Terms of Service

History Capture Terms of Service
Last updated: October 14, 2025
Effective date: October 14, 2025

  1. Acceptance of Terms
  • By accessing or using the History Capture website, web trial, or paid services (the Services), you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use the Services.

2. Definitions

  • History Capture, we, us, or our means the provider of the Services.
  • User, you, or your means any person who accesses or uses the Services.
  • User Content means photos, images, scans, text, metadata, and other content you upload or submit to the Services.

3. Eligibility

  • You must be at least 18 years old or have the consent of a parent or legal guardian.
  • You represent that you have the legal capacity to enter into these Terms.

4. Accounts and Security

  • You are responsible for the accuracy of information you provide and for keeping your credentials secure.
  • You are responsible for all activity that occurs under your account.

5. Ownership and License to History Capture

  • Ownership. You retain ownership of your User Content.
  • License to operate and improve the Services. You grant History Capture a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, modify, adapt, crop, enhance, create derivative works from, transmit, display, and otherwise use your User Content in order to operate, provide, secure, and improve the Services. This includes quality assurance, troubleshooting, analytics, content moderation, training and improving algorithms and models, and developing new features.
  • Opt out marketing use. Unless you opt out, you grant History Capture permission to use your User Content in public marketing or promotional materials, including on our website, social media, and sample galleries. You can opt out at any time by using any opt out control we provide at upload or by emailing [email protected]. Opting out stops new public uses. It does not require us to remove materials already created or distributed.
  • Minors in images. We will not use images that depict identifiable minors in public marketing without consent from a parent or legal guardian.
  • Service providers. You authorize us to allow trusted vendors and subcontractors to process User Content only to help deliver the Services under confidentiality and security obligations.

6. Your Responsibilities and Warranties

  • You have all rights, licenses, and permissions needed for the User Content you submit, including consent from identifiable individuals where required and, when applicable, parental consent for minors.
  • You will not upload content that violates law or the rights of others, including copyrights, privacy, or publicity rights.
  • You agree to follow our instructions and any posted guidelines for using the Services.

7. Acceptable Use and Prohibited Content

  • Do not upload illegal content, exploitative or abusive content, nudity involving minors, sexually explicit imagery, highly graphic violence, or content that promotes hate or harassment.
  • Do not attempt to bypass safety systems, probe or disrupt the Services, or use the Services to distribute malware or spam.

8. Safety Filters and Trial Limitations

  • The web based trial uses automated safety filters and may decline certain images. If an upload is blocked, you may try again with a different image. These automated filters are specific to the web trial and do not apply to paid scanning services that are handled by trained staff.

9. Payment, Taxes, Refunds, and Returns

  • Fees and any applicable taxes are shown at checkout. Unless we state otherwise, fees are nonrefundable once processing begins.
  • Our detailed Refunds and Returns policy appears on our store policy pages. If there is a conflict, these Terms control unless your local law requires otherwise.

10. Storage, Retention, and Deletion

  • For the web trial, we typically store uploads and results for a limited period in order to deliver results, ensure quality, and maintain system integrity, then we may delete or de identify them.
  • For paid services, we may retain files for the time needed to complete your order and provide customer support.
  • You may request deletion by contacting [email protected]. Residual copies may remain in backups for a limited time.

11. Privacy

  • Our collection and use of personal data is described in our Privacy Policy. By using the Services, you consent to our data practices as described there. Nothing in these Terms limits your rights under applicable Colorado or United States privacy laws.

12. Intellectual Property of History Capture

  • The Services, including software, templates, designs, text, and graphics, are owned by History Capture or its licensors and are protected by intellectual property laws. Except for the license you grant in Section 5, these Terms do not transfer ownership of your User Content or our intellectual property.

13. Third Party Services

  • The Services may link to or rely on third party services or platforms. We are not responsible for third party services and your use of them may be subject to their terms and policies.

14. Feedback

  • If you provide feedback or suggestions, you grant us a perpetual, worldwide, royalty-free license to use that feedback without restriction and without obligation to you.

15. Disclaimers

  • The Services are provided as is and as available. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non infringement. We do not guarantee that outputs will meet your expectations or be error free or uninterrupted.

16. Limitation of Liability

  • To the maximum extent permitted by law, History Capture and its affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, or goodwill.
  • Our total liability for any claim arising out of or relating to the Services will not exceed the greater of 100 dollars or the amount you paid to us for the Service giving rise to the claim during the 3 months before the event giving rise to the claim.

17. Indemnification

  • You agree to indemnify and hold harmless History Capture and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys fees, arising out of or related to your User Content, your use of the Services, or your violation of these Terms or applicable law.

18. Termination and Suspension

  • We may suspend or terminate your access to the Services at any time, including for suspected misuse or violations of these Terms. You may stop using the Services at any time. Sections that by their nature should survive termination will survive.

19. Changes to the Services and Terms

  • We may modify the Services or these Terms. If we make material changes, we will provide notice by posting the updated Terms and updating the date above. Your continued use after changes become effective means you accept the changes.

20. Governing Law and Venue

  • These Terms are governed by the laws of the State of Colorado without regard to conflict of law rules. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Denver County, Colorado. Nothing here prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

21. Export and Sanctions Compliance

  • You must comply with all applicable export control and sanctions laws. You may not use the Services if you are located in, or are a resident of, a jurisdiction embargoed by the United States or if you are on a U.S. government restricted list.

22. Electronic Communications and Notices

  • You consent to receive communications from us electronically. You agree that all terms and notices provided electronically satisfy any legal requirements for written communications.

23. Assignment

  • You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

24. Severability, Waiver, Entire Agreement

  • If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy and any order terms, are the entire agreement between you and History Capture regarding the Services. Nothing in these Terms is intended to limit any non waivable consumer rights under Colorado or United States law.

25. Contact

Secret Link