GENERAL TERMS AND CONDITIONS OF THE APP AND SERVICE AGREEMENT

These general terms and conditions (hereinafter the “General Terms and Conditions”) of subscription to and use of the recharging service, together with any specific terms and conditions that may be established (“Specific Terms and Conditions”), shall govern the commercial relationship established between the user (the “User”) and Endesa Energía (hereinafter “Endesa”) arising from subscription to and/or use of the recharging service at the recharging points (the “Service”) that may be identified in the smartphone application made available to the User by Endesa for the purpose of using the Service at any given time (the “App”). These recharging points may belong to Endesa or to third parties operated by Endesa.

These General Terms and Conditions shall remain valid and enforceable for as long as they are accessible via the App. Endesa reserves the right to replace the General Terms and Conditions at any time, as well as any Specific Terms and Conditions that may be established, in addition to all legal notices, guidelines and/or usage regulations included in the App, which shall, as appropriate, replace, supplement and/or modify the General Terms and Conditions set out herein. The new conditions shall apply from the moment they become available to the User.

Any order made by the User shall directly entail the acceptance, with no reservations of any kind and with full compliance, of these general terms and conditions of subscription and guarantee, which shall prevail over any other document with the exception of any specific terms and conditions expressly authorised in writing by Endesa.

1.  DEFINITIONS:

User: consumers who are natural persons of legal age residing in Spain and have a National Identity Document (DNI), Foreigner Identity Number (NIE) or passport, or legal entities that provide adequate evidence of their status, and who accept these General Terms and Conditions and any Specific Terms and Conditions that may apply. Minors, users who are not legally resident in Spain and users who do not meet the requirements set out in these General Terms and Conditions are expressly prohibited from subscribing to the Service via the App. The User may or may not be registered.

App: the smartphone application that Endesa makes available to users at any given time, through which they can acquire, subscribe to and make use of the Service.

Partner: any company that has subscribed to a partnership agreement with Endesa in order to provide the recharging service to its employees or customers subject to special conditions.

2.  APP: USE AND ACCESS:

Access to and use of the App is free for users and, generally speaking, does not require users to pre-register. However, it is possible that access to and use of certain information and services offered via the App, as well as special offers, may only be obtained subject to the user’s registration.

In order to use the Service, the user may access the App via the following means: (a) directly, without registering or subscribing to a contract with Endesa, with the ability to use the recharging points subject to the terms and conditions established at any given time; or (b) by completing the relevant pre-registration process via the App itself or by other means as specifically stated by Endesa. If the User chooses the latter option, without prejudice to any specific conditions that may apply (e.g. price) and as long as the subscription to the Service remains active, the User will receive a code and password to access the private area of the App. The use of the Service will be adapted to the economic terms and c onditions established at any given time, and may require the payment of a subscription fee.

The username and password are enabling elements that make it possible to access the private area of the App and to make use of the Service as a registered user and, under all circumstances, are confidential, personal and non-transferable. The password may be changed by the User, in which case the changed codes shall lose their validity; Endesa shall bear no responsibility for this.

Users agree to make diligent use of the website and not to make their username and password available to third parties, as well as agreeing to communicate the loss and theft thereof, or the risk of third-party access thereto, to Endesa as soon as possible.

Any use of the Service carried out via the App shall be subject to the mandatory express acceptance of these Terms and Conditions of App Subscription and the use of the App; any such use shall be considered to have been carried out validly by the User and shall be binding. Consequently, the User shall be solely responsible for the use of the Service via the App by any third party who may make use of the User’s username and password. Any use of the Service from the App by a minor who provides false access details shall be considered to have been carried out under the supervision and authorisation of the minor’s parents, guardians or legal representatives.

In any area not expressly governed by these General Terms and Conditions with respect to the general terms and conditions of use of the App, the provisions of the legal notice of the App shall apply.

3.  INFORMATION AND AVAILABILITY OF THE SERVICES IN THE APP:
The legal relationship arising from registration as a user of the App, as well as the use of the Service, shall last for an indefinite period. Either party may terminate or suspend this contractual relationship unilaterally at any time, for no reason other than the wish to do so, without prejudice to the obligations arising from the form of use of the Service prior to the termination of the relationship and the provisions set out in Section 9. The User may unilaterally exercise the right to terminate via the account cancellation process, as well as by withdrawing from the conditions set out in the regulations in force at the time.

The Services offered in the App, together with their essential characteristics and price, shall appear on screen. The offers shall be duly stated on screen. Endesa reserves the right to decide at any given time on the Services included and offered to Users via the App. Endesa may add new Services at any time to those included in the App, it being understood, unless otherwise stipulated, that any such new Services shall be governed by the provisions of the General Terms and Conditions in force at the time. Similarly, Endesa reserves the right to withdraw or cease to offer any of the Services offered in the App at any time without prior notice.

4.  PRICES AND FEES IN THE APP:

The prices of the Products and/or Services shall always be shown in euros (€) and include VAT or its equivalent in the Canary Islands (IGIC), along with any other applicable taxes. If Endesa identifies an obvious error in the price of the Services, it shall inform the User, who shall have the option to reconfirm the order at the correct price or, failing that, to cancel it.

The price of the Service includes the use of the recharging point for the time or a fraction of the time indicated on each charger, and the User shall be informed of the price in advance before paying for the recharging process.

The prices shown in the App, including the subscription fee for registered users where applicable, apply exclusively to the Services offered via the App for as long as they are published. Endesa expressly reserves the right to modify the prices at any time without the need to give prior notice. Nonetheless, in any event, the prices in force as indicated in the App at the time at which the corresponding order is placed shall apply.

5.  IN-APP PURCHASING PROCESS:

Once the User has accessed the App, whether as a registered User or not, he/she may subscribe to the Service.

In order to subscribe to the Service via the App, the User must select the method through which he/she wishes to subscribe to the Service (registered/unregistered user) by following the directions on screen. In either case, access shall be subject to the acceptance of these general terms and conditions of App subscription and use of the Service, as well as Endesa’s Data Protection Policy.

If the User wishes to continue to subscribe to and use the service as an unregistered User, he/she will be informed of the economic terms and conditions that apply at any given time to the desired charge at the location indicated, for which the User must expressly confirm compliance with the recharging service by tapping the appropriate button in the App. At that time, the User shall automatically be redirected by the system to the online payment platform (TPV) of the relevant banking institution in order to enter the details of the payment card with which the User intends to pay for subscribing to and using the Service.

Unregistered users shall have access to the following services:

If the User wishes to continue using the service as a registered User, the economic terms and conditions provided in the process of subscribing to the Service shall apply. Access to and acceptance of recharging shall occur once the User has entered his/her username and password.

The instructions for registering and subscribing to the service shall be available in the “How it works” section of the App, and more details are available in the “Frequently asked questions” section of the App.

The activation of the service shall be subject to a positive outcome of the check carried out by Endesa of the payment details provided upon subscription to the service. The purchase shall be considered to have been made at Endesa’s address.

Registered users shall have access to the following services:

6.  BILLING AND PAYMENT CONDITIONS:

Payment for the Service shall be calculated using the number of kWh supplied at the Recharging Station as a parameter.

The cost of the Service shall be calculated on the basis of the selected product. Access to the Services shall be subject to subscription to one of the products set out in the App.

In order to make a payment, the User must follow each and every instruction given in the App. The recharge shall be carried out at the various recharging points on the network authorised in the first paragraph of these general terms and conditions.

Payment for the price of the Service may only be made using a credit or debit card in the User’s name. The first time the credit or debit card is used, a token will be stored allowing the card to be identified on the payment platform for future recharges. However, other payment methods may also be registered; these shall be indicated as appropriate in the App.

Such payment methods shall be subject to verification and authorisation by the issuing entities but, if the relevant entity does not authorise payment, it shall not be possible to continue with the purchase process that has been initiated, the order shall automatically be cancelled and the subscription to the requested service shall be considered not to have been made.

The payment method shall be specific to each profile associated with the contract. For every User, the payment method associated with the account and indicated in the subscription to the Service shall be the usual method of payment for the Service.

Invoicing shall take place regardless of whether or not the user is registered, as follows:

a)  Registered user: The invoices shall include the details of the Service, the applicable prices and the remaining invoiced items (including taxes).

The invoice shall be issued to the email address provided upon registration and shall be archived in the “Invoice history” section of the application.

The frequency of invoicing shall vary depending on the rate plan selected, at the end of each recharging session (e.g. “pay per use” plans), upon subscription to the service (e.g. subscription fees, reservation option) or on a monthly basis on the same day each month (e.g. “flat rate linked to a kWh package” plans). The invoice may include additional costs if the monthly kWh threshold was exceeded in the month preceding the renewal.

In the case of payment for energy consumed when recharging, an estimated amount may be reserved on the bank card before recharging begins; this shall be stated in the App. Once recharging is complete, the amount due for the recharge shall be calculated on the basis of the energy supplied in kWh and of the kWh pricing conditions set out in the contract, and the invoice shall be issued. Once payment for this has been confirmed, a release of the previously reserved amount shall be requested.

b)   Unregistered user: In the case of payment for energy consumed when recharging, an estimated amount may be reserved on the bank card before recharging begins. This shall be stated in the App. Once recharging is complete, the amount due for the recharge shall be charged to the credit card. This amount shall be calculated on the basis of the energy supplied in kWh at the price per kWh set out in the App. Once payment has been confirmed, a release of the previously reserved amount shall be requested.

Endesa shall issue an invoice to the User for the recharge carried out. The invoices shall include the details of the Service, the applicable prices and the remaining invoiced items (including taxes). If the user has made the appropriate selection and supplied the relevant details, the user’s tax information may be included on the invoice.

Payment period

The payment period is set at 10 calendar days from the date of issue of the invoice unless the last day of that period is a Saturday, Sunday or public holiday, in which case payment shall be due on the next working day or, for monthly payments, within the first 10 days after the invoice is issued. In the event that the price for subscription to the service is charged, this shall be indicated prior to the moment of subscription.

If payment for the Service is unsuccessful, Endesa shall inform the User of the non-payment and shall suspend the Service until payment has been made in full.

Invoices not paid in full on the specified dates for reasons falling outside Endesa’s responsibility shall be treated as overdue debts, which may be subject to immediate recovery. Likewise, in the event of non-payment of any invoice, the unpaid amounts shall automatically accrue interest on arrears, at the legal interest rate (plus two percentage points) for natural persons and in accordance with the provisions of Act 3/2004 of 29 December and any other legislation that may amend or expand on it for legal entities. In such cases, both parties agree to be subject to such legislation in all its aspects and obligations and without prejudice to the provisions of the rest of the Terms and Conditions. Similarly, the Holder is expressly informed that, if the relevant deadline is not met and as long as all the provisions set out in Articles 38 et seq. of Royal Decree 1720/2007 of 21 December are observed, the data relating to the failure to pay may be passed on by Endesa to a register of compliance or non-compliance with monetary obligations. Non-payment of invoices shall entail the immediate cancellation of the Service.

As an electronic payment system, Endesa has installed an e-commerce payment gateway. Any data provided via the App for this purpose is encrypted in order to guarantee the maximum security of the data.

It is hosted on a secure server certified according to the “Secure Socket Layer” protocol. The data provided by Users via the payment gateway shall not be stored under any circumstances and shall only be retained while the purchase is carried out, payment is made and until the withdrawal period has ended.

Endesa shall only store the token that is generated when the card is first used, which makes it possible to search for the card on the payment platform for future recharges.

Endesa reserves the right to cancel the username, the password and, similarly, access to the Service for users holding debit balances or unpaid balances with Endesa or users who breach any of the terms and conditions set out.

7.  PROVISION OF THE SERVICE:

Endesa shall provide the Service at the recharging points indicated in the above-mentioned App and, where applicable, through the various means of communication that may be provided at any given time (by telephone, internet etc.). Access to use the Service shall take place through the App and, in the case of a registered user, shall require the codes assigned for the purpose by Endesa, the safekeeping of which shall for all purposes be the responsibility of the User. The level of energy supplied shall not be guaranteed under any circumstances, as it depends on external elements outside Endesa’s responsibility such as atmospheric conditions or the technical condition of the vehicle (charging status). Both the User and the relevant Users of the vehicles must follow all safety instructions provided by Endesa at any given time and made available at the recharging points and in any information that may be provided. The following shall not fall under the responsibility of Endesa: a) improper use, handling and application of the recharging points or elements thereof and, specifically, failure to follow the instructions provided for recharging; b) breakdowns and damage resulting from force majeure or unforeseeable circumstances or from crashes or failures of the systems or telecommunications that may limit or hinder the provision of the Service or the means used to provide it and that may be indicated at any given time; c) damage that may be caused by inadequate maintenance of the vehicle or by faults of any kind in the vehicle; d) the User’s inability to carry out the recharge for any reason outside the responsibility of Endesa; e) the improper use of the supplied codes that are necessary for the provision of the Service, and f) the provision of incorrect or inaccurate details or details not including the User’s required prior authorisations. Certain features of the provision of the service may vary, in which case they shall be communicated in advance with possible recourse to the provisions of Section 9.

User Profiles

Profiles designated “vehicle manufacturer”, “corporate” and “special” must be activated using a code provided to the end User by Endesa or any of its Customers/Partners. The profiles (Private Profile and Vehicle Manufacturer Profile) shall have a rate defined on the basis of the agreement with the Customer/Partner. In particular:

Rate Plans

It shall be possible to associate one of the following rate plans with any profile associated with the User’s account:

Details of the rate plans shall be available in the dedicated section of the application; the user may also change the rate plan associated with his/her Private and Special profile at any time in the same app at no cost.

Change of Rate Plan

For any profile associated with the account, the User shall have the right to determine a rate plan and to make changes to it. Below is a description of the available methods for making changes to rate plans:

RFID card

The User shall be entitled to purchase a unique RFID card in the specific section of the application. The card shall allow the User to start and end a private or public recharge; a public recharge shall be carried out in accordance with the rate plan of the profile with which the card is associated.

In order to activate the card, it must be associated through the application with a user’s public recharging profile and may be used for any configured profile, but not at the same time. It is possible to associate the same card with all the profiles or a different card with each profile.

For private recharging, the RFID card must be registered in the “Wallbox Details” section. The card may be associated with a public recharging profile and a personal Wallbox at the same time.

Discount coupon

The User shall be entitled to benefit from coupons that grant access to discounts or promotions. The coupons are deposits expressed in kWh. The coupons may be activated through the application by entering the identification code in the section dedicated to the profile or payment method depending on the characteristics of the coupon. Each coupon shall have an expiry date and may only be used once. Any details relating to the use of coupons is included in the information note of each coupon.

8.  RIGHT OF WITHDRAWAL:

Provided that the User is considered to be a consumer and user (not a business) as defined in Article 3 of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Act on the Protection of Consumers and Users and other complementary acts, it is recognised that the User is entitled to the right of withdrawal from the service subscribed to through the App, and thus, if the User is not satisfied, the User may withdraw from the Service within a maximum period of fourteen (14) calendar days from the date of material receipt of the product or formalisation of the contract in cases of subscription to a service.

The right of withdrawal may be exercised through the following channels: By written communication by email to revocaciones@enel.com or to the following postal address: Endesa Energía, SAU, Apartado 818, 08080 Barcelona, Spain.

You may use the sample withdrawal form included at the end of this document, however this is not mandatory.

The provision of services is not covered by the right of withdrawal once the service has been carried out in full with the prior express agreement of the consumer and User and with the acknowledgement on the part of the User that, once the contract has been executed in full by the contractor, the User will have lost his/her right of withdrawal.

9.  TERMINATION:

The Contract shall end in accordance with the general causes of termination set out in the legislation in force.

Without prejudice to the above, Endesa may discontinue the Service or dissolve the relationship with the User with immediate effect if it detects that the Service is being used in a way that breaches these General Terms and Conditions or applicable legislation, or in the event of failure to pay the amounts due, or repeated failure to comply with the terms of payment, with respect to either the Service or the Products and/or installation service, for reasons outside the responsibility of Endesa. The Contract may also be terminated by mutual agreement between the parties or by the unilateral decision of either party.

The termination of the contract shall not exempt the User from meeting each and every obligation arising from the user of the contracted Service until it is effectively terminated, including that of paying for the Service.

In order to terminate the contract, the User must communicate the termination to Endesa with a minimum of seven (7) working days’ notice to the date on which the termination is to take effect. This communication may be made in writing to the email address revocaciones@enel.com or to the following PO box: Apartado 818, 08080 Barcelona.

10.   PROTECTION OF PERSONAL DATA:

Together with this document, Endesa’s Data Privacy Policy can be accessed as an independent, downloadable file that must be accepted.

11.   COMPUTER ATTACKS:

The User must not carry out any improper use of the App by intentionally entering viruses, trojans, worms, logic bombs or any other type of technologically harmful or damaging program or material into the App. Furthermore, the User shall not attempt to obtain unauthorised access to the App, the server on which the aforementioned page is stored or any server, computer or database related to our website. Similarly, the User undertakes not to attack the App by means of a denial of service attack or distributed denial of service attack.

Failure to comply with this clause may entail the commission of violations defined in the applicable regulations. The competent authorities shall be informed of any failure to comply with such regulations, and cooperation shall be persued in order to determine the identity of the attacker in all cases. In addition, if you fail to comply with this clause you shall immediately cease to be authorised to use the App.

We shall not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, hardware, data or materials as a consequence of using the App or downloading content from it or to which it may redirect.

12.   GENERAL PROVISIONS:

These terms and conditions have been set out in good time, in accordance with the legislation in force. In addition, Endesa places at your disposal the present General Terms and Conditions of Subscription such that they can be stored and reproduced, thereby complying with the legal duty of prior information.

Endesa reserves the right to amend the present conditions, unilaterally, at any time and without notice. These amendments will be published and notification thereof shall be given with the maximum amount of advance notice possible. Likewise, it reserves the right to amend, unilaterally, at any time and without prior notice, the presentation and configuration of the App, its functionality and/or its contents. You acknowledge and expressly accept that Endesa may, at any time, discontinue, deactivate and/or cancel access to and/or use of the App without Endesa being held responsible for this.

The User acknowledges and accepts that he/she is not subject to the obligation to take specific protection measures and, in any case, Endesa may not replace any type of specific protection measures that may be required by the regulations in force (including those set out in Act 5/2014 and Order INT/317/2011 of 1 February on private security measures).

In the event that any provision or provisions in these Terms and Conditions of Subscription are considered invalid or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or inapplicabilit y shall not affect the remaining provisions. In such an event, the affected clause or clauses shall be replaced by another or others with the most similar effects to those of the replaced clause or clauses.

13.   COMMUNICATIONS AND COMMERCIAL ACTION:

All matters relating to the development and execution of the Contract and the performance of the Service, as well as with offers of products and services, including the validity and effectiveness in the implementation of notifications that Endesa may make to the User for such purposes, may be sent by ordinary post, by telephone, electronically or by telematic means (including SMS and/or specific identification code systems or specific security code systems that may be provided for that purpose by Endesa) or by any other durable means guaranteeing communication. Where required by specific regulations, such acceptance shall also extent to potential home visits, whether arranged or not, that may be made by Endesa’s sales network personnel with appropriate identification.

14.   APPLICABLE LEGISLATION AND JURISDICTION:

All the conditions established will be governed by Spanish law. Endesa and the user, expressly waiving the corresponding jurisdiction, are subject to the courts and tribunals of the User’s home, for any controversy that may arise from the provision of services under these general conditions. In the event that the user has his/her domicile outside the territory of Spain, Endesa and the user submit, with express waiver, to the corresponding jurisdiction, or in other words, to the courts and tribunals of Madrid (Spain).

If the User subscribes as a “consumer” (as set out in Royal Legislative Decree 1/2007 of 16 November approving the Consolidated Text of the General Act on the Protection of Consumers and users), no element of this clause shall affect the rights thereby accorded to the User by the legislation in force.

15.   INFORMATION AND COMPLAINTS:

The User may request information, make the complaints the User considers relevant in connection with this Contract, and confirm the subscription by any of the following means: in writing to Endesa’s registered office, via the free customer service telephone numbers specified in the App, or to the email address also provided in the aforementioned App

16. PROHIBITION OF RESALE OR COMMERCIAL USE OF THE SERVICES:

The User’s right to use the subscribed Services shall be personal and may not be assigned to anyone. The User is prohibited to resell the Services or to use them for commercial purposes without the written consent of Endesa.

17.  ENDESA’S INTELLECTUAL PROPERTY RIGHTS:

The User expressly acknowledges that any intellectual property rights that may be protected on the basis of copyright legislation or any other provision, such as the Industrial Property Code, including but not limited to know-how, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases etc., relating to the Services, along with Endesa’s data and other derived materials made available to Endesa’s Users by virtue of the General Terms and Conditions, are and remain the property of Endesa and the person/entity of which Endesa is the legitimate licensee. It is also understood that the User may not copy, modify, sell, assign, license, contribute, transfer to third parties or create derivative works from any right of  Endesa, nor permit third parties to do so through the User or through the User’s electronic device.

18.     TOTAL OR PARTIAL ASSIGNMENT OF THE CONTRACT:

The Parties may not totally or partially assign this Contract without the other Party’s prior written consent. However, assignments to companies within the group of either Party shall be considered to be authorised, where the definition of group is that set out in Article 42 of the Spanish Commercial Code. To this end, this must be communicated in advance to the other party with a minimum of 15 days’ notice. In any event, the Parties may totally or partially assign the Contract to any Group company (in the case of Endesa, the ENEL Group) for the purpose of corporate reorganisation, regardless of the corporate transaction through which this is done. In any event, the affected party shall inform the other party of this occurrence such that it does not affect the execution of the Contract and the continuity of the subscribed service is maintained.

ENDESA ENERGÍA