Terms & Conditions app

The mobile application (“App”), which can only be used by a person in possession of valid login credentials (“User”), is made available by Wyblo represented by Kevin Giorgis, born in Cuneo (Italy) on 31/01/1997, fiscal code: GRGKVN97A31D205D, address: Via Salvo d’Acquisto, 6, 12011, Borgo San Dalmazzo (Italy). The User expressly accepts the present General Terms & Conditions of use of the App (“General Conditions”). In the event that the User does not intend to accept these General Conditions, he is obliged to immediately uninstall the App and to discontinue any use thereof. These General Conditions must be read together with the Privacy Policy on the App and on the Wyblo website at https://wyblo.com/privacy-policy-app. It is understood that Wyblo processes data in accordance to Art. 28 of GDPR. Wyblo will not process the data of the User as an independent data controller and therefore all the information related to the processing of personal data and the related obligations imposed by the GDPR remain with the employer.

1. App and general conditions of use

1.1 Depending on the version of the App downloaded, these General Conditions refer, as far as they are not expressly regulated, the terms and conditions of use and the privacy policy of Apple or Google Android (these General Conditions and the terms and conditions of use and privacy policies of Apple or Google Android together hereinafter referred to as “General Conditions of the Platform”). In case of conflict between these General Conditions and the terms and conditions of use of Apple or Google Android, these General Conditions will prevail.

1.2 Wyblo reserves the right to modify, at any time, these General Conditions. The User must regularly check these General Conditions to make sure they are aware of any changes made. In case the User continues to use the App, it is assumed that the User has accepted these changes. In the event that the User does not intend to accept such changes, the User will be obliged to immediately stop using the App.

2. Use of the App and User Obligations

2.1 Wyblo grants to the User a non-exclusive, non-transferable and revocable license, and without the possibility of sublicensing, to use the App within the project of the company that provided it with login credentials and for the period of validity of such login credentials; only on an Apple or Android device (“Device”) as permitted by the General Conditions of the Platform and in accordance with these General Conditions (“User License”). All other rights on the App are reserved for Wyblo.

2.2 The use of the App by the User is free and no cost is charged by Wyblo to the User. The App is a tool to assess the students’ intrinsic motivational drivers providing continuous feedback and content to improve the experience of learning and teaching.

2.3 The User cannot (i) make copies of the App; (ii) sell, transfer, distribute, lease, market, transfer or grant rights of any kind to the App in whole or in part to any third party (iii) remove, alter or modify any of the images, symbols, trademarks or what appears or is displayed by the App and / or in the use of the App; (iv) decompile, disassemble, modify, perform reverse engineering or similar activities related to the App or otherwise obtain or try to obtain the source code of the App and / or other codes.

2.4 Furthermore, the User is expressly forbidden to: • Use the contents and materials present in the App outside the normal use of the same App as, by way of example, but not exhaustive, the storage, reproduction, reprocessing, distribution or distribution through any technological platform or telematic network; • Damage the App in any way or in any case in such a way as to interrupt the services offered by Wyblo; • Use the App for illegal, deceptive, discriminatory or otherwise defamatory, obscene or offensive purposes of any other person; or such as to promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; • Use the App in such a way as to support or promote illegal acts such as, but not limited to, copyright infringement or improper use of the computer; • Take actions that can prevent, overburden, compromise or disturb the correct functioning of the App; • Share their login credentials, or allow others to access their account or perform any other actions that may endanger their account security and the App’s proper functions.

2.5 Without prejudice to any right and action of Wyblo, in the event that the User uses the App in a fraudulent manner, not in compliance with applicable laws and / or these General Conditions and in any way to cause any prejudice to Wyblo, Wyblo reserves the right to immediately terminate the User License and to discontinue the possibility for the User to continue using the App.

2.6 The User acknowledges that his agreement with his mobile network operator (“Mobile Network Manager”) will apply to the use of the App by the User. The User also acknowledges that the costs of data transmission services may be charged by the Mobile Network Operator when using certain features of the App or that it may receive any charges from third parties that may arise and accept the responsibility for such charges. If the User is not responsible for billing for the Device used to access the App, it is assumed that the User has received permission from the relevant billing manager to use the App.

2.7 The User acknowledges that when using the services provided by Apple or Google (or any other third party) in connection with the use of the App, it will be subject to the terms and conditions and to the privacy policy of Apple, Google (or applicable third parties) and the User undertakes to know and respect the related terms, conditions and policies.

3. Intellectual Property

3.1 The Wyblo name and logo and other Wyblo trademarks, logos, graphics and logos used in connection with the App, whether or not they are registered trademarks, are owned by Wyblo (collectively referred to as the “Wyblo Trademarks”). Other trademarks, distinctive marks, graphics and logos of third parties used in connection with the App are trademarks of their respective owners (collectively referred to as “Third Party Trademarks”). Wyblo Marks and Third-Party Trademarks may not be copied, imitated or used in whole or in part without the prior written consent of Wyblo or the trademark holder in question. The App and the content contained in the App are protected by copyright, trademarks, patents and other intellectual property rights reserved to Wyblo and its licensors.

4. Compensation

4.1 The User agrees to hold Wyblo harmless for any damage, burden or cost incurred by Wyblo due to the violation of these General Conditions. Wyblo reserves the right to assume the defense and to arrive at the regulation of any third-party claims for which, in any case, the User must hold Wyblo unharmed pursuant to these General Conditions and assist Wyblo in exercising this right.

5. Warranty

5.1 Wyblo provides the App “as is” and “as available” without any warranty, express or implied, including, but not limited to, any warranty of operation and / or fitness for a particular purpose. In particular, Wyblo does not warrant or make any representations regarding the validity, accuracy, reliability or availability of the App or its content.

5.2 To the maximum extent permitted by applicable law, Wyblo excludes, with these General Conditions, all warranties, both explicit and implicit, including guarantees that the App is suitable for the purpose, of satisfactory quality, that does not violate any legal provision, that is free of defects, able to operate without interruptions, delays or imperfections, that the use of the App by the User is compliant with the laws or that any information that the User transmits in relation to this App will be successful and be transmitted accurately or securely.

6. Exclusion of the responsibility of Wyblo

6.1 Nothing in these General Conditions may exclude or in any way limit the liability of Wyblo for death or personal injury caused by its negligence or for fraud or other liability to the extent that this cannot be excluded or limited by law. To the maximum extent permitted by applicable law, in no case will Wyblo be liable towards the User for the use of the App and / or be liable towards the User for any direct, indirect, special or consequential damages included, by way of example, damage due to loss of goodwill, loss of profits or loss, theft or damage to information, inability to use the App, failure or malfunction of the Device.

6.2 The User acknowledges and agrees that Wyblo is not responsible for the failure and / or incorrect functioning of the App, nor for the loss or modification of data and / or information occurring in the use of the App and / or in relation to use of the App.

6.3 Wyblo will not be held responsible for any incompatibility of the App with any device or any problems or impossibility to proceed with the download of the App.

6.4 Wyblo will not be liable, even if it has been advised of the possibility of such damages, for damages caused, by way of example, by error, omission, interruption, defect, malfunction, unauthorized use, delayed operation or transmission, failure of the line, computer virus, worms, Trojan horses or other damages.

6.5 In the event that the applicable law does not allow the exclusion of certain guarantees and/ or the exclusion of liability for direct, indirect, consequential or other damages, in no case will the responsibility of Wyblo arising from or in connection with these General Conditions and / or use of the App by the User may exceed the sum of € 50.00.

7. General

7.1 These General Conditions are drafted under the laws of Italy and the parties submit to the exclusive jurisdiction of the Italian Courts to resolve any disputes between them arising out of or in connection with these General Conditions.

7.2 If any provision (or part of a provision) of these General Conditions is held to be invalid, unenforceable or unlawful by any judicial or administrative authority of the competent jurisdiction, such term, condition or provision will be excluded from the remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law.

           Last update

15/04.2021

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