WEBSITE TERMS & CONDITIONS (TERMS OF USE)Fathom Delta, LLC — Website Terms & Conditions
Effective Date: February 17, 2026
Website: fathomdelta.com (the “Site”)
Company: Fathom Delta, LLC (“Fathom Delta,” “we,” “us,” “our”)These Terms & Conditions (“Terms”) govern your access to and use of the Site and any content, features, or services made available through the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
1) Who We Are and What We OfferFathom Delta provides consulting and professional services and may also offer products and resources, including, as applicable:Consulting packages (one-time)Monthly retainersImplementation/build services (AI agents, integrations, automations)Digital products (including applications and downloadable resources)Training/coachingEvents/webinarsFree downloads/lead magnetsSome offerings may be invoiced initially and later offered via online checkout. Specific services and deliverables may be governed by separate written agreements (e.g., a Statement of Work, services agreement, or contract) (collectively, “Client Agreement”).
2) Changes to These Terms or the SiteWe may update these Terms from time to time. We may also modify, suspend, or discontinue the Site (in whole or in part) at any time. The “Effective Date” above reflects the latest version. Your continued use of the Site after changes means you accept the updated Terms.
3) Privacy PolicyYour use of the Site is subject to our Privacy Policy, which describes how we collect, use, and share information.
Privacy Policy: [insert your privacy policy URL]
4) EligibilityYou must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site.
5) Permitted Use and Prohibited ConductYou agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:Violate any applicable law or regulation (including privacy, anti-spam, and telemarketing/texting laws)Attempt to gain unauthorized access to any portion of the Site or related systems/networksInterfere with the Site’s security, operation, or user experienceIntroduce malware, viruses, or harmful codeScrape, crawl, harvest, or use automated means to extract data from the Site without our prior written permissionUse the Site to transmit unlawful, infringing, defamatory, harassing, deceptive, or abusive contentWe may suspend or terminate your access to the Site if we believe you have violated these Terms.
6) Intellectual PropertyThe Site and its content (including text, graphics, logos, design elements, videos, documents, software, and other materials) are owned by or licensed to Fathom Delta and protected by intellectual property laws.
Limited license to you: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal, lawful purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Site content without our prior written consent, except as permitted by law.
7) Free Downloads / Lead Magnets LicenseIf we provide free downloads, templates, playbooks, checklists, guides, or similar materials (“Free Resources”), they are licensed to you for personal and/or internal business use only.You may not:Resell, redistribute, publish, sublicense, or share Free Resources publicly (including posting to public websites, repositories, or marketplaces)Remove copyright, trademark, or attribution noticesUse Free Resources to create competing products or services
8) User Submissions (Forms and Inquiries)The Site may allow you to submit information through forms, scheduling, chat, email links, or other contact methods (“Submissions”). You represent that your Submissions are accurate and that you have the right to provide them.
Do not send sensitive information. Unless expressly agreed in writing in a Client Agreement, you agree not to submit:Payment card data outside of our payment processorsSocial Security numbers or government IDsHealth/medical informationOther sensitive regulated data
9) Client Services and Client AgreementsIf you engage us for Services, the scope, pricing, deliverables, timeline, ownership, confidentiality, and other terms are typically governed by a Client Agreement. If there is a conflict between these Terms and a signed Client Agreement, the Client Agreement will control for that engagement.
10) Payments, Invoicing, and RefundsInvoicing/checkout: We may invoice you for Services or, where enabled, provide online checkout for certain products, events, or services. Payments processed through third-party payment processors (e.g., Stripe, PayPal) are subject to those processors’ terms and privacy policies.Refunds:Digital products: Unless otherwise stated at the point of purchase or in a Client Agreement, all digital product sales are final and non-refundable.Services/retainers: Refunds, cancellations, renewals, and billing terms for Services are governed by the applicable Client Agreement.Late fees / pause of work: Any late fees, service suspension, or pause of work for non-payment will be governed by the applicable Client Agreement.
11) Accounts, Paid Content, and Access (Future Features)Certain areas of the Site may later allow users to create accounts and access paid or members-only content (e.g., client portals, paid resources, documents, or applications). If and when account access is available:You are responsible for maintaining the confidentiality of your login credentialsYou agree to provide accurate information and keep it currentWe may suspend or terminate accounts for violations of these Terms or suspected misuse
12) No Professional AdviceThe Site content is for informational purposes only and does not constitute legal, tax, financial, or other professional advice. You should consult qualified professionals for advice tailored to your circumstances.
13) AI and Automation Disclaimer; No Guarantee of ResultsIf we provide any AI-assisted content, automation, analysis, or outputs (including through tools, chat, or software), you understand:AI outputs may be inaccurate, incomplete, or outdatedYou are responsible for reviewing and validating outputs before relying on themWe do not guarantee outcomes, performance, revenue results, conversion rates, rankings, compliance outcomes, security outcomes, or business results unless expressly agreed in writing in a Client Agreement
14) Communications Consent (Email and SMS)By providing your contact information, you consent to receive communications from us related to your inquiry, Services, and operational matters. Where permitted by law and based on your preferences/consents, we may also send marketing communications.If you opt into SMS/text messaging, your participation is governed by our:
Privacy Policy: https://fathomdelta.com/privacy-policy
Mobile Messaging Terms: https://fathomdelta.com/mms-terms
Message frequency varies. Message and data rates may apply. Reply STOP to opt out; HELP for help.
15) Testimonials and Case StudiesWe may request permission to use testimonials, reviews, or case studies. We will not use a client’s name or logo in marketing materials without written permission.
16) Third-Party Sites and ServicesThe Site may include links to third-party websites or services (including scheduling, CRM platforms, payment processors, analytics tools). We do not control and are not responsible for third-party content, policies, or practices.
17) Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
18) Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, FATHOM DELTA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY SERVICES OR PRODUCTS.TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100), EXCEPT WHERE A CLIENT AGREEMENT PROVIDES A DIFFERENT LIMITATION FOR PAID SERVICES BETWEEN YOU AND US.
19) IndemnificationYou agree to indemnify, defend, and hold harmless Fathom Delta from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Site, your Submissions, your violation of these Terms, or your violation of any law or third-party rights.
20) DMCA / Copyright Infringement Notice (Takedown Procedure)If you believe content on the Site infringes your copyright, you may submit a written notice to contact@fathomdelta.com with:
Your name and contact information
Identification of the copyrighted work you claim was infringed
Identification of the material you claim is infringing (with sufficient detail/URL)
A statement that you have a good faith belief the use is not authorized
A statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act on their behalf
Your physical or electronic signature
We may remove or disable access to the allegedly infringing material and may notify the party who posted it (if applicable).
21) Arbitration Agreement; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Agreement to arbitrate: Except for claims that qualify for small claims court or claims seeking injunctive relief for unauthorized use of intellectual property, you and Fathom Delta agree that any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration, rather than in court.Arbitration rules and location: Arbitration will be administered by a reputable arbitration provider (such as the American Arbitration Association) under its applicable rules. The arbitration will take place in Sumner County, Tennessee, unless the parties agree otherwise.Class action waiver: You and Fathom Delta agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.Costs: The arbitrator may award any relief that a court could award. Responsibility for arbitration fees will be allocated as required by the applicable rules and law.
22) Governing Law and VenueThese Terms are governed by the laws of the State of Tennessee, without regard to conflict of laws principles. To the extent any dispute is permitted to be filed in court (rather than arbitration), you agree it will be brought in the state or federal courts located in Sumner County, Tennessee, and you consent to personal jurisdiction there.
23) TerminationWe may suspend or terminate your access to the Site at any time for any reason, including suspected violations. Sections intended to survive (including IP, disclaimers, limitation of liability, indemnity, arbitration, governing law) will survive termination.
24) ContactQuestions about these Terms: contact@fathomdelta.com
Mailing Address: 242 W Main St #279, Hendersonville, TN 37075
Mobile Messaging Terms of Service (SMS Terms) Fathom Delta, LLC —
Mobile Messaging Terms of ServiceProgram/Brand Name: Fathom Delta Alerts (or “Fathom Delta Messaging”)
Effective Date: February 17, 2026
These Mobile Messaging Terms of Service (“Mobile Terms”) govern participation in Fathom Delta’s SMS/text messaging program (the “Program”). By opting into the Program, you agree to these Mobile Terms.
1. Program Description: By opting into the Program, you may receive text messages from Fathom Delta, LLC related to: Appointment reminders and schedulingCustomer support / two-way conversational messagingAccount notifications (invoices, service updates)Marketing and promotionsOutbound lead follow-up
2. Opt-In: You may opt in by:Submitting your phone number on our website forms with SMS consent (where presented),Requesting information or services from us,Initiating contact with us via SMS/text message.Consent is not a condition of purchase. Where required by law, marketing messages will only be sent with appropriate consent.
3. Opt-Out: You can cancel the SMS service at any time. Just text “STOP” to the number you received messages from. After you send “STOP,” we will send a confirmation message and you will no longer receive messages from us. If you want to join again, sign up as you did the first time and we will start sending messages to you again.
4. Help / Customer Support: If you are experiencing issues with the Program, reply HELP for assistance, or contact us at: contact@fathomdelta.com
5. Message Frequency: Message frequency varies.
6. Rates and Carrier LiabilityMessage and data rates may apply for any messages sent to you from us and to us from you. Please contact your wireless provider if you have questions about your text or data plan.Carriers are not liable for delayed or undelivered messages.
7. PrivacyWe respect your privacy. We do not sell your personal information. We do not share or sell consumer mobile numbers for third-party marketing. For more information, please review our Privacy Policy: https://fathomdelta.com/privacy-policy
8. Eligibility and Participation: You must be at least 18 years old (or the age of majority where you live). You agree to provide accurate contact information and to notify us if your number changes.
9. Changes to the Program: We may modify or discontinue the Program at any time. We may update these Mobile Terms by posting an updated version with a new effective date.
