Terms of Service - CallClimax

1. Acceptance of Terms

By accessing or using CallClimax services, including our website and live-call features, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this service. CallClimax is provided by Alpes Online Events Europe S.L.

2. Eligibility and Age Verification

You must be at least 18 years of age to use CallClimax. By using this service, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. CallClimax is an adult-oriented platform that provides realtime voice calls with AI companions. By creating an account, you confirm that you are legally permitted to access adult content in your jurisdiction.

We do not knowingly collect information from or direct any of our content specifically to anyone under the age of 18. If we learn or have reason to suspect that a user is under the age of 18, we will promptly terminate that account and delete all associated data.

3. Service Description

CallClimax provides realtime, two-way voice calls with AI companions, including:

Companion Creation: Create a personalized companion by choosing a voice, a language, and describing who they are
Live Voice Calls: Realtime voice conversations with your companion, driven by speech recognition and text-to-speech technology
Voice Library: Access to multiple voice options across many languages for your companions
Memory: Your companion remembers what you tell them across calls

All conversations are generated by artificial intelligence in realtime based on the companion you created and what you say. CallClimax reserves the right to modify, suspend, or discontinue any aspect of the service at any time without prior notice.

4. Account Registration and Security

To access CallClimax services, you must authenticate through any of our login methods. You are responsible for maintaining the confidentiality of your account credentials. You agree to:

Provide accurate and complete information during registration
Keep your credentials secure and not share them with unauthorized parties
Immediately notify us at hello@callclimax.com of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

CallClimax reserves the right to refuse service, terminate accounts, or remove content at our sole discretion without notice or liability.

5. Content Policy and Prohibited Uses

CallClimax operates with a commitment to creative freedom while maintaining legal compliance and ethical standards. The following content policies apply to the tags, names, and descriptions you give your companions and to the calls you have with them.

5.1 Prohibited Content (Zero Tolerance)

The following types of content are strictly forbidden and will result in immediate account termination and, where legally required, reporting to law enforcement authorities:

Child Sexual Abuse Material (CSAM): Any content depicting, promoting, or facilitating the sexual exploitation or abuse of minors, including fictional scenarios, age-play involving characters portrayed as minors, or any content suggesting participants are under 18 years of age
Incitement to Violence: Content that encourages, promotes, or incites real-world illegal violent acts or harm against individuals or groups
Hate Speech: Content promoting discrimination, hostility, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
Defamation: Content making false statements damaging to the reputation of real individuals or entities, particularly public figures or celebrities
Zoophilia or Bestiality: Content depicting or promoting sexual activities involving real animals
Illicit Drug Promotion: Content promoting or facilitating the illegal sale, distribution, or use of controlled substances
Terrorism or Extremism: Content promoting or supporting terrorist activities, extremist ideologies, or illegal organizations
Voice Impersonation: Attempting to impersonate or mimic the voice of real, identifiable individuals without their explicit consent

5.2 Permitted Content

The following types of content are explicitly permitted on CallClimax:

Consensual Adult Scenarios: Erotic voice conversations between the user and a fictional adult companion, including various genres such as romance, BDSM, and role-playing
Fictional and Fantastical Companions: Companions with anthropomorphic, mythical, supernatural, or science-fiction characteristics, where consent is implied in the fantasy context
General Erotic Conversation: Intimate, flirtatious, or erotic conversation with a companion that avoids prohibited categories
Humor or Parody: Lighthearted or comedic calls that do not target real individuals or groups maliciously
Edgy or Taboo Themes: Conversations exploring controversial themes such as extreme BDSM, consensual non-consent role-play, or other niche interests, provided all participants are fictional adults and content avoids all prohibited categories

5.3 Conditional Content (Requires Safeguards)

The following content types are permitted only when properly framed as fictional fantasy with appropriate context:

Non-Consensual Fantasies: Content depicting non-consensual scenarios in a purely fictional, hypothetical erotic context, provided that:
- Content is explicitly framed as fantasy role-play with no real-world implications
- All characters are fictional adults with no references to real individuals or events
- Conversation includes clear cues indicating the content is consensual role-play between adults
- Content avoids graphic depictions that could be interpreted as promoting real-world abuse
Power Dynamics and Threats: Content featuring threats, intimidation, or power imbalances in fictional erotic contexts, provided that:
- Content is clearly framed as hypothetical role-play with no intent to depict real harm
- All characters are fictional with no references to real individuals or groups
- Conversation clarifies the consensual nature of the fantasy scenario
- Language cannot be interpreted as inciting real-world violence or harassment

5.4 Additional Prohibited Uses

You may not use CallClimax to:

Violate any applicable local, national, or international law or regulation
Infringe upon the intellectual property rights of others
Transmit any viruses, malware, or other malicious code
Attempt to gain unauthorized access to our systems or other user accounts
Interfere with or disrupt the service or servers connected to the service
Use the service for any commercial purpose without explicit written permission from CallClimax
Scrape, data mine, or use automated systems to access the service beyond normal usage
Resell or redistribute CallClimax services or recorded content without authorization

5.5 Content Moderation

CallClimax automatically screens the tags, names, and descriptions you give your companions before they are saved. A tag that violates these policies is dropped or adjusted automatically. We reserve the right to review any companion or conversation and take appropriate action, including content removal and account termination, for violations of these policies.

6. Payment Terms and Minutes

CallClimax bills by connection time: each minute of a live call consumes one minute of your balance. Minutes can be obtained through a monthly support subscription or a one-off top-up, processed by our payment provider.

6.1 Free Calls

Non-supporters can try the service with a limited number of free calls per device/IP. Free calls are capped at a short duration each and are consumed in real time. Free allowances cannot be carried over or converted into paid minutes.

6.2 Supporter Subscriptions and Top-Ups

Subscriptions and top-ups are billed through our payment provider
Each dollar of monthly support grants a number of minutes per month
Minutes are consumed in real time while you are connected to a call
Unused supporter minutes expire at the end of the billing period

6.3 Refund Policy

Minutes are generally non-refundable. However, we may issue refunds or minute adjustments at our sole discretion in cases of:

Technical failures that prevent a call from working
Service outages or interruptions caused by CallClimax systems
Erroneous billing or minute deductions

Refund requests must be submitted to hello@callclimax.com within 30 days of the incident. Subscription payments are processed by our payment provider and are governed by their terms; subscription changes are handled through the checkout flow.

6.4 Price Changes

CallClimax reserves the right to modify pricing and minute rates at any time. We will provide notice of material pricing changes through email at least 14 days before implementation. Continued use of the service after price changes constitutes acceptance of the new rates.

7. Intellectual Property Rights

7.1 User-Generated Content

You retain ownership of the companions you create and the conversations you have. By using our service, you grant CallClimax a non-exclusive, worldwide, royalty-free license to store, process, and display your content solely for the purpose of providing and improving our services.

7.2 Platform Rights

CallClimax, including all software, algorithms, speech-recognition and text-to-speech technology, voice models, website design, and trademarks, is the exclusive property of CallClimax and is protected by Spanish and international copyright, trademark, and other intellectual property laws.

7.3 Third-Party Intellectual Property

You warrant that your use of CallClimax does not infringe upon the intellectual property rights of any third party. You may not use CallClimax to create content that infringes copyrights, trademarks, or other proprietary rights.

8. Third-Party Services

CallClimax integrates with third-party services to provide authentication and payment processing:

Patreon: Used for user authentication and legacy supporter status. Patreon's privacy policy applies to your Patreon account.
Google: Used for user authentication. Google's privacy policy applies to your Google account.
Cloudflare R2: Used for voice preview storage and content delivery. Your voice previews and call logs are stored on Cloudflare infrastructure.

CallClimax is not responsible for the practices or policies of these third-party services. Service availability and quality may be affected by third-party service performance.

9. Disclaimers and Limitation of Liability

9.1 Service Provided "As Is"

CallClimax is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that:

The service will be uninterrupted, secure, or error-free
Calls will always sound natural or meet your expectations
All errors or defects will be corrected
The service will be compatible with all devices or platforms

9.2 AI-Generated Content Disclaimer

Companion responses are generated by artificial intelligence in realtime and may produce unexpected, unintended, or inappropriate results. CallClimax is not responsible for the specific content generated by our AI systems. Users are responsible for ending or reporting any call they find unacceptable.

9.3 Limitation of Liability

To the maximum extent permitted by applicable law, CallClimax, its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, resulting from:

Your use or inability to use the service
Unauthorized access to or alteration of your content
Third-party conduct or content on the service
Any other matter relating to the service

Our total liability to you for all claims arising from or related to the service shall not exceed the amount you paid to CallClimax in the 12 months preceding the claim, or 100 euros, whichever is greater.

9.4 Legal Compliance

CallClimax is not responsible if your use of the service violates laws in your jurisdiction. You are solely responsible for ensuring your use of CallClimax complies with all applicable local, national, and international laws and regulations.

10. Account Termination and Suspension

10.1 Termination by CallClimax

We reserve the right to suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

Violation of these Terms of Service, particularly prohibited content policies
Fraudulent activity or payment disputes
Abuse of the service
Requests by law enforcement or legal authorities
Extended periods of inactivity

10.2 Immediate Termination for Prohibited Content

Accounts found to be creating prohibited content as defined in Section 5.1 will be terminated immediately without warning. Such terminations may be accompanied by reporting to appropriate law enforcement authorities where legally required or permitted.

10.3 Effect of Termination

Upon termination of your account:

Your access to CallClimax services will be immediately revoked
All unused minutes will be forfeited without refund
Your companions and their memory may be deleted from our servers

10.4 Voluntary Account Deletion

You may request deletion of your account at any time from your account page or by contacting hello@callclimax.com. Account deletion requests will be processed within 30 days, and all associated data will be permanently deleted in accordance with our Privacy Policy.

11. Copyright and DMCA Compliance

CallClimax respects intellectual property rights. If you believe content on our platform infringes your copyright, please contact us at hello@callclimax.com with:

Identification of the copyrighted work claimed to be infringed
Identification of the infringing material and its location on CallClimax
Your contact information
A statement of good faith belief that the use is not authorized
A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
Your physical or electronic signature

We will investigate legitimate copyright claims and may remove content or terminate accounts of repeat infringers.

12. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles. Any disputes arising from or relating to these terms or your use of CallClimax shall be subject to the exclusive jurisdiction of the courts of Spain.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of CallClimax must be filed within one year after such claim or cause of action arose or be forever barred.

13. Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms of Service, you agree to first contact CallClimax at hello@callclimax.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes before pursuing formal legal action.

14. Changes to Terms of Service

CallClimax reserves the right to modify or replace these Terms of Service at any time at our sole discretion. Material changes will be communicated through:

Email notification to the address associated with your account
Notice on the CallClimax website

Changes will become effective 14 days after notification. Your continued use of CallClimax after changes take effect constitutes acceptance of the modified terms. If you do not agree to the new terms, you must stop using the service and may request account deletion.

15. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and CallClimax regarding the use of our service and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter.

17. Waiver

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. CallClimax's failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

18. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at:

Email: hello@callclimax.com

We will respond to inquiries within 72 hours during business days.

19. Legal Disclaimer

The content policies outlined in Section 5 are provided for informational purposes and do not constitute legal advice. Laws regarding adult content, erotic material, and AI-generated content vary widely by jurisdiction and may involve complex regulations. Users are responsible for consulting legal professionals to ensure compliance with local laws and regulations in their jurisdiction.

CallClimax operates in accordance with Spanish law and European Union regulations, including the General Data Protection Regulation (GDPR). Users accessing CallClimax from other jurisdictions do so at their own risk and are responsible for compliance with local laws.