Terms & Conditions of Use
Last update: September 5th, 2024
Overview
These Terms and Conditions of Use(referred to as "T&C") aim to legally frame the conditions of provision of the website, mobile applications, and services by Popsize and to define the conditions of access and use of the website, mobile applications, and services by "the User".
These T&C are accessible on the site under the section "Terms & Conditions".
Any registration or use of the website, mobile applications, and services implies the unconditional acceptance of these T&C by the user. When registering on the mobile applications via the Registration Form, each user expressly accepts these T&C by clicking on "Accept" button.
In case of non-acceptance of the T&C stipulated in this contract, the User must renounce access to the services offered by the site, the mobile applications and services.
Popsize reserves the right to unilaterally modify the content of these T&C at any time.
Article 1 - Legal
Popsize is a French company (“société par actions simplifiée”), with share capital of 1,000 euros, SAS, registered with the Paris Trade and Companies Register under number 983128075, and whose head office is located at 63 rue Jean-Baptiste Pigalle, 75009, Paris.
You can contact us via the form, by clicking here.
The editing and publication management of the website, mobile applications, and Popsize services is provided by Christopher Ly, President of Popsize. You can contact him by email at chris@popsize.ai
The host of the website, and Popsize services is the company Google Cloud Platform, whose head office is located at 8 rue de Londres, 75009 Paris – France.
The host of the mobile apps are Google Play, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, and Apple App Store, Apple Inc. 1 Infinite Loop, Cupertino, CA 95014, United States
Article 2 - Access to the website, mobile apps and services
Website
The website www.popsize.ai provides the User with free access to the following services:
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Presentation of Popsize's offers and services
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Contact Popsize teams via a form
The website is freely accessible from any location to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at their own expense.
Mobile Applications and Services
Popsize's mobile applications and services provide the User with free access to the following services:
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Creation of a personal Popsize account
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Profile settings
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Adding clothes (brand, type of clothing, size, review, color, comment, photo)
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Sharing clothes
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Finding the perfect clothing size
The mobile applications and services are freely accessible from any location to any User residing in France, aged at least 15 years old at the date of their registration, and having Internet access. Any person under the age of 15 at the date of their registration for Popsize's mobile applications and services, and using Popsize's mobile applications and services, undertakes to have the consent of a legal tutor. Any failure to comply with these requirements will result in the immediate deletion of the account(s) and associated data. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at their own expense.
Non-member Users do not have access to reserved services. To access these, they must register by filling out the form. By agreeing to register for the reserved services, the member User agrees to provide sincere and accurate information concerning their identity and contact details, especially their email address.
To access the services, the User must then log in using their username and password, which will be provided to them after registration.
Any registered member User can also request to unsubscribe by visiting the dedicated page in their personal space. This will take effect within a reasonable time.
Any event due to force majeure resulting in a malfunction of the website, mobile applications, and services or servers, and subject to any interruption or modification in case of maintenance, does not engage the responsibility of Popsize. In such cases, the User agrees not to hold the publisher responsible for any interruption or suspension of service, even without prior notice.
The User has the possibility to contact the site by email at the publisher's email address provided in ARTICLE 1.
Article 3 - Data collection
The site ensures that the User's personal information is collected and processed in accordance with privacy laws, specifically in compliance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms.
In accordance with the Data Protection Act of January 6, 1978, the User has the right to access, rectify, delete, and oppose their personal data. The User can exercise this right by emailing privacy@popsize.ai.
Additional information on the confidentiality and security of collected data is available in the "Privacy Policies" section.
Article 4 - Intellectual proprety
The brands, logos, signs, and symbols as well as all the content of the site, mobile applications, and services (texts, images, sound, etc.) are protected by the Intellectual Property Code and more particularly by copyright law.
The User must seek prior authorization from the site, mobile applications, and services for any reproduction, publication, or copying of the various contents. The User agrees to use the content of the site, mobile applications, and services strictly within a private framework; any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of this site by any means whatsoever, without the express authorization of the operator of the site, mobile applications, and services constitutes an infringement punishable by Article L 335-2 and following of the Intellectual Property Code.
It is recalled, in accordance with Article L122-5 of the Intellectual Property Code, that the User who reproduces, copies, or publishes the protected content must cite the author and their source.
Article 5 - Responsability
The sources of the information disseminated on the Popsize site are deemed reliable, but the site does not guarantee that it is free from defects, errors, or omissions.
The information provided is presented for indicative and general purposes without any contractual value.
Despite regular updates, the Popsize site cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained on this site.
The User must ensure to keep their password secret. Any disclosure of the password, in any form, is prohibited. The User assumes the risks associated with the use of their identifier and password. The site disclaims all responsibility.
The Popsize site cannot be held responsible for any viruses that may infect the computer or any computer equipment of the User, following use, access, or downloading from this site.
The responsibility of the site, mobile applications, and services cannot be engaged in the event of force majeure or due to the unpredictable and insurmountable action of a third party.
Article 6 - Hyperlinks & URL
Hypertext links and URL may be present on the site. The User is informed that by clicking on these links, they will leave the Popsize site, mobile applications, and services. Popsize has no control over the web pages to which these links lead and cannot, under any circumstances, be responsible for their content.
Article 7 - Cookies
The User is informed that during their visits to the site, a cookie may automatically install on their browsing software.
Cookies are small files temporarily stored on the User's computer hard drive by their browser and are necessary for the use of the Popsize site, mobile applications, and services. Cookies do not contain personal information and cannot be used to identify someone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, while others remain.
The information contained in cookies is used to improve the Popsize site.
By browsing the site, the User accepts them.
However, the User must give their consent regarding the use of certain cookies. Without acceptance, the User is informed that some functionalities or pages may be denied to them.
The User can deactivate these cookies through the settings within their browsing software.
Article 8 - Applicable Law & Competent Jurisdiction
French law applies to this contract. In the absence of an amicable resolution of a dispute arising between the parties, the French courts will have exclusive jurisdiction to hear it.
For any questions regarding the application of these Terms of Use, you can contact the publisher at the contact details provided in ARTICLE 1.