Terms and Conditions

1. Agreement to Terms

By accessing or using the services provided by Fathom AI Pvt. Ltd., you agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you ("User," "Customer," or "Client") and Fathom AI. If you do not agree to these Terms, you must refrain from using our services.

These Terms are governed by the laws of India, and any disputes will be subject to the jurisdiction of the courts of New Delhi.

2. Definitions

• Service: The AI-powered API services offered by Fathom AI to analyze and manage customer conversations.
• User Data: Any data, including conversation transcripts, messages, and metadata, submitted by the user.
• API Key: A secure credential issued to users to authenticate access to the Service.
• Tenant: A unique user or business entity accessing the platform in a logically isolated environment.
• You/Your: The individual or legal entity using the Fathom AI Service.

3. Description of Service

Fathom AI provides a SaaS-based API for real-time customer conversation analysis. The platform:

• Analyzes messages for issue classification and resolution stages
• Detects escalation points based on conversation patterns
• Stores and indexes conversation data for retrieval and insights
• Operates a secure, multi-tenant cloud infrastructure

The Service is designed to support customer support teams, developers, and enterprise systems through intelligent, AI-driven insights.

4. Account Registration and Access

To use our services, you must:

• Provide true, accurate, and complete registration information
• Keep your credentials, including API keys, secure and confidential
• Accept responsibility for all activity under your account
• Notify us immediately of unauthorized use

You may only access the service using the credentials provided to you. Sharing or selling access is strictly prohibited.

5. Acceptable Use Policy

You agree not to use the Service to:

• Engage in illegal, abusive, or fraudulent activities
• Attempt unauthorized access to systems or data
• Introduce viruses or malicious code
• Circumvent rate limits, quotas, or security mechanisms
• Infringe intellectual property rights of others
• Submit content that is defamatory, hateful, or violates applicable law

Fathom AI reserves the right to suspend or terminate access if misuse is detected.

6. Data Privacy and Protection (DPDP & IT Act Compliance)

a. Your Data

• You retain full ownership and rights to the data you submit.
• We process your data solely to deliver our services.
• Your data is isolated from other users (multi-tenant architecture).
• You may request deletion of your data at any time via [email protected].

b. Our Data Practices

• We generate embeddings for similarity analysis.
• We store anonymized conversation patterns for platform learning.
• All processing is governed by Indian laws, including the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000.
• We take reasonable security measures to protect your data against unauthorized access, alteration, or destruction.

7. Subscription Plans, Billing, and Payment

a. Plans

• Freemium: 1,000 API requests/month
• Premium: 25,000 API requests/month
• Pro: 100,000 API requests/month

Each plan includes usage limits on tokens and retrievals. Usage resets monthly.

b. Billing

• Charges are billed monthly in INR (or USD for global customers)
• Payment is due in advance for each billing cycle
• Invoices are generated electronically and available in your dashboard

c. Refunds and Cancellations

• No refunds for partial billing cycles
• Cancellation is effective at the end of the current billing period
• Credits may be issued at our discretion for service disruptions exceeding SLA

8. Service Level Agreement (SLA)

Fathom AI strives to maintain:

• 99.9% uptime availability per calendar month
• <500ms response latency for real-time endpoints
• 99.999% data durability for conversation records

However, SLA exclusions include:

• Scheduled maintenance windows (notified in advance)
• Force majeure events (natural disasters, war, internet outages)
• Incidents caused by user misuse, DDoS attacks, or third-party failures

9. Intellectual Property Rights

a. Your Rights

• You retain all intellectual property in your data.
• You grant Fathom AI a limited license to process and analyze data strictly for service operation.

b. Our Rights

• Fathom AI owns the platform codebase, AI models, architecture, and analytics framework.
• Aggregated insights (fully anonymized) may be used to improve service quality.
• API structure, documentation, and backend processes are proprietary and protected.

10. Confidentiality

Both parties agree to:

• Maintain the confidentiality of sensitive information
• Not disclose confidential information without written consent
• Use the information only for purposes related to the Service

Exceptions apply for disclosure required by law or regulatory bodies.

11. Limitation of Liability

To the maximum extent permitted under Indian law:

• Fathom AI shall not be liable for indirect, incidental, or consequential damages
• Liability for any claim is limited to the amount paid by the customer in the last 12 months
• We are not responsible for data loss outside our control, including acts of third parties

12. Indemnification

You agree to defend, indemnify, and hold harmless Fathom AI, its affiliates, and employees from any claims or liabilities arising out of:

• Your use or misuse of the Service
• Breach of these Terms
• Violation of applicable laws or third-party rights

13. Termination

a. By You

• Cancel anytime via dashboard
• You must export your data prior to termination

b. By Us

• If you breach these Terms
• For non-payment
• With 30 days' notice for any reason

c. Effects of Termination

• Access to the Service is revoked immediately
• Data is retained for 30 days unless deletion is requested
• No refund for remaining billing cycle

14. Changes to These Terms

Fathom AI reserves the right to update these Terms:

• Material changes require 30 days' prior notice via email or dashboard
• Continued use after the effective date implies consent
• You may discontinue use if you disagree with the updated terms

15. Governing Law and Jurisdiction

• These Terms are governed by the laws of India.
• Any disputes shall be resolved under the Arbitration and Conciliation Act, 1996
• Arbitration will be conducted by a sole arbitrator mutually appointed
• Seat of arbitration: New Delhi
• Language of arbitration: English

16. Support and Contact

For all queries:

• Technical Support: [email protected]
• Billing: [email protected]
• Data Privacy: [email protected]

17. Miscellaneous

• Entire Agreement: These Terms constitute the full agreement between the parties.
• Severability: If any part is held unenforceable, the remainder remains in effect.
• Waiver: Failure to enforce any provision does not constitute a waiver.
• Assignment: You may not transfer these Terms without written consent.