Terms of Service
Last update: 02/05/2023
This webpage explains the terms of service for using Wiblion, where you can find important information about your legal rights. By using Wiblion, you agree to follow these terms. To make them easier to understand, we’ve also included explanations in light blue boxes. These explanations are not part of the official terms and don’t have any legal impact. They are simply there to help you better understand the text.
These Terms of Service, referred to as “Terms,” regulate your use of the Services provided by Wiblion. The Services include websites, templates, products, applications, tools, and features. This encompasses your usage during free trials and on various websites and domains, such as www.wiblion.com, www.platform.wiblion.com and www.academy.wiblion.com, as well as Wiblion’s other applications.
We urge you to carefully read this Agreement, referred to as the “Agreement,” as IT CONTAINS SIGNIFICANT INFORMATION CONCERNING YOUR LEGAL RIGHTS. IT COVERS A RANGE OF TOPICS, INCLUDING AUTOMATIC SUBSCRIPTION RENEWALS, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, DISPUTE RESOLUTION THROUGH ARBITRATION, AND A WAIVER OF CLASS ACTION. If you are an EU Consumer, it’s important to note that certain provisions may not be applicable to you, and you may have specific rights under the mandatory laws of your country of residence.
By utilizing or accessing the Services, you acknowledge your acceptance of these Terms and our Domain purchase terms, these documents are referred to as the “Agreement.” If you are using the Services on behalf of an organization, you are confirming your agreement to this Agreement on behalf of that organization. In doing so, you affirm and guarantee that you have the necessary authority to act on behalf of the organization. Throughout this Agreement, terms such as “you,” “your,” and similar expressions refer to you as appropriate. If you do not agree to all the terms outlined in this Agreement, it is advised that you refrain from accessing or using the Services.
Wheter you reside in the European Union or any of its territories or possessions (referred to as the “EU”), or have your main place of business outside the EU or have your main place of business there or outside, you are entering into this Agreement with Wiblion Group S.C.G.J and are classified as a “Wiblion User.” In this Agreement, references to “Wiblion,” “us,” “we,” and “our” pertain to Wiblion Group S.C.G.J. If your residence or main place of business changes, the Wiblion entity you have a contractual relationship with will be the same.
We have taken care to ensure that this Agreement is equitable and easy to comprehend. However, if you have any questions or suggestions, please feel free to contact us.
1. Creating Accounts
It is essential to maintain accurate account information and ensure the security of your accounts. You are responsible for your accounts and any associated activities. You must be at least 16 years old to use Wiblion.
1.1. Account creation.
To utilize the Services, it is necessary to create an account (“Account”). Your Accounts must have accurate, complete, and always up-to-date information, which may be used for communication purposes. Additionally, please ensure the security of your Accounts and prevent unauthorized access by safeguarding your passwords and other authentication credentials.
1.2. Account security.
You are solely responsible for maintaining the confidentiality and security of your passwords, and any activity that occurs on your Accounts. In the event of any actual or suspected unauthorized use, theft, misuse, or compromise of your Accounts or passwords, please notify us immediately.
1.3. Minimun age.
Finally, it is important to note that the Services are intended for individuals who are at least 16 years old. If you are under 18, depending on your place of residence, you may require parental or guardian consent, and they may need to enter into this Agreement on your behalf.
2. Your content
When you upload content to Wiblion, you retain ownership of it. However, you grant us permission to use the content in ways necessary for providing, improving, promoting, and protecting our services. For example, if you upload a photo, we have the right to save and display it on your site or story according to your instructions. Additionally, we may promote or feature your site or story, but you have the option to opt out if you don’t want us to do so.
2.1. Ownership of User Content.
Users of the Services, whether it’s you or others, have the ability to provide us with various types of content, including text, photos, images, music, audio, videos, fonts, logos, stickers, code, non-fungible tokens (“NFTs”), and associated materials. This content is collectively referred to as “User Content.” It’s important to note that you retain ownership of your User Content, except for the limited rights necessary for us to provide, enhance, promote, and protect the Services as described in this Agreement. User Content encompasses the content posted on Your Sites. “Your Sites” refers to the websites that you create or publish using the Services.
2.2. License Granted to Wiblion.
By providing User Content through the Services, you grant Wiblion (including our third-party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license. This license enables us to use, host, store, reproduce, modify, create derivative works of (including translations, adaptations, or other changes made to improve compatibility with the Services), communicate, publish, publicly display, publicly perform, and distribute your User Content. It’s important to note that this license is limited to the extent necessary for us to provide, enhance, promote, and protect the Services. Please be aware that this section does not affect any rights you may have under applicable data protection laws.
2.3. Featuring Your Site.
We may choose to feature Your Sites (excluding scheduling pages) or the names, trademarks, service marks, or logos included on Your Sites. By doing so, you grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version or portion of Your Sites, including names, trademarks, service marks, or logos on Your Sites, for the purpose of marketing and promotional activities related to Wiblion. For example, we may feature Your Sites on our Templates page, Customers sections of our websites, or our social media accounts. By granting this license, you waive any claims against us related to moral rights, artists’ rights, or similar rights you may have worldwide in relation to Your Sites or the names, trademarks, service marks, or logos on Your Sites. You also waive any right to inspect or approve such use. You can choose to opt out of being featured through your Account or by contacting firstname.lastname@example.org in the case of Unfold. This section does not affect any rights you may have under applicable data protection laws.
3. Your Responsibilities
You bear responsibility for the content you publish on Wiblion, and you assure us that it is permissible to use. It is important to adhere to our rules and refrain from engaging in any illegal activities while using the services. Additionally, please keep in mind that the content you upload may be publicly viewable.
3.1. Authorized Use of Content.
By using the Services, you affirm that you either own all the rights to your User Content or have obtained the necessary rights and permissions to use, share, display, transfer, and license your User Content as described in this Agreement. In the event that we utilize your User Content in accordance with this Agreement, you further guarantee that such usage will not infringe upon or violate the rights of any third party, including but not limited to copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights. It is important to note that copying, uploading, downloading, or sharing content should be done only if you possess the appropriate rights to do so.
3.2. Compliance with Laws.
You guarantee that your usage of the Services complies with all relevant laws, which include, but are not limited to, export or import controls, regulations, and sanctions.
3.3. Responsible Sharing.
The Services provide you with the ability to share User Content, including on social media platforms and the open web. It is important to exercise caution and carefully consider the nature of your User Content. Please note that we are not responsible for the content you choose to share via the Services.
3.4. Acceptable Use Policy.
To ensure compliance, it is essential to adhere to our Acceptable Use Policy, which is included as part of this Agreement by reference. By doing so, you confirm that your User Content and your utilization of the Services align with our Acceptable Use Policy.
3.5. Responsibility for Your Sites and End Users.
Your Sites have the potential to attract visitors, customers, and users, commonly referred to as “End Users.” It is important for you to acknowledge and agree to the following points:
a) Your Sites and your End Users are solely your responsibility.
b) You hold full responsibility for providing products, services, and support to your End Users.
c) Compliance with applicable laws or regulations regarding Your Sites and/or your End Users rests entirely on you.
d) The creation, sharing, or operation of Your Sites may be subject to limitations based on the presence of Licensed Content, as defined and described in our Product Specific Terms.
Please note that we are not liable for, and will not provide legal advice concerning, Your Sites or your End Users. It’s important to understand that this provision does not limit or impact any separate liability we may have to you for breaches of other provisions within this Agreement.
3.6. Responsibility for Your Videos.
You recognize and consent to the following:
a) Your Videos are entirely your responsibility.
b) You bear sole responsibility for adhering to any applicable laws or regulations concerning Your Videos.
c) Your ability to create, share, or utilize Your Videos may be subject to restrictions due to the presence of Licensed Content.
Please be aware that we are not liable for, and cannot offer legal advice regarding, Your Videos. It’s important to note that this provision does not limit or impact any separate liability we may have to you for breaches of other provisions within this Agreement.
4. User Content
Wiblion hosts a significant amount of user-generated content, including content uploaded by users like yourself. Please note that Wiblion is not liable for this user-generated content.
The Services and sites created using the Services may include User Content that may be offensive, contain errors, violate intellectual property rights, privacy rights, or other rights, be harmful to computers or networks, be unlawful, or be subject to additional terms and policies of third parties. Wiblion does not endorse or guarantee the accuracy, usefulness, lawfulness, or non-harmfulness of User Content. Wiblion is not liable for any User Content uploaded, posted, published, or made available via the Services by you or other users. It is your responsibility to take precautions to protect yourself, your accounts, and your computer or network from User Content accessed through the Services.
5. Divi Visual builder Integration
Divi Builder is a powerful website design software that allows users to easily create and customize websites. Wiblion, a hosting solutions provider, has integrated Divi Builder into its platform to offer users a comprehensive website solution package. However, Divi Builder is owned by Elegant Themes, and users accessing it through Wiblion do so under a license provided by Wiblion. This license is tied to Wiblion’s services, and users do not hold ownership rights. As an user, you have the right to seek direct assistance from Wiblion regarding Divi visual builder, and Wiblion will respond accordingly to these requests.
5.1. About Divi Builder
Divi Builder is a powerful website design software that enables users to effortlessly create and customize their websites. It is developed and commercially offered by Elegant Themes (www.elegantthemes.com), a renowned company based in San Francisco, US. Elegant Themes has established itself as a leader in the industry, providing top-notch design solutions for WordPress users worldwide.
5.2. Divi Builder as an Extension of Wiblion
Wiblion, as a leading provider of hosting solutions, recognizes the value of Divi Builder and has integrated it into its platform to offer users a comprehensive website solution package. By integrating Divi Builder into its services, Wiblion aims to empower users with an intuitive and user-friendly interface that allows them to design and manage their websites efficiently.
It is important to clarify that while Divi Builder is seamlessly integrated into the Wiblion platform, it does not directly belong to Wiblion. Elegant Themes retains full ownership and control over Divi Builder, ensuring ongoing development, distribution, and support. Users accessing Divi Builder within the Wiblion platform do so under a license provided by Wiblion.
5.3. Ownership and Licensing
Under the terms of this license, users are granted the privilege to utilize Divi Builder within the scope of Wiblion’s services. However, it is crucial to note that the Divi Builder license remains the sole property of Wiblion. Users do not hold any ownership rights or claim over the license.
5.4. License Restrictions
To protect the integrity and exclusivity of the license, Wiblion strictly prohibits the transmission or resale of the Divi Builder license to users or any third parties. The license granted to users is tied to their usage of Wiblion’s services and is subject to Wiblion’s terms of service. Users must comply with these terms to ensure proper and lawful utilization of Divi Builder.
5.5. Media, fonts and icons resources
Divi Builder comes with a wide range of built-in icons, fonts and media files that are included as default features depending on the site templates installed on your website. These resources are part of Divi Builder’s offering, and Wiblion does not hold any ownership or proprietary rights over them. Users can use these resources exclusively on their websites within the Divi Builder framework, irrespective of their affiliation with Wiblion’s platform.
5.6. Assistance and Support
5.6.1. License Limitations and Wiblion’s Responsibility
As users of Divi Builder within the Wiblion platform, it is essential to acknowledge the license limitations that govern its usage. In light of these limitations, Wiblion assumes the responsibility of providing assistance and support to users who require help with Divi Builder. Wiblion recognizes the importance of assisting users in maximizing their experience with Divi Builder while ensuring compliance with licensing agreements.
5.6.2. Seeking Assistance from Wiblion
Users have the right to seek guidance and support from Wiblion regarding any questions or concerns related to Divi Builder. Wiblion encourages users to reach out for assistance by utilizing the designated help section within their Wiblion account, which serves as a primary channel for users to submit inquiries and receive timely responses from Wiblion’s support team. It’s important to note that the availability of certain features within Divi Builder may vary depending on the web plan chosen by the user. Wiblion’s support team is well-equipped to provide guidance and clarification regarding the specific features included in each web plan, ensuring that users have a clear understanding of the available functionalities and how to make the most of their chosen plan.
5.6.3. Accessing Wiblion Documentation
To further aid users in their usage of Divi Builder, Wiblion provides comprehensive documentation within their platform. This documentation serves as a valuable resource, offering detailed instructions, tutorials, and troubleshooting guides to address common issues and queries. Users are encouraged to consult the Wiblion documentation, which is specifically tailored to their hosting environment and integration of Divi Builder.
5.6.4. Direct Documentation from Elegant Themes
In addition to Wiblion’s documentation, users also have access to the official documentation provided by Elegant Themes, the creators of Divi Builder. Elegant Themes’ documentation provides extensive information on utilizing Divi Builder’s features and functionalities, including best practices, tips, and advanced techniques. Users can leverage this resource to gain deeper insights into Divi Builder’s capabilities.
5.6.5. Wiblion’s Assistance and Visual Builder
While Wiblion is committed to providing comprehensive assistance, it is important to note that they do not directly interfere with the visual builder used by users. Wiblion’s support is primarily focused on addressing technical queries, licensing-related matters, and providing guidance for using Divi Builder within the Wiblion platform. Users retain full control and responsibility for designing and customizing their websites using the visual builder. Also, by offering robust assistance and support, both through their own documentation and the resources provided by Elegant Themes, Wiblion aims to ensure that users can leverage the full potential of Divi Builder while staying within the boundaries of their license. It is recommended for users to utilize the available assistance channels and resources to enhance their Divi Builder experience and resolve any queries they may encounter.
5.6. Termination of Wiblion Services
In the event that users decide to discontinue using Wiblion’s hosting services, it is important to understand that the Divi Builder license remains with Wiblion. Upon termination of the Wiblion account, users will no longer have access to Divi Builder through the platform. To continue using Divi Builder independently, users will need to purchase their own license directly from Elegant Themes.
6. Intellectual Property
Wiblion is safeguarded by multiple intellectual property laws. This section provides details regarding our ownership rights and our approach to sharing.
6.1. Ownership of Wiblion
The Services provided by Wiblion are protected by relevant copyright, trade secret, trademark, and other foreign laws. This Agreement does not grant you any rights, titles, or interests in the Services, other users’ content, our trademarks, logos, brand features, intellectual property, trade secrets, or any other content within the Services. It is important to refrain from modifying, translating, creating derivative works, or infringing upon the Services or other users’ content.
6.2. Free Use of Feedback
We value and appreciate your feedback, ideas, or suggestions (“Feedback”). By providing us with Feedback, you acknowledge and agree that we may utilize it freely, without any restrictions or obligations to you, even after the termination of this Agreement. Please note that this provision does not limit or affect any rights you may have under applicable data protection laws.
6.3. Demo Content
Wiblion may offer website templates provided by Elegant Themes, or other products that contain demonstration content, such as text, photos, images, graphics, audio, and video (“Demo Content”), to inspire and provide ideas. Unless expressly stated otherwise, the Demo Content or any portion thereof may not be retained on Your Site or within Your Videos, nor distributed, publicly displayed, publicly performed, or published in any manner.
The Services include various templates for social media, websites, or other purposes (“Templates”). These Templates encompass Demo Content, designs, layouts, stickers, stamps, overlays, elements, and other materials. Wiblion does not retains direct ownership of these Templates, but you are prohibited from using the Templates in a manner that competes with the Services offered by Wiblion, as determined solely by us.
6.5. Beta Services
Wiblion may introduce and release new products and features that are still in the testing and evaluation phase. Such Services will be clearly identified as beta, preview, early access, or with similar designations, indicating that they may not be as reliable as our other established Services.
7. Wiblion´s rights
To maintain the effective operation and uphold the security and integrity of Wiblion, it is crucial for us to maintain control over our services.
7.1. Our Authority to Take Necessary Actions
We maintain the following rights, which we may exercise at our discretion, without incurring any liability or providing prior notice to you (unless prohibited by applicable law):
(a) Alter specific aspects or the entirety of the Services and their functionalities.
(b) Temporarily suspend or permanently discontinue specific aspects or the entirety of the Services.
(c) Terminate, suspend, restrict, or disable your access to or usage of specific aspects or the entirety of the Services.
(d) Terminate, suspend, restrict, or disable access to your Accounts, Your Site, or your User Content.
(e) Revise our eligibility criteria for utilizing the Services and, if such alterations contravene local laws in your jurisdiction, withdraw your right to use the Services in that particular region.
7.2. Resolution of Ownership Disputes
In situations where there is a disagreement regarding the ownership of an Account or website, such as conflicts between businesses and their employees or between clients and web designers, our general approach is to refrain from interfering. However, we retain the authority, at our sole discretion and without prior notification, to establish the rightful ownership of an Account or site and transfer it to the rightful owner. Our determination in such cases is conclusive and final. If we are unable to reasonably determine the rightful owner, we may temporarily suspend an Account or site until the conflicting parties reach a resolution. Additionally, we may request supporting documentation, such as a government-issued identification, credit card statement, or business license, to facilitate the process of determining rightful ownership.
7.3. Secure HTTPS Encryption
We are pleased to provide the option of HTTPS encryption for Your Sites. By registering a custom domain through our Services or linking a custom domain to our platform, you grant us permission to generate and maintain a certificate exclusively for the purpose of enabling HTTPS for Your Sites.
8.2. Adherence to Laws on Data Protection, Security, and Privacy
8.2.1. Privacy Policies on Your Sites
8.2.2. Cookies and Similar Technologies
8.3. Compliance with Industry-Specific Regulations
If your utilization of the Services necessitates adherence to industry-specific regulations such as HIPAA, GLBA, or FERPA (collectively referred to as “Industry-Specific Regulations”), it is your sole responsibility to comply with those regulations, unless Wiblion has explicitly granted written consent otherwise. You may not subject Wiblion to an Industry-Specific Regulation without obtaining prior written consent. For instance, using the Services to collect, use, disclose, protect, or handle “protected health information” (as defined in 45 C.F.R. §160.103) is strictly prohibited unless your Account is specifically designated as HIPAA-enabled, and you enter into a separate business associate agreement with Wiblion.
8.4. Protection and Enhancement of the Services
Wiblion values intellectual property rights and takes prompt action on copyright infringement claims, including termination of accounts. Users can submit a notice of infringement with specific information. Wiblion may remove infringing material and forward the notice to the user responsible. If wrongly accused, users can send a counter-notification with required details. Wiblion may restore material if no legal action is taken within ten days.
Wiblion holds great regard for intellectual property rights and expects all users to demonstrate the same level of respect. In response to claims of copyright infringement through the use of our Services, Wiblion promptly takes action. In accordance with applicable law, such as the Digital Millennium Copyright Act of 1998, Wiblion reserves the right to terminate the accounts of repeat copyright infringers under appropriate circumstances. Furthermore, we retain the sole discretion to terminate any account that engages in actual or apparent copyright infringement.
To submit a notice of claimed copyright infringement, please provide the following information:
1. Identification of the copyrighted work alleged to have been infringed (e.g., a link to your original work or a clear description of the materials being infringed upon).
2. Identification of the infringing material and sufficient information to enable Wiblion to locate it on the Services.
3. Your contact information, including your name, address, telephone number, and email address.
4. The following statements:
“I hereby declare that, to the best of my knowledge, the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
“I hereby affirm that the information in this notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.
Please send this notice, completed with all the required items, to email@example.com. Alternatively, you may mail the notice to the following address:
Wiblion Group S.C.G.J
Attention: Copyright Agent
C/ República Argentina 20-1
Pontevedra, 36201 – Spain
Wiblion’s response to notices of alleged copyright infringement may involve removing or restricting access to the allegedly infringing material. Kindly note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content.
It’s important to be aware that under applicable law, including 17 U.S.C. § 512(f), you may be held liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that material or activity is infringing. If you are uncertain about whether the material you are reporting is indeed infringing, it is advisable to consult an attorney before submitting a notification to us.
If you believe in good faith that a notice of copyright infringement has been erroneously filed against you, you have the option to send us a counter-notification. To submit a counter-notification, please respond to our original email notification of removal and provide the following information:
1. Identification of the material that was removed or disabled and its previous location (the description from the copyright notice will suffice).
2. Your name, address, and telephone number.
3. A statement affirming your consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and your acceptance of service of process from the person who provided the original notification or an agent of such person.
4. The following statement:
“I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. A physical or electronic signature (typing your full name will suffice).
Upon receiving a valid counter-notification, Wiblion will forward it to the notifying party who submitted the original notice of infringement. The notifying party will then have ten business days to inform us if they have initiated legal action regarding the allegedly infringing material. If no such notification is received within ten business days, we may restore the material to the Services.
Please note that we may modify this Copyright Policy periodically, and the most up-to-date version will be posted on our website.
10. Paid Services And Fees
Certain aspects of our Services require payment, referred to as “Paid Services.” The fees associated with these Paid Services will be clearly communicated to you prior to being charged. You retain the option to cancel Paid Services at any time through the Services. Failure to make timely payments for Paid Services may lead to the suspension or termination of your access to those services. Kindly note that each Paid Service may have distinct fees and payment schedules, and canceling one Paid Service does not automatically cancel all other Paid Services linked to your account.
Unless otherwise stated, all fees for our Services exclude applicable taxes. It is your responsibility to settle any relevant taxes, and we will add taxes to the fees as required by law. If you possess tax-exempt status, you must provide valid documentation for tax exemption, which we will review and assess for validity. If we have a legal obligation to pay or collect indirect taxes related to your purchase, you are responsible for remitting those taxes. In cases where we are not obligated to pay or collect indirect taxes on the sale of Paid Services to you, you may be required to self-assess and pay such taxes in compliance with your country’s regulations.
10.3. Automatic Subscription Renewals
To ensure uninterrupted service, certain Paid Services will be automatically billed to you according to the specified renewal period or amount until you choose to cancel. The renewal period will match your current subscription period. By accepting this Agreement, you authorize us to charge the applicable amount using your stored payment method. You will receive advance notice on the first renewal if a Paid Service includes automatic renewal payments, and you have the option to cancel yoursubscription at any time through the Services. Wiblion is not liable to provide constant notification of each recurring subscription renewal and is your sole responsibility to review your bank account statements and subscription renewal email notifications to keep up-to date with the status of your subcription.
Free trial periods do not involve any charge during the trial period. I you cancel you subscription before your trial period ends, you will not be charged.
Please be aware that refund requests will be evaluated and granted solely at the discretion of Wiblion, unless a legal mandate dictates otherwise. It is important to note that certain Paid Services may include a free trial period. During this trial period, applicable statutory cancellation rights may not entitle the user to a refund, as Wiblion does not charge any fees for trial periods.
We fully acknowledges and respect your freedom to cancel any Paid Services at your discretion. However, it is essential to understand that once a subscription has expired and the user has availed themselves of the associated services, Wiblion is not obligated to grant a refund. The expiration of the subscription signifies the completion of the agreed-upon service period, and any services provided during that time are considered to have been fulfilled. Wiblion shall not assume any liability for refunding subscriptions that have reached their expiration and have been fully enjoyed by the user. Furthermore, it is important to note that refunds for domain subscriptions cannot be provided due to the refund policies imposed by domain registrants.
Additionally, with regards to domain subscriptions, refund requests are subject to the refund policies established by the respective domain registrants. As Wiblion is bound by these policies, we are unable to offer refunds for domain subscriptions once they have been processed. This statement is bound to the Domain contracting Policy of Wiblion, where you will be able to find more details.
10.5. Fee Adjustments
We retain the right to modify our fees at any time, but we will notify you in advance through the Services. Fee adjustments will not be applied retroactively. If you do not agree with the fee changes, you have the option to reject the changes by canceling the relevant Paid Service before your next payment date.
In the event that you initiate a Chargeback with your bank or credit card company to reverse a payment, we reserve the right to terminate your Account automatically. We encourage you to reach out to Customer Support before proceeding with a Chargeback if you have any payment-related inquiries. We also retain the right to dispute any Chargeback.
10.7. Payment Processing
11. Term And Termination
Both parties have the right to terminate this agreement at any time.
12. Warranty Disclaimers
While we put in considerable effort to ensure the excellence of Wiblion, it is important to note that the services are provided on an “as is” basis, without warranties.
12.1. Limitation of Warranties
Wiblion offers the Services on an “as is” and “as available” basis, without providing any warranties, whether express or implied. We do not make any warranties regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee that the Services will be timely, uninterrupted, error-free, meet your specific requirements or expectations, or be free from viruses or other harmful components. Any advice or information obtained from Wiblion, whether oral or written, does not create any warranty.
In some jurisdictions, to the maximum extent allowed by applicable law, the disclaimers will still apply. You may have other statutory rights that are not affected by this Agreement, and this Agreement does not limit any rights you may have under mandatory laws. If any legally required warranties exist, their duration will be limited to the maximum extent permitted by applicable law.
13. Limitation of Liability
In the event of any negative consequences arising from your use of Wiblion, our liability is limited and capped.
If you are not an EU Consumer, it’s important to note that Wiblion and its affiliates, directors, officers, employees, and agents will not be held liable for certain claims arising from the use of the Services or this Agreement. Wiblion and its affiliates, as well as its and their directors, officers, employees, and agents, will not be liable for:
(a) Indirect, special, incidental, exemplary, punitive, or consequential damages;
(b) Loss of profits, revenue, data, goodwill, or other intangible losses;
(c) Losses related to your access to, use of, or inability to access or use parts or all of your Account, Your Sites, or parts or all of the Services, including interruption of use or cessation or modification of any aspect of the Services;
(d) Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access, or unauthorized alteration of any content, information, or data, including User Content and Your eCommerce data;
(e) User Content or other conduct or content of any user or third party using the Services, including defamatory, offensive, or unlawful conduct or content;
(f) Third Party Services or third-party sites accessed via the Services.
If you are an EU Consumer, we are committed to providing the Services with a reasonable level of care. However, we want to clarify that we will not be held liable for losses that were not reasonably foreseeable as a result of our breach of this Agreement, except in cases of death or personal injury caused by our negligence or fraud. These limitations of liability apply to all possible legal theories, including warranty, contract, tort, negligence, strict liability, or any other legal basis, even if Wiblion has been made aware of the potential for such damages. In no event shall Wiblion’s total liability for all claims arising from or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amount paid by you to Wiblion in the twelve (12) months immediately preceding the event that led to the claim.
If you are an EU Consumer, Wiblion is liable under statutory provisions for intent and gross negligence.
If any actions on our part result in a legal claim against Wiblion, you will assume responsibility for covering your associated expenses and providing the necessary support.
You agree to indemnify and hold Wiblion and its affiliates, directors, officers, employees, and agents harmless from any losses (referred to as “Losses”) arising from the following:
(a) Your violation of this Agreement;
(b) Your User Content, Your Sites, and Your eCommerce;
(c) Claims made by or against your End Users;
(d) Your infringement of any law or regulation, or the rights or reputation of any third party;
(e) Claims by tax authorities in any country relating to Your eCommerce activities, including sales to individual consumers and other operations for which Wiblion may be held responsible.
Your obligation to indemnify does not apply to the extent that it is directly caused by our breach of this Agreement.
15. Applicable Law and Jurisdiction
These terms and conditions are governed by Spanish legislation, including the LSSI-CE, L.S.S.I., and L.O.P.D.
16. Dispute Resolution
This section applies to certain users and describes the procedure for resolving disputes with Wiblion.
This section applies to the following users:
(a) Non-EU Users who are not EU Consumers; or
(b) EU Consumers who file a claim against Wiblion, unless in conflict with Section 16.2.
16.2. Informal Resolution
Before initiating a formal claim against Wiblion, you agree to make an effort to resolve the dispute informally by contacting firstname.lastname@example.org and providing a description of your claim. Wiblion will make reasonable attempts to resolve the dispute through email, phone, or other means. If the dispute cannot be resolved within thirty (30) days of Wiblion receiving your initial email, either you or Wiblion may proceed with a formal proceeding.
16.3. Arbitration Agreement
Unless you choose to opt out within the Opt-Out Period as described in Section 15.4, you and Wiblion agree to resolve any claims or disputes related to this Agreement or the Services through arbitration. This means that formal court proceedings, including a trial by jury, are waived. Arbitration is a final and binding process conducted by an independent third-party arbitrator. Discovery and rights to appeal in arbitration may be limited compared to a lawsuit.
16.4. Arbitration Opt-Out
You have the option to opt out of the arbitration agreement by sending an email to email@example.com within thirty (30) days from the date you initially agreed to this Agreement. The email must be sent from the email address associated with your Account and include your full name, residential address, and a clear statement expressing your desire to opt out of arbitration. If you choose to opt out, Sections 15.3, 15.5, 15.6, and 15.7 of these Terms will not apply to you. Opting out of arbitration does not affect other sections of the Terms, including Sections 15.9 (Time for Filing), 15.10 (No Class Actions), and 16.2 (Controlling Law; Judicial Forum for Disputes). For further clarification, you can contact firstname.lastname@example.org.
16.5. Arbitration Time for Filing
Any arbitration must be initiated by filing a demand for arbitration within one (1) year from the date you first became aware or reasonably should have become aware of the act, omission, or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, the claim must be made within the shortest time period allowed by applicable law.
16.6. Arbitration Procedures
The arbitration process will be administered by Spanish courts in accordance with the Spanish courts Streamlined Arbitration Rules & Procedures (“Spanish Courts Rules”) that are in effect at the time of the dispute.
16.6.1. Non-EU CONSUMERS
If you are a Non-EU User, arbitration hearings will take place at a mutually agreed location in Madrid, Spain. The arbitration will be conducted in Spanish and presided over by a single commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator must abide by this Agreement and can award the same damages and relief as a court, including reasonable attorneys’ fees and costs. However, the arbitrator cannot grant declaratory or injunctive relief benefiting anyone other than the parties involved in the arbitration. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction.
16.6.2. EU Consumers
If you are an EU Consumer who brings a claim against Wiblion, arbitration hearings will take place at a mutually agreed location in Madrid, Spain. The arbitration will be conducted in Spanish and presided over by a single commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator will be selected from the appropriate list of arbitrators. The arbitrator must abide by this Agreement and can award the same damages and relief as a court, including reasonable attorneys’ fees and costs. However, the arbitrator cannot grant declaratory or injunctive relief benefiting anyone other than the parties involved in the arbitration. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction.
16.7. Arbitration Fees
The payment of all arbitration fees will be governed by the Spanish Courts Rules. Wiblion will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
16.8. Exceptions to Arbitration Agreement
Despite the arbitration agreement, either you or Wiblion may bring a lawsuit solely for injunctive relief to prevent unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (such as trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described earlier.
16.8.1. Non-eu consumer
If you are a Non-EU Consumer who brings a claim against Wiblion, such claims that qualify must be asserted in small claims court in Madrid, Spain.
16.8.2. EU Consumers
If you are an EU Consumer who brings a claim against Wiblion, such claims that qualify must be asserted in small claims court in Madrid, Spain.
16.9. Time for Filing
Any claim that is not subject to arbitration must be initiated within one (1) year from the date the party asserting the claim first becomes aware or reasonably should know of the act, omission, or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
16.10. No Class Actions
Disputes with Wiblion can only be resolved on an individual basis, and you are prohibited from bringing a claim as a plaintiff or class member in a class, collective, consolidated, or representative action. Class actions, class arbitrations, collective actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
17. Additional terms
This section contains crucial terms that require your attention. First and foremost, this Agreement encompasses the complete understanding between you and Wiblion pertaining to your use of our services. The jurisdiction governing this Agreement is mainly determined in Spain. In the event that we introduce substantial changes to the Agreement that curtail your rights, we will provide you with prior notice and the opportunity to terminate the agreement. It is important to note that in case of any inconsistencies between translated versions and the English version of this Agreement, the English version holds legal authority.
17.1. Entire Agreement
This Agreement constitutes the entire understanding between you and Wiblion regarding the subject matter herein and supersedes any prior or contemporaneous agreements, terms, and conditions relating to such subject matter. You acknowledge that you have not relied on any term, condition, statement, warranty, or representation not expressly stated in this Agreement, and you have no recourse for such. Additionally, when using other services, including Third Party Services, you may be subject to additional terms, policies, or agreements. This Agreement does not confer any rights to third-party beneficiaries, and no third party shall have the right or standing to claim benefits or bring legal action to enforce this Agreement, unless otherwise agreed upon in additional terms between you and a Wiblion group S.C.G.J company explicitly stating their third-party beneficiary rights to enforce this Agreement.
17.2. Controlling Law; Judicial Forum for Disputes
17.2.1. EU CONSUMER
If you are a EU User or Consumer, this Agreement, including its existence, formation, operation, and termination, as well as any disputes and matters arising from or related to this Agreement and the Services, shall be governed by the laws of Spain, without regard to its conflict of law provisions. However, in case of any conflict between the Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE), Law on Services of the Information Society (L.S.S.I.) and the Organic Law on Data Protection (L.O.P.D. ), these laws shall prevail. If Section 15 does not apply to you or your claim, or if you choose to opt out of arbitration pursuant to Section 15.4, you and Wiblion agree that any judicial proceeding arising from or related to this Agreement, excluding small claims actions, must be exclusively brought in the Spanish courts. Both you and Wiblion consent to the jurisdiction and personal jurisdiction of such courts.
17.2.3. NON-EU Consumers
If you are an Non-EU Consumer and Section 15 does not apply to you or your claim, you and Wiblion agree that any judicial proceeding arising from or related to this Agreement, including its existence, formation, operation, and termination, and/or the Services, including non-contractual disputes and matters, may only be brought in a court located in Spain or a court with jurisdiction in your habitual residence. If you are an Non-EU Consumer and Wiblion wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you habitually reside.
17.3. EU Online Dispute Resolution
If you are an EU Consumer, you have the option to access the European Commission’s online dispute resolution platform. Please note that Wiblion is not obligated to use an alternative dispute resolution entity to resolve disputes with you.
17.4. Waiver, Severability, and Assignment
Our failure or delay in enforcing any provision of this Agreement does not constitute a waiver of our right to enforce it later. If any provision of this Agreement is deemed unenforceable, the remaining provisions will remain in full effect, and an enforceable provision that reflects our intent as closely as possible will be substituted. You may not delegate, transfer, or assign this Agreement or any of your rights or obligations without our prior written consent, and any such attempt will be void. We reserve the right to delegate, transfer, or assign this Agreement or our rights and obligations to our affiliates, subsidiaries, or any purchaser of our business or assets associated with the Services, with a thirty (30) days prior written notice. If you are an EU Consumer, we will ensure that any delegation, transfer, or assignment does not adversely affect your rights under this Agreement.
We may make modifications to this Agreement, and the most current version will be posted on our website. If a modification significantly reduces your rights, we will notify you through means such as email or prominent notice within the Services. The notice will specify a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after the effective date of any modifications, you agree to be bound by the modified Agreement and any associated price changes. If you disagree with the changes, you must cease using the Services and cancel any Paid Services.
17.6. Events Beyond Our Control
We will not be in breach of this Agreement or liable to you if the performance of the Services is partially or completely hindered by circumstances beyond our reasonable control. Such circumstances may include acts of God, fire, government regulations, war, civil unrest, terrorism, pandemics, insurrection, inability to communicate with third parties, computer system failures, transmission delays, internet service provider failures, strikes, labor disputes, or any other reason beyond our reasonable control.
This Agreement was originally drafted in English. We may provide translations of this Agreement in other languages. In the event of any conflict between a translated version and the English version, the English version will prevail unless prohibited by applicable law.