Terms of Service

Last Updated: January 2025

1. Agreement to Terms

Welcome to TAKANA Learning Platform ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, platform, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

IMPORTANT: These Terms include a binding arbitration clause and class action waiver that affect your legal rights. Please read Section 16 carefully.

2. Eligibility

To use our Services, you must:

  • Be at least 18 years old
  • Have the legal capacity to enter into a binding contract
  • Not be prohibited from using our Services under applicable laws
  • Provide accurate and complete registration information

By creating an account, you represent and warrant that you meet these requirements.

3. Account Registration and Security

3.1 Account Creation

You must create an account to access our courses. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.

3.2 Account Security

  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized access or security breach
  • We reserve the right to suspend or terminate accounts that violate these Terms

3.3 Account Sharing

Your account is personal to you. You may not share, transfer, or allow others to access your account. Each user must maintain their own separate account.

4. Course Access and Purchases

4.1 Course Enrollment

When you purchase a course, you receive a limited, non-exclusive, non-transferable license to access and view the course content for personal, non-commercial use only.

4.2 Pricing and Payments

  • All prices are listed in USD and are subject to change
  • Payments are processed securely through Stripe
  • You agree to provide current and accurate payment information
  • We reserve the right to refuse or cancel orders
  • Payment must be received before you can access course content

4.3 Lifetime Access

Upon successful purchase, you receive lifetime access to the course content, subject to these Terms. "Lifetime" means as long as we continue to offer the platform and the course remains available.

5. Refund Policy

5.1 30-Day Money-Back Guarantee

We offer a 30-day money-back guarantee from the date of purchase. To request a refund:

  • Request must be made within 30 days of purchase
  • Contact us at refunds@takana.app with your order details
  • Refunds will be processed within 5-10 business days
  • Refunds are issued to the original payment method

5.2 Refund Exceptions

Refunds may be denied if:

  • You have completed more than 75% of the course content
  • You have downloaded all course materials
  • You have violated these Terms
  • You have previously received refunds for multiple courses (abuse prevention)

6. Intellectual Property Rights

6.1 Our Content

All course content, materials, and the platform itself are owned by TAKANA or our licensors and are protected by copyright, trademark, and other intellectual property laws. This includes:

  • Video lectures and course materials
  • Text, graphics, logos, and images
  • Software code and platform functionality
  • Course structure and organization

6.2 Restrictions

You may NOT:

  • Copy, reproduce, or distribute course content
  • Share your account credentials or course access with others
  • Download or record course videos (except where explicitly permitted)
  • Use course content for commercial purposes
  • Remove copyright notices or proprietary markings
  • Reverse engineer or decompile any platform software

7. User Conduct and Prohibited Activities

You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Upload viruses, malware, or harmful code
  • Attempt to gain unauthorized access to systems or accounts
  • Interfere with or disrupt the platform's operation
  • Use automated tools to access the Services (bots, scrapers)
  • Harass, abuse, or harm other users
  • Impersonate others or misrepresent your affiliation
  • Engage in fraudulent activities or payment disputes without cause
  • Share or resell course access

8. Course Content and Educational Disclaimer

Our courses are created by TAKANA and are intended for educational and informational purposes only.

  • We strive for accuracy but cannot guarantee all content is error-free or current
  • Course outcomes may vary based on individual effort and circumstances
  • We do not guarantee specific results, certifications, or employment opportunities
  • Courses are not a substitute for professional advice in regulated fields
  • We reserve the right to update, modify, or discontinue courses

9. Third-Party Services

9.1 Stripe Payment Processing

We use Stripe for payment processing. By making a purchase, you agree to Stripe's Services Agreement and terms. We are not responsible for Stripe's actions or services.

9.2 External Links

Our Services may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of these external sites.

10. Disclaimers of Warranties

Important Legal Notice

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" 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 Services will be uninterrupted, secure, or error-free
  • Course content will meet your specific requirements
  • Any errors will be corrected
  • The platform will be available at all times

11. Limitation of Liability

Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAKANA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless TAKANA, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including attorney's fees) arising from:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of applicable laws or regulations

13. Termination

13.1 By You

You may terminate your account at any time by contacting us. Termination does not entitle you to a refund except as provided in our Refund Policy.

13.2 By Us

We may suspend or terminate your access immediately, without notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activities
  • Abuse of refund policies
  • Account sharing or unauthorized access
  • Any conduct that harms other users or the platform

13.3 Effect of Termination

Upon termination, your right to access the Services immediately ceases. We may delete your account and data. Provisions that by their nature should survive termination will survive.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or prominent notice on the platform at least 30 days before they take effect.

Your continued use of the Services after changes become effective constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Services.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

Subject to the arbitration provisions below, you agree to submit to the exclusive jurisdiction of the courts located in [Your Location] for resolution of any disputes.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@takana.app to attempt to resolve the dispute informally for at least 30 days.

16.2 Binding Arbitration

Important Notice

Any disputes not resolved informally will be resolved through binding arbitration on an individual basis. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

16.3 Exceptions

The following may be brought in court:

  • Small claims court actions (under applicable limits)
  • Claims for injunctive or equitable relief
  • Intellectual property disputes

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TAKANA.

17.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in full effect.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.

17.5 Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

18. Contact Information

For questions about these Terms, please contact us:

Legal Department

Email: legal@takana.app

Support: support@takana.app

TAKANA Learning Platform

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

If you do not agree to these Terms, you must not access or use our Services.