Terms of Use

Terms and Conditions for HistoGate

Effective Date: 11 September 2025

Please read these Terms and Conditions (the “Terms”) carefully. They form a legally binding agreement between you and HistoGate (“HistoGate,” “we,” “our,” or “us”) governing your access to and use of histogate.com and any related sites, applications, products, content, and services we provide (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization.

1) Definitions

• “Account” means a registered user account for the Services.
• “HistoGate Content” means the Services, site design, features and functionality, software, code, interfaces, databases, templates, text, graphics, images, audio, video, documentation, and other materials we own or control.
• “Site” means histogate.com and any subdomains.
• “User Content” means any content or materials (e.g., text, images, data, feedback) you submit, upload, post, or otherwise provide to or through the Services.

2) Acceptance of Terms

• These Terms apply to all users of the Services. Your access or use constitutes acceptance.
• We may require you to accept additional terms for certain features; those additional terms are incorporated by reference and will control to the extent of any conflict.
• You affirm that you are able to form a binding contract with HistoGate and that you will comply with these Terms and all applicable laws.

3) User Eligibility

• Minimum age: You must be at least 16 years old (or the age of digital consent in your country, if higher). If you are under the age of majority in your jurisdiction, you may only use the Services with the consent of a parent or legal guardian who accepts these Terms on your behalf.
• Prohibited users: You may not use the Services if you are on any applicable sanctions or restricted party list, or if your use would cause us to violate export control, sanctions, or other laws. You agree to comply with all applicable import, export, and sanctions laws and regulations.
• Geographic availability: We may restrict access to the Services or certain features in some countries or regions to comply with law or for business reasons.

4) Accounts and Security

• Registration: You must provide accurate, current, and complete information during Account registration and keep it updated.
• Credentials: You are responsible for maintaining the confidentiality of your login credentials and for all activities under your Account. Notify us promptly of any unauthorized access or suspected breach.
• One account: You may not share your Account or create multiple accounts to circumvent restrictions.
• Security: We may take actions deemed reasonably necessary to protect the security and integrity of the Services, including suspending or limiting access.

5) Permitted Use

• License to you: Subject to these Terms, HistoGate grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal, lawful purposes.
• Scope: This license does not include any rights not expressly granted. We reserve all rights not expressly granted under these Terms.

6) Prohibited Conduct

You agree not to, and will not allow others to:

• Use the Services for any unlawful, infringing, harmful, harassing, defamatory, discriminatory, deceptive, or abusive purpose.
• Upload or share content that violates others’ rights, including intellectual property, privacy, or publicity rights; or that contains viruses, malware, or harmful code.
• Interfere with or disrupt the Services; attempt to bypass, probe, scan, or test vulnerabilities; or circumvent security or access controls.
• Copy, modify, create derivative works of, reverse engineer, decompile, or otherwise attempt to extract source code from the Services, except to the extent such restriction is prohibited by applicable law.
• Scrape, crawl, index, mine, harvest, or collect information from the Services (including personal data) by automated means without our prior written consent.
• Use the Services to send unsolicited communications, spam, or multi-level marketing schemes.
• Misrepresent your identity or affiliation; impersonate others; or misstate the origin or ownership of content.
• Use the Services in a way that materially burdens our infrastructure or exceeds reasonable request volume.
• Remove, obscure, or alter any proprietary notices or marks on the Services.
• Use the Services for competitive analysis or to build a competing product or service.

7) Intellectual Property Rights

• Ownership: HistoGate and its licensors own all right, title, and interest in and to the Services and HistoGate Content, including all intellectual property rights. Your use does not transfer any ownership rights.
• Trademarks: HistoGate names, logos, and marks are trademarks or service marks of HistoGate or its licensors. You may not use them without prior written permission.
• Feedback: If you submit feedback, ideas, or suggestions, you grant HistoGate a perpetual, worldwide, irrevocable, transferable, sublicensable, royalty-free license to use and exploit them for any purpose without restriction or compensation to you.

8) User Content and License to HistoGate

• Your rights: You retain ownership of your User Content, subject to the rights granted to HistoGate in these Terms.
• Your license to HistoGate: You grant HistoGate a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, adapt, translate, modify (for formatting/display), create derivative works (as necessary for technical operations), distribute, publicly perform, publicly display, and otherwise use your User Content as reasonably necessary to operate, provide, secure, improve, and promote the Services.
• Responsibility: You are solely responsible for your User Content and for ensuring you have all necessary rights, permissions, and consents to upload and share it. Do not upload personal data of others without a lawful basis and appropriate notices/consents.
• Representation and warranty: You represent and warrant that your User Content and your use of the Services comply with these Terms and applicable law; do not infringe or misappropriate any third-party rights; and do not contain harmful code.
• Moral rights: To the extent permitted by law, you waive and agree not to assert any moral rights or similar rights in your User Content against HistoGate or our sublicensees for the purposes described above.
• Monitoring and removal: We may (but have no obligation to) monitor, review, or remove User Content at our discretion, including where we believe it violates these Terms or the law.
• Backups: You are responsible for maintaining backups of your User Content. We are not responsible for loss of User Content, except to the extent required by applicable law.

9) Third-Party Services and Links

• The Services may link to third-party websites, applications, or services, or allow you to integrate with them. We do not control and are not responsible for third-party services. Your use of third-party services is at your own risk and subject to their terms and policies.

10) Privacy

• Our collection and use of personal data through the Services is described in our Privacy Policy. By using the Services, you acknowledge that we will process personal data in accordance with that policy and applicable law.

11) Disclaimers

• As-is: The Services and all HistoGate Content are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise.
• No warranties: To the fullest extent permitted by law, HistoGate disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties arising from course of dealing or usage of trade.
• No guarantees: We do not warrant that the Services will be uninterrupted, timely, secure, error-free, accurate, or free of harmful components, or that defects will be corrected.
• Advice: Any information provided through the Services is for general informational purposes only and does not constitute professional advice. You are responsible for how you use any information obtained through the Services.
• Consumer rights: Some jurisdictions do not allow disclaimers of certain warranties; if so, some disclaimers may not apply to you. Nothing in these Terms affects any non-waivable statutory rights you may have under applicable law.

12) Limitation of Liability

• Exclusion of certain damages: To the fullest extent permitted by law, HistoGate and its affiliates, officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenues, savings, goodwill, or data; or business interruption, arising out of or related to the Services or these Terms, even if advised of the possibility of such damages.
• Liability cap: To the fullest extent permitted by law, HistoGate’s total cumulative liability for all claims arising out of or related to the Services or these Terms will not exceed the greater of: (a) the amounts you paid to HistoGate (if any) for the Services giving rise to the claim during the 12 months immediately preceding the event giving rise to liability; or (b) EUR 100.
• Carve-outs: The above exclusions and limitations do not apply to liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or gross negligence or willful misconduct where such exclusions are not permitted.
• Consumer rights: If you are a consumer within the European Economic Area, the United Kingdom, or another jurisdiction with mandatory consumer protection laws, the limitations in this section apply only to the extent permitted by such laws and do not deprive you of any mandatory rights.

13) Indemnification

You will defend, indemnify, and hold harmless HistoGate and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party rights. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification, in which case you will cooperate with us.

14) Suspension, Termination, and Account Closure

• By you: You may stop using the Services and/or request Account deletion at any time, subject to any specific service terms.
• By HistoGate: We may suspend or terminate your access or Account, with or without notice, if we reasonably believe you or your User Content violate these Terms or law; present a security or legal risk; or if we discontinue the Services (in whole or part).
• Effect: Upon termination, your right to use the Services ceases. Sections that by their nature should survive will survive termination (including, without limitation, Sections 7–13 and 15–20). We may retain certain data as required or permitted by law and our policies.
• Access to User Content: Where practicable, we will provide reasonable opportunity to export your User Content before termination for cause or discontinuation of the Services.

15) Governing Law

• If you are not a consumer: These Terms and any dispute or claim arising from or related to them or the Services are governed by the laws of Spain, without regard to conflict-of-laws principles.
• If you are a consumer in the EEA, UK, or Switzerland: You will benefit from any mandatory provisions of the law of your country of residence, and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions. Spanish law will apply to the extent not overridden by the mandatory laws of your country of residence.

16) Dispute Resolution and Jurisdiction

• Informal resolution: Before filing a claim, you agree to try to resolve the dispute informally by emailing contact@histogate.com with a description of your claim. If we cannot resolve the dispute within 30 days, either party may proceed as described below.
• Courts:
• If you are a business user or these Terms are entered into for business purposes, you agree to the exclusive jurisdiction and venue of the courts of Barcelona, Spain.
• If you are a consumer, you may bring a claim in the courts of your habitual residence or in Barcelona, Spain. We may only bring actions against consumers in the courts of the consumer’s habitual residence.
• Injunctive relief: Either party may seek equitable relief (including temporary or preliminary injunctive relief) in any competent court to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights.
• Online dispute resolution: If you are an EU consumer, you may have the right to submit a complaint via the European Commission’s Online Dispute Resolution platform at http://ec.europa.eu/odr. HistoGate is not obligated to and may not agree to use ADR entities to resolve consumer disputes.

17) Modifications to the Services and to These Terms

• Services: We may modify, suspend, or discontinue all or part of the Services at any time, with or without notice, where reasonably necessary (e.g., to improve functionality, enhance security, comply with law, or for business reasons).
• Terms: We may update these Terms from time to time. Material changes will be notified via the Site, by email to the address associated with your Account, or by other reasonable means at least 30 days before they become effective, unless immediate changes are required by law or for security. Your continued use of the Services after the effective date of updated Terms constitutes acceptance. If you do not agree, you must stop using the Services.

18) Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

19) Additional Provisions

• Entire agreement: These Terms, together with any additional terms referenced herein and our Privacy Policy, constitute the entire agreement between you and HistoGate regarding the Services and supersede all prior or contemporaneous agreements on that subject.
• No waiver: Failure to enforce any provision will not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.
• Force majeure: We will not be liable for any delay or failure to perform due to causes beyond our reasonable control (including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, utility failures, or internet outages).
• Notices: We may provide notices to you via the Services, email, or the contact details you provide. You may provide legal notices to us at contact@histogate.com and by mail to the postal address listed below.
• Interpretation: Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”
• Language: If these Terms are provided in multiple languages, the English version will control to the extent of any inconsistency, unless required otherwise by applicable law.
• Government end users: Any use of the Services by government entities is subject to these commercial Terms.
• Export compliance: You must comply with all applicable export control and sanctions laws; you represent that you are not prohibited from receiving the Services.

20) Contact

If you have questions or need to contact us regarding these Terms or the Services:

• Email: contact@histogate.com
• Postal Address: Ferran Muñoz 14, Begues, Barcelona, Spain

By using the Services, you acknowledge that you have read, understood, and agree to these Terms.