HITHERTO.ME APPLICATION (HITHERTO.ME)
 End User (Consumer) Terms n Conditions & License Agreement


A.	General Terms & Definitions
1.	HITHERTO.ME provides the HITHERTO.ME website and mobile applications (“Apps”) for use by the professional suppliers (providers) of the travel industry (of the travel industry and mainly hoteliers, accommodation providers, travel designers, tour operators and travel agents) as well as by travelers – consumers, for the purposes of providing and / or archiving travel related information, notifications, live messaging, communication, content sharing (collectively “Services”).
2.	HITHERTO.ME provides access to the Services and the App, subject to your acceptance of all of the following Terms and Conditions (“Terms”), which constitute a binding legal agreement between you and HITHERTO.ME. By accessing, downloading, copying, and/or using HITHERTO.ME App and the Services, you agree to be bound by these Terms.
3.	HITHERTO.ME, as a platform, industrial and intellectual property asset and a trademark, is owned by a private company named “HITHERTO.ME LLC”, incorporated under the laws of Greece, VAT no 801909360 and registered address at Palaion Patron Germanoy 5, 10561 Athens, Greece
4.	Definitions: 
i.	HITHERTO.ME: the software platform as such, or the private company named “HITHERTO.ME LLC”.
ii.	Provider: any professional supplier of the travel industry (indicatively: hoteliers, accommodation providers, travel designers, tour operators, travel agents) who purchases the license to use the HITHERTO.ME software, in order to offer the services to its customers – travelers.
iii.	Traveler/ end user: any third party consumer that subscribes to the HITHERTO.ME platform in order to have access to the aforementioned services offered by the providers and generally interact with the platform
iv.	Services: all services offered via the HITHERTO.ME platform which are related to the trip, such as relevant information, notifications, live messaging, communication, documentation, suggestions
v.	Agreement: The present terms & conditions and any other service level specific ones, even if not explicitly included herein, in written form, which regulate the relationship between the Provider/ Customer and HITHERTO.ME.
5.	HITHERTO.ME is a software platform that consists of a web application and a collaborating mobile application for smart phones (Android & iOS).  The web application is accessible to the Providers and to the Customers on the internet and the world wide web, at the domain name https://www.hitherto.me/  . Respective mobile applications may by installed to the smart devices, depending the operating system, from the appropriate application store / repository (App store / Google Play).

B.	Access to the Platform, Fees & Payment Terms
1.	Access & Activation of Service
i.	End users - travelers are required to create an account in HITHERTO.ME by entering an email account, a username and a password. Login credentials are generated by the traveler and are strictly personal. In terms of legal entities, the Provider is solely responsible to designate an appropriately authorized person to undertake and conclude the registration and account creation procedure.
ii.	Each traveler may register one account. HITHERTO.ME as a traveler service is person - centric, in terms of not allowing the same person to register multiple accounts.
iii.	HITHERTO.ME is not responsible for the safe keeping of such above credentials. HITHERTO.ME offers standard tools of automatic account / credential recovery in case of login and authorization issues, as per standard technical standards and practices. The account / profile is created upon a successful two factor authentication process.
2.	Pricing – Payment Terms
i.	HITHERTO.ME is provided without any fees or charges for the travelers. Full operation and feature activation of the platform is not based on in-app purchases or other hidden charges.
ii.	HITHERTO.ME platform does not contain advertisements, neither aggregates content or user in-app interactions for advertising purposes.
iii.	Therefore, HITHERTO.ME does not save nor it will ask to save the data of the traveler’s credit or debit card, either through the traveler’s  profile - account, or through telephone communication, or through email, or through any other service over the Internet. The traveler is obliged to be aware of the above and protect own self from any action of any third party that might / could fake the ID of HITHERTO.ME and through any method, automated or non-automated, of active or passive activation of any software (malware included) to attempt access to security data of credit or debit cards or security passwords of the traveler.
3.	License to use the HITHERTO.ME Platform
i.	The traveler is granted with a fully operational license to use the HITHERTO.ME consumer / end-user platform and application. All existing features of the current version of the application are available to the traveler without a duration term or other limitation.
ii.	The license to use the software is perpetual (indefinite duration), without any geographical limitation, for one user – traveler, assigned to the user account – profile of the mobile device.
iii.	As long as the traveler remains a user of the platform and the application, irrespective the quantity of use, the license is effective. 
iv.	License termination takes place upon deletion of the profile of the traveler, by the user. HITHERTO.ME shall not terminate a license agreement nor deactivate o user profile, unless the present Agreement is breached by the traveler.
4.	HITHERTO.ME shall not offer services based on an add-on (additional purchases) policy. Any new features / updates / upgrades shall be installed to the traveler’s device as per traveler’s software update policies and choices.

C.	HITHERTO.ME Features – Content Management
1.	The traveler has always access to all features of the HITHERTO.ME platform and application.
2.	Upon successful creation of the account / profile and payment confirmation, the traveler is entitled to fully utilize the services and platform of HITHERTO.ME. Such features, may include indicatively and not limited to, the following modules – features:
i.	Trip Itinerary, Trip History, Detailed Itinerary, Connection With Other Apps, Optional Events (With Book Now), Events/Activities, Locations, Photo Album/Social, Notifications/Alerts, Messaging, Documents, Useful Info, Notes, E Bag, Μy Enterprise, Off Line Functionality
3.	HITHERTO.ME is entitled to amend, upgrade and alter the above services, by applying updates to the software and platform, on real time. Further analysis of the features and services, user manuals and instructions, are not part of the present Agreement and are available online at https://www.hitherto.me/ .
4.	Each Provider may deliver content to the traveler via the HITHERTO.ME platform, under the sole requirement that the traveler has downloaded and installed the HITHERTO.ME application at own smart device. Same content is available to the end user via the web based version of the HITHERTO.ME platform as well.
5.	The targeted content is itinerary related and the Provider is solely responsible and liable for the content pushed to end users dashboards. 
6.	Interaction with social media platforms and other third party platforms (maps, images, video repositories etc) is subject to third party terms and conditions which should be taken into account by the traveler. HITHERTO.ME is not responsible for such interactions neither controls the content and the interconnected content pushed to the end users by the Providers.
7.	Interoperability of the Provider account and the end user account is facilitated through the uniqueness of the registered email address of the end user before HITHERTO.ME platform and the provider. The email address operates as the ID of the end user and content is pushed – uploaded to the end user profile by the Provider via the email matching.
8.	Content generated by travelers, such as documents, notes, images, etc remains solely stored to the smart device of the traveler. Such end user generated content does not sync with the account nor with cloud storage services. End users may backup and restore such content via the relevant function of the software / application. 
9.	End-users may backup and restore Provider’s pushed itinerary related content as well. Such content, may be synced online as well, for as long as the Provider remains a HITHERTO.ME user. Amendment to the Provider’s subscription package or termination / non renewal of the HITHERTO.ME Provider’s license, is out of  shall not affect the downloaded / pushed content to the device of the end-user. Would the traveler choose not to backup the content, such content may be permanently abolished, at the case that the Provider is no longer a HITHERTO.ME user, or has amended own HITHERTO.ME service plan or HITHERTO.ME ceases to offer its services.
10.	HITHERTO.ME application shall render locally the downloaded content without any limitations regarding volume of data or time limitations. The data storage limits for the end users are based on the data storage capacity of their devices.

D.	Intellectual & Industrial Property – Content Ownership 
1.	Logos and trademarks that are posted on HITHERTO.ME platform constitute Industrial and Intellectual Property of their respective owners. Content uploaded by the Provider might include third party trademarks as well. For such purpose the Provider is solely responsible and liable to have explicitly the right to utilize such content via the HITHERTO.ME platform and other related services.
2.	HITHERTO.ME is the proprietor of every right of intellectual and industrial property concerning the platform, indicatively but not limited to the name and the logo of the platform "HITHERTO.ME", the logo illustrating the name, the particular method of making interacting with the platform regarding the Services and the Works, etc./ The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the platform, including without limitation, the "look and feel" of the web platform and the application, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of HITHERTO.ME or its licensors. The copying, rearrangement, redistribution, modification, use or publication by the Provider or the end-user, directly or indirectly, of any such content, except for the limited rights of use granted hereunder, is strictly prohibited.
3.	The Provider is the sole owner and proprietor of the content uploaded and pushed to the end-user profile – dashboard, unless such content is exclusively property of third parties who have allowed and licensed such usage. The end-user is granted with a permanent license to archive store and use such content, only within the scope of operating the HITHERTO.ME platform and smart application. Such content may not be copied, altered, amended, and generally processed nor used for other purposes that the above strictly and not indicatively mentioned.
4.	User generated content is sole property of the user that has created it, under the assumption that the device – user owner / possessor is the content creator as well. At any case, HITHERTO.ME and the Providers do not have access to user generated content, restriction which is technically safeguarded be design of the HITHERTO.ME platform.
5.	User generated content should be treated as any other user generated content with the device that it is being stored. It may backed up and restored via the HITHERTO.ME relevant function. Change of device, does not amend the ownership of the user generated content. Direct access to the content via file browsers of the end-user’s device might be possible, without any effect on the ownership as well. User generated content may be tagged and organized via metadata within the HITHERTO.ME software structure. There is no applicable ownership to such metadata.
  
E.	Confidentiality
1.	HITHERTO.ME, its employees and subcontractors only have access to the login credentials of both the providers and travelers.
2.	HITHERTO.ME’s employees and subcontractors are bound under Non-Disclosure Agreements (“NDA”) that prevent them from disclosing in whatever form or medium the content that they have access to during the provision of the Services as contractual partners of HITHERTO.ME.
3.	HITHERTO.ME may process information to provide the Services to the Providers as well as to the travelers, either directly or through previously authorized third parties, as well as to improve HITHERTO.ME’s products and services and machine learning technology.

F.	Personal Data – Data Processing Agreement
1.	For the purposes of the present Agreement, the Provider as a data controller and HITHERTO.ME is defined as a data processor, according to the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
2.	HITHERTO.ME, as a data processor, adopts Commission’s Implementing Decision (EU) 2021/915 on standard contractual clauses between controllers and processors under Article 28(7) of Regulation (EU) 2016/679 (model DPA).
3.	End-users are subject to HITHERTO.ME bulk privacy policy [available here] regarding the mere usage level of the platform and application. The Provider, as a data controller is obliged to offer own Privacy Policy and relevant terms, which may be uploaded to the special section of the platform / application. HITHERTO.ME privacy policy does not substitute, nor covers neither supersedes the Provider’s Privacy Policy.

G.	Warranties & Representations
1.	Service Level Disclaimer : 
i.	HITHERTO.ME aims to provide a useful, interactive and user-friendly tool to the final traveler by the professional suppliers of the travel industry and mainly hoteliers, accommodation providers, travel designers, tour operators and travel agents.
ii.	HITHERTO.ME is designed to provide information, information retrieval, notifications, live messaging, communication and sharing, documentation, suggestions - before, during and after the “service” provided. The “service” being a start-to-end trip, elements of a trip or an accommodation. HITHERTO.ME, being a white label application, can be presented as a specific tool/ service of the provider.
iii.	Availability warranty and guarantee is 99.9% 7/24/365 uptime by HITHERTO.ME. Such uptime may be limited due to communication / internet connectivity issues that are not related nor affected by HITHERTO.ME and its subcontractors. An internet connection is necessary foe the platform to operate, while the end users may operate the application – software at its last synchronized snapshot, even without an active internet connection.
iv.	Force majeure occurrences, brut force attacks not excluded, may disrupt the service continuity and affect the above uptime guarantee. HITHERTO.ME has considered all technical and organizational measures in order to avoid to the best possible extent implications from such occurrences.
v.	Storage services and subcontractors of HITHERTO.ME are exclusively based within the EU/EEA territories. Storage services facilitate the operation of the platform, store the Provider generated content, while they do not interact neither backup the user-generated content.
vi.	Interaction with third party platforms such as social media, instant messaging services, other services, is usually subject to additional terms and conditions which affect privacy and data protection disclaimers as well. Providers and end-users are highly 
2.	HITHERTO.ME takes all the standard security measures appropriate to protect the safety of the transmission of information to or from the HITHERTO.ME platform to or from the Providers’ and end users’ workstations / devices.
3.	Access to and use of the HITHERTO.ME Platform may be subject to interruptions, disconnections or other anomalies, in particular as a result of malfunctions or overloads, outside of HITHERTO.ME’s control, and the Provider / end - user expressly acknowledges that HITHERTO.ME shall not be liable in respect of potential or actual damages that may, directly or indirectly, result to them, due to the occurrence of such events, namely regarding the delivery and or transmission of any data.
4.	HITHERTO.ME does not warrant or make any representation regarding the use of the Providers and / or user generated content, in terms of their full accuracy, correctness, and reliability regarding their respective purposes. For the avoidance of any doubt, such content does not reflect HITHERTO.ME’s opinions, views or policies.
5.	HITHERTO.ME shall not be liable for any indirect losses or damages, suffered by any Provider and / or end-user, resulting solely from the use of the HITHERTO.ME platform.
6.	Especially for the use of the HITHERTO.ME platform, the Provider and the end – user, undertake the obligation to use its services and browse in it, according to good faith and honest practices, not to violate the general obligation of obeying the etiquette of internet users while interacting with the services provided by HITHERTO.ME, not to attempt to acquire illegal access to the server that hosts HITHERTO.ME or to its level of administration, not to create artificial traffic to the server and, in general, not to act in a way that could result in the platform (HITHERTO.ME) to go offline, end in a DoS status, or decrease its response time, or its browsing speed, or its interaction speed with its database, or to attempt the above, either through the worldwide web (www) or by sending messages of electronic correspondence (emails), either through every technically known way, or even unknown way that could causally achieve or risk to achieve the same result.
7.	In addition to the above, the Provider and the end-user shall not conduct any illegal and/or unauthorized uses of the HITHERTO.ME platform, including but not limited to (i) decompile, disassemble, or reverse engineer the underlying software; (ii) build a similar or competitive product or service to the Services, as well as use tools to probe, scan or attempt to penetrate or benchmark the Services; (iii) sell, rent, lease or use the Services for time sharing purposes; (iv) obtain unauthorized access to the Services, and (v) transmit any data via the Services that contains any malicious software, corrupted files or other similar harmful computer programming routines. Unauthorized framing of or linking to the HITHERTO.ME platform is not allowed.
8.	The Provider and the end-user undertake the obligation to take all measures to protect own self from viruses, malware or other similar applications. Any citation of a hyperlink does not mean nor implies that HITHERTO.ME knows or recognizes or accepts the content of the websites to which the hyperlinks refer.

H.	Applicable Laws - Final Provisions
1.	Browsing this platform and using any information or services it contains, constitutes an unconditional acceptance of the present terms, which are available with no restrictions to all users to read and understand them. 
2.	The present terms are binding to the Providers/ end-users "as they are". Partial acceptance or acceptance with reservation of dispute is ruled out. Refusal of acceptance of the Agreement entails the provider & end-user obligation to abstain from using the HITHERTO.ME platform and not to submit any order to conclude a purchase of services.
3.	In the event of a conflict between this Agreement and a special service level agreement, the terms of these latter shall prevail. If any provision of the Agreement is held invalid, the remainder of the herein terms shall continue in full force and effect.  
4.	The Agreement is governed by the Greek law. Any dispute that shall accrue from the execution of the present Agreement regarding the usage of HITHERTO.ME app and its Services, shall be amicably resolved under a mediation attempt according to the applicable laws. This provision is considered as a “mediation clause”. At the case that the above Alternative Dispute Resolution fails, the Courts of Athens, Greece, shall have the exclusive jurisdiction to rule and resolve the dispute.
5.	HITHERTO.ME reserves the right to amend the present Agreement at any time and in its sole discretion.  HITHERTO.ME will indicate at the bottom of this Agreement the date it was last updated. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the bottom of the revised Agreement). It is provider’s and end-users’ responsibility to regularly check the Service to determine if there have been changes to this Agreement and to review such changes. Continued use of the Service following the posting or effective date of any changes to the Agreement will constitute acceptance of any such changes. If users do not agree to the changes, they must stop using the HITHERTO.ME plarform.
6.	Failure to abide by this Agreement or any other terms or conditions posted anywhere within the HITHERTO.ME platform, may result in suspension or termination of access to the platform, without notice, in addition to HITHERTO.ME’s other remedies.


Version 1.0 | 01.01.2025