Mothair

General Terms and Conditions of Sale

Last updated :

Last updated: 18/03/2026

1. Preamble and definitions

These general terms and conditions of sale and use (hereinafter the "GTC") govern pre-orders, the sale and use of Mothair devices, the Mothair software platform, its artificial intelligence features and associated services (collectively, the "Services"), offered by the company 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:

  • "Mothair Device": any hardware marketed by Mothair enabling access to or use of the Services.
  • "Mothair Platform": the software interface (including AI modules and cloud services) accessible via the internet.
  • "Services": the combination of the Mothair Device, the Mothair Platform, AI functions, updates, support and associated services.
  • "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 combination of the pre-order or order, the corresponding confirmation and these GTC.
  • "Cancellation Fee": the amount owed by the Customer to Mothair in the event of cancellation of the pre-order in cases where such cancellation is exceptionally permitted.

2. Scope of application, applicable law and territory

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

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

In the event of a conflict, only these more protective mandatory provisions for the Customer shall prevail; all other clauses of these GTC 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:

  • the main characteristics of the Device and Services (including the main technical limitations of the AI);
  • the total price including all taxes, any delivery and subscription fees;
  • the indicative availability and delivery timescales;
  • the existence, conditions and limits of the statutory right of withdrawal and any exceptions thereto;
  • the existence of statutory warranties;
  • the existence of non-refund clauses and cancellation fees relating to pre-orders.

Validation of the pre-order or order constitutes full and unreserved acceptance of these GTC, which take precedence over any prior or conflicting document (subject to any 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, fills in the required information and validates their order on the Mothair website. When the products or Services are not yet available, the order is classified as a "Pre-order".

4.2. Full advance payment

Any pre-order requires full advance payment of the price of the Device(s) and/or Services, as well as any delivery charges.

No pre-order is taken into account without actual receipt of all amounts due.

4.3. Confirmation

Mothair sends the Customer, by email, a summary confirmation (products/Services, price, terms, indicative timescales, link to the GTC). 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, industrialisation, production and logistics of Mothair Devices and Services.

The amounts paid in respect of a pre-order thus constitute a project financing advance, and not a mere 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 in the advance financing of an innovative solution: delays, technical adjustments, changes to the industrialisation plan, non-substantial functional developments, etc.

For as long as Mothair continues in good faith to execute the project and complies with its mandatory legal obligations, such uncertainties do not, in themselves, give rise to a right to cancellation without fees or to automatic reimbursement.

5.3. No investor status

Pre-orders confer no investor rights (no shares, no partnership interests, no right to dividends, no voting rights). The Customer retains only the status of consumer/purchaser, with the corresponding mandatory rights.

6. Timescales, availability and changes

6.1. Indicative timescales

The dates and timescales for availability, delivery and provision of Services are provided on a strictly indicative basis, unless there is an express contrary commitment. They do not, in principle, constitute a commitment to deliver by a fixed date.

6.2. Changes to products and Services

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

Such changes 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 risk 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, improper configuration or failure to meet technical prerequisites by the Customer cannot be attributed to Mothair and do not justify any refund or price reduction, unless there is a contrary mandatory provision.

8. Right of withdrawal – minimum and regulated application

8.1. Strict application of mandatory law

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

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

8.2. Starting point of the period

The withdrawal period, where it exists, runs:

  • for Devices, from the date of receipt of the Device by the Customer;
  • for Services provided prior to delivery of a Device, from the date of conclusion of the Contract, unless an express request is made to begin performance before the end of the period.

8.3. Early performance of Services and statutory waiver

Where permitted by law, the Customer may be invited to:

  • expressly request the performance of the Services before the expiry of the withdrawal period, and
  • acknowledge that they lose their right of withdrawal once the Services are fully performed.

If performance has begun during the period at the Customer's express request, the Customer will remain liable for at minimum a proportional amount corresponding to the portion already provided, in accordance with the law, even in the event of withdrawal.

8.4. Condition of the Device upon withdrawal

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

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

8.5. Statutory exceptions – strict application

Where the law provides for exceptions to the right of withdrawal (digital content provided without tangible medium after performance, personalised goods, unsealed goods for reasons of hygiene, etc.), Mothair will apply these strictly.

In such cases, the Customer is clearly informed, prior to the pre-order, of the absence or limitation of the right of withdrawal. Where the exception applies, no refund under the right of withdrawal is owed.

8.6. No contractual extension

Beyond the statutory period and outside its strict conditions, no withdrawal or return may be demanded by the Customer.

Any additional flexibility that Mothair may grant will be solely at its discretionary commercial discretion.

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

9.1. Firm and final pre-order

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

The Customer may not unilaterally cancel it without charge or demand repayment of the sums paid.

9.2. Nature of the sums paid

The sums paid in respect of a pre-order constitute a financing advance and a firm commitment by the Customer, allocated to often irreversible costs (R&D, industrialisation, certifications, production, logistics, dedicated stock).

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 classified as an unfair clause by mandatory law.

9.3. No refund in the event of non-use

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

9.4. Exceptional cancellation at the Customer's request and cancellation fees

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

If, on an exceptional and discretionary basis, Mothair agrees to consider a cancellation request, such cancellation:

  • must be formalised in writing and accepted by Mothair,
  • will give rise, unless a more favourable specific agreement is reached, to cancellation fees corresponding to a minimum of 30% of the total amount including taxes of the pre-order, which may be increased to 100% depending on the stage of progress of the project (development, production, logistics, personalisation, costs already incurred).

The Customer is informed and accepts that, given the financing function of pre-orders, these cancellation fees are liable to consume all amounts already paid, such that no actual refund is owed 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 obliged:

  • to refund pre-orders, even partially,
  • to convert the amounts paid into credit, credit notes or transfers to another order,
  • to grant any form of compensation whatsoever.

9.6. Purely discretionary commercial gestures

Any partial refund, credit, transfer or other benefit granted by Mothair in a situation not required by law is a purely discretionary commercial gesture, without acknowledgement of liability and without creating a precedent or vested right for the future.

9.7. Limitation: mandatory rights preserved

This non-refund and cancellation fee clause does not apply and shall not limit:

  • statutory withdrawal rights when validly exercised,
  • rights to a refund or price reduction in the event of a lack of conformity or non-performance attributable to Mothair,
  • rights recognised by a final court judgment.

Outside these strictly defined circumstances, no restitution of amounts received is owed.

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, depending on the applicable law and the situation:

  • propose a new schedule or an alternative solution;
  • or offer the possibility of rescission of the Contract in respect of the element concerned, with refund of the amounts received for that element, without additional compensation, unless a more favourable mandatory provision applies.

11. Exclusion and limitation of liability

11.1. General principle

Within the limits permitted by applicable mandatory law, Mothair's liability, whatever its cause or basis (contractual, non-contractual, defective product, etc.), is strictly limited to direct, certain and proven damages suffered by the Customer, to the exclusion of 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 opportunity, turnover, revenue, profits, contracts or customers;
  • damage to image, reputation or any commercial disruption;
  • loss, alteration or disclosure of data, data reconstruction costs;
  • any financial or commercial loss not directly linked to a proven breach by Mothair of an essential obligation under the Contract.

11.3. Overall liability cap

Subject to more favourable mandatory provisions for the Customer:

  • Mothair's total cumulative liability towards the Customer, for all causes and over the entire duration of the Contract, is in any event limited to the total amount actually paid by the Customer in respect of the relevant pre-order and/or subscription;
  • no compensation may be granted beyond this cap, even in the case of multiple claims, legal grounds 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-compliant, abusive, negligent or contractually, documentarily or legally non-compliant use;
  • for improper configuration, failure to update, failure of hardware, software or third-party networks of the Customer;
  • for lack of internet connection, network outage or security breach attributable to the Customer or third parties;
  • for use of the Services for unintended purposes (for example, medical purpose or decision without human validation, where validation is required);
  • for any consequence arising from reliance on AI-generated results without appropriate human verification;
  • for failure to achieve clinical, organisational, commercial or performance objectives set by the Customer.

11.5. Force majeure and third-party acts

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 applicable law. During the period of the force majeure event, Mothair's obligations are suspended without compensation.

12. Use of AI, no guarantee of results and Customer's responsibility

12.1. Probabilistic results – no guarantee of results

Mothair's artificial intelligence features produce probabilistic results that may be inaccurate, incomplete, outdated or unsuitable for a particular situation.

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

12.2. Obligation of oversight

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

  • verify and cross-reference results with other sources and their own judgment;
  • never rely exclusively on AI results for sensitive decisions (medical, regulatory, financial, HR, etc.) without qualified human intervention.

12.3. Prohibited uses

The Customer is prohibited from using the Services in any way:

  • contrary to law, public order or the rights of third parties;
  • in breach of the regulations applicable to their activity (health, medical, pharmaceutical regulations, data protection, etc.);
  • so as to present as certain, validated or certified by Mothair a result that constitutes only a probabilistic model output.

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

13. No medical advice – limitation with respect to patients and third parties

13.1. No medical advice or clinical decision

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

13.2. Exclusive responsibility of healthcare professionals

Where the Customer is a healthcare professional or institution, they acknowledge sole responsibility for:

  • the interpretation of 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 solely between Mothair and the Customer.

No care relationship, doctor-patient relationship or medical obligation 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 cared for them, and not against Mothair.

13.4. Hold harmless with respect to patients

Within the limits permitted by mandatory law, the Customer (in particular when they are a healthcare professional or institution) undertakes to indemnify and hold harmless Mothair, its directors, employees, subcontractors and partners from and against any claim, action, demand or proceedings brought by patients or third parties and based on:

  • the use of the Devices or Services in a care or medical decision-making context;
  • the allegation of physical, moral or material damage linked to the consideration (or non-consideration) of information provided by the Services.

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

14. Personal data

Mothair processes the Customer's personal data in accordance with applicable regulations (GDPR, equivalent British rules) and its privacy policy. Certain processing operations are necessary for the provision, security, monitoring and improvement of the Services (including model training or improvement, logs, statistics).

15. Waiver of certain collective actions and disputes

15.1. Collective actions

To the extent permitted by applicable law, the Customer agrees not to bring or participate in a class action or collective action against Mothair, and to assert their rights on an individual basis only.

Where mandatory law authorises and regulates collective actions, this clause may only exclude them to the extent permitted by that law.

15.2. Jurisdiction

Subject to mandatory consumer-protective jurisdictional rules, any dispute arising from these GTC may be brought before the courts with jurisdiction over the registered office of Mothair.

Where the law grants the consumer Customer the right to bring proceedings before the courts of their place of residence, that 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 have recourse to the mediation or out-of-court dispute resolution mechanisms provided for by the law of their country of residence.

16. Hierarchy of rules, partial invalidity and non-waiver

16.1. Primacy of mandatory law

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

If a provision is found to be void, unenforceable or excessive, it will be adjusted or deemed unwritten to the extent strictly necessary, without affecting the validity of the remainder.

16.2. Entire agreement

These GTC, 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 agreements, promises or statements on the same subject matter (unless there are contrary mandatory provisions).

16.3. Non-waiver

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