Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "Coach", "Athlete", or "You") and FATHOM Instruments Inc. ("FATHOM", "we", "us", or "our"). By purchasing, accessing, or using the Fathom OS software platform, integrated deck hardware units, firmware, or web portals (collectively, the "Services"), you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you are entering into these Terms on behalf of an educational institution, athletic program, swimming club, or other entity, you represent and warrant that you possess the full legal authority to bind such entity to these Terms.

FATHOM Instruments designs and manufactures aquatic sports telemetry technologies. The Services include:

Access to Fathom OS requires creating an institutional or personal account. You agree to provide accurate, current, and complete registration data. You are solely responsible for maintaining the confidentiality of administrative credentials and for all activities conducted under your organization's accounts.

Program administrators (e.g., Head Coaches or Athletic Directors) must ensure that student-athletes, coaches, and staff granted access adhere to applicable team guidelines and institutional policies.

FATHOM deck hardware is engineered for chlorinated, high-humidity aquatic environments (IP68 ingress ratings where designated). However, Customer agrees to operate and maintain equipment strictly in compliance with FATHOM deployment manuals. Customer shall not intentionally subject hardware to physical abuse, unauthorized disassembly, or non-approved third-party power sources.

Customer Telemetry Ownership: Athletic programs and athletes retain all ownership rights in their raw individual telemetry, split times, and workout data generated during training sessions.

FATHOM IP: FATHOM Instruments retains exclusive ownership of all software source code, algorithms, hardware designs, firmware, trademarks, and aggregate, de-identified analytical models.

FATHOM grants Customer a non-exclusive, non-transferable, revocable license to use Fathom OS strictly in connection with authorized hardware and team subscriptions. You shall not reverse engineer, decompile, resell, or distribute the Services to unauthorized third parties.

Except as expressly provided in our written Hardware Limited Warranty, the Services and software are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular athletic purpose, or non-infringement.

To the maximum extent permitted by applicable law, FATHOM Instruments shall not be liable for indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use the Services. Pool deck safety and swimmer supervision remain the sole responsibility of certified coaching staff and facility operators.

Either party may terminate a subscription agreement in accordance with the terms of the applicable commercial order form. Upon termination, your right to access Fathom OS cloud telemetry shall cease, and you may export your athletic data within thirty (30) days.

These Terms shall be governed by and construed under the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved via binding arbitration or in the state or federal courts located in Hennepin County, Minnesota.

For questions regarding these Terms or legal compliance, please reach out to our legal department: