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Terms of Service
Effective Date:June 18, 2026
Last Updated Date: June 9, 2026
Please see this page for our Master Subscription Agreement.
Welcome to Fountain.These Terms of Service (“Terms”) govern your access to and use of the Services (as defined below) provided by OnboardIQ, Inc. dba Fountain (“Fountain,” “we,” or “us”).
BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICES.
1. Use of the Services
The “Services” collectively refers to Fountain’s website, mobile application, Platform, API, and any other online services offered by Fountain, its affiliates, or subsidiaries, as each may be updated, relocated, or otherwise modified from time to time, and all intellectual property contained therein. Any person who accesses and/or uses the Service, on their own behalf or on behalf of any third party, will be referred to herein as a “Fountain User.”
Your Fountain account is personal to you and you cannot share it with anyone.
Subject to these Terms, Fountain hereby grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for your own internal use or for the internal use of the entity on whose behalf you are authorized to act. Fountain reserves the right at all times and without notice to: (i) restrict, deactivate, and/or terminate your access to the Services (or any portion thereof); and (ii) modify or discontinue providing the Services (or any portion thereof). You agree that Fountain will not be liable to you or any third party for any termination or modification to the Services regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of Services made by us is to terminate your use of the Services.
Fountain’s policy with respect to the collection and use of your personally identifiable information is set in our Privacy Policy. By accepting these Terms, you acknowledge your review of Fountain’s Privacy Policy to understand our privacy practices.
Employment Decisions. Fountain does not make hiring or employment decisions and is not responsible for any employment-related decisions made by employers or organizations using the Services.
Automated Processing. Certain features may incorporate automated processing, artificial intelligence, or machine learning technologies. Fountain does not guarantee the accuracy, completeness, or suitability of any automated output, recommendation, ranking, or communication generated through the Services.
2. Registration, Accounts, Passwords, and Security
Fountain Users. In order to become a Fountain User, you must complete the registration process by providing Fountain with current, complete and accurate information, as prompted by the applicable registration form.
Accuracy of Information. You acknowledge that in the event you provide any information to Fountain which is untrue, inaccurate, not current or incomplete, Fountain may terminate your continued access and use of the Services.
Eligibility.
i. You represent and warrant that you are at least 16 years of age and that you have not been previously suspended or removed from the Services. THE SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 16 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES. IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER.
ii. If you are using the Services on behalf of a company, entity, or organization (each, an “Organization”), you represent and warrant that (A) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms, (B) agree to be bound by these Terms on behalf of such Organization, and (C) your Organization meets the eligibility requirements for the Services, as set forth in these Terms. Further, you will be solely responsible for ensuring your Organization complies with these Terms.
Credentials. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Fountain immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at security@fountain.com. You are responsible for all use of the Services occurring under your account and all content posted in your profile or with your account elsewhere on the Services. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Fountain will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Fountain or another party due to someone else using your account.
3. Your Responsibilities.
You may use the Services solely for lawful purposes, as intended through the provided functionality of the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
modify, alter, reproduce, or distribute the Services;
rent, lease, lend, sell, redistribute, or sublicense the Services;
copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service (as defined below));
attempt to disable or circumvent any security or other technological measure designed to protect the Services or any content available through the Services;
remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Services or in or on any content or other material obtained through the Services or the use of the Services;
create user accounts by automated means or under false or fraudulent pretenses;
use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Services;
probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
reformat, mirror, or frame any portion of the web pages that are part of the Services;
post or transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, contains offensive language (e.g., words that are customarily considered “curse words”), or nudity, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
harvest or collect information about other users without their prior written consent;
otherwise engage in activities that could violate the privacy rights of others;
harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Fountain employees and other users;
create a new account with Fountain, without Fountain’s express written consent, if Fountain previously disabled an account of yours;
violate any applicable federal, state or local laws, regulations or these Terms; nor
use or access the Services to build a competing service.
We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
4. Consent to Electronic Communications and Text Messaging
Consent to Electronic Communications. By using the Services or providing Personal Information (as defined in the Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at security@fountain.com.
SMS Text Messages and Push Notifications. When you register with Fountain, Fountain will send you an SMS text message containing a 4-digit code in order to verify your phone number and will send SMS text messages and push notifications (“Messages and Notifications”) in order to keep you informed about the Services. By using the Services, you agree to receive Messages and Notifications regarding your use of the Services. SMS text messages are for informational purposes only. While Messages and Notifications are intended to enhance your use of the Services, you may (i) disable push notifications on your device, and/or (ii) reply “STOP” to remove yourself from our text message database. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold Fountain liable for any charges incurred. Fountain cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures. Message & data rates may apply. Text HELP for help.
Fountain Profile Messaging. When you submit your Personal Information and/or click “Sign Up” with Fountain, you electronically agree that Fountain or its agents may send you transactional, service-related, promotional or marketing messages. Message & data rates may apply.
5. User Content
User Content Generally. Certain features of the Services permit Fountain Users to upload content to the Services, including comments, photos, video, images, data, text, and other types of works ("User Content") and to publish User Content on the Services. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Services.
Limited License Grant to Fountain. By posting or publishing User Content, you grant Fountain a worldwide, perpetual, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any and all media or distribution methods (now known or later developed) in accordance with the settings on your account and the features of the Services you elect to utilize. However, Fountain may use that User Content for other purposes provided that it does not specifically identify you as the source of that content.
Limited License Grant to Other Users. By posting or sharing User Content with other users of the Services, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Services.
Usage Data. You agree that Fountain may collect and use technical data and related information, including, but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services, and to track and report your activity inside of the Services, including for analytics purposes. Please see the Privacy Policy for more details regarding the information Fountain collects, and how it uses and discloses that information.
Restrictions; Data Retention. You agree that Fountain will have no responsibility or liability with respect to any User Content that is processed, transmitted, disclosed, or stored in connection with the Services. Fountain is not responsible for performing, and is not liable for any failure to perform, any back-up of any User Content provided, processed, or stored in or through the Services.
User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
i. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Fountain and other Fountain Users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Fountain, the Services, and these Terms; and
ii. Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person or organization; or (C) cause Fountain to violate any law or regulation.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other Fountain Users post or publish, and will not be in any way responsible or liable for User Content. Fountain may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Fountain with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Fountain does not permit copyright-infringing activities on the Services.
Sending Messages. The Services may allow Fountain Users to exchange messages (“Messages”) with each other. Harmful, obscene, or offensive communications are not welcome in any Messages. If a user sends you an objectionable Message, please notify us by sending an e-mail to support@fountain.com. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that Fountain may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Services and for such other purpose as Fountain may deem appropriate in its sole discretion.
6. Term and Termination
Duration of Your Agreement. Your agreement to these Terms begins on the date you first access or use the Services and remains in effect until terminated. Fountain may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if Fountain reasonably believes you have violated these Terms. You may terminate your agreement to these Terms at any time by discontinuing your use of the Services and closing your account. Termination of your access does not release you from any obligations or liability that arose prior to termination, and does not affect any rights or remedies Fountain may have at law or in equity. Fountain may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong, and reserves the right to disclose any information as required by applicable law, regulation, legal process, or governmental request.
Effect of Termination. The following Sections of these Terms will survive termination or expiration of your use of the Services: 3, 5, 7, 8, 9 - 12, 14 - 22.
7. Ownership
Proprietary Information. You acknowledge and agree that: (i) the Services, including, without limitation, any Content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Fountain and its licensors, as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Fountain; and (iii) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.
Trademarks. You acknowledge that Fountain has acquired, and is the owner of, trademark rights in the name and word mark "Fountain"™ and in the other marks and design marks displayed on the Services. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or Fountain’s ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. All use of the foregoing name and marks by you will inure exclusively to the benefit of Fountain. All marks shown on the Services but not owned by Fountain are the property of their respective owners.
8. Disclaimer of Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICES MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, FOUNTAIN DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF FOUNTAIN, ITS AFFILIATES OR SERVICE PROVIDERS, FOUNTAIN’S CONTENT PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES NOR THE EMPLOYEES, AGENTS AND/OR CONTRACTORS (COLLECTIVELY, THE “FOUNTAIN PARTIES”) WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. FOUNTAIN CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH FOUNTAIN USER IS SOLELY RESPONSIBLE FOR (I) THEIR USE OF THE SERVICES, AND (II) ANY DAMAGES INCURRED BY THEM OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICES. THE AGGREGATE LIABILITY OF THE FOUNTAIN PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO FOUNTAIN FOR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE FOUNTAIN PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF FOUNTAIN OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE FOUNTAIN PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OTHER FOUNTAIN USER PURSUANT TO THE SERVICES.
10. Third Party Disputes.
FOUNTAIN IS NOT AFFILIATED WITH ANY OTHER FOUNTAIN USER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY OTHER FOUNTAIN USER, SERVICE PROVIDER, THIRD-PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE FOUNTAIN (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11. Force Majeure.
Fountain will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Fountain’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays Fountain in fulfilling its obligations hereunder.
12. Indemnification and Release
To the fullest extent permitted by law, you will defend, indemnify and hold Fountain, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys’ fees and lost revenues) arising from: (i) any and all breaches by you of these Terms, Fountain’s Privacy Policy, or any representation, warranty or covenant contained herein; (ii) any and all use of the Services not specifically authorized hereunder and on the Services; and (iii) any and all claims and actions against Fountain by other parties to whom you allow access to the Services.
To the fullest extent permitted by law, you further waive, release and forever discharge the Fountain Parties from any and all responsibility or liability for injuries or damages resulting from any service obtained through the use of the Services, including injuries or damages caused by the negligent act or omission of the Fountain Parties or in any way arising out of or connected with the Services.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
13. Third-Party Services, Third Party Fees, and Linked Websites
Access to Third-Party Services. The Services may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services (collectively, “Third-Party Services”).
No Control Over Third-Party Services. Fountain does not have or maintain any control over Third-Party Services, and is not and cannot be responsible for their content, operation, or use. By linking or otherwise displaying information from or providing access to any Third-Party Services, Fountain does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third-Party Services.
Terms of Third-Party Services. Third-Party Services may have their own terms of use and privacy policy, and may have different practices and requirements to those operated by Fountain with respect to the Service. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third-Party Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any Third-Party Services.
Disclaimer of Liability for Third-Party Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third-Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third-Party Services. Fountain disclaims any and all responsibility or liability for any harm resulting from your use of Third-Party Services, and you hereby irrevocably waive any claim against Fountain with respect to the content or operation of any Third-Party Services.
Third-Party Software. The software you download consists of a package of components, including certain third-party software (“Third-Party Software”) provided under separate license terms (the “Third Party Terms”). Your use of the Third-Party Software in conjunction with the Services in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third-Party Software.
14. Dispute Resolution
Pre-Suit Notice and Informal Resolution. Before filing any legal claim against Fountain, you agree to first notify Fountain of your dispute by sending a written description of the claim and the relief you are seeking to legal@fountain.com. Fountain will similarly notify you at the email address associated with your account before filing any claim against you. The parties agree to spend 30 days after notice is received attempting in good faith to resolve the dispute informally. If the dispute is not resolved within that 30-day period, either party may pursue their claims in court in accordance with this Section.
Jurisdiction and Venue. These Terms and any dispute arising out of or relating to them or your use of the Services will be governed by the laws of the State of California, excluding its conflict of laws rules. Any legal action or proceeding must be brought exclusively in the state or federal courts located in San Francisco County, California. You and Fountain each irrevocably consent to the personal jurisdiction and venue of those courts.
No Class Actions. You and Fountain agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The court may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. Claims may not be brought as a class, collective, coordinated, consolidated, mass, or representative action.
Frivolous Claims. If a court finds that any claim you have brought against Fountain is frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11(b), you agree to reimburse Fountain for its reasonable attorneys' fees and costs incurred in defending that claim.
Injunctive Relief. Nothing in this Section prevents either party from seeking emergency injunctive or other equitable relief from a court to prevent irreparable harm pending resolution of a dispute.
Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES.
Time Limitation on Claims. Any claim arising out of or relating to the Services must be brought within one (1) year after the claim arose, or such claim is permanently barred.
15. Protected Activity Not Prohibited.
You should understand that, insofar as permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state or local government agency or commission (“Government Agencies”). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Fountain. Notwithstanding, in making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Fountain confidential information to any parties other than the Government Agencies.
16. Feedback.
If you provide any feedback to Fountain concerning the functionality and performance of the Services (including identifying potential errors and improvements), you hereby assign to Fountain all right, title, and interest in and to such feedback, and Fountain is free to use such feedback without payment or restriction.
17. Entire Agreement; Variation.
These Terms set forth the entire agreement between Fountain and you with respect to the Services. These Terms supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms. Fountain reserves the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this document. Your continued use of the Services after the effective date of any modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.
18. Severability.
If any provision of these Terms is held invalid, illegal, or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal, and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.
19. Relationship of Parties.
Nothing herein will be deemed to create an employer-employee relationship between Fountain and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
20. Waiver.
No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
21. Assignment.
Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Fountain and any attempt to do so will be null and void. However, Fountain may assign or transfer these Terms at any time without your permission.
22. Third-Party Beneficiaries.
The provisions of these Terms relating to the rights of Fountain content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to these Terms.