Terms of Use

These General Terms of Use (the "General Terms of Use") establish the terms and conditions for accessing and using the Chargy mobile application (the "Application") and the website under the domain name www.chargy.com (the "Website"), as well as the Battery Sharing Stations and Powerbanks (the "Service") provided by Chargy Technologies, S.L. and its subsidiaries (hereinafter, collectively "Chargy") free of charge to its users (hereinafter, the "Users").

Purpose

The Application is exclusively intended for users residing in Spain. Users residing or located elsewhere who decide to access and/or use this Application do so at their own risk and must ensure that such access and/or use complies with applicable local laws.

By accessing and using this Application and/or Website, you, as a User, acknowledge that you have read and accepted these General Terms of Use and agree to comply with all their terms and conditions. Likewise, the User acknowledges and accepts that access to and use of this Application and/or Website will be subject to the General Terms of Use in force at the time of access. Chargy reserves the right to modify these General Terms of Use at any time, as well as any other general or specific conditions that may apply. The User may notify Chargy through the company's contact email address info@chargy.com that they do not accept any eventual modification of these General Terms. Likewise, Chargy reserves the right to suspend, interrupt, or cease operation of the Application and/or the Website at any time.

Services provided and Contents

Through its mobile Application, available for download on the AppStore and GooglePlay, Chargy provides Users with a charging service for their mobile devices through various intelligent charging terminals with monitors ("Battery Sharing Stations") that incorporate 5,000 mAh lithium batteries ("Powerbanks") and can be located indoors or outdoors (hereinafter, the "Service").
The Application and/or Website provides Users with access to various content, information, and data provided by Chargy in relation to the Service (hereinafter, the "Content"). Chargy reserves the right to modify the presentation, configuration, and location of the Application and/or the Website at any time, as well as the corresponding access and use conditions. Chargy does not guarantee that the Content provided through the Application and/or Website will always be correct, complete, or up-to-date.

The Battery Sharing Stations and Powerbanks are the exclusive property of Chargy

As a User, you agree that the Powerbanks and Battery Sharing Stations, at all times, are the exclusive property of Chargy. You must not manipulate, vandalize, or disassemble a Powerbank, any part of a Powerbank, or any other equipment owned by Chargy. Nor should you write, modify, or damage in any way any sticker or screen print of a Powerbank or Battery Sharing Station. Likewise, you may not use a Powerbank or other equipment owned by Chargy for any advertising or other commercial purpose without the express written permission of Chargy.

Registration as a registered user in the Application

Access to the Services involves your registration as a User in Chargy, and to identify yourself, you must provide us with a series of basic identifying and contact data about yourself as a user.

To process your registration and/or enjoy certain services, Chargy may request additional information such as your location, as well as verification of your email address or your mobile phone at any time. To this end, it is very important that you always provide us with your current email address or phone number, ensuring that it is yours and that only you have the right to use it.

In general, access to and use of Chargy is prohibited for users under 14 years of age, unless they have parental authorization. Therefore, by accepting these Conditions, you acknowledge that you are a person with sufficient capacity to assume the obligations arising from your actions and that you have read, understood, and accepted their content. If you are a minor, you must obtain the prior authorization of your parents, guardians, or legal representatives, who are informed that, according to current legislation, they will be considered responsible for all acts performed by the minors under their care.

You may uninstall Chargy from your device or mobile terminal at any time through the various configuration options of the device, as well as request from Chargy, or manage yourself through the tools we offer, your deregistration as a User.

Procedure for charging mobile devices

The User who wishes to charge their mobile device at one of the Battery Sharing Stations must have previously downloaded the Application to their device and registered as a User.

The User will scan the QR code available on the corresponding Battery Sharing Station and, after confirming that they have read and accepted the corresponding legal texts and, if applicable, respond to any messages or surveys that may appear, they will receive information about the operation of the service.

Subsequently, after reading this information, the User must enter their credit or debit card details into the payment gateway, to which they will be redirected, operated by a third party that provides Chargy with such services.

In said gateway, once the credit or debit card details have been entered, and when the operation code has been verified with the banking entity, the User will be redirected back to a screen that will confirm whether the process has been completed successfully. In the event of entering an invalid card, the payment gateway operator will inform Chargy of this fact, and the User will be asked to retry the registration process.

Chargy will place a hold of five (5) euros directly on your credit or debit card in connection with the use of its Powerbanks when you create your account and when you add a new payment method. Likewise, each time the User extracts a Powerbank, a hold of five (5) euros will be placed. Once the User returns the Powerbank within the established free usage hours, the hold amount will be refunded to the User's credit or debit card.

From the mobile application's own settings (settings> payment card -> add), a User can add and validate different cards and choose which one to operate with.

The entire card registration and validation process is performed by an external provider that provides adequate security measures and ensures the confidentiality of the information. Chargy simply collects the validation response and, if applicable, the card expiration information. Chargy does not manage or process any other type of banking data.

If the card registration is successful, the Powerbank will automatically be released from the Battery Sharing Station, displaying a popup with a message confirming the delivery of the Powerbank to the User and informing them of the time by which it must be returned (usually twelve (12) hours after pickup). If the user returns the Powerbank before the defined date and time, the service will be completely free, but if they exceed the established time, Chargy has the right to charge five (5) euros after 12 hours and an additional twenty-five (25) euros for not returning the Powerbank before 24 hours, totaling thirty (30) euros if the user does not return the powerbank within 24 hours. In other words, Powerbanks not returned within the maximum rental period will be considered purchased by the User at a price of thirty (30) euros. However, Chargy may cancel the charge if the User returns the Powerbank to any Chargy Battery Sharing Station within 48 hours of the charge being made.

Therefore, the collection of data related to the card simply aims to prevent fraud related to the provision of the service and to prevent the theft of Powerbanks and/or the User's failure to return the Powerbanks at the designated time.

Your obligations

Accessing and/or contracting Chargy's Services implies your commitment to always make correct use of them, in accordance with these Conditions and, where applicable, those specific to each service, and, in general, with current legality and the principles of good faith, morality, and public order.

In this sense, any access to and/or use of Chargy contrary to the provisions of the previous paragraph is strictly prohibited, whether with or without economic purpose, including but not limited to actions that may be illegal, abusive, fraudulent, or, in general, that may harm the rights of Chargy and/or third parties.

The User commits to the proper use and care of both the Powerbanks and the Battery Sharing Stations and the Services provided by Chargy. In the event that the User does not return the Powerbank to any of the Battery Sharing Stations within the time allotted for using the Services or returns it in poor condition, Chargy may automatically charge your card the amount of thirty (30) euros and reserves the right not to refund this amount to cover any damages or losses that may result from the breakage or non-return of the Powerbank.

You are responsible for the use you decide to make of Chargy's Services. While Chargy will do everything reasonably possible to monitor the legality of the content found on the platform, Chargy acts as a mere intermediary that makes its technological platform available to its users, assuming solely and exclusively the responsibility derived from the diligence that may be required of it by law.

If Chargy, on its own or at the request of a third party, detects a use of the service that could compromise the security, stability, or normal operation of the Service, it has the authority to interrupt it. Service suspensions resulting from these circumstances, as well as any consequences thereof, will not entitle you to any compensation, indemnity, or price reduction for the Service.

Failure to comply with your obligations as a User established in these General Conditions of Use may result in the immediate suspension and/or termination of the Services and even the termination of your registration as a Chargy User; all without the right to receive any compensation and/or refund of any kind.

Paid services: contracting, fees, and payment method

The Service provided by Chargy is generally free. However, Chargy may condition access to and/or use of certain services on the payment of a price or a specific fee, as well as compliance with other legal, commercial, or technical requirements such as the prior completion of user data request forms that may be necessary. In these cases, the contracting of the payment services available on Chargy will be carried out through the electronic means enabled on the Website and/or Application, directly between the User and Chargy, governed by these General Conditions of Use, as well as by any additional ones that may be established by Chargy for this purpose.

Therefore, before proceeding to contract our products and/or paid services, remember to always check, in the information available on the Website and/or the Application, their specific conditions, fees, applicable taxes, payment methods, compatible terminals, as well as the associated functionalities to assess if they meet your expectations. In addition, if during the contracting process you detect that the provided data and/or payment method are incorrect or erroneous, or wish to modify them, Chargy may give you the option to correct them until the contracting is confirmed.

For these purposes, the prices, bonuses, and/or, where applicable, other economic conditions, contracted in accordance with the rates and other general and/or specific conditions, offers, or promotions in force at the time of their use, shall apply. In this sense, Chargy reserves the right to modify the prices of its products and/or services at any time. If you continue to use the services after the price change has been communicated, we understand that you accept it.

Please note that, in accordance with current consumer legislation and, in general, once the purchase or contracting is completed, you cannot claim the refund or reimbursement of the amount paid, since by the very nature of the services provided by Chargy, they are exempt from the right of withdrawal.

Security and privacy

Remember that you are solely responsible for safeguarding your access credentials to Chargy, as well as for any possible damages and/or losses that may occur due to unauthorized use of them.

We recommend that you do not use a password that contains the same characters as your username, as it decreases the protection of your account.

In any case, the provision of false data is prohibited; therefore, you must always identify yourself with your real and truthful data, as well as provide an email address and/or mobile phone number that you own, and verification may be required. Chargy may temporarily deactivate or cancel any User account automatically without prior notice and without entitling you to any compensation or indemnification. For example, if we have reason to believe that you may have impersonated a third party on Chargy, either during your user registration, when contracting our services and/or when verifying your email address or mobile phone number, we will proceed to verify your identity and/or your phone number and, if necessary, temporarily deactivate and/or cancel your Chargy account.

Likewise, Chargy may inform the competent authorities or collaborate with them in any possible infringement of current legislation detected on Chargy, especially if such infringement could constitute a crime.

When charging your mobile device, keep in mind that connecting the Powerbank incorrectly could cause serious damage to the device.

Chargy is not responsible for any damage caused by misuse of the Battery Sharing Stations, Powerbanks, or any other charging devices, nor for any damages they may cause for any other reason.

Links policy and disclaimers

Chargy is not responsible for the content of websites that users may access through the links established on its Applications and/or websites, and declares that it will not examine or exercise any type of control over the content of other sites on the network. Likewise, Chargy does not guarantee the technical availability, accuracy, truthfulness, validity, or legality of sites not owned by it that may be accessed through links.

Chargy declares that it has taken all necessary measures to prevent any harm to users of its Applications and/or websites that may arise from browsing its Applications and/or websites. Consequently, Chargy is not responsible, in any case, for any potential damages that users may suffer from Internet browsing.

Damage NotificationD

The User must inform Chargy of any accidents, damage, personal injury, theft, or loss of the Powerbank as soon as possible by sending an email to info@chargy.com. If an incident involves personal injury, property damage, or theft of a Powerbank, the User must report the incident to Chargy within a maximum period of 24 hours.

Limitations on Service Availability

Chargy makes its best efforts to provide the Services 365 days a year, but cannot guarantee that the Services will be available at all times, as unforeseen events or other circumstances could prevent Chargy from providing its Service (such as a customer turning off the Battery Sharing Station or a power outage at the location where the Battery Sharing Station is installed). Access to the Service is also subject to the availability of Powerbanks. Chargy does not guarantee the availability of Powerbanks at its Battery Sharing Stations, even if they appear marked as available in the Chargy App.

Data Protection and Cookies

In accordance with the provisions of current legislation on Personal Data Protection, we inform you that your data will be incorporated into the processing system owned by Chargy Technologies, S.L. with CIF B-87503397 and registered office at Calle Núñez de Balboa, 120 (28006 Madrid), for the purpose of facilitating, expediting, and fulfilling the commitments established between both parties. In compliance with current regulations, Chargy informs that the data will be kept for the strictly necessary period to comply with the aforementioned precepts.

Unless you notify us otherwise, we will assume that your data have not been modified, that you undertake to notify us of any changes, and that we have your consent to use them for the purposes mentioned.

Chargy informs that it will process the data lawfully, fairly, transparently, appropriately, relevantly, limitedly, accurately, and up-to-date. Therefore, Chargy undertakes to take all reasonable measures to delete or rectify them promptly when they are inaccurate.

In accordance with the rights conferred by current data protection regulations, you may exercise the rights of access, rectification, limitation of processing, erasure, portability, and objection to the processing of your personal data, as well as the consent given for their processing, by sending your request to the postal address indicated above or to the email address info@chargy.com.

You may contact the competent Control Authority to file any complaint you deem appropriate.

For more information on how we treat your data, you can view our Privacy Policy at https://chargy.com/privacy-policy/, as well as our Cookie Policy at https://chargy.com/cookie-policy/

Intellectual and Industrial Property Rights

Chargy Technologies, S.L., either on its own behalf or as an assignee, is the owner of all intellectual and industrial property rights to its devices, Application, and Website (including, but not limited to, images, sound, audio, video, software, or texts; utility models, patents, trademarks, or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access, and use, etc.), owned by Chargy Technologies, S.L. Therefore, they are protected works as intellectual property by Spanish law, being applicable both Spanish and community regulations in this field, as well as international treaties relating to the matter and signed by Spain.

All rights reserved. In accordance with the Intellectual Property Law, the reproduction, distribution, and public communication, including the making available, of all or part of the contents of the Application and this website, for commercial purposes, on any medium and by any technical means, without the authorization of Chargy Technologies, S.L., are expressly prohibited.

The user agrees to respect the Intellectual and Industrial Property rights owned by Chargy Technologies, S.L. You may view the elements of the Application or the Website and even print, copy, and store them on the hard drive of your computer or on any other physical media solely and exclusively for your personal and private use. The user must refrain from deleting, altering, bypassing, or manipulating any protection device or security system installed on the Chargy Application or Website.

Disclaimer

Chargy does not guarantee that the Website, Application, content, Services, or their features are free from errors or interruptions, nor does it commit to correcting errors or ensuring that your use of the Website, Application, or Services will yield specific results. The Website, Application, and their content are provided "as is" and "as available." All information published on the Website or Application is subject to change without notice. Chargy cannot guarantee that files or other data downloaded from the Website do not contain viruses or other destructive features. Chargy disclaims any warranties, express or implied, including accuracy, non-infringement, merchantability, and fitness for a particular purpose. Chargy is not responsible for the acts, omissions, and conduct of third parties related to your use of the Chargy Website, Application, or Services. Your use of the Website and its linked sites is your responsibility. The only way to express dissatisfaction with the Chargy Website, Application, Services, and their content is to stop using them. This limitation of liability is part of the agreement between the parties.

The foregoing disclaimer applies to damages, liabilities, or harms caused by any failure of performance, error, omission, interruption, deletion, defect, operation delay or transfer, virus, communication line failure, theft, or destruction, or unauthorized access, alteration, or use, whether due to breach of contract, negligence, or any other cause.

At any time, Chargy reserves the right to: (1) modify, suspend, or terminate the operation or access to all or part of the website and Application for any reason; (2) modify or change all or part of the website and Application, as well as any applicable policy or condition; and (3) interrupt the operation of all or part of the website and Application, when necessary to carry out maintenance tasks, error correction, or other changes.

In the above cases, Chargy will notify such modifications to the User and give them the opportunity to cease being a User if they do not agree with the changes made.

Limitation of Liability

Unless prohibited by law, Chargy shall not be liable for any indirect, exemplary, incidental, or consequential damages, including lost profits, even if it has been advised of the possibility of such damages occurring.

In particular, as noted above, Chargy is not responsible for any damage caused by the misuse of the hardware it provides to its Users. Such misuse includes, but is not limited to, negligent use or use contrary to or different from that indicated in these General Terms of Use regarding Battery Sharing Stations, Powerbanks, or any other charging devices, nor for the damages that these may cause to the User or any third party for any other reason.

In this regard, it should be noted that the User undertakes to use and take care of all these devices properly, which, if used improperly, negligently, or without due care, may entail certain risks.

The User agrees that, during the rental period, they have the Powerbank rented under their exclusive custody and, therefore, are responsible for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, sanctions, or disbursements of any kind or nature related to a Powerbank while it remains under their custody.

The User agrees to return the Powerbank in the same condition as it was rented. The user will not be responsible for normal wear and tear of the Powerbank.

The Powerbank will not be considered returned by the user unless it is reinserted into one of our Battery Sharing stations and appears in our App as a returned charger or powerbank. We are not responsible for any economic charges that may be incurred by the user if the user delivers the powerbank to the staff of an establishment, instead of personally inserting it into one of our Battery Sharing stations.

The User agrees to pay any fine, fee, penalty, legal costs, and/or any other charge incurred by Chargy as a result of the User's misuse of any Powerbank or violation by the User of any law, rule, regulation, and/or ordinance while using the Services.

The User also agrees that any attempt to recharge the Powerbank by means other than a Chargy Battery Sharing Station will be at their sole responsibility, and Chargy will not be liable for any harmful, economic, physical, or any other consequences arising therefrom.

Force Majeure

Neither Chargy nor the User shall be liable for damages or for delays or failures in performance resulting from acts or events beyond their reasonable control, including, but not limited to: pandemics or epidemics, including, but not limited to: actions of the public administration, actions of authorities, legal restrictions, fires, floods, explosions, protests, riots, strikes, labor disputes, lack of raw materials, power failures, communication interruptions, or others.

Indemnification

The User agrees to indemnify and hold harmless Chargy, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, or affiliates, and not to demand or claim any losses, expenses, or liabilities (including attorney's fees) on behalf of themselves or third parties, due to their misuse of the Website and Application, as well as the services and/or the various hardware equipment and other devices, such as Battery Sharing Stations and Powerbanks, that Chargy provides to its customers.

International Use and Language

You understand and agree that Chargy is intended for use by anyone who complies with these General Terms of Use, in any country where its use is not contrary to local laws or regulations. Additionally, Chargy may have certain restrictions, may not function properly, or all its services may not be available in all countries.

The use of Chargy by users within a specific country shall be at their own risk. You are solely responsible for complying with the laws of the countries from which you register and/or access Chargy, as well as those from which you use our services.

While these General Terms of Use are provided in various languages to ensure they can be read and understood by all our users, you acknowledge and agree that the Spanish version shall always prevail in the event of inconsistencies between different versions.

Applicable Law and Jurisdiction

he applicable law will determine the laws that govern and the jurisdiction that must be known in the relationships between Chargy and Users. However, in cases where applicable law does not provide for the obligation to submit to a specific jurisdiction or legislation, Chargy and its Users, waiving any other jurisdiction that may correspond to them, submit to the courts of Madrid (Spain).