Governing language notice. This English version is provided for the convenience of international users. The French version (terms-fr.html) is the legally binding text. In case of any discrepancy between the two versions, the French version shall prevail.
These Terms of Service (hereinafter the "Terms") govern the use of the mobile application and website Popularoo (hereinafter the "Service"), published by EN HAUT DES MARCHES, a French société à responsabilité limitée (SARL) with share capital as set forth in its articles of association, registered with the Paris Trade and Companies Register (Registre du Commerce et des Sociétés) under number 504 747 932, with registered office at 147 rue Léon-Maurice Nordmann, 75013 Paris, France, represented by its acting manager (hereinafter the "Publisher").
Use of the Service implies full, complete and unreserved acceptance of these Terms by the user (hereinafter the "User"). If the User does not accept all or part of these Terms, the User must refrain from using the Service.
The User acknowledges having read these Terms before any use of the Service. Acceptance of the Terms is materialised by the first effective use of the Service.
For the purposes of these Terms, the following terms shall have the following meanings:
Access to the Service is reserved for natural persons aged at least 16 years. This age corresponds to the European threshold provided by the General Data Protection Regulation (GDPR — Règlement Général sur la Protection des Données) for use of digital services without parental consent.
The User declares having the legal capacity to accept these Terms. In the event of use of the Service by a minor, the liability of the holders of parental authority is engaged.
The Publisher reserves the right to request proof of age in case of doubt, and to suspend or terminate without notice any account not meeting this condition.
Use of the Service does not require the creation of an account in the traditional sense: the User is identified by a device identifier automatically generated upon first launch of the application.
The User may, optionally, enrich their identifier by:
The User undertakes not to use multiple devices or circumvention techniques (changing device identifier, using a VPN, multi-accounts) for the purpose of artificially influencing votes or rankings. Any circumvention identified shall result in the immediate suspension of the accounts concerned and the invalidation of fraudulent votes.
Popularoo is a platform for rating the popularity of public figures, presented in the metaphorical form of a "popularity market". The Service allows Users to:
The Service is provided free of charge, with the exception of paid features described in Article 8 (Boosters). The Publisher reserves the right to modify the features of the Service at any time.
The Service uses metaphorical vocabulary inspired by stock market language ("market", "rise", "fall", "index"). This terminology is strictly editorial and playful and shall not be interpreted as the exercise of a regulated financial market activity. Popularoo is in no case a financial product, is not regulated by the French Financial Markets Authority (Autorité des Marchés Financiers — AMF), and does not provide any investment advice.
The Publisher acts as a content host within the meaning of Article 6.I.2 of French Law no. 2004-575 of 21 June 2004 on confidence in the digital economy (Loi pour la Confiance dans l'Économie Numérique — LCEN) and of Regulation (EU) 2022/2065 of 19 October 2022 on digital services (Digital Services Act, "DSA").
As such:
The Publisher is not the author of content added by Users and does not assume editorial responsibility for it, subject to its obligation to remove content after notification.
Any Public Figure featured on Popularoo, or their duly mandated legal representative, has an absolute right to request the removal of their entry from the Service, without having to provide any reason.
Any removal request must be sent by email to popularoo@popularoo.com, accompanied by a document justifying the identity of the requester and, where applicable, their mandate of representation.
The Publisher undertakes to process any duly formulated removal request within a maximum period of 72 working hours from receipt. For manifestly well-founded requests (a readily identifiable public figure requesting their own removal), removal may be carried out as a precautionary measure upon receipt of the request, pending in-depth examination.
The inclusion of a Public Figure in Popularoo is strictly reserved for public figures within the meaning of French and European case law, that is, persons who have voluntarily exposed their image and their action to the public (artists, athletes, political officials, executives, media personalities). Any inclusion of a private person, a minor, or a person who has expressed opposition to appearing on the Service is strictly prohibited and shall be subject to immediate removal upon report.
The Service offers several tiers of paid Boosters allowing a User to appear in the Outsiders ranking:
Prices in force are displayed in the application, in the User's local currency. Prices may evolve at any time; the applicable price is the one displayed at the moment of purchase confirmation.
Purchases are processed exclusively by the Apple App Store and Google Play Store platforms, in accordance with their respective general terms of sale. The Publisher does not collect or process any User banking data directly.
Boosters are digital products for immediate and personal use, non-transferable, non-cumulative (only one Booster active per User at a time) and non-exchangeable for cash.
In accordance with Article L.221-28 13° of the French Consumer Code (Code de la consommation), the User acknowledges that Boosters constitute the supply of digital content not provided on a tangible medium whose performance begins upon confirmation of the purchase, with the User's express prior consent and the User's express waiver of the right of withdrawal.
Consequently, the 14-day right of withdrawal provided for by the French Consumer Code does not apply to Boosters whose performance has begun.
Any refund request must be addressed:
The Publisher is not in a position to process refunds directly and shall systematically invite the User to contact the relevant payment platform.
All elements composing the Service (the name "Popularoo", logo, graphic identity, source code, architecture, editorial texts, illustrations, animations, proprietary algorithms including the Popularoo Index) are the exclusive property of the Publisher or are subject to a licence to its benefit. They are protected by copyright, trademark law and any other applicable intellectual property right.
Any reproduction, representation, modification, adaptation or exploitation, in whole or in part, for commercial or non-commercial purposes, without the prior written authorisation of the Publisher, is strictly prohibited and constitutes infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).
The images and names of Public Figures featured on the Service are used for information and editorial commentary purposes, within the limits authorised by the right to information and the right of short citation. Any concerned Public Figure may exercise the rights provided in Article 7.
Any User may report to the Publisher:
Reports must be sent by email to popularoo@popularoo.com or via the reporting functions integrated into the Service when available.
In accordance with the DSA, the Publisher processes reports within a reasonable time and may take the following measures: removal of reported content, suspension of the concerned Outsider, invalidation of fraudulent votes, banning of the device identifier, reporting to the competent authorities in the event of a criminally punishable act.
A User whose content has been removed or whose account has been suspended may contest such decision by writing to the same email address.
The processing of personal data within the framework of the Service is governed by the Privacy Policy, which forms an integral part of these Terms.
The User has the rights provided by the General Data Protection Regulation (GDPR): right of access, rectification, erasure, objection, restriction of processing, portability, and definition of post-mortem instructions. These rights may be exercised by email to popularoo@popularoo.com.
The User also has the right to lodge a complaint with the French Data Protection Authority (CNIL — Commission Nationale de l'Informatique et des Libertés, www.cnil.fr).
The Publisher endeavours to ensure the availability, security and reliability of the Service. However, the Publisher cannot be held liable for interruptions due to maintenance operations, force majeure events, network failures, or third-party failures (hosts, payment platforms, API providers).
The Publisher does not guarantee the accuracy of information relating to Public Figures (sourced from third parties such as Wikipedia or User contributions), nor the outcome of Daily Runs, nor the permanent nature of any ranking, which by nature evolves according to votes and User behaviour.
The Publisher shall in no case be liable for indirect, immaterial or unforeseeable damages resulting from the use of the Service. The Publisher's liability, in the event of proven failure, is limited to the total amount actually paid by the User in respect of Boosters during the twelve (12) months preceding the triggering event.
The Publisher reserves the right, at any time and without notice, to suspend or terminate access to the Service for any User in case of breach of these Terms, fraudulent behaviour, well-founded report, or any other legitimate reason.
The User may, at any time, cease using the Service and uninstall the application. The definitive deletion of the User's data may be obtained by email to popularoo@popularoo.com, under the conditions provided in the Privacy Policy.
Termination, whether at the initiative of the User or of the Publisher, does not give rise to any refund of Boosters already acquired or to any compensation.
In accordance with Articles L.611-1 et seq. of the French Consumer Code (Code de la consommation), the consumer User has the possibility, in the event of a dispute with the Publisher that could not be resolved amicably through a prior written claim addressed to popularoo@popularoo.com, to refer the matter free of charge to a consumer mediator.
The Publisher has designated as competent mediator:
MÉDIATION CONSOMMATION DÉVELOPPEMENT
Simplified joint-stock company (SAS) with share capital of €10,000
Saint-Étienne Trade and Companies Register no. 852 787 472
Centre d'Affaires Stéphanois — Immeuble L'Horizon
Esplanade de France — 3, rue J. Constant Milleret
42000 Saint-Étienne — France
EN HAUT DES MARCHES — Popularoo · File MED60521
A claim before the mediator is admissible only if the User has previously addressed a written claim to the Publisher and such claim has not been successful within a reasonable time. Mediation is free of charge for the consumer. The parties remain free to accept or refuse the solution proposed by the mediator, and to refer the matter to the competent court in case of failure of the mediation.
In accordance with Regulation (EU) no. 524/2013, the User may also use the European Online Dispute Resolution platform (ec.europa.eu/consumers/odr) for cross-border disputes.
The Publisher reserves the right to amend these Terms at any time, in particular to reflect changes in the Service, its features, or applicable regulation.
Any substantial amendment shall be brought to the attention of Users by notification in the application and/or by email when an address has been provided, at least fifteen (15) days before its entry into force. Continued use of the Service after the entry into force of the new version shall constitute acceptance thereof.
A User who does not accept a new version of the Terms must cease using the Service.
These Terms are governed by French law, to the exclusion of any other law.
Any dispute relating to their interpretation, performance or validity shall be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal, subject, for Users having the status of consumer residing in the European Union, to the application of mandatory consumer protection rules, which notably allow them to bring proceedings before the courts of their place of residence.
Prior to any judicial action, the parties undertake to attempt to resolve their dispute amicably, where applicable through recourse to the consumer mediation provided in Article 15.
The Service allows Users to express their opinion towards Public Figures and Outsiders according to a differentiated voting system.
Vote limit tracking is performed by device identifier. The Publisher reserves the right to invalidate any vote presenting indications of fraud (multi-devices, automation, circumvention of limits) and to ban the concerned device identifier in accordance with Article 11.
The Popularoo Index is a synthetic, proprietary and confidential popularity indicator, computed in real time by the Service for each Public Figure and each active Outsider. It is expressed as a number between 0 and 100.
The Popularoo Index algorithm combines several factors, including:
The exact coefficients applied to each factor are confidential and are not published. The Publisher reserves the right to adjust them at any time, in particular to combat any attempted manipulation, without prior notice to Users.
The Popularoo Index is an editorial and playful instrument. It does not constitute an objective evaluation of the quality of a Public Figure, nor an opinion poll with statistical value, nor a scientific measurement of notoriety. No personal, professional, contractual or financial decision shall be made on the sole basis of the Popularoo Index.
A Daily Run is a 24 rolling-hour challenge during which an Outsider attempts to surpass the momentum of a Public Figure of their choice over the same period. The victory condition is defined by the Service algorithm; the gap between the Outsider's Popularoo Index and that of the target determines the applicable victory tier:
The number of Daily Runs available depends on the Booster tier acquired:
If the Booster expires during an active Daily Run, the Daily Run continues until its 24-hour term, but the Outsider's visibility in the ranking ceases upon expiry of the Booster.
Strikes are amplification events automatically triggered upon sustained mobilisation of an Outsider's supporters. Three types of Strikes may be triggered:
The number of active Strikes determines the level of amplification, expressed as a visual label (Heating Up, On Fire, Trending, Going Viral, Legend Mode). Each active Strike contributes to the Popularoo Index of the concerned Outsider according to confidential coefficients.
Any User who has acquired a Booster becomes an Outsider for the duration of validity of their Booster.
Outsiders are visible only to Users identified as residing in the same country as the one associated with the Booster acquired. This perimeter is determined from the Outsider's App Store or Google Play account country at the time of purchase, with the possibility for Users to modify their reference country in the Service settings.
The Outsider may, on a strictly optional basis, provide their Instagram, TikTok and X accounts in their profile. These accounts are then publicly displayed on their Outsider page and may be consulted by other Users. The Outsider retains complete control over this information and may delete it at any time from their profile settings.
The Publisher does not verify the truthfulness of the accounts provided and performs no identity verification. Any identity theft shall be subject to immediate removal upon report, in accordance with Article 11.
The Outsider may, at any time, deactivate their public visibility before the expiry of their Booster by writing by email to popularoo@popularoo.com. Such deactivation does not give rise to any refund.
In order to ensure the fluidity, richness and liveliness of the user experience from the launch of the Service and during its scale-up phase, the Publisher may incorporate demonstration elements into the Service, intended to illustrate its operation. Such elements may relate to any aspect of the Service, including the display of profiles, the animation of rankings and the activity indicators visible to Users.
Such demonstration elements have no impact on the actual votes cast by Users or on the purchases made by Outsiders, which are recorded and counted independently. They are progressively replaced by the actual activity of Users as the Service grows.
The Service may display hyperlinks redirecting to third-party websites and services, including:
The Publisher does not control the content, availability, or personal data practices of the third-party websites to which these links redirect. Activating an external link is at the sole initiative of the User, who then leaves the Service environment.
The Publisher disclaims all responsibility for the content, products, services, or practices of third-party websites, including with respect to the processing of personal data carried out by such websites. The User is invited to consult the terms of service and privacy policy of each third-party website visited.
The presence of a link to a third-party website does not in any case constitute an endorsement, partnership, or recommendation by the Publisher, unless explicitly stated otherwise.