Terms & Conditions

1. Introduction and Acceptance

These Terms of Service (the "Terms") govern access to and use of the Take a charge website, the mobile application (the "App") and the power bank rental services (together, the "Service"). By creating an account or using the Service, you enter into a legally binding contract with us and confirm that you have read, understood and accepted these Terms, our Privacy Policy and our Cookie Policy. If you do not agree, you must stop using the Service immediately.

2. Company Information

The Service is operated by:

• TAKE A CHARGE, SL ("Take a charge", "we", "us" or "our")
• Registered office: Carrer d’Aribau 258, 08006 Barcelona, Spain
• Tax ID (CIF): B24880320
• Email: support@takeacharge.com — Website: https://www.takeacharge.com

3. Definitions

• "User" or "you": any person who accesses or uses the Service.
• "Consumer": a User acting for purposes outside their trade, business, craft or profession, within the meaning of Directive 2011/83/EU and the Consolidated Text of the Spanish General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007, "TRLGDCU").
• "Power Bank": a portable battery made available for rental through the Service.
• "Station": an official Take a charge dispensing and return terminal.
• "Rental": each individual service contract concluded when you unlock a Power Bank through the App, ending when the Power Bank is correctly returned to a Station or is deemed lost in accordance with Clause 8.

4. Capacity to Contract

To create an account and rent a Power Bank, you must be at least 18 years old and have the legal capacity to enter into binding contracts, as a valid payment method is required. By using the Service, you represent and warrant that you meet these requirements.

5. Description of the Service

Take a charge provides a self-service Power Bank rental network, accessible through the App. The website serves as an information platform and contact point for Users and prospective business partners. Merely browsing the website or submitting a contact form does not create any contractual relationship; each Rental constitutes an independent service contract, governed by these Terms and by the specific price and time conditions displayed in the App before you confirm the Rental.

6. User Accounts and Responsibilities

To use the rental service you must download the App and create an account, providing true, complete and up-to-date information. You are responsible for keeping your credentials confidential and for all activity carried out through your account; you must notify us without undue delay at support@takeacharge.com of any unauthorised use. You agree to use the Service only for lawful purposes, not to interfere with the proper functioning of the App or the Stations, and to use the Power Banks with due care and in accordance with the safety instructions displayed in the App (in particular, not to open, puncture, submerge, expose to fire or otherwise tamper with the lithium battery).

7. Prices, Payments and Pre-authorisation

All applicable prices — including per-minute or per-hour rental rates, daily caps and the maximum amount charged for a lost or unreturned Power Bank — are displayed in the App, inclusive of VAT where applicable, before you confirm each Rental. By confirming a Rental, you accept those charges.

Rates apply per billing period started (for example, each hour or each 30 minutes, as shown in the App). Any part of a started period is charged as a full period. For example, with an hourly rate, a Rental of 1 hour and 2 minutes is charged as 2 hours. The first minute of each Rental is free of charge: if the Power Bank is returned within the first minute, no amount will be charged. The total amount will never exceed the daily cap shown in the App.

Payments are processed securely through our third-party payment provider, Stripe. We do not store your full card details. When you start a Rental, a temporary pre-authorisation (hold) may be placed on your payment method for the amount indicated in the App; this is not a charge, and it is released or adjusted when the Rental ends, with only the amounts actually incurred being deducted.

8. Rental Period, Return and Lost Devices

You must return the Power Bank at any official Station within the maximum rental period indicated in the App. A return is only deemed completed when the Station confirms acceptance of the device in the App. If a Power Bank is not returned within the maximum period, or is returned damaged due to misuse, we may charge your payment method the replacement or damage fee displayed in the App at the start of the Rental. Once the non-return fee has been charged, the Rental ends and no further rental charges accrue for that device. These amounts constitute a reasonable advance estimate of our loss, not a penalty, and do not affect the mandatory rights you hold as a Consumer.

9. Right of Withdrawal (EU Consumers)

If you are a Consumer in the European Union, you generally have the right to withdraw from a distance service contract within 14 calendar days without giving any reason (Articles 9 and 16(a) of Directive 2011/83/EU; Articles 102 and 103 of the TRLGDCU).

Since each Rental is a service performed immediately at your request, by unlocking a Power Bank you (i) expressly request that we begin performing the service immediately, and (ii) acknowledge that you will lose your right of withdrawal once the service has been fully performed, that is, when the Rental has ended. If you withdraw before the Rental has been fully performed, you must pay us an amount proportionate to the service provided up to the moment of withdrawal. Account creation is free of charge and you may close your account at any time in accordance with Clause 12.

10. Refunds, Cancellations and Complaints

You may end a Rental at any time by returning the Power Bank to an official Station; charges apply based on the rental duration, calculated in accordance with Clause 7, and the rates displayed in the App.

Without prejudice to your statutory rights, refunds will be granted in justified circumstances, including:

• a verified technical malfunction of a Station or Power Bank that prevented proper use of the Service;
• a billing error directly attributable to Take a charge;
• a confirmed failure of the rental process in which no device was dispensed.

Refund requests should be sent to support@takeacharge.com, preferably within 7 calendar days of the incident so that we can investigate it effectively, together with the relevant details (transaction reference, times, Station location). We assess each request individually and will respond within a reasonable time. Refunds will not be granted for user error, misuse, failure to follow the App instructions or late returns. Nothing in this Clause limits or excludes the mandatory rights or remedies available to you as a Consumer under applicable law, including the statutory remedies for lack of conformity of services provided for in the TRLGDCU.

11. App Permissions and Acceptable Use

The App may request access to certain device features: the camera (to scan QR codes at Stations) and location (to show nearby Stations). These permissions are optional and can be disabled at any time in your device settings, although doing so will limit essential functionality. You agree not to misuse the App, not to attempt unauthorised access, not to reverse engineer, not to interfere with the operation of the Service or the Stations, not to damage our equipment and not to use the Service for unlawful purposes. Physical damage to or theft of our equipment may give rise to liability for the harm caused and may be reported to the competent authorities.

12. Suspension and Termination

You may close your account at any time through the App or by writing to support@takeacharge.com; closure does not affect charges already incurred. We may suspend or terminate your access, with reasonable notice where possible, if you materially breach these Terms, engage in fraud or abuse, or where required by law. In cases of serious breach (for example, fraud, theft or intentional damage), suspension may be immediate. You may contest a suspension or termination by contacting us at support@takeacharge.com.

13. Partner Applications

Submitting a partnership application through our website does not guarantee acceptance and does not create any contractual relationship. We reserve the right to review and accept or reject applications at our sole discretion. Accepted partnerships will be governed exclusively by a separate written contract setting out all commercial terms.

14. Intellectual and Industrial Property

All content, trademarks, corporate identity, design, software and databases associated with the Take a charge platform are the exclusive property of TAKE A CHARGE, SL or its licensors and are protected by intellectual and industrial property law. You are granted a limited, non-exclusive, non-transferable and revocable licence to use the App for personal, non-commercial purposes within the scope of the Service. Any other reproduction, distribution or use without our prior written consent is prohibited.

15. Warranties and Limitation of Liability

We will provide the Service with reasonable care and skill. However, the Service depends on factors partly beyond our control (mobile networks, device compatibility, power supply), so we do not guarantee uninterrupted or error-free operation.

To the maximum extent permitted by applicable law, we will not be liable for indirect or consequential damages, loss of business, loss of profit or loss of data arising from the use of the Service.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) wilful misconduct or gross negligence; (c) defective products under applicable product liability law; or (d) any other liability that cannot be excluded or limited under applicable law. If you are a Consumer, nothing in these Terms affects your statutory rights, which will prevail over any provision to the contrary.

16. Force Majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including network or power outages, natural disasters, epidemics, strikes or acts of the authorities. Payment obligations already incurred will not be affected.

17. Changes to the Terms

We may update these Terms for valid reasons, such as legislative changes, new features or security requirements. Material changes will be notified through the App or by email at least 15 days before they take effect. If you do not agree with the changes, you may close your account free of charge before the effective date. Continued use of the Service after that date will constitute acceptance of the updated Terms. Changes will not apply retroactively to Rentals already completed.

18. Governing Law and Jurisdiction

These Terms are governed by Spanish law. If you are a Consumer habitually resident in another EU Member State, you also benefit from the protection of the mandatory consumer law provisions of your country of residence (Article 6 of Regulation (EC) No 593/2008, "Rome I").

If you are a Consumer, you may bring any dispute before the courts of your place of domicile, in accordance with the mandatory rules on jurisdiction. If you use the Service in the course of a trade, business or profession, the courts of Barcelona (Spain) will have exclusive jurisdiction.

19. Dispute Resolution

If you have a complaint, please contact us first at support@takeacharge.com; we will endeavour to resolve it amicably. If you are a Consumer and we are unable to resolve the dispute, you may refer it to an accredited alternative dispute resolution (ADR) entity in accordance with Directive 2013/11/EU and Spanish Law 7/2017, including the Consumer Arbitration System (Sistema Arbitral de Consumo), and you may also contact the consumer authorities of your place of residence. Recourse to these mechanisms is voluntary and does not affect your right to go to court.

20. Final Provisions

• Severability: if any provision of these Terms is declared invalid or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be replaced by a valid one that reflects its purpose as closely as possible.
• Assignment: we may assign these Terms to a company in our group or in the context of a merger or sale of the business, provided your rights are not diminished; you may not assign your account without our consent.
• No waiver: failure to exercise any right does not constitute a waiver of that right.
• Entire agreement: these Terms, together with the Privacy Policy, the Cookie Policy and the conditions displayed in the App for each Rental, constitute the entire agreement between you and us in relation to the Service.
• Language: these Terms may be available in several languages. For Consumers resident in Spain, the Spanish version will prevail; in all other cases, and to the extent permitted by mandatory consumer law, the English version will prevail.