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).
DEFINITIONS
The following definitions apply throughout this End-User License Agreement and Terms of Use (“Agreement”):
- DiaX Medical: DiaX Medical B.V., the operator of the GlucoSensor.com website and distributor responsible for product sales, distribution logistics, customer support, website and App infrastructure management, and regulatory and data protection compliance within the European Union. DiaX Medical is also responsible for the design, development, and user experience of the GlucoSensor™ App, while explicitly disclaiming any responsibility for the accuracy of medical algorithms or data generated by the CGM System’s Software Development Kit (SDK), which remain under the responsibility of MicroTech Medical.
- MicroTech Medical: MicroTech Medical (Hangzhou) Co., Ltd., the manufacturer responsible for the GlucoSensor Continuous Glucose Monitoring (CGM) hardware components, including sensors and transmitters, and for ensuring device accuracy, reliability, and compliance with medical device regulations.
- Authorized Representative (AR): Lotus NL B.V., acting as the official representative in the European Union for MicroTech Medical, responsible for ensuring the CGM system meets all EU regulatory requirements.
- GlucoSensor.com or Website: The online platform operated by DiaX Medical, providing information about GlucoSensor products, facilitating user account services, and enabling online ordering of products.
- GlucoSensor CGM System: The medical device comprising sensors and transmitters manufactured by MicroTech Medical, designed to provide continuous glucose monitoring. The related software components, including the mobile app and Software Development Kit (SDK), are governed separately by the App EULA.
- User (You/Your): Any person accessing or utilizing the GlucoSensor.com website, creating a user account, or purchasing products from the website.
- Consumer: A User who purchases products through GlucoSensor.com for personal use, subject to specific consumer rights and obligations as detailed in the General Delivery Terms.
- Services: All website-related functionalities provided by GlucoSensor.com, explicitly excluding all medical functionalities, glucose data processing, and medical-device-related software services governed by the separate App EULA. Services include product information, user account management, order processing and fulfilment, website content, blogs, tutorials, FAQs, and customer support related solely to the website and ordering activities.
- Third Party: Independent service providers engaged by DiaX Medical to support website operations, including payment processing, logistics, customer relationship management (CRM), and other essential operational services.
- Written Communication: Any official communication delivered through electronic mail, physical mail, or messaging functionalities provided by the Website.
- Warranties: Legally binding assurances provided regarding the condition, quality, or performance of products and services available on GlucoSensor.com.
- Liability: Legal accountability arising from damages or losses due to breach of obligations or other actionable conduct under this Agreement.
ARTICLE 1: INTRODUCTION AND ACCEPTANCE OF TERMS
1.1 OVERVIEW
This Agreement establishes the terms and conditions for accessing and using the GlucoSensor.com website. It specifically governs your interactions with the website, including user account creation, product ordering, access to product-related information, and website-related services. It explicitly excludes all activities related to the collection, processing, or storage of glucose readings or other personal medical data, which are separately governed by the App EULA.
1.2 SCOPE AND APP EULA CROSS-REFERENCE
This Agreement strictly governs your interactions with the GlucoSensor.com website, explicitly excluding all activities related to the medical CGM device, glucose data collection, medical software components, and data processing functionalities, which are exclusively governed by the separate App End-User License Agreement (App EULA). Acceptance of this Website Agreement does not constitute acceptance of the App EULA; the App EULA must be separately reviewed and explicitly accepted prior to using the GlucoSensor™ App or related medical functionalities. In the event of a conflict between this Website Agreement and the App EULA regarding medical functionalities, glucose data, or device usage, the App EULA shall prevail.
1.3 ROLES AND RESPONSIBILITIES
- DiaX Medical: Responsible solely for managing the GlucoSensor.com website, including user experience, website content, server infrastructure, customer account services, sales and distribution logistics, and compliance with data protection regulations within the EU. DiaX Medical explicitly disclaims responsibility for any glucose data accuracy or reliability, as this falls within the manufacturer’s domain.
- MicroTech Medical: Solely responsible for the manufacturing, accuracy, performance, and regulatory compliance (including CE marking and EU medical device regulations) of the GlucoSensor CGM system. MicroTech Medical manages all technical and medical aspects of the CGM hardware and software functionalities.
- Authorized Representative (AR): Lotus NL B.V. acts as the designated EU Authorized Representative for MicroTech Medical, managing all regulatory communication and compliance requirements with EU authorities.
1.4 ACCEPTANCE OF TERMS
By accessing, using, or registering an account on the GlucoSensor.com website, you expressly acknowledge that you have read, understood, and accept the terms and conditions detailed in this Agreement, as well as other applicable documents, including the Privacy Policy and Returns Policy. If you do not agree to these terms, you must immediately cease accessing and using the Website.
1.5 LEGAL FRAMEWORK
This Agreement operates within a broader legal framework supplemented by the following integral documents, each incorporated herein by reference:
- Privacy Policy: Details how DiaX Medical collects, processes, stores, and safeguards your personal data, including your rights under the GDPR and other applicable data protection laws.
- General Delivery Terms: Governs all conditions relating to ordering, payment, delivery, and handling of products purchased through the website.
- Returns and Refund Policy: Outlines conditions under which products purchased may be returned or refunded.
- Sensor Replacement Policy: Specifies conditions for replacement of sensors under warranty, including exclusions.
- Legal Disclaimer for the Website: Provides specific limitations of liability, product usage disclaimers, and terms of informational content access related to GlucoSensor.com.
- Legal Disclaimer for the App: Contains detailed limitations of liability, intended use guidance, and medical safety warnings related to the GlucoSensor™ App and CGM System.
- App End-User License Agreement (App EULA): Governs all terms related to the usage of the GlucoSensor mobile application, software components, data handling, and software updates.
In case of any inconsistency between this Agreement and these documents, the specific document addressing the issue will take precedence.
1.6 CHANGES TO THE AGREEMENT
DiaX Medical reserves the right, at its sole discretion, to modify, amend, or update this Agreement, either wholly or partially, at any time. Such modifications become effective immediately upon publication on the Website or upon notification to you by email. DiaX Medical will make reasonable efforts to inform you of significant changes through clear notifications posted prominently on the Website or via direct email communication.
You acknowledge and agree that it is your responsibility to regularly review this Agreement to remain informed of any updates or modifications. Your continued use of the Website or Services following any changes constitutes your explicit acceptance of and agreement to be legally bound by the modified terms. If you do not agree with any modifications or updates, you must immediately cease using the Website and associated Services and deactivate your account.
1.7 GEOGRAPHIC SCOPE
The Website and related services are designed to comply with European Union laws and regulations but remain accessible globally. Users accessing the Website from outside the European Union, including the United States, acknowledge that the Website is not directed at them and that DiaX Medical makes no representation that its content or services are appropriate, lawful, or available in their jurisdiction. Such Users do so at their own risk and are solely responsible for compliance with any applicable local laws.
ARTICLE 2: TERMS OF USE
2.1 LICENSE TO USE THE WEBSITE
DiaX Medical grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Services exclusively for personal, non-commercial purposes as detailed within this Agreement. This license is subject to your strict compliance with the terms set forth herein and does not permit commercial exploitation, modification, reproduction, or distribution of any Website content without express written authorization from DiaX Medical.
2.2 RESTRICTIONS ON USE
You agree not to use the Website or any of its Services for any purpose that is unlawful, fraudulent, or otherwise prohibited by this Agreement. Specifically, you agree not to:
- Attempt unauthorized access to restricted areas of the Website, its servers, or associated databases.
- Engage in any activity that disrupts or interferes with the proper operation or security of the Website.
- Transmit any malicious software or harmful code intended to damage or compromise the Website or its users.
- Collect or harvest personally identifiable information of other users without explicit consent.
- Use automated methods such as bots, spiders, or scrapers to access or interact with the Website, except as expressly permitted by DiaX Medical.
- Engage in any conduct that is abusive, defamatory, threatening, offensive, disruptive, harmful, or inappropriate toward DiaX Medical or other users.
- Reverse engineer, decompile, or attempt to extract source code or architecture from any part of the Website or its back-end systems, except as permitted by applicable law.
2.3 SERVICE AVAILABILITY
DiaX Medical does not guarantee continuous, uninterrupted, or error-free availability of the Website or its Services. Maintenance, updates, or technical issues may occasionally interrupt access. DiaX Medical will endeavour to minimize disruptions but disclaims any liability arising from temporary service interruptions or performance issues beyond its reasonable control. DiaX Medical reserves the right to modify, suspend, or discontinue any part of the Website or Services at any time without prior notice and without liability.
2.4 USER ACCOUNT OBLIGATIONS
When creating an account, you agree to provide accurate, complete, and current information. You must maintain the confidentiality of your account credentials and are fully responsible for all activities under your account. You agree to notify DiaX Medical immediately if you suspect unauthorized access or any security breach related to your account. DiaX Medical explicitly disclaims liability for losses or damage resulting from your failure to comply with these obligations, and reserves the right to suspend or terminate accounts without prior notice in cases of unauthorized access, security breaches, or failure to comply with these account security obligations.
Use of Third-party Authentication Providers
To ensure secure account registration, login, and Multi-Factor Authentication (MFA) functionalities, DiaX Medical utilizes MiniOrange as a third-party authentication service. By creating an account or logging in via the GlucoSensor.com website, you explicitly acknowledge and consent to your login credentials being securely processed and managed by MiniOrange. You are solely responsible for maintaining the confidentiality of your authentication credentials, including any MFA tokens generated by MiniOrange. DiaX Medical explicitly disclaims any liability arising from unauthorized access due to compromised login credentials or failures in maintaining adequate security measures.
2.5 SALES AND ORDERING
All purchases of products through GlucoSensor.com are governed by DiaX Medical’s General Delivery Terms, which detail ordering processes, payment conditions, delivery schedules, shipping terms, and associated rights and obligations. By placing an order, you explicitly agree to these General Delivery Terms.
2.6 THIRD-PARTY PLATFORM TERMS
DiaX Medical may utilize third-party e-commerce platforms or hosting providers (collectively, “Platform Providers”) to facilitate certain functionalities of the Website, such as ordering and payment processing. You acknowledge and agree that these Platform Providers are independent from DiaX Medical and are not parties to this Agreement. DiaX Medical expressly disclaims responsibility for the content, operations, and compliance obligations of these third-party platforms. Your interactions with such platforms may be subject to additional terms of use provided by those platforms, and it is your responsibility to familiarize yourself with and adhere to such additional terms where applicable.
2.7 USER RESPONSIBILITIES
You are responsible for ensuring your compliance with all applicable laws and regulations regarding your use of the Website. This includes compliance with local laws and regulations governing product purchasing, data protection, electronic communications, and intellectual property rights.
2.8 RIGHT OF WITHDRAWAL
Consumers within the European Union have the statutory right to withdraw from online purchases within fourteen (14) calendar days following delivery, without providing a reason. Please refer to our Returns and Refund Policy for conditions, exceptions, and instructions.
2.9 PAYMENT SECURITY
All payments processed through GlucoSensor.com adhere to strict industry-standard security protocols. Please review our General Delivery Terms for detailed information regarding payment methods, pricing, contract formation, delivery, and order management.
By using GlucoSensor.com, you explicitly acknowledge your acceptance and understanding of these Terms of Use and agree to adhere strictly to them. Failure to comply may result in termination of your access, legal action, or other remedies as permitted by applicable law.
ARTICLE 3: PRIVACY AND DATA PROTECTION
3.1 PERSONAL DATA PROCESSING
DiaX Medical respects your privacy and is committed to protecting your personal data. When using the Website, creating an account, or placing orders, certain personal data (such as your name, contact details, billing and shipping address, and payment information) is collected and processed. Such processing of personal data occurs strictly in accordance with DiaX Medical’s Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR).
By using the Website and its Services, you explicitly consent to the collection, processing, and use of your personal data as described in the Privacy Policy. DiaX Medical processes your personal data only for the purposes of providing Website services, fulfilling product orders, managing user accounts, facilitating communications, complying with legal obligations, and other legitimate interests as detailed within the Privacy Policy.
3.2 DATA SECURITY AND SAFEGUARDS
DiaX Medical implements robust security measures and best practices to protect your personal data against unauthorized access, alteration, disclosure, or destruction. Such measures include encryption protocols, secure server hosting, regular monitoring for vulnerabilities, and limiting data access to authorized personnel only. While DiaX Medical endeavours to maintain the highest standards of data protection, no transmission over the internet or electronic storage system is entirely secure. Therefore, DiaX Medical cannot guarantee absolute security, but commits to continuously reviewing and enhancing its security protocols to minimize potential risks.
3.3 THIRD-PARTY DATA SHARING
To provide certain Website functionalities, such as payment processing, order fulfilment, customer relationship management, and technical support, DiaX Medical engages trusted third-party service providers. These providers have access to your personal data only to the extent necessary to perform their designated functions and are contractually obligated to maintain strict confidentiality, comply with applicable data protection laws, and use your personal data exclusively for the purposes authorized by DiaX Medical.
DiaX Medical does not sell, rent, or otherwise commercially exploit your personal data to third parties for marketing or promotional purposes without your explicit consent.
3.4 USER RIGHTS AND DATA SUBJECT REQUESTS
Under GDPR and applicable data protection legislation, you retain certain rights concerning your personal data, including the right to access, rectify, erase, restrict processing, request portability, and object to specific data processing activities. You may exercise these rights by submitting a written request via email to info@diaxmedical.com. DiaX Medical will respond to your request promptly, generally within one month, as required by applicable law.
Please note that exercising certain data subject rights, such as requesting erasure or restricting processing, may limit DiaX Medical’s ability to provide specific Website functionalities, maintain your account, or fulfil product orders. DiaX Medical will notify you in advance if fulfilling a data subject request is likely to impact the provision of Website services.
3.5 DATA BREACH NOTIFICATION
In the unlikely event of a personal data breach affecting the security or confidentiality of your personal data, DiaX Medical will promptly notify affected individuals and relevant supervisory authorities in accordance with applicable law, including GDPR requirements. Notification will occur without undue delay, generally within 72 hours of becoming aware of the breach, unless the breach is unlikely to result in a risk to individuals’ rights and freedoms.
3.6 RETENTION OF PERSONAL DATA
DiaX Medical retains personal data only for as long as necessary to fulfill the purposes outlined in its Privacy Policy, comply with legal obligations (such as tax or accounting requirements), or resolve disputes. After this period, your personal data will be securely deleted or anonymized in a manner preventing re-identification, unless otherwise required or permitted by applicable law.
3.7 COOKIES AND TRACKING TECHNOLOGIES
DiaX Medical uses cookies and similar tracking technologies to optimize user experience, analyze website traffic, improve functionality, and support targeted marketing initiatives. By using the Website, you consent to the use of these cookies and tracking technologies unless you explicitly adjust your browser settings to reject them. For comprehensive details regarding our use of cookies, the types of cookies used, their purpose, and how to manage your preferences, please refer to our Privacy Policy.
3.8 INTERNATIONAL DATA TRANSFERS
Due to the global nature of online services, DiaX Medical may occasionally transfer personal data to third-party service providers located outside the European Economic Area (EEA). In such cases, DiaX Medical ensures appropriate safeguards are implemented, including the use of standard contractual clauses approved by the European Commission, binding corporate rules, or ensuring the receiving party’s adherence to recognized data protection frameworks that provide equivalent protection standards.
ARTICLE 4: THIRD-PARTY CONTENT AND LINKS
4.1 LINKS TO THIRD-PARTY WEBSITES
The Website may contain links to external websites operated by third parties. These external links are provided solely for your convenience and informational purposes. DiaX Medical has no control over, nor does it endorse or assume responsibility for, the content, practices, policies, or availability of any third-party websites. You acknowledge that your interactions with third-party websites are subject to their respective terms and conditions and privacy policies, and that you access these external sites at your own risk.
DiaX Medical expressly disclaims liability for any loss, damage, or harm arising from your use of third-party websites or reliance on any information contained therein.
4.2 THIRD-PARTY CONTENT DISCLAIMER
The Website may occasionally include content provided by third parties, such as product reviews, articles, or advertisements. DiaX Medical does not endorse or guarantee the accuracy, reliability, completeness, or legality of any third-party content featured on the Website. Any views or opinions expressed in third-party content belong solely to the respective third-party author or provider and do not necessarily reflect the views or opinions of DiaX Medical.
DiaX Medical assumes no responsibility or liability for any third-party content, including any errors, omissions, defamatory statements, or intellectual property infringements that may arise from or relate to such content.
ARTICLE 5: INTELLECTUAL PROPERTY RIGHTS
5.1 OWNERSHIP OF INTELLECTUAL PROPERTY
All intellectual property rights related to the Website and its content—including, but not limited to, text, graphics, images, logos, product descriptions, audio clips, video content, software, and design elements—are exclusively owned by DiaX Medical or its licensors and protected under applicable international intellectual property laws. Nothing contained herein grants any license or right, whether explicitly or implicitly, beyond the limited use explicitly provided in Article 2.1.
The GlucoSensor™ trademarks, trade names, logos, and brand identifiers displayed on the Website constitute registered and/or unregistered trademarks and are exclusively owned by DiaX Medical, MicroTech Medical, or their licensors. Use of such trademarks without prior express written consent from the respective rights holder is strictly prohibited.
5.2 LICENSE FOR USER-GENERATED CONTENT
If you submit or upload content to the Website (such as reviews, comments, feedback, or other User-Generated Content), you grant DiaX Medical a worldwide, perpetual, irrevocable, royalty-free, transferable, non-exclusive license to use, reproduce, adapt, distribute, publish, display, modify, and otherwise exploit this content in any manner relating to DiaX Medical’s operations, products, marketing, or promotional activities.
You warrant that you own or have all necessary rights in such content, that it does not violate third-party intellectual property or privacy rights, and that it is not defamatory, obscene, offensive, unlawful, or otherwise inappropriate. DiaX Medical reserves the right (but not the obligation) to monitor, edit, or remove User-Generated Content at its discretion and without prior notice.
5.3 INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
If you believe that your intellectual property rights have been infringed by any material displayed or accessible through the Website, please promptly notify DiaX Medical at info@diaxmedical.com. Your notification should clearly identify the content you claim to be infringing and provide sufficient detail and evidence supporting your claim. DiaX Medical commits to addressing legitimate infringement claims promptly in accordance with applicable law.
ARTICLE 6: WARRANTIES AND LIABILITY
6.1 WEBSITE PROVIDED “AS IS”
The Website, its content, services, features, and related information are provided by DiaX Medical ‘as is’ and ‘as available,’ without warranties or representations of any kind, whether express, implied, statutory, or otherwise.
DiaX Medical explicitly disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, uninterrupted service, or security. Although DiaX Medical endeavours to ensure accuracy and timeliness of Website content, it explicitly disclaims guarantees regarding completeness, accuracy, or up-to-date nature of the content provided. Users rely on Website content entirely at their own risk. For clarity, DiaX Medical makes no representations regarding the clinical accuracy, safety, or reliability of any CGM-related data or recommendations. All such matters are governed exclusively by the App EULA and the Legal Disclaimer for the App. The Website does not collect or process glucose readings and should not be used for any medical decision-making.
6.2 LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, DiaX Medical explicitly disclaims any liability related to medical-device accuracy, glucose measurements, clinical outcomes, software functionalities, or medical-data management. All such matters are governed exclusively by the separate App EULA and remain the sole responsibility of MicroTech Medical (Hangzhou) Co., Ltd.
DiaX Medical and its affiliates, directors, employees, licensors, and agents shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of revenue, profits, business opportunities, goodwill, or data, arising from or connected to your use or inability to use the Website, its services, or content, regardless of whether DiaX Medical has been advised of the possibility of such damages.
DiaX Medical’s total aggregate liability for all direct claims arising from your use of the Website or Services shall not exceed the total amount you paid to DiaX Medical for Website services or products within the six (6) months immediately preceding the claim.
Nothing in this limitation shall exclude or restrict DiaX Medical’s liability for gross negligence, fraud, death or personal injury caused by negligence, or any other liability that cannot be legally excluded under applicable law.
6.3 APPLICATION OF LIABILITY LIMITATIONS
The limitations of liability detailed herein apply regardless of the legal theory or basis of the claim, whether in contract, tort (including negligence), statutory duty, or otherwise. You explicitly acknowledge that DiaX Medical is not liable for any harm, loss, or damage resulting from your reliance on information available through the Website without appropriate professional verification.
Some jurisdictions may prohibit certain liability limitations, in which case the above exclusions and limitations will be applied to the maximum extent permissible under applicable law without affecting the enforceability of the remaining provisions of this Agreement.
6.4 STATUTORY WARRANTIES (EU CONSUMERS)
DiaX Medical complies fully with statutory warranty obligations under EU law. Consumers benefit from a two-year statutory guarantee ensuring products conform to stated specifications and are free from defects at delivery. See the Sensor Replacement Policy for details on making warranty claims.
6.5 Third-Party Beneficiaries
MicroTech Medical and its Authorized Representative (Lotus NL B.V.) are recognized third-party beneficiaries of specific provisions in this Agreement that relate to product liability disclaimers and medical device responsibilities. These parties may enforce such disclaimers and limitations directly against Users to the extent necessary to protect their legal and regulatory interests. This recognition is limited to the enforcement of relevant disclaimers and limitations for the purpose of legal or regulatory protection. It does not create or imply any broader rights, obligations, or liabilities for MicroTech Medical or Lotus NL B.V. under this Agreement beyond those imposed by applicable law.
ARTICLE 7: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DiaX Medical, its affiliates, licensors, directors, officers, employees, service providers, agents, and representatives from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising from or related to:
- Your use or misuse of the Website or Services.
- Your violation of this Agreement or applicable laws and regulations.
- Your violation of third-party rights, including intellectual property, privacy, or contractual rights.
- Any content submitted by you that breaches applicable laws or regulations.
DiaX Medical will provide prompt notice regarding any indemnification claims and reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification. You agree to cooperate fully and promptly in the defence of any such claims. You may not settle an indemnification claim without DiaX Medical’s prior written consent if such settlement imposes obligations or restrictions on DiaX Medical.
ARTICLE 8: TERM AND TERMINATION
8.1 TERM OF AGREEMENT
This Agreement remains effective indefinitely unless and until terminated by either party as described herein.
8.2 TERMINATION BY DIAX MEDICAL
DiaX Medical reserves the right, at its sole discretion, to terminate or suspend your access to the Website and Services immediately and without prior notice if:
- You breach this Agreement or applicable laws, including engaging in prohibited behaviours detailed in Article 2.2 (Restrictions on Use).
- You engage in behaviour considered harmful, abusive, defamatory, disruptive, offensive, or detrimental to other users, third parties, or DiaX Medical’s interests.
8.3 TERMINATION BY USER
You may terminate this Agreement at any time by discontinuing your use of the Website and Services, closing your account (if applicable), and ceasing any further interactions.
8.4 CONSEQUENCES OF TERMINATION
Upon termination for any reason:
- Your right to access and use the Website and Services ceases immediately.
- You must discontinue all use of the Website, content, and related materials immediately.
- DiaX Medical may deactivate or delete your account and personal data, except data required to comply with legal obligations or enforce this Agreement, as detailed explicitly in the Privacy Policy.
8.5 SURVIVAL OF TERMS
All provisions of this Agreement that, by their nature, should survive termination—including but not limited to intellectual property provisions, warranty disclaimers, limitations of liability, indemnification clauses, and dispute resolution provisions—shall remain in full force and effect following termination.
ARTICLE 9: GOVERNING LAW
This Agreement, your use of the Website, and any disputes arising therefrom shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict-of-law principles.
ARTICLE 10: DISPUTE RESOLUTION
10.1 NEGOTIATION AND ARBITRATION
In case of any dispute or claim arising out of or related to this Agreement or your use of the Website, parties agree first to attempt resolution through good faith negotiations. Should negotiations fail within sixty (60) days, disputes shall be finally resolved by binding arbitration administered by the International Chamber of Commerce (ICC) according to its arbitration rules. Arbitration proceedings shall take place in Amsterdam, Netherlands, and shall be conducted in English by a single arbitrator appointed under ICC rules. Arbitration proceedings do not affect or limit mandatory statutory consumer rights to seek legal remedies before local EU courts.
10.2 INDIVIDUAL ARBITRATION ONLY
Any arbitration under this Agreement shall be conducted individually; class action, collective action, or other representative actions are expressly waived by the parties. Arbitration awards are binding, final, and enforceable in any court of competent jurisdiction.
10.3 OPT-OUT OF ARBITRATION
You may opt out of the mandatory arbitration provisions by providing written notification of your intent within thirty (30) days after first becoming subject to this arbitration clause. Notifications must be sent as specified in Article 12 (Contact Information) with clear reference to ‘Arbitration Opt-Out’ in the subject line. Opting out will not affect the enforceability of other terms of this Agreement.
10.4 EU CONSUMER RIGHTS
For EU-based consumers, arbitration remains entirely optional. You explicitly retain your statutory rights to bring legal proceedings in your jurisdiction’s competent courts according to EU consumer protection laws. This arbitration clause does not limit or restrict mandatory consumer rights under applicable EU law.
10.5 EU ONLINE DISPUTE RESOLUTION (ODR)
EU-based consumers have the option to use the EU Online Dispute Resolution platform (http://ec.europa.eu/consumers/odr) to resolve disputes. Our designated contact for ODR purposes is info@diaxmedical.com. Participation in ODR is without prejudice to your arbitration rights under Article 10.1.
10.6 CROSS-BORDER DISPUTES
For EU residents outside the Netherlands, the governing law and arbitration provisions apply without prejudice to any mandatory consumer protection provisions applicable in your jurisdiction of residence.
ARTICLE 11: GENERAL PROVISIONS
11.1 SEVERABILITY
If any provision of this Agreement is determined by a competent court or arbitration panel to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified or interpreted to achieve the objectives of the original provision to the greatest extent possible under applicable law. The validity, legality, and enforceability of the remaining provisions shall remain unaffected and fully enforceable.
11.2 WAIVER OF RIGHTS
The failure or delay by DiaX Medical to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. Any waiver of a provision of this Agreement by DiaX Medical will only be effective if explicitly stated in writing and signed by a duly authorized representative of DiaX Medical.
11.3 ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy, General Delivery Terms, Returns and Refund Policy, and other documents explicitly referenced herein, constitutes the entire understanding and agreement between you and DiaX Medical concerning your access to and use of the Website. It supersedes all prior or contemporaneous communications, proposals, understandings, agreements, and representations, whether written or oral, relating to the subject matter of this Agreement.
11.4 ASSIGNMENT OF RIGHTS AND OBLIGATIONS
DiaX Medical may freely assign, transfer, or delegate its rights and obligations under this Agreement, in whole or in part, without restriction, in the event of a merger, acquisition, restructuring, or sale of assets. Any assignment, transfer, or delegation by you of your rights or obligations under this Agreement requires the prior written consent of DiaX Medical. Any unauthorized assignment or transfer by you is null and void.
11.5 FORCE MAJEURE
DiaX Medical will not be liable for any delays, interruptions, or failures in performance resulting directly or indirectly from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental actions, strikes, labour disputes, or technical failures. DiaX Medical shall use commercially reasonable efforts to mitigate the effects of any force majeure event and resume normal operations as quickly as feasible under the circumstances.
11.6 LANGUAGE AND TRANSLATION
This Agreement has been prepared in the English language. Translations into other languages may be provided for convenience only. In case of any discrepancy, ambiguity, or conflict between the English version and translated versions, the English version shall prevail and remain legally binding.
ARTICLE 12: CONTACT INFORMATION
12.1 GENERAL INQUIRIES AND CUSTOMER SUPPORT
For questions, inquiries, complaints, or support related to the Website, ordering processes, or general terms of this Agreement, please contact DiaX Medical using the following information:
Email: info@diaxmedical.com
Postal Address:
DiaX Medical B.V.
Vincent van Goghweg 5
1861 CD Bergen, Netherlands
Note: The above address is for mailing purposes only and is not open to the public for visits or in-person inquiries.
12.2 DATA PROTECTION INQUIRIES
For questions, requests, or concerns regarding data privacy or data subject rights under GDPR or other applicable data protection laws, please contact the Data Protection Officer (DPO) or Privacy Representative at: info@diaxmedical.com
12.3 REGULATORY CONTACTS
For any regulatory compliance questions concerning the GlucoSensor system or medical device regulations within the EU, please directly contact:
Authorized Representative (AR):
Lotus NL B.V.
Laan van Vredenoord 33
2289 DA Rijswijk, Netherlands
Email: peter@lotusnl.com
Please direct any specific regulatory inquiries exclusively to the Authorized Representative at the provided contact information.
12.4 INTELLECTUAL PROPERTY AND LEGAL CLAIMS
Notices concerning claims of intellectual property infringement, legal matters, arbitration opt-out notifications, or related legal inquiries should be submitted clearly and promptly to DiaX Medical via email at info@diaxmedical.com or mailed to the postal address listed above, marked clearly for the attention of the Legal Department.
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