1 Service Overview

1.1 Description of Services

The Service Provider, Avalanche Strategy, Inc. dba Fathom, a Delaware corporation ("Fathom"), agrees to provide the Subscriber, the entity that has executed a Fathom Order Form referencing these Terms ("Customer"), access to and use of Fathom’s products and services (collectively, “Services”) as described governed by the Fathom Platform Terms and Conditions. Fathom’s Terms and Conditions are available at: https://www.fathomthat.ai/platform-terms.

By completing a Fathom Order Form, both Parties agree to abide by and be bound by the terms and conditions outlined in this Service Level Agreement. This SLA, along with its associated clauses, constitutes an integral part of the Agreement between the Provider and the Customer. The Parties acknowledge that they have read, understood, and accepted the terms herein.

1.1 Availability

The Services will be available 24 hours a day, 7 days a week, with the exception of planned maintenance periods and any unforeseen circumstances that may impact service availability, as described in the Terms and Conditions.

2. Support and Response Times

2.1 Customer Support

Fathom will provide customer support via email and in-platform chat during normal business hours (9:00 AM to 5:00 PM, Monday to Friday EST, excluding American public holidays).

2.2 Response Time

Fathom will make commercially reasonable efforts to respond to support inquiries within 24 hours via email or in-platform chat.

3. Data Security and Privacy

3.1 Data Security

Fathom shall maintain reasonable data safeguards and procedures designed to prevent the authorized use or disclosure of Personal Data as required under Applicable Privacy Laws (“Data Safeguards”). During the Term, Fathom will maintain physical, administrative, and technical security measures designed to maintain the availability, integrity, and confidentiality of Personal Data, as defined in the Terms and Conditions. Fathom will periodically archive and back up Personal Data in accordance with Fathom’s applicable disaster recovery and business continuity procedures and industry standards.

In the event of a security breach affecting the confidentiality, integrity, or availability of customer data within the scope of this SaaS subscription, the provider agrees to promptly notify the customer. The notification will be provided in writing and include, to the extent known, details of the security incident, the potential impact on the customer, and any measures taken or planned to address the breach. The provider will make reasonable efforts to provide such notification within 24 hours, and the parties shall collaborate in good faith to address the incident and mitigate potential harm.

3.2 Data Privacy

Without limiting Customer’s obligations under Sections 2.5, 6.3, and 8.2, each Party shall comply with all Applicable Privacy Laws in the performance of their respective obligations under this Agreement with respect to the processing of Personal Data. Fathom’s Privacy Policy is available at: https://www.Fathominsights.com/privacy-policy.

3.3 Customer Responsibility for Data and Security

Customer and its Authorized Users will have access to the Customer Content as defined in the Terms and Conditions, and will be responsible for all changes to and/or deletions of Customer Content and the security of Credentials required in order to access the Platform and the Services. Customer will have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content.  Fathom is not obligated to back up any Customer Content; the Customer is solely responsible for creating backup copies of any Customer Content at Customer’s sole cost and expense.

4. Subscription Fees and Payment Terms

4.1 Subscription Fees

Customer will pay the fees set out in the applicable Order Form (“Subscription Fees”) in accordance with the payment schedule identified on the Order Form, as specified in the Billing and Payments section of the Terms and Conditions.

4.2 Payment Terms

Payment is due within 30 days of receipt of invoice, unless otherwise indicated in the payment schedule identified on the Order Form, as detailed in the Billing and Payments section of the Terms and Conditions.

5. Term and Termination

5.1 Term

This Agreement will commence on the Effective Date, as defined in the Terms and Conditions, and continue for the duration of any active Order Form, unless earlier terminated in accordance with the Terms and Conditions. This term will automatically renew unless either party gives written notice of non-renewal to the other party at least thirty 7 days prior to the expiration of the then-current term. Fathom will provide the Customer at least two email renewal notifications, with at least 30 days notice, prior to renewal.

5.2 Termination

Either Party may terminate this Agreement or an Order Form for cause as outlined in the Termination section of the Terms and Conditions.

6. Limitation of Liability

6.1 Liability Limit

Fathom's liability for any claim arising out of this Agreement shall be limited as outlined in the Limitation of Liability section of the Terms and Conditions.

7. Customer Support Guarantees

7.1 Ways to Get Customer Support

Customer support is available via email and in-platform chat during normal business hours.

7.2 Guarantee on Data Processing Times

Fathom guarantees that any upload of 10,000 responses or fewer will be processed in less than 72 hours. Similarly, any upload greater than 10,000 responses will be processed in less than 5 days. 

8. Uptime Guarantee

8.1 Service Availability

Provider agrees to use commercially reasonable efforts to ensure that the SaaS platform ("Platform") is available and operational 99.5% of the time during each calendar month ("Uptime Guarantee").

8.2 Exclusions

The Uptime Guarantee does not cover scheduled maintenance periods, emergency maintenance, or any downtime caused by factors outside the Provider's control, including but not limited to force majeure events, acts of government, acts of terrorism, natural disasters, or Internet service provider failures.

8.3 Calculation of Uptime

Uptime shall be calculated as follows:

UptimePercentage = ( TotalMinutes − DowntimeMinutes) × 100

                                          TotalMinutes

8.4 Downtime Definition

Downtime is defined as any period during which the Platform is unavailable for Customer access or experiences degraded performance beyond acceptable levels.

8.5 Remedies for Uptime Failures

In the event the Platform fails to meet the Uptime Guarantee, the Customer shall be eligible for service credits as follows:

• If uptime falls below 99.5% but is equal to or greater than 99.0%, the Customer shall be eligible for a service credit equivalent to 5% of the monthly subscription fee.

• If uptime falls below 99.0%, but is equal to or greater than 95.0%, the Customer shall be eligible for a service credit equivalent to 10% of the monthly subscription fee.

• If uptime falls below 95.0%, the Customer shall be eligible for a service credit equivalent to 15% of the monthly subscription fee.

8.6 Service Credit Request

To request a service credit, the Customer must submit a written request to the Provider within 15 days of the end of the month during which the uptime failure occurred. The request must include details of the downtime experienced.

8.7 Maximum Service Credits

In any given month, the total service credits provided to the Customer shall not exceed 15% of the monthly subscription fee.

8.8 Review and Adjustments

The Provider reserves the right to review and adjust the Uptime Guarantee and associated service credit percentages upon 30 days' notice to the Customer. Any adjustments will be prospective and will not impact ongoing service credit claims.