TERMS OF USE

 

Last Update: August 18, 2020

 

Welcome to Historeat!

 

Dear User, before downloading our App and/or entering our Site and using the Services of our Platform, we ask You to read these Terms of Use (the “Terms of Use”) carefully as they contain relevant information about the use of the Platform, the Site, the App and our Services, and constitute the instrument that govern your relationship with Us as well as Your rights and obligations as User.

 

These Terms of Use have been created to ensure that the Platform, the Site, the App and the Services work appropriately for You and every other User, so it’s important to respect them to maintain a positive, inclusive and mutually respectful environment, that allows You to share posts with the passion for good food.

 

  1. Definitions

 

For all purposes related to these Terms of Use, including its interpretation, words (initiating with capital letter) shall have the meaning given in this section or the meaning given to them throughout the document (identified in parenthesis, underlined and in quotation marks) unless explicitly stated otherwise. The defined words may be used in singular or plural, as required by the meaning of the sentence, and the male gender includes all genders.

 

  • App/Mobile App: Historeat’s App for mobile devices, compatible with IOS and Android operating systems which the User downloads and uses to access the Platform and its Services.

  • Privacy Policy: Electronic document that contains our policy regarding the collection, privacy, use and processing of your personal information and data, which is available to the Users in the App itself and on our Site, and has been provided by Historeat as the responsible holder.

  • Content: All information, including but not limited to, data, text, photographs, graphics and messages; generated, published or shared by the User through the Services of the App and Platform.

  • Historeat / Us: Historeat, S.A.P.I. de C.V., a company duly incorporated under the laws of Mexico, based in Guadalajara, Jalisco, Mexico and duly registered in the Public Registry of Commerce of Mexico, domiciled in Av. Coyoacan 333, Ciudad del Sol, Zapopan, Jalisco, Mexico, P.C. 45050. Owner of the Platform, the App, the Software, the Services and of all of its rights.

  • Parties: The User and Historeat jointly referred.

  • Plan: Platform tool that allows the User to add their own or other Users' posts from a specific geographical location that is planned to be visited, in order to group dishes, food and/or drinks from a specific place for them to be tried

  • Platform: Historeat’s international online platform, integrated by a set of API, SDK, plugins, codes, specifications, documents and technologies, which facilitates and provides Services to its Users through the Mobile App.

  • Follower: User who chooses to follow other User Account to be able to see his profile and posts. If it is a Private Profile, it will require prior authorization from the owner User but not if it is a Public Profile.

  • Service: Intermediation technological service that includes all the products, functions and technologies that allows its Users to keep a personal logbook of food and beverages, share Content, with or without location, rating and reviews. As well as allowing You to follow, interact and share Content with other Users, as a social media.
     

The description of the particularities of the Service is detailed in the services section of these Terms of Use.

  • Site: www.historeat.app

  • Software: Computer program code owned by Historeat, that allows access and use of the Platform Services through the App.

  • User/You: Any person with legal capacity that downloads the App and registers into the Platform by giving his/her consent to the Terms of Use in order to use the Services.

  • User Account: Personal account that is generated at the moment the User registers into the Platform through the App and creates a personal profile.

  • Visitor: Any person that access or browses the Site without registering as a User, solely for the purpose of learning about Historeat, its Platform, App and its Services, and will only be able to see the information that Historeat has on its Site.

  • Subject to the Terms of Use

 

These Terms of Use constitute a binding agreement between You and Historeat, which its main purpose is: (i) to regulate the access and use that you give to the App, the Platform and Services, as well as the Site; (ii) to regulate the binding contract between You and Historeat; (iii) to establish your rights and responsibilities as User; and (iv) to establish the responsibilities and limitations of liability of Historeat.

 

  • Acceptance

 

You expressly accept these Terms of Use and give your consent by creating your User Account and pressing the "Sign Up" button or performing sign in with Facebook, which will allow you to access and use the Platform, the Services and the App. If You do not fully accept the Terms of Use, You must refrain from entering the Site, using the Platform, the App and the Services.

 

If You disagree with these Terms of Use, You must refrain from downloading, registering, accessing and/or using the App, the Site, the Platform and the Services, since otherwise it will be understood that You expressly and irrefutably grant your consent.

 

The mere visit and/or use of the Site implies the granting of consent and acceptance to these Terms of Use to the applicable extent. In case of disagreement with these Terms of Use, You must refrain from accessing, using and/or browsing the Site.

 

By accepting these Terms of Use You are also accepting and authorizing the use of Cookies and/or any similar technology by Historeat and/or any third party authorized by it, regarding any activity that You perform within the Site, the Platform and the App.

 

  • Use

 

License of Use. Subject to the acceptance and compliance with these Terms of Use, Historeat grants the User a non-exclusive, revocable and non-assignable license of use for the Software, with the sole purpose of enabling the User the access and use of the Services of the Platform and the App, in accordance with the provisions of these Terms of Use. Historeat reserves any rights not expressly granted (referred to as the "Software License").

 

The Software License is granted for the time that the Services are available for the User, Historeat reserves the right to perform, update and/or modify the Software, the App and/or the Platform and/or perform functionality or design as necessary.

The User acknowledges that the Software License is granted to be used in a single User Account per User, which implies that the User can only register, access and use one User Account.

 

Written permission or an open-source license is required in order to be able to modify, decompile or extract the source of Historeat’s Software or to create derivative work from it.

 

Proper Use. The User undertakes the obligation to access and use the Platform, the App and the Services in accordance with these Terms of Use, good faith, public order and the laws of Mexico. Therefore You understand that You have to refrain from using the Services and/or carry acts in a manner that could be for illicit purposes or effects, harmful to the rights and interests of third parties or with purposes that in any way may damage, disable or overload the Platform, the App and/or the Services themselves, in which case, Historeat may suspend the provision of the Services at any time without prior notice and/or deny access temporarily or permanently by canceling your User Account.

 

Purpose. The purpose of the Services provided by Historeat through the Platform and the App is to serve solely and exclusively as a personal food and beverage log, as well as a technological intermediary for Users to interact with others and share, only and exclusively, Content related to food and drinks.

 

Historeat, its Platform and/or its App will not be responsible for any act performed by Users. Users have the free will to use or not the App, the Platform and its Services, as well as the full and free will to interact or not with other Users, with the singularity of privacy settings that they have freely selected. Therefore, Historeat will not be liable, under any circumstances, for any loss or damage resulting from communications and interactions between Users.

 

In order to create a pleasant and healthy environment, Historeat makes available for You the Report button in the "Actions" section of the App, to report activities, Content or accounts contrary to the Terms of Use, good faith and public order, without implying that Historeat assumes any responsibility for the acts performed by any User.

 

  • User

 

The Platform recognizes as a User any person with legal capacity that downloads the App, registers and grants express consent to these Terms of Use by creating a User Account that will allow access to the Platform and Services. You must have a User Account in order to be able to use the App and access the Services.

 

Historeat may, at its sole and free discretion, grant the status of Verified User to those Users who have a User Account and are considered public figures, celebrities, known figures of the food and beverage industry and/or related to well-known brands. For this, Historeat may request more information from the User. Once the User Account is verified, a badge will appear next to the username in the search and in the profile itself (“Verified User”). The verification is carried out with the purpose of making it easier for other Users to find the persons and/or brands they are interested in, without implying that Historeat grants any other type of guarantee.

 

Legal Capacity. The User must be an adult with legal capacity to be subject to the rights and obligations established in these Terms of Use. Underage Users are allowed to register as long as they have the authorization and supervision of their parents or guardians and as long as they are not under thirteen.

 

You state and express, under oath, that all the information provided to Historeat through the Mobile App will be accurate, truthful, complete and current, therefore Historeat will not be responsible for validating and/or verifying it (except in the case of Verified Users), being your sole responsibility.

 

The User, who freely decides to register in the App, accepts and acknowledges that his/her relationship with Historeat is limited to a relationship of independent parties and not as an employee, agent, representative, partner, associate or member of the company. The User acts exclusively in his/her own name and interest.

 

Historeat reserves the right to suspend, without prior notice, the provision of the Services and/or cancel the User Account to Users who: (i) are under 13 years old (ii) are under 18 and do not have the authorization and supervision of their parents or guardians, (ii) carry out illegal activities, (iii) violate the intellectual and industrial property rights of others, (iv) violate morals and good manners, (v) violate the rights of third parties and/or (vi) perform any act or omission in contradiction to the provisions of these Terms of Use.

 

If Historeat receives information or has reasonable suspicion that a User, without the legal capacity to ingest alcoholic beverages in his/her country of residence, shares or comments on Content related to alcoholic beverages, it will promptly eliminate, without prior notice, his/her Account of Use and will delete all his/her personal information.

 

International Users. Historeat is based in the city of Guadalajara, Jalisco, Mexico. Therefore, the information, content and Services offered through the App must not be distributed or used by any person or entity in a jurisdiction or country where such distribution or use would be contrary to law, or which would subject Historeat to any request or registration requirement. Historeat does not guarantee that its Services are legal or accessible in other jurisdiction or countries. Any person who registers as a User, outside Mexico, does it at his/her own risk and is responsible for complying with local laws.

 

Restrictions. The Platform, the App and the Services may not be used by persons who: (i) lack or have limited legal capacity (regardless of the cause) (ii) are prohibited from receiving the Services in accordance with the law of their country, the country of which they are residents, or the country from which they physically access the Platform Services; (iii) are prohibited from using our Services under the law; (iv) have had his/her User Account previously disabled due to breach of our Terms of Use or for a violation of the law; (v) are convicted of sexual crimes; (vi) are under 13 or between 13-17 years old and do not have the consent and supervision of their parents or guardians.

 

The App, Platform and/or the Services, as well as some of its functionalities may not be available or may be restricted/prohibited in some countries, and/or in certain mobile devices, for which Historeat is not responsible and does not offer any guarantee. It is Your responsibility to comply with your local laws and regulations.

 

Registration and User Account. Having a User Account is mandatory in order to use the App and access the Platform Services. The User may register and create a User Account using a third-party login such as Facebook login or directly in the App using his/her email and completing the corresponding registration form.

 

Once the User is registered, his/her User Account will be generated, and he/she will have a profile that can be edited at any time. In the profile the User will be able to provide information such as name, description, profile picture and may determine, at any time, if his/her User Account is public or private.

 

As additional information, which will be considered private information (regardless of Public or Private Profile), the User may provide an email, telephone number and date of birth, so Historeat may be able to communicate, grant rewards and/or send notifications to the User.

 

It will be considered that a profile is private when the User who owns the User Account has determined it freely and therefore must authorize other Users before they can access his/her profile to visualize his/her Content (referred to as “Private Profile"). It will be considered that a profile is public when the User who owns the User Account has determined it freely and therefore all other Users who wish to do so may access his/her profile and view his/her Content without the need of prior authorization (referred to as "Public Profile").

 

You assume, from the moment of the creation of your User Account, the total and complete responsibility of maintaining the confidentiality of your personal information, User Account and password, as well as to restrict the access to your computer, mobile device and/or any other hardware equipment from which you have access the Platform since you will be solely responsible for any activity carried out from your user Account. You may not assign or transfer your User Account to another person.

 

  • Services

 

Historeat's purpose is to offer intermediation technological services that allows Users to have their own personal food and beverage log in which they can share Content with or without location, rating and reviews, while being able to follow, interact and share Content with other Users, through the App and Platform which includes different functions, tools and technologies, and can do it under the Software License (the “Services” concept defined in the definitions section).

 

Our Service has the following particularities:

 

Actions. Users may perform within the Platform and through the App the following actions regarding their own Content:

 

  • Share Content through a post. Such content may include images, descriptions and information regarding price range, rating and location, among other things. Also, the User may tag other Users that shared the experience with him/her. For this, the User will have to use the action button.

  • Give a like.

  • Share a post on Facebook and Instagram (in those cases Users will be governed by the terms of use and the privacy notice of each of those social media channels and release Historeat from any responsibility or liability) or with other Users by private message.

  • Add it to a particular List (Grouping or List).

  • Add it to the Travel Plan. Travel Plan works as a List that allows Users to save posts from other Users with the intention of having easy access to the reference in case of planning a trip to that destination.

  • Duplicate the Content of his/her own post, which works as an automatic pre-filling to upload another post from the same place.

  • Copy the Content of a post in which a user is tagged, which works as a duplication of an existing post with the ability to provide personal ratings and additional information.

 

Connections. The App allows Users to interact with each other in order to share their common interests in regard to food and beverages. Users may perform the following actions regarding the post of other Users (considering particularities of each type of Profile, whether Public or Private):

 

  • Give a Like.

  • Report the Content of a post if it is considered offensive, violates third party rights or goes against these Terms of Use.

  • Send a private message to another User.

  • Share the Content of a post with another User.

  • Add the Content of a post to a Wish List.

  • Add the Content of a post to a particular List (Grouping).

  • Add the Content of a post to a Plan.

  • Duplicate the Content of a post in another Profile (only in the case that the User had been tagged in the original post).

 

Historeat, the Platform and the App may use the User's data to make suggestions of other Users profiles.

 

Communication. Through the App, Users can communicate with other Users, either by commenting on a post or by sharing it, also by sending private messages (in accordance with the privacy settings established by each User). If any of the Users receives an unwanted private message he/she may report it through the available button in the App or by sending an email to report@historeat.app

 

Each User will have in his/her User Account an inbox where he/she will receive private messages, as well as notices when:

 

  • Another User duplicates or shares the Content of a post.

  • You get a new request of followers (in Private Profile) or when you have a new follower (in Public Profile).

  • You received a like.

  • Other User mentions or tagged You User in his/her post.

 

The User may delete messages, mark them as unread or report those that are: (i) unwanted, (ii) considered against these Terms of Use or, (iii) attempt against third-party rights.

 

Posts Feed. The feed of posts allows the User to view all the Content in sequences. In home feed mode You can view the content of other Users you follow; in personal feed mode You can view the Content of your own posts. The home feed will be customized based on the connections, posts, searches and accounts that the User follows. Historeat will personalize each User experience in the App and Platform according to his/her own use.

 

Search. The App allows Users to perform a filtered search of all the Content based on the 5W’s (who, where, what, when and why).

 

Lists. This function allows Users to create and share with other Users lists that group the Content of various posts. The User chooses the name of the list, with whom he/she shares it, if it is a public or private list, as well as what Content will be added to that list. The User who created the List may authorize other Users to edit it and Historeat may provide Users automatically with a Wish List.

 

Plan. Plan is a specific type of List that allows Users to save posts from other Users, so if You make a plan or trip to that destination You may have easy access to the content related to places, dishes and/or drinks you want to try.

 

Geolocation. The App works with Geolocation and may remember information or data previously entered by You and/or by other Users. Geolocation will only be available to Users who have approved the use of their location on their mobile device, otherwise the App may only suggest places based on the User's own input.

 

Rewards. Based on the Content that the User shares and/or posts, Historeat may grant rewards in accordance with the level/range of collaboration of the User.

Removal or modification of Services. Historeat reserves the absolute and unlimited right to modify the Services available in the App and Platform. If Historeat modifies or eliminates any Service, it will no longer be available to the User.

 

  • Content

 

The Content posted by Users must be limited to food and/or beverages and shall not violate any intellectual or industrial property rights from third parties. The Content may include photos, so the User must grant authorization to access the photo gallery and camera on his/her mobile device.

 

The posts may include the following information:

 

  • What is it? - Food or drink description.

  • When? - Date of consumption.

  • Where? - Place, for which the App may use geolocation, only in the event that the User had approved the use of location on his/her mobile device, otherwise the App may only suggest places based on the User’s input.

  • With who? - Tag other users. Tagged Users may share and/or duplicate the Content of the post on their own profile.

  • Why? - Reason for the post, why a particular place was visited, why a dish or drink was consumed or chosen.

 

Also, the User may add the following information in each post:

 

  • Price range (from 1 to 5 with $ signs).

  • Rating of the dish and/or drink (using stars).

  • Personal notes (which may be public or private, as determined by the User in each post).

 

The User must NOT post and/or share Content that may be considered:

 

  • Offensive, obscene, defamatory, slanderous, threatening, illegal or otherwise inappropriate.

  • That encourages violence and/or hate.

  • Total or partial nudes.

  • Sexually suggestive.

  • In any way intimidating.

  • That violates the rights of third parties, including intellectual and industrial property rights.

  • Impersonation.

  • That violates the privacy rights of third parties or an unauthorized use of personal data.

  • Sensitive personal information including economic and/or personal health information.

  • Product promotion unless the User is a restaurant, chef or similar and has Historeat’s authorization to do so in their own User Account. We are sorry but at the moment Historeat doesn’t allow sharing advertising or sponsored Content.

 

Historeat is not responsible for the Content posted and/or shared by the Users. The User acknowledges that he/she is solely responsible for the Content posted or shared and therefore responsible for the consequences arising from his/her posts, including but not limited to, the legal consequences of infringing intellectual and industrial property rights.

 

In the event that anyone considers that the Content posted by a User violates their intellectual and industrial property rights or any of the provisions established herein, he/she may report it through the buttons and mechanisms available in the App or by sending an email to report@historeat.app

 

Historeat, without assuming any responsibility for the Content posted by the Users, may evaluate and review reports of violation of intellectual and industrial property rights, as well as those of violation of the Terms of Use and, at its sole discretion and without the need for previous notice, may reject, mark, filter, censor, modify, block, deny access, remove or delete the User Content and/or the User Account without any responsibility.

 

Even though in Historeat we want the community and the relationships between the Users to grow, we know that unwanted situations that may not be considered a violation of the Terms of Use may occur, reason why You will always have the freedom and option to block or unfollow other Users.

  • Content Use License

 

In relation to the Content protected by the Federal Copyright Law, from this moment the User authorizes Historeat and grants in its favor an international license to use, not exclusive, sub-licensable, free and transferable, for a period of 15 years, to host, use, publish, distribute, modify, manage, copy, display, translate, share or publicly display his/her Content totally or partially, including but not limited to the profile picture available, as well as the photos and texts shared in every post (referred to as the "Content License"). The User expressly accepts that the authorization for the use of his/her profile picture is expressly and irrevocably granted in accordance with the provisions of article 87 and other applicable provisions of the Federal Copyright Law. The User accepts that the revocation of such authorization may hold him/her liable for the payment of punitive damages caused to Historeat.

 

The Content License (including images, photos, pictures and portraits), will allow Historeat:

 

  • The reproduction, publication or edition of the Content, totally or partially, in copies or by any public or private means, whether graphic, printed, plastic, electronic or other similar and/or available.

  • The reproduction or transmission, either public or private, of the Content in any form or means of commercial promotion, advertisement, propaganda or informative articles.

  • The display, communication or transmission, either public or private, of the Content by any means, present or future, including public access by Internet.

  • Make unlimited copies of the Content.

  • Use the Content in any type of work, including literary work.

  • Display and/or capture the Content in catalogs.

  • Make compilations with the Content of the User and/or third parties.

  • The dissemination of derivative works, in any of its modalities, including adaptations, alterations and transformations.

  • The distribution of the Content, including, but not limited to the sale or transfer of the ownership of the material supporting that Content, as well as any form of transmission of use or exploitation.

  • In general, use the Content in public.

  • Grant non-exclusive authorizations to third parties for the use of the Content in any or all of the modalities provided in this Content License.

 

In relation to the provisions of article 26 bis and other applicable articles of the Federal Copyright Law, as consideration for the use of the App, the Platform and the Services, the User grants to Historeat the benefit established in its favor in the referred article, for all communications, publications or public transmissions, by any means, for all or part of his/her Content. Historeat will always respect the moral right of the author, so he/she may request, at any time, to be recognized as the author of the Content, by sending an email to support@historeat.app specifying the Content, full name and any other relevant data. If Historeat does not receive the express request and/or the information needed, it may publish under anonymous or with the pseudonym that the User has in his/her User Account, Therefore the User expressly grants authorization in favor of Historeat to publish his/her Content on these terms until requested otherwise.

 

Even if the User Account is canceled or closed for any reason or circumstance, it will not result in the termination or cease of the Content License, which will remain in force.

  • Historeat’s powers and rights

 

Historeat reserves the right to, at its sole discretion and free will, as well as unilaterally and without any responsibility, do the following:

 

  • Cancel and/or claim the usernames in favor of companies or individuals that have any legal claim, registered trademark or are in the process of registering it.

 

  • Delete the Content and/or the User Account found in violation of third-party rights and/or of the Terms of Use, or for any other related reason or cause.

 

  • Suspend the Services at any time.

 

  • Cancel or suspend the User Account of any User or all.

 

  • Remove or modify the design and/or functionality of the Software, Platform, Services and/or the App.

 

  • Take any action necessary to preserve the security, integrity and/or the reliability of the App, its Software, its network, its technology and/or any other components.

 

  • Modify, at any time, these Terms of Use and the Privacy Notice.

 

 

Historeat, in addition to the provisions in the rest of these Terms of Use, will have the power to:

 

  • Allow Users to download the App and register by creating a single User Account per person.

 

  • Facilitate and promote communication between Users.

 

  • Collect and use the information and data generated by the Users, including the information revealed at the time they create their User Account and/or when they use the Services. The processing of personal data is done in accordance with the guidelines established in our Privacy Policy.

 

  • Send alerts, push notifications or emails to Users, in order to keep them informed and/or communicate promotions or other Services that Historeat could offer.

 

  • Liabilities and Disclaimers

 

The User who chooses to use the App, does it at his/her full and free will and own risk. The use and Services offered are presented and offered without any guarantee by Historeat, either expressed or implied.

 

The User acknowledges and accepts that he/she has had the opportunity to inform himself/herself of the content, terms and limitations of these Terms of Use, the applicable laws and other applicable rules and/or regulations. Historeat reserves all rights not explicitly granted to the User.

  • User Responsibilities:

 

  • Have the minimum legal age in his/her country of residence and the necessary legal capacity to be subject to rights and obligations.

  • In case of not having the minimum legal age required, at least 13 years old, have the authorization and supervision of Your parents or guardians.

  • Comply with the regulations and legislation of Your country of residence and/or with the regulations of the country from which You access or use the Platform.

  • Maintain the security of Your personal mobile device where You have downloaded the App and safeguard the password of Your User Account.

  • Do not impersonate another person or provide inaccurate or incomplete information.

  • Do not perform deceptive, illegal or fraudulent activities.

  • Do not make posts about things that are not related to food and/or drinks, nor belonging to other people (which violates the intellectual property rights of third parties), unless You have authorization to share them.

  • Do not share Your personal information or personal information belonging to others.

  • Do not make posts that include total or partial nudes, suggestive or sexual images, including those considered as spam.

  • Do not perform actions to artificially increase followers or "likes".

  • Always maintain and promote a healthy and positive environment.

  • Protect Your User Account and do not share Your password.

  • Install the App and its updates.

  • Do not publish private or confidential information.

  • Have internet service or connection to WIFI.

 

Conflict of interest

 

If the User is a chef, cook, owner or employee of any business directly related to food and/or beverages industry, he/she must refrain from posting false reviews in a way that harms his/her competitors, avoiding unfair competition, and shall only make sincere and objective reviews.

Permissions granted by the User

 

  • International License of use, sub-licensable, transferable and free regarding the Content published by the User (for more information consult the Content section).

  • Permission to use Your Username, profile picture (for more information see the Content section), information about the connections and actions that You perform within the App.

  • Permission to change Your username in case of intellectual property rights infringement or impersonation of the identity of others.

  • Permission to automatically update the software in case the User uses it or downloads it.

Content removal, cancelling or disabling User account.

 

Failure to comply with these Terms of Use may result in the removal of Content that the User shared in the App, as well as the temporary or permanent disabling of the User Account. Also, if the law requires it or allows it, or if it is to protect the community or Services. If so, we will notify and explain to the User the options to request a review, unless the breach is serious or repetitive.

 

Historeat informs You that in case You delete any Content, it will no longer be visible to other Users, however, it may continue to exist and appear in the following cases:

 

  • Backup copies, for a maximum of 90 calendar days.

  • Where other Users have shared it, until it is also deleted.

  • When the elimination limits, restricts or makes impossible an investigation and identification of illegal activities or activities contrary to the Terms of Use, until such issue is entirely resolved.

  • Compliance with the provisions of applicable laws, a court order or an order of any authority in the exercise of its faculties. In those cases, the Content will not be retained for longer than necessary or as required by law or by the authority, so the time may vary in each particular case.

 

In spite of the provisions of this section, the Content generated by the User may continue to be used by Historeat in accordance with the provisions of the Content section, specifically the Content License section, until the Content has completely disappeared.

 

Reports and complaints

 

If the User notices that any Content or User violates these Terms of Use, he/she may make a report within the App in the configuration settings> help> report a problem, or by sending an email to report@historeat.app. We will evaluate the report and proceed to take the necessary actions if it does violate our rules. If the Content does not violate our rules, You have the option to stop following or block the User.

 

Disclaimers and Limitations

 

Historeat and/or its App will not be responsible for any act performed by the Users. Users have the free will to use the App or not, as well as to interact or not with other Users. In order to create a pleasant and healthy environment, Historeat will make available to Users mechanisms to report activities or Content that are contrary to the moral and/ to the provisions of these Terms of Use, without implying that it is responsible for such.

 

Historeat may stop providing You the Service and/or cancel your User Account for any of the following reasons:

 

  • You violate these Terms of Use.

  • By requirement of law.

  • If your account poses a risk to other Users, or if You share illegal content or anything that goes against these Terms of Use.

  • If You infringe intellectual property rights of third parties

 

Historeat does not guarantee that the Service will work properly at all times nor can guarantee a safe space, since it does not control everything that Users can do within the App. The App and Services are offered by Historeat "as is", without any warranty. Historeat also assumes no responsibility for the places, dishes, drinks or services that other people or Users recommend or evaluate through the App.

 

To the extent permitted by law, the User disclaims any warranty. By way of example, but not limited to, the User accepts that Historeat will not be responsible: (i) for any damage or losses, (ii) loss of information or data, (iii) errors of the Platform, the App and/or the Services, (iv) material damages of any kind (v) moral or punitive damages of any kind arising out of or in connection with these Terms of Use.

 

The limitations and exclusions set here are applicable to the extent permitted by law. In extraordinary cases where exclusions are not allowed and there is any liability attributable to Historeat, it will always be limited to the amount equivalent to MXN $2,000.00 (two thousand pesos 00/100 M.N.)

  • Intellectual Property and Copyright
     

    • Intellectual property. All intellectual and industrial property rights that belong to Historeat and/or third parties from which authorization was obtained, will remain the exclusive property of their owner, so none of these provisions will be understood as the granting of a license to use or transfer rights in favor of the User regarding the trademarks, trade names, industrial designs, patents, copyright, industrial secrets or any other industrial or intellectual property rights, without the prior written authorization of their owner.

 

All materials used by Historeat are used legitimately, either because it is the owner of these, because it has the corresponding authorizations and/or because it is authorized to do so according to the applicable law.

 

  • Copyright. The User expressly acknowledges and accepts that the source code (formulas, circuits, routines, procedures and tools), the Platform, the Software and the App, are exclusive property of Historeat and are protected by the Federal Copyright Law (and other similar laws in the rest of the world), so the User may not copy or use them for other matters than those established in these Terms of Use, in accordance with the purpose for which they were designed, so it is strictly prohibited to modify, translate, adapt, reorder, fix or decompile them to reverse engineering them. Likewise, under no circumstances will it be understood or interpreted that according to these Terms of Use the ownership of the source code and/or the Platform and/or the App is transmitted, given or assigned.

 

The User will refrain from deleting, altering, hiding or modifying any sign or mark of copyright and/or notice of intellectual property rights that appears in the App.

 

  • Notices

 

All notices that the Parties make in relation to these Terms of Use must be via email to the address the User has registered with in their User Account and for Historeat to the following email: support@historeat.app; within the deadlines and in accordance with the conditions and characteristics established in these Terms of Use, depending on the particular case.

 

  • Modifications and updates to the Terms of Use
     

  • Terms of Use. Historeat reserves the right and absolute power to make, at any time and without prior notice, the modifications it deems appropriate to these Terms of Use. It is the absolute responsibility of the User to periodically review the Terms of Use. The use of the Platform implies the acceptance of these Terms of Use, in their current version, as well as its modifications, which will be notified and will always be available.

 

The User who does not agree with the Terms of Use and/or its modifications, must delete his/her User Account and refrain from using the Services of the Platform. If You continue using the Services of the Platform, it will be understood that You accept such modifications in a complete and irrefutable way.

 

  • Software, Site and/or the App. Historeat is the sole owner of the domain of the Site, the Platform and its App, so it reserves the right to make, at any time and without prior notice, the modifications, updates or eliminate content and/or Services, as well as to the configuration, design and/or form. Likewise, Historeat reserves the absolute right to make the modifications it deems appropriate to the source code.

 

  • Non-compliance

 

In the event that the User violates or breaches any of the provisions of these Terms of Use and other applicable legal provisions and/or violates the rights of third parties, Historeat may adopt any of the following measures (one or more of them): (i) delete or block your User Account; (ii) revoke the Software License; (iii) deny You access to the Platform and its App, (iv) provide your data to the competent authorities; (v) temporarily and/or permanently suspend access to the App; and, (vi) inform the competent authorities.

 

The referred measures will also apply when: (i) the User has provided inaccurate, fraudulent, obsolete or incomplete information during the registration process and/or later; (ii) the User lied when providing the information during the registration process and/or during the use of the Services of the App; (iii) is to prevent fraud, breach of trust and/or other activities that may be considered as unlawful, illegal and/or crimes; and, (iv) Historeat considers, under the principle of good faith, that the use of the measures is reasonable to protect the personal safety and/or assets of Historeat and its directors, employees, officials, other Users and third parties.

 

Likewise, the referred measures may be used by Historeat to comply with the applicable legislation, a judicial order or public force requirement, as well as the requirement of any competent authority of any government agency.

 

The User shall hold harmless, and, where appropriate, to indemnify Historeat, its subsidiaries, directors, officers, shareholders, employees, representatives, suppliers and consultants, regardless of whether or not there is a claim from third parties, against and from any and all damages and/or losses claims arising from or in connection with: (i) the breach of any of the obligations established in the Terms of Use (breach of contract); (ii) violations of intellectual and industrial property rights, and; (iii) lack of veracity of the information provided to Historeat by any means.

 

Historeat is not and will not be responsible for violations caused by the User regarding the use of the App or any of the Services in an inappropriate way or contrary to these Terms of Use. In the event that the User fails to comply with any of his/her obligations, Historeat may exercise the actions that may proceed against the User, in accordance with the provisions of these Terms of Use, as well as the applicable legal provisions.

  • Information management and privacy policy

 

In Historeat we take personal information and data protection very seriously, reason why our Privacy Notice explains the way we collect and use them.

 

  • Security

 

Historeat will always try to ensure the security of its Software, App, Services and mainly of its Users, however, Historeat does not offer any type of guarantee, so it is not responsible in the event of any breach, hack or similar act, in which case, Historeat may carry out internal investigations, without being obliged to them, and if it is the case, submit the corresponding complaints to the competent authorities, which does not imply in any way and under any circumstances that Historeat is responsible for these eventualities, so the User releases Historeat in this act of all responsibilities.

  • Electronic Procurement

 

These Terms of Use are subscribed and accepted by the User under the e-procurement modality, recognized in articles 89 (eighty-nine) and subsequent of the Commercial Code, as well as by article 1803 (one thousand eight hundred and three), 1805 (one thousand eight hundred and five) and other applicable from the Federal Civil Code.

 

Therefore, the User accepts and acknowledges that the electronic version of these Terms of Use is the equivalent of an original document. Likewise, the electronic acceptance of these Terms of Use by the User constitutes his/her express and written consent.

  • Questions, comments and suggestions

 

The User may contact Historeat for any question, comment and/or suggestion related to the Services offered and provided by the Platform and the App, the information and documentation contained, as well as these Terms of Use, through different channels created for these purposes, that we will announce from time to time. For complaints, questions, comments and suggestions please send us an email to support@historeat.app

 

  • Applicable law, jurisdiction and competence

 

The User expressly accepts that any controversy arising from these Terms of Use and the use of the App, the Platform and the Services will be resolved by the competent Courts of the City of Guadalajara, Jalisco, waiving any other forum that, by reason of address (present or future), territory or amount, could correspond. Likewise, the User accepts that the laws of Mexico will govern these Terms of Use.

 

  • General Provisions
     

    • Headlines. The headlines or titles appearing at the beginning of each section have only been inserted for reference purposes and in order to facilitate the reading and handling of this document, and cannot be considered, at any time, as a means of interpretation of the Terms of Use.
       

    • Assignment or Transfer. Users may not assign or transfer to third parties the rights and obligations acquired under this agreement without the prior written consent of Historeat. However, Historeat may assign or transfer its rights and obligations to any person or company, for any cause or reason, at any time, without the need of previous notice to the User, at its sole discretion.
       

    • Total Agreement. These Terms of Use, the Privacy Policy, as well as all of the amendments and additions made to such documents, published or communicated through any means, constitute the entire agreement between the User and Historeat.
       

    • Binding Agreement and Acceptance. These Terms of Use constitute a binding agreement between the User and Historeat, so if You do not accept them in full, You must refrain from entering or using the Platform, the App and the Services, since the simple entry, registration and/or use of the Platform and/or the App or Services is considered as an express acceptance of the Terms of Use.
       

    • Interpretation. The interpretation and execution of these Terms of Use is based on the good faith of the Parties. These Terms of Use govern the relationship between You and Historeat and everything that is not expressly agreed will be governed by the laws of Mexico.

 

Additional conditions may apply to certain Services, such as policies for a particular event, activity or promotion, and those conditions will be duly informed to the User in a timely manner. The supplementary conditions will be considered part of these Terms of Use and in case of conflict between the supplementary conditions and any provision of these Terms of Use, the supplementary conditions will prevail in that particular case.

 

Any mention of a legislation shall be understood including its reforms or additions.

 

  • Legal nature. These Terms of Use are binding for both parties and regulate the contractual relationship between You and Historeat in its e-commerce modality.
     

  • Annulment and invalidation. If any of the provisions of these Terms of Use is declared void, null, invalid or unenforceable by the corresponding authority, such nullity, invalidity or unenforceable shall not affect the validity of other provisions and the Terms of Use will remain in force between the Parties.
     

  • Waiver of rights. Historeat may decide not to implement or enforce a particular provision or right granted by these Terms of Use, which shall not mean that Historeat waives its right to do so later, to the limited allowed by the applicable laws.