Terms of Service

These Terms of Service (the "Terms") form a binding agreement between Fathomkey ("Fathomkey", "we", "us") and the entity or person agreeing to them ("Customer", "you"). They govern your access to and use of Product Investment Intelligence and any related websites, APIs, and documentation (collectively, the "Service"). By accessing or using the Service, you agree to these Terms.

1. Accounts and eligibility

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of registration information, for safeguarding credentials, and for all activity on your account. You must enable available security controls (e.g., SSO, MFA) consistent with your organization's policies.

2. Subscription, fees, and taxes

Paid plans are billed in advance per the order form or in-product purchase. Fees are non-refundable except as required by law or expressly stated. You are responsible for applicable taxes, excluding taxes on Fathomkey's net income. Late payments may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law.

3. Customer content and license

You retain all rights in the content you submit to the Service ("Customer Content"). You grant Fathomkey a limited, worldwide, non-exclusive license to host, process, transmit, display, and create derived analyses of Customer Content solely to operate, secure, and support the Service for you. We do not use Customer Content to train foundation models.

4. Acceptable use

You will not, and will not allow any user to:

• Violate any law, third-party right, or applicable export control regulation.
• Upload malware or attempt to disrupt, probe, or reverse engineer the Service.
• Use the Service to build a competing product or to benchmark without consent.
• Submit data you do not have lawful authority to process, including unlawful special-category personal data.
• Use the Service in safety-critical, life-critical, or fully automated decision contexts without qualified human oversight.

5. AI features

The Service includes AI-assisted features that generate summaries, scores, and recommendations ("AI Output"). AI Output is probabilistic and may be incomplete or inaccurate. You are responsible for reviewing AI Output before relying on it for business decisions. Fathomkey provides AI features consistent with the NIST AI RMF and the EU AI Act transparency principles, including labeling of AI-generated content, citations to source evidence where available, and a human-in-the-loop review surface.

6. Security and data protection

Fathomkey maintains an information security program aligned with ISO/IEC 27001 and SOC 2 (Type II program in operation), including encryption in transit and at rest, least-privilege access, vulnerability management, logging, and incident response. Processing of personal data is governed by our Data Processing Addendum, which incorporates the EU Standard Contractual Clauses where applicable and is available on request.

7. Service availability

We will use commercially reasonable efforts to make the Service available 24x7, excluding scheduled maintenance and events beyond our reasonable control. Specific service level commitments, if any, are set out in the applicable order form or service level agreement.

8. Confidentiality

Each party will protect the other's confidential information with at least the same standard of care it uses for its own confidential information, and not less than a reasonable standard, and use it only to perform under these Terms.

9. Intellectual property

Fathomkey and its licensors retain all right, title, and interest in and to the Service, including all software, models, and documentation. No rights are granted except as expressly set forth in these Terms. Feedback you provide may be used by Fathomkey without restriction.

10. Warranties and disclaimers

Each party warrants that it has the authority to enter into these Terms. Except as expressly stated, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or data. Each party's aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by Customer to Fathomkey in the twelve (12) months preceding the event giving rise to the claim.

12. Indemnification

Each party will defend and indemnify the other against third-party claims to the extent arising from its breach of these Terms, subject to prompt notice, control of the defense, and reasonable cooperation by the indemnified party.

13. Term and termination

These Terms remain in effect for the subscription term. Either party may terminate for material breach not cured within thirty (30) days of written notice. Upon termination, your right to use the Service ends and we will delete or return Customer Content as described in our Data Processing Addendum.

14. Governing law

These Terms are governed by the laws of India, without regard to its conflict-of-laws principles. Courts located in Hyderabad, India will have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.

15. Changes

We may update these Terms from time to time. Material changes will be posted on this page with an updated effective date and, where required, communicated in-product or by email.

16. Contact

Fathomkey
Hyderabad, Telangana
Legal and Privacy: choudhary[@]fathomkey.pro