Terms of Use

1. Who we are and what these Terms cover

These Terms of Use (the "Terms") govern your use of the NALYVA mobile app for iOS and Android (the "App"), the website at nalyva.com (the "Website"), and the content and features available through them (together, the "Service").

The Service is operated by TERRE M'AIR PROD, a business registered in the Monaco Trade and Industry Register (RCI) under number 15P08582, with its registered office at 14 Rue Honoré Labande, 98000 Monaco ("NALYVA", "we", "us" or "our"). You can write to us at support@nalyva.com or at the postal address above.

Our representative in the European Union and in the United Kingdom is TERRE M'AIR PROD (M. PEROUMAL SYLVAIN), 14 Rue Honoré Labande, 98000 Monaco, support@nalyva.com. You can contact them about any data-protection matter.

By signing in, creating a profile or using the Service, you agree to these Terms. Our Privacy Policy explains how we handle personal data. It is a separate document at nalyva.com/privacy. If you do not agree to these Terms, do not use the Service.

If you are under 18, these Terms apply to you as rules for using NALYVA. You cannot enter into a contract with us. Your parent or legal guardian is responsible for any account, profile or purchase.

The free part of the Service is supplied in exchange for the limited personal data described in the Privacy Policy. NALYVA+ is supplied in exchange for the subscription price. In both cases you have the consumer rights described in sections 8, 14, 17 and 18.

2. Words we use

3. What NALYVA is, and what it is not

NALYVA is a learning app. It helps children and families understand water and its dangers, remember the right reflexes and find the emergency number for the country they are in.

NALYVA never replaces a lifeguard, a swimming teacher or adult supervision. Children must go near water only with an adult watching. Nothing in NALYVA asks a child to enter the water, help someone or test a situation without an adult.

NALYVA is not an emergency service. It does not call, message or alert anyone for you. In an emergency, call the local emergency number first.

Nothing in the Service is medical advice or a medical device. It does not replace practical swimming lessons with a qualified teacher.

A badge, a level, points or an entry in a Water Passport show progress in the App. They are not proof that a person can swim, float or act safely in real conditions. They are not an official certificate.

Water is dangerous and conditions change. Always follow lifeguards and local authorities. Never rely on the Service instead of your own judgement or the supervision of a competent adult.

4. Who can use the Service

4.1 Adults

You must be 18 or over to create an adult account. You create it with your Apple account, your Google account, or an email address and a password of at least 8 characters. We never see your Apple or Google password, and we store an email password only as a hash that nobody can read. You are responsible for keeping your password and your Apple or Google account secure. Tell us at support@nalyva.com if you think someone else has used your NALYVA account.

After you sign in, you choose how you would like to be named, an optional family name and an avatar. You can change them at any time in the App.

4.2 Children

A child can use NALYVA in three ways:

• On the parent's phone, with a child profile the parent created (a name, an age range and an avatar).
• On their own phone, linked to the family. The parent shows a 6-digit code or a QR code on their phone. The code works once and for 10 minutes. The child's phone then uses the child profile the parent created. The parent can unlink the phone at any time.
• With their own account. The child creates an account in the same way as an adult: with Apple, Google, or an email address and a password. They then choose a name, an age range and an avatar. Progress made before signing in moves into their profile.

By creating a child profile, you confirm that you are the child's parent or legal guardian, or that you act with their permission.

Before anyone uses the App, it shows our safety promise: NALYVA teaches and never replaces a lifeguard or teacher, children go near water only with an adult watching, and in an emergency you call the number first. By accepting it, you agree to use NALYVA in that way. When a parent creates a child profile, we record that the safety promise was accepted.

4.3 Countries

The Service is offered in Monaco first, then in France, Italy, Spain, Portugal and the United Kingdom. The App finds your country to show the right emergency number (see section 5). You can change the country in the App. Please check it is right when you travel.

4.4 What you need

The App needs iOS 15.1 or later on iPhone, or Android 7.0 or later. Lessons, games, 30 seconds to save and pictures load from the internet when you open them. NALYVA has no offline mode. Only SOS works without a connection. The App is available in English, French, Spanish, Portuguese, Italian and Arabic.

5. SOS and emergency features

The SOS features are always free and work without an account.

SOS does not call, message or alert anyone by itself. It shows the emergency number for your country. When you tap Call, it opens your phone's own call screen with that number. You press call.

SOS works without an internet connection. The emergency numbers are built into the App. When you are online, the App refreshes them from our server.

We choose the country from your mobile network first, then from your internet connection, then from your phone's time zone and region settings. You can change the country at any time.

We check the emergency numbers with care, but numbers can change and can differ by region or network. For some countries the App shows 112, the European emergency number. If a number does not connect, dial 112 in Europe or the local emergency number.

Where the App shows guidance on what to do while you wait for help, it is general information checked by rescue and medical organisations. It does not replace the instructions of the emergency operator. Always call first.

Where SOS shows your position, it is shown on your screen only, so you can read it out, copy it or share it yourself. The App never sends it to us or to the emergency services. Your position depends on your phone and its settings and can be inaccurate or unavailable.

6. Your licence to use the Service

We give you a personal, limited, non-exclusive and non-transferable licence to install and use the App on devices you own or control, and to use the Website, for your own non-commercial use. We may withdraw this licence only if you seriously break these Terms or if we stop the Service under section 16.

You may not: copy, change, translate, reverse engineer or decompile the App or the Content, except where the law allows it. You may not sell, rent or redistribute any part of the Service, remove any copyright or credit notice, use the Service to build a competing product, or access it by automated means.

For the App downloaded from the App Store, these Terms, including section 13, are the end user licence agreement. They replace Apple's standard Licensed Application End User License Agreement.

7. What is free

These features are free and will stay free:

• SOS, the emergency numbers and all safety information
• Save, with its 10 topics
• 30 seconds to save
• Play, with its 4 games
• the first 5 lessons
• 2 Water World territories (Mediterranean and Pacific) with their missions
• NALYVA Watch
• progress, points, badges, the Water Passport, your family and your account
• the Partners page

We will never put SOS or the safety information behind a subscription, an advertisement or a sign-in.

8. NALYVA+ subscription

8.1 What NALYVA+ includes

NALYVA+ is an optional family subscription that renews automatically. It adds the other 35 lessons (40 in all), the other 18 Water World territories with their missions and badges, Swim with legends (every champion and their messages) and live streams with champions and events. Live streams take place when they are announced; we do not promise a number or a schedule of streams. A live stream opens on the platform that hosts it (for example YouTube), in the in-app browser, and that platform's own terms apply there. Features shown as "coming" are not part of the subscription until they are released. The subscription screen shows what is included before you buy.

8.2 Price and payment

NALYVA+ costs €4.99 a month or €50 a year, or the local price shown by the store before you buy. Prices include taxes unless the store says otherwise. You buy NALYVA+ only through Apple In-App Purchase or Google Play Billing. The store takes the payment from the payment method on your Apple or Google account and sends you a receipt. We never receive or store your card details.

8.3 No free trial

NALYVA+ has no free trial. The first payment is taken when you subscribe.

8.4 Automatic renewal

Your subscription renews automatically at the end of each month or year, at the price then in force, unless you cancel it before the renewal.

• App Store: cancel at least 24 hours before the end of the current period. Your Apple account is charged for the renewal within the 24 hours before the period ends.
• Google Play: cancel any time before the renewal date shown in your Google Play subscriptions.

If a renewal payment fails, NALYVA+ stays open for 3 days while the store tries again. If the payment still fails, the subscription ends and the free features stay. A change from monthly to yearly takes effect at the next renewal. When NALYVA+ ends, paid content locks again. Your progress, points and badges are kept.

8.5 Cancelling and refunds

You cancel NALYVA+ in your Apple account or Google Play subscription settings. The App shows you how. Deleting the App or your NALYVA account does not cancel the subscription. After you cancel, you keep NALYVA+ until the end of the period you paid for.

Refunds are handled by the store under its rules. If you are a consumer in the European Union, you have a 14-day right to withdraw from a purchase of digital content. You may be asked to agree that access starts at once and that you then lose this right. If you live in the United Kingdom, you have the rights given by the Consumer Rights Act 2015 and the subscription rules of the Digital Markets, Competition and Consumers Act 2024 once they apply. You exercise these rights with the store.

8.6 Changes to NALYVA+

We may change the content of NALYVA+ for a valid reason: to add or renew content, to follow the law or a rights holder's rules, for safety, or for technical reasons. We will tell you in the App in good time. If a change reduces what you get, you can end the subscription free of charge within 30 days of our notice, with a refund of the unused period.

A new price applies only at a renewal, after the store has told you and, where its rules require, after you have agreed. If you do not agree, cancel before the renewal.

8.7 Family use

One NALYVA+ subscription covers the whole family: the adult account, every child profile and every linked phone, with no limit on the number of children. It cannot be shared with another family.

8.8 Purchases by children

A child can see the NALYVA+ screen and start a purchase from the phone they use. The purchase is made through the Apple or Google account on that phone. A parent or legal guardian is responsible for purchases made by a child. You can control purchases with the store's family tools, such as Apple's Ask to Buy or Google Play purchase approvals.

9. Points, badges and the Water Passport

Children and adults earn points, streaks and badges by finishing lessons, quizzes, missions and 30 seconds to save. They show learning only. NALYVA never ranks children against each other.

Points, streaks and badges have no money value and cannot be transferred. We can correct them if they were obtained by breaking these Terms or by a technical error.

The Water Passport shows a profile's badges, skills and explored territories. It is not an official certificate.

10. Stories, messages and features not offered

You cannot post content in the App. The Stories in the App are written or edited by our team. They never name a child.

You can write to us through the contact form in the App (Settings, Help and contact) or by email. If you send us your story, we publish it only with your agreement and after we have read and edited it. Please do not name or describe other people without their permission, and never identify a child. You keep the rights in what you send us. You allow us to edit, translate and publish the story in the Service for as long as it stays there. You can ask us to remove it at any time at support@nalyva.com.

NALYVA does not answer emergency messages. In an emergency, call the local number.

This version of NALYVA does not include: inviting other adults to a family, features for schools, clubs and professionals, hazard reports, the safety map, booking of events or live sessions, chat during a live stream, voice search or a community. Some of these appear in the App as "Coming later" screens that you can look at but not use. If we add them, we will update these Terms first.

11. Using NALYVA fairly

You agree not to:

• use the Service for anything unlawful
• use SOS for anything other than a real emergency
• send us messages that are false, abusive or that identify another person without their permission
• try to identify or contact another user
• interfere with the Service, its security or its servers
• use the Service or its Content to train or test an AI model without our written permission

If you seriously break these Terms, we may suspend or end your access. We will tell you why, unless the law prevents it.

12. Intellectual property and third-party services

The Service and its Content, including the NALYVA name, the Y character, the logos, the pictures, the lessons and the software, belong to NALYVA or to the people who licensed them to us. They are protected by law. Apart from the licence in section 6, you get no rights in them. Third-party credits are listed in the App under About NALYVA.

If you think Content infringes your rights, write to support@nalyva.com with enough detail for us to find it.

Sign in with Apple and Google Sign-In are provided by Apple and Google under their own terms. Payments are handled by the stores under their own terms. The App uses the DB-IP database to find the country of an internet connection (credit in About NALYVA). Live streams are hosted by third-party platforms such as YouTube, under their own terms. We are not responsible for these third-party services.

The App asks your permission before it uses notifications or the camera (only to scan a family link code). The App does not use the microphone. Where SOS offers to show your position, it asks for location permission first. You can refuse or withdraw each permission in your phone settings. The App keeps working without them, except the one feature that needs the permission.

13. Terms required by Apple for the App Store

This section applies if you downloaded the App from the Apple App Store.

• Acknowledgement. These Terms are between you and NALYVA only, not Apple. NALYVA, not Apple, is solely responsible for the App and its content.
• Scope of licence. The licence in section 6 is a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App may also be used by other accounts linked to you through Family Sharing.
• Maintenance and support. NALYVA is solely responsible for maintenance and support of the App. Apple has no obligation to provide any maintenance or support.
• Warranty. NALYVA is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• Product claims. NALYVA, not Apple, is responsible for any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• Intellectual property claims. If a third party claims that the App or your use of it infringes their intellectual property rights, NALYVA, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance. You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Developer contact. TERRE M'AIR PROD, 14 Rue Honoré Labande, 98000 Monaco. Email: support@nalyva.com.
• Third-party terms. You must comply with any third-party terms that apply when you use the App, for example your mobile data contract.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

If you downloaded the App from Google Play, Google is not a party to these Terms and is not responsible for the App.

14. Availability, updates and changes

We aim to keep the Service available but cannot promise it will never stop. Features that need the internet say so. We may pause the Service for maintenance and will show a maintenance screen when we can. SOS works without a connection.

Updates. We supply the updates needed to keep the App working as these Terms describe, including security updates, for as long as you can reasonably expect. If you do not install an update we supplied and explained, we are not responsible for a problem caused only by the missing update.

Changes to the Service. We may change lessons, games, territories, missions, champions and other content for a valid reason: safety, the law, technical or security needs, or the end of a content licence. The free safety features in section 7 stay free. Changes cost you nothing. If a change affects your use of the Service in more than a minor way, we will tell you in the App and by email in good time. You can then end your use free of charge within 30 days, with a refund of any unused NALYVA+ period.

Conformity. If you are a consumer, we must supply the Service as described in these Terms and as the law of your country requires. If it does not conform, you have the remedies of that law, such as having it fixed, a price reduction or ending the contract. Our content is prepared with care and reviewed by water-safety advisers. It is educational and cannot cover every situation or place. See sections 3 and 5.

15. Privacy

Our Privacy Policy explains what personal data we collect, why, how long we keep it, who processes it for us and your rights, including the rules for children. You can read it in the App (Settings, About NALYVA, Privacy notice) and at nalyva.com/privacy.

16. Ending your use and deleting your data

You can stop using the Service at any time.

• Delete your account: in the App, go to Account, then Delete account. Confirm who you are (with Apple, Google or your password), then confirm once more. This deletes your adult account and every child profile in your family, with their progress, badges and Water Passports. Linked phones stop working.
• Remove one child: in Family, open the child, then Edit and Remove.
• Unlink a child's phone: in Family, open the child's phone and tap Unlink.
• Export your data: in Account, tap Export my family's data. We email a download link to your account address.
• Without the App: ask at nalyva.com/delete-account.

Deleting your account does not cancel NALYVA+. Cancel it in your App Store or Google Play account first (section 8.5). Deletion is permanent. Data is removed from our servers straight away and from backups within 30 days, except the few records the Privacy Policy says we keep.

We may suspend or end your access with 30 days' notice, or without notice if you seriously break these Terms or the law requires it. If we stop the Service, we will give you at least 60 days' notice, let you export your data and refund any unused NALYVA+ period. Sections 3, 5, 12, 13, 17, 18 and 20 continue to apply after your use ends.

17. Your statutory rights

If you use the Service as a consumer, nothing in these Terms limits your statutory rights. Sections 3 and 5 describe what the Service does and does not do. They do not take away any right the law gives you.

If you use the Service for business purposes, it is provided "as is" and "as available", without warranties of any kind, as far as the law allows.

18. Our liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or for any liability the law does not allow us to exclude or limit.

Consumers. We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We are not responsible for loss caused by not following the instructions of lifeguards, authorities or the App, by relying on the Service instead of supervision, swimming lessons or the emergency services, by third parties outside our control, or by events beyond our reasonable control.

Business use. If you use the Service for business purposes, and subject to the first paragraph, we are not liable for indirect loss, loss of data or loss of profit.

19. Changes to these Terms

We may change these Terms for a valid reason: a change in the law or in a store's rules, a new feature, a security need or a clarification. For important changes, we tell you in the App and by email at least 30 days before they apply, with a summary of what changes. You can stop using the Service free of charge before the change applies. Price and content changes to NALYVA+ follow section 8.6. The version number and effective date at the top show which version applies.

20. Governing law and disputes

These Terms are governed by the law of the Principality of Monaco. If you are a consumer living in the European Union, the United Kingdom or another country whose law gives you mandatory protection, you keep that protection. You can bring a claim in the courts where you live, and we will bring a claim against you only in those courts.

If you have a complaint, please contact us first at support@nalyva.com. We aim to answer within 30 days. If we cannot solve it, you can contact the consumer protection authority of your country or go to court. Subject to the rules above, the courts of Monaco have jurisdiction.

21. General

If a court finds part of these Terms invalid, the rest still applies. If we do not enforce a right at once, we do not give it up. You may not transfer these Terms. We may transfer them to a company that takes over the Service, and we will tell you. These Terms, the Privacy Policy and any extra terms shown in the Service are the whole agreement between you and us about the Service.

These Terms are available in English, French, Italian, Spanish and Portuguese. If you are a consumer, the version in the official language of the country where you live prevails.

Events beyond our control. Neither of us is responsible for a failure caused by events beyond reasonable control, such as network or platform outages, natural events or acts of authorities, as long as we tell each other and resume as soon as possible. This never affects your right to cancel NALYVA+.

22. Accessibility

We design NALYVA to be usable by as many people as possible: large touch targets, strong contrast, text that grows up to 200%, labels for VoiceOver and TalkBack, reduced motion, and extra time in 30 seconds to save when a screen reader is on. Settings, Accessibility shows what works in your version. If something is not accessible to you, write to support@nalyva.com. We will answer within 14 days.

23. Contact and legal notice

TERRE M'AIR PROD, registered in the Monaco Trade and Industry Register (RCI) under number 15P08582, registered office 14 Rue Honoré Labande, 98000 Monaco.

• Email, for legal, support and privacy questions: support@nalyva.com
• EU representative: TERRE M'AIR PROD (M. PEROUMAL SYLVAIN), 14 Rue Honoré Labande, 98000 Monaco, support@nalyva.com
• UK representative: TERRE M'AIR PROD (M. PEROUMAL SYLVAIN), 14 Rue Honoré Labande, 98000 Monaco, support@nalyva.com

Website legal notice. Publisher: TERRE M'AIR PROD, as above. Director of publication: M. PEROUMAL SYLVAIN. Website hosting: DigitalOcean, LLC, 105 Edgeview Drive, Suite 425, Broomfield, CO 80021, United States.

Annex. Country information

The SOS button shows the general emergency number for your country.

If you are a consumer, the version of these Terms in the official language of your country prevails. You keep the mandatory consumer protection of the country where you live.