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Mothair

Terms of Use

Last updated: 01/10/2026

Preamble

These Terms of Use (hereinafter the “Terms”) define the terms and conditions under which MOTHAIR, a limited liability company (SAS) with a share capital of €12,134.00, registered with the Marseille Trade and Companies Register under number 925 372 542 R.C.S. Marseille, with its registered office at 15 rue Dumont d'Urville, 13008 Marseille (hereinafter “Mothair,” “we”), makes its Mothair mobile application, associated connected device, and related services available to users (hereinafter the “User,” “you”).

Use of the Service constitutes full and unconditional acceptance of these Terms.

Article 1: Definitions

| Term | Definition | | :---- | :---- | | Application | The Mothair mobile application, available on iOS and Android platforms. | | Device | The connected sleep tracking device sold by Mothair, associated with a Profile via the Application. | | Account | The personal space created by the User to access the Service, identified by an email address. | | Profile | The record created in the Application for a child being tracked. An Account can manage one or more Profiles, and a Profile can be shared between multiple Accounts (parent, co-parent). | | Service | The combination of the Application, the Device, the conversational assistant, and the editorial content provided by Mothair. | | User | Any adult individual who has created an Account. | | Sleep Data | The child’s biometric and sleep data collected by the Device (heart rate, respiratory rate, sleep states) and the indicators derived therefrom. |

Article 2: Purpose

These Terms govern the User’s access to and use of the Service. They are distinct from the General Terms of Sale (“GTS”), which govern the purchase of the Device and subscription to a plan, and the Privacy Policy, which details the processing of personal data. These three documents are complementary; in the event of a contradiction regarding a sale or pricing issue, the GTS shall prevail.

Article 3: Acceptance of Terms

Acceptance of the Terms is required and recorded at the time of Account creation. It constitutes explicit and timestamped consent, distinct from the specific consents (see Article 10) collected for certain data processing activities.

Mothair may update the Terms under the conditions set out in Article 13. Continued use of the Service after notification of a modification constitutes acceptance of the new version.

Article 4: Description of the Service

4.1 The Application

The Application allows the User to view the Sleep Data of the tracked child, derived indicators (trends, insights), and to manage their Account, Profiles, and Device.

4.2 The Device

The Device is a sleep tracking device that transmits measurements to the Application via Mothair’s infrastructure. It must be paired with a Profile to function. Access to tracking features (trends, insights, content, pairing) is conditional on holding an active right to the relevant Profile (Device purchase or active subscription, see Article 6).

The Device is not a medical device. See the full disclaimer in Article 8.

4.3 The conversational assistant

The Application offers a conversational assistant for asking questions about the child’s sleep and development. Responses are automatically generated from a knowledge base built and reviewed by Mothair, and are subject to automated controls designed to limit unsourced clinical assertions. These controls reduce the risk without eliminating it: see the disclaimer in Article 8, which applies in full to the conversational assistant.

Use of the conversational assistant by a Profile is subject to specific consent, which can be revoked at any time from the Account settings.

4.4 Editorial content

Mothair publishes general information content on child sleep and development. This content is for informational purposes only and does not constitute individualized medical advice (Article 8).

Article 5: Access to the Service and Account

5.1 Registration conditions

Account creation is reserved for individuals who have reached the age of majority and reside in a country of the European Economic Area or the United Kingdom. The User warrants the accuracy of the information provided during registration and agrees to keep it up to date.

5.2 Profiles and sharing

A Profile is created for a child tracked by the Service. The User who creates a Profile (the “owner”) can invite other Accounts to access it with a limited role (“co-parent” or “reader”). Each Account remains solely responsible for the questions and information it transmits via a shared Profile, including via the conversational assistant.

5.3 Account security

The User is responsible for the confidentiality of their credentials and for any activity carried out from their Account. They agree to notify Mothair immediately of any unauthorized use.

Article 6: Subscriptions, purchases, and pricing

Commercial terms (pricing, plans, billing, delivery, right of withdrawal) are defined in the General Terms of Sale. These Terms recall their operation from the perspective of Service use:

| Offer | Operation | | :---- | :---- | | Device Purchase | The Device is purchased and becomes the property of the User. The purchase includes a two (2) month premium tracking period free of charge from the date of delivery. Beyond this period, continued premium tracking is offered as a paid subscription. | | Subscription | The Device is provided under a recurring subscription and does not become the property of the User. Access to the Service is conditional on maintaining an active subscription. |

Cancellation of the Subscription offer requires the return of the Device. The terms of this return (deadline, consequences of non-return, potential billing for the Device) will be communicated to the User at the time of cancellation.

The purchase of the Device does not entail any obligation to return it: the User remains the owner even after the end of any premium tracking subscription.

Article 7: User Obligations

The User agrees to:

  • use the Service in accordance with its intended purpose and these Terms;

  • not use the Service for diverted, fraudulent, or unlawful purposes;

  • not attempt to bypass the security measures of the Application or the Device;

  • not exploit, copy, or redistribute editorial content or conversational assistant responses for commercial purposes without Mothair’s prior written consent;

  • ensure that the use of the Device on the child follows the installation and safety instructions provided with the product.

Article 8: Medical disclaimer and Service limitations

The Service is not a medical device and does not provide diagnosis, treatment, or medical advice. Sleep Data, derived indicators (wellness score, trends, etc.), and conversational assistant responses are provided for informational purposes only and do not in any way replace the advice of a healthcare professional.

In case of doubt regarding the child’s health, development, or safety, or in an emergency, the User must contact a healthcare professional or emergency services without waiting for a response from the Service or relying on the absence of an alert from the Application.

Mothair does not guarantee the accuracy, completeness, or clinical relevance of the information provided by the conversational assistant or editorial content. The control mechanisms in place (source verification, restriction of clinical assertions) reduce the risk of inappropriate responses but do not eliminate it.

Article 9: Intellectual property

The Application, the Device, their design, trademarks, logos, texts, visuals, and editorial content are the exclusive property of Mothair or its licensors and are protected by intellectual property law. Any unauthorized reproduction, representation, or exploitation is prohibited.

Article 10: Personal data

The processing of personal data, including the child’s health data (a special category under Article 9 of the GDPR), is detailed in the Privacy Policy.

The following points are recalled for informational purposes:

  • The processing of the child’s data is based on the consent of the holder of parental authority, collected when the Profile is created.

  • Certain processing activities (use of the conversational assistant, in particular) are subject to specific, distinct consent, which can be revoked at any time from the Account settings.

  • The User has the rights of access, rectification, erasure, restriction, portability, and objection provided by the GDPR. These rights can be exercised from the Application or by writing to dpo@mothair.fr.

  • Account deletion is possible at any time from the Application. It becomes effective after a grace period of ninety (90) days, during which it can be cancelled. After this period, data is permanently deleted, except for data whose retention is required by legal obligation (notably accounting documents, retained for ten years).

Article 11: Duration, termination, and Account deletion

These Terms apply for the entire duration of Service use.

The User can delete their Account at any time from the Application, under the conditions described in Article 10. Account deletion does not automatically cancel an active subscription under the GTS: the two actions remain linked but distinct, with Account deletion resulting in the cancellation of any active subscription.

Mothair may suspend or terminate a User’s access in case of serious breach of these Terms, after a formal notice remains without effect where the nature of the breach allows it.

Article 12: Service availability and liability

Mothair implements reasonable measures to ensure the availability and reliability of the Service, without guaranteeing absolute continuity. The Service may be interrupted for maintenance, updates, or in the event of a failure by a third-party provider (hosting, payment, messaging).

To the extent permitted by law, Mothair’s liability shall not be engaged for indirect damages, nor for a decision made by the User based on Sleep Data, derived indicators, or conversational assistant responses, subject to Article 8.

Article 13: Modification of Terms

Mothair may modify these Terms at any time, in particular to account for legal, technical, or functional changes to the Service. Any substantial modification will be notified to the User via the Application or by email before it takes effect.

Article 14: Governing law and disputes

These Terms are governed by French law. In the event of a dispute, and failing amicable resolution, the courts of Marseille shall have sole jurisdiction, subject to the mandatory protective provisions applicable to consumers in their country of residence.

Article 15: Contact

For any question regarding these Terms: support@mothair.fr.