Terms and Conditions of Use
These Terms and Conditions of Use (the “Agreement”) set out the terms on which Takalogy, Inc., doing business as Takalogy Workout! (“Takalogy Workout!” or “we”) will provide Takalogy Workout! software and services on the takalogy.com website and through Takalogy Workout!’s mobile device applications (collectively, the “Service”) to you, a user of the Service (“You” or “User”), as well as the benefit of this Agreement to any Takalogy Workout! officer, director, employee or agent of Takalogy Workout! or corporate entity affiliated with Takalogy Workout!
By using the Service, You agree to comply with and be bound by this Agreement, which we may change at any time by posting notice on the Service. Users bound by this Agreement include both those using Takalogy Workout! for their own diet and exercise goals (sometimes referred to as “Individual Users”) and coaches using Takalogy Workout! to provide coaching services and advice to others (referred to as “Coaches”). PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If You do not agree to these terms and conditions, please do not use the Service.
If You using the service as a User, You represent and warrant to Takalogy Workout! that: (i) You are of legal age to form a binding contract; (ii) Your registration and Your use of the Service is not prohibited by law. Takalogy Workout! reserves the right to suspend or terminate Your registration, or Your access to this Service, with or without notice to You, in the event that You breach any term of this Agreement.
2) Ownership of the Service and Related Intellectual Property.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by Takalogy Workout! to operate the Service, excluding any User Content (as defined below) is proprietary to us or to third parties. Takalogy Workout! expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited.
The mark “Takalogy” is an unregistered trademark and the mark “Takalogy Workout!” is a registered trademark; both are marks of Takalogy Workout! or Takalogy Workout! Affiliate, and they may not be used in connection with any service or products other than those provided by Takalogy Workout!, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Takalogy Workout!. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
3) Your Registration and User Content.
4) License to Use the Service.
Subject to the terms of this Agreement, Takalogy Workout! authorizes You to use the Service for Your personal, non-commercial purposes. The Service includes certain premium features and services that Takalogy Workout! offers for a fee (“Premium Services”); You are only authorized to use Premium Services if You have paid the applicable fees. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Service. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Service, or any portion of the Service, is strictly prohibited without the prior written permission of Takalogy Workout!. The Service is licensed, not sold, and You obtain no rights in any copy of software related to the Service other than the rights described in this paragraph.
You agree, and represent and warrant, that Your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, You agree that You will comply with all applicable laws, regulations and ordinances relating to the Service or Your use of it, and You will be solely responsible for Your own individual violations of any of any such laws.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
We retain the right to implement any changes to the Service (whether to unpaid or Premium Services) at any time, with or without notice. You acknowledge that a variety of Takalogy Workout! actions may impair or prevent You from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Takalogy Workout! has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to You, any content or services.
5.1 Fees and Payment
If You purchase any Premium Services, either on a one-time or subscription basis, You will pay Takalogy Workout! the applicable fees and any related taxes (other than taxes on Takalogy Workout!’s income). Takalogy Workout! may change its fees at any time by publishing written notice on the Service. You authorize Takalogy Workout! to charge the applicable fees to the payment card that You submit to Takalogy Workout!, and agree that Takalogy Workout! and any Takalogy Workout! Affiliate may store Your payment card information. You will pay all fees and taxes as they become due. Your obligation to pay fees continues through the end of the subscription period during which You cancel Your subscription. If Your payment card issuer or bank does not honor charges You have paid using Your card, You will remain directly liable to Takalogy Workout! for all unpaid amounts. If You fail to pay applicable fees, Takalogy Workout! reserves the right to charge interest at the rate of 1.5% per month, or the maximum amount permitted by law (if lower). You may cancel Your Premium Services here. You also acknowledge that Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
Nonpayment of any fees or other sums due to Takalogy Workout! or any other party related to Your use of the Service will result in Service termination. We may, at our discretion, also appoint an outside debt collection agency to collect amounts owed to us. You agree to reimburse us for all costs that we incur in enforcing our collection of Your unpaid amounts, including debt collection agency fees, reasonable attorneys’ and legal fees and court costs.
All overcharges or billing disputes must be reported within 30 days of the time that the dispute occurred. If You dispute a charge to Your payment card issuer that, in our reasonable judgment, is a valid charge under the provisions of this Agreement, You agree to pay us an additional charge (“Administration Charge”) to investigate the matter. We will refund any such Administration Charge if our investigation finds that Your action in disputing the charge to Your card issuer was justified because the charge was not valid under the provisions of this Agreement.
For the purposes of our lifetime Premium subscription, lifetime constitutes 100 years or until the date Takalogy ceases to commercially offer the Products.
5.2 Automatic Renewal Options
By signing up for certain subscriptions, You agree that Your subscription will be automatically renewed. Unless You cancel Your subscription, You authorize us to charge Your payment method for the renewal term. The period of auto-renewal will be the same as Your initial subscription period unless otherwise disclosed to You at the time of subscription purchase. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify You of a rate change prior to Your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to You for the particular subscription. We will not refund fees that may have accrued to Your account and will not prorate fees for a cancelled subscription. From time to time, we may offer a free trial subscription for a service. If You register for a free trial subscription, we will begin to bill Your account when the free trial subscription expires, unless You cancel Your subscription before that time.
6) Takalogy Workout! Rights
Takalogy Workout! reserves the right (but is not obligated) to do any or all of the following:
(a) record User Content;
(b) Investigate an allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;
(c) remove User Content or User registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
(d) monitor, edit or disclose any User Content or User registration information, and otherwise generally monitor Your use of the Service; or
(e) edit or delete any User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement.
Takalogy Workout! and Takalogy Workout! Affiliates have no liability or responsibility to Users of the Service or any other person or entity for performance or nonperformance of the aforementioned activities.