes precedence.

2. Users must nominate an email address and password (together referred to as your "login") to use the Site. Your login is used by you to access the Site and the Services. Fathom is entitled to assume that all access to and use of the Site and the Services using your login is access and use by you.

3. A login may only be used by one individual - a single login shared by multiple individuals is not permitted. The Account Holder may create separate logins for as many individual users as the Client’s subscription plan allows.

4. During the signup process the Account Holder and each User must provide their full name and a valid email address. As part of our security process we verify that you have access to the nominated email address.

5. You are responsible for maintaining the security of your account and password. Fathom is not responsible for any loss or damage arising from your failure to comply with this security obligation.

B. Payment, Refunds, Upgrading and Downgrading Terms

1. Payments will be charged using any credit card or other payment mechanism we have on record for the Client (or the Account Holder on behalf of the Client).

2. The Service is billed in advance on a monthly basis and those fees are non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

3. Payments will cover the use of the contracted Services for a monthly or annual subscription period as agreed.

4. All fees are inclusive of Australian GST (if required) but exclusive of all other taxes, levies, or duties imposed by taxing authorities. The Client is responsible for payment of all such taxes, levies, or duties.

5. The services and prices are described in detail at https://www.fathomhq.com/pricing

6. For any upgrade or downgrade in plan level, the Client will be charged the new rate commencing from the start of your next billing cycle.

7. Downgrading your Service may cause a reduction in features, or capacity of your Account. Fathom has no liability for such reduction.

8. Unless the Client (through the Account Holder) notifies Fathom before the end of the applicable subscription period that the Client wants to cancel, using the method described in Section C below, your subscription will automatically renew at the end of the then-current period and you authorise us to collect the then-applicable subscription fee in accordance with item B.1 above.

C. Cancellation and Termination

1. If you, as the Client, wish to terminate your account, the Account Holder must notify us using our normal account management and termination process within the Service. The Account Holder is solely responsible for properly cancelling your account. An email or phone request to cancel your account is not effective cancellation. The correct process to cancel your account is by clicking on the Administration link in the navigation bar at the top of the company selector screen, and choosing the Account/Billing screen. The Account/Billing screen provides an account cancellation link.

2. Upon cancellation, Accounting data associated with your account will be retained for a short period to allow reversal of the cancellation, after which it will be irrevocably deleted from the Service. Fathom reserves the right to maintain non-identifiable, anonymised, data for statistical and security purposes and logging data in accordance with our Privacy Policy found at https://www.theaccessgroup.com/en-au/privacy-and-legal/

3. There is no refund or credit of monthly fees for cancellation during a month.

4. Failure to pay our fees for any reason may result in the suspension or termination of a Client’s account (including all associated user accounts) and, after a short period, the deletion of those accounts and associated data.

5. Fathom, in its sole discretion, may decline to provide Services to anyone for any reason, and may suspend or terminate accounts and refuse access to or use of the Services for any reason at any time. Termination of the Services will result in the deactivation or deletion of user accounts or access to user accounts.

D. Modifications to the Service and Prices

1. Fathom may modify or discontinue the Services (or any part of them) with or without prior notice.

2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change by us upon 30 days’ prior notice. Such notice may be provided by us at any time by posting the changes to the site, by email, or provided through the Service itself.

3. Fathom is not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

E. Managing data privacy and data sharing among entities

1. The Service allows members of an organisation to import and analyse data from multiple entities (for example, multiple companies within a corporate group, or multiple unrelated companies such as members of a franchise group or trade association). The Service also allows an organisation to create user accounts for that organisation’s own clients. Data from such entities and clients may be entered, analysed and managed within the Service.

2. Importantly, you are accountable to ensure the appropriate roles and permissions are applied in order to avoid data being inappropriately shared amongst those entities.

3. Where an organisation groups companies into benchmark groups for comparative purposes, the level of access for the organisation’s users can be specified. The available access levels are:

1. "No access": the user has no access to any benchmark groups, meaning they will not be able to view any of the benchmark tools, or see data from other entities they do not have access to.

2. "Limited access": the user has access to the benchmark group, and can see certain companies identified in the analysis. These are companies which have been specifically shared with the user, and can be seen in the user's "My Companies" interface. The results and keyword categories of other companies in this group are visible, but the company names are not revealed.

3. "Full access": the user has access to a benchmark group and can see the name, results and keywords of all other companies in the group.

4. Fathom Clients must consider the data privacy arrangements you have in place with your clients, employees, team members or related entities before adding them as an Invited User into Fathom, importing their data into Fathom, or adding a client company to a benchmark group.

5. You agree to allow Fathom to collect, use and disclose personal information in accordance with the Fathom Privacy Policy located at https://www.theaccessgroup.com/en-au/privacy-and-legal/

Marketing

Unless Customer has specifically notified Fathom to the contrary in writing, Fathom may disclose your company as a customer of Fathom and may use your company’s name and logo on the Website and in Fathom’s promotional content in accordance with Customer’s brand guidelines or related documentation, if provided by Customer. Fathom will be granted a revocable, non-exclusive, non-sub-licensable, non-transferable, royalty-free right and license (the "Trademark License") to use, display and reproduce such party's name, logo, trademarks and service marks (the "Trademarks"). Both acknowledge that the other party's Trademark is and will remain the exclusive property of such party.