Welcome, and thank you for your interest in Fathom Video Inc. (“Fathom,” “we,” or “us”) and our website at https://fathom.video, along with our related websites, applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Fathom regarding your use of the Service.
Except for certain kinds of disputes, you agree that disputes between us will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FATHOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, and that your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. See Section 15 (Dispute Resolution; Arbitration).
If you are an entity, organization, or company, your access and use of the Service is subject to our Service and License Agreement instead of these Terms.
The below terms apply to your use of Fathom, including an agreement to arbitrate (if you do not opt out). Your trust is important to us, and we want you to understand these terms.
We have included courtesy summaries like this one to help you along as you read these terms, but the terms and not the summaries reflect our agreement.
The Service provides tools for use in connection with the conferencing service provided by Zoom Video Communications, Inc. (“Zoom”), which may include functionalities that enable the recording or transcribing of a user’s Zoom calls, or the sharing of portions of Zoom calls. See https://fathom.video for more details on how the Service works.
We want to make your Zoom calls even better. Fathom is designed to do that.
Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; (c) any information you provide to us is accurate and up to date; and (d) your use of the Service complies with all applicable laws and regulations.
Required Account. You must have an active Zoom account that supports the Service. You must be logged into and allow a connection from the Service to your Google Calendar or Outlook Calendar to use the Service. Your use of any third-party service may be governed by the third party’s terms and conditions, and any issue arising from your use of the third-party service is solely between you and the third party. Fathom is not an affiliate or partner of any such third party.
You must be 18 years old to use Fathom.
Limited Rights. Subject to your compliance with these Terms, we grant you, solely for your personal and non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) (if applicable) install and use one object code copy of any application associated with the Service on a device that you own or control; and (b) access and use the Service.
License Restrictions. Unless such a restriction is impermissible under applicable law or the activity is enabled by a functionality of the Service, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; (c) interfere with, disable, or circumvent any feature of the Service, including any security features or access control mechanism; or (d) reverse engineer or attempt to discover the source code of any portion of the Service. If you are prohibited under applicable law from using the Service, you may not use it.
Prohibited Conduct. To use the Service, you agree not to:
We provide Fathom for your personal use. While using Fathom, we ask that you respect the law, our intellectual property and policies, and other users.
We reserve the right to determine pricing for the Service. We will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. We may change the fees for any feature of the Service, including new or additional fees or charges, if we give you advance notice of changes before they apply. We may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
We may change our pricing, but we will give you a heads up.
Ownership. The Service is owned and operated by Fathom. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Service are the property of Fathom or our third-party licensors, and we reserve all rights to the Materials. You may use the Materials only as expressly permitted by us under these Terms.
Feedback. If you choose to provide us with input and suggestions regarding the Service (“Feedback”), then you agree that we may use and exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, without compensation to you.
We own the rights in Fathom. If you have a suggestion for us, we would love to hear it and use it to improve our products.
License to Your Content. You may be able to record or transmit content using the Service, including content that is accessible by or visible to third parties, such as other users of the Service. This may include messages, images, text, audio content (including voice, sound recordings, and musical works), comments, photos, video (including all sound recordings and musical works embodied therein) or other types of works of authorship (your “User Content”). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid, perpetual right and license (with the right to sublicense) to host, store, transfer, display, reproduce, modify for the purpose of formatting for display, and distribute your User Content to provide and improve the Service. You also grant to other users of the Service and any other third parties with whom you share your User Content using the Service a non-exclusive license to access and use your User Content as permitted by the Terms and the functionality of the Service. Except as provided in these Terms, you retain any copyright and other proprietary rights that you may have in your User Content. Additionally, by using the Service to record content, such as all or part of a Zoom call, you authorize us to reproduce and store such content and agree that we do so at your direction.
Fathom allows you to add notes to your recorded Zoom calls. When you do so, you let us use that content (the notes and the recording) to provide and improve Fathom.
Deletion of Your Content. We want you to have as much control over your User Content as possible. When you request deletion of any or all of your User Content, we will do our best to immediately and permanently remove it from the Services. However, you acknowledge that: (a) it may take us some time to remove your User Content from the Service, and your User Content may remain accessible or visible to other users during that time; and (b) copies of your User Content may persist in our back-up servers. When you uninstall or otherwise remove the Service from your device, we will permanently delete your User Content and other data provided by you to us, unless we have your consent to retain it.
You control your content. If you want to delete your content from Fathom, let us know and we will do our best to remove it.
Your Warranties. By providing User Content via the Service, you represent and warrant to us that:
We respect your intellectual property and other laws, and ask that you only provide content in a manner that respects other people, including their intellectual property rights.
Our Disclaimer; Your Waiver. You are responsible for your User Content. We will not be responsible for any User Content and you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content.
Digital Millennium Copyright Act. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about content posted on the Service, you may contact our designated agent at the following address:
Fathom Video Inc.
Attn: Legal Department (Copyright Notification)
2261 Market Street #4156, San Francisco, CA 94114
Any notice alleging that content hosted by or distributed through the Service infringe intellectual property rights must include the following information:
We will promptly terminate the access (if any) of users that are determined by us to be repeat infringers in accordance with our policy.
You are responsible for your content. We do not control the content on Fathom, although we may investigate reported violations of these terms.
While you are using our app, we may send you messages via in-app notifications. You can turn off notifications in your settings within the Service. We may also send you emails concerning our or a third party’s products and services. You can opt out of promotional emails by following the instructions in the email itself.
Third-Party Services. We may provide tools through the Service that enable you to export information (such as User Content) to third-party services, including through features that allow you to link to an account on the third-party service, such as Slack, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information.
Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
You may encounter third-party services and software while using Fathom.
We reserve the right to change these Terms on a going-forward basis at any time upon notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Changes are effective upon publication or your acceptance of them. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by you and an authorized representative of Fathom. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently. We will notify you in the event we decide to deactivate or terminate the Service. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described below. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, we may terminate these Terms, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may also terminate these Terms at any time by contacting us at email@example.com.
Here is how either of us may terminate these terms.
When these Terms terminate: (a) rights granted by us to you will terminate and you must immediately stop using the Service; (b) you must pay us any unpaid amount that was due prior to termination; and (c) all payment obligations accrued prior to termination and Sections 4 (Intellectual Property), 5 (Content Provided by You and Other Users), 11 (Effect of Termination), 12 (Indemnity), 13 (Warranty Disclaimer), 14 (Limitation of Liability), 15 (Dispute Resolution; Arbitration), 16 (Governing Law), 17 (Miscellaneous) will survive.
Even after termination, some of these terms will stay effective.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Fathom, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Fathom Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
When you violate these terms or get in a dispute, we may ask you to reimburse us for certain costs.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FATHOM ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FATHOM ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. We do not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
We continue to improve Fathom, but it may sometimes be unavailable or have errors. We don’t guarantee that Fathom will meet your expectations.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FATHOM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FATHOM ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 15 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FATHOM ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some damages are not recoverable under these terms.
Generally. In the interest of resolving disputes between you and Fathom in the most expedient and cost effective manner, and except as described in this Section, you and Fathom agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FATHOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of arbitration and the provisions of this Section within 30 days after the date that you agree to these Terms by sending a letter to Fathom Video Inc., Attention: Legal Department – Arbitration Opt-Out, 2261 Market Street #4156, San Francisco, CA 94114 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section 15 will be void and any action arising out of these Terms will be resolved as set forth in Section 16 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Arbitrator. Any arbitration between you and Fathom will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our address for notice is: Fathom Video Inc., 2261 Market Street #4156, San Francisco, CA 94114. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Fathom may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Fathom must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.
Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Class Action Waiver. YOU AND FATHOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fathom agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If we make any future change to this Section 15, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your authorization to access the Service will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If the class action waiver or the entirety of this Section is found to be unenforceable, or if we receive an Opt-Out Notice from you, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16 (Governing Law) will govern any action arising out of or related to these Terms.
Disputes are unlikely, but may happen. The next two sections describe how they would be resolved. If you would like to learn more about what arbitration means or to opt out, please read this section carefully.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Fathom submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Where we have an arrangement in place with a customer who is encouraging you to use our Services (for example, your employer or another business or organization), we in some circumstances obtain and process your personal information on behalf of and at the instructions of such a customer. Their privacy policies will apply to the processing of your information and we encourage you to read their privacy policies.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Contact Information. The Service is offered by Fathom Video Inc., located at 2261 Market Street #4156, San Francisco, CA 94114. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Support. We will use commercially reasonable efforts to provide prompt and comprehensive support services to our users. If you have a question about the Service, please email us at email@example.com. Zoom has no obligation to provide support services with respect to the Service.
International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
Here’s a bit more information about these terms, how we handle your data, and how you can contact us.