This document contains the general terms and conditions on the basis of which users are offered the use of the website www.wibo.app, which offers online quizzes and questionnaires to engage and train the public during training courses, events and meetings, remotely or in person.
1. Definitions
To ensure full understanding and acceptance of these terms and conditions, the following terms, in singular or plural form, shall have the meanings set out below:
Owner: EntertainmentLabs s.r.l., with registered office at Corso Castelfidardo 30/A, 10129, Turin, VAT / Tax Code 12215420014, TO – 1273472, fully paid-up share capital of €1,279.45, PEC address: tommasoseita@pec.it
Application: The website www.wibo.app
Products: The services provided to the User by the Owner
User: Any individual who accesses and uses the Application
Consumer User: An adult natural person who enters into a contract for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity
Non-Consumer User: An adult natural person or legal entity who enters into a contract for purposes related to their entrepreneurial, commercial, artisanal, or professional activity
Conditions: This agreement that governs the relationship between the Owner and Users and the sale or provision of Products offered by the Owner through the Application
2. Detailed Information About the Application’s Offering
The Application provides Users with a tool to create quizzes and questionnaires to share and play in real time or asynchronously with their audience during training courses, events, and meetings, whether remote or in person, making each topic engaging through gamification. The goal of Wibo is to engage participants, increase interaction during the experience, and consequently improve the training and learning outcomes for its audience.
3. Scope of Application of the Conditions
Use of the Application implies the User's acceptance of these Conditions. If the User does not intend to accept the Conditions and/or any other legal note, notice, or policy published or referred to herein, they may not use the Application or its related services.
The Conditions may be modified at any time.
The applicable Conditions are those in effect at the time the purchase order or request for provision of a Product is submitted.
Before using the Application, Users are advised to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to modify, at its sole discretion, the Application’s graphical interface, content, organization, and any other feature related to the Application’s functionality and management, communicating to the User any necessary instructions.
4. Purchase or Request for Provision Through the Application
All Products offered through the Application are described in detail on the respective product pages (quality, characteristics, availability, price, delivery times, additional fees, etc.). Some errors, inaccuracies, or minor differences between what is published on the Application and the actual Product may occur. Additionally, any images of the Products are for representation purposes only and do not constitute a contractual element.
Purchases and/or requests for provision of one or more Products through the Application are permitted to both Consumer Users and Non-Consumer Users.
For natural persons, purchases and/or requests for provision are allowed only if they are of legal age. For minors, any purchase and/or request for provision of Products must be reviewed and authorized by parents or guardians.
The offer of Products through the Application constitutes an invitation to submit an offer, and the order submitted by the User shall be considered a contractual proposal of purchase and/or request for provision, subject to confirmation and/or acceptance by the Owner as described below. The Owner has the right, at its sole discretion, to accept or reject the User’s order without the User being able to object or claim anything for any reason.
The sales or service contract for the Products is deemed concluded upon the Owner’s acceptance of the User's contractual proposal. The Owner will confirm acceptance of the User’s contractual proposal by sending an order confirmation email to the User's email address or by displaying an order confirmation web page, specifying the order date, User data, Product characteristics and availability, price or price calculation method, any additional fees and taxes, delivery and execution times, withdrawal instructions (or exclusions), and warranty.
If the Product is unavailable, the Owner will inform the User of the new delivery or provision terms and ask whether the User wishes to confirm the order. The contract will only be deemed concluded for the Products accepted by the Owner.
The User agrees to verify the accuracy of the information in the order confirmation and immediately notify the Owner of any errors. The User is responsible for keeping a copy of their order, the relevant confirmation, and the Conditions.
5. Registration
To use the Application’s features, Users must register by providing true and complete data in the registration form and accepting the privacy policy (https://wibo.app/privacy-policy/) and the Conditions.
The User is responsible for safeguarding their access credentials, which must only be used by the User and cannot be shared with third parties.
The User must keep these credentials confidential and ensure that no third party gains access. If the User suspects misuse or unauthorized disclosure of their credentials, they must immediately notify the Owner.
The User guarantees that the personal information provided during registration is accurate and complete and agrees to indemnify the Owner from any damage, obligation, compensation, or sanction resulting from their violation of registration rules or mismanagement of their credentials.
6. Account Deletion and Termination
Registered Users may stop using the Application at any time and deactivate or request account deletion via the Application’s interface (if available) or by sending a written request to supporto@wibo.app.
In case of violation of the Conditions or applicable legal provisions by the User, the Owner reserves the right to suspend or terminate the User’s account at any time without prior notice.
7. Subscription
The Application offers subscription-based Products. The characteristics and subscription terms are detailed in the Application.
To subscribe, the User must follow the procedure indicated in the Application and provide the required information. Subscription fees will begin to be charged on the specified date and at the specified frequency upon subscription.
Subscriptions are automatically renewed according to the terms and timing indicated in the Application.
Users can disable auto-renewal via the Application or by sending an email to supporto@wibo.app or changing their payment method preferences.
8. Prices and payments
The price and applicable VAT (if any) for each Product are indicated. If the nature of the Product makes it impossible to calculate the price in advance, the price calculation method will be indicated.
Any additional fees and expenses related to the payment method used will be indicated. If these fees cannot reasonably be calculated in advance, the Application will specify which costs will be charged to the User.
The Owner reserves the right to modify the prices of the Products and additional costs at any time. Price changes will not affect contracts concluded before the modification.
The User agrees to pay the Product price within the terms and methods indicated in the Application and provide the necessary payment information.
The Application uses third-party tools for payment processing and does not interact with payment data (credit card numbers, account holders, passwords, etc.).
If these third-party tools deny payment authorization, the Owner will not provide the Products and cannot be held liable.
9. Invoicing
If the User requests an invoice, billing information must be provided. The information declared by the User will be used to issue the invoice, and the User guarantees its accuracy.
10. Provision of Services
The Owner will provide services to the User according to the methods and terms specified in the Application and outlined in the order confirmation.
If it is not possible to provide the services within the specified timeframe, the Owner will notify the User promptly via email, indicating when the services can be provided or the reasons why provision is impossible.
If the User does not wish to accept the new timeline or the provision has become impossible, they may request a refund. The refund will be credited promptly using the same payment method used for the initial transaction, within 14 days from the date the Owner becomes aware of the refund request.
11. Exclusion of the Right of Withdrawal for Non-Consumer Users
Non-Consumer Users are not granted the right of withdrawal from the sale or service contract.
The User expressly acknowledges that indicating a VAT number in the order automatically qualifies them as a Non-Consumer User, for whom the right of withdrawal is not provided.
12. Consumer User Right of Withdrawal for Service Purchases
Only the Consumer User who is dissatisfied with the Product for any reason is entitled to withdraw without penalty and without providing any justification within 14 days from the conclusion of the contract.
To exercise the right of withdrawal, the User must send a written communication to the email address supporto@wibo.app, using the optional withdrawal form provided in the next article or any other written statement.
In case of correct withdrawal, the Owner will refund all payments received from the Consumer User using the same payment method used for the initial transaction, without undue delay and within 14 days from the date the Owner is informed of the withdrawal request.
For service provision requests, the Consumer User acknowledges and accepts that they lose the right of withdrawal once the service has been fully performed if the performance started with their express consent and acknowledgment that the right of withdrawal is forfeited once the service is completed, pursuant to Article 59, letter a) of the Consumer Code.
If the service has not been fully performed, and the Consumer User wishes to withdraw from the contract, they are obliged to pay the Owner an amount proportional to the service performed up to the moment they exercised their right of withdrawal, as per Article 57, paragraph 3 of the Consumer Code.
The Consumer User acknowledges and accepts that withdrawal from a subscription does not entail the refund of any amounts related to Products already used or provided.
13. Optional Form to Exercise the Right of Withdrawal
The User may exercise their withdrawal using the following form, which must be completed in all its parts and sent to the email address supporto@wibo.app before the withdrawal period expires:
Withdrawal Form Template
I hereby notify the withdrawal from the sale or service contract related to the following product: ________
Order Number: ________
Ordered on: ________
Name and Surname: ________
Address: ________
Email associated with the account used for the order: ________
Date: ________
14. User-Submitted Content
Users may upload Content to the Application as long as it is not illegal (e.g., obscene, intimidating, defamatory, pornographic, abusive, or otherwise illegal or in violation of privacy or intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or harmful to the Owner and/or third parties and does not contain viruses, political propaganda, commercial solicitation, mass emails, or any other form of spam.
In case of third-party disputes, the User assumes full responsibility and agrees to indemnify and hold harmless the Owner from any damage, loss, or expense.
The User guarantees that Content is uploaded through their account by individuals of legal age. For minors, Content uploads must be reviewed and authorized by parents or guardians.
The User is solely and exclusively responsible for the use of the Application concerning publication, consultation, management of Content, and interaction with other Users. Therefore, the User is the sole guarantor and responsible for the accuracy, completeness, and legality of the Content and their conduct.
It is prohibited to use an email address not owned by the User, use another User’s personal data or credentials to impersonate them, or otherwise provide false information about the origin of the Content.
The Owner reserves the right to remove, relocate, or modify Content deemed illegal, abusive, defamatory, obscene, or in violation of copyright or trademarks, or otherwise unacceptable, at their sole discretion.
Users grant the Owner a non-exclusive right to use the uploaded Content without geographic limitations. The Owner may use, modify, copy, transmit, extract, publish, distribute, publicly perform, broadcast, create derivative works, host, index, store, annotate, encode, modify, and adapt the Content (including adapting it for communication in any format) in any form, even through trusted third parties.
Content submitted will not be returned, and the Owner is not liable for its loss, modification, or destruction.
Unless expressly authorized by the Owner, it is strictly prohibited to:
i) use automated systems for uploading ads unless explicitly authorized;
ii) publish or manage ads serially or on behalf of third parties by any means;
iii) resell the Owner’s services to third parties.
15. Intellectual and Industrial Property Rights
The Owner declares to be the holder and/or licensee of all intellectual property rights related to the Application and/or Content available on the Application. Therefore, all trademarks, trade names, logos, images, and content related to the Application are the property of the Owner or its licensors and are protected by applicable trademark laws and international treaties.
These Conditions do not grant the User any license to use the Application’s content unless otherwise regulated.
Unauthorized reproduction of any explanatory text or Content from the Application will be considered a violation of the Owner’s intellectual and industrial property rights.
16. Disclaimer of Warranties
The Application is provided "as is" and "as available," and the Owner makes no explicit or implied warranties regarding the Application, including but not limited to the suitability of the Application for the User’s needs or uninterrupted or error-free operation.
The Owner will strive to ensure the Application is available 24/7, but shall not be held liable if the Application becomes inaccessible for any reason. Access may be temporarily suspended without notice due to system failures, maintenance, or reasons beyond the Owner’s control, including force majeure events.
17. Limitation of Liability
The Owner shall not be liable to the User, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions related to the use of the internet outside its control or that of its suppliers.
The Owner shall not be liable for any damages, losses, or costs suffered by the User due to the failure to execute the contract for reasons not attributable to the Owner. In such cases, the User is only entitled to a refund of the amount paid.
The Owner shall not be responsible for:
- Loss of business opportunities or any indirect losses not directly caused by the Owner’s breach of contract
- Improper or incorrect use of the Application by Users or third parties
- Incorrect billing information provided by the User
Under no circumstances will the Owner’s liability exceed twice the amount paid by the User.
18. Force Majeure
The Owner shall not be held liable for any delay or failure to perform obligations due to events beyond its reasonable control, including force majeure events or unforeseen and unpredictable events.
The Owner’s performance will be suspended for the duration of the force majeure event, and efforts will be made to find a solution to ensure performance of obligations despite the persistence of such events.
19. Third-Party Links
The Application may contain links to third-party sites or applications. The Owner has no control over these and is not responsible for their content.
Some of these links may lead to third-party services offered through the Application. In such cases, the general terms of use and conditions set forth by these third parties will apply, and the Owner assumes no responsibility in this regard.
20. Privacy
The protection and processing of personal data will be carried out in accordance with the Privacy Policy, available at: https://wibo.app/privacy-policy/
21. Applicable Law and Jurisdiction
These Conditions are governed by Italian law.
For Consumer Users, any dispute regarding the application, execution, or interpretation of these Conditions shall be submitted to the court where the Consumer User resides or has elected domicile, provided it is in Italian territory.
For Non-Consumer Users, disputes will be submitted to the court where the Owner is headquartered.
22. Online Dispute Resolution for Consumer Users
Consumer Users residing in Europe should be aware that the European Commission has established an online platform for alternative dispute resolution. This tool can be used by Consumer Users to resolve disputes related to online sales contracts out of court. The platform is available at: https://ec.europa.eu/consumers/odr/
Date 10/04/2020