Mothair

General Terms of Sale

Last updated :

Last updated: 18/03/2026

1. Preamble and definitions

The present general terms and conditions of sale and use (hereinafter the "GTC") govern the pre‑orders, sale and use of Mothair devices, the Mothair software platform, its artificial intelligence features and associated services (collectively, the "Services"), offered by Mothair company ("Mothair", the "Seller") to consumer customers located in the European Economic Area and the United Kingdom (the "Customer").

It is understood as:

  • "Mothair Device": any hardware marketed by Mothair

enabling access to or use of the Services.

  • "Mothair Platform": the software interface (including the modules

of AI and cloud services) accessible via the internet.

  • "Services": the set consisting 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 ordering.

  • « Contract » : the set formed by the pre‑order or order, the

corresponding confirmation and these CGV.

  • « Cancellation fee » : amount owed by the Client to Mothair in case

of cancellation of the pre‑order in cases where such cancellation is exceptionally permitted.

2. Scope, applicable law and territory

These CGV apply to all pre‑orders, sales and subscriptions to Mothair Services placed online by Clients 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 Client's usual country of residence or, where applicable, British mandatory law.

In case of conflict, only these more protective mandatory provisions for the Client prevail; all other clauses of these CGV remain applicable.

3. Pre‑contractual Information

Before any pre‑order or order is confirmed, Mothair provides the Customer, in a clear and understandable manner:

  • the main characteristics of the Device and Services (including

including the main technical limitations of the AI);

  • the total price all taxes included, any possible

delivery and subscription fees;

  • the indicative timelines for availability and delivery;
  • the existence, conditions and limits of the legal right of withdrawal

and its possible exceptions;

  • the existence of legal warranties;
  • the existence of non‑refund clauses and cancellation fees

relating to pre‑orders.

The validation of the pre‑order or order constitutes full and complete acceptance of these CGV, which prevail over any prior or conflicting document (subject to any mandatory contrary 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. 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 entails full advance payment of the price of the Device(s) and/or Services, as well as any applicable delivery fees.

No pre‑order is processed without the actual receipt of the full amount due.

4.3. Confirmation

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

5. Pre‑orders as project financing

5.1. Financing role

The Client expressly acknowledges that pre‑orders are used directly to finance the design, development, certification, industrialization, production and logistics of Mothair Devices and Services.

The amounts paid for a pre‑order therefore constitute an advance financing of the project, not merely a deposit on a product already in stock.

5.2. Acceptance of project risk

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

As long as Mothair acts in good faith in executing the project and complies with its mandatory legal obligations, these contingencies do not, in themselves, give rise to cancellation without fees or automatic refund.

5.3. Absence of investor status

Pre‑orders confer no investor rights (no shares, no equity, no dividend rights, no political rights). The Client retains only the status of consumer/buyer, with the corresponding mandatory rights.

6. Timelines, availability and evolutions

6.1. Indicative timelines

The dates and timelines for availability, delivery and provision of the Services are provided strictly for indicative purposes, unless expressly stated otherwise. They do not, in principle, constitute a fixed‑date delivery commitment.

6.2. Product and Service evolutions

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

These evolutions do not give rise to compensation as long as 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 provided by the Customer. Risk transfer occurs upon delivery of the Device to the Customer or to the person they have designated.

7.2. Service activation

Access to the Services notably requires:

  • a compatible Device,
  • an adequate internet connection,
  • the creation of a user account and acceptance of the

applicable terms of use.

Connection failures, incompatibility of third‑party equipment, misconfiguration or the Client’s failure to meet technical prerequisites cannot be attributed to Mothair and do not justify any refund or price reduction, unless a contrary mandatory provision applies.

8. Right of withdrawal – minimal and regulated application

8.1. Strict application of the mandatory right

When the mandatory right applicable to the Client (EU or UK) grants a right of withdrawal (typically 14 days), this right is recognized and respected within its strict limits: deadline, 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 period

The withdrawal period, when applicable, 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 an express request to commence performance before the end of the period.

8.3. Early performance of Services and legal waiver

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

  • explicitly request the performance of Services before the expiration of the

withdrawal period, and

  • acknowledge that they lose their right of withdrawal once the

Services fully performed.

If performance has started during the period at the Client's express request, they will remain liable for at least an amount proportional 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 a withdrawal concerning a Device, the Client must return it in a condition that allows simple verification and normal resale.

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

8.5. Legal exceptions -- strict application

When the law provides exceptions to the right of withdrawal (digital content supplied without physical medium after performance, personalized goods, sealed goods opened for hygiene reasons, etc.), Mothair will apply them strictly.

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

8.6. Absence of contractual extension

Beyond the legal deadline and outside its strict conditions, no withdrawal or return can be required by the Client.

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

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

9.1. Firm and final pre‑order

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

The Client cannot unilaterally cancel it without fees nor demand a refund of the amounts paid.

9.2. Nature of the amounts paid

The amounts paid for a pre‑order constitute a financing advance and a firm commitment by the Client, allocated to often irreversible costs (R&D, industrialization, certifications, production, logistics, dedicated inventory).

The Client acknowledges that, for this reason, Mothair is entitled to retain all or part of the amounts paid, within the limits of what is not deemed an abusive clause under mandatory law.

9.3. No refund in case of non‑use

The Client's non-use of the Device or Services, for any reason whatsoever (project change, change in personal or professional situation, lack of time, lack of internet connection, incompatibility of third‑party equipment, etc.), does not entitle any refund or price reduction, except where required by law or a duly established non‑conformity.

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

Except when exercising a legal right, Mothair has no obligation to accept the cancellation of a pre‑order.

If, as an exceptional and discretionary measure, Mothair agrees to review a cancellation request, such cancellation:

  • must be formalized in writing and accepted by Mothair,
  • will give rise, unless a more favorable specific agreement applies, to fees

cancellation corresponding to a minimum of 30% of the total VAT-inclusive amount of the pre‑order, which may be increased up to 100% depending on the project's progress stage (development, production, logistics, customization, costs already incurred).

The Client is informed and agrees that, given the pre‑order financing function, these cancellation fees may consume the amounts already paid in full, so that no actual refund is owed to them.

9.5. No obligation to refund or convert

Except in cases expressly provided for by law or decided by Mothair, it is not required:

  • nor to refund pre‑orders, even partially,
  • nor to convert the paid amounts into credit, voucher or carry‑over to

another order,

  • nor to grant any compensation.

9.6. Purely discretionary commercial actions

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

9.7. Limit: mandatory rights preserved

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

  • the mandatory right of withdrawal when it is validly

exercised,

  • the rights to a refund or price reduction in case of a

non‑conformity or non‑performance attributable to Mothair,

  • the rights recognized by a final court decision.

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

10. Delay, permanent unavailability and substantial modifications

In the event of a significant delay, permanent unavailability, or substantial modification affecting an essential feature of the Device or Services, Mothair will inform the Client and may, depending on the applicable law and the situation:

  • propose a new schedule or an alternative solution;
  • or offer the possibility of terminating the Contract for the element

concerned, with a refund of the amounts received for this element, without additional compensation, unless a more favorable 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, tort, defective product, etc.), is strictly limited to direct, certain and proven damages suffered by the Client, excluding any indirect or immaterial 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, profit, of

contracts or client relationships ;

  • damage to image, reputation or any commercial disturbance ;
  • loss, alteration or disclosure of data, reconstruction costs

of data ;

  • any financial or commercial damage not directly related to a

proven breach by Mothair of an essential obligation under the Contract.

11.3. Global liability cap

Subject to any mandatory provisions more favorable to the Client:

  • the total cumulative liability of Mothair to the Client, for

all causes and throughout the entire term of the Contract, is in any case limited to the total amount actually paid by the Client for the pre‑order and/or the relevant subscription;

  • no compensation can be granted beyond this limit,

even in cases of multiple claims, legal grounds, or victims.

11.4. Excluded liability cases

Without prejudice to mandatory rules, Mothair shall not be held responsible, in particular:

  • for any damage resulting from non‑compliant, abusive

negligent or contrary to the Agreement, documentation, or law;

  • from a misconfiguration, lack of updates, a

failure of third‑party hardware, software or network of the Client;

  • from an internet connection fault, network outage or a

security breach attributable to the Client or third parties;

  • of using the Services for unintended purposes (e.g., purpose

or medical decision without human validation, when validation is required);

  • of any consequence related to the trust placed in the results

produced by AI without appropriate human verification;

  • of the failure to achieve clinical, organizational,

commercial or performance objectives that the Client may have set.

11.5. Force majeure and third‑party actions

Mothair shall not be liable for any failures or delays resulting from a force majeure event or from a third party, within the meaning of applicable law. During the duration of the force majeure event, Mothair's obligations are suspended without compensation.

12. Use of AI, no result guarantee and Client liability

12.1. Probabilistic results – no result guarantee

Mothair's artificial intelligence features generate 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 Client need and provides no performance or result guarantee.

12.2. Control Obligation

The Client always retains control and responsibility for decisions made based on AI results. It is their responsibility to:

  • verify and cross‑check the results with other sources and its

own judgment;

  • never rely solely on AI results for

sensitive decisions (medical, regulatory, financial, HR, etc.) without qualified human intervention.

12.3. Prohibited Uses

The Client prohibits any use of the Services:

  • contrary to law, public order or third‑party rights ;
  • in violation of the regulations applicable to its activity

(health, medical, pharmaceutical, data protection, 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 shall not be held liable for the consequences and may suspend or terminate the Client's access to the Services.

13. Absence of medical advice -- limitation vis‑à‑vis 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, at best, to be assistance or support tools for competent professionals, who remain fully responsible for their decisions.

13.2. Exclusive responsibility of health professionals

When the Client is a professional or a healthcare facility, they acknowledge being solely responsible:

  • for the interpretation of the information provided by the Services;
  • for clinical decisions, prescriptions, diagnoses, interventions or

omissions that result from them;

  • for compliance with all legal, ethical and

regulatory obligations applicable to their practice.

Mothair does not assume any direct or indirect liability towards end patients or any third party for the Client's decisions or actions.

13.3. No patient--Mothair relationship

The contractual relationship exists only between Mothair and the Client.

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

13.4. Indemnification (hold harmless) towards patients

Within the limits permitted by mandatory law, the Client (especially when it is a professional or a health care institution) agrees to indemnify and hold harmless Mothair, its directors, employees, subcontractors and partners from any claim, action, demand or recourse arising from patients or third parties and based on:

  • the use of Devices or Services in a care context or

medical decision;

  • the allegation of bodily, moral or material damage related to the taking

into account (or the lack of taking into account) of the information provided by the Services.

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

14. Personal Data

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

15. Waiver of Certain Class Actions and Disputes

15.1. Class Actions

To the extent permitted by applicable law, the Client agrees not to initiate or participate in any class or collective action against Mothair, and to assert its rights solely on an individual basis.

When mandatory law authorizes and organizes class actions, this clause may exclude them only to the extent allowed by such law.

15.2. Jurisdiction

Subject to mandatory consumer‑protection jurisdiction rules, any dispute arising from these Terms and Conditions may be brought before the competent courts within the jurisdiction of Mothair’s registered office.

If the law grants the consumer Client the right to bring proceedings in the courts of their residence, that right remains unchanged.

15.3. Prior Attempt at Amicable Settlement and Mediation

In the event of a dispute, the Client commits to first seek an amicable solution with Mothair. Failing that, they may resort to mediation or alternative 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 guarantee obligations set forth in these CGV apply to the fullest extent permitted by mandatory consumer protection law and, where applicable, by mandatory law concerning medical liability.

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 CGV, supplemented where appropriate by the specific conditions mentioned in the pre‑order or order confirmation, constitute the entire agreement between Mothair and the Client and replace any prior agreement, promise or statement having the same purpose (except for contrary mandatory provisions).

16.3. Non‑waiver

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