Fathom

"Based on how you configure your account settings, we may use and create de-identified data generated from Meeting Content Information to improve our Services by training, improving, and customizing our in-house artificial intelligence models. You can opt out from this use of your data in your account settings. We do not authorize third parties (e.g., OpenAI, Anthropic, Google, etc) to use your personal information or Meeting Content Information to train their artificial intelligence models;"

"You can opt out from this use of your data in your account settings. We do not authorize third parties (e.g., OpenAI, Anthropic, Google, etc) to use your personal information or Meeting Content Information to train their artificial intelligence models; For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and For other purposes for which we provide specific notice at the time the information is collected. If you are in the European Economic Area or the UK, we only process your personal information when we have a valid lawful basis. Consent . We may use your personal information when you have given your consent to do so. Contractual necessity . We may use your personal information to perform our end of our contracts with you. For example, to provide you with the Services. Legal obligation . We may use your personal information when we are legally required to. For example, to comply with tax and accounting obligations, or to comply with a court order. Legitimate interest . We may use your personal information when we, or a third party, have a legitimate interest in doing so. For example, we have a legitimate interest in understanding usage and improving the Services. We only rely on our or a third party’s legitimate interests to process personal information when these interests are not overridden by your rights and interests."

"If we receive an account deletion request, we will use commercially reasonable efforts to delete your recordings and personal information within 30 days of your account deletion request, although we cannot guarantee that deletion will always occur within this timeframe. However, if we are legally required to retain that information under applicable laws, we will retain your personal information, subject to the “Data Retention” Section above, but we will take measures to pseudonymize it."

"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, we will give you advance notice of changes before they apply in the next billing cycle. 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 reserve the right to suspend your Service if you fail to pay your fees when they are due."

" We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or disclose personal information previously collected from you through the Services, we may notify you through the Services, by email, or other communication. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes."

" You can delete your Fathom account at any time from your account settings. If you no longer use our Services, your account and the personal information in it will remain unless you actively delete the account from your account settings. If we receive an account deletion request, we will use commercially reasonable efforts to delete your recordings and personal information within 30 days of your account deletion request, although we cannot guarantee that deletion will always occur within this timeframe. However, if we are legally required to retain that information under applicable laws, we will retain your personal information, subject to the “Data Retention” Section above, but we will take measures to pseudonymize it. If you deauthorize Fathom through your Google or Outlook account settings, your Fathom account will be disabled until you reconnect either an Outlook Calendar or Google Calendar account. As noted above, linking an Outlook Calendar or a Google Calendar account is core to our Services and without a linked Outlook Calendar or a Google Calendar, you will not be able to successfully use our Services. Please note that, if you use our Services through a business account of one of our customers, for example your employer or another business or organization, their privacy policies will apply to the processing and deletion of your information. We will not be able to delete the personal information on the business account on your request. If you have questions about your privacy on the Services or this Privacy Policy, please contact us at privacy@fathom.video ."

"You can opt out from this use of your data in your account settings. We do not authorize third parties (e.g., OpenAI, Anthropic, Google, etc) to use your personal information or Meeting Content Information to train their artificial intelligence models; For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and For other purposes for which we provide specific notice at the time the information is collected. If you are in the European Economic Area or the UK, we only process your personal information when we have a valid lawful basis. Consent . We may use your personal information when you have given your consent to do so. Contractual necessity . We may use your personal information to perform our end of our contracts with you. For example, to provide you with the Services. Legal obligation . We may use your personal information when we are legally required to. For example, to comply with tax and accounting obligations, or to comply with a court order. Legitimate interest . We may use your personal information when we, or a third party, have a legitimate interest in doing so. For example, we have a legitimate interest in understanding usage and improving the Services. We only rely on our or a third party’s legitimate interests to process personal information when these interests are not overridden by your rights and interests."

"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."

" 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. 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 THE GREATER OF (I) US$100 AND (II) THE AMOUNT PAID BY YOU OR PAYABLE BY YOU UNDER THESE TERMS DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. 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."

"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 THE GREATER OF (I) US$100 AND (II) THE AMOUNT PAID BY YOU OR PAYABLE BY YOU UNDER THESE TERMS DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE."

"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."

"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."

"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; (d) gross negligence or willful misconduct; or (e) 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; provided that if you have a Team Account, you as the organization shall have the right to control the defense of those claims. You will not settle any claim without our written consent, such consent not to be unreasonably withheld."

"If you do not wish to receive such ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of ads in mobile apps. Information received by these parties includes Device Information. For the avoidance of doubt, information received by these third parties does not include your Meeting Content Information, Registration Information, or your Fathom account information. As Required By Law and Similar Disclosures. We may access, preserve, and disclose your personal information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order, subpoena or other legal process; (b) respond to your requests; (c) detect and investigate security incidents and potentially illegal or prohibited activities; or (d) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services. Merger, Sale, or Other Asset Transfers. We may transfer your personal information to advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets or stock. "

"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 through your CRM systems. 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."

"Any User Content that is non-public and proprietary to your business, including your business and marketing plans, technology and technical information, product plans and designs, and business processes, and any recordings or other embodiments of that information created using the Service is your “Confidential Information”. We will use commercially reasonable efforts to prevent any unauthorized use or disclosure of your or Customer’s Confidential Information, including by implementing technical, administrative, and organizational security measures to ensure the security, integrity and confidentiality of your or Customer’s Confidential Information, and to notify you if we become aware of any unauthorized access or use of your Confidential Information. Training AI. We do not authorize third parties to use your personal information or User Content to train their artificial intelligence models. We may use and create de-identified data generated from your User Content to train, customize or improve our in-house artificial intelligence models in order to improve our Service. You can opt out of the use of your de-identified data in this manner within your Fathom account settings. Your Warranties. By providing User Content via the Service, you represent and warrant to us that: you own your User Content, or have the necessary licenses, rights, and consents to grant the licenses to your User Content under these Terms; your User Content, and the use of your User Content in accordance with these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy,"

" ‍ Employment and Recruitment If you send us an application to be considered for an advertised position (or unsolicited), this information may be used to assess your application or suitability for employment with us. This information may be disclosed to our related bodies corporate and service providers for purposes such as aptitude and psychological testing or other human resources management activities. As part of the application process, you may be asked for your consent to the use and disclosure of certain personal information about pre-employment testing. We may also ask you to consent to the disclosure of your personal information to those people who you nominated to provide references. A refusal to provide any of this information, or to consent to its proposed disclosure, may affect the success of the application. This policy does not apply to our handling of information about our employees. Our handling of employee records is exempt from the Australian Privacy Principles under the Privacy Act 1988 (Cth) (the "Australian Privacy Act") if the act or practice is directly related to: either a current or former employment relationship between us and the individual; and an employee record held by us relating to the individual. For information about our practices relating to employee records, please contact us at privacy@fathom.video ."

" Profile Information. You provide us with Registration Information when you connect to our Services using third-party login options such as Google, Microsoft, or a single sign-on (“SSO”). At account registration, our Services will link to your Google Calendar or Outlook Calendar. You may also elect to connect your Fathom account to your Zoom account or other compatible third-party conferencing applications. If you sign up for notifications or updates, or participate in our surveys, we may ask you for your name, email address, and job title or role. Communications. If you contact us directly, we may receive additional personal information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, the contents of a message or attachments that you may send to us, and other information you choose to provide. If you subscribe to our newsletter, then we will collect certain information from you, such as your email address. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services. You may opt-out or unsubscribe from these emails at any time by clicking the “Unsubscribe” link in the email. Meeting Recordings. If you use our Services to record or transcribe your meetings, we will receive the personal information contained in the content of those meetings. If you use our Services to tag, take notes on, or rate your meetings, we will similarly receive the personal information contained in the content and timestamps of those actions."