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Mothair

General Terms and Conditions of Sale

Last updated: 01/10/2026

1. Preamble and definitions

These General Terms and Conditions of Sale and Use (hereinafter the “Terms”) govern pre-orders, the sale of Mothair Devices, the Mothair software platform, its artificial intelligence features, and associated services (collectively, the “Services”), offered by Mothair (“Mothair”, the “Seller”) to consumer customers located in the European Economic Area and the United Kingdom (the “Customer”).

The following terms are defined as:

| Term | Definition | | :---- | :---- | | Device | The connected sleep tracking device marketed by Mothair, associated with a Profile via the Application. | | Application | The Mothair mobile application, available on iOS and Android platforms. | | Services | The collective set comprising the Application, the Device, the conversational assistant, and the editorial content made available by Mothair. | | Pre-order | Any firm order placed and paid for a Device and/or Services not yet available at the time of the order. | | Contract | The whole formed by the pre-order or order, the corresponding confirmation, and these Terms. | | Cancellation Fees | Amount payable by the Customer to Mothair in the event of cancellation of a pre-order in cases where such cancellation is exceptionally permitted. |

2. Scope, applicable law, and territory

These Terms apply to all pre-orders, sales, and subscriptions to Mothair Services made online by Customers residing in a country of the European Economic Area or the United Kingdom.

The Contract is governed by French law, without prejudice to the application of mandatory consumer protection provisions of the Customer’s country of habitual residence or, where applicable, mandatory UK law.

In the event of a conflict, only these more protective mandatory provisions shall prevail; all other clauses of these Terms shall remain applicable.

3. Pre-contractual information

Before any validation of a pre-order or order, Mothair provides the Customer, in a clear and comprehensible manner, with:

  • the main characteristics of the Device and Services (including the main technical limitations of the AI);

  • the total price including all taxes, any shipping and subscription fees;

  • indicative availability and delivery timeframes;

  • the existence, conditions, and limits of the legal right of withdrawal and its possible exceptions;

  • the existence of legal warranties;

  • the existence of non-refundability clauses and cancellation fees relating to pre-orders.

The validation of the pre-order or order constitutes full and unconditional acceptance of these Terms, which prevail over any prior or contradictory document (subject to contrary mandatory provisions).

4. Order / pre-order process and advance payment

4.1 Online order / pre-order

The Customer selects the products and/or Services, provides the required information, and validates their order on Mothair’s website or application. When the products or Services are not yet available, the order is designated as a “Pre-order”.

4.2 Full advance payment

Any pre-order implies the full advance payment of the price of the Device(s) and/or Services, as well as any shipping fees.

No pre-order will be processed without the effective receipt of the full amount due.

4.3 Confirmation

Mothair sends the Customer, by email, a summary confirmation (products/Services, price, terms, indicative timeframes, link to the Terms). The Contract is concluded on the date of this confirmation.

5. Pre-orders as project financing

5.1 Financing role

The Customer expressly acknowledges that pre-orders directly serve to finance the design, development, certification, industrialization, production, and logistics of Mothair Devices and Services.

The amounts paid under a pre-order thus have the nature of a project financing advance, and not a simple deposit on a product already available in stock.

5.2 Acceptance of project risk

By placing a pre-order, the Customer accepts the existence of a project risk inherent to the advance financing of an innovative solution: delays, technical adjustments, changes in the industrialization plan, non-substantial functional evolutions, etc.

As long as Mothair pursues the execution of the project in good faith and complies with its mandatory legal obligations, these uncertainties do not, in themselves, give rise to a right of cancellation without fees or automatic refund.

5.3 Absence of investor status

Pre-orders confer no investor rights (no shares, no equity interest, no right to dividends, no political rights). The Customer retains only the status of consumer/buyer, with the corresponding mandatory rights.

6. Timeframes, availability, and evolutions

6.1 Indicative timeframes

The dates and timeframes for availability, delivery, and provision of Services are provided on a strictly indicative basis, unless expressly agreed otherwise. They do not, in principle, constitute a commitment to deliver on a fixed date.

6.2 Evolutions of products and Services

Mothair may make technical, functional, or aesthetic evolutions to the Devices and Services (including to AI models) for reasons of security, compliance, performance, optimization, or continuous improvement.

These evolutions do not give rise to compensation provided they do not deprive the Customer of the substance of the agreed service.

7. Delivery of the Device and access to Services

7.1 Physical delivery

The Device is delivered to the address indicated by the Customer. The transfer of risks occurs upon delivery of the Device to the Customer or to the person they have designated.

7.2 Activation of Services

Access to the Services requires, in particular:

  • a compatible Device;

  • an adequate internet connection;

  • the creation of a user account and acceptance of the applicable terms of use.

Lack of connection, incompatibility of third-party equipment, misconfiguration, or failure by the Customer to meet technical prerequisites cannot be attributed to Mothair and do not justify any refund or price reduction, unless contrary mandatory provisions apply.

8. Right of withdrawal: minimal and framed application

8.1 Strict application of mandatory law

When the mandatory law applicable to the Customer (EU or UK) confers a right of withdrawal (generally 14 days), this right is recognized and respected within its strict limits: timeframe, starting point, scope, exclusions, and consequences defined by law.

No additional contractual right of withdrawal is granted beyond what is legally required.

8.2 Starting point of the timeframe

The withdrawal timeframe, where it exists, runs:

  • for Devices, from the receipt of the Device by the Customer;

  • for Services provided before the delivery of a Device, from the conclusion of the Contract, unless there is an express request to commence performance before the end of the timeframe.

8.3 Anticipated execution of Services and legal waiver

Where the law permits, the Customer may be invited to:

  • expressly request the execution of the Services before the expiration of the withdrawal timeframe, and

  • acknowledge that they lose their right of withdrawal once the Services have been fully executed.

If execution has begun during the timeframe at the express request of the Customer, the Customer will remain liable for at least an amount proportional to the part already provided, in accordance with the law, even in the event of withdrawal.

8.4 Condition of the Device in case of withdrawal

In the event of withdrawal regarding a Device, the Customer must return it in a condition allowing for simple verification and normal resale.

Any depreciation resulting from use exceeding what is necessary to verify its nature, characteristics, and proper functioning may result in a reduction of the refund amount, within legal limits.

8.5 Legal exceptions: strict application

Where the law provides for exceptions to the right of withdrawal (digital content provided without a physical medium after execution, personalized goods, goods unsealed for hygiene reasons, etc.), Mothair will apply them strictly.

In these cases, the Customer is clearly informed, before the pre-order, of the absence or limitation of the right of withdrawal. When the exception applies, no refund under withdrawal is due.

8.6 Absence of contractual extension

Beyond the legal timeframe and outside its strict conditions, no withdrawal or return can be demanded by the Customer.

Any additional flexibility possibly granted by Mothair will be solely a discretionary commercial gesture.

9. Non-refundability of pre-orders and cancellation fees

9.1 Firm and final pre-order

Subject to the valid exercise of a legal right (withdrawal, non-conformity, non-delivery attributable to Mothair), any pre-order is firm and final.

The Customer cannot unilaterally cancel it without fees or demand a refund of the amounts paid.

9.2 Nature of amounts paid

The amounts paid under a pre-order constitute a financing advance and a firm commitment by the Customer, allocated to often irreversible costs (R&D, industrialization, certifications, production, logistics, dedicated stocks).

The Customer accepts that, for this reason, Mothair is entitled to retain all or part of the amounts paid, within the limits of what is not qualified as an unfair clause by mandatory law.

9.3 No refund in case of non-use

The non-use of the Device or Services by the Customer, for whatever reason (change of project, change of personal or professional situation, lack of time, absence of internet connection, incompatibility of third-party equipment, etc.), does not give rise to any refund or price reduction, except in cases imposed by law or duly established non-conformity.

9.4 Exceptional cancellation at the Customer’s request and cancellation fees

Outside the exercise of a legal right, Mothair has no obligation to accept the cancellation of a pre-order.

If, exceptionally and at its discretion, Mothair agrees to examine a cancellation request, this cancellation:

  • must be formalized in writing and accepted by Mothair;

  • will give rise, unless a more favorable specific agreement is reached, to cancellation fees corresponding to at least 30% of the total price including tax of the pre-order, which may be raised to 100% depending on the state of progress of the project (development, production, logistics, customization, costs already incurred).

The Customer is informed and accepts that, given the financing function of pre-orders, these cancellation fees may fully consume the amounts already paid, such that no effective refund is due to them.

9.5 No obligation to refund or convert

Outside cases expressly provided for by law or decided by Mothair, the latter is not required:

  • to refund pre-orders, even partially;

  • to convert the amounts paid into credit, store credit, or carry-over to another order;

  • to grant any compensation.

9.6 Purely discretionary commercial gestures

Any partial refund, credit, carry-over, or other advantage granted by Mothair in a situation not imposed by law is a purely discretionary commercial gesture, without acknowledgment of liability and without creating a precedent or acquired right for the future.

9.7 Limit: mandatory rights preserved

This non-refundability and cancellation fees clause does not apply and cannot limit:

  • mandatory withdrawal rights when validly exercised;

  • rights to refund or price reduction in case of non-conformity or non-performance attributable to Mothair;

  • rights recognized by a final court decision.

Outside these strictly defined hypotheses, no restitution of the amounts received is due.

10. Delay, permanent unavailability, and substantial modifications

In the event of significant delay, permanent unavailability, or substantial modification affecting an essential characteristic of the Device or Services, Mothair will inform the Customer and may, according to the applicable law and the situation:

  • propose a new schedule or an alternative solution;

  • or offer the possibility of termination of the Contract for the element concerned, with refund of the amounts received for that element, without additional compensation, unless more favorable mandatory provisions apply.

11. Exclusion and limitation of liability

11.1 General principle

Within the limits allowed by the applicable mandatory law, the liability of Mothair, whatever the cause or basis (contractual, extra-contractual, defective product, etc.), is strictly limited to direct, certain, and proven damages suffered by the Customer, excluding any indirect or intangible damage.

11.2 Exclusion of indirect damages

The following are deemed to constitute excluded indirect damages, without this list being exhaustive:

  • loss of chance, turnover, revenue, profits, contracts, or clientele;

  • damage to image, reputation, or any commercial disturbance;

  • loss, alteration, or disclosure of data, costs of data reconstruction;

  • any financial or commercial damage not directly linked to a proven failure by Mothair to fulfill an essential obligation provided for in the Contract.

11.3 Global liability cap

Subject to mandatory provisions more favorable to the Customer:

  • the total cumulative liability of Mothair towards the Customer, for all causes and over the entire duration of the Contract, is in any case limited to the total amount actually paid by the Customer under the pre-order and/or the subscription concerned;

  • no compensation can be granted beyond this cap, even in the event of multiple claims, legal bases, or victims.

11.4 Cases excluded from liability

Without prejudice to mandatory rules, Mothair cannot in particular be held liable for:

  • any damage resulting from non-conforming, abusive, negligent, or contrary use to the Contract, documentation, or law;

  • misconfiguration, lack of updates, or failure of third-party hardware, software, or network of the Customer;

  • lack of internet connection, network outage, or security breach attributable to the Customer or third parties;

  • use of the Services for unintended purposes (for example, medical purpose or decision without human validation, when validation is required);

  • any consequence related to trust placed in results produced by the AI without appropriate human verification;

  • failure to achieve clinical, organizational, commercial, or performance objectives that the Customer may have set.

11.5 Force majeure and acts of third parties

Mothair cannot be held liable for failures or delays resulting from a case of force majeure or the act of a third party, within the meaning of the applicable law. During the duration of the force majeure event, Mothair’s obligations are suspended without compensation.

12. Use of AI, absence of result guarantee, and Customer liability

12.1 Probabilistic results: no guarantee of result

The artificial intelligence features of Mothair produce probabilistic results, which may be inaccurate, incomplete, obsolete, or unsuitable for a particular situation.

Mothair does not guarantee the accuracy, exhaustiveness, or suitability of the results to a specific need of the Customer and provides no commitment of performance or result.

12.1 Obligation of control

The Customer retains in all circumstances the control and responsibility for decisions made based on the results of the AI. It is their responsibility to:

  • verify and cross-check the results with other sources and their own judgment;

  • never rely exclusively on the results of the AI for sensitive decisions (medical, regulatory, financial, HR, etc.) without qualified human intervention.

12.3 Prohibited uses

The Customer prohibits any use of the Services:

  • contrary to the law, public order, or the rights of third parties;

  • in violation of regulations applicable to their activity (health, medical, pharmaceutical, data protection regulations, etc.);

  • in a way that presents as certain, validated, or certified by Mothair a result that is only a probabilistic model output.

In case of non-compliance, Mothair cannot be held liable for the consequences and may suspend or terminate the Customer’s access to the Services.

13. Absence of medical advice: limitation towards patients and third parties

13.1 No medical advice or clinical decision

Mothair Devices and Services do not provide any personalized medical advice, diagnosis, prescription, therapeutic recommendation, or clinical decision. They are intended to be, at best, tools of assistance or support for competent professionals, who remain fully responsible for their decisions.

13.2 Exclusive responsibility of health professionals

When the Customer is a professional or a health establishment, they acknowledge being solely responsible for:

  • the interpretation of the information provided by the Services;

  • the clinical decisions, prescriptions, diagnoses, interventions, or omissions resulting therefrom;

  • compliance with all legal, ethical, and regulatory obligations applicable to their practice.

Mothair assumes no direct or indirect liability towards final patients or any third party for the decisions or actions of the Customer.

13.3 No patient–Mothair relationship

The contractual relationship exists only between Mothair and the Customer.

No care, doctor-patient, or medical obligation relationship is created between Mothair and patients, users, or third parties. Any claim by a patient must be directed exclusively against the professional or structure that provided care, and not against Mothair.

13.4 Indemnification (hold harmless) towards patients

Within the limits allowed by mandatory law, the Customer (particularly when they are a professional or a health establishment) undertakes to guarantee and hold harmless Mothair, its directors, employees, subcontractors, and partners from any claim, action, demand, or recourse emanating from patients or third parties and based on:

  • the use of the Devices or Services in a care or medical decision context;

  • the allegation of bodily, moral, or material damage linked to the consideration (or lack of consideration) of the information provided by the Services.

This clause applies to the maximum extent permitted by mandatory consumer protection and medical liability law.

14. Personal data

Mothair processes the Customer’s personal data in accordance with applicable regulations (GDPR, equivalent UK rules) and its privacy policy. Some processing is necessary for the provision, security, monitoring, and improvement of the Services (including training or improvement of models, logs, statistics).

15. Waiver of certain collective remedies and disputes

15.1 Collective actions

To the extent allowed by the applicable law, the Customer agrees not to initiate or participate in a class action or collective action against Mothair, and to assert their rights individually only.

When mandatory law allows and organizes collective actions, this clause can only exclude them to the extent permitted by that law.

15.2 Jurisdiction

Subject to mandatory jurisdiction rules protecting consumers, any dispute arising from these Terms may be brought before the competent courts of the jurisdiction of Mothair’s registered office.

When the law grants the consumer Customer the right to bring the courts of their place of residence, this right remains unchanged.

15.3 Prior attempt at amicable settlement and mediation

In the event of a dispute, the Customer undertakes to first seek an amicable solution with Mothair. Failing that, they may resort to mediation or out-of-court dispute resolution mechanisms provided for by the law of their country of residence.

16. Hierarchy of norms, partial nullity, and non-waiver

16.1 Primacy of mandatory law

The exclusions, limitations, waivers, and warranty obligations provided for in these Terms apply to the extent permitted by mandatory consumer protection law and, where applicable, by mandatory medical liability law.

If a provision is judged null, inapplicable, or excessive, it will be adjusted or deemed unwritten to the extent strictly necessary, without affecting the validity of the rest.

16.2 Entirety of the Contract

These Terms, supplemented where applicable by the specific conditions mentioned in the pre-order or order confirmation, constitute the entire agreement between Mothair and the Customer and replace any prior agreement, promise, or statement having the same subject matter (unless contrary mandatory provisions apply).

16.3 Non-waiver

The fact that Mothair does not invoke a clause of these Terms at a given time shall not be interpreted as a waiver of the right to invoke it later.