These terms and conditions of service apply to Viblio
APPRENDO S.r.l. has developed a Software as a Service (SaaS) platform known as “VIBLIO”, of which it is the sole and exclusive owner. The Platform is designed to recommend content and/or learning pathways provided by third-party Providers based on the interests, roles, aptitudes and characteristics of each individual User.
The Platform may also include additional functionalities that may be activated by the Customer and are intended to support the development of Users’ skills, including interactive simulations, conversational chatbots, skills assessment tools and artificial intelligence-based functionalities.
These Terms and Conditions of Service, as amended from time to time, shall apply to all agreements entered into with Customers wishing to make use of the information society services and/or products offered by APPRENDO S.r.l., including those provided through the VIBLIO Platform and/or activated through Partners and/or governed by Order Forms.
By using the Platform, the CUSTOMER declares that it has fully understood and accepted these Terms and Conditions of Service (including the Privacy Policy) in their entirety.
For the purposes of this Agreement, the Parties acknowledge the following definitions:
APPRENDO: the provider of the Information Society Services is Apprendo S.r.l., having its registered office at Via Marinoni 12, 33100 Udine, Italy, VAT No. IT-03029040304, owner of the “Viblio” Platform and facilitator of the subsequent purchase of Services between the CUSTOMER and third-party content Providers.
CUSTOMER: any natural or legal person (including companies, associations, sole traders, professionals, public or private entities) purchasing one or more subscription-based services (the “Services”) marketed by APPRENDO through the website www.viblio.com and its extensions, including auth.viblio.com, and/or through an Order Form (the “Website”):
for purposes related to its business, commercial, craft or professional activities, hereinafter referred to as a “BUSINESS CUSTOMER”;
for purposes unrelated to any business, commercial, craft or professional activity, hereinafter referred to as a “CONSUMER CUSTOMER”. For the avoidance of doubt, a CONSUMER CUSTOMER may only be a natural person.
PARTIES: Apprendo and the CUSTOMER.
AGREEMENT: these Terms and Conditions of Service, the Order Form, the Data Processing Agreement (“DPA”) pursuant to Article 28 GDPR, the Service Level Agreement(s) (“SLA(s)”), and the User Terms of Use. The Data Processing Agreement shall not apply where the CUSTOMER uses the Platform solely on its own behalf without enabling any Users.
SERVICES: individually or collectively, the information society services and/or products offered by APPRENDO S.r.l., as described on the Website, in the Order Form and/or activated after execution of this Agreement.
ADD-ON: any functionality additional to the standard subscription plan, which may be activated separately by the Customer and/or provided for in the Order Form.
SIMULATIONS: interactive digital environments reproducing professional scenarios or operational situations, including through artificial intelligence systems, for the purpose of developing skills and assessing the practical application of competencies in realistic contexts.
EGG UP ASSESSMENTS: competency analysis and development tools based on questionnaires, tests, interactions or other activities carried out by the User.
USERS: individuals, including employees, directors, contractors and collaborators of the CUSTOMER, authorised by the CUSTOMER to access and use VIBLIO.
VIBLIO PLATFORM: a remotely accessible SaaS platform with data storage and processing capabilities made available to the CUSTOMER through the website located at www.viblio.com, access to which is subject to the purchase of at least one subscription.
ACCESS CREDENTIALS: the authentication system enabling access to and use of the Platform, including identification codes and access keys.
ACCOUNT: the profile created by the CUSTOMER containing data and information relating to its activities, services connected with the use of the Platform, payment methods and related information.
UPDATES AND DEVELOPMENTS: all updates, supplements, adaptations, developments, improvements and modifications made by APPRENDO S.r.l. and/or by third-party owners of software and hardware forming part of the Platform.
SOFTWARE LICENCE or SOFTWARE: any software supplied or made available by APPRENDO S.r.l. or third-party providers pursuant to this Agreement.
CONTENT: content supplied by third-party content providers (including videos, podcasts, courses and similar materials) which may be viewed and purchased by the CUSTOMER through the Platform. Details relating to such Content are provided directly by the relevant third-party Providers, which remain solely responsible for updating pricing, availability, information displayed on the Platform and the correct delivery of their services.
APPLICABLE LAW: any law, regulation, directive, rule, licence, permit, authorisation, judgment, decision or other legal or regulatory provision, whether currently in force or coming into force after execution of this Agreement, applicable to the subject matter of this Agreement and/or the offering, marketing and sale of the Services, including without limitation Regulation (EU) 2016/679 (GDPR), Italian legislation on electronic commerce and consumer protection legislation.
INTELLECTUAL PROPERTY: any intellectual and/or industrial property right, whether registered or unregistered, anywhere in the world, including without limitation trademarks, patents, utility models, designs, domain names, know-how, copyright-protected works, databases and software, including derivatives, source code, object code and interfaces.
THIRD-PARTY PROVIDER: any provider of third-party Services and/or Content independent from APPRENDO, including for example courses, video courses, podcasts, interviews and similar materials accessible through the VIBLIO Platform.
DATA CONTROLLER: the natural or legal person, public authority, agency or other body which determines the purposes and means of the processing of personal data.
DATA PROCESSOR: the natural or legal person, public authority, agency or other body which processes personal data on behalf of the Data Controller.
The Recitals form an integral and substantial part of this Agreement.
By subscribing to the Services, the CUSTOMER shall be entitled to access the paid Services offered by APPRENDO S.r.l. (including, by way of example, the consultation of Content organised and made available through the Platform by third-party Providers), through the website www.viblio.com, its extensions and/or the auth.viblio.com application, as described on the Platform, together with the grant of a temporary, non-exclusive, non-transferable, non-assignable and non-sublicensable licence, valid for the duration of this Agreement, solely for the use of the VIBLIO Platform and any software associated therewith.
Any person executing this Agreement on behalf of a company or third party represents and warrants that they are duly authorised to enter into this Agreement on behalf of the CUSTOMER.
APPRENDO S.r.l. sells its products exclusively to customers who are at least eighteen (18) years of age.
The Platform, operated by APPRENDO, provides USERS with personalised educational and professional guidance services based, by way of example, on the analysis of roles, aptitudes, skills and preferences. Suggested content is selected according to objective and personalised criteria (for further information, please refer to the Privacy Policy).
Any commercial relationship entered into between APPRENDO S.r.l. and third-party providers shall not influence the selection or ranking of suggested content.
Depending on the subscription plan purchased and any activated Add-ons, the Services may include interactive simulations, conversational chatbots, self-assessment questionnaires, skills development tools (such as EggUp) and additional artificial intelligence-based tools designed to support Users’ learning and professional development.
Such functionalities shall only be available where included within the purchased subscription plan or expressly activated by the Customer, including for specific Users.
The functionalities described above are intended solely for educational, training and personal development purposes and do not constitute formal assessment or decision-making tools.
APPRENDO S.r.l. is not a party to any agreement and/or relationship between the CUSTOMER and its USERS and therefore assumes no responsibility whatsoever in connection with the execution, conclusion or performance of any such agreement or relationship, including age verification, payment arrangements, invoicing and contractual performance between the CUSTOMER and its USERS.
Artificial intelligence-based functionalities are not intended to be used for automated decision-making processes nor for recruitment, employment evaluation, employment management or similar employment-related purposes.
The agreement between APPRENDO and the CUSTOMER for the use of the VIBLIO Platform may be concluded through various methods, each of which shall constitute a valid means of forming a binding agreement pursuant to Article 1321 of the Italian Civil Code, Legislative Decree No. 70/2003 and Regulation (EU) No. 910/2014 (“eIDAS”).
In order to register for the VIBLIO Platform, the CUSTOMER must select one of the available subscription plans and provide the required information, including personal data, through the registration process.
Before submitting any purchase order, APPRENDO invites the CUSTOMER to carefully read, expressly accept (through a point-and-click mechanism) and retain a copy of these Terms and Conditions of Service and the Privacy Policy by printing, saving or otherwise reproducing them for personal use.
Prior to submitting the purchase order relating to the selected subscription, the CUSTOMER shall be required to verify the information entered and may correct any data entry errors.
The CUSTOMER shall also request the issuance of a VAT invoice, where desired, in accordance with Article 22 of Presidential Decree No. 633/1972.
Once the Order has been submitted, APPRENDO shall send the CUSTOMER an email confirming activation of the Account and receipt of the Order. Upon transmission of such communication, the purchase agreement shall be deemed concluded.
The CUSTOMER warrants that all information provided during registration and purchase is complete, accurate and truthful.
The CUSTOMER may not use temporary or disposable email addresses when registering for the VIBLIO Platform.
As an alternative to direct registration on the Platform, the agreement may be concluded through acceptance of a contractual proposal sent by APPRENDO (such as an Order Form or commercial offer) via an integrated electronic signature platform.
In such circumstances, the CUSTOMER shall receive an electronic communication (including, by way of example, email, SMS or other digital channels) containing:
a contractual proposal;
a link to these Terms and Conditions and the Privacy Policy;
an invitation to sign the document by clicking an electronic signature button (“click-to-sign”).
The agreement shall be deemed concluded when the CUSTOMER applies its simple electronic signature by selecting its signature profile through the point-and-click procedure made available by the platform.
Such action shall constitute full acceptance of the proposal and shall have binding effect pursuant to Articles 1321 and 1326 of the Italian Civil Code, Article 11 of Legislative Decree No. 70/2003 and Article 25 of Regulation (EU) No. 910/2014 (eIDAS).
During the signing process, the CUSTOMER:
enters its graphical signature;
is presented with a clear notice informing it that by proceeding it agrees to be legally bound by the document and these Terms of Service;
clicks “Accept” to complete the signature process.
APPRENDO shall retain a copy of the signed document together with the associated technical logs (signature, date, time, IP address and document hash) and shall make them available in the event of any dispute.
The CUSTOMER may also access the VIBLIO Platform through agreements entered into with authorised third parties (such as training platforms or commercial partners), which independently govern the contractual relationship with the CUSTOMER.
In such cases, the agreement shall be concluded exclusively between the CUSTOMER and the relevant third party in accordance with that party’s contractual arrangements.
APPRENDO shall not be liable, whether directly or indirectly, for any contractual relationships, obligations, breaches, representations or conduct attributable to third parties with whom the CUSTOMER has entered into an agreement, even where such third parties have referred, in whole or in part, to these Terms and Conditions.
The following provision applies exclusively to the Customer’s first registration for the Services.
APPRENDO may, at its sole discretion, grant the CUSTOMER a free trial period of fourteen (14) days commencing on the date the Agreement is concluded. Such trial period is available only for the Customer’s first subscription and may not be combined, repeated or renewed.
Upon expiry of the free trial period, a paid subscription for the duration selected by the CUSTOMER (monthly or annual) shall be activated automatically, provided that valid payment details have been entered in advance. In the absence of valid payment details, the Services shall not be activated or made available.
The fees and advance payment terms applicable to the Services shall be those indicated from time to time on the Website or in the contractual proposal (including any Order Form) submitted by APPRENDO S.r.l. to the CUSTOMER.
All prices are expressed in Euro and, where applicable, include VAT and any other indirect taxes.
Any Add-ons or additional functionalities beyond the standard subscription plan may be subject to separate fees, as specified on the Website, in the applicable Order Form or in the relevant commercial proposal.
During the term of the subscription, the agreed fees shall remain payable by the CUSTOMER irrespective of whether the CUSTOMER accesses the Platform or makes use of the Services.
Where payment is made by credit or debit card, financial information (including card numbers and expiry dates) shall be transmitted through a secure connection directly to the electronic payment service provider (Stripe).
Such information shall never be stored by APPRENDO and shall be processed solely for the purposes of completing the purchase transaction, managing refunds where a right of withdrawal is exercised, or preventing and reporting fraud to the competent authorities.
The term of this Agreement shall correspond to the duration of the subscription selected by the CUSTOMER (monthly, annual or such other period as may be specified), as resulting from the registration process or the Order Form received from APPRENDO.
Upon expiry of the initial subscription term, the Agreement shall automatically renew for a further period of equal duration unless terminated by the CUSTOMER prior to expiry in accordance with Clause 6.4 below.
Where the Agreement is concluded through the execution of an Order Form, the term shall be that expressly specified therein. In such case, automatic renewal shall not apply unless expressly provided for in the relevant Order Form.
The CUSTOMER may cancel an automatically renewing subscription at any time by accessing its personal Account and selecting the “Cancel Plan” option within the “Manage Plan” section.
Any cancellation request must be submitted at least one (1) month prior to the expiry of the then-current subscription period and shall take effect upon expiry of such period.
Until that date, the Services shall remain active and the agreed fees shall remain payable.
Following cancellation:
no further charges shall be incurred;
access to the Platform shall be disabled upon expiry of the subscription period already paid for;
following twelve (12) months of inactivity, the CUSTOMER’s profile may be permanently deleted.
Where the Agreement has been concluded without direct registration on the Platform, but through acceptance of a proposal sent by APPRENDO (including by email or other communication channels), the CUSTOMER may terminate the Agreement by writing to: help@viblio.com, without prejudice to any provisions contained in the applicable Order Form and these Terms and Conditions.
Only a CONSUMER CUSTOMER shall be entitled to withdraw from any agreement concluded pursuant to these Terms and Conditions, without providing any reason and without incurring any penalty, within fourteen (14) days of the conclusion of the Agreement.
For agreements concluded through direct registration on the Platform, such period shall commence on the date of receipt of the Account activation email referred to in Clause 4.1.
The right of withdrawal may be exercised exclusively by the CONSUMER CUSTOMER by sending written notice to help@viblio.com, clearly stating the intention to withdraw and providing the relevant identifying details (name, surname and email address used for registration), together with the order or subscription number where available.
APPRENDO S.r.l. shall send the CONSUMER CUSTOMER an email confirming receipt of the withdrawal request.
The right of withdrawal shall not apply to BUSINESS CUSTOMERS or to any natural or legal person acting for purposes related to their business, commercial, craft or professional activities.
Without prejudice to its right to claim damages, APPRENDO reserves the right to terminate this Agreement pursuant to Article 1456 of the Italian Civil Code by means of a simple notice sent by certified email (PEC) or to the email address provided by the CUSTOMER during registration, in the event of any breach by the CUSTOMER and/or any User of one or more of the following provisions:
Clause 5 (Trial Period, Fees and Payment Terms);
Clause 11 (Customer and/or User Obligations and Responsibilities);
Clause 12 (Registration and Access Credentials);
Clause 20 (Distinctive Signs, Trademarks, Intellectual Property Rights, Licences and Copyright).
Upon termination of the Agreement for any reason whatsoever, APPRENDO shall immediately and permanently cease the provision of the Services delivered through the VIBLIO Platform.
The CUSTOMER acknowledges and accepts that, in the event of termination or suspension of the Agreement with APPRENDO for any reason whatsoever, its USERS shall be disabled and shall have no entitlement to refunds, compensation or indemnification of any kind.
Following termination of the Agreement, data shall be retained for a period of twelve (12) months in order to enable reactivation of the Services and shall thereafter be permanently deleted.
The same retention policy shall apply to data generated through any Add-ons, including data relating to assessments, simulations and skills analyses, without prejudice to any different retention periods expressly specified in the Privacy Policy, applicable legal obligations or specific instructions agreed between the Parties.
The CUSTOMER hereby releases APPRENDO from any liability, loss, damage or prejudice arising from the total or partial deletion of data and information stored on the VIBLIO Platform following expiry of the applicable retention period.
At any time, including during the twelve (12) month retention period following termination, the CUSTOMER may request permanent deletion of its data by sending an email to: help@viblio.com.
All communications relating to this Agreement may be sent to the email address provided by the CUSTOMER when creating its Account.
The CUSTOMER acknowledges and agrees that it is solely responsible for ensuring that such email address remains current and for promptly notifying APPRENDO of any changes thereto. Any communication sent to the most recently notified email address shall be deemed duly received.
The CUSTOMER and/or the User undertakes to:
notify APPRENDO S.r.l., within twenty-four (24) hours, of any irregularities, malfunctions or disruptions affecting the Platform or the Services connected thereto, by appropriate means and in a precise and detailed manner, providing all relevant information. Any damage resulting from a failure by the CUSTOMER to provide timely notice may not be attributed to APPRENDO S.r.l.;
indemnify and hold harmless APPRENDO S.r.l. against any claim, demand or action brought by third parties arising from the CUSTOMER’s own acts or omissions, whether negligent or intentional, including any damage caused to third parties (such as the CUSTOMER’s Users and/or customers) through the use of the Platform and/or in the course of carrying out its professional or business activities;
refrain from using the Platform or any part thereof where access has been temporarily or permanently suspended;
refrain from publishing any information that may reasonably be considered defamatory, libellous, misleading, inaccurate or false, including personal information;
refrain from engaging in activities intended to destabilise, disrupt or compromise the operation of the Platform or related systems;
refrain from transferring, even temporarily, its Access Credentials to any third party without APPRENDO’s prior consent;
refrain from sending spam, distributing viruses or using any technology capable of causing damage to the Platform, its systems or its customers;
refrain from downloading, recording, reproducing or otherwise extracting digital content available through the Platform, including, by way of example, video courses, audio courses, podcasts, e-books and similar materials;
refrain from reselling, sublicensing or otherwise commercialising, whether in whole or in part, APPRENDO’s Services without APPRENDO’s prior written authorisation;
refrain from copying, duplicating, modifying, disclosing or distributing Platform content, intellectual property rights or trademarks owned by APPRENDO or by any third-party Provider;
refrain from entering into simulations, assessments, verification tests or other interactive functionalities any unnecessary personal data, special categories of personal data or information that is not relevant to the educational purposes of the Services.
The CUSTOMER shall be responsible for the correct activation of Add-ons for its Users and for ensuring the lawfulness of any processing of personal data carried out within its organisation.
use any outputs, analyses, recommendations and suggestions generated by the Platform exclusively for educational, skills development and learning support purposes;
refrain from using outputs generated by the Platform as the sole basis for professional, organisational, managerial or legally significant decisions affecting Users.
During registration, the CUSTOMER must create an email address and password constituting its Access Credentials for the purpose of accessing the Platform.
Under certain subscription plans, the CUSTOMER may access the Platform using Access Credentials initially provided by APPRENDO S.r.l., which must be changed upon first use.
The CUSTOMER acknowledges that any third party obtaining knowledge of the Access Credentials may gain unauthorised access to the Platform, the Services and any information stored therein.
Accordingly, the CUSTOMER shall remain solely responsible for any use of the Platform made through its Access Credentials, whether authorised or unauthorised.
The CUSTOMER shall keep its Access Credentials strictly confidential and shall exercise the highest degree of care in safeguarding them, undertaking not to disclose them or permit their use by unauthorised third parties.
APPRENDO S.r.l. and/or its providers or sub-processors shall not be liable for any direct or indirect damage suffered by the CUSTOMER or any third party arising from the CUSTOMER’s failure to comply with the obligations set out in this Clause.
Through the VIBLIO Platform, APPRENDO makes available a range of Services, as described and updated from time to time within the Platform itself and/or in the relevant Order Form submitted to the CUSTOMER.
The criteria used to recommend educational content to the CUSTOMER or authorised Users are based on the automated processing of information provided during registration and use of the Platform, including, by way of example, professional role, selected competencies, activities performed and stated preferences.
Such content is selected through an internal algorithmic system operating in accordance with the principles and methods described in the Privacy Policy.
The CUSTOMER acknowledges and agrees that such system does not constitute personalised professional advice and that responsibility for any decisions taken on the basis of suggested content remains exclusively with the CUSTOMER and/or the relevant Users.
APPRENDO does not guarantee any specific outcome resulting from such automated processes and shall not be liable for any effects, decisions or operational consequences arising from the CUSTOMER’s reliance upon analyses, recommendations or outputs generated by the Platform.
Such functionalities are intended solely to support learning and professional development. For further limitations of liability, reference is made to Clause 19.
The CUSTOMER acknowledges and accepts that, in order to provide the Platform and Services, APPRENDO relies upon third-party providers and sub-processors, including providers of hosting services, connectivity services, IT infrastructure and related technological services.
Where necessary for the delivery of the Services and/or activated Add-ons, APPRENDO may also engage providers of artificial intelligence services, data analytics tools, audio-visual content management services and other specialised technology providers.
The CUSTOMER hereby authorises APPRENDO to appoint, replace or change such providers and/or sub-processors during the term of this Agreement.
The CUSTOMER acknowledges and accepts that the involvement of third-party providers may result in delays in service activation, service delivery and/or support activities governed by this Agreement.
APPRENDO S.r.l. shall use reasonable efforts to ensure that activation and delivery of the Services occur within reasonable timeframes.
The CUSTOMER shall not enter into any agreement or contractual relationship with the aforementioned providers solely by virtue of using the Platform or Services.
The CUSTOMER acknowledges and accepts that APPRENDO’s providers may discontinue their services, thereby making performance of this Agreement partially or wholly impossible.
To the fullest extent permitted by law, APPRENDO S.r.l. shall not be liable for any inability to use the Services resulting from such circumstances.
The VIBLIO Platform automatically recommends educational content available on third-party platforms (including, by way of example, marketplaces, universities, training institutions and learning platforms) based on its proprietary algorithmic criteria.
Such content is not hosted, copied, reproduced, distributed or modified by APPRENDO S.r.l., but is made accessible through interoperability tools and integrations made available by the relevant third-party providers.
All rights relating to recommended content remain vested exclusively in their respective rights holders and are subject to the terms and conditions established by the originating platforms.
The CUSTOMER acknowledges that access to and use of such content may be governed by contractual terms independent from these Terms and Conditions and undertakes to comply with them.
Where the VIBLIO Platform or communications relating to the Services contain links or references to third-party content, services or websites, the CUSTOMER acknowledges that such digital environments are entirely outside APPRENDO S.r.l.’s sphere of control.
APPRENDO S.r.l. performs no verification, selection or moderation activities in relation to such content and provides no warranty whatsoever as to its accuracy, completeness, legality, availability, reliability or currency.
Where the CUSTOMER purchases products or services directly from third-party platforms or providers, any payment transactions shall be conducted through independent and secure systems external to the VIBLIO Platform.
APPRENDO S.r.l. shall not be a party to such transactions and shall bear no responsibility for any malfunction, misuse, abuse or improper operation of third-party payment systems.
The inclusion of content among the Platform’s recommendations shall not constitute endorsement, approval, authorisation, certification, sponsorship or the grant of any licence, whether express or implied, regarding the CUSTOMER’s use of such content.
APPRENDO S.r.l. reserves the right to suspend and/or interrupt, including temporarily, the provision of its Services for maintenance purposes, updates, technological improvements to the Platform, temporary service disruptions, system malfunctions, software errors, and in the following circumstances:
where it reasonably believes that the Services are being used by unauthorised third parties;
where the CUSTOMER uses the Services incorrectly, unlawfully or in breach of these Terms and Conditions, or otherwise fails to comply with applicable laws governing the use of the Internet and information technology services;
where extraordinary security requirements arise or where potential risks exist to the network, the Platform or individuals;
where required by a competent judicial, regulatory or public authority.
Without prejudice to Clause 8 (Express Termination Clause), APPRENDO S.r.l. reserves the right to temporarily suspend or permanently deactivate the CUSTOMER’s Account and/or the access of the CUSTOMER’s Users to the Platform, by notice sent to the email address provided by the CUSTOMER during registration, in the following circumstances:
use of the Services or the VIBLIO Platform in breach of these Terms and Conditions or any Applicable Law by the CUSTOMER or one or more authorised Users;
fraudulent, abusive or otherwise improper conduct capable of compromising the security, availability or integrity of the VIBLIO Platform;
infringement of APPRENDO’s or any third party’s intellectual property rights;
use of the VIBLIO Platform for purposes that are improper, unauthorised or inconsistent with its intended purpose by the CUSTOMER or its Users;
failure to execute, material non-compliance with, or breach of the Data Processing Agreement (DPA), applicable personal data protection legislation or any other applicable legal requirement.
Suspension or termination of the Account shall not entitle the CUSTOMER to any refund of fees already paid, nor to any compensation, indemnity or damages of any kind.
APPRENDO expressly reserves the right to seek compensation for any loss or damage suffered.
In the event of suspension, the CUSTOMER may remedy the relevant breach within the period specified in the notice received from APPRENDO.
If such period expires without the breach having been remedied, APPRENDO may permanently deactivate the Account and cease providing the Services.
Nothing in this Agreement shall be construed as granting the CUSTOMER any exclusivity rights.
Accordingly, no claim may be brought against APPRENDO S.r.l. for providing the Platform and related Services to other customers, including customers operating in competition with the CUSTOMER.
Any technical incompatibility between the CUSTOMER’s systems and/or software and the APPRENDO Platform shall not be attributable to APPRENDO S.r.l.
As operator of the Platform, APPRENDO shall not be liable for errors, interruptions, delays, failures or inadequate provision of Content supplied by THIRD-PARTY PROVIDERS.
APPRENDO S.r.l. does not warrant the accuracy, completeness, quality, reliability or currency of recommended Content, responsibility for which remains solely with the relevant THIRD-PARTY PROVIDERS.
The inclusion of Content among recommendations shall not imply any verification, endorsement or approval by APPRENDO S.r.l.
APPRENDO S.r.l. shall not provide refunds for any temporary inability to access or use the Platform or Services resulting from malfunctions or disruptions.
APPRENDO S.r.l. shall not be liable for any direct or indirect loss, damage or prejudice suffered by the CUSTOMER arising from malfunctions, outages, interruptions or suspensions of the Platform, whether temporary or otherwise, including those resulting from Platform updates or any other cause.
APPRENDO S.r.l.’s liability for service disruptions, data loss, lack of connectivity or any other damage shall also be excluded where arising from:
interruptions, slowdowns or difficulties in accessing the Internet;
interruptions, malfunctions or failures affecting network access lines, communications systems or equipment due to causes beyond APPRENDO’s reasonable control or attributable to telecommunications or electricity providers;
acts or omissions of third parties or other users connected to the network;
cyberattacks, hacking attempts, malware, viruses, unauthorised intrusions or other malicious activities.
More generally, APPRENDO S.r.l. shall not be liable for any unlawful, abusive or unauthorised use of the Platform.
Except where the CUSTOMER uses the Platform solely on its own behalf and for its own personal purposes, the CUSTOMER acknowledges and agrees that, following execution of this Agreement, it shall act as the sole Data Controller under Regulation (EU) 2016/679 in relation to personal data collected, processed and stored concerning its Users through the Platform.
APPRENDO shall not be liable for any breach of obligations imposed on a Data Controller under applicable data protection legislation, including without limitation Regulation (EU) 2016/679 (GDPR) and Legislative Decree No. 196/2003, nor for any breach of legislation protecting employees and workers, including without limitation Law No. 300/1970 (Workers’ Statute), and any consequences arising therefrom.
The Parties acknowledge that the CUSTOMER shall either:
act as Data Controller pursuant to Article 4(7) GDPR in respect of personal data processing activities carried out through the Services; or
act as Data Processor pursuant to Article 4(8) GDPR on behalf of a third-party Data Controller,
in accordance with the designation of APPRENDO as Data Processor or Sub-Processor under the applicable Data Processing Agreement (“DPA” or “Appendix A”), where executed separately between the Parties.
In particular, with regard to obligations relating to employee monitoring and workplace protection legislation, the CUSTOMER expressly acknowledges and declares:
that it has been informed by APPRENDO that use of the Services may require compliance with Article 4 of Law No. 300/1970, including the execution of agreements with trade union representatives and/or obtaining authorisation from the competent office of the National Labour Inspectorate, where applicable;
that responsibility for assessing and fulfilling such obligations rests exclusively with the CUSTOMER;
that the CUSTOMER assumes full responsibility for compliance with Article 4 of Law No. 300/1970 and any related legal requirements.
The CUSTOMER expressly declares that it has been specifically informed by APPRENDO of any potential issues arising under personal data protection legislation in connection with the Services offered by APPRENDO.
The CUSTOMER shall be solely responsible for:
activating Add-ons for its Users;
providing appropriate information and notices to Users;
verifying the lawfulness of any related processing of personal data;
determining how analyses, assessments, recommendations and outputs generated by the Platform are used within its organisation.
APPRENDO shall not be liable for any professional, organisational, managerial, employment-related or operational decisions taken by the CUSTOMER on the basis of outputs generated by the Platform.
The CUSTOMER undertakes to indemnify and hold harmless APPRENDO S.r.l. against any claim, demand, action, loss, liability, cost or expense brought by third parties in connection with damage arising from use of the Platform.
In particular, the CUSTOMER shall bear all costs, compensation payments, damages, legal fees and expenses arising from such use.
More generally, APPRENDO S.r.l. shall not be responsible for the manner in which the CUSTOMER uses the Platform and Services in relation to third parties, including Users.
Except in cases of wilful misconduct or gross negligence, APPRENDO S.r.l.’s aggregate liability arising out of or in connection with this Agreement shall be limited to an amount equal to fifty per cent (50%) of the fees paid by the CUSTOMER during the three (3) months preceding the event giving rise to the claim in respect of the VIBLIO Platform subscription and/or the Services provided.
To the fullest extent permitted by law, APPRENDO excludes all liability for loss of profit, loss of revenue, loss of goodwill, business interruption and any indirect, consequential, special or punitive damages arising from or connected with the use of the Services.
The CUSTOMER shall indemnify and hold harmless APPRENDO S.r.l. against any claim, complaint, action, demand or damage brought by Users authorised to access the Platform through the CUSTOMER, in connection with the use of the Platform, the Services or any suggested Content.
The CUSTOMER shall be responsible for ensuring compliance by its Users with these Terms and Conditions, and any breach committed by a User shall be deemed attributable to the CUSTOMER unless proven otherwise.
The CUSTOMER further undertakes to ensure that each authorised User is informed of the conditions governing use of the Platform and all applicable documentation, including APPRENDO’s Privacy Policy.
The Parties acknowledge that, except as expressly provided herein, this Agreement does not transfer, assign or grant any economic exploitation rights relating to APPRENDO S.r.l.’s intellectual property or industrial property rights, or those of its Providers or Sub-Providers.
No rights shall be granted by implication, waiver, estoppel or otherwise.
In particular, the Parties acknowledge that all technology, software, digital and graphical content, source code, logos, trademarks, developments, improvements and all intellectual and industrial property rights connected with the APPRENDO Platform, including rights relating to open-source and proprietary software licences used within the Platform and by third-party providers, shall remain the exclusive property of their respective owners and shall not be transferred under this Agreement.
Any material, product or software made available to the CUSTOMER pursuant to this Agreement that is protected by copyright, intellectual property rights or industrial property rights belonging to third parties shall be used by the CUSTOMER in compliance with such rights.
The CUSTOMER assumes full responsibility for any infringement and undertakes to indemnify and hold harmless APPRENDO S.r.l. against any adverse consequences arising therefrom.
The CUSTOMER acknowledges that the VIBLIO Platform merely recommends Content relevant to the competencies sought or required by Users.
All economic exploitation rights and intellectual property rights relating to Content supplied by THIRD-PARTY PROVIDERS shall remain vested exclusively in their respective owners.
APPRENDO assumes no ownership rights, responsibility or liability in relation to such Content.
APPRENDO does not warrant that THIRD-PARTY CONTENT will meet the CUSTOMER’s or User’s specific requirements, nor that such Content will be uninterrupted, suitable, secure or error-free.
APPRENDO makes no representation or warranty regarding any results expected, anticipated or obtained by the CUSTOMER and/or Users through use of the VIBLIO Platform, the Services or any content connected thereto, including content owned by THIRD-PARTY PROVIDERS.
Where the CUSTOMER infringes APPRENDO S.r.l.’s copyright, intellectual property rights or industrial property rights, or those of any third party, APPRENDO reserves the right to terminate this Agreement pursuant to Article 1456 of the Italian Civil Code.
APPRENDO S.r.l. shall not be liable for any failure or delay in the performance of its obligations under this Agreement where such failure or delay results from circumstances beyond its reasonable control or from events that could not reasonably have been foreseen and which constitute a Force Majeure Event.
Force Majeure Events shall include, by way of example and without limitation:
strikes, lockouts and industrial disputes;
mobilisation, civil unrest, armed conflicts or hostilities of any kind;
fires, explosions, pandemics, epidemics, floods and earthquakes;
other natural disasters;
the inability to use public or private communication systems or networks.
Any contractual deadlines or time periods affected by such unforeseen circumstances or Force Majeure Events shall be suspended for the duration of the relevant event.
APPRENDO S.r.l. shall use reasonable efforts to mitigate, to the extent possible, any adverse effects that such circumstances may cause to the CUSTOMER.
The Parties shall process any personal data exchanged in connection with the performance of this Agreement in compliance with applicable data protection legislation in force from time to time and solely for purposes strictly connected with the performance of the Agreement.
The Parties shall regulate their respective roles, obligations and responsibilities in relation to the protection of personal data through a separate Data Processing Agreement (“DPA”), which forms an integral part of this Agreement and shall be executed separately where applicable.
Depending on the Services and any Add-ons activated by the CUSTOMER, the processing of personal data may include data relating to skills assessment and development, responses provided during assessments, content generated through simulations and information derived from User interactions.
The complete Privacy Policy, containing all information relating to the processing of personal data, legal bases for processing, data retention periods and other relevant information, is available at:
Each Party shall remain responsible for fulfilling all obligations imposed by applicable data protection legislation in relation to the processing activities carried out under its responsibility, including, by way of example and without limitation, providing privacy notices to its customers and/or users and obtaining any required consents from data subjects.
By expressly accepting these Terms and Conditions through a point-and-click mechanism and by selecting the relevant checkbox containing a link to these Terms and Conditions of Service, the CUSTOMER declares that it has read, understood and expressly approved the contents of this Agreement, including for the purposes of Articles 1341 and 1342 of the Italian Civil Code, and in particular the following clauses:
Clause 3 – Subject Matter of the Agreement;
Clause 5 – Trial Period, Fees and Payment Terms;
Clause 6 – Term of the Agreement;
Clause 9.2 – Effects of Termination or Suspension of the Agreement;
Clause 11 – Customer and/or User Obligations and Responsibilities;
Clause 12 – Registration and Access;
Clause 13 – Available Services, Add-ons, Automated Processing and Method of Delivery;
Clause 14 – Providers and Sub-Processors;
Clause 15 – Third-Party Content, Intellectual Property Rights and Hypertext Links;
Clause 16 – Cases of Suspension and/or Interruption of the Services;
Clause 17 – Account Suspension or Termination for Breaches;
Clause 19 – Limitations of Liability of Apprendo S.r.l., Use of Outputs, Assessments, Conversational Chatbots, Interactive Simulations and Artificial Intelligence-Based Tools;
Clause 20 – Distinctive Signs, Trademarks, Intellectual Property Rights, Licences and Copyright;
Clause 22 – Personal Data Processing and Add-ons;
Clause 25 – Governing Law, Jurisdiction and Online Dispute Resolution (ODR).
APPRENDO reserves the right to amend these Terms and Conditions of Service at any time.
Any amendments shall become effective from the date of publication on the website www.viblio.com.
Where the CUSTOMER does not accept the amendments, it shall be entitled to terminate the Agreement within fifteen (15) days from the date on which the amendments are published.
This Agreement shall be governed by and construed in accordance with the laws of Italy.
Any dispute arising out of or in connection with the interpretation, performance and/or execution of this Agreement shall be subject to the following jurisdiction provisions:
In relation to a BUSINESS CUSTOMER, the courts of Udine, Italy, shall have exclusive jurisdiction.
In relation to a CONSUMER CUSTOMER, the courts having jurisdiction over the place of residence or domicile of the CONSUMER CUSTOMER shall have exclusive jurisdiction.
Customers residing in Member States of the European Union are informed that the European Commission provides an Online Dispute Resolution (“ODR”) platform for the alternative resolution of disputes relating to these Terms and Conditions and/or the online services offered through the Website.
The ODR platform may be accessed at: