Terms and Conditions

Legal Agreement and Binding Nature

These Terms and Conditions constitute a legally binding agreement between you and Fathomly. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any provision of these Terms and Conditions, you must immediately cease using our website and services.

Last Updated: January 20, 2026

1. User Obligations and Responsibilities

General Conduct

As a user of our website and services, you are responsible for your conduct and agree to:

• • Comply with all applicable local, state, national, and international laws and regulations in connection with your use of our services
• • Provide accurate, current, and complete information when required
• • Maintain the security and confidentiality of any account credentials
• • Use our services only for lawful purposes and in accordance with these terms
• • Respect the intellectual property rights of Fathomly and third parties

Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Using our services to transmit any unlawful, harassing, defamatory, abusive, threatening, or harmful material
• Attempting to interfere with, compromise, or damage the security of our systems or networks
• Engaging in any activity that could disable, overburden, or impair the proper functioning of our services
• Using automated systems or software to access our services without authorization
• Attempting to gain unauthorized access to any portion of our services or related systems
• Engaging in any form of data mining, scraping, or extraction of content without permission
• Misrepresenting your identity or affiliation with any person or organization
• Violating any applicable laws or regulations in your jurisdiction

Content Guidelines and Restrictions

When interacting with our services, you agree not to submit or transmit content that:

• Infringes upon the intellectual property rights of others
• Contains false, misleading, or fraudulent information
• Violates the privacy or publicity rights of others
• Contains viruses, malware, or other harmful computer code
• Promotes illegal activities or violates any laws

2. Age Restrictions and Requirements

Our services are intended for users who are at least 18 years of age. By using our services, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into binding agreements
• You are not prohibited from accessing or using our services under applicable laws

If we discover that a person under 18 has provided personal information, we will delete such information promptly.

3. Liability Disclaimers and Limitations

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties that our services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of content

We do not warrant that our services will meet your requirements or expectations, or that any defects will be corrected.

Limitation of Liability

To the maximum extent permitted by applicable law, Fathomly and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use our services
• Any conduct or content of any third party on our services
• Unauthorized access, use, or alteration of your transmissions or content
• Any other matter relating to our services

Exclusion of Consequential Damages

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing our services during the twelve months preceding the claim, or one hundred dollars, whichever is greater.

4. Indemnification Obligations

You agree to defend, indemnify, and hold harmless Fathomly, its parent companies, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorney's fees, fines, or penalties imposed by any regulatory authority) arising out of or related to:

• Your use or misuse of our services
• Your breach of these Terms and Conditions
• Your violation of any law, regulation, or rights of third parties
• Any content you submit or transmit through our services

5. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information in connection with your use of our services is described in our Privacy Policy. By using our services, you acknowledge and agree to our Privacy Policy.

You are responsible for maintaining the confidentiality of any data you access through our services and for any activities or actions under your account.

6. Third-Party Interactions

Our services may allow you to interact with third-party websites, services, or resources. We have no control over and assume no responsibility for the content, accuracy, privacy policies, or practices of any third-party services.

You acknowledge and agree that Fathomly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party services that you access.

7. Governing Law and Jurisdiction

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Fathomly operates, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising out of or relating to these Terms and Conditions or your use of our services shall be resolved through the following process:

1. Initial contact and good faith negotiation between the parties
2. Mediation if negotiation does not resolve the dispute
3. Binding arbitration or litigation in the appropriate jurisdiction if mediation fails

Venue and Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in our operating jurisdiction for the resolution of any disputes arising from these Terms and Conditions.

8. Force Majeure

Fathomly shall not be liable for any failure to perform its obligations under these Terms and Conditions where such failure results from circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather conditions
• War, terrorism, civil unrest, or government actions
• Labor disputes, strikes, or lockouts
• Network or telecommunications failures
• Pandemics, epidemics, or public health emergencies
• Any other events beyond our reasonable control

9. Severability and Waiver

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the invalid provision shall be severed from these terms, and the remaining provisions shall continue in full force and effect.

Waiver

No waiver by Fathomly of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

10. Modifications to Terms

We reserve the right to modify or replace these Terms and Conditions at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms.

It is your responsibility to review these Terms and Conditions periodically for changes. Your continued use of our services following the posting of changes constitutes your acceptance of such changes.

11. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published by us on our services, constitute the entire agreement between you and Fathomly concerning your use of our services and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter.