Effective Date: May 5, 2020
Wallbox offers an electronic 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.
a) “Hardware” means the Wallbox hardware, components, and accessories.
b) “Embedded Software” means embedded software and firmware within the Hardware.
c) “Website” means the Wallbox website (www.wallbox.com).
d) “Service” means Wallbox’s online service for control of charging functions of intelligent charging Hardware devices accessible locally on a network and remotely through the Internet via the myWallbox Portal on the Website or Wallbox’s App. Wallbox has a basic version of the Service and a premium version with additional features (the “Premium Service”).
e) “App” means Wallbox’s mobile application for control of charging functions of intelligent charging Hardware devices.
f) “myWallbox Portal” means Wallbox’s portal portion of the Website that allows users to control charging functions of intelligent charging Hardware devices and manage general account functions.
3.2. 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.
3.4. The User shall be liable for the use of the Service he/she makes or anyone makes using his/her user name and password.
3.6 If you wish to use the Premium Service, you must pay our-then current service fee for the paid-tier of the Service.
4. Underage Users
4.1. 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.
4.2. 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.
5. Accessing the Service through the App and Software Licenses
5.1. 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.
5.2. 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.
5.4 You shall not use or copy the Embedded Software or App for purposes other than those permitted in Section 5.3. You shall not sell, rent, lease, or sublicense the Embedded Software App. You shall not transfer the Embedded Software except as part of a transfer of the Hardware itself. You shall not transfer the App. You shall not decompile, disassemble, reverse engineer, modify, or create a derivative work of the Embedded Software or the App. You have no right to inspect, possess, use, copy, or attempt to discover the source code (or any portion thereof) used to create the Embedded Software or App (“Source Code”), except to the extent that you are expressly permitted to decompile the Embedded Software or App under applicable law and you notify Wallbox of your intention to decompile the Embedded Software or App and your reason to do so.
5.5 Manuals and documentation for the Hardware will be provided online. A copy may be printed and duplicated for Your internal use as long as you maintain and do not remove from any copies any proprietary notices included on the online manual and documentation.
6. Features of the Service
7. Use of the Service
7.3. 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 Hardware, 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 Hardware, Website, myWallbox Portal, the App, or the Service to violate applicable laws; this agreement is void where prohibited.
c) Use, copy, or republish the Website or its content, or make the Embedded Software, App, or Service available to third parties, for commercial purposes
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; or
i) Promote products, services or activities of his/her own or third parties for advertising or marketing purposes.
7.4. You agree to indemnify Wallbox and any parent, subsidiary, or affiliate of Wallbox, as well as any of their respective officers, directors, members, employees. or agents against any and all claims, demands, suits, losses, damages, actions, judgments, or expenses (including reasonable attorneys’ fees and costs) arising from or in connection with your violation of any provisions of this Section 7.
8. Intellectual and Industrial Property Rights
8.1. The Hardware, Embedded Software, 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 laws and 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.
8.2. The User must not circumvent any measure or device implemented to protect the intellectual property rights of the Hardware, Embedded Software, Website, myWallbox Portal, App, Service and/or any of their components and/or elements.
9.2. 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.
11. 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.
12. 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 beyond 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.
13. Limited Warranty, Disclaimers, and Limitations of Liability
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 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.
13.3 Wallbox warrants to you, while you have a registered account with it, that the Website, App, and Service perform in accordance with published specifications on the Website.
13.4 EXCEPT AS WARRANTED IN SECTION 13.3, 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.
13.5 THE HARDWARE, INCLUDING THE EMBEDDED SOFTWARE IN IT, IS SUBJECT TO A STATEMENT OF WARRANTY PROVIDED TO YOU WITH THE PURCHASE OF THE HARDWARE, WHICH IS INCORPORATED BY REFERENCE HEREIN AS IF FULLY SET FORTH. YOU ACKNOWLEDGE THAT THE STATEMENT OF WARRANTY’S DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY TO YOUR USE OF THE HARDWARE.
14. Limitation of Liability
15. Term and Termination
15.2 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 email address.
16. Written Communications
17. Applicable Law
18.1. If the User wants to contact with the customer service for assistance, he/she can use the following means:
Sending an electronic mail to the address [email protected].
Sending mail to Wallbox USA Inc., 800 West El Camino Real, Suite 180, Mountain View, CA 94040.
19. Dispute Resolution