tos

Fathom.Finance

Statement of Terms “Terms of Use”

1. General Terms and Conditions

a.) These terms of use (“Terms”) govern your use of the Fathom.Finance Website and Decentralized Application (“DApp”) for the Services offered on or through them. The Website and “DApp” constitutes Fathom.Finance’s online services or “Services.” Please read these Terms carefully before using the Services as they constitute a legally binding agreement between you and Fathom.Finance. If you do not agree with any provision in these Terms, then please stop using our Services immediately – continuing to do so indicates your acceptance of these Terms and constitutes implied consent. We may update these terms periodically without prior notice to the user, so please check back periodically for changes that will be effective upon the date being posted and updated to the Website. 

By continuing to engage with our Services and continuing to remain on the Website, you agree to our Terms of Service and Privacy Policy. You also confirm that you have read and accepted the qualifications agreement before engaging further. Please note that none of our Services online, which includes all information listed or written on the Website or by a third-party provide absolutely no financial advice or service. All provided Services by Fathom are done through smart contracts that require no authority from any party and are blind to extrinsic value biases and are not to be construed as a financial service or provider.

2. Eligibility

a.)  You are only entitled to use our Service if You comply with all of the following:

b.)  You are at least 18 years old;

c.)  Your access has not been provoked in the past from our Services; and

d.) If you are using the Services on behalf of a corporation, governmental organization or other legal entity, you have the right and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity.

e.) You may not use a virtual private network software or any other privacy anonymization tools or techniques to circumvent any restrictions that apply to the Services, especially those which restrict the geographical availability of certain features of the Services or function.

3. Services

a.) Users may access information on cryptocurrency, digital coins/currency, and initial coin offerings that do not include securities or security tokens, project information, token swap market values, and other related digital currency data, as well as APIs (applications programming interface), widgets, plugins, extensions, or patches developed by third parties. The Services also cover features such as online subscription, registering interest in any of our services or events, messaging services, update functions, third-party products (including applications, widgets, coins, and tokens), and any other service or product provided by the company (“Services”).

b.)  The Services provided by Fathom.Finance and the Website are only to be used for informational purposes, and multiple sources should always be consulted before making any decisions. You must use proper due diligence and Your best judgment when making these decisions, as We do not guarantee the accuracy of Content on Our Website. We are also not responsible for typographical or database errors. All Services (including, without limitation, Content, such as pricing data) are provided “as is” and for information only. We do not buy or sell assets, and any posted prices are not offers to purchase or sell. Our prices are not guarantees of value that can be obtained for any particular item.

c.)  We have not suspended or terminated Your access in the past for any reason to use Our Services and Website; and

d.)  If You are using the Services on behalf of a corporation, governmental organization or other legal entity, You have the right, power, and authority to enter into the Terms on behalf of such corporation, governmental organization or other legal entity and bind them to these Terms;

e.)  You are not prohibited from using the Services under the laws of the country in which You reside or are located while using the Services;

f.)   You do not use virtual private network software or any other privacy or anonymization tools or techniques to circumvent any restrictions that apply to the Services, especially those which restrict the geographical availability of the Services.

4. Your Wallet

a.)  You may need to connect your non-custodial wallet to the “DApp” which is available thru our Website if you want to enable some additional features our Services provide. Additional Services we offer require linking Your “Wallet” from a third party to display the amount of $Fathom you may hold. The Services we provide include a system of applications and smart contracts that only exists on blockchains and servers–which means we are NOT responsible for custody over your digital asset wallets’ cryptographic private keys or liable for a financial loss in any manner. Finally, this agreement isn’t meant, nor does it form any fiduciary duties from Fathom.Finance towards You. We draw to your attention that the wallet is a third party and advise you to read its terms of use (“Services”) and acknowledge the possibility of a complete loss of all information and finances.

b.)  Some of the Services we offer will incur a fee, which goes to compensate for the computational resources needed to carry out said service on decentralized infrastructures. These fees are called “gas” charges. By accessing the Website, you agree that we have no control over any Distributed Ledger Technology transactions or payments. Therefore, it is your responsibility to ensure that you have a sufficient balance of “gas” fees or network tokens stored in your wallet address before attempting to access specific information on the site. Additionally, please note that we are not a wallet provider, exchange, broker, financial institution, bank insurance company licensed entity, or creditor.

c.)  We will never store your private keys, backup phrases, or passwords (the “Private Information”). It is crucial that you back up this information. If you happen to lose your Private Information, then we will not be able to recover it for you and as a result, you could lose access to all of your cryptocurrency.

5. $Fathom Token (“Fathom”)

a.)  $Fathom token or “Fathom,” is the native token of Our Website, DApp, and Ecosystem. Some of the Services would be available only by holding a certain amount of Fathom in Your Wallet.

b.)  You understand that virtual currencies are unstable, and Fathom is not regulated by any government body. It also does not have insurance licenses (or any other permits or licenses), and it is not an investment, insurance policy, security, or financial product/instrument.

6. License

a.) The only permissible way to use the Services is by expressly abiding by these Terms. All rights that are not expressly granted to you remain reserved for Fathom.Finance, third-party providers, and other respective owners (if any).

b.)  The Content accessible through the Services is copyrighted and/or trademarked work of Fathom.Finance or Our third-party licensors and suppliers (collectively, the “Content”). You agree that the Services have been developed, compiled, prepared, revised, selected, and arranged by Fathom.Finance and such third parties use methods and standards of judgment. We have expended a large amount of time, effort, and money to develop the Services and Content. We consider them our intellectual property and protected under copyright and federal laws. Therefore, you must protect our proprietary rights during and after these Terms end in addition to complying with all written requests made by Fathom.Finance to uphold Our contractual, statutory, and common law rights in the Services.

c.)  By agreeing to these terms, you are granted a limited license to use the Content and Services for strictly personal means. Any commercial purposes are strictly prohibited and will be met with consequences if found in violation. You are not allowed to modify, copy, distribute, sell, or lease any part of the Services or Content. You also cannot reverse engineer or attempt to extract the source code of that software unless given explicit permission by Fathom.Finance.

d.)  You agree to indemnify and hold harmless the Company, its related companies, subsidiaries, affiliates, officers, agents, employees, staffers, volunteers and suppliers from any third-party claim arising out of or in connection with Your use of any of Our products or property. If you fail to uphold any of the company’s standards outlined in these terms or our privacy policy, including but not limited to breaching legal agreements, causing financial damages, or engaging in illegal activity. We will send You formal documentation outlining said claims and violation(s). Your automatic forfeit shall be engaged if You continue to break any more term(s) after initial notification.

7. Access to the Services

a.)  We reserve the right to limit the scope of use of the Website, DApp, and Services to Users at Our sole discretion, including in cases where We suspect that they violate these Terms.

b.)  If you violate the Terms, or any other event that we consider necessary, including but not limited to:

(a) maintenance work; 

(b) the inability of Our service providers to provide You with the Services; without notice and at Our discretion, We may end this agreement with You if any of the following occur: 

(c) market disruption; 

(d) blockchain failure;

(e) Your failure to meet Our requirements listed in this agreement; 

(f) pending litigation, investigation, or government proceeding related to You or Your Wallet; and/or 

(g) We believe there is a heightened risk of legal or regulatory non-compliance associated with 

Your wallet’s activity.

1. Suspend Your access to all or a portion of Our Services, Website, and DApp; or
2. Terminate Your access to Our Services Website, and DApp by deleting or deactivating Your connection to Our Services with Your wallet.

8. Disclaimers

a.)  The Services provided are strictly for educational, informational, and entertainment purposes only. We do not work as securities brokers/dealers, crypto asset brokers/dealers or financial advisers, analysts, or planners. Also, we are neither licensed nor qualified to give investment advice. The information included in the Services cannot be used as an offer to buy or sell assets such as securities. Additionally, nothing on our Website or DApp considers the specific objectives, financial situation, or needs of the individual therefore, this should not be construed as a personal recommendation.

b.)  We do not guarantee that any of the information available on our platform is accurate, reliable, current, or complete. Some of this information may come from exchanges, news providers, market data providers, and other content providers who are generally considered to be sources of reliable information. However, due to human and machine error mistakes can be made, therefore, we cannot promise that the information on our website is accurate, complete, or timely.

c.)  Investing in cryptocurrency and other assets is a risky decision that should only be made after consulting with qualified financial professionals. Day trading cryptocurrencies or other assets carries an even higher risk of substantial monetary losses. Trading can be a risky endeavor; please consult with a financial professional before starting any program to see if it is right for you. Additionally, we are not responsible for any losses or damage that result from trading activities based on information received through our Services, Websites, DApps or third parties.

d.) If you provide any services to third parties through our Services, such as investment advising or brokerage, you are solely responsible for those services and recommendations. You agree that you are appropriately qualified and certified to do so, with all necessary licenses and permits in place. You agree that you will not hold Fathom.Finance responsible for any decisions or recommendations made to customers or clients. You also agree that: 

(a) you are solely responsible for all advice, recommendations, or services provided to your clients and anyone using our services does so at their own risk; 

(b) we have no liability whatsoever toward your clients; and 

(c) We will not be held liable for any disputes between You and Your clients.

(d) Anything that You tell Your clients about the Services must not go against all disclaimers, warranty limitations, and limitations of liability by Fathom.Finance. If it does, then You agree to indemnify, defend, and hold Fathom.Finance harmless from being blamed or charged for anything because of those actions.

9. Prohibited Activities

You undertake to use the Website and the Services respectfully, and You undertake that:

a.)  You are solely responsible for the User Content you upload, download, publish or transmit (“Post”) on or through the Services. By Posting any User Content on any of Our Service pages, Website, or DApp, you represent and warrant that such User Content is non-confidential and therefore may not be protected by copyright law. 

b.) You further represent and warrant that Publishing your User Content will not violate anyone’s right to privacy or other rights of publicity/personality protection including but not limited to intellectual property rights. In addition, when using particular Services within the website – e.g., uploading photos – please respect others’ copyrights by only Posting content that belongs to you without violating someone else’s proprietary interests in it unless they have given their expressed prior consent. 

c.) Do not submit any information or other material that includes a virus or other software that may damage Our computer systems or those of any third parties, and do so in a manner that may restrict or prevent others from using the Website. 

d.) Ensure all submitted information does not violate the law; 

e.) Do not include advertisements without Our prior written permission.

f.) Delete or modify attributions, legal notices, and other proprietary designations only with Our written consent.

g.)  Grant any person access to your Wallet except if expressly permitted herein.

h.)  Use the Services using any interface other than the Website;

i.)  Interfere with other Users’ use of the Website and/or the Services;

j.)   Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

k.)  Use bots or other automated methods to access or use the Website and/or the Services;

l.) Uploading or attempting to upload, without Our express permission, any material that passively or actively collects information;

m.) Violate any applicable laws or regulations, encourage illegal activity such as copyright infringement, etc.

n.)  Modify the source code of the Website in any way, upload any software or application that could damage Fathom.Finance, the Website, Dapp, or another third party;

o.) Disassemble, decompile, or engage in reverse engineering of any software included in or used by the Website used to provide Services; or

p.) Encourage anyone else to participate in activities prohibited under this section.

Without prejudice to any of our other rights, if we believe that your use of the website or services does not comply with these terms or applicable law, we may track your use of the website or services, prevent you from accessing the website, transfer information about how you use the website to third parties, and take any other action that we deem appropriate to protect our property and/or rights and/or the rights of third parties.

10. Intellectual Property Rights

a.)  The Website and its content, including the video materials, text, photos, logos, and graphical display of data, designs, sound, figures, analysis, statistics, trademarks, and any other content embodied in the Website, are protected by Our intellectual property rights or those of third parties.

b.)  By using our Website and/or Services, You automatically agree that We own all rights to the Websites, DApps, and/or Services. Additionally, you are only granted the right to use our Websites, DApps, and/or Services as long as you follow these Terms and the Privacy Policy.

c.)  You may not decompile, disassemble, reverse engineer, copy, transfer create derivative works from, rent distribute, or republish any part of the Websites, DApps, and/or Services without Our prior written consent.

11. Warning

a.)  The value of crypto assets can change rapidly, both increasing and decreasing in worth. You could even lose the entire amount you invested.

b.)  Investments made in start-up companies always come with a high level of risk, so it is crucial to understand their business model before investing.

c.)  Unlike investments like stocks, bonds, and other securities, cryptocurrencies are not backed by any customer protection mechanisms. This means that their prices could be susceptible to manipulation or false formation without the proper checks and balances in place.

12. Limitation of Liability

a.)  The content on the Websites, DApps, and/or Services is provided solely for informational entertainment purposes. Nothing on or in the Websites, DApps, and/or Services shall form an offer of any currency, security, investment advice, or financial instrument nor be construed as a recommendation (such as recommendations to purchase a currency, security, or instrument) by the Company or a recommended investment strategy by the Company. The Content should not be considered sufficient information upon which to base an investment decision content on our Websites, DApps, and/or Services is not individually tailored to any person, organization, or group’s specific needs. The Company also does not have an opinion regarding the future value of securities or investments. Our website’s content may not be used as a foundation for any financial product without receiving the Company’s express written consent first.

b.)  By using the Website and/or Services, you agree that any risk lies with you. We fully disclaim all warranties surrounding the Website and Services–including merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness–in connection to your use of them. The Services, including all content and functions available on or accessed through the Website, are provided “as is,” “with all faults,” and “as available.”

c.)  You must take security measures to protect your wallet from cybercriminals. If your funds are stolen because you did not adequately protect your wallet, we are not responsible. We are not responsible for any unauthorized access to Your wallet. You will be held accountable for monitoring your own wallet.

d.) We are not responsible for any content errors, interruptions in transmission, or viruses that may be transmitted to or through the Websites, DApps, and/or Services that have been infiltrated by any third party.

e.)  If our Websites, DApps, and/or Services result in any losses for you or another third party, indirect or direct, then you agree to NOT hold Fathom.Finance responsible. You also agree that any decisions made by You based on the content of our Websites, DApps, Services and/or any of Our Communication Channels (Telegram, Discord, etc.) are Your responsibility only.

f.)   In no event will We be liable to You or any third party for any special, direct, indirect, incidental, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from Your use of the Websites, DApps and/or the Services or other materials on, accessed through or downloaded from the Websites, DApps, or as part of the Services we can offer. It will not be based upon any warranty, contract, tort, or any other legal theory that can plausible to insinuate our liability. However, We are aware of the potential for damages, and if a court rules that we are liable, our liability will not exceed $500. This limitation on liability applies to the fullest extent allowed by law in the relevant jurisdiction of our choosing or of the United States if deemed acceptable.

g.)  We are not responsible for any technical issues or problems that may arise from using the Website, DApp and/or Services including but not limited to: telephone or network lines, computer online systems, servers or providers, hardware, or software. Additionally, we do not assume responsibility for the risk associated with Your use of the internet.

13. Third Party Services or Content

a.)  While using the Services, You may view content or services provided by third parties, including advertisements.

b.)  We do not control, endorse or adopt such content or services, and they may not always be accurate or current.

c.)  Without derogating from the generality of the foregoing, it is emphasized that all content provided by third parties is not provided by the Company or by anyone on its behalf, and We do not control, endorse or adopt any such content.

d.)  Accordingly, We recommend that You independently verify all information before relying on it, and any decisions or actions taken based upon such information are Your sole responsibility.

e.)  Your use of any third-party scripts, indicators, ideas, and other content is at Your sole risk.

14. Links

a.)  Please be advised that the Websites, DApps and/or Services may contain links to third-party platforms, websites, social media, communication applications, software, or materials. We recommend carefully evaluating the risks involved in using such External Websites before retrieving, using, relying upon, or purchasing anything based on their content. We are not liable for any losses or damage resulting from your use of, reliance on, or connection to any other websites, platforms, software, or their content. The inclusion of links on our website does not constitute an endorsement by Fathom.Finance.

15. Google Analytics and The General Data Protection Regulation (GDPR)

Fathom.Finance is dedicated to protecting your confidentiality and privacy of information entrusted to us. We comply with all relevant data protection laws including the General Data Protection Regulation (GDPR). Please read this Privacy Notice to learn about your rights, what information we collect, and how we use and protect it. By clicking “Ok/Agree” and entering our website You understand and accept the terms of our privacy policy and give expressed consent to for Fathom.Finance to retain minimal data. Our website may use information collected but it is unintrusive and contains minimal google analytics. If you do not agree, please do not use our services.

Fathom.Finance follows all data and securities laws by establishing the user’s expressed and implicit consent to accept or deny cookies in order to proceed with the use of the website. By accepting “cookies” the user agrees to have read and understood the privacy policy and terms of service to protect the rights of our users under the Articles of the “GDRP.”

Notification of data collected on Fathom.Finance website:

Google Analytics, as per its terms, does not collect any personally identifiable information (PII), such as name, email address, mailing address, precise location, or phone number. However, it does use persistent identifiers like IP addresses – which are not stored in your database, but in the Google server – and UserID and ClientID to track sessions across devices and store them in reports. For detailed information about the categories of personal information we collect and the purposes for which information may be used and which Data Analytics and/or similar programs may have access to this information. Please click or refer to our privacy policy along with the with this document, terms of service. If you wish not to agree to this term or withdraw your consent, please do not use services.

a.) Article 13 of the “GDPR” requires Fathom.Finance to provide, in general, the company name and preferred contact method to answer any “GDPR” inquiries. Please refer to our privacy policy and in the terms of service under article 16, section “o” for all relevant information.

b.) Fathom.Finance provides six different legal bases upon which we are allowed and able to collect consumer data. “Consent,” “legitimate interest,” “marketing,” “advertising,” “protection,” and “geographical location.” 

c.) The reason Fathom.Finance collects data for mainly geographical demographics.

d.) Fathom.Finance uses “cookies” to track IP addresses, user identification, and geographical location.

e.) Data will be stored for the duration of 2 months from the date and time of expressed consent by reading the terms of service and accepting the “cookies.” 

f.) Fathom.Finance may transfer the data collected by Google Analytics nationally, internationally, or to a third-party.

g.) Fathom.Finance may use data-automated decision-making capabilities.

h.) Google Analytics is for minimal data collection and your information will usually not be shared or released to anyone but partners or affiliates of Fathom.Finance.

i.) Users accepting the terms of service and privacy policy for Fathom.Finance, may withdraw their consent at any time. The user does have the right: to be informed, the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object or retract their consent by notifying Fathom.Finance using the contact information in Article 16, section “o.”  

j.) Fathom.Finance may alter, change, or update this privacy policy at any time and will inform its users or data suppliers of the new terms and policies using a website notification.

16. Miscellaneous

a.)  We may, at Our sole discretion, amend, modify, or discontinue, from time to time, any of the Services and/or introduce new Services, via Our Websites and DApps. We shall not be liable for any loss suffered by You resulting from any such changes made and You shall have no claims against Fathom.Finance in such regard.

(b) We have the discretion to update these Terms of Use at any time. When we do, notice will be posted on this page with the new terms and their effective date. Your decision to continue using our Website after said changes constitutes your acceptance of those updated terms.

c.) You agree that transmitting information to or from the Website does not create any relationship between you and Fathom.Finance that deviates from what is specified in these Terms.

d.) These Terms, as well as our Privacy Policy which may be updated from time to time, are the only valid agreements between you and Fathom.Finance. Any written or oral representations that are not included in either of these documents will not be binding on either party.

e.) The laws of The United States or Courts of Our discretion will govern these Terms and the relationship between You and Us, which shall be construed and interpreted in accordance with said laws. Concerning any dispute arising out of or in connection with these Terms or the aforementioned relationship, you irrevocably submit to the exclusive jurisdiction of the competent courts located at our discretion. 

f.)   Failure to exercise or delays in exercising any right, power, or remedy provided in this document doesn’t mean we waive that right, and single or partial exercises of a right don’t prevent Fathom.Finance from later exercising it again.

g.)  If a court of law declares any part of these Terms invalid, that section will be removed from the agreement. The rest of the Terms will still apply to both parties as if that section had never been included, provided that this does not limit or restrict either party in enforcing their rights under the law.

h.) We can transfer or give away any and all of Our rights and duties written in this agreement to another person or business. Without taking anything away from what was just said, a third party may operate the Websites, DApps, and/or Services. You also cannot transfer, assign, or use as collateral any of Your rights or obligations mentioned in these Terms.

i.)  Our total agreement regarding your access and use of the Websites, DApps, and/or Our Services overrides any prior or ongoing understandings regarding such access or use. You agree that these Terms shall rule out any automated uses of the Websites, DApps, and/or Services.

j.)  You cannot issue any press release or make a public statement without Our prior written consent.

k.)  We maintain the right to change or stop access to the Websites, DApps and/or Services (or any parts therein) at our discretion and without notice. You agree that we are not held accountable for any third-party modification, suspension, or discontinuance of Your access to the Websites, DApps and/or Services. 

l.) Fathom.Finance is not responsible for any negative impact (Financial or Individually) that may occur as a result of the use of our Websites, DApps and/or Services.

m.) Our Terms (and Privacy Policy) are the only contracts between Fathom.Finance and you that exist regarding this subject, and they override any past agreements, whether spoken or written. We will only recognize a change to these terms if it is made in writing and signed by Fathom.Finance. These terms also do not cancel our right to modify the Terms according to clause 3 above.

n.) We may change these Terms at any time by posting the revised version on our Websites, DApps and/or Services. If you keep using and accessing our Websites, DApps and/or Services after we post the changes, it means that You accept those changes. We recommend that you review these Terms often to make sure You are aware of any updates we have made. The most recent update to these Terms was in January 2023.

o.) If you have any questions about these Terms, please contact Fathom.Finance at [email protected]. Thank you for using Our Websites, DApps and/or Services! We look forward to having you a part of our community, Fathom, “A new way.”

This legal contract sets out the terms and conditions that govern your use of the Websites, DApps, and/or Services provided by Company Name. By using Our Websites, DApps and/or Services, you agree to be bound by these terms and conditions. Some key terms in these terms and conditions include the following:

– Contract: This is a legal agreement between you and “Fathom.Finance,” which sets out the rights and responsibilities of each party concerning your use of Our Websites, DApps, and/or Services.

Privacy Policy

https://www.fathom.finance/privacy-policy