Legal

Terms of sale

1. Scope

These terms of sale apply to purchases of the paid plans of Fathom Charts from the account pages of the fathomcharts.com website. The seller is Adrien Insights, whose details are given in the legal notice, except when payment goes through Creem (section 4).

Use of the purchased Service remains governed by the terms of use. The terms of sale that apply are those in force on the day of the order.

The French version of these terms is the authoritative one; this English version is provided for convenience.

2. The plans

PlanPriceContent
SandboxFreeStream delayed by 10 minutes and the last 7 days of history, to try the API. It is not a sale and is governed by the terms of use only
LiveMonthly subscriptionThe real-time indicator stream. The historical API (queries, exports, subscriptions that start in the past) is not included
HistoricalOne-time paymentThe historical API over the full available depth, with no time limit (section 7). Without Live, the stream stays delayed by 10 minutes

The two paid plans stack. The features and limits of each combination (connections, subscriptions, rate, monthly compute budget, monthly export volume) are described on the Plans and billing and Limits pages, which form part of the offer on the day of the order.

The Service covers the futures contracts and instruments listed in the documentation on the day of the order. Its availability depends on market data supplied by a third party (terms of use, section 8).

3. Prices

Prices are shown in the account pages before the order, all taxes included: the amount shown is the amount you pay. The currency depends on your billing country: euro in France and the rest of Europe, US dollar elsewhere.

The price of Live may change. Any increase is notified to you by email at least 30 days before it applies; it applies from the first renewal after that period. If you refuse it, cancel your subscription before that renewal. The price of a Historical purchase already paid never changes.

4. Order and payment

You order from the account pages: you enter your billing country, review the price and the plan, tick the box requesting immediate access and waiving the right of withdrawal (section 6), then are redirected to the provider’s secure payment page. The order is final once the provider confirms the payment.

The provider depends on your billing country:

An account stays with the provider of its first payment. We never have access to your card details.

You declare an accurate billing country: it determines the taxes that apply. An inaccurate declaration meant to avoid a tax may lead to suspension of access.

5. Access

Access is activated automatically a few moments after the provider confirms the payment. Your live keys then get the rights of the plan, including on connections already open. If access is not activated within an hour of payment, write to [email protected].

6. Right of withdrawal

The plans consist of the supply of digital content (data derived from market data, produced and supplied in digital form) whose performance starts as soon as payment is made.

If you are a consumer, you normally have 14 days to withdraw. Under article L221-28, 13° of the French Consumer Code, which implements EU Directive 2011/83/EU, this right cannot be exercised once supply has started with your prior express consent and your express waiver of that right. Before each payment, the account pages therefore ask you to tick a box by which you request immediate access and acknowledge that you waive your right of withdrawal; until it is ticked, payment cannot start. The exact text of this box is shown on the Plans and billing page.

Your consent is recorded with its date, the version of the text shown, the plan concerned and your email address.

As a result, no payment is refunded, neither for a started subscription period nor for a Historical purchase, unless a mandatory legal provision says otherwise, in particular the conformity guarantee (section 9).

7. Term, cancellation and end of access

Live is a monthly subscription, renewed automatically at each renewal date at the current price, until cancelled.

Historical is a one-time purchase. Access has no end date: it lasts as long as we operate the Fathom Charts historical API. The plan’s compute budget and export volume renew each month and do not carry over from one month to the next. Should we permanently stop operating the historical API, we would tell you by email at least 3 months in advance.

A refund granted by the provider or a payment dispute with your bank removes the corresponding access. Suspension or closure of an account for a breach of the terms of use gives no right to any refund.

8. Invoices

Invoices and receipts are issued by the payment provider and available in its customer portal, opened from the account pages (“Invoices and payment method”). You also manage your payment method there.

If you are a consumer, you benefit from the legal guarantee of conformity for digital content and services (articles L224-25-12 et seq. of the French Consumer Code) for the whole duration of supply of the plan. In case of lack of conformity, you are entitled to have the plan brought into conformity; failing that, or if the defect is serious, to a price reduction or to terminate the contract. To use it, write to [email protected] describing the defect.

Beyond these legal guarantees, the plan is provided under the availability and accuracy conditions of section 8 of the terms of use, and liability is governed by their section 11.

10. Customer service

For any question or complaint: [email protected]. We answer within 5 business days.

11. Governing law and disputes

These terms are governed by French law. If you are a consumer living in another country, you keep the protection of the mandatory provisions of the law of your country of residence.

In case of dispute, first send a written complaint to [email protected]: we will look for an amicable solution. Failing that, the dispute is brought before the competent courts. If you are a consumer, you may bring it before the courts of your place of residence or of our registered office. If you act in a professional capacity, exclusive jurisdiction is given to the Tribunal de commerce de Toulon.