Terms and Conditions of Sale

Valid from 04/02/2025

CLIMAX PRODUCTION, a simplified joint stock company with a capital of 2,000 euros, headquartered at 25, rue de Ponthieu, Paris (75008), registered with the RCS Paris under number 879 906 584 ("CLIMAX"), operates the site accessible at the following address in particular: climax.how (the "Site").

For details regarding editorial responsibility, please see the "legal notices" section of the Site, available at climax.how/legal.

For matters relating to personal data, consult the "privacy policy," accessible at climax.how/privacy.

Article: Definitions

In these General Terms and Conditions of Sale (the "GTCS"), the terms listed below have the following meanings:

"Content": all audiovisual, film, text, literary, sound, graphic, typographic and photographic elements, software, databases, applications, animated images, multimedia games and more, available on the Site. This includes all audiovisual materials offered through the Player.

"Offer": refers to the commercial offer presented by CLIMAX™ on the Site, such as subscriptions (annual, monthly, unlimited) or purchase of VOD content.

"Player": the technological tools enabling distribution and viewing of Content on the Site.

"Service": the video-on-demand platform operated under the brand name "CLIMAX™" (registration number 4642565), providing Users with streaming access to Content strictly for private use.

"Streaming": the broadcast by CLIMAX™ of Content without download capability, using buffering that allows playback of a video stream as it arrives on the Player.

"Territory": the entire world.

"User": any legal adult who meets the access requirements for the Service in order to access Content via the Site.

Article: Purpose of the General Terms and Conditions

These General Terms and Conditions are intended to define the framework by which CLIMAX™ grants the User, who accepts them, access to Content via the devices specified in the article "Terms of access to the Contents."

Acceptance of these Terms and Conditions by the User is confirmed by checking a box in the Order process. Such acceptance is required to be total and without exception. Any acceptance with conditions is considered null and void.

Article: Offers and prices

CLIMAX™ provides several types of commercial offers on its website (the "Offers"):

- as a single purchase (the "VOD");

- as a subscription (the "Subscription").

The main features of these Offers—including their price, author, number of episodes and total episode run time—are listed on the specific Offer description pages within the Website.

It is the User's responsibility to consult these details before completing a purchase. The descriptions of the Offers for sale online are as precise as possible, but only legally bind CLIMAX™ to the extent stated.

The price indicated for each Offer on the Website is displayed in the currency chosen by the User from the options available (the "Price").

CLIMAX™ reserves the right to change prices at any time, without prior notification. These updates, however, do not apply retroactively to current Subscriptions.

Article: Account creation

To place an order on the Site, the User must register by filling out the form provided on the Site with the information necessary for processing the order (a valid email address and age confirmation).

In all cases, the User must enter all mandatory fields. Any incomplete registration will not be accepted.

Registration automatically creates an account in the name of the User (the "Account"), allowing them to track and manage their purchases.

The User guarantees that the information provided during registration is accurate, current, and sincere, and does not mislead in any way. The User agrees to update this information in the Account should any changes occur (for example: a new mailing address), so that the information always meets the required criteria.

The User is informed and accepts that the data submitted as part of creating or updating their Account constitutes valid proof of identity. The information provided by the User becomes binding once validated.

The User commits to using their Account personally and not allowing any third party to use it in their place or on their behalf, except if they take full responsibility for this action.

Article: Placing an order

To place an order, the User must select their preferred Offer and add it to their shopping cart.

Users can view their basket summary at any time before final confirmation and correct any errors in the information provided.

During the ordering process, Users are required to enter billing details. All fields marked as mandatory must be completed. Orders with missing required information cannot be processed.

The User guarantees that all information provided in the order form is accurate, current, and truthful, and is not misleading.

The User is informed and accepts that this information serves as proof of identity and is binding upon validation.

On the Order summary page, Users have the choice to confirm or cancel their order. Once confirmed, the order is considered accepted and can no longer be canceled by the User.

After the order is validated, payment for the selected Offer must be made by credit card or secure direct debit (the "Order").

Article: Pricing and Payment Conditions

The Offer is invoiced to the User based on the price list valid on the date of the Order.

The Price is payable immediately.

By providing their credit card details, the User authorizes CLIMAX™ to debit their account for the full amount of the Order.

Payment for the Order can be made either by the User or by a third-party payer, meaning any individual or legal entity committing to pay, under the terms laid out in these Conditions, the Price invoiced for the Order.

Both the User and the third-party payer are jointly responsible for ensuring the full payment of the Price.

Once the transaction is complete, CLIMAX™ will promptly send the User, via email to the address provided, a receipt for the Order. An invoice can be downloaded upon request by contacting: contact@climax.how.

The User understands and agrees that CLIMAX™ may retain a copy of the User’s bank details provided during the initial Order, to make future Orders on the Site more convenient.

The Price does not include costs related to services the User may have with third-party providers, such as their Internet access provider.

Article: Special subscription provisions

Except where stated otherwise for specific promotional offers (such as monthly or unlimited subscriptions, which will be communicated to the User before subscribing), the Subscription term begins on the date your Order is confirmed and lasts twelve (12) months for the annual Subscription.

The Subscription will automatically renew for additional periods of the same duration—that is, twelve (12) months for an Annual Subscription, or one (1) month for a Monthly Subscription—at the current rate and including the features set by CLIMAX™ at the time of renewal, unless cancelled in accordance with the conditions outlined below.

You may cancel your Monthly Subscription at any time. Your access will continue through the end of your current billing month before your Account is automatically closed.

Annual Subscriptions can be cancelled with at least one (1) month's notice before your current annual period ends. In line with article L.215-1 of the French Consumer Code (reproduced below), CLIMAX™ will notify you in advance about upcoming renewals.

The professional service provider must inform the consumer in writing, either by a specific letter or by email, between three (3) months and one (1) month before the end of the period during which renewal can be refused, of the possibility of not renewing the contract that includes a tacit renewal clause.

This information, communicated in clear and straightforward language, must clearly present the non-renewal deadline in an easily visible box.

If this information is not sent to the consumer as required, the consumer is then entitled to terminate the contract at any time after its renewal, and at no additional cost. Any advances paid after the renewal date or, in the case of unlimited contracts, after the date the contract is converted to a fixed term, will be refunded within thirty (30) days of the termination date, after deducting charges for services already delivered up to that date.

The conditions outlined in this article apply without prejudice to provisions that legally require special consumer information for certain types of contracts.

As an exception to the above, for contracts related to television services (as defined in Article 2 of Law no. 86-1067 dated September 30, 1986, on freedom of communication) and for on-demand audiovisual media services, the consumer may terminate the contract free of charge at any time after the first renewal if their home address or tax household changes.

A Subscription with no time limit ("for life") commences as soon as your Order is confirmed and continues indefinitely.

To cancel a monthly, annual, or ongoing subscription, simply log in to your "Account" section and follow the cancellation steps. Once canceled:

- For open-ended subscriptions, your account access will be immediately suspended;

- For Annual or Monthly Subscriptions, access will end once the current billing period is over.

Article: Special provisions for VOD

Unless a specific promotional offer indicates a different access period to VOD (which will always be communicated to the User before subscribing), the standard access period starts once the Order is confirmed and is valid for a minimum of twelve (12) months.

Article: Terms of access to Content

Your subscription to the Offer becomes effective as soon as your Order is validated. In any case, all Contents included in the Offer are available to you within no more than twenty-four (24) hours after you subscribe.

You can access the videos provided by Climax™ on the Site using an Internet, Wifi, or mobile connection. Video quality depends on a range of factors, including the type of Offer you have, the compatibility of your devices, your network’s technical capabilities, and your Internet connection speed.

You can watch Content by visiting the Site on a compatible and up-to-date web browser using the following (not provided) devices:

- Computers (PC or Mac)

- Smartphones (iOS or Android)

- Tablets (iOS or Android)

Ensuring your equipment and software are up to date is your responsibility to achieve the best viewing experience. Climax™ does not guarantee that Content will function on all devices or operating systems.

If you experience difficulties, please refer to our 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 available on the Site—including, but not limited to, graphics, images, texts, videos, animations, audio, logos, gifs, icons, and their arrangement—is protected by intellectual property rights, notably trademark rights, design rights, and/or copyright and database rights, both in France and internationally.

The Services and their content, the general layout of the Site and Services, editorial content, visuals, photographs, audio, videos or multimedia assets, as well as all underlying software and databases and any content offered through the Site and Services, are safeguarded by copyright, related rights, and/or the sui generis rights of database producers, and more broadly by general civil liability and applicable international treaties.

Climax™ and/or its partners or third-party licensors exclusively hold the intellectual property rights relating to all content found on the Site and within the Services.

The User agrees to uphold these rights.

Accordingly, and under risk of civil and/or criminal proceedings, unless expressly authorized by Climax™, the User agrees, among other things, not to:

- Reproduce, display, edit, publish, or adapt any elements found on the Site and Services, by any means or on any platform;

- Compromise the IT systems supporting the Services, such as through intrusion or attempts to intrude;

- Attempt to reverse engineer any part of the Services;

- Compile, decompile, or disassemble, in whole or in part, the Services;

- Share or distribute copies of any part of the Services;

- Remove or alter any proprietary notices or information associated with the Services;

- Resell, rent, sublicense, or otherwise transfer all or part of the Services to third parties.

Any use of information, data or content from the Site and Services, for any purpose other than straightforward consultation by the User, is strictly prohibited unless expressly authorized in writing by CLIMAX™.

Under no circumstances does access to the Site's information and certain data grant the User any right to extract, whether wholly or substantially, or to use outside of browsing the Site, any data or element thereof. Any such extraction or use is forbidden.

Partial or total reproduction or representation, by any means or on any medium, of the Site’s distinctive features or content – including information or data – without the prior written agreement of CLIMAX™, its partners or third parties, is strictly forbidden. Such acts may be considered an infringement of copyright, entailing both civil and criminal liability for their author.

More broadly, any use not covered in these GTS will be considered as counterfeiting and may lead to civil or criminal proceedings according to the laws and regulations in force.

Article: Contacts

For any questions, requests or complaints about how the Site or Services operate, Users can reach out to CLIMAX™ by:

- Email: contact@climax.how

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

Article: Processing of personal data

When you use the Services or browse the Site, you may be asked to provide personal information, such as your email address, proof of age, payment details, browsing data, information about your browser, as well as technical identifiers like your IP address. This information is necessary for CLIMAX™ to deliver and manage the Services and the Site efficiently.

The collection and processing of your personal data are required to fulfill these General Terms and Conditions, and are carried out in strict accordance with applicable data protection laws, including the French Data Protection Act of January 6, 1978 (as amended), and the European General Data Protection Regulation (GDPR) of April 14, 2016 (hereafter collectively referred to as "data protection regulations").

Your data will be handled responsibly by Climax™’s authorized teams, as well as by service providers and subcontractors involved in offering and supporting our Site and Services. When relevant, our partners may also access certain information, strictly within the framework of current data protection regulations. Additionally, some information may be disclosed to public authorities or legal representatives, should Climax™ be required to comply with legal or regulatory obligations (such as legal or administrative requests).

This personal data serves several purposes: it enables the administration, technical operation, and commercial management of the Site or Services. It is also used for audience measurement, service quality monitoring, payment management, commercial communications, fraud detection and prevention, and dispute resolution involving Climax™.

In compliance with data protection regulations, Climax™ may contact you by email to share news about its services or send you commercial offers tailored to your interests.

You authorize CLIMAX to collect usage data on your use of the Services to monitor quality, optimize your experience, and identify user profiles for recommending content or products and services that best match your needs and habits. If you wish to object to this, you may do so by sending an email to: contact@climax.how.

Your personal data, as well as information regarding how you use our services, are electronically archived by CLIMAX throughout the validity of these General Terms and Conditions of Sale and for the legally required retention and statutory limitation periods.

Your personal data may be transferred to technical service providers located outside the European Union, strictly adhering to the protection requirements set forth by applicable personal data regulations.

CLIMAX may, in accordance with applicable regulations on personal data protection, share your details with commercial partners who may send you commercial offers.

You have the right to access, correct, delete, oppose, restrict, or transfer your personal data at any time, as required by law. To exercise these rights, contact us at contact@climax.how, or write to CLIMAX PRODUCTION, 25 rue de Ponthieu, Paris (75008), enclosing proof of identity.

You may also set instructions for the retention, deletion, and disclosure to third parties of your personal data after your death. You have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL).

For full details on how CLIMAX handles your personal data, please refer to our "Personal Data" policy, available here: climax.how/privacy.

Article: Cookies

Climax™ places cookies on the devices specified in the “How to access the Contents” section. These cookies allow you to log in to the Site, access Services such as the Player, analyze traffic and audience, and receive relevant advertising. You may disable cookies through your browser settings. Please note that doing so could limit your access to some or all features of the Site or Services.

For more information about cookies, Climax™ invites you to review its “Personal Data” policy, which can be found here: climax.how/privacy.

Article: Use of the Service

The Contents offered are digital files protected by copyright laws and international agreements.

Your right to use these files is strictly personal and limited to the conditions of your chosen Offer. It is strictly prohibited to monetize, sell, or grant all or part of your access to the Site or any of its information.

Without exception, the following actions are also strictly forbidden: (i) engaging in behavior that could interrupt, suspend, slow down or disrupt the Site; (ii) intruding or attempting to intrude into Climax™ systems; (iii) diverting system resources; (iv) imposing an unreasonable load on system infrastructure; (v) breaching security or authentication measures; (vi) harming the financial, commercial or moral rights and interests of Climax™ or its users; (vii) using the Site for purposes other than those intended; and more generally, (viii) violating these terms or any applicable laws and regulations.

Digital Rights Management (DRM) is employed to balance user flexibility in enjoying content and protection of the rights of content holders. Users agree never to bypass or compromise these digital protections, nor encourage others to do so.