This AI functionality is powered by advanced third-party language models, such as Google's Gemini. The Patient's use of this functionality is therefore subject to the limitations and warnings imposed by these providers. Specifically, the Patient accepts and acknowledges the warnings from these providers, which state that their AI services should not be used to obtain medical, legal, financial, or other professional advice, and that any content on such topics is provided for informational purposes only. Gemedata will not be liable for any damages or losses arising from the Patient's reliance on or use of information generated by this functionality.
7. Patient Content and Data
The Patient is the rightful owner of their medical and dental record data stored in Histora. They have the right to access their dental record information available on the platform at any time, as well as to download copies of this information in an appropriate format (e.g., reports or documents uploaded by their dentist). Histora provides the Patient with transparency regarding what data is on the platform and who uploaded it.
The platform is designed to give you control over who can see your data or RCD:
- Initially, only your primary dentist/clinic (the one who registered you in Histora) will have access to your data. If you visit another professional or clinic (for example, a specialist or a clinic in another country), you can authorize that new clinic to access your profile.
- The patient may revoke access to their record at any time for any of the professionals or clinics they previously authorized. This revocation will prevent that professional from continuing to view their data in their medical history.
If you notice that any of your information on the platform is inaccurate or incomplete (for example, a mistake in your name or an incorrect medical record), you have the right to request its correction. In many cases, the healthcare professional can correct the information directly in your History (if it's clinical data). For basic personal information (such as your registration details), you can edit it in your profile or contact Gemedata support.
In addition, the patient may request the deletion of their account and medical history data at any time. Please note that, by regulation, your clinic may be required to maintain certain records of your dental care outside of your medical history.
8. Patient Obligations
By using the Services, the Patient agrees to comply with all applicable laws and regulations and to use the Platform responsibly and ethically. The Patient agrees not to perform, or permit any third party to perform, any of the following actions:
- Using the services for any illegal, fraudulent, or unauthorized purpose.
- Uploading, posting, or transmitting any material that contains software viruses, worms, Trojan horses, or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment.
- Attempting to gain unauthorized access to other users' accounts, computer systems, or networks connected to the services through hacking, password mining, or any other means.
- To reverse engineer, decompile, disassemble or attempt to discover the source code, underlying ideas or algorithms of the Platform or any part of the services.
- Using the Platform in any way that may damage, disable, overburden, or impair Gemedata's or its suppliers' servers or networks.
- Uploading or transmitting defamatory, libelous, obscene, pornographic, threatening, hate-inciting or otherwise objectionable content or content that violates the rights of third parties.
- Infringing the intellectual property rights of Gemedata or any third party.
Failure to comply with these conduct obligations may result in the immediate suspension or termination of your account, at Gemedata's discretion.
9. Disclaimer of warranties and limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GEMEDATA AND ITS THIRD-PARTY SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Histora is designed to be available 24/7. However, we do not guarantee uninterrupted availability. We may need to temporarily suspend access for maintenance, updates, or for reasons beyond our control (e.g., internet outages, issues with our cloud provider's servers, power outages, etc.). We will attempt to notify you in advance of scheduled maintenance, but in emergencies, this may not be possible. Gemedata will not be liable for the inability to use Histora during these periods of downtime.
Furthermore, we do not guarantee that the Platform is error-free or that it will meet all of the Patient's medical needs, but we are committed to diligently correcting any serious faults that are reported to us.
Without limiting the generality of the foregoing, the Patient specifically acknowledges and agrees that Gemedata is not responsible for:
- The acts, omissions, advice, diagnoses or treatments of any Professional who uses the Platform.
- The accuracy, integrity or reliability of any Patient content uploaded to the Platform by the Patient or by a Professional.
- Any dispute, disagreement or conflict between the Patient and any of their Professionals.
- Any unauthorized access to or use of your account that is not directly attributable to gross negligence on the part of Gemedata.
Gemedata will not be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is due to force majeure events beyond its reasonable control, such as natural disasters, widespread power outages, labor disputes, government actions, failures of public telecommunications networks, denial-of-service attacks or other global cyberattacks, pandemics, wars, or civil unrest. In the event of a force majeure event, Gemedata will make every effort to restore service as soon as reasonably possible. If the force majeure event continues for more than 30 consecutive days, preventing the use of Histora, either the Patient or Gemedata may terminate the contractual relationship (and, consequently, the Patient's account), without incurring any liability for either party.
10. Data protection
To provide you with Histora services, Gemedata acts as the data processor for your personal data on behalf of the clinics that use our Histora system, in accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. If you would like more information about your personal data, please contact the dental clinic that processes your personal data through Histora.
However, Gemedata will be responsible for data processing if the Patient freely, specifically and voluntarily decides to share their personal data with other clinics to receive treatment, in accordance with our Privacy Policy.
11. Suspension and termination of the account
The Patient may stop using Historia at any time. If you wish to permanently close your Patient account and have your data deleted from the platform, you can do so through the platform itself.
Gemedata reserves the right to temporarily suspend your access or deactivate your Patient account in the following cases:
- Failure by the Patient to comply with these Terms and Conditions, for example, misuse of the platform or serious violation of privacy or security rules. Where possible, Gemedata will notify you of the breach so you can remedy it within a reasonable period (generally 10 business days) before proceeding with suspension or closure.
- However, if the breach is particularly serious or creates an imminent risk (for example, deliberate leakage of third-party data), Gemedata may immediately suspend or block access as a protective measure.
If the Patient does not access their Patient account for a continuous period of 12 months, Gemedata may mark their account as "inactive" and even proceed to delete it.
In the unlikely event that Gemedata decides to discontinue the Histora platform in the future (for business or other reasons), it will notify users at least 60 days in advance. During this period, patients will be able to download their data. After the effective closure date, their account will be deactivated, and the data will be permanently deleted or anonymized.
Once your account has been deactivated, you will lose access to your Patient History. Gemedata will also notify your linked clinics/professionals that your account has been closed so they can take appropriate action in their systems (e.g., managing an offline record if necessary). No account termination will affect any rights or responsibilities previously acquired by the Patient or Gemedata.
12. Intellectual Property
Except for Patient Content, the Patient acknowledges and agrees that Gemedata (and/or its licensors) is the exclusive owner of all rights, title, and interest in and to the Histora Platform and the services it provides. This includes, without limitation, software, source and object code, documentation, user interfaces, visual design, logos, trademarks (including "Histora" and "Gemedata"), trade secrets, and any other materials and content provided by Gemedata. This Agreement does not transfer any ownership rights in the Platform to the Patient, but only a limited and revocable right of use.
Subject to your compliance with these Terms, Gemedata grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access and use the Services for your personal and non-commercial purposes, as contemplated in these T&Cs.
If the Patient decides to send any type of feedback to Gemedata, they hereby grant us a perpetual, irrevocable, worldwide, royalty-free and fully paid license to use, copy, modify, create derivative works, distribute and otherwise exploit such feedback for any purpose, without any obligation, attribution or compensation to the Patient.
13. Various
For any questions about the platform, to report technical problems, to exercise rights, or for any communication related to these Terms and Conditions, you can contact Gemedata through the following means:
- Email: info@gemedata.com
- Mailing Address: Gemedata Inc. – Legal/Privacy Dept., 2646 S. Governors Ave #26461, Dover, DE 19904, USA.
If any provision of these Terms and Conditions is deemed illegal, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from the remainder of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. The invalid portion shall be replaced, to the extent possible, by a provision that reflects the original intent as closely as permitted by law.
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between the Patient and Gemedata regarding the Patient's use of the platform and supersede any prior agreements or communications in this regard. No waiver of any provision of these Terms and Conditions shall be deemed effective unless in writing and signed by the relevant party.
Unless otherwise required by mandatory local law, the interpretation and enforcement of these Terms and Conditions shall be governed by the laws of Spain. In the event of any dispute arising from the use of Histora or these Terms and Conditions, and if an amicable resolution cannot be reached within a reasonable period, the dispute shall be subject to the jurisdiction of the competent courts corresponding to the consumer's domicile or applicable in accordance with consumer protection regulations.
By clicking "Accept", or by using the Historia platform in any way, the Patient indicates that they understand and accept these Terms and Conditions in full.