VICTORIA BABY CARE — TERMS OF SERVICE
Effective date: 4 July 2026
1. ACCEPTANCE AND WHO WE ARE
1.1 These Terms of Service ("Terms") govern your access to and use of the Victoria Baby Care mobile application, together with any related websites, features, content and services we make available (collectively, the "App"). Please read them carefully.
1.2 The App is operated by Victoria Baby Care, Nantes, France, registered under company registration number [COMPANY REGISTRATION NUMBER] ("we", "us", "our" or the "Operator"). You can contact us at any time at support@victoriababycare.com.
1.3 By creating an account, downloading, accessing or using the App, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the App.
1.4 The App also contains a second-hand marketplace (the "Shop"). Your use of the Shop, and any purchase or sale of items through it, is governed by a separate document, the "Marketplace Terms", in addition to these Terms. Where the Marketplace Terms conflict with these Terms in relation to a sale, purchase, payment, shipping, dispute or Buyer Protection matter, the Marketplace Terms prevail for that matter. These Terms do not repeat the Marketplace Terms; anything relating to a sale is covered there.
1.5 Nothing in these Terms limits, excludes or overrides any mandatory rights you have under applicable European Union or French law, including consumer-protection law and data-protection law. Where any provision of these Terms would conflict with such mandatory rights, that provision applies only to the maximum extent permitted by applicable law, and the remainder of these Terms continues in effect.
2. ELIGIBILITY AND YOUR ACCOUNT
2.1 To use the general features of the App you must be at least the age required to consent to the processing of your personal data under the law of your country of residence, and in any event capable of forming a binding agreement with us. To buy or sell in the Shop, or to enter into any paid transaction, you must be at least 18 years old and have full legal capacity to contract.
2.2 To access most features you must create an account. You agree to provide accurate, current and complete information when you register and to keep that information up to date. Providing false, misleading or incomplete information is a breach of these Terms.
2.3 Your account is personal to you. Each account is for use by one identified person. You may not share your account, sell it, transfer it, or let another person use it, except where the App expressly offers a shared-family or caregiver feature, in which case only the people you authorise through that feature may access the shared data, and you remain responsible for their use.
2.4 You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You must notify us without undue delay at support@victoriababycare.com if you suspect any unauthorised access to or use of your account. We are not liable for loss arising from your failure to keep your credentials secure, except to the extent such loss is caused by us and cannot be excluded under applicable law.
2.5 We may refuse to create, or may suspend or close, an account where we reasonably believe the eligibility conditions are not met, where required information is missing or false, or where the account is used in breach of these Terms or applicable law.
3. LICENCE TO USE THE APP
3.1 Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use the App on a device you own or control, for your own personal, non-commercial use of the baby-care and related features. Use of the Shop is additionally subject to the Marketplace Terms.
3.2 This licence does not transfer any ownership. Except as expressly permitted by these Terms or by mandatory law, you must not: copy, modify, adapt, translate or create derivative works of the App; reverse engineer, decompile or disassemble it, or attempt to derive its source code, except to the extent this restriction cannot be excluded under applicable law; rent, lease, lend, sell, sublicense or otherwise commercially exploit the App; remove or alter any proprietary notices; or circumvent, disable or interfere with any security, access-control or usage-limiting feature.
3.3 Your use of the App through an app store (such as the Apple App Store or Google Play) is also subject to that store's own terms, which apply between you and the store operator.
4. LULLABY AND MUSIC PLAYER
4.1 The App includes a lullaby and music player offering audio tracks for listening within the App. Some tracks are available to all users; others are available only with an active premium subscription (see clause 5).
4.2 We grant you a personal, non-commercial, revocable licence to stream and listen to the available tracks within the App for your own private use and that of your household. This licence is limited to listening through the App's player.
4.3 You must not download (other than any temporary or offline caching the App itself provides for your personal use), copy, record, extract, redistribute, broadcast, publicly perform, make available, sell or otherwise exploit any track or other audio content, in whole or in part, outside the App. The music and audio content is owned by us or by our licensors and is protected by intellectual-property rights.
4.4 The available catalogue may change over time. Particular tracks may be added, removed or moved between the free and premium tiers, and offline availability may depend on your subscription status, device and licensing constraints. We do not guarantee that any specific track will remain available.
5. PREMIUM SUBSCRIPTION
5.1 Some features and content (including parts of the lullaby library and certain other features) are available only through a paid premium subscription ("Premium").
5.2 Premium subscriptions are sold and billed through the app store from which you obtained the App — the Apple App Store or Google Play — and this billing is facilitated by our subscription-management provider, RevenueCat. When you subscribe, you are charged by the relevant app store according to the plan and price shown to you at the point of purchase.
5.3 Unless stated otherwise at purchase, Premium subscriptions renew automatically for successive periods at the then-current price until cancelled, and the app store will charge your chosen payment method for each renewal period. You can view, manage and cancel your subscription, and turn off automatic renewal, through your app-store account settings. Cancellation generally takes effect at the end of the current billing period; you keep Premium access until then.
5.4 Payments, renewals, refunds and cancellations are handled by the app store under its own terms and policies, not by us directly. Any refund is subject to the app store's rules. This does not affect any withdrawal or refund right you may have under mandatory consumer law; where such a right applies and cannot be exercised through the app store, contact us at support@victoriababycare.com and we will help you exercise it as required by law.
5.5 Prices and the contents of Premium may change. Where a price change applies to an existing recurring subscription, it will take effect in accordance with the app store's rules, which generally require prior notice to you and, in many cases, your consent to continue; if you do not accept the new price you may cancel before it takes effect. Nothing in this clause removes any advance-notice or consent right you have under applicable law or the app store's policies.
5.6 Premium features relating to the Shop, if any, and any marketplace fees (including the Buyer Protection fee) are not part of the Premium subscription and are governed by the Marketplace Terms.
6. BABY-TRACKING AND MATERNAL FEATURES — INFORMATIONAL ONLY, NOT MEDICAL ADVICE
6.1 The App lets you record and view information such as feeding, sleep, nappies, activities, growth, milestones and maternal tracking. These features are provided for general informational, organisational and personal-record purposes only.
6.2 The App is not a medical device and does not provide medical, clinical, diagnostic, nutritional or other professional advice. Content, charts, ranges, reminders, suggestions and any calculated values are general in nature, may be approximate or based on generic references, and are not a substitute for professional judgement. This clause is to be read together with any separate medical disclaimer we provide in or through the App, which forms part of these Terms.
6.3 You must not rely on the App for any medical decision. Always seek the advice of a qualified physician, midwife, paediatrician or other appropriate health professional regarding the health of you or your child, and never disregard or delay seeking professional advice because of anything in the App.
6.4 In an emergency, or if you are worried about the health or safety of yourself or your child, contact your local emergency services immediately (for example 112 in the European Union, or 15 for the SAMU in France) or go to the nearest emergency department. Do not use the App to seek help in an emergency.
6.5 To the maximum extent permitted by applicable law, we are not responsible for any decision you make, or action you take or fail to take, in reliance on the informational features of the App.
7. USER CONTENT AND THE LICENCE YOU GRANT US
7.1 The App lets you submit, upload, store and share content, including text, notes, photos of your children or your household, item listing images, dispute-evidence images, messages and other materials ("User Content"). You retain ownership of your User Content and any rights you already hold in it.
7.2 You grant us a worldwide, non-exclusive, royalty-free, sublicensable (to our processors acting on our behalf) licence to host, store, reproduce, adapt in format, transmit, display and otherwise use your User Content solely to the extent necessary to operate, provide, secure, moderate and improve the App and its features, to display your content back to you and to the people you share it with, and to comply with our legal obligations. This licence lasts only as long as we retain the relevant content and ends when the content is deleted, subject to reasonable back-up retention and to any legal obligation to retain it. It does not grant us the right to use your personal photos for advertising or unrelated purposes.
7.3 You represent and warrant that you own or have the necessary rights and permissions to your User Content, that you have the right to grant the licence above, and that your User Content and our permitted use of it do not infringe any third party's rights or violate any law. Where your User Content shows another identifiable person, you confirm you have any consent needed for you to upload it and for us to process it as described.
7.4 Uploaded images are automatically scanned for safety before they are displayed, using an automated content-analysis service, to detect illegal or abusive material, including child sexual abuse material (CSAM). Content that is detected as illegal, abusive or otherwise prohibited may be blocked, removed and quarantined, and may be reported to the competent authorities and to relevant organisations as required or permitted by law. We may preserve related data as necessary to comply with legal obligations and to cooperate with investigations.
7.5 We may, but are not obliged to, review, moderate, refuse, restrict, remove or disable access to any User Content that we reasonably consider breaches these Terms, is unlawful, or is harmful, offensive or otherwise objectionable. Where we remove content or restrict your access, we will act in accordance with applicable law, and where the law so requires we will give you notice and a means to contest the decision.
7.6 The processing of your personal data contained in User Content is described in our Privacy Policy. Marketplace-specific content (such as item listings and dispute evidence) is also subject to the Marketplace Terms.
8. ACCEPTABLE USE AND PROHIBITED CONDUCT
8.1 You agree to use the App lawfully, respectfully and only for its intended purposes. You must not, and must not attempt to, and must not allow anyone else to:
(a) use the App in breach of any applicable law or regulation, or for any unlawful, fraudulent or harmful purpose;
(b) upload, share or transmit content that is illegal, infringing, defamatory, harassing, hateful, threatening, obscene, sexually explicit, or that exploits, endangers or sexualises children in any way;
(c) upload or distribute any child sexual abuse material, or any other content depicting or promoting the abuse, exploitation or endangerment of a minor;
(d) impersonate any person or entity, or misrepresent your identity, age or affiliation;
(e) upload viruses, malware or other harmful code, or otherwise interfere with, disrupt, overload or damage the App, our systems or other users;
(f) access, probe or scan the App or its systems without authorisation, bypass or attempt to bypass any security or access control, or use the App to gain unauthorised access to any account or data;
(g) scrape, harvest, index or systematically collect data or content from the App, or use bots, scripts or other automated means, except as we expressly permit;
(h) infringe our or any third party's intellectual-property, privacy, publicity or other rights;
(i) use the App or another user's information to send unsolicited communications, spam or advertising, or for any commercial purpose not expressly permitted; or
(j) encourage, enable or assist anyone else to do any of the above.
8.2 Prohibited conduct within the Shop (including listing rules, fees, off-platform dealing and marketplace-specific bans) is additionally governed by the Marketplace Terms.
8.3 We may investigate suspected breaches and take any action we consider appropriate, including the measures set out in clause 12.
9. INTELLECTUAL PROPERTY
9.1 The App and everything in it other than User Content — including its software, source and object code, design, text, graphics, logos, icons, images, audio, user interface, and the "Victoria Baby Care" name and branding — is owned by us or our licensors and is protected by intellectual-property and other laws. All rights not expressly granted to you are reserved.
9.2 Certain content, software components and services within the App are provided by third parties and remain the property of those third parties, whose terms may also apply. This includes third-party music and audio, mapping and location data, and other components identified in the App or its documentation.
9.3 Except as expressly permitted in these Terms or by mandatory law, you may not use, reproduce, distribute or create derivative works from any of our or our licensors' intellectual property. You must not use our trademarks, logos or brand features without our prior written consent.
9.4 If you send us feedback, suggestions or ideas about the App, you agree we may use them without restriction or obligation to you, and you grant us a perpetual, irrevocable, royalty-free licence to do so, without this affecting your rights in your own pre-existing materials.
10. THIRD-PARTY SERVICES AND LINKS
10.1 The App relies on and integrates third-party services to function, including, among others: Google Firebase (authentication, database, storage and push notifications); Stripe (payments, seller identity verification and tax functions for the Shop); Resend (email delivery); Sendcloud and Mondial Relay (shipping labels and carriage for the Shop); RevenueCat (subscription management); Google Cloud Vision (automated image-safety scanning); and Google Maps / Places (relay-point and location features). Your use of features that depend on these services may be subject to the relevant provider's own terms, and how they process personal data is described in our Privacy Policy.
10.2 The App may contain links to, or interoperate with, websites, applications or resources that we do not own or control. We provide these for convenience only and do not endorse them or take responsibility for their content, products, services, privacy practices or availability. Your dealings with any third party are between you and that third party.
10.3 To the maximum extent permitted by applicable law, we are not responsible for the acts, omissions, failures, downtime or changes of third-party providers, except where and to the extent applicable law makes us responsible.
11. AVAILABILITY, "AS IS / AS AVAILABLE", AND WARRANTIES
11.1 We aim to keep the App available and working well, but we provide it on an "as is" and "as available" basis. We do not guarantee that the App will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any defect will be corrected.
11.2 We may modify, suspend, limit or discontinue all or part of the App, or any feature, temporarily or permanently, for maintenance, security, legal, technical or business reasons. Where reasonably practicable and where the change is material, we will give you reasonable notice. We are not liable for any unavailability or change made in accordance with this clause, subject to your mandatory rights.
11.3 To the maximum extent permitted by applicable law, and without prejudice to clause 11.4, we exclude all implied warranties, conditions and other terms of any kind, whether statutory, express or implied, relating to the App, including as to satisfactory quality, fitness for a particular purpose, accuracy, non-infringement and the results you may obtain from using the App.
11.4 Nothing in these Terms excludes or limits any legal guarantee or warranty that applies to you and cannot be excluded under mandatory law, including, for consumers established in the European Union or France, the legal guarantee of conformity and the guarantee against hidden defects to the extent they apply, and any other mandatory consumer guarantee. Those rights remain fully available to you and are exercised as provided by law.
12. SUSPENSION AND TERMINATION
12.1 You may stop using the App at any time and may close your account through the App or by contacting support@victoriababycare.com. Closing your account does not by itself cancel a Premium subscription bought through an app store — you must cancel that through the app store — and does not release you from obligations arising from Shop transactions, which are dealt with under the Marketplace Terms.
12.2 We may suspend or restrict your access to the App or to particular features, or terminate your account, with immediate effect where reasonably necessary: if you materially or repeatedly breach these Terms or the Marketplace Terms; if you use the App unlawfully or in a way that harms or risks harming other users, third parties, us or the App; if required by law or by a competent authority or a provider we depend on; or to prevent fraud, abuse or a security risk. Where the breach is capable of being remedied and it is proportionate and lawful to do so, we will where reasonably practicable give you notice and an opportunity to remedy it before acting.
12.3 We will act proportionately and, where the law so requires, will give you the reasons for our decision and information about how to contest it. Suspension or termination does not affect any right, remedy or obligation that has already accrued, or any provision of these Terms that by its nature is intended to survive (including clauses on user content licences, intellectual property, disclaimers, limitation of liability, indemnification, and governing law).
12.4 On termination, your licence to use the App ends and you must stop using it. We will handle any personal data associated with your account as described in our Privacy Policy and in accordance with data-protection law. Where you have funds, an active order or an open dispute in the Shop, the Marketplace Terms govern how those are resolved before and after account closure.
13. LIMITATION OF LIABILITY
13.1 Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. In particular, we do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any liability that cannot be excluded or limited under applicable law, including mandatory consumer-protection and data-protection law.
13.2 Subject to clause 13.1, and to the maximum extent permitted by applicable law, we are not liable for: indirect or consequential loss; loss of profits, revenue, business, goodwill, anticipated savings or opportunity; loss or corruption of data (beyond our obligation to take appropriate measures to keep your data secure and available as described in our Privacy Policy); or any loss that was not reasonably foreseeable when you accepted these Terms.
13.3 Subject to clause 13.1, and to the maximum extent permitted by applicable law, we are not responsible for loss or damage caused by matters outside our reasonable control or not attributable to us, including: the conduct, content or information of other users; your reliance on the informational baby-tracking and maternal features (see clause 6); third-party services and providers on which the App depends (see clause 10); events of force majeure; and, in relation to the Shop, the matters for which responsibility is allocated under the Marketplace Terms (including the existence, quality, safety, legality, authenticity or condition of items, the accuracy of listings, disputes between users, and parcel loss, theft, damage or delay, which are addressed by the carrier's responsibility in transit and by the defined Buyer Protection scheme).
13.4 Subject to clause 13.1, and to the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with the App and these Terms, whether in contract, tort (including negligence), statute or otherwise, is limited: for the paid features, to the total amounts you paid to us (or, for app-store subscriptions, that are attributable to us) for the relevant service in the twelve months before the event giving rise to the liability; and, for features you use free of charge, to fifty euros (EUR 50). Liability arising from Shop transactions is separately addressed and capped under the Marketplace Terms.
13.5 The limitations and exclusions in this clause 13 reflect a reasonable allocation of risk for a service that is provided partly free of charge, and apply only to the extent permitted by applicable law; they do not reduce any mandatory right you have as a consumer.
14. INDEMNIFICATION
14.1 To the maximum extent permitted by applicable law, and except to the extent the loss results from our own breach or fault, you agree to hold us harmless from and, where lawful, indemnify us against any reasonable third-party claims, liabilities, damages, losses and costs (including reasonable legal fees) arising out of or connected with: your breach of these Terms or the Marketplace Terms; your User Content; your unlawful or infringing use of the App; or your violation of any law or of the rights of another person or entity.
14.2 This clause does not apply to consumers to the extent that applicable mandatory consumer law prohibits such an indemnity, and in no event requires you to indemnify us for loss caused by our own negligence, wilful misconduct or breach. We will notify you of any claim to which this clause applies, will not settle it in a way that imposes obligations on you without your consent (not to be unreasonably withheld), and will let you participate in the defence.
15. CHANGES TO THE APP AND TO THESE TERMS
15.1 We may update the App and these Terms from time to time, for example to reflect changes in our features, in the third-party services we use, in our business, or in the law, or to improve security or clarity.
15.2 Where we make a material change to these Terms, we will give you reasonable prior notice by appropriate means (for example, an in-app notice or an email to the address associated with your account) and will indicate the date from which the change applies. Minor changes that do not adversely affect your rights may take effect on posting.
15.3 If you do not agree to a change, you may stop using the App and close your account before the change takes effect. Your continued use of the App after the change takes effect means you accept the updated Terms, except to the extent that mandatory law requires your express consent. Changes do not apply retroactively to a Shop transaction already entered into, which remains governed by the Marketplace Terms in force at the time.
16. GOVERNING LAW, DISPUTE RESOLUTION AND ONLINE DISPUTE RESOLUTION
16.1 These Terms and any dispute or claim arising out of or in connection with them or the App (including non-contractual disputes or claims) are governed by French law. This choice of law does not deprive you, if you are a consumer, of the protection of any mandatory provisions of the law of the country in which you have your habitual residence.
16.2 The competent courts of France have jurisdiction over any dispute arising out of or in connection with these Terms or the App. If you are a consumer, this does not affect your right to bring proceedings in, or your protection under the mandatory rules of, the courts of your country of residence where applicable law so provides.
16.3 We would like to resolve any concern quickly and directly. Before starting formal proceedings, please contact us at support@victoriababycare.com so we can try to resolve the matter.
16.4 If you are a consumer, you may also be entitled to use consumer mediation. In France, you may refer an unresolved consumer dispute to a consumer mediator (médiateur de la consommation) free of charge, after first raising a written complaint with us; the details of the applicable mediation scheme will be provided to you on request and, where required, in the App or on our website.
16.5 The European Commission provides an Online Dispute Resolution (ODR) platform for consumers resident in the European Union, available at https://ec.europa.eu/consumers/odr. You may use it to submit a dispute relating to services obtained online. Our contact email for this purpose is support@victoriababycare.com.
16.6 Disputes specifically concerning a purchase, sale, payment, shipping, refund or Buyer Protection matter in the Shop are additionally subject to the dispute-resolution provisions of the Marketplace Terms.
17. GENERAL
17.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force; where possible, the invalid provision is to be replaced by a valid one that best reflects its intended purpose.
17.2 Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless made in accordance with applicable law.
17.3 You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer ours to an affiliate or in connection with a reorganisation, merger or sale, provided this does not reduce your rights under these Terms; if it materially affects your rights, you may close your account.
17.4 These Terms, together with the Privacy Policy, any medical disclaimer, and (for the Shop) the Marketplace Terms, constitute the entire agreement between you and us regarding the App and supersede any prior agreement on that subject, except for any mandatory rights that apply regardless.
17.5 We may provide notices to you through the App or by email to the address associated with your account. You may contact us at support@victoriababycare.com.
18. CONTACT
Operator: Victoria Baby Care Registered address: Nantes, France Company registration number: [COMPANY REGISTRATION NUMBER] Email: support@victoriababycare.com
These Terms are effective from 4 July 2026.
——— This document is available in French and English. In case of any discrepancy, the French version prevails.