Terms & Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS CAREFULLY AND RETAIN A COPY OF THEM FOR YOUR RECORDS.

By accessing the Perimify mobile app or perimify.com or fathomforward.com (the “Sites”, which term shall include all Content and Services, as defined below), you (personally, or if you access the Sites on behalf of a corporation or other legal entity, then collectively, you and such entity) agree to become bound by all the terms and conditions of these Terms of Use (“Terms”). If you do not agree to these Terms, you should not access the Sites.

These Terms apply to all users including contributors of Content (as defined below) to the Sites. Fathom Forward may, in its sole discretion, add to, change, or remove any part of these Terms at any time without notice to you, and you agree to be bound by such revisions. If any future revision is unacceptable to you, you should discontinue using the Sites. Your continued use of the Sites after Fathom Forward’s posting of any revised Terms will indicate your acceptance of the then-current Terms.

1. Access to and use of the Site:

a. As long as you comply with the Terms, Fathom Forward grants you a personal, non-commercial, non-exclusive, non-transferable, limited authorization to access and use the Sites.

b. You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, alter, modify, create derivate works from, frame, mirror or otherwise exploit any part of the Sites unless explicitly permitted by Fathom Forward.

c. Any and all Content and Services are protected by copyright and other intellectual property laws. Fathom Forward and its licensors reserve all rights not expressly granted in and to the Sites and the Content. “Content” includes the data, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and all other materials you may view on, download, use, access through, or contribute to the Sites. “Service" means the online, internet-based applications and platform provided by Fathom Forward via mobile applications or https://www.fathomforward.com or https://www.perimify.com and/or other apps and websites that are designated by Fathom Forward, including associated offline components.

d. The Sites may contain links to third party websites that are not owned or controlled by Fathom Forward. Fathom Forward has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites. By using the Sites, you expressly release Fathom Forward and its affiliates from any and all liability arising from your use of any third party Content or website or app.

e. In order to access some features of the Sites, you will need an Fathom Forward and/or Permify Account (your “Account”). You may not use another person's Account. You must provide and maintain current, accurate and complete information throughout the duration of your open Account. You are solely responsible for the activity that occurs under your Account, and for keeping your Account login information secure. You must notify Fathom Forward immediately of any breach of security or unauthorized use of your Account. Your contact information and any other information provided by you must be complete and accurate. This information is displayed on the Sites and is used by other Sites users and Fathom Forward to communicate with you. You may not attempt to impersonate another user or any other party.

f. You agree not to use the Sites for any purpose that is unlawful or prohibited by these Terms. You agree not to upload (except for the purpose of creating an Account), collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites (e.g., comments) for any commercial solicitation purposes.

g. You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or your or anyone else’s Account, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sites or the Content. You agree not to use the Sites in any manner that could damage, disable, overburden or impair any Fathom Forward systems, interfere with any other party's use of the Sites, or violate the legal rights of any other party. You agree not to attempt to gain unauthorized access to any feature of the Sites or other accounts.

h. If you breach any of these Terms, your authorization to use the Sites automatically terminates. Fathom Forward reserves the right to temporarily suspend or permanently terminate your access to any or all areas on the Sites in its sole discretion. Fathom Forward reserves the right to discontinue any aspect of the Sites at any time, or place limits on the amount of available data storage or computation.

i. The Fathom Forward Privacy Policy is available at www.fathomforard.com. The Privacy Policy describes Fathom Forward’s practices regarding the information that is collected and used from the Sites. Fathom Forward’s use of your Content is governed at all times by the Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Sites, you consent to the collection and use of your Content as set forth in the Privacy Policy.

2. General

a. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent, to enter into these Terms. In any case, you affirm that you are over the age of 13, as the Sites are not intended for children under 13. If you are under 13 years of age, you are not authorized to use the Sites.

b. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Fathom Forward without restriction.

c. You agree that your use of the Sites shall be at your sole risk. You assume total responsibility and risk for your use of the Sites and the Content. The Sites and the Content, including without limitation any information that is provided by Fathom Forward employees, are provided “as is”. To the fullest extent permitted by law, Fathom Forward, its officers, directors, employees, agents and affiliates disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement, in connection with the Sites and your use thereof. Fathom Forward and its affiliates make no warranties or representations about the accuracy or completeness of the Site's Content or the content of any sites linked from the Sites, and assume no liability or responsibility for any: (i) errors, mistakes or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Content or Sites; (iii) any unauthorized access to or use of Fathom Forward’s servers and/or any and all information, including personal information, stored therein; (iv) any interruption or cessation of transmission to or from the Sites; or (v) any loss of any kind incurred as a result of your use of the Sites. The Sites are not fault-tolerant and are not designed, manufactured, or intended for use or resale as or with online control equipment in hazardous environments requiring fail-safe performance, including, but not limited to, equipment used to operate nuclear facilities, aircraft or vehicle navigation, communication, or control, direct life support machines or weapons systems, in which the failure of the service could lead directly to death, personal injury or severe physical or environmental damage (“High Risk Uses”). YOU UNDERSTAND THAT THE SITES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT CERTIFIED FOR HIGH RISK USES OR AS AN EMERGENCY NOTIFICATION SYSTEM. YOU AGREE THAT YOU WILL NOT RELY ON THE SITES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES.

d. In no event shall Fathom Forward, its officers, directors, employees, agents and affiliates, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from your use of the Sites or Content, whether based on warranty, contract, tort or any other legal theory, and whether or not Fathom Forward is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event shall Fathom Forward’s or its affiliates’ aggregate liability arising out of or related to these Terms, whether in contract, tort or under any other theory of liability, exceed one hundred US dollars ($100.00 USD), for the Sites with respect to which the liability in question arises.

e. You waive, any legal or equitable rights or remedies you have or may have against Fathom Forward with respect thereto, and to the extent permitted by applicable law, agree to indemnify and hold harmless Fathom Forward, its officers, directors, employees, agents and affiliates to the fullest extent allowed by law from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys' fees) arising from: (i) your use of and access to the Sites and the Content; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation copyright, property or privacy right; (iv) any claim that your Content caused damage to a third party; or (v) your violation of any applicable law. This indemnification obligation shall survive these Terms and your use of the Sites and the Content.

f. In the event that you use the Sites together with other third party websites or other sources, you acknowledge and agree that you, and not Fathom Forward nor its affiliates or licensors, shall be solely responsible for full compliance with any terms of use or any other terms that may apply to your use of such third party websites or other sources. In addition to your obligations above, you agree to indemnify and hold harmless Fathom Forward, its officers, directors, employees, agents and affiliates to the fullest extent allowed by law from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys' fees) arising from your use of any such third party websites or other sources.

g. These Terms shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of North Carolina, United States of America, without regard to its conflicts of law provisions, and you consent to the jurisdiction of the federal and state courts located in said state and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with these Terms, the conflicting terms of these Terms shall be superseded only to the extent necessary by such law, treaty, or regulation. If any provision of these Terms shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible.

h. These Terms, and any other terms, policies or documents incorporated herein by reference, including without limitation any other policies and statements provided on https://www.perimify.com or https://www.fathomforward.com, contain the entire understanding between you and Fathom Forward and may not be modified or amended except by Fathom Forward’s posting of a revision on its website.

i. Notices to Fathom Forward under these Terms shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial delivery services, or by certified or registered mail, return receipt requested, to: Fathom Forward, Inc., 2806 Reynolda Rd., MB 157, Winston Salem, NC 27106. Notices to you may be made via posting to the Sites, by e-mail, or by regular mail, in Fathom Forward’s discretion.