Terms of Service

Last Updated: August 27, 2025

These Terms of Service ("Terms") apply to your access to and use of the website at fathom.care, mobile applications, and related online services (collectively, the "Services") provided by Fathom Care, Inc. ("Fathom," "we," or "us").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FATHOM THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 16 ("DISPUTE RESOLUTION; BINDING ARBITRATION") CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES SET FORTH IN SECTION 16(g).

1. Eligibility and Use Restrictions

(a) Age. You must be at least 18 years old to use the Services. If you are under 18, please do not use the Services.

(b) Geographic Availability. The Services are currently available only in the United States.

(c) Use Restrictions. The Services are for your personal, non-commercial use only. You may not resell, redistribute, or provide access to the Services to third parties. You may not share your account credentials.

(d) AI Disclaimer. The Services use artificial intelligence and machine learning models to provide health insights and recommendations. You acknowledge and agree that:

AI-generated outputs are probabilistic and may contain inaccuracies, errors, or omissions
You are responsible for all decisions made, advice given, and actions taken based on your use of the Services
The Services do not constitute professional medical, health, or legal advice

(e) Health Information Disclaimer. The health content provided through the Services is for informational purposes only. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

2. Your Information

You agree to receive communications from Fathom using the contact information you provide. You represent that the information you provide is accurate and current. See our Privacy Policy for details on how we handle your information.

3. Accounts

You must create an account to use certain Services. You agree not to share your account credentials or allow others to access your account. You are responsible for all activities that occur under your account. Notify us immediately at support@fathom.care if you believe your account has been compromised.

4. User Content

You retain ownership of the content you submit to the Services ("User Content"). By submitting User Content, you grant Fathom a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the User Content for the purpose of providing and improving the Services.

You represent and warrant that:

You have all necessary rights to submit the User Content
The User Content does not violate any third party's intellectual property or other rights
The User Content is not unlawful, defamatory, harassing, or fraudulent

We reserve the right to remove any User Content without notice.

5. Prohibited Conduct

You agree not to:

Violate any applicable laws or third-party rights
Use the Services for any illegal purpose
Submit false or misleading information
Attempt to gain unauthorized access to the Services or related systems
Interfere with or disrupt the Services or servers
Reverse engineer, decompile, or disassemble the Services
Use automated means to access the Services except as permitted
Scrape, data mine, or extract data from the Services
Circumvent any access controls or usage limits
Resell, redistribute, or sublicense access to the Services
Use the Services to develop a competing product
Misrepresent your identity or affiliation

6. Subscriptions and Payments

(a) Subscriptions. Certain features require a paid subscription. Subscriptions automatically renew unless canceled.

(b) Payments. Payments are processed through our third-party payment processor (Stripe). All purchases are final and non-refundable except as required by law or at our sole discretion.

(c) Pricing Changes. We reserve the right to modify pricing at any time. Price changes will not affect active subscriptions until renewal.

(d) Cancellation. You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.

7. Ownership; Limited License

Fathom and its licensors own all rights, title, and interest in the Services, including all intellectual property rights. Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes.

8. Feedback

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant Fathom a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the Feedback into the Services without compensation or attribution.

9. Third-Party Services

The Services may integrate with third-party services, including health platforms and AI providers. We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and policies.

10. Copyright Complaints

Fathom respects intellectual property rights and expects users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated agent with the following information:

A physical or electronic signature of the copyright owner or authorized representative
Identification of the copyrighted work claimed to be infringed
Identification of the material claimed to be infringing and its location on the Services
Your contact information (address, telephone number, and email)
A statement that you have a good faith belief that use of the material is not authorized
A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner

DMCA Agent:

Email: dmca@fathom.care
Mail: Fathom Care, Inc., Attn: DMCA Agent, 1522 Western Ave STE 24151, Seattle WA 98101

11. Indemnification

You agree to indemnify, defend, and hold harmless Fathom and its officers, directors, employees, agents, and affiliates ("Fathom Parties") from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your access to or use of the Services
Your User Content
Your violation of these Terms
Your violation of any third-party rights
Your violation of any applicable laws

12. Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

FATHOM DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FATHOM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE HEALTH INFORMATION, INSIGHTS, AND RECOMMENDATIONS PROVIDED BY THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL MEDICAL ADVICE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FATHOM AND THE FATHOM PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

FATHOM'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID TO FATHOM IN THE 12 MONTHS PRECEDING THE CLAIM.

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Fathom has been advised of the possibility of such damages. These limitations do not apply to liability arising from Fathom's gross negligence, fraud, or intentional misconduct, or to the extent such limitations are prohibited by applicable law.

14. Release

You release Fathom and the Fathom Parties from responsibility, liability, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and any third party.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

15. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Agreement to Arbitrate. You and Fathom agree to resolve any disputes arising out of or relating to these Terms or the Services through binding individual arbitration, except as provided below.

(b) Informal Resolution First. Before initiating arbitration, you must first attempt to resolve the dispute informally by contacting us at legal@fathom.care. If we cannot resolve the dispute within 30 days, either party may proceed to arbitration.

(c) Arbitration Rules. Arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in English before a single arbitrator.

(d) No Class Actions. 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 CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

(e) Exceptions. Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in court for intellectual property infringement or misappropriation.

(f) Arbitration Fees. Each party will pay arbitration fees as provided by AAA rules.

(g) Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@fathom.care within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out.

(h) Severability. If any part of this arbitration agreement is found unenforceable, the remainder will continue to apply. If the class action waiver is found unenforceable, the entire arbitration agreement will be void.

16. Governing Law

These Terms are governed by the laws of the State of Oregon, without regard to conflict of law principles. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon.

17. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by updating the "Last Updated" date and, where appropriate, providing additional notice. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

18. Changes to Services

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation of the Services.

19. Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and Health Data Privacy Notice, constitute the entire agreement between you and Fathom regarding the Services and supersede all prior agreements and understandings.

21. Contact Us

If you have questions about these Terms, please contact us:

Email: legal@fathom.care
Mail: Fathom Care, Inc., 1522 Western Ave STE 24151, Seattle WA 98101