Terms of use

Version 2.0 — effective October 4, 2026

These terms of use (the “Terms”) govern access to and use of the Divex app. They are supplemented by the privacy policy.

1. Publisher

Divex is published by Joseph LALOT EI, a sole proprietorship (micro-entreprise) operating under the trade name “44 apps”, 101 route d’Albi, 31200 Toulouse, France, SIRET 102 010 204 00018, reachable at app.divex@gmail.com (hereinafter “Divex” or “we”). Full details are available in the legal notice.

2. Definitions

App: the Divex mobile app for iOS and Android, and its future versions on other platforms.
User or “you”: any person who uses the App.
Account: the personal space created with an email address. Guest account: an account created without an email address, with limited features.
Content: any information you post or save in the App (dives, notes, photos, videos, comments, sites, sightings, profile).
Group: a space shared between several Users (private group, club or dive center).
Premium: the paid subscription that unlocks additional features.

3. Acceptance

You accept the Terms by ticking the box provided for this purpose when you sign up or first log in, and again after each material change. If you do not accept the Terms, you may not use the App.

4. Access conditions

You must be at least 16 years old.
An Account is personal: you may not share it, transfer it, or use someone else’s.
The information you provide must be accurate; you may not impersonate another person.
The App is free; some features require Premium. Your device and internet connection remain at your own expense.

Guest mode lets you try Divex without an email address. A Guest account cannot subscribe to Premium or join a Group, and its dives remain private. It is deleted after 90 days of inactivity. You can recover it on the same device or turn it into a full Account at any time, without losing your data.

5. Your account

You are responsible for keeping your password confidential and for the activity on your Account. If you notice any fraudulent use, change your password and let us know at app.divex@gmail.com.

6. The service

Divex lets you, among other things, keep a dive logbook, import dives, view statistics, trophies and goals, identify the species you have seen, view your dives on a map, interact with your friends and the members of your Groups, share a dive as an image and export your data.

We keep improving the App to make it better, more secure or compliant with the law. If a change negatively affects your access to or use of the App in more than a minor way, we will inform you in advance; you may then terminate the contract free of charge within 30 days of that information or of the change, whichever comes later (article L. 224-25-25 of the French Consumer Code).

7. Code of conduct

Divex is a community of divers. We have zero tolerance for objectionable content and behavior. You may not post or engage in:

illegal, hateful, discriminatory, violent or sexual content, or content showing nudity;
harassment, threats, insults or intimidation;
infringement of other people’s privacy or image rights, in particular posting a photo of a person without their consent;
infringement of other people’s intellectual property rights;
impersonation or fake profiles;
unsolicited spam, advertising or solicitation;
false data intended to mislead other Users, for example to skew a leaderboard;
encouraging dangerous diving practices;
any attempt to bypass the App’s security, access other people’s data, or extract data in bulk by automated means;
decompiling or modifying the App, except where permitted by law.

8. Your content

You remain the owner of your Content. You warrant that you hold the rights needed to post it, and that you have the consent of the people who are recognizable or named in it.

To operate the service, you grant Divex, free of charge and on a non-exclusive, worldwide basis, the right to reproduce, store, technically adapt (resizing, compression, thumbnails) and display your Content in the App. This license is used only to show your Content to the people allowed by your visibility settings and to operate the features you use (image sharing, export). It ends when you delete the Content or your Account. Divex never uses your Content for advertising purposes and never sells it.

Two exceptions apply, because this Content enriches catalogs shared by the whole community:

Dive sites: by creating a site (name, location, description), you grant Divex, free of charge and on a non-exclusive, worldwide basis, for the full term of the rights, the right to reproduce it, modify it to correct or merge duplicates, and display it in the App. The site remains available, no longer linked to you, after your Account is deleted.
Species catalog photos: if you submit a photo and it is accepted, you grant Divex, free of charge and on a non-exclusive, worldwide basis, for the term of copyright, the right to reproduce and display it in the App to illustrate the species, with credit to your name. You may request its removal at any time; we will remove it within 30 days.

Shared dives: when you invite someone to a dive, they must accept the invitation to appear on it. If you delete a dive you created, participants no longer have access to it and their personal notes on that dive are deleted. For a buddy who does not have an account, stick to a first name or a nickname.

9. Reporting, moderation and sanctions

You can report a User from their profile (inappropriate photo, name or bio, harassment, fake profile, spam…) and mute them to stop receiving their notifications.

To report a specific piece of content (dive, photo, comment), or if you do not have an account, write to app.divex@gmail.com. State the exact location of the content, the reasons why you consider it illegal or contrary to the Terms, your name and email address, and a statement confirming that your report is accurate and made in good faith. We will acknowledge receipt and inform you of our decision.

Reports are reviewed by a person, without any automated decision-making tool. Depending on the seriousness and repetition of the facts, we may remove content, restrict its visibility, temporarily suspend an Account or delete it. Except in urgent cases (manifestly illegal content, safety of others), we will notify you and allow you to present your observations.

Each decision is notified to you by email with its reasons: the facts taken into account, the rule of the Terms or the law applied, and the available means of redress. You may challenge it within 6 months by writing to app.divex@gmail.com; your case will then be reviewed again. You remain free to bring the matter before a court. If we become aware of an offense threatening the life or safety of a person, we will inform the authorities.

Point of contact for Users and authorities (Regulation (EU) 2022/2065 on digital services, art. 11 and 12): app.divex@gmail.com, in French or English.

10. Diving safety warning

Divex is a dive logbook. It is not a dive planning tool, a safety instrument or a medical device.

The data displayed (depths, stops, gases, oxygen partial pressures, oxygen exposure, consumption, ascent rate) comes from your own entries or from your dive computer. It is provided for information only and may be incomplete or inaccurate, in particular because of the equipment or the import format.
Never plan a dive or make any decision while diving based solely on Divex. Nothing replaces your training, staying within the limits of your certification level, your dive computer, your tables and the instructions of your dive supervisors.
Trophies, challenges and leaderboards, including depth-related ones, reward recorded activity. They never invite you to go beyond your level, your limits or those of your equipment.
Medical certificate expiry reminders are a memory aid. They are not medical advice: only a doctor can assess your fitness to dive.

11. Premium

Premium features are offered by subscription. Purchases are made through Apple’s App Store or Google Play.

12. Third-party services

Some features rely on third-party services that you choose to use: Garmin Connect, Suunto, the App Store, Google Play, Instagram or your maps app. Their use is subject to their own terms. Divex does not control their availability and may have to adapt or interrupt a connection if a third-party service changes it. You can disconnect a service at any time.

13. Intellectual property

The App, its trademark, code, design and editorial content belong to Divex. We grant you a personal, non-exclusive and non-transferable right to use the App, in accordance with the Terms.

The App includes third-party components and data, used under their respective licenses: map data © OpenStreetMap contributors (ODbL license), photos from iNaturalist (Creative Commons licenses, credited to their author), descriptions from Wikipedia (CC BY-SA license), WoRMS taxonomy and open-source software. The list of open-source software used and their licenses is available on request.

14. Availability and updates

We make our best efforts to keep the App continuously available, without being able to guarantee it: interruptions may occur for maintenance, updates or outages. The App updates automatically; an update may be made mandatory when it is necessary for the security or proper operation of the service. Some features remain usable offline and sync when the connection is restored. We recommend that you export your logbook regularly.

15. Liability

Divex is liable for direct damage caused by a breach of its obligations, under the conditions provided by law. Divex is not liable for Content posted by Users, for decisions made while diving, for the accuracy of data transmitted by your equipment or by a third-party service, or for damage resulting from use contrary to the Terms or from force majeure.

Nothing in the Terms limits Divex’s liability in the event of personal injury, gross negligence or willful misconduct, nor deprives you of the legal guarantee of conformity and the other rights you have under the law as a consumer.

16. Term and termination

The Terms apply for an indefinite period. You may end them at any time by deleting your Account from Settings; remember to cancel any Premium subscription separately in your store.

We may suspend or delete an Account in the event of a serious or repeated breach of the Terms, under the conditions of section 9. If we discontinue the service through no fault of yours, we will notify you at least 30 days in advance, allow you to export your data and refund the unused portion of any ongoing subscription.

17. Changes to the Terms

We may change the Terms to reflect changes in the App, the law or case law. We will inform you of any material change, by appropriate means (in the App or by email), at least 30 days before it takes effect, unless it results from a legal obligation or a security requirement. It will then be shown to you when you open the App and must be accepted to continue using it. If you do not accept it, you may delete your Account and cancel your subscription free of charge before it takes effect. A change to the Terms never changes the price or duration of an ongoing subscription.

18. Governing law and disputes

The Terms are governed by French law. If you are a consumer residing in another country, you retain the protection of the mandatory provisions of the law of your country of residence.

In the event of a dispute, first send a written complaint to app.divex@gmail.com: we will work with you to find an amicable solution. Failing that, you may bring the matter before the competent court under ordinary rules of law.

The Terms are written in French; translations are provided for your convenience. In the event of any discrepancy, the French version prevails.