Legal Disclaimer


LEGAL DISCLAIMER FOR GLUCOSENSOR™ WEBSITE

Please carefully read this Legal Disclaimer for the Website before using the GlucoSensor.com website, operated by DiaX Medical B.V.


1. DEFINITIONS
All capitalized terms in this Legal Disclaimer for the Website correspond exactly to those defined in the GlucoSensor™ Website End-User License Agreement (EULA). For clarity:

  • DiaX Medical B.V. (or “DiaX Medical”, “we”, “our” or “us”): Refers exclusively to DiaX Medical B.V., a private limited company registered at Vincent van Goghweg 5, 1861 CD Bergen, Netherlands, acting solely as importer, distributor, and operator within the European Union for the GlucoSensor™ Continuous Glucose Monitoring (CGM) System. DiaX Medical is responsible for EU distribution, market placement, operational management, customer support, and website/app interfaces, excluding the core medical functionalities provided by MicroTech Medical Inc.
  • MicroTech Medical (Hangzhou) Co., Ltd. (or “MicroTech”): Refers exclusively to MicroTech Medical (Hangzhou) Co., Ltd., registered at No. 108 Liuze Street, Cangqian, Yuhang District, Hangzhou, Zhejiang, China. MicroTech is the legal manufacturer responsible for the design, development, manufacture, and regulatory compliance (including CE marking) of the GlucoSensor™ CGM System. MicroTech exclusively controls the medical accuracy and reliability of glucose measurement technologies and medical algorithms integrated within the GlucoSensor™ CGM System.
  • GlucoSensor™ CGM System: Refers collectively to the hardware components (specifically the glucose sensor and transmitter), firmware, medical software, and associated medical algorithms developed exclusively by MicroTech Medical Inc., including the GlucoSensor™ App as an integral software component, which is provided and operated exclusively by DiaX Medical B.V. within the EU for interfacing with and displaying the glucose monitoring data generated by MicroTech’s medical functionalities.
  • GlucoSensor.com Website (“Website”): Refers exclusively to the informational, commercial, educational, and promotional website operated by DiaX Medical at www.glucosensor.com. It explicitly excludes the GlucoSensor™ App, any medical algorithms, real-time glucose monitoring functionalities, or clinical decision-support features, which are separately provided via the GlucoSensor™ App.
  • GlucoSensor™ App (“App”): Refers specifically to the GlucoSensor™ mobile application developed, maintained, and distributed by DiaX Medical as an integral component of the GlucoSensor™ CGM System. The App includes user-interface design and user-experience components developed by DiaX Medical, but relies exclusively on MicroTech’s medical software development kit (SDK) for glucose monitoring data processing, clinical functionalities, and medical algorithm outputs.
  • Authorized Representative: Lotus NL B.V., registered at Koningin Julianaplein 10, 2595 AA, The Hague, Netherlands, acting as the official Authorized Representative in the EU exclusively for MicroTech Medical Inc., responsible solely for EU regulatory compliance, vigilance reporting, technical documentation, and liaising with EU authorities. DiaX Medical explicitly does not fulfill the role of Authorized Representative.
  • User (also “you” or “your”): Any individual who accesses, browses, registers, or otherwise interacts with the GlucoSensor.com Website or related services, excluding the separate functionalities and services specifically provided via the GlucoSensor™ App.

2. NO MEDICAL ADVICE PROVIDED ON THE WEBSITE
All content provided through the GlucoSensor.com Website, including, but not limited to, product descriptions, instructional materials, tutorials, best-practice guidelines, videos, blogs, eBooks, articles about diabetes management, glucose monitoring, nutrition, lifestyle, or related topics, is strictly informational, educational, commercial, or supportive in nature. Under no circumstances should such content be interpreted, construed, or relied upon as medical advice, professional diagnosis, clinical guidance, or treatment recommendations. Users must always seek direct professional medical advice from their physician or another qualified healthcare provider for any medical questions, personalized diabetes management advice, treatment decisions, or health concerns. Never disregard professional medical guidance or delay seeking medical treatment based on any content provided on the GlucoSensor.com Website. DiaX Medical explicitly disclaims liability for adverse health outcomes, injuries, or complications resulting from users’ reliance upon website content in place of professional medical advice. For further information on the medical functionalities and limitations of the GlucoSensor™ CGM System, users must explicitly consult the separate Legal Disclaimer for the GlucoSensor™ App, accessible via the GlucoSensor.com website and within the App under Settings / About & Legal / Disclaimer, and the End-User License Agreement (EULA) specifically applicable to the GlucoSensor™ App.


3. EXPLICIT DISTINCTION BETWEEN WEBSITE AND APP FUNCTIONALITIES
The GlucoSensor.com Website is strictly limited to informational, commercial, educational, promotional, and user-support functionalities. Specifically, the Website provides general product descriptions, information regarding product availability, purchasing processes, ordering support, shipment tracking, warranty terms, logistical information, and related commercial details. The Website does not provide or display real-time or historical medical data, perform glucose monitoring, or provide medical or clinical interpretations. All such functionalities are exclusively available via the separate GlucoSensor™ App.

Additionally, the Website offers practical tutorials and general instructional content related to the usage of the GlucoSensor™ CGM System, such as guidelines for sensor placement, device application methods, maintenance tips, and basic troubleshooting instructions. These tutorials and supporting resources are strictly non-medical and designed solely to assist users with general product usage and practical application. Under no circumstances should such content be interpreted or relied upon as medical advice, clinical guidance, diagnosis, treatment recommendations, or any form of personalized health advice. Users must always consult directly with a qualified healthcare provider for medical or clinical guidance.

Furthermore, the Website may feature general educational content about diabetes, glucose monitoring, healthy lifestyle considerations, and related topics. Such content—provided through articles, blog posts, testimonials, videos, or other informational materials—is solely intended to enhance general consumer knowledge and promote product awareness. This educational content must never be interpreted as medical advice, personalized clinical recommendations, or professional healthcare guidance. Users must not rely on the Website’s general content for medical decision-making or treatment purposes. For personalized medical advice, diagnosis, or treatment, always seek guidance from your qualified healthcare provider.

In contrast, all medical functionalities specifically related to the GlucoSensor™ Continuous Glucose Monitoring (CGM) System—including real-time glucose monitoring, glucose data processing, algorithmic glucose analysis, medical alerts, clinical interpretation, individualized glucose management, and all related medically oriented functionalities—are exclusively provided through the separate GlucoSensor™ App. Within this App, medical functionalities are implemented using proprietary medical algorithms and the medical Software Development Kit (SDK), developed, controlled, maintained, and exclusively operated by MicroTech Medical Inc. (“MicroTech”).

DiaX Medical B.V. (“DiaX Medical”) is solely responsible for the non-medical components of the App, such as user interface (UI) and user experience (UX) design, non-medical data presentation, app navigation, and general app functionality. DiaX Medical explicitly disclaims any and all liability regarding the accuracy, reliability, clinical correctness, or performance of medical functionalities provided by MicroTech, including the glucose monitoring algorithms, clinical data interpretations, medical alerts, SDK functionalities, or related medical outcomes. As the EU importer, DiaX Medical acknowledges its specific regulatory obligations under applicable EU law, including proper labelling, instructions, vigilance reporting, distribution management, and traceability of the GlucoSensor™ CGM System. For further information on medical functionalities and related disclaimers, please see Article 2 above.


4. REGULATORY COMPLIANCE AND GEOGRAPHICAL LIMITATIONS
The GlucoSensor™ CGM System, described and offered through the GlucoSensor.com Website, is a CE-marked medical device authorized exclusively for distribution, marketing, and sale within jurisdictions of the European Union where applicable regulatory clearances have been obtained. DiaX Medical operates strictly as the EU importer and distributor of this system.

Although the GlucoSensor.com Website is accessible globally, the availability or representation of products, descriptions, or purchasing options on this Website shall not be construed as an offer to sell, distribute, or market the GlucoSensor™ CGM System outside the European Union or any other jurisdiction where required approvals are not in place. Users located outside approved jurisdictions who access the Website or attempt to purchase, import, or use the GlucoSensor™ CGM System bear sole responsibility for independently verifying compliance with local regulatory requirements. DiaX Medical explicitly disclaims liability associated with unauthorized or unlawful use, purchase, or importation of the system, and does not offer any guarantee, support, or endorsement regarding compliance with regulations outside the European Union.


5. NO LIABILITY FOR USE IN HIGH-RISK OR EMERGENCY SITUATIONS
The GlucoSensor.com Website content, including any product descriptions, tutorials, educational materials, and general informational guidance, must never be used or relied upon in high-risk or life-threatening medical situations.

In cases involving medical emergencies, urgent health conditions, severe glucose fluctuations, or any potentially life-threatening scenario, users must immediately contact professional medical personnel, emergency medical services (e.g., calling 112 within the EU), or visit the nearest emergency healthcare facility. DiaX Medical explicitly disclaims any liability arising from harm or adverse outcomes resulting from reliance upon information provided on the Website in urgent, critical, or emergency health contexts.

For detailed disclaimers related to medical decision-making and emergency situations involving the GlucoSensor™ App and the CGM System itself, please see the Legal Disclaimer for the App, specifically Articles 3 and 4.


6. CUSTOMER SERVICE LIMITATIONS
Customer support representatives of DiaX Medical provide general informational support, troubleshooting assistance, logistical guidance, and answers to commercial inquiries relating to product availability, ordering processes, delivery, returns, and warranty matters. They are not medical professionals and are not authorized to provide medical or clinical advice.

Information obtained from DiaX Medical customer service—whether communicated via telephone, email, online chat, or other channels—must not be interpreted as medical advice or clinical guidance. Users should always consult a qualified healthcare professional for medical questions, health-related decisions, or treatment guidance. DiaX Medical expressly disclaims liability for health consequences or adverse outcomes arising from reliance on information provided by its customer service representatives for medical or clinical purposes.


7. USER ACCOUNTS AND USER-GENERATED CONTENT
The Website may offer users the possibility to register accounts, submit comments or reviews, or upload user-generated content. Users creating an account must provide accurate and truthful information and are solely responsible for safeguarding their account credentials, including any Multi-Factor Authentication (MFA) credentials generated through our third-party authentication provider, MiniOrange. DiaX Medical explicitly disclaims any liability for unauthorized access, misuse, or security breaches resulting from compromised or inadequately protected login credentials or MFA tokens. Users are strongly advised to follow recommended security practices and immediately report suspected account compromises.

Furthermore, users must not submit or upload any unlawful, defamatory, infringing, offensive, or otherwise inappropriate content. DiaX Medical reserves the absolute right, at its discretion, to moderate, remove, or refuse to publish any user-generated content. Users retain sole responsibility and liability for their submissions. DiaX Medical explicitly disclaims all liability arising from user-generated content published on or through the Website.


8. LIMITATIONS OF AI AND AUTOMATED DATA ANALYSIS
Should the GlucoSensor.com Website provide or reference artificial intelligence (AI)-driven data analysis, insights, or recommendations, such AI-driven outputs are strictly informational and educational and should never replace professional medical advice or clinical judgment. Users are strongly advised to consult healthcare professionals before making decisions based solely on AI-generated information. DiaX Medical explicitly disclaims liability for adverse outcomes arising from unverified reliance on AI-generated content presented on or linked through the Website. DiaX Medical further disclaims any responsibility for inaccuracies or misinterpretations arising from AI-generated outputs, as these automated tools do not involve personalized assessment or professional medical judgment.


9. ACCURACY AND RELIABILITY OF WEBSITE CONTENT
DiaX Medical strives to ensure that all information displayed on the GlucoSensor.com Website—including product descriptions, educational content, pricing, availability, tutorials, best-practice guides, and general company information—is accurate, complete, and current. However, we make no warranty or representation, express or implied, regarding the continuous accuracy, completeness, correctness, timeliness, or suitability of such information.

All Website content is provided “as is” and “as available,” without guarantees or warranties of any kind, except as explicitly required by applicable law. Users assume full responsibility for independently verifying any critical or essential information before relying upon it for purchasing, commercial, educational, or any other decision-making purpose. DiaX Medical explicitly disclaims liability for any errors, inaccuracies, omissions, outdated information, typographical mistakes, or misrepresentations that may appear on the Website. Users who identify potential inaccuracies or unclear information on the Website should contact DiaX Medical directly for clarification before relying on such content.


10. WEBSITE AVAILABILITY AND TECHNICAL INTERRUPTIONS
This article specifically addresses technical interruptions and availability issues concerning the GlucoSensor.com Website only (excluding the GlucoSensor™ App). While DiaX Medical endeavours to ensure reliable, secure, and uninterrupted access to the GlucoSensor.com Website, we cannot guarantee that the Website will always be accessible, fully functional, or free from errors, viruses, malware, or other harmful components.

DiaX Medical explicitly disclaims liability for any direct, indirect, consequential, incidental, or special losses or damages that users may suffer as a result of Website downtime, system maintenance periods, unexpected outages, data loss incidents, cybersecurity issues, technical failures, or an inability to access Website content or services. Users are solely responsible for implementing adequate procedures and security measures—including antivirus software, firewalls, and data backups—to protect their personal devices, data, and systems from potential harm. For information regarding interruptions or connectivity issues involving the GlucoSensor™ App and CGM system functionalities, please refer to Article 9 of the Legal Disclaimer for the App.


11. DATA TRANSMISSION AND CONNECTIVITY INTERRUPTIONS
This article covers interruptions in data transmission and internet connectivity affecting access to content and functionalities provided by the GlucoSensor.com Website. It explicitly excludes connectivity or data transmission issues related to the GlucoSensor™ App or CGM functionalities. The availability of certain services provided on GlucoSensor.com may depend on internet connectivity and third-party network services. DiaX Medical does not guarantee continuous, uninterrupted, or error-free data transmission. Interruptions or failures in internet connectivity, network services, server maintenance, or other technical factors may result in delayed or incomplete availability of Website functionalities and information. Users must independently confirm any critical product-related data through alternative methods (such as direct customer support contact) before relying upon Website content for critical decisions, such as ordering or logistical arrangements. DiaX Medical explicitly disclaims liability for any losses or inconveniences resulting from connectivity interruptions or related technical issues.

For details on data transmission, connectivity, or interruption-related limitations specifically concerning the GlucoSensor™ App or CGM system, see Article 9 of the Legal Disclaimer for the App.


12. THIRD-PARTY WEBSITES AND SERVICES
The GlucoSensor.com Website may contain links, references, or integrations with third-party websites, services, resources, or platforms that are not operated, controlled, or managed by DiaX Medical. These external links and integrations are provided solely as user conveniences and do not constitute endorsements, affiliations, approvals, recommendations, or validations by DiaX Medical.

DiaX Medical expressly disclaims all responsibility and liability regarding the accuracy, content, legal compliance, privacy policies, security practices, or operational integrity of third-party websites and services. Users who choose to visit third-party websites or use external services do so entirely at their own risk and must independently review applicable third-party terms of use and privacy policies. In particular, users must carefully review the privacy and security policies of third-party payment providers, such as Mollie B.V., as DiaX Medical has no control over or responsibility for transactions handled by external payment services.


13. COOKIES, TRACKERS, AND ANALYTICS
The GlucoSensor.com Website utilizes cookies and similar tracking technologies to enhance user experience, analyze website traffic, and support our marketing efforts. Detailed information regarding the types of cookies we use, their purposes, and how we process personal data collected through these technologies is provided in our Privacy Policy.​

Upon your initial visit to our Website, you will encounter a cookie consent banner managed by Cookiebot, enabling you to manage your cookie preferences. By continuing to use our Website without adjusting your browser settings, you consent to our use of cookies as outlined in our Privacy Policy. You can modify or withdraw your consent at any time by accessing the Cookiebot settings available on our Website or by adjusting your browser settings. Please be aware that restricting certain cookies may impact the functionality and performance of the Website.​

We also employ third-party analytics tools, such as Google Analytics and Meta Pixel, to collect and analyse information about how our Website is used. These tools help us understand user behaviour and improve our services. The data collected through these tools may be transmitted to and stored by their respective providers. For more information on how these third parties handle your data, please refer to their privacy policies.​

For comprehensive details on our use of cookies, trackers, and analytics, including how we protect your personal data and your rights concerning such data, please consult our Privacy Policy.


14. E-COMMERCE, PAYMENT PROCESSING, AND ORDERS
Ordering, checkout, and purchasing functionalities are directly provided on the Website. Payments are securely processed via Mollie B.V., an external third-party provider. DiaX Medical does not store full payment details and disclaims liability for breaches, errors, or transactional issues originating from the payment processor. Users should review Mollie B.V.’s terms and conditions for detailed information. DiaX Medical reserves the right to cancel, delay, or refuse orders if payments cannot be processed successfully. Users must ensure that provided payment and delivery details are accurate and updated.


15. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the content, texts, graphics, images, trademarks, logos, user interfaces, videos, documentation, and other proprietary materials on the GlucoSensor.com Website are exclusively owned by DiaX Medical, MicroTech Medical Inc., or their respective licensors. These intellectual property rights are protected under applicable Dutch law, European Union legislation, and international treaties.

Users are expressly prohibited from copying, reproducing, modifying, publicly displaying, distributing, licensing, publishing, selling, creating derivative works, or otherwise using Website content without explicit prior written permission from DiaX Medical. Users may not use DiaX Medical’s trademarks, logos, product names, or other proprietary identifiers without explicit prior authorization.

Violation of intellectual property rights may result in legal action including claims for damages, injunctions, legal fees, and other remedies as permitted by applicable law.


16. PRIVACY AND DATA PROTECTION
Your privacy and the handling of your personal information when using the GlucoSensor.com Website are governed exclusively by the DiaX Medical Privacy Policy, available directly via GlucoSensor.com. When accessing the Website or providing personal data through contact forms, customer support interactions, account registration, or purchasing processes, you explicitly acknowledge that your information will be collected, stored, and processed strictly according to our Privacy Policy and fully in compliance with the European Union General Data Protection Regulation (Regulation (EU) 2016/679, “GDPR”).

DiaX Medical applies industry-standard technical and organizational measures to safeguard the confidentiality, integrity, and security of all personal data obtained via the Website. Users retain rights under GDPR, including access, rectification, erasure, data portability, restriction of processing, and the right to object to processing under legally established circumstances. To exercise these rights or for detailed information on how personal data is processed, stored, and protected, please consult the DiaX Medical Privacy Policy or contact privacy@diaxmedical.com.


17. LEGAL EXCEPTIONS TO USER CONSENT
DiaX Medical may lawfully process or disclose your personal data collected via the Website without explicit user consent under specific circumstances mandated by GDPR or other applicable laws. These exceptions include, but are not limited to, situations where processing or disclosure is necessary to comply with a lawful request, regulatory requirement, or court order, to protect vital interests (e.g., safeguarding health or life in emergency situations), or to fulfill public health and safety obligations, such as reporting adverse events or complying with medical device safety regulations.

Such processing and disclosure without consent will only occur strictly as permitted by law and in alignment with GDPR requirements. Full details of such exceptions are available in the DiaX Medical Privacy Policy.


18. AMENDMENTS TO THIS LEGAL DISCLAIMER
DiaX Medical expressly reserves the right to update, amend, modify, or otherwise change this Legal Disclaimer for the Website at any time, particularly in response to changes in relevant laws, regulations, operational practices, technology advancements, or business requirements. Any such amendments become immediately effective upon publication on the GlucoSensor.com Website.

Users are responsible for periodically reviewing this Legal Disclaimer for the Website to stay informed about any changes. Continued use of the Website following the publication of an updated Disclaimer shall constitute explicit and unconditional acceptance of the amended terms. Users who disagree with amendments must discontinue using the Website immediately.


19. GOVERNING LAW AND JURISDICTION
This Legal Disclaimer for the Website and any dispute, controversy, claim, or legal action arising out of or relating to the use of the GlucoSensor.com Website—including disputes regarding interpretation, validity, enforceability, or breach—shall be governed exclusively by and construed according to the laws of the Netherlands, without reference to any conflicts of law principles. Any dispute arising from or connected to the Website’s use shall be subject to the exclusive jurisdiction of the competent courts located in Amsterdam, the Netherlands. This provision does not limit or exclude mandatory consumer rights and remedies provided by applicable European Union law, including the consumer’s right to bring legal claims in their country of habitual residence.


20. LANGUAGE OF THIS DISCLAIMER
This Legal Disclaimer for the Website may be translated into multiple languages for convenience and accessibility purposes. However, in case of any discrepancies, interpretive conflicts, ambiguities, or inconsistencies arising between translated versions and the original English-language document, the English-language version shall prevail as the authoritative and legally binding version.

DiaX Medical explicitly disclaims liability for any misunderstandings, inaccuracies, or errors resulting from translations. If uncertainty arises, users must rely exclusively on the original English-language text or directly contact DiaX Medical for clarification.


21. INTEGRATION WITH OTHER LEGAL DOCUMENTS
This Legal Disclaimer for the Website constitutes an integral component of DiaX Medical’s overall legal framework governing your use of GlucoSensor.com and your relationship with DiaX Medical. This Disclaimer must always be read and interpreted in conjunction with other applicable DiaX Medical legal documents, policies, and agreements, including but not limited to:

  • GlucoSensor™ Website End-User License Agreement (EULA)
  • GlucoSensor™ App End-User License Agreement (EULA)
  • Privacy Policy
  • Legal Disclaimer for the App
  • General Delivery Terms
  • Returns and Refund Policy
  • Sensor Replacement Policy
  • Any other terms, conditions, or legal documents explicitly communicated by DiaX Medical via GlucoSensor.com or through direct correspondence.

In the event of conflicts or discrepancies between this Legal Disclaimer for the Website and any other referenced document, the more specific document governing the particular issue in question shall prevail (e.g., Privacy Policy for privacy matters, Sensor Replacement Policy for sensor warranty, Legal Disclaimer for the App for medical functionalities, etc.). In case of ambiguity, contact DiaX Medical directly for clarification.

V140425