1. Purpose
These terms of use and sale govern the use of the Tomber Enceinte app ("the App"), which helps people who want to have a baby track their cycle and spot their fertile days: cycle tracking, morning check-in, calendar, ovulation tests, reminders, and questions to Pépin, the App's mascot.
2. Publisher
The App is published by BAUGEY MATHEO, trading as DEVOLIM, 248 rue de Bègles, 33800 Bordeaux, France, SIREN 948 000 757. Contact: contact.tomber-enceinte@devolim.fr. The legal notice supplements these terms.
3. Acceptance
When first opened, the App asks you to accept the health disclaimer and these terms; it asks again in the event of a significant change. Using the App means accepting the terms in force.
4. Minimum age
The App is for adults only: 18, or the age of majority in your country if it is higher.
5. Access to the service
The App is free to download from the App Store and Google Play and works without an account. Cycle tracking is available free of charge; the Premium offer gives access to additional features. Questions to Pépin and purchases require an internet connection. The publisher strives to keep the service available but cannot guarantee it at all times: maintenance, updates or technical incidents may interrupt it.
6. Nature of the predictions
The fertile window, ovulation and next period shown by the App are estimates calculated from the information you enter. The App is not a medical device, does not provide any diagnosis, does not guarantee a pregnancy and is not a method of contraception: it must never be used to avoid a pregnancy.
7. Questions to Pépin
Pépin's answers are written by an artificial intelligence service, drawing on official sources (see the privacy policy). They are provided as general information, may be incomplete or inaccurate and do not replace the advice of a doctor or midwife. Questions are reserved for normal personal use; technical limits protect the service against abusive or automated use.
8. Permitted use
The App is for personal, non-commercial use. You agree not to try to bypass its protections or usage limits, not to extract its content by automated or large-scale means, and not to send Pépin unlawful content.
9. Premium offer
The App may offer a paid option (auto-renewing subscription and/or in-app purchase) giving access to additional features. The nature of the offer, its price, its duration, its renewal terms and, where applicable, whether a free trial is offered and for how long, are shown in the App and by the store (App Store or Google Play) before you confirm any purchase; this information may change and the version displayed at the time of purchase prevails. Payment is made through your Apple or Google account.
Prices
Prices are those displayed in the App at the time of purchase, inclusive of all taxes, in the currency of your store account. They may vary by country and may change; any change is notified by the store before it takes effect.
Free trial and welcome offer
Where a free trial is offered, you can cancel it from your Apple or Google account settings at least 24 hours before it ends: you are then not charged anything. Without cancellation, the subscription starts at the end of the trial. A welcome offer may be offered only once; its terms are shown before purchase.
Automatic renewal and cancellation
The subscription renews automatically at the end of each period unless cancelled at least 24 hours before it ends. Cancellation can be done at any time from your store account:
Cancellation takes effect at the end of the current period; paid features remain available until then. Deleting the App does not cancel the subscription.
Right of withdrawal
Consumers normally have fourteen days to withdraw. Under Article L.221-28 13° of the French Consumer Code, this right cannot be exercised for digital content supplied on a non-tangible medium where performance has begun with your prior express consent and your express waiver of that right, which is the case as soon as the offer is activated.
Refunds
Payments are collected by Apple or Google. Refund requests are therefore handled by the relevant store: reportaproblem.apple.com for iOS, or Google Play support for Android. The publisher has no technical means of issuing a refund directly.
10. Legal guarantee of conformity
Consumers benefit from the legal guarantee of conformity applicable to digital content and services under Articles L.224-25-12 et seq. of the French Consumer Code, for two years from the supply of the digital content.
11. Intellectual property
The App, its texts, interface, illustrations, the Pépin character and the name Tomber Enceinte belong to the publisher. The official sources cited remain the property of their authors. Any reproduction without permission is prohibited.
12. Liability
The information in the App is general and its predictions are estimates. They are not medical advice and do not replace the care of your doctor or midwife, who know your situation (see the health disclaimer). If in doubt, ask a health professional. The publisher cannot be held liable for a decision made solely on the basis of the App, in particular its use as a means of contraception, nor for a temporary interruption of the service. As your data is stored only on your phone, it is up to you to export it if you want to keep a copy.
13. Personal data
The processing of personal data is described in the privacy policy, which forms an integral part of these terms.
14. Changes to these terms
These terms may change, in particular as the App evolves. The version in force is always the one published on this website; in the event of a significant change, the App asks you to accept them again.
15. Complaints and mediation
Any complaint may be sent to contact.tomber-enceinte@devolim.fr: we first look for an amicable solution.
In-app purchases are made with Apple or Google, as sellers, which collect payment and handle refund requests under their own terms; DEVOLIM provides the service available in the App.
16. Governing law
These terms are governed by French law. In the event of a dispute, and failing an amicable settlement, the French courts have jurisdiction. Consumers retain the right to bring proceedings before the courts of their place of residence.
17. Language
These terms were drawn up in French. In the event of any discrepancy between the French version and a translation, the French version prevails.