Legal terms and conditions of use for the Iberdrola Mobility App

IBERDROLA CLIENTES, S.A.U., hereinafter referred to as “IBERDROLA”, an Iberdrola Group company, is headquartered in Bilbao (Biscay), at Plaza Euskadi nº 5 and is registered in the Companies Registry of Biscay in volume 5448, folio 19, page BI 63981, entry number 1, with company tax ID number A-95758389. It is also authorised by the Directorate-General for Energy Policy and Mining at the Ministry of Industry, Energy and Tourism to market the supply of electric power and natural gas. In addition, IBERDROLA CLIENTES, S.A.U. is registered as Charge Manager in the list of companies operating under this legal figure before the Spanish National Markets and Competition Commission (CNMC).
Moreover, IBERDROLA and its employees are subject to the internal rules of Corporate Governance and Code of Ethics, which are available to users together with the information relating to compliance thereof on the website www.iberdrola.es.

1. These conditions govern the downloading, by the User, of the computer application "MOVILIDAD IBERDROLA" (hereinafter, the Application) provided by IBERDROLA on your device (hereinafter, the Device), as well as those specific conditions of the features offered by the Application. The downloading will be performed through the Google Play app store or the Apple App Store app.
2. By downloading the Application, you will be considered a User, which will allow you to access and use the Application's features.
3. The downloading of the Application will be free of charge, notwithstanding that the connection and browsing will be billed by your mobile operator according to the rate you have contracted, and the prices and charges arising from the operations that the user performs associated with the features provided or that in the future may be provided through the Application.
4. IBERDROLA grants and the User accepts a licence to use the software "RECARGA PUBLICA IBERDROLA" on which the Application is based, owned by IBERDROLA, which is personal and non transferable, limited, non-exclusive and available, after the acceptance of these conditions, through a telematic downloading process, to access the features that IBERDROLA makes available to the User through the Application. This licence is limited to full or partial deployment of the software exclusively through using, downloading, running and displaying it on a device. Usage of the Application is restricted to the description set out above. Using it for any other end is expressly prohibited and shall represent a violation of IBERDROLA’s intellectual and industrial property rights, which could mean that IBERDROLA takes any relevant legal action. Total or partial manipulation by the User or third parties of the aApplication is expressly forbidden.
   The downloading and installation of the app is the User's responsibility and IBERDROLA waives all liability for any loss or damage consequential to its use to the User's device (e.g. computer viruses) or that the User and/or a third party may suffer, directly or indirectly. Before carrying out a download, users must check the functions of the Application, as well as whether it is suitable for addressing their needs, and both using the information and compatibility with their system.
   The app is provided "as is", although IBERDROLA reserves the right to make changes and/or improvements at any time and without notice, which will become their exclusive property licensed by the User under the conditions defined herein.
5. IBERDROLA is not responsible for websites not owned by IBERDROLA to which the User accesses through links or any content made available to the User by third parties. IBERDROLA assumes no responsibility for the content of any forum or discussion in cyberspace (chat), newsletters or any type of transmissions, which are linked to this Application and will cooperate, if required by court order or by the relevant authorities, in identifying the persons responsible for those contents that violate the law.
   IBERDROLA reserves the right to suspend, cancel or restrict the Application when technical or security issues require or force this. IBERDROLA shall not be liable for any damages that may be caused to the User as a result of breakdowns, overloads, line failures, connection failures or any other eventuality of the same or similar nature beyond the company's control, which prevents the use of the Application.
6. IBERDROLA reserves the right to partially or totally modify these conditions for justified reasons and at any time, which will be published at least 15 days prior to the effective date, in the same place where these conditions are published.
7. These conditions will apply indefinitely. However, the company may cancel access to the Application at any time, giving prior notice to the User, through their email address and, likewise, the User may communicate their intention to terminate it to IBERDROLA through the email address: smartmobility@tuiberdrola.es
8. It is expressly stated that given that the items downloaded by means any of the procedures established above are computer files, supplied electronically, which can be downloaded or reproduced immediately for permanent use, the right of withdrawal applicable to distance sales regulated in the Revised Text of the General Law for the Defence of Consumers and Users and Other Complementary Laws approved by Royal Legislative Decree 1/2007, of 16 November, is not applicable.
9. The Agreement shall be governed by Spanish law. For the resolution of any discrepancy that may arise from the interpretation and/or execution of this contract, the parties submit to the jurisdiction and competence of the Courts of the City of Madrid.
10. Conditions of Use of the Application on Devices: These terms and conditions apply solely and exclusively between the user and IBERDROLA, and not with Google. Google shall not be liable for either the software or the content thereof. If these Conditions are more restrictive than, or conflict with, the conditions of use set forth on Google Play, located on Google's website at https://play.google.com/store, the latter shall prevail over the former.
    The licence granted under these Conditions is non-transferable and shall only be for use of the Application, on a device owned or controlled by the User and, in any case, under the terms authorised by Google in the Google Conditions of Use or by Apple in the Apple Conditions of Use.
    IBERDROLA, and not Google or Apple, is solely responsible for providing maintenance and support services in connection with the Application, as set forth in these Conditions or to the extent applicable by law.
    IBERDROLA is solely accountable for any guarantees to which the Application might be subject, whether or not these are laid down by law and to the extent that IBERDROLA has not abandoned these under this contract. Should the Application fail to comply with the applicable regulatory framework as regards guarantees, users may notify Google or Apple of this and Google or Apple shall reimburse them with the Application’s purchase price where appropriate, all to the extent permitted under the applicable rules and regulations. Neither Google nor Apple grants any guarantee other than this as regards the Application and IBERDROLA shall be liable for any claim, loss, liability, damages and costs concerning failure to conform with a guarantee.
    IBERDROLA, and not Google or Apple, has sole liability for processing any claims pressed by Users or third parties in relation to the Application, the possession thereof by users and/or the use thereof, including, for the purposes of illustration, claims on account of the product being defective or non compliance with the applicable regulations and/or especially those concerning the protection of consumer rights.
    In the event of any claim by third parties for infringement of intellectual and/or industrial property rights concerning the Application and/or the use of it by the User, IBERDROLA, and not Google or Apple, shall be solely responsible for the investigation, defence, conciliation and enforcement of such claims.
    The corporate name and contact details of IBERDROLA to which the User may address any claim is indicated at the end of this Contract.
    IBERDROLA and the User acknowledge that Google, Apple and its affiliated entities shall be deemed to be third party beneficiaries of this Contract and that, upon acceptance by the User, Google and Apple shall be entitled to enforce the Conditions provided herein against the User or any third party beneficiary thereof.
11. . For any complaints, you may contact: IBERDROLA CLIENTES, S.A.U. CUSTOMER SERVICES, in writing to:
    To the email address: clientes@tuiberdrola.es
    Complaints telephone number, available 365/24: 900 225 235
    By Fax: 901 202 028
    At all Customer Service Points in Collaborating Establishments
    On the website www.iberdrola.es/atencion-cliente

IBERDROLA will provide the SERVICE according to the following conditions:

• The User may use the SERVICE through a ONE-TIME RELATIONSHIP, that is, without a prior contract with the User before the effective provision of the SERVICE, or through a CONTRACTUAL RELATIONSHIP with IBERDROLA prior to the provision of the SERVICE, which is more long-term, that is, through the Application. All of the foregoing is detailed below.

• To use the SERVICE through a one-time relationship, the User will find two options:
1. A website, hereinafter referred to as the WEB, which the User can access through a QR code located on a sticker or on the screen of the CHARGING POINT, or by directly accessing the address www.smartmobilityiberdrola.es/escaneayrecarga. From the WEB, the User can select the CHARGING POINT they want to use, view the necessary information to use the SERVICE, including the price, and make the payment.
2. hrough a payment terminal that the User will find installed at the CHARGING POINT itself or at one of the CHARGING POINTS located next to the CHARGING POINT the User wants to use, and on whose screen the necessary information to use the SERVICE, including the price, will be available, and the payment can be made.
• In case the User uses the SERVICE through a one-time relationship, the charges will be billed as indicated during the charging process itself.

• To use the SERVICE through a contractual relationship with IBERDROLA, the User must download and register in the Application.
• The User who decides register on the Application in order to use the SERVICE must provide the personal data required for registration and a password which will be required to access the Application and use the SERVICE.
• The User who utilizes the SERVICE through a contractual relationship with IBERDROLA may request an RFID technology card (hereinafter RECHARGE CARD) to associate it with their User and use it as a means to start and end their recharge. If such a card has an associated cost, it will be indicated through the Application.
• The User who has a RECHARGE CARD may use the SERVICE by starting the recharge through said RECHARGE CARD or the Application, being able to have only one recharge in progress at a time regardless of the means used to start it.
• To request a RECHARGE CARD, the User must be registered with all the required data through the Application. Additionally, the User must provide an address within Spanish territory where they wish to receive their RECHARGE CARD.
• The use of the SERVICE through the RECHARGE CARD is available for the entire CHARGING NETWORK.
• To use their RECHARGE CARD, the User must activate it through the Application and have a valid payment method registered in the Application. This payment method will be associated with the RECHARGE CARD. If at any time the User removes their payment method or it becomes invalid, they will not be able to use their RECHARGE CARD until they register a valid payment method again through the Application.
• In case the User uses the SERVICE through the Application, charging sessions will be billed as indicated in the Specific Terms and Conditions or according to the terms of their charging plan, if applicable.
• The price of the SERVICE when using the CHARGING CARD will be the same as when using the Application, based on the conditions applicable to the User.
• Users who access the SERVICE through a contractual relationship with IBERDROLA may activate AUTOCHARGE when this option is available in the Application. AUTOCHARGE enables automatic initiation of charging sessions at compatible chargers, without manual intervention by the User.
• To activate AUTOCHARGE, the following requirements must be met:
  • The electric vehicle must be compatible with Autocharge technology and registered as the “Default Vehicle” in the “My Vehicles” section of the Application.
  • The User must have their Personal Profile selected in the Application at the time of vehicle connection.
  • The User must have a valid payment method registered in the Application.
  • The charger must be compatible with Autocharge technology.
  • The User must expressly accept the activation of AUTOCHARGE through the Application.
• Once AUTOCHARGE is activated, if the User has their personal profile selected and connects their vehicle to a compatible charger, the charging session will start automatically via AUTOCHARGE, without further validation. The vehicle will be identified through its MAC address or unique identifier, which will be linked to the User’s profile for future charging sessions. The session will be billed through the registered payment method in the Application and at the same price as if initiated manually, according to the conditions applicable to the User.
• The User is responsible for ensuring that the connected vehicle is their own or that they are authorized to use it with their profile.
• In the event of a vehicle change or transfer, the User must deactivate AUTOCHARGE to prevent unauthorized use.
• AUTOCHARGE is linked to the User’s Personal Profile. If the User also has a Business Profile, it is their sole responsibility to ensure the correct profile is selected in the Application before connecting the vehicle to the charger.
• If the User wishes to charge using their Business Profile without using AUTOCHARGE, they must initiate the session manually through the Application, selecting the Business Profile before connecting the vehicle and following the steps indicated.
• Once a charging session has started via AUTOCHARGE, it will not be possible to change the associated profile or request a refund, even if the session was initiated under an unintended profile.
• For AUTOCHARGE to function, the vehicle’s unique identifier will be stored and linked to the User’s profile. This data will be processed in accordance with our Privacy Policy and solely for the purpose of providing the SERVICE via AUTOCHARGE.
• IBERDROLA reserves the right to suspend or modify AUTOCHARGE for technical, security, or service improvement reasons, with prior notice to teh User whenever possible.

The following conditions will always be applicable regardless of the type of relationship, whether occasional or contractual, between IBERDROLA and the User:

• The supply of electricity required for each of the charging processes will be made independently of the type of vehicle charge, battery capacity, charging duration, or any other characteristic of the vehicle, with no limits other than those set by the customer.
• The number, location, type of connector, power, typology or other characteristics of the electric vehicle CHARGING POINTS will be shown at all times in the Application.
• The availability of parking spaces associated with the SERVICE is the responsibility of the companies and/or public administrations that manage the space occupied, whether public or private.
• The maximum time during which the parking space can be occupied, and therefore that the charging SERVICE can be accessed, will always be that determined by the companies and/or public administrations responsible for managing the spaces.

• In case the User uses the SERVICE through a one-time relationship, the amount for each charging SERVICE will be indicated during the charging process, either through the WEB or on the payment terminal screen.
• Modification of prices: Prices for the SERVICE may be subject to changes at any time. In any case, they will always be displayed updated on each selectable charger via the WEB or the payment terminal screen and will not be modified in the course of a charge.

• The User will have access to the Specific Terms and Conditions through the Application. Additionally, the User may select a charging plan through the Application and may choose another plan, provided they meet and accept the applicable contracting conditions.
• The amount for each charging SERVICE will be indicated in the Specific Terms and Conditions or in the applicable charging plan terms available in the Application. The User must accept these terms in order to initiate the provision of the SERVICE.
• In the event that the User utilizes the SERVICE using their RECHARGE CARD, the amount for each recharge SERVICE will be the same as if they were using the Application.
• Modification of prices: Prices for the SERVICE may be subject to changes at any time. In any case, they will always be displayed updated on each selectable charger via the Application and will not be modified in the course of a charge.

• INVOICING: In both modes of SERVICE use, whether OCCASIONAL RELATIONSHIP or CONTRACTUAL RELATIONSHIP, the invoices will reflect the agreed SERVICE prices, as well as any other applicable billing items. The invoice will detail the taxes and surcharges included in the price, to which any that may be approved by the Administration during the term of the SERVICE will be added, if applicable.
• TERMS OF PAYMENT:
• CONTRACTUAL RELATIONSHIP: In the event that the User utilizes the SERVICE through a contractual relationship with IBERDROLA, payment will be made using the debit or credit card that the User has registered in the Application, regardless of whether the User initiates the recharge through the Application or through their RECHARGE CARD if they have one.
• ONE-TIME RELATIONSHIP: In the event that the User utilizes the SERVICE through an occasional relationship, payment will be made using the debit or credit card that the User selects at the time of using the SERVICE, charged to the User's bank account.
• SUSPENSION THE SERVICE: In both modes of SERVICE use, whether OCCASIONAL RELATIONSHIP or CONTRACTUAL RELATIONSHIP, should IBERDROLA exercise its right to suspend the SERVICE, it must reimburse Users with the amounts charged in advance for services that have not been used.

• The User undertakes to use the SERVICE solely for the purpose of charging electric vehicles. Charging other devices is not permitted, nor is the use of CHARGING POINTS for purposes other than charging electric vehicles.
• Users are responsible for using the charging systems whose technical characteristics (charge mode, power, connector type, etc.) are compatible with their electric vehicle.
• The User undertakes to use the SERVICE according to the user instructions applicable to each CHARGING POINT, or the instructions shown on the display, if any. The user also undertakes to follow the instructions of the manufacturer of the electric vehicle throughout the recharging process and to use only the charging cords and other elements provided by the manufacturer or which have been authorised by the latter in the vehicle’s own instruction manual.
• The User will be responsible for faults or damage of any nature caused by breach of any of the above obligations.
• The User is responsible for fulfilling any payment obligations regarding the use of the parking space or the time it is occupied established by each company or public administration responsible for the space.

• IBERDROLA shall be liable solely and exclusively for honouring its obligations under this contract in connection with the SERVICE which has been alluded to herein and shall not be liable or make any guarantees with regard to any item that is not associated with the SERVICE itself. Similarly, IBERDROLA is exempt from liability for any actions by third parties that take place with regard to any of the recharging systems without its express authorisation.
• IBERDROLA will not be liable for:
  • Damage or injury to persons or materials caused by undue use of the charging system by the User.
  • IBERDROLA is not responsible for delays or impediment in the execution of services in the event of strikes, riots, serious weather events and other events of force majeure.
  • Damage caused to any element or its operation by third parties, unless it is the cause.
  • SERVICE failures due to unavailability of the communications service between charging systems and management and operation systems.
  • Considering that the route planning tool included in the App is for guidance only, IBERDROLA shall not be liable for any delay or unforeseen event that may arise in the trip as a result of the use of such tool. Likewise, IBERDROLA shall not be liable for any expenses arising from such delay or unforeseen event.
• Users shall be liable for any damage, impairment or harm etc. to the recharging systems that is their fault or due to either negligence or improper or inappropriate use of them.
• The parties agree that both force majeure and acts of God will exclude liability.
• IBERDROLA will have, at its own expense, the compulsory civil liability insurance policies, without excluding other additional coverage that it deems appropriate and that exceeds the minimum required, in accordance with the IBERDROLA GROUP's insurance contracting policy.

IBERDROLA may assign the Contract or the rights and obligations arising from it to any IBERDROLA subsidiary, associate or future successor companies that might provide the SERVICE covered by this Contract, simply by informing the User of the fact.

For the purposes of the personal data protection regulations, registration on and use of the App by the interested parties and acceptance of the privacy conditions and associated legal rules implies the consent of the data subjects to the processing of their data for the purposes of managing the SERVICE, managing the contractual relationship which the customer/participant, as appropriate, has with IBERDROLA and in order to send marketing messages via the conventional and electronic means of contact provided, regarding the supply of energy, products, services, and sports, cultural and charity activities in which they participate, offering benefits for its customers based on their commercial profile.
The data may be accessed by third-party service providers to manage the SERVICE.
In the case of customers, the data will be stored during the contractual relationship with IBERDROLA and, on termination of the contract, for a period of 2 years.
In other cases, the processing period will be 2 years from the collection of the data. All of this notwithstanding the obligation to block this information while complying with obligations regarding the processing and the applicable law.
Lastly, IBERDROLA hereby informs you that you may exercise your rights to access, rectification, deletion, opposition and limitation of the processing of your personal data by writing to IBERDROLA CLIENTES, S.A.U. – Att. Responsable Protección de Datos, Apartado de correos nº 1732, 28080 Madrid, Spain, or through any other IBERDROLA channel: Customer Services Telephone Number; 900 225 235; email: protecciondatos.comercial@iberdrola.es; 'My Customer Area’ at www.iberdrola.es, or any of the Service Points, indicating the identification particulars, postal or email address, reasons for the request and supporting documentation including proof of identity indicating "PUBLIC CHARGING PLAN FOR IBERDROLA CUSTOMERS".
If the participant does not obtain a satisfactory response, IBERDROLA hereby informs them of their right to submit a complaint to the Spanish Data Protection Agency, Calle Jorge Juan 6, 28001 Madrid, Spain or through its website: https://www.aepd.es/

These general terms and conditions shall be interpreted according to Spanish law. For all matters relating to interpretation, compliance and execution of these rules, IBERDROLA and the participants, expressly renouncing any other jurisdiction that may correspond to them, submit to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid.

This Acceptable Use Policy outlines permitted and prohibited conduct regarding the SERVICE. If IBERDROLA determines that a violation of this policy is intentional, repeated, or poses a significant risk to other users, customers, services, or third parties, we may suspend or deny the User's access. This policy may be updated as the Application evolves, so we recommend reviewing it periodically to stay informed of any changes.
IBERDROLA reserves the right to analyze information to protect user security and prevent unlawful activities. IBERDROLA uses detection software provided by reputable cybersecurity vendors to identify malicious events. Additionally, IBERDROLA accepts and investigates reports from customers and users regarding violations of both the Terms of Service and this Acceptable Use Policy. Trained personnel review these reports. IBERDROLA enforces strict controls over employee access to customer data, including technical safeguards and audit policies to log all access to such data.

What the User must do:

• Comply with the Terms of Service, including this Acceptable Use Policy and the Data Privacy Policy.
• Adhere to all applicable laws and governmental regulations.
• Keep passwords and login credentials confidential.
• Monitor and control all activity conducted through their account in relation to the services.
• Immediately notify IBERDROLA of any suspected or known illegal or unauthorized activity, or any security breach involving their accounts or devices, including loss, theft, disclosure, or unauthorized use of a username, password, or account.
• Ensure that the email address associated with their profile is valid and up to date, and update it as necessary.

What the User can not do:

• Do not allow unauthorized third parties to use or access their usernames or passwords for the services.
• Do not share, transfer, or allow access to an account designated for themselves or another person.
• Do not upload or transmit data, files, software, or links containing viruses, trojans, worms, or other harmful components, or any technology that illegally accesses or downloads content or information stored in the services or in IBERDROLA’s or third-party hardware.
• Do not attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the services, third-party use of the services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law).
• Do not attempt to gain unauthorized access to the services or related systems or networks, or attempt to bypass any software protection or control mechanisms of the services.
• Do not access the services for the purpose of building a similar or competitive product or service, or copy ideas, features, functions, or graphics of the services.
• Do not impersonate any person or entity, including IBERDROLA employees, administrators, owners, or any authorized user.
• Do not misrepresent or falsify affiliation with any person, organization, or entity.
• Do not create or access service accounts through unauthorized means, such as web scraping or creating multiple accounts.
• Do not send unsolicited communications, promotions, advertising, or spam.
• Do not send altered, misleading, or false source-identifying information, including phishing.
• Do not sublicense, resell, share time, or otherwise exploit the services in a similar manner.
• Do not allow, enable, induce, or encourage third parties to perform any of the above actions.

Users must use strong and complex passwords and securely maintain the confidentiality of authentication information, including:

• Do not share or disclose their application credentials with others.
• Keep authentication information confidential and ensure it is not disclosed to third parties, including requests from superiors or IT support services.
• Do not record secret authentication information (e.g., on paper, in software files, or on portable devices), unless it can be stored securely.
• Change secret authentication information whenever there is any indication that it may have been compromised.

The SERVICE allows users to charge their electric vehicles at public charging points made available by Iberdrola through the App.
The SERVICE also enables users to make reservations at charging points that can be reserved via the App.
Charging points with restricted access that the user may utilize due to specific charging conditions agreed with the owners of such points will maintain those specific conditions and will not be subject to the terms of the SERVICE.
Charging conditions at domestic charging points will be those specifically agreed for such points and will remain outside the scope of the SERVICE conditions.

The user shall pay for each charge upon its completion, based on the kWh consumed and the type of charging point used. Payment shall be made by bank card. To do so, the user must register a valid credit or debit card in the App prior to charging.
The charging price will be the one indicated in the App for each charging point. This price may be modified by IBERDROLA without prior notice, except during an ongoing charging session.
Additional charges may apply beyond the energy charged, such as fees for unused reservations or for occupying the charging space beyond the allowed time, among others. These charges will be communicated in advance via the App so that the user can decide whether to proceed with the operation.
If the user is eligible for any promotion through the App, it will be applied according to the terms set out in the legal bases of said promotion.
If the user belongs to a group entitled to special charging conditions at certain public access charging points, the system will compare those conditions with the SERVICE conditions and apply the most beneficial ones. If the special conditions for such group apply only to restricted access charging points, the group’s conditions will be applied.

IBERDROLA reserves the right to modify or revoke these conditions at any time, without prior notice. Any changes will be published in the same location where these conditions are made available.

Use of the SERVICE implies full acceptance of these Specific Conditions, as well as acceptance of IBERDROLA’s interpretation of them. Any statement of non-acceptance will result in the exclusion of the participant, and consequently, IBERDROLA will be released from any obligation towards said participant in relation to the SERVICE.