Terms of Use

Valid from 04/02/2025

CLIMAX PRODUCTION, a société par actions simplifiée (simplified joint stock company), with capital of 2,000 euros, having its registered office at 25, rue de Ponthieu, Paris (75008), registered under the number RCS de Paris 879 906 584 ("CLIMAX"), publishes the site accessible in particular at the following URL address: climax.how (the "Site").

For further information on editorial responsibility, please refer to the Site's "legal notices" section, accessible here climax.how/legal.

For further information on personal data, please refer to the Site's "privacy policy", which can be accessed here climax.how/privacy.

Article: Definitions

In these General Terms and Conditions of Sale (the "GTCS"), the terms referred to below shall have the following meaning:

"Content": refers to all audiovisual, cinematographic, textual, literary, sound, graphic, typographic and photographic elements, software, databases, applications, animated images, multimedia games, etc. available on the Site, and in particular the audiovisual content offered through the Player ;

"Offer": refers to the commercial offer proposed by CLIMAX on the Site, such as a subscription (annual, monthly, unlimited duration) or VOD;

"Player": refers to the computer tools used to broadcast and play Content on the Site;

"Service" refers to the video-on-demand service operated under the brand name "CLIMAX" (registration number 4642565) making available to the User Content offered in streaming for strictly private use;

"Streaming": refers to the transmission by CLIMAX of Content, without the possibility of downloading, within a buffer memory that enables playback of a video stream to begin as it is received via the Player;

"Territory" refers to the entire world;

"User" means any natural person of legal age who has fulfilled the conditions of access to the Service for the purpose of accessing the Content on the Site.

Article: Purpose of the General Terms and Conditions

The purpose of these GTS is to define the conditions under which CLIMAX will provide the User, who accepts, access to the Contents on the terminals listed in the article "Terms of access to the Contents".

Acceptance of these GTS by the User is evidenced by a checkbox on the Order form. This acceptance must be full and complete. Any conditional acceptance is considered null and void.

Article: Offers and prices

CLIMAX proposes several commercial offers for sale via the Website (the "Offers"):

- either in the form of a single purchase (the "VOD") ;

- as a subscription (the "Subscription").

The essential characteristics of these Offers (in particular their prices, the author, the number of episodes and the total viewing time of the episodes) are indicated on the Site pages containing the description of the Offers on the Site.

It is the User's responsibility to read them before placing an order. The descriptions of the Offers offered for sale online are as accurate as possible. However, they are only binding on CLIMAX to the extent indicated.

The prices mentioned for each Offer on the Site are expressed in the currency chosen by the User from the list of accepted currencies (the "Price").

Prices may be modified at any time by CLIMAX without prior notice. However, such modifications shall have no retroactive effect on current Subscriptions.

Article : Account creation

To place an order on the Site, the User must register by filling in the form provided on the Site to provide the data required to process the order (valid email address and confirmation of age).

In all cases, the User must provide all the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically opens an account in the User's name (the "Account"), enabling him/her to manage his/her purchases.

The User guarantees that all the information he/she provides as part of his/her registration is accurate, up-to-date and sincere, and is not misleading in any way.

He/she undertakes to update this information in his/her Account in the event of any modifications (in particular: change of postal address), so that it always corresponds to the aforementioned criteria.

The User is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account shall constitute proof of his/her identity. The information entered by the User is binding upon validation.

The User undertakes to use his or her Account personally and not to allow any third party to use it in his or her place or on his or her behalf, unless he or she assumes full responsibility for doing so.

Article: Placing an order

To place an order, the User must select the Offer of his/her choice and place it in his/her shopping cart.

The User can access the basket summary at any time until the order has been definitively validated, and can correct any errors in the information entered.

As part of the order process, the User is asked to provide his/her contact details for billing purposes. All fields marked as compulsory must be filled in. Orders that do not include all the required information cannot be validated.

The User guarantees that all information provided in the order form is accurate, up-to-date and sincere, and is not misleading.

The User is hereby informed and accepts that this information constitutes proof of identity and is binding upon the User as soon as it has been validated.

On the Order summary page, the User has the choice of confirming or cancelling the order placed. Once the order has been confirmed, it is deemed to have been accepted and the User no longer has the option of cancelling the transaction corresponding to the Order.

Once the Order has been validated, the User pays the price of the Offer by credit card or by secure direct debit (the "Order").

Article: Pricing and Payment Conditions

The Offer is invoiced to the User on the basis of the price list in force on the date of the Order.

The Price is immediately payable.

The User acknowledges that the provision of his/her credit card details constitutes authorisation to CLIMAX to debit his/her bank account, up to the total Price of the Order.

The Price of the Order may be paid either by the User, or by a third party payer, i.e. any natural or legal person who undertakes to pay, under the conditions defined in the present Conditions, the Price invoiced for this Order.

The User and the third-party payer are jointly and severally liable for payment of the full Price.

As soon as the transaction has been finalized, CLIMAX will immediately send the User, by electronic means, a bank receipt for the Order to the e-mail address indicated by the User. The User may download an invoice by sending a request to the following e-mail address: contact@climax.how.

The User acknowledges and accepts that CLIMAX may keep a copy of the User's bank details initially transmitted with the first Order in order to facilitate the User's subsequent Orders on the Site.

The Price is independent of the costs associated with services subscribed to by the User, where applicable, with a third-party operator such as an Internet access provider.

Article : Special Subscription Provisions

Except in the case of specific promotional operations involving a different subscription duration (monthly or unlimited, e.g. made known to the User prior to any subscription), the duration of the Subscription starts from the date of validation of the Order for a duration of twelve (12) months in the case of an annual Subscription.

The Subscription is renewed by tacit agreement for successive terms of the same period, i.e. twelve (12) months for Annual Subscription and one (1) month for Monthly Subscription, at the rate and according to the composition of the Subscription Offer proposed by CLIMAX in force on the renewal date, unless cancelled under the conditions set out below.

The Monthly Subscription may be terminated at any time, and you will continue to have access to the service until the end of the current month's billing period. The Account will then be automatically closed at the end of the current billing period.

Annual Subscriptions may be terminated by giving one (1) month's notice prior to the end of the current year's billing period. In accordance with the provisions of article L.215-1 of the French Consumer Code reproduced below, CLIMAX will inform the User in advance of the forthcoming renewal:

"The professional service provider shall inform the consumer in writing, by dedicated letter or e-mail, at the earliest three (3) months and at the latest one (1) month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause.

This information, delivered in clear and comprehensible terms, mentions the non-renewal deadline in a visible box.

Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial contract to a fixed-term contract, are in this case reimbursed within thirty (30) days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract.

The provisions of the present article apply without prejudice to those which by law subject certain contracts to special rules concerning consumer information.

As an exception to the first paragraph of the present article, for contracts for the supply of television services within the meaning of article 2 of law no. 86-1067 of September 30, 1986 on freedom of communication, and for contracts for the supply of on-demand audiovisual media services, the consumer may terminate the contract free of charge, at any time after the first renewal, if he or she changes domicile or if his or her tax household changes."

The Subscription with no time limit ("for life") starts as soon as the Order is validated, for an indefinite period.

To cancel your monthly, annual or open-ended subscription, the User must go to his or her "Account" and follow the cancellation instructions. If you cancel your subscription, access to your Account will be :

- immediately suspended for open-ended subscriptions ;

- suspended at the end of the billing period for Annual Subscription or Monthly Subscription.

Article : Special provisions for VOD

Except in the case of specific promotional operations resulting in a different VOD access period (made known to the User prior to any subscription), the VOD access period begins upon validation of the Order for a minimum period of twelve (12) months.

Article: Terms of access to Content

The Offer is considered subscribed as soon as the Order is validated and, in any event, the Contents included in the Offer are accessible no later than twenty-four (24) hours after subscription.

The User may access the Contents offered by CLIMAX on the Site via Internet, Wifi or mobile access. The quality of broadcasting of the Contents depends on several factors, in particular the Offer subscribed to, the compatibility of the equipment used, the technical capacities of the network and the User's Internet speed.

Access to the Contents is possible by visiting the Site via a compatible and up-to-date web browser from the following equipment (not supplied):

- Computers (PC or Mac),

- Smartphones (iOS or Android)

- Tablets (iOS or Android),

The User is responsible for updating his/her hardware and software to ensure an optimal viewing experience. CLIMAX does not guarantee the compatibility of the Content with all devices or operating systems.

In the event of difficulties, the User is invited to consult the following troubleshooting page: climax.how/troubleshoot.

Article: Service interruption

CLIMAX cannot be held responsible in the event of temporary or definitive interruption, not of its own making, of all or part of the mobile wire network and/or the service of the User's Internet access provider.

Similarly, CLIMAX shall not be held liable in the event of the disappearance, loss or deterioration of, and in particular any damage likely to alter, the equipment required to use the Service.

Article: Intellectual property

All content on the Site, including but not limited to graphics, images, texts, videos, animations, sounds, logos, gifs and icons, as well as their formatting, is protected by intellectual property rights, in particular trademark rights, design rights and/or copyright and database rights in France and abroad.

The Services and their contents, the general structure of the Site and Services, the editorial content, images, photographs, sounds, videos or multimedia, the software and databases used and all other content presented on the Site and in the Services are protected by copyright, neighbouring rights and/or the sui generis right of the database producer, and in general by common law civil liability as well as by applicable international conventions.

CLIMAX and/or its partners and/or third parties are the sole holders of the aforementioned intellectual property rights to all content presented on the Site and in the Services.

The User undertakes to respect these rights.

In this respect, and under penalty of civil and/or criminal prosecution, except with the express agreement of CLIMAX, the User undertakes in particular not to :

- reproduce, represent, modify, publish, adapt on any medium whatsoever, by any means whatsoever, all of the elements present on the Site and Services;

- undermine the computer systems used to provide the Services, including any intrusion or attempted intrusion;

- reverse engineer all or part of the Services;

- compile, decompile or disassemble all or part of the Services;

- distribute and/or disseminate copies of all or part of the Services;

- remove or delete any proprietary notices and/or information present on all or part of the Services;

- resell, rent, sublet or otherwise transfer to a third party the Services.

Any use of the information, data and elements of the Site and Services, for any purpose whatsoever other than simple direct consultation of the Site by the User, is strictly forbidden, except with the prior written authorization of CLIMAX.

Under no circumstances may access to Site information and certain data allow the User to consider that he or she may extract, substantially or otherwise, and/or use outside of consultation of the Site, any data whatsoever from the Site or any Site element. Such extractions and/or uses are strictly forbidden.

Any reproduction and/or representation, in whole or in part, on any medium whatsoever, of the distinctive signs or content presented on the Site, including the information and/or data, without the prior written authorization of CLIMAX, its partners or third parties, is prohibited and constitutes, in particular, an infringement of copyright and may, as such, incur the civil and criminal liability of its author.

More generally, any use outside the framework defined in the present GTS would be considered as an act of counterfeiting, which would expose the User to civil or criminal legal proceedings under the legislative and regulatory provisions in force.

Article : Contacts

For any information, complaint or question relating to the operation of the Site or the Service, the User may contact CLIMAX by the following means:

- by email: contact@climax.how ;

- by post: CLIMAX PRODUCTION, 25 rue de Ponthieu, Paris (75008).

Article: Processing of personal data

When using the Services or the Site, you may be required to provide CLIMAX with personal data concerning you in order to use the Site and benefit from the Services (in particular, and without this list being limitative, your e-mail address, your majority, your bank details, your browsing data, your browser, your computer equipment identifiers such as IP address). The processing of this data is necessary for the performance of the Services and/or the Site provided by CLIMAX.

The processing of this data is necessary for the performance of these GTCs and is carried out in accordance with the regulations applicable to the protection of personal data and in particular, the French Data Protection Act of January 6, 1978 as amended and the European Regulation on the protection of personal data of April 14, 2016 (hereinafter "the regulations applicable to the protection of personal data").

This data is intended for CLIMAX staff and its subcontractors ensuring the provision of the Sites and Services and, where applicable, its partners in compliance with the regulations applicable to the protection of personal data. Certain data may also be made available to public bodies, legal auxiliaries and public officers, in order to comply with any law or regulation in force, to which CLIMAX may be required to respond (legal or administrative request).

Your data is used for the purposes of administration and technical and commercial management of the Services or the Site, as well as for audience measurement, quality monitoring, payment, commercial prospecting or for the detection of fraud against CLIMAX's rights and for the management of disputes.

CLIMAX may send you, in compliance with the regulations applicable to the protection of personal data, by e-mail, information enabling you to find out more about CLIMAX's services, as well as commercial proposals.

You authorize CLIMAX to collect usage data on your use of the Services for the purposes of monitoring quality or optimizing your experience and in order to define user typologies so as to recommend Content or products and services adapted to your needs and/or uses. You may object to this use by sending an e-mail to the following address: contact@climax.how.

Your personal data, as well as information relating to your uses, will be electronically archived by CLIMAX for the duration of the present General Terms and Conditions of Sale and for the legal period of retention and prescription.

Your personal data may be transferred to technical service providers outside the European Union, in strict compliance with the protection conditions laid down by the regulations applicable to the protection of personal data.

CLIMAX may, in compliance with the regulations applicable to the protection of personal data, communicate your details to commercial partners, who may send you commercial offers.

In accordance with the applicable regulations, you have the right to access, rectify, delete, oppose, limit or port your personal data at any time. You must make your request by writing to contact@climax.how (by email to CLIMAX PRODUCTION, 25, rue de Ponthieu à Paris (75008) (by post) and providing proof of identity.

You have the option of defining directives relating to the conservation, deletion and communication to third parties of personal data concerning you after your death. You also have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL).

For further information on CLIMAX's processing of personal data, please refer to its "Personal Data" policy, available here: climax.how/privacy.

Article : Cookies

CLIMAX places cookies on the terminals listed in the article "How to access the Contents". These cookies enable you to connect to the Site, to use the Services and in particular the Player, to establish audience measurements and to receive targeted advertising. You can refuse cookies by modifying your browser settings. However, refusing cookies may prevent you from benefiting from all Site or Service functionalities.

For more information on cookies, CLIMAX refers you to its "Personal Data" policy, available here: climax.how/privacy.

Article: Use of the service

The Contents are digital files protected by national and international provisions on copyright and related rights.

The User only benefits from a strictly personal right of use of these files, limited to the conditions of the Offer subscribed to. It is strictly forbidden to monetize, sell or grant all or part of access to the Site, or to the information it contains.

The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into CLIMAX's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breaches of security and authentication measures, (vi) any acts likely to prejudice the financial, commercial or moral rights and interests of CLIMAX or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and, finally, more generally, (viii) any breach of these general terms and conditions or of the laws and regulations in force.

Digital Rights Management (DRM) systems are used to control the use of digital rights, with the aim of offering the User maximum flexibility in the use of recordings, while protecting the holders of rights to the Content. The User undertakes not to circumvent or undermine the digital file protection system required to use the Service, nor to encourage third parties to carry out such acts.

Article: Physical condition of the User

The User acknowledges that he/she is aware that some of the Content activities offered via the Site may require him/her to be in good physical condition. In case of doubt, CLIMAX recommends that the User consult his/her doctor or a health professional to ensure that the activity proposed via the Contents is not contraindicated.

The User accepts responsibility for all consequences and risks that may arise, either directly or indirectly, from failure to comply with the obligation set out in the present article.

CLIMAX may not under any circumstances be held liable for the consequences of inappropriate use of the Contents.

Article: Protection of minors

CLIMAX offers Content reserved for an informed adult audience and likely to harm the physical, mental or moral development of minors. Access to the Content is strictly limited to the User and is subject to the User's prior entry of a password that can be changed by the User. The User is reminded that viewing Content is likely to cause lasting harm to minors, and that any person who allows minors to have access to such Content is liable to criminal sanctions, in particular under article L. 227-24 of the French Penal Code.

Article : Sanctions

CLIMAX reserves the right to close, temporarily or permanently suspend the User's account, without prior warning, without compensation of any kind and at its sole discretion, in the event of :

- insolvency ;

- infringement of the provisions of the French Intellectual Property Code and other French legal provisions;

- breach by the User of any of its obligations under these GCS.

The penalties described above may be imposed without prejudice to any criminal or civil proceedings to which the User may be subject by public authorities, third parties or CLIMAX.

Article: Liability

CLIMAX declines all responsibility in the event of use of the Services that does not comply with these GTC.

CLIMAX shall not be liable for any delay in performance or for any non-performance of its obligations under the T&Cs which are due to force majeure.

Use of the Services is at the User's sole risk and implies full recognition and acceptance by the User of the characteristics and limits of the networks, and more generally of electronic communications services, in particular with regard to technical performance, response times for consulting, querying, transmitting or transferring information, the risks of interruption or malfunction of networks or systems, the risks associated with connection, problems associated with network or computer system congestion, the lack of protection of certain data against possible misappropriation, and the risks of contamination by any viruses circulating on the networks, for which CLIMAX cannot be held responsible.

CLIMAX does not guarantee that the Services will operate without interruption, failure or malfunction, or that there will be no computer or other errors, or that any defects will be corrected, which the User expressly acknowledges.

CLIMAX shall also not be held liable in particular in the event of errors, omissions, imperfections, interruptions, deletions, loss of information or data, transmission delays, failures of the Service, or if the User is unable to access or participate in the Services, to transmit his message, or if the message does not reach CLIMAX or arrives illegible, impossible to process, late, or in the event of malfunction, technical difficulties or others affecting the proper functioning of the Services, and related in particular but not limited to congestion of electronic communications networks, a power cut, the logical or material environment of the Services, a case of force majeure or a fortuitous event, etc..

In the same way, CLIMAX shall not be held liable for any damage, material or immaterial, caused to Users' materials and equipment and to the data stored therein, or for any direct or indirect consequences thereof, in particular on their personal, professional or commercial activity, as well as for any loss of any kind (personal, physical, material, financial or other) arising from the use of the Services, the User being invited to take all necessary precautions concerning his materials and data.

By express agreement, the data in the User's account or linked to the User will constitute the principal mode of proof between the Parties.

Article: Legal warranties

In accordance with the appendix to article D. 211-3 of the French Consumer Code, the User is entitled to the following legal warranties and guarantees against hidden defects for digital content and services:

Article : Right of withdrawal

Due to the nature of the Service, i.e. immaterial services delivered solely by streaming and whose execution began before the end of the 14-day withdrawal period with the User's agreement and after express renunciation of his right of withdrawal, in application of article L. 221-28, 9° and 13° of the French Consumer Code, the User may not exercise his right of withdrawal.

Article : Refund policy

Notwithstanding the article "Waiver of the right of withdrawal", CLIMAX grants the User the possibility of requesting a refund of the Price.

The User is entitled to a full refund of his/her order if all of the following conditions are met:

- Refund request deadline: The refund request must be made by the User within 15 days of the order date.

- Viewing time limit: the total time the User has spent watching and/or listening to content on his/her Account (all profiles combined) is less than 90 minutes. This includes the video and audio consumption of all programs available on the relevant User's Account, regardless of the language in which they are viewed or the profile used by the User to access them;

- The User or third-party payer must not have subscribed to an Offer or made a previous request for reimbursement in the five (5) years preceding the request for reimbursement;

The User can check the total viewing time on the "My progress" tab of his Account.

To obtain a refund, the user is invited to contact us at the following address: contact@climax.how.

If the refund request submitted by the User is accepted by CLIMAX, the User will be refunded the Price according to the same terms and conditions as those used when the Order was placed.

Article: Special conditions for the purchase of an Offer outside the Site

The User, who purchases an Offer off the Site, acknowledges and accepts these Terms and Conditions of Sale on his first connection, which are immediately applicable to him, with the exception of the following articles: "Offers and Prices", "Conditions for placing an Order", "Prices and terms of payment", "Refund policy".

Article: Links to third-party sites

CLIMAX shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any of its partners) to which the User may have access via the Site.

CLIMAX accepts no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.

CLIMAX is also not responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners) to whom the User may be directed via the Site, and will not be a party to any disputes with such third parties concerning the delivery of products and/or services, warranties, representations or other obligations of any kind to which such third parties are bound.

Article: Miscellaneous provisions

CLIMAX's failure to exercise or enforce any right or provision of these GTS shall not constitute a waiver of such right or provision.

CLIMAX reserves the right to modify all or part of these GTS. In all cases, the GTS will be regularly adapted to meet legal and regulatory requirements. These new general terms and conditions of sale will only be applicable to the User once he/she has expressly accepted them by proceeding, for example, with a new Order on the Site or by accepting the general terms and conditions when logging on to his/her User Account.

The User may consult the most recent version of the GCS at any time on this page.

In order to improve the quality of the Services, CLIMAX reserves the right to update and modify the Services and/or the Content, which the User is hereby informed of and accepts. In all cases, the viewing time of the Offer subscribed to by the User may not be reduced.

In the event of any discrepancy between the English and French versions of these GCS, the French version shall prevail.

Article: Applicable law - Amicable resolution

The Site and these GTC are governed by French law.

Before bringing any dispute to court, you agree to inform CLIMAX of any difficulty by e-mail to contact@climax.how and to seek an amicable resolution of the dispute.

If an amicable agreement cannot be reached, and if the User is a consumer of French nationality, he/she has the right to refer the matter free of charge to a consumer mediator with a view to amicably resolving the dispute between him/her and CLIMAX.

CLIMAX will forward the contact details of the aforementioned consumer mediator to the User during the amicable resolution phase.

In all cases, the User is hereby informed that he/she may lodge a complaint and select a dispute resolution body on the following website:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR