Last Updated: January 2025
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.
To use our Services, you must:
By creating an account, you represent and warrant that you meet these requirements.
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.
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.
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.
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.
We offer a 30-day money-back guarantee from the date of purchase. To request a refund:
Refunds may be denied if:
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:
You may NOT:
You agree NOT to:
Our courses are created by TAKANA and are intended for educational and informational purposes only.
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.
Our Services may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of these external sites.
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:
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.
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:
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.
We may suspend or terminate your access immediately, without notice, for:
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.
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.
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.
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.
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.
The following may be brought in court:
These Terms, together with our Privacy Policy, constitute the entire agreement between you and TAKANA.
If any provision is found unenforceable, the remaining provisions will remain in full effect.
Our failure to enforce any right or provision does not constitute a waiver of such right or provision.
You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.
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.
For questions about these Terms, please contact us:
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.