Version 1.0 — effective as of 18/08/2026
English version. In the event of any discrepancy with any translation, the French version shall prevail.
1. Who we are, and what you agree to
MilkUP is a mobile application published by The Milk Company, a French simplified joint-stock company with a sole shareholder (SASU) with share capital of €2,000, registered with the Paris Trade and Companies Register (RCS) under SIREN number 108 402 389, whose registered office is located at 122 rue Amelot, 75011 Paris, France.
Contact: bonjour@milkup.ai
These Terms of Use (the "Terms") form the agreement between you and The Milk Company ("we", "us" or "our") governing your use of the MilkUP application, our website, and related services (together, the "Service").
By creating an account or using the Service, you agree to these Terms. If you do not agree to them, do not use the Service.
The processing of your personal data is described in our Privacy Policy, which forms an integral part of our contractual commitments to you.
2. What MilkUP is
2.1 What MilkUP is
MilkUP is a support tool. You log your pumping and breastfeeding sessions and how you feel; the application highlights your changes over time, compares them to your own previous entries and to benchmarks corresponding to your postpartum stage, and offers organizational suggestions as well as automatically generated programs and protocols.
This content is produced by the application, without human intervention, based on the information you enter.
2.2 MilkUP is not a medical device
MilkUP is not a medical device within the meaning of Regulation (EU) 2017/745. The Service is not intended for any medical purpose: it is not designed to diagnose, prevent, monitor, predict, forecast, treat, or alleviate any disease, injury, or disability.
2.3 MilkUP does not provide medical advice
The indicators, suggestions, programs, and protocols offered by the Service are informational. They do not constitute, and do not in any way substitute for, a diagnosis, a prescription, medical advice, or support from a healthcare professional.
You alone decide what to do with this information. You are free to follow or disregard the Service's suggestions: this choice has no impact on your account, your subscription, your access to features, or the content you receive.
2.4 When to consult a professional
The Service is not an emergency service and does not allow you to reach a healthcare professional or report an urgent situation.
Consult a healthcare professional — doctor, midwife, lactation consultant — for any question or concern regarding your health or your child's health, in particular before changing your breastfeeding or pumping routine, and do not wait, delay, or discontinue a consultation or treatment because of information obtained through the Service. In an emergency, call 15 (SAMU) or 112.
3. Who can use MilkUP
The Service is reserved for individuals who are of legal age (18 or older) and have full legal capacity to enter into a contract. Creating an account constitutes a representation by you that you are of legal age.
If we learn that an account was created by a minor, we will delete it, along with the associated data.
The Service is intended for personal, non-professional use. It is not designed to be used by a healthcare professional in the course of patient care.
4. Your account
You create your account via Sign in with Apple or Sign in with Google. You agree to provide accurate information and to keep access to your device and your account confidential.
An account is personal and individual. It may not be shared, transferred, or used by multiple people: the Service's content is built from your own data, and shared use renders it inoperative.
If you believe your account is being used without your consent, write to us at bonjour@milkup.ai
5. Rules of use
You agree to use the Service in good faith and in accordance with the law.
In particular, it is prohibited to:
- access or use the Service through automated means, or extract or reuse all or part of its content or databases;
- copy, modify, translate, decompile, or attempt to access the source code or inner workings of the Service, subject to mandatory legal exceptions, in particular the right to decompile for interoperability purposes under Article L122-6-1 of the French Intellectual Property Code;
- compromise the security or integrity of the Service, or attempt to access other users' data;
- circumvent the technical protection measures or access restrictions associated with the subscription;
- use the Service for medical purposes, or present its content to a third party as medical advice, a diagnosis, or a health recommendation;
- record, reproduce, or publicly share, in any form, any exchange (call, video call, or message) with a member of the MilkUP team, without our prior written consent;
- use the Service, its trademark, name, or content for commercial, advertising, or comparison purposes without our prior written consent.
6. What belongs to you, what belongs to us
6.1 Your content
The data you enter — sessions, check-in responses, free-text fields, settings — remains yours. We claim no ownership over it.
You grant us only the right to host, reproduce, and process it to the extent strictly necessary to provide you with the Service, for the life of your account. This right is non-exclusive, non-transferable, granted for no other purpose, and ends when this data is deleted.
Any other use of your health data — in particular to improve our models or for user research — is optional, disabled by default, and subject to separate consent that you give and withdraw independently within the application.
You represent and warrant that the content you enter does not infringe any third party's rights.
6.2 Our content
The application, its interface, texts, visuals, graphic identity, databases, calculation methods, programs, algorithm, and protocols, as well as the MilkUP trademark and name, are our exclusive property and are protected by intellectual property law.
We grant you a personal, non-exclusive, non-transferable, and revocable right of use, limited to the duration of your account and to normal use of the Service. No other right is transferred to you.
If you spontaneously send us a suggestion, idea, or feedback about the Service, we may use it freely, without compensation or any obligation of confidentiality toward you.
7. Subscription, trial, and payment
7.1 Offering
The Service includes features available free of charge and features reserved for subscribers. The content of each offer, its price, and its terms are those displayed in the application at the time of subscription.
A free trial may be offered. Unless cancelled before it ends, the trial automatically continues into a paid subscription, at the rate indicated at the time of subscription.
7.2 Apple is the seller
The subscription is purchased exclusively through Apple's in-app purchase mechanism (Apple In-App Purchase). Apple Distribution International Ltd. is the seller of record: the sales contract for the subscription is entered into between you and Apple, and is governed by the Apple Media Services Terms and Conditions.
As a result:
- payment, billing, renewal, and cancellation of the subscription are managed through your App Store account settings;
- we do not receive, process, or store any banking data;
- any refund request must be made to Apple, in accordance with its own terms and procedures. We can neither grant nor deny a refund on its behalf.
7.3 Renewal and cancellation
The subscription automatically renews at each due date, unless you cancel it at least 24 hours before the end of the current period, through your App Store account settings.
You may cancel at any time. Cancellation takes effect at the end of the period already paid for: you retain access to paid features until that date. Whatever the duration of the subscription purchased, that duration constitutes a single period, payable in full upon subscription. Ceasing to use the Service, or no longer making use of it, during that period does not give rise to any refund, in whole or in part, of the remaining time, subject to your right of withdrawal (Section 7.4) and to the mandatory legal guarantees referred to in Section 8.4.
7.4 Right of withdrawal
For digital content and services provided immediately, the right of withdrawal applies under the conditions set out by applicable regulations and by Apple's terms as seller of record. Any request in this respect should be addressed directly to Apple.
7.5 Price changes
We may change our pricing. A price change never applies to a period already paid for. You will be notified before it takes effect, and you remain free not to renew your subscription.
8. Our commitments — and their limits
This section describes what we owe you, what we do not promise, and what we are not liable for. It should be read together with Section 2, which defines the informational nature of the Service.
8.1 What we commit to
We commit to:
- provide the Service with care and diligence, in accordance with the description given in the application at the time of your subscription;
- implement appropriate technical and organizational measures to protect your data, as described in our Privacy Policy;
- allow you at any time to retrieve and delete your data, in accordance with the terms set out in our Privacy Policy;
- inform you, under the conditions set out in Section 10, of any material change to the Service or to these Terms.
These commitments constitute a best-efforts obligation (obligation de moyens), not an obligation of result.
8.2 What we do not promise
The Service formats data that you enter yourself. We therefore do not promise:
- that the Service will be accessible without interruption or error — its availability depends in particular on your device, your connection, your operating system, the App Store, and that of our cloud hosting provider (Google Cloud); we cannot guarantee continuous availability of the Service, as this does not depend on us alone;
- that the indicators, suggestions, programs, or protocols will be suited to your individual situation, free of error, or relevant to your particular case — they are based on general benchmarks and on what you have entered, the accuracy and completeness of which we cannot verify;
- any particular outcome: the Service does not guarantee any milk volume, any breastfeeding duration, any change whatsoever in your situation, or the success of any pumping routine.
8.3 What we are not liable for
We are not liable for:
- decisions you make, for yourself or your child, based on information provided by the Service, it being recalled per Section 2 that such information does not constitute medical advice;
- inaccurate or incomplete information that you enter;
- the acts of a third party for which we are not responsible, in particular Apple, your internet service provider, your operating system, or your device;
- any event of force majeure within the meaning of Article 1218 of the French Civil Code.
8.4 What we do not exclude
We do not exclude or limit our liability for personal injury, gross or wilful misconduct, or in any case where the law prohibits such exclusion or limitation.
Nothing in these Terms reduces your mandatory consumer rights, in particular the statutory guarantee of conformity for digital content and services (Articles L224-25-12 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code). Any clause contrary to this shall be deemed unwritten, without affecting the rest of the contract.
9. Suspension and termination
9.1 By you
You may stop using the Service at any time and delete your account from the application settings, without having to justify your decision. Deleting your account results in the deletion of your data, in accordance with the terms and timeframes set out in our Privacy Policy. Cancellation of the subscription is governed by Section 7.3.
9.2 By us
We may suspend or terminate your access to the Service, in whole or in part, in the event of a breach on your part of these Terms, fraudulent use, or use that compromises the security of the Service or the rights of a third party. In that case, no subscription refund is due.
Except in cases of urgency, security breach, or legal obligation, this measure will be preceded by a formal notice that has gone unaddressed within a reasonable period, and you will be informed of the reason. No subscription refund is due.
We may also close an account that has remained inactive, in accordance with the terms set out in our Privacy Policy.
In the event of a breach of these Terms on your part, we also reserve the right to take any action we deem appropriate to remedy the harm caused.
9.3 Discontinuation of the Service
We may decide to discontinue operating all or part of the Service. You will be informed within a reasonable period, you may retrieve your data before discontinuation, and the portion of the subscription corresponding to the period not provided will be refunded to you under the same terms as set out in Section 9.2.
10. Changes to the Service and to these Terms
10.1 Changes to the Service
MilkUP evolves continuously. We may fix, add, modify, or remove features, for valid reasons relating in particular to improving the Service, its security, its technical adaptation, or changes in regulations. These changes are part of the normal operation of the Service, entail no additional cost to you, and do not require your prior consent.
Should any such change have a negative impact, other than a minor one, on your access to or use of the Service, you will be informed in advance on a durable medium, and you may cancel free of charge within thirty days, in accordance with Article L224-25-26 of the French Consumer Code.
10.2 Changes to these Terms
We may amend these Terms, in particular to reflect changes to the Service, to regulations, or to our practices.
Any material change will be notified to you within the application or by email before it takes effect. If you do not accept the new version, you may delete your account. Continued use of the Service after the change takes effect constitutes acceptance.
Changes relating to the processing of your personal data are governed by the procedure set out in our Privacy Policy; where processing relies on your consent, new consent will be requested from you.
11. Your personal data
The processing of your data is described in our Privacy Policy, to which these Terms fully refer.
Two points follow directly from this here:
- your breastfeeding and pumping data are treated as health data within the meaning of Article 9 of the GDPR;
- the consents required for this purpose are collected separately within the application, on dedicated screens. Accepting these Terms does not constitute consent to the processing of your health data, and withdrawing optional consent does not affect your account, your subscription, or your access to the Service.
12. Complaints, mediation, and governing law
12.1 Contact us first
For any complaint, write to us at bonjour@milkup.ai. We endeavor to respond as promptly as possible.
12.2 Consumer mediation
In accordance with Articles L612-1 and L616-1 of the French Consumer Code, you may use a consumer mediator free of charge for the amicable resolution of a dispute with us, after having sent us (by email to bonjour@milkup.ai) a written complaint that has not received a satisfactory response.
12.3 Governing law and jurisdiction
These Terms are governed by French law.
This clause does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of residence within the European Union. In the event of a dispute, you may bring proceedings, at your choice, before the court of your place of residence or the court of the registered office of The Milk Company.
13. Miscellaneous
Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between us regarding the Service. The terms applicable to the purchase of the subscription are governed by Apple (Section 7.2).
Severability. If any clause is deemed unwritten or unenforceable, the remaining clauses remain in effect.
No waiver. Failure to enforce any breach does not constitute a waiver of the right to enforce it later.
Assignment. We may assign this agreement in connection with a merger, a sale of business, or a reorganization. You will be informed in advance and may delete your account before the transfer. The fate of your health data in this scenario is governed by our Privacy Policy.
Language. The French version prevails over any translation.