Effective Date: July 1, 2019
Wallbox Chargers SL. (“Wallbox”) offers an electric vehicle charging solution for home and business users with hardware and an online service for control of charging functions of intelligent charging devices that is accessible locally on a network and remotely through the Internet via this website and a mobile application.
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS IN SECTION 18. THE TERMS IN SECTION 18 AFFECT YOUR RIGHTS REGARDING RESOLVING DISPUTES WITH WALLBOX. ACCORDINGLY, YOU SHOULD REVIEW IT CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT ALLOWED TO USE WALLBOX’S SERVICES
1. The Service and its Owner
This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (support.wallbox.com) (the “Website”) and the Wallbox service (“Service”) with information processing facilities supporting control of electronic vehicle charging devices, made available via the myWallbox portal on this website (the “myWallbox Portal”), the WALLBOX mobile application (the “App”), and any other current or future applications, support or devices through which the Service can be accessed.
By using this Website, the App, or the Service, you the user (“You” or “User”) agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated by reference in these Terms of Use. So if you do not agree with all the terms and conditions of this Terms of Use Document and the Privacy Policy, you should not use this Website.
2. Users
2.1. The access to certain features of the Service will require the prior registration of the User and the creation of a “myWallbox” account, with the express agreement to these Terms of Use. The creation of the account will allow the User to benefit from intelligent data management features according to the Services package chosen from among those offered by WALLBOX.
2.2. In the registration procedure, the User must fill the relevant forms of the Website or the App. The data entered by the User must be accurate, true, current and complete, and it is the responsibility of the User to keep such data up to date. The User is responsible for the secrecy of his/her password and is liable for any damage arising from the unauthorized use, access, disclosure or loss thereof. Any use of a User account with the User’s correct user name and password will be considered to have been made by the User holding such account, who shall in any case be liable for this use and access.
2.3. The “myWallbox” account User is entitled to authorize third parties to use the Service via the User’s account, by creating User subaccounts that such third parties can use. Such third parties shall be considered, for all purposes and intents, Users of the Service, and are bound by these Terms of Use. Only the holder of a “myWallbox” master account can create such subaccounts, and in so doing he/she undertakes to inform to all authorized persons of the compliance requirements regarding these Terms of Use, and he/she is solely responsible for the compliance of such Terms of Use by all of them.
2.4. The User shall be liable for the use of the Service he/she makes or anyone makes using his/her user name and password.
2.5. Likewise, the User will comply with these Terms of Use and other notices, rules of use and directions provided by Wallbox to Users.
3. Under Age Users
3.1. The Website, App, and Service are for adults. Minors can be a User only if he/she only under the authorization and full responsibility, and as a subaccount User, of a parent or legal guardian.
3.2. WALLBOX shall not be liable in any case whatsoever of any damages arising from the use of the Service by minors authorized to use the Service by a User.
4. Accessing the Service through the App
4.1. WALLBOX makes an App available to the Users for accessing and using the Service through smartphones, tablets, smart watches and any other type of mobile devices (hereinafter “Mobile Devices”). Android and iOS versions of the App shall be available for download at the applicable app store, which will offer the information about the Service, including description, features and functions of the App and the technical requirements for its installation and use.
4.2. After downloading the App, the User can register and create his/her “myWallbox” account following the directions provided, and this will give him/her access to the features of the Service requiring registration.
5. Features of the Service
5.1. Through the Service, Users can use the Service via any of the Devices for which Wallbox offers the App. The Devices are designed to collect data and information aimed to optimize the management of the electric charging by the Users of the Service, but only Users registered pursuant to these Terms of Use may make use of the Service and Wallbox’s intelligent charging management system.
5.2. In order to improve the Service, WALLBOX may unilaterally change at any time and without notice any component and/or element of the Website, myWallbox Portal, App, Service, or their operation, or technical and use conditions. Likewise, Users, in order to improve the Service, may suggest to WALLBOX any changes that they deem useful, as well as to obtain any additional information or solve their doubts, complaints or suggestions, by contacting WALLBOX at the email address in the header of these Terms of Use. Nonetheless, Wallbox’s acceptance of suggestions does not imply any obligation for WALLBOX. Moreover, if a User provides any ideas, suggestions or recommendations to Wallbox (“Feedback”), Wallbox shall have a perpetual worldwide license to copy, retain, use and incorporate such Feedback in its services or products, without payment of royalties or other consideration to the User.
6. Use of the Service
6.1. The Users undertake not to use the Service for purposes that are illegal, in violation of these Terms of Use, damaging to the interests of third parties or WALLBOX, or that can damage or impair in any way whatsoever WALLBOX reputation, or prevent the normal use or enjoyment of the Service.
6.2. The User can only use the Service for personal purposes and within the scope set forth in these Terms of Use. The User shall not carry out any activity that can damage the Service and/or its operation or development.
6.3. In addition to the above, and particularly but not limited to it, the User shall refrain from using the Service to:
a) Upload or transmit to Wallbox any user content or engage in conduct on the Website, using the App, or with the Service constituting a breach of, or threat to, the security of the Website, myWallbox Portal, the App, or the Service, including but not limited to any electronic information containing software designed to damage or disrupt a system, such as a virus, worm, or Trojan Horse.
b) Obtain or attempt to obtain unauthorized access to anyone else’s account.
c) Use the Website, myWallbox Portal, the App, or the Service to violate applicable laws; this agreement is void where prohibited.
d) harass or disturb third parties and/or violate their privacy.
e) impersonate the identity of other users or third parties; ;
f) spy on other users or third parties;
g) inform third parties of the location of other users;
h) damage the reputation, image and good name of other users or third parties; and
i) promote products, services or activities of his/her own or third parties for advertising or marketing purposes.
6.4. WALLBOX reserves the right to block the access of the User or delete his/her account, as well as to take any legal actions as may be appropriate, in the event the User violates the provisions of these Terms of Use.
7. Intellectual and Industrial Property Rights
7.1. The Website, myWallbox Portal, App, and Service, as well as all the components and/or constituent part of the same, including but not limited to, devices, technologies, source code, designs, text, trademarks, logos, videos, and images, are protected by intellectual property rights. Wallbox and its licensors are the owners of the relevant intellectual and industrial property rights in the same and/or have obtained for their use the relevant authorizations or permits from the third parties that are the owners thereof. Thus, Users shall take no actions to violate the intellectual property rights of Wallbox or its licensors or to challenge, oppose, or interfere with any applications by Wallbox or its licensors for intellectual property protection in any of the same.
7.2. The User must not circumvent any measure or device implemented to protect the intellectual property rights of the Website, myWallbox Portal, App, Service and/or any of their components and/or elements.
8. Privacy Policy
8.1. All the personal data collected upon the registration of the User and/or during the use of the Service is subject to Wallbox’s Privacy Policy, which is incorporated by reference herein. The User expressly consents to the processing of his/her personal data for the collection and use of personal data for the purposes described in the Privacy Policy. If you request that we delete all of your personal data, your request will terminate your account and the agreement between you and Wallbox.
8.2. Upon the termination of your “myWallbox” account, we will delete all of your personal data without further notice, unless you expressly authorize retention of personal data for the purpose of sending marketing, promotional and/or advertising communications.
9. Amendments
Wallbox may, from time to time, amend the Terms of Use by posting a new version to the Website. It is the responsibility of the User to regularly check for amendments to the Terms of Use . Your continued use of the Service, Website, or App after posting of the new Terms of Use constitutes your acceptance of the changes to the Terms of Use. If You do not agree to changes to the Terms of Use, you must cancel your account and discontinue use of the Service, Website, and App.
10. Sending Confidential Information through the Service
Any information sent by the User through the Service shall be treated as confidential information. That notwithstanding, Wallbox is entitled to delete such information if it is deemed offensive or inappropriate, as well as respond to administrative or judicial process and allow competent authorities to access such information whether required, provided such access complies with applicable law.
11. Technological Limitations
From time to time, Wallbox maintains the Service and must temporarily interrupt availability of the Service for maintenance. In addition, you acknowledge that, in addition to the aforesaid interruptions, there are many elements that can affect the operation of the Service beyong Wallbox’s control, such as, but not limited to, Internet or other network outages, environmental conditions, network overload, loss of connectivity, actions of third parties’ software, etc. Wallbox is not responsible for the unavailability of the Service due to these events.
12. Limited Warranty, Disclaimers, and Limitations of Liability
12.1. WALLBOX is not liable for decisions taken by the Users as a result of the information offered by the Service, regardless of its origin, nor for the damage caused to the Users or third parties by the use of the Service.
12.2. Wallbox is not liable either for the speed, browsing quality and use of and access to the Service by the User, which depends from the technical conditions contracted by the User with its access provider. Therefore, Wallbox shall not be liable for the unavailability, suspension or cancellation of the access to the Service due to general connectivity issues regarding the Internet or connection issues in the local network used to access the Service and disruptions due to third parties. Wallbox is not liable either for the continuity and availability of the Service when it cannot be guaranteed for reasons beyond Wallbox’s control.
12.3 Wallbox warrants to you, while you have a registered account with it, that the Website and Service perform in accordance with published specifications on the Website.
12.4 EXCEPT AS WARRANTED IN SECTION 12.3, THE SERVICE, THE WEBSITE, THE MYWALLBOX PORTAL, AND THE APP ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WALLBOX AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ARE RESPONSIBLE FOR DETERMINING THAT THE SERVICE, THE WEBSITE, THE MYWALLBOX PORTAL, AND THE APP MEET YOUR REQUIREMENTS, AND HAVE THE QUALITY THAT YOU NEED, AND WALLBOX DISCLAIMS ANY SUCH RESPONSIBILITY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
13. Disclaimer
13.1. WALLBOX is not liable for decisions taken by the Users as a result of the information offered by the Service, regardless of its origin, nor for the damage caused to the Users or third parties by the use of the Service.
13.2. WALLBOX is not liable either for the speed, browsing quality and use of and access to the Service by the User, which depends from the technical conditions contracted by the User with its access provider. Therefore WALLBOX shall not be liable for the impossibility, suspension or cancellation of the access to the Service or connection issues in the network used to access the Service and disruptions due to third parties. WALLBOX is not liable either for the continuity and availability of the Service when it cannot be guaranteed for reasons beyond WALLBOX control.
14. Term
14.1. These Terms of Use will be in force as long as the User keeps his/her “myWallbox” active and/or make use of the Service.
14.2 If your account has been inactive for over 12 months, Wallbox is entitled to terminate your account and its agreement with you by notifying you at your last known address.
15. Written Communications
By accepting these Terms of Use, the User accepts that most of the communications with Wallbox will be electronic. Wallbox will contact the User by electronic mail or by displaying notices in the Service. The User accepts the use of these electronic means of communication and acknowledges that any notice, information and other communications electronically sent by Wallbox comply with any statutory or other legal requirement of being in writing.
16. Support
16.1. If the User wants to contact with the customer service for assistance, he/she can use the following means:
Electronic mail
Sending an electronic mail to the address [email protected].
Postal mail
Sending mail to C/Anabel Segura 7, Planta Baja H, 28108 Alcobendas, Madrid, Spain
17. Applicable Laws and Jurisdiction
17.1. These Terms of Use shall be governed by the laws of Spain without prejudice to the consumers and users protection laws that, the case being, could be applicable.
17.2. In the event of any dispute arising from the provision of the Service, the parties expressly waive their right to any other venue or jurisdiction to which they could be entitled and agree to submit to the Courts of Barcelona.