GLUCOSENSOR.COM WEBSITE END-USER LICENSE AGREEMENT (EULA) AND TERMS OF USE
MEDICAL DISCLAIMER (SUMMARY)
The information and content provided on GlucoSensor.com are intended for general informational purposes only and should not be considered medical advice. Always consult a qualified healthcare provider regarding any medical concerns or conditions. The GlucoSensor CGM System provides indicative glucose readings for adjunctive use only. Users must confirm glucose readings through a traditional blood glucose fingerstick test before making medical decisions and follow professional medical guidance at all times. For complete details on intended use and limitations, please review our separate Legal Disclaimer and the App End-User License Agreement (App EULA).
Version: V010726
Effective date: 1 July 2026
Issued by: Maralvion sp. z o.o.
Applicable website: www.glucosensor.com
Scope: Website, webshop, Account and online ordering only
Contact: support@glucosensor.com
ARTICLE 1. DEFINITIONS
1.1 In this Website EULA, the following terms have the meanings set out below.
1.2 “Account” means a customer account created or used through the Website, webshop or related online account environment to access Website functionality, place or manage orders, view order history, manage customer details, manage Subscriptions where available, communicate with customer support or use related Website services. Where Maralvion enables a shared account environment, the same Account credentials may also be used to log into the App, subject to the App EULA, App activation, verification, technical availability and applicable security requirements.
1.3 “App” means the GlucoSensor™ Q mobile application made available by or on behalf of Maralvion for use with the GlucoSensor™ Q System.
1.4 “App EULA” means the App End User License Agreement for the GlucoSensor Q App, as published by Maralvion and updated in accordance with its terms and applicable law.
1.5 “Authorised Representative” means Firsteck Bio S.r.l., Via Salvatore Quasimodo 36/38, 40013 Castel Maggiore, Italy, acting as authorised representative of the Manufacturer within the European Union for GlucoSensor Q, where and to the extent indicated in the applicable regulatory documentation.
1.6 “Consumer” means a natural person who uses the Website, creates an Account or purchases Products for purposes that are outside that person’s trade, business, craft or profession.
1.7 “Dreisam” or “Manufacturer” means Dreisam (Beijing) Medical Technology Co., Ltd., Liangshuihe 1st Street, Room 101, 1F, Building 9, Zone 1, Court 7, Beijing 100176, P.R.C., as legal manufacturer of the GlucoSensor™ Q System.
1.8 “GDPR” means Regulation (EU) 2016/679, the General Data Protection Regulation.
1.9 “General Delivery Terms” means the GlucoSensor Q General Delivery Terms published by Maralvion, as updated in accordance with their terms and applicable law.
1.10 “GlucoSensor”, “GlucoSensor™ Q”, “we”, “us” or “our” means Maralvion, unless the context clearly refers to the GlucoSensor brand, the Website, the Product, the App, the GlucoSensor™ Q System or another GlucoSensor related service.
1.11 “GlucoSensor™ Q System” or “System” means the CE marked Class IIb GlucoSensor™ Q Continuous Glucose Monitoring system, Model D1, manufactured by Dreisam and made available by Maralvion under the GlucoSensor™ Q brand in selected European markets. The System consists of the Sensor and the App and must be used in accordance with the Instructions for Use (IFU), product labelling and applicable product information. In this Website EULA, references to the System are included only to identify Products offered through the Website and to allocate Website related responsibilities. Use of the App, Sensor activation, glucose related functionality and App generated information is governed separately by the App EULA, the Legal Disclaimer for the GlucoSensor Q App, the Instructions for Use (IFU) and applicable product information.
1.12 “Health Data” means Personal Data relating to the physical or health status of a User, including glucose values, glucose trends, Time in Range, hypo and hyper events, alerts, reports, health related notes and other information that qualifies as data concerning health under the GDPR.
1.13 “Instructions for Use (IFU)” means the manufacturer’s instructions, warnings, contraindications, limitations, safety information and user guidance applicable to GlucoSensor Q.
1.14 “Legal Documents” means this Website EULA, the Privacy Policy, the Website Legal Disclaimer, the General Delivery Terms, the Returns and Refund Policy, the Sensor Replacement Policy, the App EULA, the Legal Disclaimer for the GlucoSensor Q App, the Instructions for Use (IFU), product labelling and other mandatory product information where applicable.
1.15 “Maralvion” means Maralvion sp. z o.o., Pl. Władysława Andersa 3, 11th Floor, 61-894 Poznań, Poland, KRS: 0001235440.
1.16 “MDR” means Regulation (EU) 2017/745 on medical devices.
1.17 “Personal Data” has the meaning given to that term under the GDPR.
1.18 “Privacy Policy” means the GlucoSensor Q Privacy Policy published by Maralvion, as updated in accordance with its terms and applicable law.
1.19 “Product” means any GlucoSensor™ Q System, Sensor, Startset, accessory, replacement product, subscription product or other product offered for sale by Maralvion through the Website. Where a Product includes or requires digital elements, App functionality or use of the GlucoSensor™ Q System, those elements are governed by the applicable Legal Documents, including the App EULA where relevant.
1.20 “Returns and Refund Policy” means the GlucoSensor Q Returns and Refund Policy published by Maralvion, as updated in accordance with its terms and applicable law.
1.21 “Sensor” means the disposable GlucoSensor™ Q sensor assembly supplied in its applicator and intended to be applied, activated, worn, used, removed and replaced in accordance with the Instructions for Use (IFU). The applicator is supplied to place the Sensor and is not a separate reusable System component.
1.22 “Sensor Replacement Policy” means the GlucoSensor Q Sensor Replacement Policy published by Maralvion, as updated in accordance with its terms and applicable law.
1.23 “Startset” means a GlucoSensor Q introductory product configuration offered through the Website, consisting of the Products and accessories identified in the checkout, product page or order confirmation.
1.24 “Subscription” means a recurring purchase arrangement for Products, where offered by Maralvion through the Website, under which Products are supplied at recurring intervals in accordance with the General Delivery Terms, the checkout information, the applicable Subscription conditions and mandatory consumer law.
1.25 “User”, “you” or “your” means any person who accesses or uses the Website, creates or uses an Account, places an order, manages an order or Subscription, contacts customer support through Website related channels or otherwise uses Website services.
1.26 “Website” means the GlucoSensor website, webshop and related online account environment operated by or on behalf of Maralvion at www.glucosensor.com.
1.27 “Website EULA” means this Website End User License Agreement and Terms of Use for the GlucoSensor Website, webshop, Account and online ordering environment.
1.28 “Website Legal Disclaimer” means the GlucoSensor Q Website Legal Disclaimer published by Maralvion, as updated in accordance with its terms and applicable law.
ARTICLE 2. SCOPE, ACCEPTANCE AND LEGAL EFFECT
2.1 This Website EULA governs your access to and use of the Website, webshop, Account, Website content, Website related customer support flows and online ordering environment.
2.2 This Website EULA applies to all Users who access the Website, create or use an Account, place or manage an order, manage a Subscription where available, contact customer support through Website related channels or otherwise use Website services.
2.3 This Website EULA does not govern the use of the App, Sensor activation, Sensor communication, glucose measurement functionality, alerts, Reports, Share and Follow functionality, App generated information, the Manufacturer SDK or Health Data processing through the App. Those matters are governed by the App EULA, the Legal Disclaimer for the GlucoSensor Q App, the Privacy Policy, the Instructions for Use (IFU), product labelling and applicable product information.
2.4 Where you place an order through the Website, the purchase contract, order process, payment, delivery, risk transfer, Subscription terms where applicable, cancellation, return, refund, statutory conformity and Product related commercial remedies are governed by the General Delivery Terms, the Returns and Refund Policy, the Sensor Replacement Policy, the checkout information and mandatory applicable law. This Website EULA governs Website use and Account use and does not duplicate those commercial terms.
2.5 The Website is not designed to collect, display, analyse or store glucose values, App readings, App Reports, Sensor data or other Health Data. You must not enter Health Data into Website order fields, checkout fields, Account fields, general contact forms or other Website fields, unless Maralvion expressly requests specific information through an official GlucoSensor support channel for customer support, complaint handling, safety related reporting, warranty assessment, replacement assessment or another legally valid purpose. Any Personal Data submitted through the Website is processed in accordance with the Privacy Policy.
2.6 By accessing or using the Website, you agree to use the Website in accordance with this Website EULA to the extent that such agreement is legally valid. When you create an Account, place an order, confirm a checkout step or accept Website terms by ticking an acceptance box, you agree to be bound by this Website EULA, the General Delivery Terms and the other applicable Legal Documents where such acceptance is legally valid.
2.7 If you do not agree to this Website EULA, you must not create an Account, place an order or use Website functionality for which acceptance of this Website EULA is required.
2.8 Acceptance of this Website EULA does not constitute acceptance of the App EULA. The App EULA must be separately reviewed and accepted before you use the App, activate App functionality or use the App in connection with GlucoSensor Q.
2.9 This Website EULA does not limit any mandatory rights that you may have under applicable consumer protection law, medical device law, product liability law, data protection law or other mandatory applicable law.
2.10 The Website and Products are made available only in selected countries where Maralvion offers GlucoSensor Q. Product availability, delivery options, languages, prices, payment methods, support options and Subscription options may differ by country.
2.11 The Website is not directed at persons located in countries where Maralvion does not make the Website or Products available. If you access the Website from outside an available country, you are responsible for complying with local laws that apply to you, and Maralvion is not required to accept orders, provide delivery or provide support outside its available markets.
ARTICLE 3. WEBSITE OPERATOR, PRODUCT ROLES AND LEGAL DOCUMENT MATRIX
3.1 The Website is operated by Maralvion. Maralvion acts within its own role as Website operator, online seller, customer support contact for Website orders and, where applicable, EU importer of Products made available through the Website.
3.2 Dreisam is the legal Manufacturer of the GlucoSensor™ Q System. Dreisam remains responsible within its manufacturer role for System design, manufacture, conformity assessment, CE marking, technical documentation, clinical performance, Sensor technology, manufacturer controlled software components and other manufacturer obligations under the MDR.
3.3 Firsteck Bio S.r.l. acts as Authorised Representative of the Manufacturer within the European Union where and to the extent indicated in the applicable regulatory documentation.
3.4 Maralvion is not the Manufacturer of the GlucoSensor™ Q System and does not independently design, manufacture, validate, alter or replace the Sensor, the manufacturer controlled medical measurement functionality or the manufacturer controlled functionality used to generate glucose related information.
3.5 Maralvion may operate, maintain, update and configure the Website, webshop, Account environment, Website content, local market information, product pages, checkout flow, customer support flows, customer communications and other Website related services within Maralvion’s own role.
3.6 Product pages on the Website may provide Product information, commercial information, safety notices, product identification, manufacturer information, Authorised Representative information, importer information, delivery information, price information and other information required for online sales. Website information must not be used as a substitute for the Instructions for Use (IFU), product labelling, mandatory safety information or professional medical guidance where applicable.
3.7 The Legal Documents apply as follows.
3.7.1 This Website EULA governs Website access, Website use, the webshop, Account use and Website related services.
3.7.2 The General Delivery Terms govern ordering, payment, delivery, risk transfer, Subscription terms where applicable and related commercial conditions.
3.7.3 The Returns and Refund Policy governs withdrawal, returns, refunds and related return procedures.
3.7.4 The Sensor Replacement Policy governs Sensor replacement requests, replacement conditions, exclusions and related assessment procedures.
3.7.5 The Privacy Policy governs the processing of Personal Data, including Website account data, order data, customer support data and, where applicable, App related Personal Data and Health Data.
3.7.6 The Website Legal Disclaimer governs Website content, general information, educational information, product information presented on the Website and the limitations applicable to reliance on Website content.
3.7.7 The App EULA governs access to and use of the App, App functionality, Sensor activation through the App, App generated information, Reports, Share and Follow functionality, App updates, App security, App support and related digital services.
3.7.8 The Legal Disclaimer for the GlucoSensor Q App governs medical device related warnings, App related medical limitations, glucose information, alerts, Reports and other App related safety and disclaimer matters.
3.7.9 The Instructions for Use (IFU), product labelling and mandatory product information govern the safe and correct use of GlucoSensor Q.
3.8 In the event of a conflict between this Website EULA and another Legal Document, the document that specifically governs the relevant subject matter prevails for that subject matter only.
3.9 In the event of a conflict concerning ordering, payment, delivery, risk transfer, Subscription terms or commercial fulfilment, the General Delivery Terms prevail for that subject matter.
3.10 In the event of a conflict concerning withdrawal, returns or refunds, the Returns and Refund Policy prevails for that subject matter.
3.11 In the event of a conflict concerning Sensor replacement, Product replacement assessment or replacement exclusions, the Sensor Replacement Policy prevails for that subject matter.
3.12 In the event of a conflict concerning Personal Data or Health Data processing, the Privacy Policy prevails for privacy and data protection matters.
3.13 In the event of a conflict concerning App use, App functionality, Sensor activation through the App, App generated information, the Manufacturer SDK, Reports, Share and Follow functionality or App support, the App EULA prevails for that subject matter.
3.14 In the event of a conflict concerning the official intended purpose, target population, indications, contraindications, warnings, limitations, CE marking, product identification, product performance specifications or mandatory information required for the safe and correct use of GlucoSensor Q, the applicable product labelling, mandatory regulatory information, safety notices and Instructions for Use (IFU), where applicable to that specific matter, prevail for that matter only.
3.15 Nothing in this Website EULA or any other Legal Document limits mandatory consumer rights, mandatory medical device rights, mandatory data protection rights, mandatory product liability rights or other mandatory rights that cannot lawfully be limited.
ARTICLE 4. ELIGIBILITY, ACCOUNT AND CUSTOMER INFORMATION
4.1 The Website is intended for Users aged 18 years and older who are legally capable of entering into a binding agreement. If you are younger than 18 years old, you must not create an Account, place an order or use the Website to purchase Products.
4.2 GlucoSensor Q is intended for adults aged 18 years and older, as further described in the Instructions for Use (IFU), product labelling, App EULA and applicable product information.
4.3 If you purchase Products as a Consumer, you benefit from mandatory consumer rights that apply to you under applicable law. If you purchase Products for business, professional, resale, clinical, institutional or commercial purposes, consumer rights may not apply and Maralvion may require separate written terms before accepting or fulfilling such orders.
4.4 Products purchased through the Website are intended for lawful personal use unless Maralvion expressly agrees otherwise in writing. You must not resell, redistribute, export, commercially exploit or supply Products to third parties through unauthorised channels without Maralvion’s prior written consent and without complying with all applicable legal and regulatory requirements.
4.5 Maralvion may require an Account for certain Website functions, including order placement, order history, Subscription management where available, customer support, warranty handling, replacement handling, refund handling, product safety communications and related Website services.
4.6 The Account may be created through the Website, webshop, App or another authorised registration flow made available by Maralvion. Where Maralvion enables a shared Account environment, the same Account credentials created through the Website or webshop may be used to log into the App, subject to App activation, verification, technical availability, the App EULA and applicable security requirements.
4.7 Creating a Website Account does not by itself activate a Sensor, start App functionality, confirm compatibility with your mobile device, confirm suitability of GlucoSensor Q for you or replace the need to review and follow the Instructions for Use (IFU), product labelling and App EULA where applicable.
4.8 You must provide accurate, current and complete information when creating an Account, placing an order, managing a Subscription, submitting a support request, requesting a return, requesting a refund, requesting a replacement or otherwise using Website services.
4.9 You must promptly update your Account information if your name, email address, billing address, delivery address, payment information or other relevant information changes.
4.10 You are responsible for ensuring that delivery details are correct before submitting an order. Maralvion is not responsible for failed, delayed or incorrect delivery to the extent caused by incorrect or incomplete information provided by you, except where mandatory applicable law provides otherwise.
4.11 You are responsible for keeping your login details confidential and for activities carried out through your Account, unless those activities result from a security failure for which Maralvion is legally responsible.
4.12 You must not share your login credentials with another person, allow unauthorised access to your Account or use another person’s Account without permission.
4.13 You must contact Maralvion at support@glucosensor.com without undue delay if you suspect unauthorised access, Account misuse, compromised login credentials, incorrect order activity, payment misuse or another security issue related to your Account.
4.14 Maralvion may refuse, suspend, restrict or terminate access to an Account, order flow, Subscription function or Website service where reasonably necessary to protect Website security, prevent misuse, prevent fraud, comply with legal obligations, protect other Users, investigate suspected unlawful activity, address non payment, handle chargebacks, respond to product safety concerns or protect the proper operation of the Website.
4.15 Where reasonably possible and legally appropriate, Maralvion will make reasonable efforts to inform you of the reason for an Account restriction, unless notification would be unlawful, unsafe, impractical, harmful to security, harmful to fraud prevention, harmful to an investigation or inconsistent with mandatory legal or regulatory obligations.
ARTICLE 5. WEBSITE USE AND PROHIBITED USE
5.1 Subject to your compliance with this Website EULA and mandatory applicable law, Maralvion grants you a limited, personal, non exclusive, non transferable and revocable right to access and use the Website for lawful personal purposes, including viewing Website content, creating or managing an Account, placing or managing orders, managing Subscriptions where available, contacting customer support and using other Website functionality made available by Maralvion.
5.2 This Website EULA does not transfer ownership of the Website, Website content, the webshop, the Account environment, software, databases, design elements, product pages, text, images, trade names, trademarks, domain names or other intellectual property rights to you.
5.3 You must use the Website only in accordance with this Website EULA, the applicable Legal Documents and applicable law.
5.4 You must not use the Website for any unlawful, fraudulent, misleading, abusive, harmful, unsafe, unauthorised, commercial, competitive, regulatory non compliant or otherwise improper purpose.
5.5 You must not attempt to gain unauthorised access to the Website, Accounts, servers, databases, payment flows, technical interfaces, security features, order systems, customer support systems or systems of Maralvion, service providers or other Users.
5.6 You must not interfere with, overload, disrupt, damage, scan, scrape, extract data from, circumvent security features of or otherwise misuse the Website, the webshop, the Account environment, APIs, checkout functionality, support functionality or other Website related systems.
5.7 You must not use bots, crawlers, scrapers, automated tools, bulk extraction methods or other automated access methods to access, copy, monitor, test, extract or reproduce Website content, prices, product data, customer data, order flows or technical information, except where Maralvion has given prior written consent or where such restriction is not permitted under mandatory applicable law.
5.8 You must not copy, reproduce, modify, translate, adapt, publish, distribute, sell, commercially exploit, frame, mirror or create derivative works based on the Website, Website content, product pages, product images, product descriptions, trade names, trademarks, design elements or related materials without prior written consent from Maralvion or the relevant rights holder.
5.9 You must not use the Website to develop, test, benchmark, train, validate, promote or improve competing products, competing services, competing platforms, competing software, competing medical device systems, competing datasets or competing commercial activities without prior written consent from Maralvion.
5.10 You must not misrepresent your identity, create an Account using false information, impersonate another person, use another person’s Account, submit fraudulent orders, submit fraudulent payment information, submit fraudulent refund requests, submit fraudulent replacement requests or interfere with the lawful use of the Website by other Users.
5.11 You must not submit, upload, transmit or share unlawful, false, misleading, defamatory, abusive, discriminatory, harmful, obscene, fraudulent, infringing, privacy violating, malicious or otherwise inappropriate content through the Website, an Account, a review function, a contact form, a support channel or any other Website functionality.
5.12 Maralvion may remove, restrict, refuse or disable access to content, Account functionality, Website functionality, orders, Subscriptions, support functionality or other Website services where reasonably necessary to protect Website security, prevent misuse, prevent fraud, comply with legal obligations, protect other Users, investigate suspected unlawful activity, address payment issues, respond to product safety concerns or protect the proper operation of the Website.
5.13 Any restriction, suspension or termination under this Article 5 will be applied only to the extent reasonably necessary and in accordance with mandatory applicable law.
ARTICLE 6. PRODUCT INFORMATION, ONLINE OFFER AND CONTRACT FORMATION
6.1 The Website may display Product information, Product availability, prices, promotional information, delivery information, subscription information, product images, product descriptions, safety references, product identification, manufacturer information, Authorised Representative information, importer information and other information relevant to online ordering.
6.2 Product information on the Website is intended to support the online ordering process and general understanding of Products offered by Maralvion. It does not replace the Instructions for Use (IFU), product labelling, mandatory safety information, the App EULA, the Legal Disclaimer for the GlucoSensor Q App or professional medical guidance where applicable.
6.3 Before you place an order, the checkout process will provide or make available the material information required by applicable law, including the main characteristics of the Products, the identity of Maralvion, the total price, applicable taxes, delivery costs, payment methods, delivery restrictions, delivery information, the existence of the right of withdrawal where applicable, relevant exceptions, and the Legal Documents applicable to the order.
6.4 Product pages, Website content, advertisements, promotions and other Website information are not binding offers unless they are expressly identified as binding offers under applicable law or under the applicable checkout information. They are invitations to place an order.
6.5 You place an order by selecting the Products, entering the required customer and delivery information, selecting an available payment method, reviewing the order summary, accepting the applicable Legal Documents where required and clicking the final order button in the checkout.
6.6 The final order button must clearly indicate that placing the order creates an obligation to pay, where such wording is required by applicable law.
6.7 Before submitting an order, you must carefully review the order summary, Product selection, quantity, price, delivery address, billing details, payment method and other relevant information. You are responsible for correcting errors before submitting the order.
6.8 After you submit an order, Maralvion will send an electronic confirmation of receipt or order confirmation to the email address provided by you. The exact moment of contract formation is governed by the General Delivery Terms, the checkout information and the order confirmation.
6.9 Unless the checkout information or the General Delivery Terms state otherwise, the purchase contract is concluded when Maralvion confirms acceptance of your order by email or another durable medium.
6.10 Maralvion may refuse or cancel an order before contract formation where Products are unavailable, payment authorisation fails, payment is not received, delivery is not available to the requested country or address, the order appears fraudulent, the order appears to be for unauthorised resale or commercial use, the order breaches applicable law, the order breaches this Website EULA or another Legal Document, or the Website contains an obvious error in price, Product information or availability.
6.11 If an order has already been accepted, Maralvion may cancel or amend the order only where permitted by the General Delivery Terms, mandatory applicable law or an agreement with you. If Maralvion cancels an accepted order after payment and you are not at fault, Maralvion will refund the relevant amount in accordance with the General Delivery Terms and mandatory applicable law.
6.12 Product availability shown on the Website is not guaranteed until the order has been accepted and confirmed. Maralvion may limit quantities, restrict purchases, withdraw Products from sale, change Product configurations or discontinue Products where reasonably necessary for operational, commercial, regulatory, safety, supply chain or legal reasons.
6.13 Product images, packaging images, Website illustrations and promotional visuals are intended to represent the Product in a clear and accurate manner, but minor differences in packaging, presentation, language versions, accessories, labels or product configuration may occur where these differences do not affect Product conformity, mandatory safety information or your statutory rights.
6.14 Placing an order does not mean that Maralvion has assessed whether GlucoSensor Q is medically suitable for you, whether you are eligible for reimbursement, whether your insurer will cover the Product, whether the Product is appropriate for your individual circumstances or whether the Product will meet personal expectations that are not part of the contract.
6.15 The Website may contain promotional codes, discounts, introductory offers or other commercial offers. Such offers apply only under the conditions stated with the offer, may be subject to availability, may be limited by country, period, quantity, customer group or Product type, and may be withdrawn or corrected where permitted by applicable law.
6.16 If there is a conflict between this Article 6 and the General Delivery Terms concerning contract formation, order acceptance, payment, delivery, risk transfer or order fulfilment, the General Delivery Terms prevail for that subject matter, subject always to mandatory applicable law.
ARTICLE 7. PRICES, PAYMENT, DELIVERY, SUBSCRIPTIONS AND ORDER MANAGEMENT
7.1 Prices are displayed on the Website or during checkout in the applicable currency for the selected country or market.
7.2 Unless clearly stated otherwise, prices shown to Consumers include applicable VAT or equivalent sales tax. Delivery costs, payment costs, import costs, duties or other additional costs will be shown before you place an order where such costs apply and are known or can reasonably be calculated in advance.
7.3 If additional costs cannot reasonably be calculated in advance, the Website or the General Delivery Terms will provide information on how those costs may be calculated, where required by applicable law.
7.4 Payment must be made using one of the payment methods made available during checkout. Available payment methods may differ by country, currency, Product, order value, customer type, risk assessment or payment provider availability.
7.5 By selecting a payment method and submitting an order, you authorise the relevant payment transaction and confirm that you are entitled to use the selected payment method.
7.6 Payments may be processed by third party payment service providers. Such providers may apply their own technical requirements, authentication steps, security checks, payment terms and privacy information. Maralvion remains responsible for its own obligations as seller, except where a payment provider is legally responsible for its own services under applicable law.
7.7 Maralvion may refuse, suspend or cancel order processing where payment is not received, payment authorisation fails, a chargeback occurs, fraud is suspected, payment information is incomplete or incorrect, or the payment method is not accepted by the payment provider.
7.8 Delivery options, estimated delivery times, shipping methods, delivery restrictions, transfer of risk, failed delivery, refused delivery, delayed delivery and related fulfilment matters are governed by the General Delivery Terms, the checkout information and mandatory applicable law.
7.9 For Consumer purchases, the risk of loss of or damage to the Products transfers to you when you, or a third party designated by you other than the carrier, have received physical possession of the Products, except where mandatory applicable law provides otherwise or where you have chosen a carrier that was not offered by Maralvion.
7.10 Maralvion will make reasonable efforts to deliver Products within the estimated delivery period shown during checkout or in the General Delivery Terms. Delivery estimates are not guaranteed delivery dates unless expressly stated as binding.
7.11 If Maralvion becomes aware of a material delivery delay, Maralvion will make reasonable efforts to inform you through the email address, Account environment or other contact details provided by you.
7.12 The Website and Products are made available only in selected countries where Maralvion offers GlucoSensor Q. Maralvion is not required to accept or fulfil orders for countries, regions, addresses, carriers, forwarding services or delivery locations that are not supported by Maralvion.
7.13 Where Subscriptions are offered, the Subscription terms shown during checkout, the General Delivery Terms and mandatory applicable law govern the recurring Product supply, billing frequency, delivery frequency, renewal, cancellation, payment method, price, changes and related Subscription conditions.
7.14 Before you enter into a Subscription, the checkout process will provide the relevant Subscription information required by applicable law, including the Products included, price, billing frequency, delivery frequency, minimum term where applicable, renewal mechanism, cancellation method and any other material recurring payment information.
7.15 By entering into a Subscription, you authorise Maralvion or its payment provider to charge the selected payment method for recurring payments in accordance with the Subscription terms accepted by you.
7.16 You may manage or cancel a Subscription through the Account environment, customer support or another method made available by Maralvion, in accordance with the General Delivery Terms, the applicable Subscription conditions and mandatory applicable law.
7.17 Cancellation of a Subscription affects future deliveries and future recurring charges only, unless the General Delivery Terms, the applicable Subscription conditions or mandatory applicable law provide otherwise. Cancellation does not automatically cancel orders already processed, Products already dispatched, payments already due, legal retention obligations, warranty matters, replacement requests, refund requests or support cases that exist independently of the Subscription.
7.18 Maralvion may change Subscription prices, Product configurations, delivery frequency or other Subscription conditions where there is a valid reason and where permitted by the General Delivery Terms, the applicable Subscription conditions and mandatory applicable law. Where required by law, Maralvion will provide advance notice and information about your rights, including any right to cancel before the change takes effect.
7.19 You are responsible for keeping your Account information, delivery address, billing details, payment method and contact details accurate and up to date. Maralvion is not responsible for failed or delayed order processing to the extent caused by inaccurate, incomplete or outdated information provided by you, except where mandatory applicable law provides otherwise.
7.20 Optional additional payments, paid add ons, shipping upgrades, accessories, services or other paid extras apply only if selected through an active choice by you. Maralvion will not charge Consumers for optional paid extras based on pre selected options, except where mandatory applicable law allows otherwise.
7.21 If there is a conflict between this Article 7 and the General Delivery Terms concerning prices, payment, delivery, risk transfer, Subscriptions or order management, the General Delivery Terms prevail for that subject matter, subject always to mandatory applicable law.
ARTICLE 8. RETURNS, REFUNDS, STATUTORY CONFORMITY AND SENSOR REPLACEMENT
8.1 Consumers have mandatory rights under applicable consumer protection law. Nothing in this Website EULA, the General Delivery Terms, the Returns and Refund Policy, the Sensor Replacement Policy or any commercial warranty limits rights that cannot lawfully be limited.
8.2 If you purchase Products as a Consumer through the Website, you may have a statutory right to withdraw from the purchase contract within 14 days without giving a reason, subject to applicable conditions, exceptions and mandatory law.
8.3 For goods, the withdrawal period normally starts on the day after you, or a third party designated by you other than the carrier, receive physical possession of the goods. Where one order is delivered in multiple shipments, the withdrawal period may start after receipt of the last good, lot or piece, where required by applicable law.
8.4 You may exercise the right of withdrawal by using the return or withdrawal method described in the Returns and Refund Policy, by using the model withdrawal form made available by Maralvion where applicable, by contacting Maralvion at support@glucosensor.com or by using any other legally valid withdrawal method made available by Maralvion.
8.5 Where required by applicable law, Maralvion will provide an electronic withdrawal function on the Website or through another online interface that allows Consumers to submit a withdrawal declaration for eligible online contracts without being required to create an Account. Where such a function is used, Maralvion will confirm receipt of the withdrawal declaration on a durable medium in accordance with applicable law.
8.6 If you validly withdraw from a purchase contract, you must return the relevant Products within the period required by the Returns and Refund Policy and mandatory applicable law.
8.7 Maralvion will refund eligible payments in accordance with the Returns and Refund Policy and mandatory applicable law. Maralvion may withhold reimbursement until the Products have been received back or until you have provided evidence that the Products have been returned, where permitted by applicable law.
8.8 You may be responsible for the direct costs of returning Products, unless Maralvion states otherwise, the Returns and Refund Policy provides otherwise or mandatory applicable law provides otherwise.
8.9 You may be liable for any diminished value of returned Products resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Products, where permitted by applicable law.
8.10 The right of withdrawal may be excluded or may be lost for Products that are sealed and are not suitable for return for reasons of health protection or hygiene if they have been unsealed after delivery, where the conditions for such exclusion are met under applicable law.
8.11 Because Sensors are body worn medical products supplied in protective packaging, opened, unsealed, activated, applied, used, damaged, contaminated or otherwise compromised Sensors may be excluded from return or refund under the Returns and Refund Policy and applicable law. This does not limit any statutory conformity rights, product safety rights, warranty rights or mandatory remedies that you may have if a Product is defective or does not conform to the contract.
8.12 If a Product does not conform to the contract or mandatory legal requirements, you may have statutory remedies under applicable consumer protection law. Depending on the circumstances and applicable law, such remedies may include repair, replacement, price reduction, termination of the contract, refund or other remedies available by law.
8.13 Statutory conformity rights are separate from commercial return rights, goodwill policies and Sensor replacement procedures. The Sensor Replacement Policy may describe practical assessment procedures and replacement conditions, but it does not remove or limit mandatory statutory rights.
8.14 If you request a return, refund, replacement, warranty assessment or conformity remedy, you must provide accurate and complete information reasonably necessary to assess the request, including order number, Product type, delivery date, batch information where relevant, photos where relevant, a clear description of the issue and any other information reasonably requested by Maralvion.
8.15 You must not submit false, misleading, incomplete or manipulated information in connection with a return request, refund request, replacement request, warranty request, conformity claim, complaint or support request.
8.16 If a Product issue may affect safe use, product quality, cybersecurity, regulatory compliance or medical device safety, Maralvion may assess, document, retain, investigate, escalate or forward relevant information to Dreisam, the Authorised Representative, service providers, competent authorities or other relevant parties where necessary or appropriate under applicable law.
8.17 Where a Product includes, depends on or is supplied together with digital elements, including the App, mandatory rights concerning digital content, digital services, updates, compatibility and conformity may apply where and to the extent required by applicable law. App use and App related statutory digital content matters are governed by the App EULA, the General Delivery Terms and mandatory applicable law.
8.18 If there is a conflict between this Article 8 and the Returns and Refund Policy concerning withdrawal, returns or refunds, the Returns and Refund Policy prevails for that subject matter. If there is a conflict concerning Sensor replacement, the Sensor Replacement Policy prevails for that subject matter. If there is a conflict concerning statutory consumer rights, mandatory applicable law prevails.
ARTICLE 9. WEBSITE CONTENT, NO MEDICAL ADVICE AND PRODUCT INFORMATION
9.1 The Website may contain product information, commercial information, educational content, blog articles, frequently asked questions, tutorials, user guidance, lifestyle related information, diabetes related information, customer support information, product safety references and other content relating to GlucoSensor Q.
9.2 Website content is provided for general information, product orientation, customer support and online ordering purposes. Website content is not personalised to your medical situation and is not based on glucose values, App readings, Sensor data, Reports, medical records, symptoms, treatment information or other Health Data.
9.3 The Website does not provide medical advice, diagnosis, treatment, emergency care, professional healthcare services, remote patient monitoring, clinical monitoring, medical supervision or individual medical recommendations.
9.4 Website content must not be used as a substitute for the Instructions for Use (IFU), product labelling, mandatory safety information, the App EULA, the Legal Disclaimer for the GlucoSensor Q App or advice from a qualified healthcare professional where medical guidance is needed.
9.5 Maralvion makes reasonable efforts to keep Website content accurate, clear and up to date. However, Website content may contain minor errors, omissions, outdated information, typographical errors, translation differences, product availability differences or presentation differences.
9.6 Maralvion may correct Website content, Product information, prices, availability information, product images, descriptions, promotions, legal notices or other Website information where necessary or appropriate, subject to mandatory applicable law and any rights that you may have after a purchase contract has been concluded.
9.7 If Website content conflicts with the checkout information concerning your specific order, the checkout information and order confirmation prevail for that order, subject to the General Delivery Terms and mandatory applicable law.
9.8 User reviews, testimonials, ratings, comments or other user submitted content, if displayed on the Website, reflect individual experiences and opinions. They do not constitute medical advice, professional advice, product guarantees, clinical evidence or statements by Maralvion unless expressly confirmed by Maralvion in writing.
9.9 Maralvion may moderate, refuse, remove, edit or disable user submitted content where reasonably necessary to prevent unlawful, misleading, offensive, privacy infringing, medical risk creating, fraudulent, promotional, irrelevant or otherwise inappropriate content, or where required for Website integrity, legal compliance, consumer protection, medical device compliance or protection of other Users.
9.10 Website content may include links, references or general explanations about diabetes, glucose monitoring, lifestyle, nutrition, exercise or related topics. Such content is general in nature and must not be interpreted as individual medical guidance, treatment instructions, medication advice, insulin dosing advice or a recommendation to start, stop or change any therapy.
9.11 If you have medical questions, symptoms, concerns about glucose levels, concerns about diabetes management, medication questions, pregnancy related questions, suspected hypoglycaemia, suspected hyperglycaemia or urgent health concerns, you should contact a qualified healthcare professional or emergency medical services where appropriate. Maralvion support is not an emergency medical service.
ARTICLE 10. PRIVACY, COOKIES AND WEBSITE DATA
10.1 Maralvion processes Personal Data in connection with Website use, Account creation, online ordering, payment administration, delivery, customer support, returns, refunds, replacement requests, complaint handling, product safety communication, Website security, legal compliance and related Website services.
10.2 Website related Personal Data may include, depending on your use of the Website, name, email address, telephone number, billing address, delivery address, Account details, order details, payment status, transaction references, delivery information, communication history, support information, return information, replacement information, complaint information, technical Website information, cookie preferences and similar Website related information.
10.3 The Website is not intended for Health Data processing. Article 2.5 applies to any Health Data or medical information submitted through Website fields or Website related support channels.
10.4 Personal Data submitted through the Website is processed in accordance with the Privacy Policy. The Privacy Policy explains, among other things, the categories of Personal Data processed, the purposes of processing, the legal bases, retention periods, recipients, international transfers where applicable, data subject rights and contact options.
10.5 Where there is a conflict between this Website EULA and the Privacy Policy concerning Personal Data, Health Data, cookies, tracking technologies, privacy rights, data retention, data sharing or data protection obligations, the Privacy Policy prevails for privacy and data protection matters.
10.6 Maralvion applies technical and organisational measures intended to protect Website related Personal Data, Account information, order information, payment related information and Website systems against unauthorised access, accidental loss, misuse, alteration, disclosure and other security risks.
10.7 No Website, online account environment, payment flow, email system, hosting environment or digital communication channel can be guaranteed to be completely secure. Maralvion does not guarantee absolute security, but will act in accordance with applicable legal obligations where a security incident affects Personal Data, Website security, Account security, order security or other protected interests.
10.8 Payment card details, bank details or payment authentication information may be processed directly by payment service providers. Maralvion may receive limited payment related information, such as payment status, payment method, transaction reference, chargeback status or fraud prevention information, where needed for order processing, accounting, customer support, fraud prevention or legal compliance.
10.9 Maralvion may use cookies and similar technologies on the Website for purposes such as Website operation, security, Account functionality, checkout functionality, preference management, analytics, performance measurement, marketing, advertising or other purposes described in the Privacy Policy or cookie information made available through the Website.
10.10 Cookies and similar technologies that are not strictly necessary will be used only where a valid legal basis exists, including consent where required by applicable law. You may manage cookie preferences through the cookie settings or other mechanisms made available by Maralvion, where applicable.
10.11 You are responsible for ensuring that information you submit through the Website is accurate, current and complete. Incorrect or incomplete information may affect Account access, order processing, delivery, customer support, returns, refunds, replacement requests, legal notices or product safety communication.
10.12 Privacy related questions, requests concerning Personal Data or the exercise of data protection rights should be submitted in accordance with the Privacy Policy or by contacting Maralvion at support@glucosensor.com.
ARTICLE 11. THIRD PARTY SERVICES, PAYMENT PROVIDERS AND LINKS
11.1 The Website may depend on or interact with third party services, including hosting providers, ecommerce platforms, authentication providers, payment service providers, fraud prevention tools, delivery partners, logistics providers, analytics providers, marketing tools, email providers, customer support tools, security providers, content delivery networks and other service providers.
11.2 Third party services may be subject to separate terms, privacy notices, technical requirements, security processes, authentication steps, availability limitations and policies issued by the relevant third party.
11.3 Maralvion may replace, add, remove or modify third party service providers where reasonably necessary for security, functionality, legal compliance, operational continuity, fraud prevention, payment processing, delivery, customer support, Website improvement or business operations, subject to the Privacy Policy and applicable law.
11.4 Maralvion is not responsible for third party services, third party terms, third party privacy practices, third party availability, payment provider outages, delivery partner delays, authentication provider failures, hosting provider outages, network failures, browser failures, device failures or other third party acts or omissions, except where Maralvion is legally responsible under mandatory applicable law.
11.5 Nothing in this Article 11 limits Maralvion’s own obligations as Website operator, online seller, contracting party, importer where applicable or data controller where such obligations apply to Maralvion under mandatory applicable law.
11.6 The Website may contain links to third party websites, platforms, resources, social media pages, payment environments, delivery tracking environments, app stores, manufacturer information, regulatory information or other external sources.
11.7 Links to third party websites or external sources are provided for convenience, information, payment processing, delivery tracking, customer support or other Website related purposes. Such links do not mean that Maralvion controls, endorses, guarantees or accepts responsibility for the content, accuracy, availability, security, privacy practices or terms of those external sources.
11.8 Your use of third party websites, platforms, payment environments, delivery tracking environments, social media pages, app stores or other external sources may be governed by the terms and privacy notices of those third parties.
11.9 The Website may display third party content, including reviews, embedded content, videos, social media content, product information, articles, advertisements, integrations or other materials. Maralvion may moderate or remove such content where reasonably necessary, but does not guarantee that all third party content is accurate, complete, lawful, current or suitable for your individual circumstances.
11.10 If a third party service is required for a Website function, suspension, restriction, change or discontinuation of that third party service may affect Website access, Account access, checkout, payment processing, delivery tracking, customer support, email communication or other Website features.
ARTICLE 12. INTELLECTUAL PROPERTY RIGHTS
12.1 The Website, webshop, Account environment, Website content, product pages, texts, images, videos, graphics, design elements, layout, user interface, databases, software, source code, object code, trade names, trademarks, logos, domain names, product names, documentation, translations and related materials are protected by intellectual property rights, database rights, contractual rights and other legal protections.
12.2 The GlucoSensor brand, domain names, platform elements, content, trademarks and related intellectual property rights are owned by Maralvion or licensed to Maralvion by the relevant rights holder.
12.3 Dreisam and its licensors retain all rights in the GlucoSensor™ Q System, Sensor technology, applicator technology, manufacturer controlled software components, firmware interfaces, technical documentation, measurement logic, glucose related functionality and other manufacturer controlled technology.
12.4 You receive only the limited right to access and use the Website as expressly described in this Website EULA. No ownership rights or other intellectual property rights are transferred to you.
12.5 You must not copy, reproduce, modify, translate, adapt, publish, distribute, sell, commercially exploit, frame, mirror, scrape, extract, reverse engineer or create derivative works based on the Website, Website content, product pages, product images, product descriptions, trade names, trademarks, design elements, databases, software or related materials without prior written consent from Maralvion or the relevant rights holder, except where mandatory applicable law allows otherwise.
12.6 You must not use the GlucoSensor name, GlucoSensor Q name, logos, trademarks, trade dress, product images, Website screenshots, product descriptions, Website content or related materials for commercial purposes without prior written consent from Maralvion or the relevant rights holder.
12.7 You must not remove, obscure, alter or misuse any copyright notice, trademark notice, medical device notice, ownership notice, safety notice, legal notice or other proprietary marking shown on or through the Website, Product pages, packaging images, documents or related materials.
12.8 If you submit feedback, suggestions, ideas, comments, reviews, images or other content through the Website or customer support channels, you must ensure that you have the right to submit such content and that it does not infringe the rights of another person, violate privacy, contain unlawful content or create misleading product, medical or commercial information.
12.9 Where you submit content intended for publication on the Website, including a review, rating, comment or testimonial, you grant Maralvion a non exclusive, worldwide, royalty free licence to use, reproduce, display, publish, adapt for technical formatting, translate, moderate and communicate that content for the purpose of operating the Website, displaying customer feedback, improving Products or services, handling customer support, complying with legal obligations and conducting lawful marketing activities related to GlucoSensor Q.
12.10 The licence in Article 12.9 continues for as long as reasonably necessary for the relevant purpose, unless mandatory applicable law, the Privacy Policy or an agreement with you requires a different result. Where legally required or appropriate, you may request removal of published user submitted content by contacting Maralvion at support@glucosensor.com.
12.11 Maralvion may remove, refuse, edit or disable user submitted content where reasonably necessary to protect intellectual property rights, privacy rights, Website integrity, Product safety, regulatory compliance, consumer protection, other Users or Maralvion’s legitimate interests.
12.12 If you believe that material displayed on or through the Website infringes your intellectual property rights, you may contact Maralvion at support@glucosensor.com with a clear description of the material, the right allegedly infringed and the information reasonably necessary to assess your request.
ARTICLE 13. WEBSITE AVAILABILITY, SECURITY AND TECHNICAL CHANGES
13.1 Maralvion makes reasonable efforts to keep the Website, webshop, Account environment, checkout flow, customer support flows and related Website services available, secure and functional.
13.2 Maralvion does not guarantee that the Website, webshop, Account environment, checkout flow, payment flow, delivery tracking, customer support tools, email communication or other Website related services will be uninterrupted, error free, continuously available, compatible with every device or browser, immune from all security risks or free from all defects.
13.3 Website availability may be affected by maintenance, updates, security measures, technical issues, hosting issues, ecommerce platform issues, payment provider issues, delivery partner systems, internet connectivity, browser settings, device settings, third party service failures, legal requirements, regulatory requirements, cyber incidents, force majeure events or other circumstances.
13.4 Maralvion may temporarily suspend, restrict or interrupt access to all or part of the Website where reasonably necessary for maintenance, updates, security, emergency repairs, legal compliance, fraud prevention, payment security, product safety, regulatory obligations, Website improvement or protection of Users.
13.5 Maralvion may modify, update, replace, remove or discontinue Website features, Account features, checkout features, support features, content, product pages, integrations, languages, payment methods, delivery options or technical components where reasonably necessary or appropriate for security, functionality, legal compliance, operational continuity, business operations, Website improvement or Product changes.
13.6 Where a Website change materially affects an accepted order, an active Subscription, a mandatory consumer right or a legal obligation owed to you, Maralvion will handle the matter in accordance with the General Delivery Terms, the applicable Subscription conditions, this Website EULA and mandatory applicable law.
13.7 You are responsible for using a secure device, secure browser, secure internet connection, up to date software and appropriate Account security settings when accessing the Website, placing orders, managing your Account or communicating with Maralvion.
13.8 You must not attempt to bypass, disable, overload, test without permission, interfere with or compromise Website security features, authentication measures, checkout safeguards, payment safeguards, access controls, fraud prevention systems or other technical protection measures.
13.9 Maralvion may monitor Website use and technical events where reasonably necessary for Website security, fraud prevention, troubleshooting, legal compliance, performance analysis, service improvement, customer support or protection of Maralvion, Users and service providers, subject to the Privacy Policy and applicable law.
13.10 Maralvion may restrict, suspend or terminate Website access, Account access, checkout access, Subscription management or other Website functionality in accordance with Articles 4.14, 5.12 and 5.13, where reasonably necessary and legally permitted.
13.11 Where reasonably possible and legally appropriate, Maralvion will make reasonable efforts to inform affected Users of material Website restrictions, security incidents, Account restrictions, order related issues or service interruptions that materially affect them, unless notification would be unlawful, unsafe, impractical, harmful to security, harmful to fraud prevention, harmful to an investigation or inconsistent with mandatory legal or regulatory obligations.
13.12 Nothing in this Article 13 limits Maralvion’s obligations concerning accepted orders, Subscriptions, refunds, statutory conformity, data protection, medical device safety, product safety, consumer rights or other mandatory obligations under applicable law.
ARTICLE 14. WARRANTIES, CONSUMER RIGHTS AND LIMITATION OF LIABILITY
14.1 Maralvion will provide the Website, webshop, Account environment, Website content and Website related services with reasonable care and skill, subject to this Website EULA, the applicable Legal Documents and mandatory applicable law.
14.2 Maralvion does not guarantee that the Website, webshop, Account environment, checkout flow, payment flow, customer support tools, delivery tracking, Website content or other Website related services will be uninterrupted, error free, continuously available, compatible with every device or browser, immune from all security risks or free from all defects.
14.3 Any statutory conformity rights, statutory warranty rights, commercial warranty rights, return rights, refund rights, replacement rights or remedies relating to Products purchased through the Website are governed by Article 8, the General Delivery Terms, the Returns and Refund Policy, the Sensor Replacement Policy and mandatory applicable law.
14.4 Nothing in this Website EULA excludes or limits liability, rights or remedies to the extent that such exclusion or limitation is not permitted under mandatory applicable law.
14.5 The limitations and exclusions in this Article 14 apply only to the extent permitted by mandatory applicable law and shall be interpreted so as not to limit any liability, rights or remedies that cannot lawfully be limited or excluded.
14.6 Maralvion remains responsible only for obligations and liabilities that mandatory applicable law imposes on Maralvion within its own role as Website operator, online seller, customer support contact, Account environment operator and, where applicable, EU importer. Nothing in this Article 14 extends Maralvion’s role beyond the roles expressly described in this Website EULA and the applicable Legal Documents.
14.7 Subject to Articles 14.4 to 14.6, Maralvion is not liable for damage to the extent caused by your use of the Website contrary to this Website EULA, the applicable Legal Documents, applicable law, Website instructions, checkout instructions, security instructions or reasonable instructions provided by Maralvion.
14.8 Subject to Articles 14.4 to 14.6, Maralvion is not liable for damage to the extent caused by inaccurate, incomplete or outdated information provided by you, including incorrect Account details, incorrect delivery details, incorrect billing details, incorrect payment information, incorrect support information, incorrect return information or incorrect replacement information.
14.9 Subject to Articles 14.4 to 14.6, Maralvion is not liable for damage caused by unauthorised access to your Account where such access results from your failure to protect your login details, email account, device, password, authentication method or other security settings.
14.10 Subject to Articles 14.4 to 14.6, Maralvion is not liable for damage to the extent caused by third party services, hosting providers, ecommerce platforms, authentication providers, payment service providers, delivery partners, logistics providers, email providers, analytics providers, marketing tools, customer support tools, security providers, browsers, devices, internet providers, network providers or other third party services outside Maralvion’s reasonable control.
14.11 Subject to Articles 14.4 to 14.6, Maralvion is not liable for damage to the extent caused by reliance on Website content as if it were personalised medical advice, diagnosis, treatment advice, emergency care, professional healthcare services, individual medical recommendations or a substitute for the Instructions for Use (IFU), product labelling, mandatory safety information or advice from a qualified healthcare professional where medical guidance is needed.
14.12 App related rights, obligations and liability are governed by the App EULA, the Legal Disclaimer for the GlucoSensor Q App, the Privacy Policy, the Instructions for Use (IFU), product labelling, applicable product information and mandatory applicable law, as allocated in Article 3.
14.13 Dreisam remains responsible, as legal Manufacturer, for the aspects of the GlucoSensor™ Q System that fall within the Manufacturer’s responsibility, including System design, Sensor technology, manufacturer controlled software components and manufacturer controlled functionality used to generate glucose related information. This does not extend Maralvion’s role beyond the roles expressly described in this Website EULA and does not limit any mandatory obligation imposed on Maralvion by applicable law.
14.14 Subject to Articles 14.4 to 14.6, Maralvion’s liability for indirect damage, consequential damage, loss of profit, loss of business, loss of revenue, loss of goodwill, loss of anticipated savings, business interruption or other commercial losses is excluded to the maximum extent permitted by applicable law. This exclusion does not apply to Consumers where and to the extent mandatory consumer law provides otherwise.
14.15 Where liability cannot be excluded but may be limited under applicable law, Maralvion’s liability is limited to the maximum extent permitted by mandatory applicable law.
14.16 Nothing in this Website EULA excludes or limits liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, statutory product liability, mandatory consumer remedies, mandatory medical device obligations, mandatory data protection obligations or any other liability that cannot lawfully be excluded or limited.
14.17 Any claim, complaint or remedy relating to an accepted order, Product delivery, statutory conformity, return, refund, Subscription, Sensor replacement, warranty assessment or Product related complaint must be handled under the Legal Document that governs that subject matter, as set out in Article 3.
ARTICLE 15. CHANGES TO THIS WEBSITE EULA
15.1 Maralvion may update this Website EULA where there is a valid reason to do so, including changes in the Website, webshop, Account environment, checkout flow, Website functionality, applicable law, consumer protection requirements, medical device requirements, data protection requirements, security requirements, service providers, payment methods, delivery options, company structure, support processes, business operations or the GlucoSensor Q product offering.
15.2 The version number and effective date at the beginning of this Website EULA indicate the applicable version.
15.3 Where changes are material, Maralvion will take reasonable steps to inform Users through the Website, Account environment, email, checkout flow or another appropriate communication channel before or when the updated Website EULA takes effect, depending on the nature and urgency of the change.
15.4 Where a material change negatively affects your access to or use of the Website, Account environment or Website related services in more than a minor way and mandatory applicable law requires specific notice or termination rights, Maralvion will provide information on the nature of the change, the effective date, the reason for the change and any statutory right that you may have.
15.5 Continued use of the Website after the effective date of an updated Website EULA constitutes acceptance of the updated Website EULA only where legally permitted. Where mandatory applicable law requires express acceptance, the updated Website EULA will apply after such acceptance or from another legally valid point in time.
15.6 If you do not agree to an updated Website EULA, you must stop using Website functionality for which acceptance of the updated Website EULA is required. Any mandatory rights that you may have in relation to accepted orders, Products, Subscriptions, returns, refunds, replacements, statutory conformity, consumer remedies, data protection or medical device matters remain unaffected.
15.7 Changes to this Website EULA do not automatically amend the App EULA, Privacy Policy, Website Legal Disclaimer, General Delivery Terms, Returns and Refund Policy, Sensor Replacement Policy, Instructions for Use (IFU), product labelling or mandatory product information. Those documents may be updated separately in accordance with their own terms and applicable law.
15.8 Changes to this Website EULA do not limit mandatory consumer rights, mandatory medical device rights, mandatory data protection rights, mandatory product liability rights or other mandatory rights that cannot be limited under applicable law.
ARTICLE 16. GOVERNING LAW, CONSUMER RIGHTS AND DISPUTES
16.1 This Website EULA is governed by the laws of Poland, without prejudice to any mandatory consumer protection rights that may apply under the laws of the country where you have your habitual residence.
16.2 If you are a Consumer residing in the European Union, you may benefit from mandatory consumer protection provisions of your country of residence where such provisions apply by law.
16.3 Maralvion aims to resolve questions, complaints and disputes through its official support channels before escalation.
16.4 You may contact Maralvion at support@glucosensor.com for questions or complaints concerning the Website, Account access, online ordering, Website content, this Website EULA, Website related customer support or other Website related matters.
16.5 Nothing in this Website EULA prevents you from exercising mandatory rights before a competent court, consumer authority, data protection authority, medical device authority, alternative dispute resolution body or other competent body where you have the right to do so under mandatory applicable law.
16.6 If you are a Consumer, the competent courts are determined by mandatory consumer jurisdiction rules. This Website EULA does not deprive you of the right to bring proceedings before a court where mandatory consumer law allows you to do so.
16.7 If you are not a Consumer, the competent courts of Poland have jurisdiction over disputes arising out of or relating to this Website EULA, unless mandatory applicable law requires another competent forum.
16.8 Maralvion is not required to participate in alternative dispute resolution proceedings unless mandatory applicable law requires participation or Maralvion expressly agrees to participate in a specific case.
16.9 If mandatory applicable law requires Maralvion to provide information about a competent alternative dispute resolution body, Maralvion will provide such information through the Website, the Legal Documents, direct communication or another appropriate communication channel.
ARTICLE 17. GENERAL PROVISIONS
17.1 If any provision of this Website EULA is found to be invalid, unlawful or unenforceable, the remaining provisions remain in full force and effect. The invalid, unlawful or unenforceable provision will be interpreted or replaced, to the extent permitted by law, by a valid provision that most closely reflects its purpose.
17.2 This Website EULA has been drafted in English. Maralvion may make translations or local-language versions of this Website EULA available through the Website, Website functionality, checkout flow, Account environment, customer support, translation functionality or other communication channels for user convenience, market access, online ordering, customer information or compliance support. To the extent permitted by mandatory applicable law, the English version is the leading and controlling version for interpretation where there is an ambiguity, discrepancy or inconsistency between the English version and any translated or local-language version of this Website EULA. Translated and local-language versions should be interpreted consistently with the English version as far as legally possible. If a translated or local-language version appears unclear, incomplete or inconsistent, Maralvion may correct, update or clarify that version. This Article does not exclude or reduce mandatory local consumer protection requirements, medical device language requirements, data protection transparency requirements or national rules governing the language in which contractual, consumer, privacy, product or safety information must be supplied, interpreted or made available. Where a linguistic discrepancy concerns safe or correct use, intended purpose, indications, contraindications, warnings, precautions, Product performance, Product labelling, the IFU, App warnings, mandatory regulatory information or safety notices, the applicable manufacturer-approved IFU, Product labelling, mandatory regulatory information and safety notices supplied in the language required by applicable law prevail for that specific matter.
17.3 No failure or delay by Maralvion in exercising a right or remedy under this Website EULA constitutes a waiver of that right or remedy. Any waiver must be clear, specific and made in writing to be effective.
17.4 You may not assign, transfer or delegate your rights or obligations under this Website EULA without Maralvion’s prior written consent, except where mandatory applicable law allows otherwise.
17.5 Maralvion may assign, transfer or delegate its rights and obligations under this Website EULA in connection with a merger, restructuring, transfer of business, transfer of assets, intra group restructuring, appointment of another GlucoSensor operator or other legitimate business change, provided that such assignment, transfer or delegation does not reduce mandatory rights that you have under applicable law.
17.6 Maralvion is not liable for delay, interruption or failure in Website performance, Website availability, Account availability, order processing, customer support, communication or related Website services to the extent caused by circumstances outside Maralvion’s reasonable control, including technical failures, cyber incidents, hosting failures, payment provider failures, delivery partner failures, supply chain disruptions, labour disputes, governmental measures, regulatory measures, natural disasters, epidemics, pandemics, war, civil unrest, transport disruption, energy disruption or other force majeure events. This does not limit any mandatory consumer remedies, delivery rights, refund rights, statutory conformity rights or other mandatory rights that may apply.
17.7 Maralvion will make reasonable efforts to reduce the impact of a force majeure event and resume affected Website services, order processing, communication or support processes as soon as reasonably possible under the circumstances.
17.8 Communications from Maralvion may be provided through the Website, Account environment, checkout flow, email, customer support channels, durable medium or another legally valid communication channel, depending on the nature of the communication and applicable law.
17.9 You are responsible for ensuring that Maralvion has a current and accurate email address and contact details for order confirmations, legal notices, support communication, safety communication, Subscription communication and other Website related communication.
17.10 Headings are included for readability only and do not affect the interpretation of this Website EULA.
17.11 Clauses that by their nature are intended to continue after termination or discontinuation of Website use remain in force, including clauses concerning user responsibilities, prohibited use, data protection, security, intellectual property rights, limitation of liability, governing law, dispute handling, statutory rights, product safety, regulatory cooperation and general provisions.
17.12 Discontinuation of Website use, closure of your Account or termination of Website access does not by itself cancel accepted orders, cancel Subscriptions, release you from payment obligations, end ongoing support cases, warranty assessments, replacement requests or refund requests, or affect any product safety, tax, accounting, medical device, consumer law, data protection or other legal obligations that apply independently of Website access.
ARTICLE 18. CONTACT INFORMATION
18.1 Questions regarding this Website EULA, the Website, Account access, online ordering, Website related customer support, Website content, Website availability, complaints or other Website related matters may be directed to:
Maralvion sp. z o.o.
Pl. Władysława Andersa 3
11th Floor
61-894 Poznań
Poland
KRS: 0001235440
Email: support@glucosensor.com
Website: www.glucosensor.com
18.2 Product support requests, order support requests, technical support requests, complaint submissions, warranty requests, replacement requests, return requests, refund requests and medical device related enquiries should be submitted through the official GlucoSensor support channels made available through the Website or App, or by contacting support@glucosensor.com.
18.3 Privacy related questions, requests concerning Personal Data or Health Data and the exercise of data protection rights should be submitted in accordance with the Privacy Policy or by contacting support@glucosensor.com.
18.4 Notices concerning intellectual property claims, legal claims, Website misuse, security concerns or other legal matters may be submitted to support@glucosensor.com with a clear description of the matter and sufficient information to assess the request.
18.5 Where required, Maralvion may handle or forward product related reports in accordance with applicable medical device obligations, including cooperation with Dreisam, the Authorised Representative, service providers, competent authorities or other relevant parties where necessary or appropriate under applicable law.