TERMS OF SERVICE

Last updated: July 8, 2026

1. ACCEPTANCE OF THESE TERMS

These Terms of Service (the "Terms") are a binding agreement between you and Fathom Signal, a United States company operating as FATHOM ("FATHOM," "we," "us," "our"). They govern your access to and use of the website at fathomsignal.com, the FATHOM application, and related services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms and to our Privacy Notice. If you do not agree, do not use the Services.

Access to the application is provided through a program run with a client organization (a "Program"). Your enrollment, participation schedule, and any Program-specific terms come from that Program. Where these Terms and a Program agreement differ, the Program agreement governs for that Program.

2. ELIGIBILITY AND YOUR ACCOUNT

You must be at least 18 years old and enrolled in a Program to use the application. Login links are sent only to the email address under which you are enrolled; access to that email is your credential. You are responsible for keeping that email secure and for all activity submitted from your account. Notify us promptly at team@fathomsignal.com if you believe your access has been compromised.

3. ACCEPTABLE USE

You agree that you will not:

  • Submit anything other than your own honest observations. Fabricated claims are auditable and are filtered by validation.
  • Attempt to identify the author of any response, defeat or probe the platform's identity protections, or re-identify any individual from any output.
  • Probe, scan, disrupt, or test the vulnerability of the Services, or attempt to access data or accounts not intended for you.
  • Use any automated means to access the Services, or copy, scrape, or harvest content or data from them.
  • Reverse engineer, decompile, or disassemble any part of the Services, except where that restriction is prohibited by law.
  • Submit content you have a legal duty not to disclose, or content that infringes any third party's rights.
  • Use the Services in violation of any applicable law or regulation.

We may suspend or terminate access that violates these Terms, and will work with the Program's administrator before doing so where practical.

4. YOUR CONTENT

You retain ownership of what you write. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, validate, transcribe, and synthesize your submissions into reports and to operate, protect, and improve the Services, in each case as described in our Privacy Notice. This license exists only to run the service; it does not permit us to sell your content, use it for advertising, or use it to train AI models. You represent that you have the rights necessary to submit what you submit.

5. OUR INTELLECTUAL PROPERTY

The Services, including all software, design, text, marks, and the structure and presentation of synthesized reports, are the property of Fathom Signal or its licensors and are protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services as permitted by these Terms and your Program. No other rights are granted. The FATHOM name and mark may not be used without our prior written consent. Synthesized reports are provided to client organizations and participants for their internal use and may not be resold or published.

6. FEEDBACK TO US

If you send us suggestions or feedback about the Services, we may use them without restriction or obligation to you. This section concerns feedback about our product; it has nothing to do with the observations you submit through the platform, which are governed by Section 4 and the Privacy Notice.

7. THIRD-PARTY SERVICES

The Services rely on third-party infrastructure providers, listed in our Privacy Notice. The Services may also contain links to third-party sites. We are not responsible for third-party sites or services, and your use of them is governed by their own terms.

8. DISCLAIMERS

Reports are AI-generated synthesis of human observations, labeled as such, and are directional inputs to human judgment. They render no verdicts and recommend no outcomes. We do not warrant that any report is complete, accurate, or suitable for any particular decision.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) FATHOM SIGNAL AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100) OR THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Fathom Signal and its officers, employees, and agents from and against claims, damages, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or your misuse of the Services, except to the extent caused by our own breach of these Terms.

11. DISPUTE RESOLUTION AND ARBITRATION

Please read this section carefully. It affects your legal rights.

Informal resolution first. Before filing any claim, you agree to write to us at team@fathomsignal.com describing the dispute, and to give us 30 days to resolve it with you informally.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in English, by a single arbitrator, and may proceed remotely. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or for unauthorized access to the Services.

Class action waiver. Disputes will be resolved on an individual basis only. NEITHER PARTY MAY PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST THE OTHER. If this waiver is found unenforceable as to a particular claim, that claim, and only that claim, will proceed in court.

Opt out. You may opt out of this arbitration agreement by emailing team@fathomsignal.com within 30 days of first accepting these Terms, stating your name, enrolled email address, and intent to opt out. Opting out does not affect any other section of these Terms.

12. GOVERNING LAW

These Terms and any dispute arising out of them are governed by the Federal Arbitration Act as to Section 11, and otherwise by the laws of the State of Delaware, without regard to conflict-of-law rules. Where a claim proceeds in court under these Terms, it will be brought exclusively in the state or federal courts located in Delaware, and both parties consent to their jurisdiction.

13. TERMINATION

You may stop using the Services at any time; participation questions belong to your Program. We may suspend or terminate your access as described in Section 3, if your Program ends, or if we discontinue the Services. Upon termination, the licenses granted to you end, and the data-handling commitments in the Privacy Notice, including its retention and deletion schedule, continue to apply. Sections 4 through 12 and 14 through 15 survive termination.

14. CHANGES TO THE SERVICES AND THESE TERMS

The Services will change as we build. We may modify or discontinue features, and we may update these Terms. When we do, we will update the date at the top, and for material changes affecting active participants we will provide notice in the application before the change takes effect. Continued use of the Services after a change takes effect constitutes acceptance of the revised Terms.

15. GENERAL

  • Export and sanctions compliance. You may not use the Services in violation of United States export control or sanctions laws, and you represent that you are not located in an embargoed jurisdiction or on any U.S. government restricted-party list.
  • Entire agreement. These Terms, the Privacy Notice, and any applicable Program agreement are the entire agreement between you and us regarding the Services.
  • Severability. If any provision of these Terms is found unenforceable, it will be limited to the minimum extent necessary and the remainder will remain in effect.
  • No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
  • Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, in which case these Terms and the Privacy Notice's commitments bind the successor.
  • Notices. We may provide notices through the application or to your enrolled email address. Notices to us go to team@fathomsignal.com.

16. CONTACT

Fathom Signal · team@fathomsignal.com