1. SERVICE & SERVICE HOLDER

    WALL BOX CHARGERS, S.L. (hereinafter, "WALLBOX"), is a trading company holding Tax Id number (N.I.F.) B66542903, located at Calle Josep Ros i Ros, number 21 in Sant Andreu de la Barca, post code 08740, Barcelona, Spain, whose email address is service@wallbox.com, which is duly registered in the Barcelona Companies Register in Volume 44872, Folio 59, General Section, Page B469977, Entry 1.

    WALLBOX is the holder of: the service involving the use of smart electric vehicle charging devices, which encompasses the devices named "WALLBOX PULSAR", "WALLBOX COPPER" and "WALLBOX COMMANDER", as well as any other charging devices it may market (hereinafter, the "Devices"); the website under domain name www.wallbox.com (hereinafter, the "Website"); the "WALLBOX" mobile application (hereinafter, the "Application"); and all elements enabling the provision of the service, including data storage servers, databases, communication protocols and any other technical means (jointly referred to hereinafter as the "Service"). The Devices are also marketed by IBERDROLA CLIENTES, S.A.U.

    IBERDROLA CLIENTES, S.A.U. (hereinafter, IBERDROLA), is a trading company holding Tax Id number (N.I.F.) A95758389, located in Bilbao, Spain, at Plaza Euskadi 5 with registered address in Madrid, Spain, at Calle Tomás Redondo 1. Registered in the Biscay Companies Register in volume 5448, folio 19, page BI-63981, entry 1, with Tax Id number A-95758389. It is registered on the list of electricity and gas sellers held by the Spanish National Securities Market and Competition Commission.

    For more information, please call us on 900 92 92 93 or email us at smartmobility@iberdrola.es

    These terms and conditions of use (hereinafter, the "Terms and Conditions of Use") are binding upon anyone who makes use of the Service (hereinafter, the "User"). Simply using the Service entails the User's acceptance of these Terms and Conditions of Use.

  2. USERS

    1. Access to certain features of the Service will require prior registration by the User and the creation of a "mywallbox" account, which involves expressly accepting these Terms and Conditions of Use. Creating an account will enable the User to take advantage of the smart data management features, depending on the service package chosen from among those offered by WALLBOX.

    2. During the registration process, the User will be required to fill in a form to this end on the Website or in the Application. The data provided by the User must be accurate, true, updated and complete, with the User being responsible for keeping their details up to date. The User is responsible for safeguarding their password and will be liable for any damages that may arise from undue use, assignment, disclosure or misplacement thereof. Access to resitricted or limited access areas and/or use of the Service with a given user profile will be considered to have been made by the User who is the holder of said profile, who will therefore be responsible for such access or use.

    3. The User and holder of a given "mywallbox" account will be entitled to authorise third parties to use the Service by creating sub-accounts. Said parties will also be considered Users of the Service to all intents and purposes and will be required to fully abide by these Terms and Conditions. Only the User and holder of a "mywallbox" account will be entitled to create sub-accounts and, in doing so, undertakes to convey to all authorised parties the need to abide by these Terms and Conditions of Use, making them entirely responsible for compliance herewith.

    4. The User will be responsible for using the Service. Furthermore, the User undertakes to use the Service and/or any of its components and/or elements correctly and suitably. For example, the User undertakes not to make use thereof to allow computer viruses into the network, to use accounts that are not held by the User and, in general, to perpetrate any unlawful or illegal activities or actions against public order or good faith, failing which they may be denied access to the Service.

    5. Similarly, the User undertakes to observe the content of these Terms and Conditions of Use and other warnings, regulations on use and/or instructions that are provided or made accessible to Users.

  3. UNDERAGE USERS

    1. If the User is aged 16 or over, they will be entitled to contract the Service provided they have the necessary legal standing to subscribe and accept these Terms and Conditions of Use of the Service. Underage Users who lack the necessary legal standing to enter contracts will not be entitled to contract the Service, but merely to use the same under the authorisation and full responsibility of a contracting User exerting parental authority or legal guardianship over said underage User.

    2. Neither WALLBOX nor IBERDROLA will be responsible under any circumstances for any damages caused when the Service is used by underage Users.

  4. ACCESS TO THE SERVICE VIA THE APPLICATION

    1. WALLBOX offers Users an Application to access and use the Service on smartphones, tablets, smart watches and any other mobile devices (hereinafter, "Mobile devices"). The Application will be available for download in an Android or iOS version from the corresponding application stores, offering information regarding the Service which includes a description and the features and characteristics of the Application, as well as the technical requirements for installation and use.

    2. Once the Application has been downloaded, the User can proceed to sign up and create a "mywallbox" account by following the instructions provided. This will grant them access to Service features which require prior registration.

  5. SERVICE CHARACTERISTICS

    1. Through the Service, Users can make use of any of the Service Devices. The Devices are intended to gather data and information in order to optimise electricity charging management for Service Users. However, only Users who are registered in accordance with these Terms and Conditions of Use will be able to take advantage of the smart charging management system.

    2. With a view to improving the Service, WALLBOX may decide at any point and without prior warning to unilaterally alter any components and/or elements of the Service or its conditions relating to operation, technical aspects and/or use. Similarly, with a view to improving the Service, Users may make suggestions to WALLBOX regarding modifications they consider useful, as well as seeking any additional information or raising questions, complaints or suggestions by contacting the email address shown in the heading to this document. Nevertheless, this will not give rise to any obligations whatsoever for WALLBOX.

  6. USE OF THE SERVICE

    1. Users undertake not to use the Service for purposes that are unlawful, contrary to the provisions of these Terms and Conditions of Use, detrimental to the rights and interests of WALLBOX and/or third parties including IBERDROLA, or in any way harmful or damaging to the image or reputation of WALLBOX and/or IBERDROLA, or which prevent the normal use and enjoyment of the Service.

    2. The User will only be entitled to use the Service for personal purposes, within the scope of these Terms and Conditions of Use. The User shall not undertake any activity which could damage the Service and/or its operation or development.

    3. Moreover, in addition to the above and merely by way of example, the User shall abstain from using the Service to:

      • harrass or disturb third parties and/or impinge on their privacy;

      • fraudulently claim the identity of another User or third party;

      • spy on other Users or third parties;

      • inform third parties of the whereabouts of other Users;

      • damage the reputation, image or honour of other Users or third parties; and

      • advertise proprietary or third-party products, services or activities.

    4. WALLBOX reserves the right to deny the User access or delete their account if the User should fail to comply with these Terms and Conditions of Use, subject to WALLBOX and IBERDROLA taking any applicable legal action.

  7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

    1. The Service and all of the components and/or elements it encompasses, including but not limited to devices, technology, source code, designs, texts, brands, logos and images, are protected by intellectual and industrial property rights. WALLBOX is the holder of said intellectual and industrial property rights and/or has obtained the relevant authorisations or licences for use from the third-party holders thereof. Therefore, the Service and any of its components and/or elements cannot be used, publicly disclosed, reproduced, distributed, transformed or provided in any way that entails a violation of Spanish, EU or international regulations on intellectual and industrial property rights unless express authorisation has been granted in advance by WALLBOX.

    2. WALLBOX is also the holder of intellectual and industrial property rights over any modifications and/or improvements made to the Service or its components and/or elements as a result of the experience of using the Service, including those arising from suggestions and/or comments made by Users.

    3. The User shall abstain from eluding any means or devices put in place to secure the intellectual and industrial property rights over the Service and any of its components and/or elements.

    4. The User shall also refrain from reproducing, distributing, marketing and/or transforming logos or other intellectual and industrial property rights contained in the Application and its graphic design, as well as any trade names, brands or distinctive signs owned by IBERDROLA, failing which they will be liable for breaching legally protected intellectual and industrial property rights. IBERDROLA will be entitled to take the relevant administrative, civil and/or criminal action in the event of a breach of these rights by the User.

  8. PRIVACY POLICY

    1. All personal data gathered upon the registration of the User and/or whilst using the Service will be included in a file owned by WALLBOX, who will be responsible for the file, the purpose being to use said data to manage and provide the Service, as well as sending any commercial, promotional and/or advertising content linked to WALLBOX products and/or services. The User expressly acepts the processing of their data for said purposes, subject to claiming any rights to which they are legally entitled, particularly concerning access, rectification, erasure and opposition, which they may exercise by sending an email to service@wallbox.com clearly stating their identity and the reason for their request. In any case, where the provision of the Service requires the registration of the User and access to certain personal data, requests to erase such data will entail the cancellation of their registration and the deletion of their "mywallbox" account, thus preventing the User from making use of any features requiring prior registration. Nevertheless, the User may keep their "mywallbox" account active and opppose the use of their personal data for the purpose of sending commercial, promotional and/or advertising content.

    2. Moreover, when registering, the User may expressly accept that data be gathered regarding use of the Service whilst they are using the same, and that said data be processed to define customised user profiles (profiling), both for the purpose of improving the efficacy and quality of the Service and of analysing and/or predicting consumer and mobility habits and preferences. This information may be used to offer all kinds of products and/or services, either directly or through third parties including IBERDROLA, with WALLBOX being authorised to provide data to said third parties. Users may revoke said authorisation at any time. If the User should deny said authorisation for the processing of their data derived from the use of the Service for the above-mentioned purpose, WALLBOX will nonetheless be entitled to gather said data on the use of the Service by applying anonymisation techniques which do not involve personal data processing.

    3. WALLBOX has designated a Data Protection Officer to take care of supervising and ensuring compliance with this privacy policy whenever the personal data of Users of the Service are processed.

    4. WALLBOX may entrust certain tasks that are needed for the provision of the Service and involve personal data processing to third parties. Said third parties will become data processors on behalf of WALLBOX, to which end they are granted access to and use of said data solely insofar as is necessary to fulfil the assignment in question. Specifically, these tasks that may be entrusted to third parties include:

      • Facial, digital or vocal user recognition and identification systems for Devices that are able to support such features;

      • cloud data storage systems offered by cloud service providers;

      • Device distribution, installation and maintenance in order to offer preventive management services for Devices.

    5. Cancellation of a "mywallbox" account will entail instant deletion of the User's personal data by WALLBOX, unless the User expressly authorises their preservation for the purpose of sending commercial, promotional and/or advertising content.

  9. SERVICE SECURITY

    1. WALLBOX undertakes to implement suitable and sufficient technical and organisational security measures for the entire Service, according to applicable regulations, so as to keep the User's personal data safe, ensure they remain confidential and protect them from manipulation, deterioration or loss.

    2. Neither WALLBOX nor IBERDROLA are obliged to control the presence of viruses, worms or any other IT elements that could prove damaging, destructive or detrimental. It is up to the User to have and implement suitable tools in the devices used to access and use the Service (computers or mobile Devices) so as to detect, protect and disinfect malware or any harmful computer programs. Therefore, neither WALLBOX nor IBERDROLA will be held responsible for any damages caused to the devices of the User or third parties by using the Service.

  10. COOKIES POLICY

    1. WALLBOX may use cookies to gather information on the use of the Service via the Website. Cookies are data storage and recovery mechanisms which are installed on the User's device (computer or mobile Devices) to enable the purposes set out in this policy and offer the User an enhanced browsing experience.

    2. By browsing and using the Service, the User agrees to have cookies installed on their device for the purposes set out herein. If the User should choose not to accept the use of cookies, this may affect the Service or cause certain features not to function correctly, to the point that browsing this Service may not be possible.

    Types of cookies used and purpose:

    • Technical cookies: These cookies enable the User to browse the Website and use the various options or services it offers, which includes controlling traffic and data communication, identifying sessions, accessing restricted areas, remembering the elements in an order, conducting the order purchase process, requesting inscription or participation in an event, using security elements during browsing, storing content to disseminate videos or sound, or sharing content on social media.

    • Customisation cookies: These cookies enable the User to access the service with certain general predefined characteristics based on a series of criteria found in the User's terminal, such as language, type of browser used to access the Service, regional settings applied to access the Service, etc.

    • Analytical cookies: These cookies are used by WALLBOX or owned by third parties and enable the controller to monitor and analyse User behaviour on the Website. The information gathered with these cookies is used to measure activity and define User browsing profiles (profiling) on the Website so as to make improvements based on information on how Users use the Service.

    • Advertising cookies: These cookies help to effectively manage the advertising spaces housed in the Service, which includes defining browsing profiles to gather information on User behaviour. They also help adjust advertising content to make it relevant for the User.

    Cookie settings:

    Whilst browsing the Website, the User can choose to enable, disable or delete the cookies installed on their device by adjusting the settings on their chosen browser. For information on how to adjust cookie settings on different browsers, Users can click on the following links:

    For other browsers, Users will find information on how to adjust cookie settings in their browser help options. Users who need help adjusting their cookie settings can send an email to service@wallbox.com and WALLBOX will contact them as soon as possible.

    Changes:

    WALLBOX may modify this policy whenever it sees fit, leaving it up to the User to regularly check the policy in force at any given time.

  11. SENDING CONFIDENTIAL INFORMATION VIA THE SERVICE

    1. Any information sent by the User through the Service will be treated with due respect and confidentiality. The foregoing notwithstanding, WALLBOX may delete said information if it is considered inappropriate or offensive and may grant the competent courts or authorities access to said information upon requirement, provided said access is compliant with applicable legal provisions.

  12. TECHNOLOGICAL LIMITATIONS

    1. The Service may be temporarily unavailable due to maintenance work. Furthermore, WALLBOX advises Users that a great many factors in addition to those stated above can compromise the Service, including but not limited to environmental conditions, network saturation, connectivity problems, third-party software, etc.

  13. LINKS TO THE SERVICE FROM THIRD-PARTY SITES

    1. Links leading to the content on the Website may be set up on third-party sites or applications, provided it is clear that they lead to a different site than the one where they are housed. Under no circumstances will said links to the Website be set up on sites or applications featuring content that is unlawful, illegal or against good faith. Such links will also not be set up on sites or applications with highly sexual or violent content. Similarly, by way of example, links will not be posted on sites or applications featuring content that is xenophobic, discriminatory, pornographic or contrary in any way to personal dignity.

  14. DISCLAIMER

    1. Neither WALLBOX nor IBERDROLA will be held liable for the decisions made by the User as a result of the information provided via the Service, regardless of its source, or for any damages caused to Users or third parties due to using the Service.

    2. Neither WALLBOX nor IBERDROLA will be responsible for the speed or quality of browsing, use or access to the Service by the User, which will depend on the technical conditions contracted by the User with their service provider. Therefore, neither WALLBOX nor IBERDROLA will be held liable if access to the Service is impossible, suspended or cancelled, if difficulties occur connecting to the communication network used to access the Service, or if failures are caused by third parties. Neither WALLBOX nor IBERDROLA will be responsible for Service continuity or availablility when it cannot be guaranteed due to reasons beyond their control.

  15. VALIDITY

    1. These Terms and Conditions of Use are considered valid as long as the User keeps their "mywallbox" account active and/or makes use of the Service in any way.

  16. MODIFICATION TO THE TERMS & CONDITIONS OF USE

    1. WALLBOX reserves the right to modify the Terms and Conditions of Use of the Service at any time and without prior warning, leaving it up to the User to read them every time they contract and/or use the Service provided via the Website or Application. In any case, before contracting any services, the User will be required to accept the Terms and Conditions of Use in force at that time and will be able to access them at any point prior to contracting.

  17. WRITTEN CORRESPONDENCE

    1. By accepting these Terms and Conditions of Use, the User accepts that most correspondence with WALLBOX and IBERDROLA will be carried out by electronic means. WALLBOX and IBERDROLA will contact the User by email or by sending notifications via the Service. The User agrees to use this electronic means of communication and acknowledges that any notifications, information or other correspondence sent electronically by WALLBOX or IBERDROLA is compliant with the requirements relating to being sent in writing.

  18. APPLICABLE LAW AND JURISDICTION

    1. These Terms and Conditions of Use are governed by Spanish Law, subject to the legal regulations on consumer and user protection that may apply at any given time.

    2. In the event of discrepancies concerning the provision of the Service, the parties hereby expressly waive any other jurisdiction that may apply to them and agree to subject to the courts of Barcelona.