Terms of use

Effective Date:  July 1, 2019

Wallbox USA Inc. (“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.

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 (us.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. Limitation of Liability

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL WALLBOX OR ITS LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, OR THE COST OF PROCURING SUBSTITUTE SERVICES, EVEN IF WALLBOX OR ONE OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.  IN NO EVENT SHALL WALLBOX’S LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THESE TERMS OF USE, THE SERVICE, THE WEBSITE, THE MYWALLBOX PORTAL, OR THE APP, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, EXCEED THE GREATER OF (a) $500 OR (b) THE AMOUNT YOU PAID OR MUST PAY HEREUNDER FOR THE PRECEDING 12-MONTH PERIOD.  THE FOREGOING LIMITATIONS AND EXCLUSIONS OF DAMAGES SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

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. Applicable Law

These Terms of Use shall be governed by the internal laws of the State of California, USA without giving effect to its conflicts of laws principles.

17. Support

17.1. 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 service.na@wallbox.com.

Postal mail

Sending mail to Wallbox USA Inc., 800 West El Camino Real, Suite 180, Mountain View, CA 94040

18. Dispute Resolution

ANY CONTROVERSIES, DISPUTES, AND CLAIMS (collectively, “Claims”) ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, THE MYWALLBOX PORTAL, THE APP, AND/OR THE SERVICE SHALL BE SETTLED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH CLAIMS.  Arbitration will be administered by JAMS, Inc. pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”) by a single arbitrator appointed in accordance with the Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The place of arbitration shall be Santa Clara County, California U.S.A.  The language of the arbitration shall be English.  Nothing in this Agreement shall be construed to preclude Wallbox from seeking injunctive relief, damages, or other relief based on a breach of Section 6, or an infringement of Wallbox’s intellectual property rights.  The parties irrevocably consent to the jurisdiction of the federal and state courts located in Santa Clara County, California for the purpose of resolving any action at law or in equity not subject to arbitration arising out of or relating to these Terms of Use, or brought by Wallbox under the previous sentence.  To the maximum extent permitted by applicable law, no arbitration or claim under these Terms of Use by a User shall be joined with any other arbitration or claim, including that of another User, and no class arbitration proceedings shall occur, and you waive any rights to class arbitration.  You must bring any claim, action, or proceeding against Wallbox no later than two (2) years after the claim or cause of action arose.

19. Miscellaneous

These Terms of Use shall be governed by the internal laws of the State of California, USA without giving effect to its conflicts of laws principles. The Terms of Use constitute the entire agreement and understanding between Wallbox and you and supersedes all prior agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement.  Except as set forth in Section 9, no amendment, modification, or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by You and an authorized representative of Wallbox.  The unenforceability of any provision or provisions of these Terms of USe shall not render unenforceable or impair its remainder.  If any provision of these Terms of Use is deemed invalid or unenforceable in whole or in part, the Terms of Use shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render them valid, enforceable, and, insofar as possible, consistent with the original intent of the parties.  The headings in these Terms of Use are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of the Terms of Use.  Wallbox may assign its rights under these Terms of Use to any successor in interest.  You may not assign your rights or obligations under the Terms of Use without Walllbox’s advance written permission.  These Terms of Use will be binding upon, and inure to the benefit of Wallbox, and its successors and assigns, and you and your permitted heirs, representatives, successors, and assigns.