Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY VivaChek Polska Sp. z o.o. AND ITS AFFILIATES (“VCP”). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR EACH USER’S (AS DEFINED BELOW) USE OF THE SERVICES OFFERED BY VCP INCLUDING, THE MOBILE APPLICATION, ANY OTHER SOFTWARE, SERVICES, FEATURES, CONTENT, (COLLECTIVELY “SERVICE(S)”). THE SERVICES MAY BE MADE AVAILABLE IN CONNECTION WITH BLOOD GLUCOSE MONITORING PRODUCTS MARKETED UNDER THE KLINION BRAND. KLINION IS A TRADEMARK OWNED BY MEDIQ B.V. AND/OR ITS AFFILIATES ("MEDIQ"). REFERENCES TO KLINION RELATE SOLELY TO THE BRANDING OF THE PRODUCTS AND DO NOT MAKE MEDIQ OR ITS AFFILIATES THE PROVIDER OR OPERATOR OF THE SERVICES.

THE SERVICES ARE PROVIDED AND OPERATED BY VCP. MEDIQ AND ITS AFFILIATES ACT SOLELY AS DISTRIBUTOR AND/OR BRAND OWNER OF CERTAIN PRODUCTS CONNECTED TO THE SERVICES, UNLESS EXPLICITLY STATED OTHERWISE.

BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS OF USE DO NOT USE THE SERVICES.

Services

The Services are designed to assist You (“You,” the “User”) in managing Your diabetes. The Services are available only to individuals who are adults, or children whose use is supervised by a parent and/or legal guardian. The Services (including without limitation, any content) is provided to You for Your personal, non-commercial use. You will not use the Services in a manner inconsistent with (i) these Terms of Use, or (ii) any and all applicable laws and regulations.

Not Medical Advice or Healthcare Services

The Services are not intended to provide treatment decisions or to be used as a substitute for professional healthcare advice. Neither VCP, MEDIQ, nor their respective affiliates provide medical advice, diagnoses or healthcare services through the Services. The Services and content provided or accessed through the Services are for informational purposes only. You understand that neither VCP, MEDIQ, nor their respective affiliates are healthcare professionals and that neither VCP, MEDIQ, nor their respective affiliates offer medical advice, diagnoses or healthcare services, nor engage in the practice of medicine or provision of healthcare services of any kind. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and is offered for informational purposes only. The User is solely responsible for obtaining proper treatment for his or her conditions. Always seek the advice of Your physician or other qualified health provider with any questions regarding Your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something You have read in connection with the Services.

You are solely responsible for any decisions or actions You take based on the information and materials available through the Services. Reliance on any information provided by VCP, MEDIQ, or its affiliates or in connection with the Services is solely at Your own risk.

Please consult Your doctor or other qualified health care provider if You have any questions about a medical condition, or before taking any drug, changing Your diet or commencing or discontinuing any course of treatment.

Neither VCP, MEDIQ nor their respective affiliates shall be responsible or liable for any medical advice, course of treatment, diagnosis or other healthcare-related information obtained through the Services. The Services are designed to assist you in managing diabetes and providing informational health insights. The Services are not intended for continuous monitoring, automated diagnostic decision-making or real-time emergency response. Always consult a qualified medical professional for health advice, diagnoses, or treatment decisions. If you experience a medical emergency, call emergency services immediately (e.g., 112 in the EU or local equivalent).

Account Registration

As part of the registration process You will need to create an account with a username and password. It is Your responsibility to ensure that the information You provide is true, accurate, not misleading and secure. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. VCP reserves the right with or without notice to suspend or terminate any account in breach.

You shall ensure that any information provided through the Services is accurate, complete and kept up to date. You are solely responsible for all activity that occurs on Your account, for maintaining the confidentiality of Your username and password, and for any information You input to the Services. You shall not use or access another user’s account without such other user’s express permission. You will immediately notify VCP in writing of any unauthorized use of Your account, or any other account-related security breach of which You are aware.

If You have forgotten Your username or password, VCP may use the email address provided by You to assist with account recovery or password reset procedures. If for any reason You suspect that Your username and password have been disclosed to or obtained by another party You should contact us immediately. Please note that VCP will never contact users requesting them to confirm their username and password or other details.

If You use mobile services to enter and maintain Your personal information, You understand that You are responsible for safeguarding and securing Your mobile device and the associated credentials (such as user identifiers and passwords). If You leave Your mobile device unattended, or if it is lost or stolen, You understand that Your personal information may be accessible to others.

Mobile Device; Browser Access and Internet Services

With the exception of the Services, You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems“) necessary for You to access and use the Services. This responsibility includes, without limitation, You utilizing up to date mobile application and appropriate and up-to-date encryption, antivirus, anti-spyware and internet security software. You are additionally responsible for obtaining internet services via the internet services provider of Your choice, for any and all fees imposed by such internet services provider and any associated communications Services provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and You hereby expressly assume such risks. You acknowledge that You are responsible for the data security of the Systems used to access the Services, and for the transmission and receipt of information using such Systems. You acknowledge that access to the Services depends on internet connectivity and compatible devices. VCP is not responsible for any errors or problems that arise from the malfunction or failure of the internet or Your Systems.

Acceptable Use

As a condition of use, You promise not to use the Services for any purpose that is prohibited by the Terms of Use or other rules or policies made available to You by VCP from time to time. The Services (including, without limitation, any Content) is provided only for Your own personal, non-commercial use.

For purposes of these Terms of Use, the term “Content” includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by VCP or its partners or through the Services. By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or (iv) impersonates any person or entity. VCP reserves the right to remove any Content that violates these Terms of Use, applicable law, or the rights of third parties .

Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on VCP’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures VCP may use to prevent or restrict access to the Services (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Services; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.

Support

VCP offers email-based and online support resources relating to the Services. You may access support resources by email klinion@vivachek.com. In some countries, regions or in connection with certain partners or products, users may also be directed to local distributors or service providers for product-related support.

VCP does not make any promises regarding how quickly it will respond to requests for support or that it will be able to resolve all issues relating to the Services. Any suggestions or information provided by VCP regarding use of the Services shall not be construed as a warranty.

Support relating to Klinion-branded products may be provided separately by MEDIQ or its affiliates. Such support does not make MEDIQ or its affiliates the provider or operator of the Service

Termination and Account Suspension

You may terminate your account at any time by deleting your account within the application or by contacting support. VCP reserves the right to suspend or terminate your account or access to the Services upon thirty (30) days' prior written notice if you materially breach these Terms. VCP may suspend or terminate your access immediately without prior notice only in cases of: (a) severe or repeated violations of these Terms; (b) compliance with a legal obligation or court order; or (c) reasonable suspicion of fraudulent or unauthorized activity threatening system security.

Use of Your Information

If You create, transmit, submit, display or otherwise make available information (including, without limitation, information You have made available automatically through connection of any hardware to Services) while using the Services, You may provide only information that You own or have the right to use. When You provide access to any such information through the Services, You give VCP a license to fully use that information in connection with providing You the Services. However, VCP may only use the information You provide as permitted by the VCP Privacy Notice, and applicable law. If You use the Services together with Your healthcare provider, Your healthcare provider may be able to review and access Your data, and to transfer that data to Your file on their Electronic Health Record (“EHR”). VCP, nor MEDIQ or any of its affiliates is in anyway responsible for any processing of Your data conducted by healthcare providers. Please closely review our Privacy Policy for more information regarding how VCP uses and discloses Your personal information. VCP’s Privacy Notice is hereby incorporated into these Terms of Use by this reference.

VCP may also enter into business arrangements with third-parties which will allow You to share Your personal data with them. Whether to share Your personal data with these third-parties will be up to You. By properly following instructions provided to You by VCP and these third-parties, You will be able to decide whether You want to share any personal data with these third-parties.

Right of Withdrawal

If you are a consumer residing in the European Union, you have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period expires 14 days from the day of contract conclusion. To exercise this right, you must inform us of your decision by an unequivocal statement (e.g., email or letter). If you request the supply of digital services to begin during the withdrawal period, you acknowledge that you express your prior explicit consent and loss of the right of withdrawal once the performance has fully commenced.

Intellectual Property

The Services are owned by VCP except for any trademarks, logos, brand names or other intellectual property owned by MEDIQ, its affiliates or other third parties and made available through the Services. VCP grants to You, for Your personal purposes only, a nonexclusive, limited and revocable right to access and use the Services, so long as You comply with the terms of this Terms of Use. You agree not to use the Services for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Services without VCP’s prior written consent. All materials available through the Services may be accessed, downloaded or printed for the non-commercial purpose and solely within the scope allowable by this Terms of Use. No other use of these materials may be made without express written permission of VCP. Any unauthorized use of the words or images from the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The Services include materials that are derived in whole or in part from materials that are copyrighted, including the format and layout of the Services. The copyrights are owned by VCP, or for licensed content, the content providers. None of the names, trademarks, service marks and logos of VCP, MEDIQ, their respective affiliates or any third parties appearing on the Services may be used in any advertising or publicity, or otherwise to indicate VCP’s or such third party’s sponsorship of or affiliation with any product or service without express written permission of the owner of such intellectual property. Nothing contained within the Services should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on or through the Services without the written permission of VCP or the third party owner of the trademark, if any. The Services may contain other proprietary notices and copyright information, the terms of which must be observed and followed by You.

Use of Third Party Hardware and Software with the Services

As You are accessing the Service via mobile application, you will only use Apple or Android compatible device(s) that You own or control. In order to use the Services, you must download the mobile application directly from App Store or Google Play.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VCP, MEDIQ, NOR THEIR RESPECTIVE AFFILIATES GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES, NOR THAT THE RESULTS OBTAINED THROUGH THE SERVICES WILL MEET EVERY INDIVIDUAL USER'S REQUIREMENTS. NOTHING IN THESE TERMS OF USE EXCLUDES, RESTRICTS OR LIMITS ANY STATUTORY RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. NEITHER VCP, MEDIQ, NOR THEIR RESPECTIVE AFFILIATES AND ITS DIRECTORS, EMPLOYEES, GENTS, SUPPLIERS, SPONSORS AND PARTNERS PROVIDE ANY WARRANTY THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) WILL MEET YOUR REQUIREMENTS, BE RETRIEVABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

VCP DOES NOT WARRANT ANY THIRD-PARTY DEVICE, SMART DEVICE, SOFTWARE, SERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH ANY SERVICES, WHETHER OR NOT SUCH THIRD PARTY ITEM IS DESCRIBED IN, OR AVAILABLE OR CAN BE CONNECTED TO THROUGH, ANY VCP PRODUCT, SOFTWARE APP OR VCP SERVICE.

NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH VCP OR THE SERVICES WILL CREATE ANY WARRANTY, EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THE APPLICABLE VCP PRODUCT’S LABELING.

VCP DOES NOT WARRANT THE ACCURACY OF ANY USER DEVICE, AND THE USER DATA UPLOADED FROM ANY USER DEVICE AND RECEIVED BY VCP IS PROVIDED TO THE USER “AS-IS.” VCP DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR THE SERVICES.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless VCP, MEDIQ, their respective affiliates, and their respective employees, contractors, directors, suppliers and representatives from third-party claims arising directly from (i) your unlawful use of the Services, (ii) your violation of these Terms of Use, or (iii) your infringement of any third-party rights. VCP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with VCP in connection therewith.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VCP, MEDIQ NOR THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

VCP SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE RESULTING FROM CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER RIGHTS.

NOTHING IN THESE TERMS OF USE AFFECTS ANY RIGHTS OR REMEDIES AVAILABLE TO YOU UNDER APPLICABLE LAW.

Consumer Protection

VCP acknowledges that certain jurisdictions provide mandatory legal rights to consumers that cannot be excluded, limited, overridden by contracts or waived by consumers. If any such laws apply to You, nothing in these Terms of Use shall limit or exclude such rights.

Modification

We reserve the right to modify these Terms of Use for valid reasons (e.g., updates to functionality, changes in law, or security requirements). We will notify you of any material changes via email or in-app notification at least thirty (30) days prior to the changes taking effect. If you do not agree to the modified Terms, you may terminate your account and cease using the Services prior to the effective date without penalty. Your continued use of the Services after the effective date of the modified Terms constitutes acceptance of the modified Terms.

Miscellaneous

The Terms of Use are the entire agreement between You and VCP with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and VCP with respect to the Services. In addition to these Terms of Use, any terms applicable to hardware used in connection with the Services shall govern the use of such hardware. In the event of any conflict between these Terms of Use and any terms of sale, the applicable terms of sale shall control with respect to such hardware. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms of Use are personal to You, and are not assignable or transferable by You except with VCP’s prior written consent. VCP may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery Services.

Apple-Specific Terms

Your use of the Apple App Store owned and operated by Apple, Inc. is governed by the applicable legal agreements between You and Apple, Inc. (found at: https://www.apple.com/legal/).

Google-Specific Terms

Your use of the Google Play marketplace owned and operated by Google Inc. is governed by the legal agreement between You and Google, Inc. consisting of the Google Terms of Service (found a​t http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html).

Contact

If You have any questions regarding the Services, please contact VCP via: Klinion@vivachek.com.

VCP specific terms

Any dispute, controversy or claim arising out of, or in connection with, these Terms of Use, or the breach, termination or invalidity thereof, shall be exclusively settled by the courts in Poland.
These Terms of Use shall be governed by and construed in accordance with the laws of Poland, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction.
Notwithstanding the above, if You are a consumer based in the European Union, Switzerland, Norway or Iceland, the governing law and forum for disputes shall be the laws and courts of the country where You reside.

Language(s) of these Terms of Use

These Terms of Use are originally written in English. In case of any discrepancy or dispute between the English version and another language, the English version governs and takes precedence, unless prohibited by law applicable to You.

Effective: 24 August 2026