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 Fitness! (“Takalogy Fitness!” or “we”) will provide Takalogy Fitness! software and services on the takalogy.com website and through Takalogy Fitness!’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 Fitness! officer, director, employee or agent of Takalogy Fitness! or corporate entity affiliated with Takalogy Fitness!

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 Fitness! for their own diet and exercise goals (sometimes referred to as “Individual Users”) and coaches using Takalogy Fitness! to provide coaching services and advice to others (referred to as “Coaches”).

1) Registration.

If You using the service as a User, You represent and warrant to Takalogy Fitness! 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 Fitness! 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 Fitness! to operate the Service, excluding any User Content (as defined below) is proprietary to us or to third parties. Takalogy Fitness! 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 Fitness!” is a registered trademark; both are marks of Takalogy Fitness! or Takalogy Fitness! Affiliate, and they may not be used in connection with any service or products other than those provided by Takalogy Fitness!, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Takalogy Fitness!. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.

3) License to Use the Service.

Subject to the terms of this Agreement, Takalogy Fitness! authorizes You to use the Service for Your personal, non-commercial purposes. The Service includes certain premium features and services that Takalogy Fitness! 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 Fitness!. 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 that your product reviews (if any) will be used by us in our product introduction or marketing activities.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as mobiles and Internet service provider and airtime charges).

4) Fees and Payment

If You purchase any Premium Services, either on a one-time or subscription basis, You will pay Takalogy Fitness! the applicable fees and any related taxes (other than taxes on Takalogy Fitness!’s income). Takalogy Fitness! may change its fees at any time by publishing written notice on the Service.