Terms of Service

Welcome to 2Coach.

These Terms of Service (”Terms”) constitute a legally binding agreement between you (”User,” “you,” or “your”) and Takum, LLC, a Florida limited liability company with its principal place of business in Miami-Dade County, Florida (”Takum,” “2Coach,” “we,” “our,” or “us”).

These Terms govern your access to and use of the 2Coach platform, including our mobile applications, websites, software, services, features, content, communications, and related technologies (collectively, the “Service”).

By creating an account, accessing, downloading, browsing, or otherwise using any part of the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

These Terms also incorporate by reference our Privacy Policy, Community Guidelines, and any additional policies that expressly state they form part of these Terms.

If you do not agree with these Terms, you must not access or use the Service.

These Terms create a legally binding agreement between you and Takum.

You accept these Terms when you:

• create an account;
• click an “Accept”, “I Agree”, or similar button;
• complete the registration process;
• subscribe to any paid service;
• purchase any product or service through the Marketplace;
• continue using the Service after these Terms have been presented to you; or
• otherwise access or use any functionality of the Service.

Your electronic acceptance has the same legal force and effect as a handwritten signature to the fullest extent permitted under applicable law. If you access or use the Service on behalf of a company, organization, sports club, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. In such case, references to “you” include both the individual accepting these Terms and the legal entity represented.

The Service is intended exclusively for individuals who are eighteen (18) years of age or older.

By creating an account or using the Service, you represent and warrant that:

• you are at least eighteen (18) years old;
• you have the legal capacity to enter into a binding agreement;
• all information you provide is accurate, complete, and kept up to date;
• you will comply with these Terms and all applicable laws and regulations;
• you are not prohibited from using the Service under the laws of your jurisdiction; and
• your use of the Service will not infringe the rights of any third party.

Takum does not knowingly permit individuals under the age of eighteen (18) to use the Service.

If we reasonably determine that an account has been created or is being used in violation of these eligibility requirements, we may suspend, restrict, or terminate that account without prior notice.

We may modify these Terms from time to time to reflect:

• improvements or changes to the Service;
• new products or features;
• legal or regulatory requirements;
• security or operational needs;
• changes to our business practices; or
• any other legitimate business reason.

If we make changes that materially affect your rights or obligations, we will provide reasonable notice through one or more of the following methods:

• an in-app notification;
• email;
• publication within the Service; or
• another electronic communication that we reasonably determine to be appropriate.

The updated Terms will specify their effective date.

For material changes, we may require you to expressly accept the revised Terms before you may continue using certain features or the Service.

If you do not agree to the updated Terms, you must discontinue your use of the Service and, if applicable, cancel your account.

By using the Service, you consent to receive notices, disclosures, agreements, policies, updates, and other communications from Takum electronically.

These communications may be delivered through the Service, by email, push notification, or by any other electronic method we reasonably determine to be appropriate.

You agree that electronic communications satisfy any legal requirement that such communications be in writing.

These Terms constitute the primary agreement governing your use of the Service.

The following documents are incorporated by reference and form part of this agreement, in the following order of precedence:

1. 1.These Terms of Service;
2. 2.Privacy Policy;
3. 3.Community Guidelines;
4. 4.Any additional policies or supplemental terms expressly incorporated by reference.

In the event of any conflict between these documents, the document appearing first in the above order shall prevail, unless expressly stated otherwise.

2Coach is a technology platform designed to help coaches and athletes manage, organize, and improve the training experience through digital tools.

The Service provides technology that enables users to create, manage, access, and share training-related information and facilitates communication and collaboration between coaches and athletes.

Depending on a user’s role and permissions, the Service may include features such as:

• creating and managing training programs;
• building and assigning workout routines;
• tracking training progress and performance;
• recording body measurements and progress photographs;
• completing scheduled check-ins;
• managing coach-athlete relationships;
• discovering coaches and training services;
• purchasing training plans or subscriptions through the Marketplace, where available;
• receiving notifications and other communications related to the Service; and
• participating in community features made available by the platform.

The availability of specific features may depend on the user’s role, account status, subscription status, coach relationship, geographic location, or other eligibility requirements established by the Service.

2Coach distinguishes between three independent concepts:

Coach Relationship

A Coach Relationship exists when an athlete is connected with a coach through the Service.

This relationship allows the coach to manage training activities permitted by the platform, such as assigning programs, monitoring progress, reviewing check-ins, and communicating with the athlete.

A Coach Relationship may exist regardless of whether any commercial transaction has taken place through 2Coach. Training Access

Training Access refers to an athlete’s authorization to participate in training activities made available through the Service.

Training Access may be granted through different business models supported by the platform, including direct assignment by a coach or access obtained through the Marketplace.

The existence of Training Access does not necessarily imply that a commercial subscription exists.

Commercial Subscription

A Commercial Subscription refers exclusively to a paid commercial relationship processed through the Service or one of its supported payment providers.

Commercial Subscriptions determine billing and payment rights and obligations but do not, by themselves, define whether an athlete has access to training.

Coaches using 2Coach act as independent professionals.

Takum does not employ, supervise, certify, license, endorse, or control coaches who use the Service.

Each coach is solely responsible for:

• the training programs they create;
• the recommendations they provide;
• the services they offer;
• the prices they establish;
• the content they publish; and
• their interactions with athletes.

Any agreement between a coach and an athlete remains solely between those parties unless expressly stated otherwise by the Service.

2Coach is a technology platform.

It is not:

• a healthcare provider;
• a medical practice;
• a hospital or clinic;
• a licensed healthcare professional;
• a gym or fitness center;
• an employer of coaches;
• a personal trainer; or
• a sports performance institution.

Nothing available through the Service should be interpreted as medical advice, diagnosis, treatment, rehabilitation, or any other professional healthcare service.

Users remain solely responsible for obtaining appropriate medical advice before beginning or modifying any exercise, nutrition, or wellness program.

Additional health-related terms and disclaimers are provided in the Health Disclaimer section of these Terms.

Training results vary significantly among individuals.

Takum does not guarantee:

• athletic performance;
• physical improvements;
• weight loss;
• muscle gain;
• rehabilitation outcomes;
• achievement of personal goals;
• coaching quality; or
• any specific result arising from the use of the Service.

The effectiveness of any training program depends on numerous factors beyond the control of Takum, including individual health conditions, consistency, nutrition, recovery, effort, and the professional judgment of the coach.

Takum provides and operates the technology that enables the Service.

Except where expressly stated, Takum does not become a party to the professional relationship between coaches and athletes, does not supervise the execution of training programs, and does not assume responsibility for services independently offered by coaches through or outside the platform.

Where the Service facilitates payments, subscriptions, or purchases, Takum acts solely as the operator of the technology platform and does not assume responsibility for obligations that belong exclusively to coaches, athletes, or third-party payment providers.

To use the Service, you must be at least eighteen (18) years of age and legally capable of entering into a binding agreement under the laws applicable to you.

By creating an account or using the Service, you represent and warrant that:

• you meet the minimum age requirement;
• you have the legal authority to accept these Terms;
• the information you provide is truthful and accurate; and
• your use of the Service complies with all applicable laws and regulations.

The Service is intended exclusively for adults. Takum does not knowingly permit the creation or use of accounts by individuals under the age of eighteen (18).

If Takum reasonably determines that an account does not satisfy these eligibility requirements, we may suspend or terminate the account in accordance with these Terms.

To access certain features of the Service, you must create an account. Depending on the features available at the time of registration, you may create an account using:

• an email address and password;
• a supported third-party authentication provider, such as Google or Apple; or
• any additional authentication methods that Takum may introduce in the future.

You agree to provide complete, accurate, and current information during registration and to keep your account information updated whenever it changes.

You may not create an account using false identities or information that intentionally misrepresents your identity.

Takum reserves the right to refuse, restrict, suspend, or terminate registrations that violate these Terms or applicable law.

You are responsible for ensuring that the information associated with your account remains accurate and up to date.

This includes, where applicable:

• your name;
• email address;
• profile information;
• payment information managed through supported payment providers;
• any other information necessary for the proper operation of the Service.

Providing inaccurate or misleading information may limit your ability to use certain features of the Service and may result in the suspension or termination of your account.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to:

• keep your credentials secure;
• not share your account with others;
• notify Takum promptly if you believe your account has been accessed without authorization; and
• take reasonable steps to prevent unauthorized access.

You remain responsible for activities performed through your account until you notify us of unauthorized use and we have had a reasonable opportunity to respond.

Takum implements reasonable administrative, technical, and organizational measures designed to protect user accounts and the security of the Service.

However, no authentication or security system can guarantee absolute protection against unauthorized access.

You are responsible for protecting the devices you use to access the Service and for maintaining appropriate security practices, including safeguarding your authentication credentials.

Takum may temporarily suspend or restrict access to an account if we reasonably believe that doing so is necessary to:

• protect the security or integrity of the Service;
• investigate suspected fraud or unauthorized activity;
• prevent abuse of the platform;
• comply with applicable law or legal process;
• enforce these Terms or other applicable policies; or
• protect the rights, safety, or legitimate interests of Takum, other users, or third parties.

Where reasonably practicable, Takum may notify the affected user before or promptly after a suspension. However, prior notice may not be provided where doing so could compromise an investigation, violate applicable law, or create a security risk.

You may terminate your account at any time using the account deletion functionality provided within the Service, where available.

Termination of your account does not automatically cancel any active commercial subscription. Subscription cancellation is governed by the applicable subscription and payment terms described elsewhere in these Terms.

Certain information may be retained after account termination where required by law, necessary to resolve disputes, enforce agreements, prevent fraud, comply with tax or accounting obligations, or protect the legitimate interests of Takum.

Information retained following account termination will continue to be processed in accordance with our Privacy Policy.

Takum may suspend or permanently terminate an account if we reasonably determine that the user has:

• violated these Terms;
• violated the Community Guidelines;
• engaged in fraudulent, deceptive, or unlawful conduct;
• compromised the security or integrity of the Service;
• infringed the rights of other users or third parties; or
• otherwise used the Service in a manner that creates material legal, operational, or security risks.

Where appropriate and consistent with the nature of the violation, Takum may suspend access before permanently terminating an account.

Termination under this section does not limit any other rights or remedies available to Takum under applicable law.

Upon termination of an account:

• your right to access the Service ends;
• access to features requiring authentication will be disabled;
• active coach-athlete relationships may no longer be manageable through your account;
• access to paid services may end in accordance with the applicable subscription terms; and
• data retention and deletion will be governed by these Terms and the Privacy Policy.

Termination of an account does not affect obligations that, by their nature, are intended to survive termination, including payment obligations already incurred, intellectual property provisions, limitation of liability, indemnification, dispute resolution, and any other provisions that reasonably should survive the end of the contractual relationship.

2Coach is designed to support different types of users, each with specific permissions, responsibilities, and access to features within the Service.

Your available features depend on the role associated with your account and, where applicable, your relationship with other users, your account status, and any applicable commercial subscription.

The primary roles currently supported by the Service are:

• Athlete
• Coach

Takum may introduce additional roles or permissions in the future. Any such changes will be governed by these Terms unless otherwise expressly stated.

An Athlete is a user who utilizes the Service to manage, monitor, and improve their training experience.

Depending on the features available and the Athlete’s relationship with a coach, an Athlete may:

• train independently using the tools provided by the Service;
• establish or maintain a training relationship with one or more coaches, as permitted by the Service;
• access training programs assigned by a coach;
• purchase training plans or services through the Marketplace when available;
• perform workouts assigned through the platform;
• record body measurements, progress photographs, workout history, and other training-related information;
• complete scheduled check-ins;
• receive notifications related to their training activity;
• publish content and interact with community features made available by the Service; and
• manage their personal profile and account settings.

The availability of specific features may vary depending on the Athlete’s account configuration, Coach Relationship, Training Access, Commercial Subscription, or other eligibility requirements established by the Service.

A Coach is a user who utilizes the Service to organize, manage, and deliver training services to athletes.

Depending on the features available, a Coach may:

• create and manage training programs;
• create and maintain workout routines;
• assign programs and workouts to athletes;
• monitor athlete progress;
• review check-ins and training activity;
• manage coach-athlete relationships through the Service;
• publish training plans through the Marketplace where available;
• offer commercial services through the platform;
• receive payments processed through supported payment providers, when applicable;
• communicate with athletes using features provided by the Service; and
• manage their public profile and business information.

Coaches are solely responsible for the training content, recommendations, pricing, services, and commercial decisions they make available through the Service.

A Coach Relationship exists when an athlete is connected with a coach through the mechanisms provided by the Service.

The existence of a Coach Relationship allows the platform to enable collaboration features such as:

• assigning training programs;
• monitoring progress;
• reviewing check-ins;
• exchanging information related to training; and
• other coach-athlete interactions supported by the Service.

A Coach Relationship may exist regardless of whether a Commercial Subscription exists.

Training Access represents an Athlete’s authorization to participate in training activities made available through the Service.

Training Access may be granted through different business models supported by the platform, including direct assignment by a coach or access obtained through the Marketplace.

Training Access determines what training content an Athlete may use within the Service.

Training Access does not, by itself, establish a Commercial Subscription.

A Commercial Subscription represents a billing relationship created through the Marketplace or another supported commercial mechanism.

Commercial Subscriptions govern matters such as:

• subscription billing;
• payment processing;
• renewals;
• cancellations;
• commercial entitlements associated with purchased services.

The existence of a Commercial Subscription does not automatically create a Coach Relationship.

Likewise, a Coach Relationship does not require the existence of a Commercial Subscription.

Where supported by the Service, users may activate or use more than one role under the same account.

The availability of each role and the permissions associated with it are determined by the Service and may depend on eligibility requirements, account status, or other operational conditions.

Changing or activating an additional role does not automatically modify existing Coach Relationships, Training Access, Commercial Subscriptions, or historical training information unless explicitly indicated by the Service.

Regardless of role, every user agrees to:

• comply with these Terms;
• comply with the Community Guidelines;
• respect the rights of other users;
• use the Service responsibly and lawfully;
• provide accurate information;
• refrain from using the Service for fraudulent, abusive, or unlawful purposes.

Coaches and Athletes remain independently responsible for the decisions they make, the content they create, and the interactions they maintain through the Service.

Takum provides the technology platform but does not supervise, direct, or control the professional decisions made by users within their respective roles.

2Coach enables athletes and coaches to establish and manage training relationships through the Service. Any Coach Relationship established through the Service is a direct relationship between the Athlete and the Coach.

Coaches operate independently and are not employees, agents, representatives, partners, or contractors of Takum.

Nothing in these Terms creates an employment, agency, partnership, joint venture, or fiduciary relationship between Takum and any Coach or Athlete.

Athletes decide whether to train independently or establish a Coach Relationship through the Service.

Except where expressly provided by the functionality of the Service, athletes are free to decide:

• whether to establish a Coach Relationship;
• which coach to train with;
• whether to continue or end an existing Coach Relationship; and
• whether to purchase commercial services offered through the Marketplace.

The availability of certain training features may depend on the existence of a Coach Relationship or other eligibility requirements supported by the Service.

Each Coach independently determines the professional services they choose to provide through the Service.

This includes, where applicable:

• training methodologies;
• exercise selection;
• program design;
• workout structure;
• coaching recommendations;
• pricing;
• commercial offerings;
• communication with athletes; and
• any other professional decisions related to their coaching services.

Takum does not direct, supervise, approve, or control these professional decisions.

Each Coach is solely responsible for:

• the training programs they create;
• workout routines they design;
• recommendations they provide;
• guidance communicated to athletes;
• decisions regarding athlete progression;
• commercial services they offer; and
• compliance with any professional obligations applicable to their activities.

Athletes are solely responsible for determining whether a Coach, training program, or recommendation is appropriate for their personal circumstances.

2Coach provides technology that enables communication, collaboration, and training management.

Unless expressly stated otherwise, Takum does not:

• evaluate the professional qualifications of Coaches;
• certify Coaches;
• endorse any Coach;
• recommend one Coach over another;
• supervise training sessions;
• review the technical accuracy of training programs;
• monitor the quality of coaching services; or
• guarantee the suitability of any Coach for any Athlete.

Information displayed within coach profiles is provided by the Coach or generated through their use of the Service unless expressly identified otherwise.

A Coach Relationship established through the Service is intended exclusively for sports, fitness, and training purposes.

Unless expressly stated by the Coach outside the scope of the Service and in accordance with applicable law, a Coach Relationship does not create:

• a physician-patient relationship;
• a healthcare provider-patient relationship;
• a therapeutic relationship;
• a rehabilitation program supervised by Takum; or
• any other regulated healthcare relationship.

Nothing within the Service should be interpreted as replacing professional medical advice, diagnosis, or treatment.

A Coach Relationship is independent from any Commercial Subscription.

An Athlete may receive Training Access through a Coach without purchasing a subscription through the Marketplace.

Likewise, purchasing a Commercial Subscription does not modify the independent professional nature of the relationship between the Coach and the Athlete.

Takum’s role in processing payments, where applicable, does not make Takum a party to the professional services agreement between Coaches and Athletes.

Takum is not a party to agreements, commitments, or arrangements made directly between Coaches and Athletes except as expressly provided by the functionality of the Service.

While Takum may investigate reports involving misuse of the Service or violations of these Terms or the Community Guidelines, Takum is not responsible for resolving professional disagreements, training decisions, scheduling conflicts, or other disputes arising from the relationship between a Coach and an Athlete. Nothing in this section limits Takum’s ability to suspend, restrict, or terminate accounts when necessary to protect the Service, comply with applicable law, or enforce these Terms.

Coaches and Athletes remain solely responsible for the decisions they make while using the Service.

Takum provides the technological infrastructure that supports the Coach Relationship but does not participate in the professional judgment, training decisions, or execution of athletic activities.

Each user assumes responsibility for their own actions, decisions, and interactions conducted through the Service.

2Coach provides technology that enables Coaches to create, organize, deliver, and manage training services through the Service.

Training services may include, where supported by the Service:

• training programs;
• workout routines;
• exercise libraries;
• scheduled training plans;
• progress tracking;
• check-ins;
• performance monitoring; and
• other training-related tools and features.

The specific training services available to an Athlete depend on the Coach Relationship, Training Access, and the features supported by the Service.

Training programs, workout routines, and other training content created by a Coach remain the intellectual property of that Coach unless otherwise expressly agreed in writing.

Nothing in these Terms transfers ownership of a Coach’s training content to Takum or to any Athlete.

By uploading or creating training content through the Service, the Coach grants Takum a limited, non-exclusive, worldwide, royalty-free license to host, process, store, display, transmit, and otherwise make such content available solely as necessary to operate, maintain, improve, secure, and provide the Service.

This license terminates when the content is permanently removed from the Service, except to the extent retention is required by applicable law, backup procedures, or legitimate operational needs.

Training Access determines whether an Athlete is authorized to access specific training content within the Service.

Training Access may be granted through different mechanisms supported by the platform, including:

• direct assignment by a Coach;
• access obtained through the Marketplace;
• other access methods that may be introduced by the Service in the future.

The method through which Training Access is granted does not change the nature of the Coach Relationship.

A Coach may assign training programs, workout routines, and other supported training activities to Athletes connected through a Coach Relationship.

The Coach determines, in their sole professional judgment:

• which training content is assigned;
• when assignments begin;
• when assignments end;
• whether assignments are modified or replaced; and
• how the Athlete progresses through the training process.

Takum does not review, approve, or supervise these professional decisions.

Certain training services may require payment before Training Access is granted.

Where applicable, access may be obtained through:

• subscriptions;
• one-time purchases;
• commercial plans published through the Marketplace; or
• other commercial models supported by the Service.

Commercial payment requirements are determined by the applicable offering and do not apply universally to all training services.

Training Access does not necessarily require a Commercial Subscription.

An Athlete may receive Training Access directly from a Coach without purchasing a subscription or making any payment through the Marketplace.

Likewise, a Commercial Subscription does not guarantee continued Training Access if the underlying Coach Relationship or applicable training assignment ends in accordance with these Terms and the functionality of the Service.

Training content made available through the Service may change over time.

A Coach may, consistent with the functionality provided by the Service:

• update training programs;
• assign different workouts;
• discontinue existing programs;
• create new training content; or
• otherwise manage the training experience provided to Athletes.

The availability of specific training content is not guaranteed indefinitely.

Athletes are responsible for determining whether they choose to participate in any training activity made available through the Service.

Athletes remain responsible for following instructions safely, exercising appropriate judgment, and consulting qualified healthcare professionals when necessary before participating in physical activity.

Nothing within the Service obligates an Athlete to perform any specific exercise or training program.

Takum provides the technological infrastructure that enables Coaches and Athletes to manage training services digitally.

Takum does not:

• create training programs for users;
• determine the content of training services;
• supervise the execution of workouts;
• evaluate the suitability of any training program;
• guarantee the effectiveness of any training methodology; or
• assume responsibility for professional decisions made by Coaches.

The professional responsibility for training services remains solely with the Coach who provides them, while the Athlete remains responsible for deciding whether and how to participate in those services.

The Marketplace is a feature of the Service that enables Coaches to make training services available to Athletes through commercial offerings published on the platform.

The Marketplace provides the technology necessary to:

• publish commercial training offerings;
• discover available training services;
• purchase eligible offerings;
• manage subscriptions where applicable;
• process payments through supported payment providers; and
• facilitate access to purchased training services.

The Marketplace is operated by Takum solely as a technology platform and does not make Takum a provider of the underlying training services.

Subject to the features available within the Service, Coaches may publish commercial offerings through the Marketplace.

A Coach determines, at their sole discretion:

• which offerings to publish;
• the content of each offering;
• the pricing;
• the billing model;
• the duration of access;
• the services included; and
• any other commercial terms made available through the Service.

Coaches remain solely responsible for the accuracy of the information they publish and for the services they provide.

Athletes may purchase eligible Marketplace offerings using the payment methods supported by the Service.

Before completing a purchase, the Athlete is responsible for reviewing the information presented for the selected offering, including, where applicable:

• the name of the offering;
• the billing model;
• the price;
• the renewal terms;
• the cancellation terms;
• the services included; and
• any other information displayed as part of the purchase process.

Completion of a purchase creates a Commercial Subscription or other commercial entitlement only for the selected offering.

Purchasing a Marketplace offering may grant Training Access in accordance with the specific offering purchased.

However, Training Access and Commercial Subscription remain independent concepts.

An Athlete may receive Training Access without purchasing through the Marketplace when access is granted directly by a Coach through the functionality of the Service.

Likewise, purchasing a Marketplace offering does not alter the independent professional relationship between the Coach and the Athlete.

Certain Marketplace offerings may renew automatically until cancelled.

Where automatic renewal applies, the applicable renewal terms will be clearly presented before the purchase is completed.

An Athlete may cancel an eligible subscription at any time through the functionality provided by the Service.

Unless otherwise required by applicable law:

• cancellation prevents future renewals;
• cancellation does not affect charges already incurred; and
• access to purchased services continues until the end of the current paid billing period, unless otherwise specified.

Payments made through the Marketplace are processed using third-party payment providers supported by the Service.

Takum does not store complete payment card information on its own systems.

Payment processing is subject to the terms, conditions, and privacy practices of the applicable payment provider.

The availability of payment methods may vary depending on the user’s location, the offering being purchased, and the payment providers supported by the Service.

The Service may use one or more third-party payment providers to process commercial transactions.

These providers may include, among others:

• Stripe;
• Wompi; and
• other payment providers supported by the Service in the future.

By completing a purchase, you acknowledge that payment processing may be performed by these third parties and that additional terms may apply to the payment transaction.

Where applicable, Takum may retain platform fees, commissions, or other transaction-related amounts associated with Marketplace purchases.

The calculation and application of such fees are determined by the commercial configuration of the Service and may vary depending on the type of offering, payment provider, or applicable commercial model.

Platform fees do not alter the independent nature of the relationship between Coaches and Athletes.

Except where required by applicable law, all Marketplace purchases are final and non-refundable.

Cancellation of a subscription prevents future renewal charges but does not entitle the user to a full or partial refund for any unused portion of the current billing period.

Takum may issue a refund only when:

• required by applicable law;
• a duplicate payment has been processed;
• an incorrect charge is directly attributable to the Service; or
• Takum determines, in its sole discretion, that exceptional circumstances justify a refund.

Nothing in this section limits any mandatory consumer rights that cannot legally be waived.

Takum may modify, expand, restrict, suspend, or discontinue Marketplace features at any time for operational, legal, security, or business reasons.

Such changes do not affect purchases already completed except where necessary to comply with applicable law or to protect the integrity and security of the Service.

Takum provides the technological infrastructure that enables commercial transactions between Coaches and Athletes.

Except as expressly stated in these Terms, Takum:

• does not become a party to the professional services provided by Coaches;
• does not guarantee the quality or outcome of those services;
• does not supervise the execution of training programs;
• does not negotiate agreements between Coaches and Athletes; and
• does not assume professional responsibility for the services offered through the Marketplace.

Takum’s responsibility is limited to operating the technology platform and facilitating the commercial functionality supported by the Service.

2Coach facilitates payments for eligible commercial services offered through the Service.

All payments are processed through authorized third-party payment providers. Takum does not directly process, store, or have access to complete payment card information.

By completing a purchase, you authorize the applicable payment provider to charge your selected payment method for the amount presented during checkout.

The Service currently supports payment processing through authorized third-party providers, including:

• Stripe; and
• any additional payment providers that Takum may support in the future.

The availability of payment methods may vary depending on your country, payment method, currency, and the commercial offering being purchased.

Each payment provider operates under its own terms, conditions, privacy practices, and security standards.

All prices displayed through the Service are presented in the currency specified at the time of purchase.

Depending on the commercial offering and your location, prices may be displayed in different currencies supported by the Service. Exchange rates, currency conversion fees, banking fees, or charges imposed by your financial institution are not controlled by Takum and remain your responsibility.

Unless expressly stated otherwise during the purchase process, displayed prices do not include taxes that may be applicable under your local laws.

Where required by applicable law, Takum or the applicable payment provider may calculate, collect, or remit taxes associated with your purchase.

You are solely responsible for any taxes, duties, or governmental charges applicable to your use of the Service, except where the law requires Takum to collect or remit them.

By completing a purchase, you represent and warrant that:

• you are authorized to use the selected payment method;
• the payment information you provide is accurate and current;
• you authorize the applicable payment provider to process the transaction; and
• you are responsible for all charges incurred under your account.

Providing false, inaccurate, or unauthorized payment information may result in suspension or termination of your account.

Certain Commercial Subscriptions renew automatically unless cancelled before the next billing date.

Where automatic renewal applies, the renewal terms, billing frequency, and recurring price will be presented before the purchase is completed.

By purchasing a subscription with automatic renewal, you authorize recurring charges using your selected payment method until the subscription is cancelled. Cancelling a subscription prevents future renewal charges but does not cancel or refund the current billing period.

If a payment cannot be successfully processed, the applicable payment provider may retry the transaction in accordance with its own policies.

Takum may temporarily suspend or limit access to Commercial Subscription benefits until outstanding payment issues are resolved.

Failure to complete payment does not automatically cancel your account or Coach Relationship unless otherwise required by the functionality of the Service.

Except where required by applicable law, all purchases made through the Service are final and non-refundable.

Cancellation of a Commercial Subscription does not entitle you to a refund for the current billing period or for any unused portion of purchased services.

Takum may issue a refund only when:

• required by applicable law;
• a duplicate payment has occurred;
• an incorrect charge is directly attributable to the Service; or
• Takum determines, in its sole discretion, that exceptional circumstances justify a refund.

Nothing in this section limits any mandatory consumer rights that cannot legally be waived.

If you believe that a payment has been processed incorrectly, we encourage you to contact Takum before initiating a dispute with your payment provider.

Takum will make reasonable efforts to investigate reported payment issues and, where appropriate, work with the applicable payment provider to resolve them. Nothing in this section limits your legal right to dispute charges through your financial institution where such rights are provided by applicable law.

Takum and the applicable payment provider may maintain records of completed transactions for operational, accounting, legal, fraud prevention, and compliance purposes.

Transaction records may be retained after an account has been closed to the extent required by applicable law or necessary to protect the legitimate interests of Takum.

The retention and processing of payment-related information are further described in the Privacy Policy.

Takum uses commercially reasonable measures to facilitate secure payment processing through authorized third-party providers.

However, payment transactions are ultimately processed within the infrastructure of those providers.

Takum is not responsible for interruptions, delays, security incidents, or processing errors attributable to third-party payment providers, financial institutions, payment networks, or circumstances beyond Takum’s reasonable control.

Takum and Coaches may modify the pricing of future commercial offerings in accordance with the functionality of the Service.

Price changes do not affect charges that have already been successfully completed.

For automatically renewing subscriptions, any change in recurring pricing will be communicated before the new price becomes effective, as required by applicable law.

Users who do not agree with the updated pricing may cancel their subscription before the next renewal date.

The Service allows users to create, upload, publish, store, share, and manage content (”User Content”).

Depending on the features available within the Service, User Content may include:

• public or private profile information;
• profile photographs and avatars;
• training programs;
• workout routines;
• exercise-related content;
• progress photographs;
• videos;
• posts;
• comments;
• messages;
• training records;
• check-in information; and
• any other content created or submitted through the Service.

You remain solely responsible for all User Content that you create, upload, publish, or otherwise make available through the Service.

Except for the limited license granted under these Terms, you retain ownership of the intellectual property rights you hold in your User Content.

Nothing in these Terms transfers ownership of your User Content to Takum.

Different categories of User Content may have different intended uses within the Service. For example, training programs created by Coaches remain the intellectual property of the Coach who created them, while personal progress records remain associated with the Athlete’s account.

By submitting User Content through the Service, you grant Takum a limited, non-exclusive, worldwide, royalty-free, sublicensable license to:

• host;
• store;
• reproduce;
• process;
• transmit;
• display;
• distribute within the Service;
• adapt for technical compatibility;
• back up; and
• otherwise use your User Content solely to the extent necessary to operate, secure, maintain, improve, and provide the Service.

This license does not transfer ownership of your User Content.

The license terminates when the applicable content is permanently removed from the Service, except where retention is required by applicable law, backup procedures, dispute resolution, fraud prevention, or other legitimate operational purposes described in the Privacy Policy.

You are solely responsible for the User Content you create or publish.

You represent and warrant that:

• you own the content or have all necessary rights to publish it;
• your content does not infringe the rights of any third party;
• your content complies with these Terms, the Community Guidelines, and applicable law; and
• your content does not violate the privacy, intellectual property, publicity, or other legal rights of any person or organization.

Takum does not pre-screen, endorse, or verify the accuracy of User Content before it is made available through the Service.

The Service allows certain information to be visible to other users depending on your profile settings, relationships within the Service, and the visibility options available for specific content.

The visibility of User Content may vary based on:

• profile visibility settings;
• Coach Relationships;
• the audience selected when publishing content; and
• other privacy controls supported by the Service.

Users are responsible for selecting the appropriate visibility options when those options are available.

Where available, users may interact with one another through community features such as:

• posts;
• comments;
• reactions;
• follows;
• profile interactions; and
• other social features supported by the Service.

Participation in community features is voluntary and remains subject to these Terms and the Community Guidelines.

Users may not publish, upload, transmit, or otherwise make available User Content that:

• is unlawful;
• infringes intellectual property rights;
• violates another person’s privacy;
• contains defamatory, fraudulent, or misleading information;
• promotes violence, harassment, discrimination, or hate;
• contains sexually explicit or exploitative material;
• encourages dangerous or illegal activities;
• contains malware or malicious code; or
• otherwise violates the Community Guidelines.

Takum reserves the right to investigate suspected violations and to take appropriate action in accordance with these Terms.

To help maintain a safe environment, Takum may, but is not obligated to:

• review reported content;
• restrict access to User Content;
• remove User Content;
• suspend community features;
• limit account functionality; or
• suspend or terminate accounts that violate these Terms or the Community Guidelines.

Takum may exercise these rights at its reasonable discretion, taking into account the safety of users, the integrity of the Service, applicable law, and other legitimate operational considerations.

Nothing in this section creates an obligation for Takum to actively monitor all User Content.

The Service may provide mechanisms allowing users to report User Content that they believe violates these Terms or the Community Guidelines.

Submitting a report does not guarantee that the reported content will be removed.

Takum will review reported content in accordance with its moderation processes and may take action where appropriate.

Users may remove or delete certain User Content through the functionality provided by the Service.

Removal from public view does not necessarily require immediate or permanent deletion from Takum’s systems. Takum may retain copies of User Content where necessary for:

• legal compliance;
• fraud prevention;
• dispute resolution;
• backup and disaster recovery;
• enforcement of these Terms; or
• other legitimate operational purposes described in the Privacy Policy.

Takum respects intellectual property rights.

If you believe that User Content available through the Service infringes your intellectual property rights, you may notify Takum using the contact information provided in these Terms.

Takum may remove or restrict access to allegedly infringing content while the matter is reviewed, where appropriate and consistent with applicable law.

User Content reflects the opinions, experiences, recommendations, and activities of the users who create it.

User Content does not necessarily reflect the views of Takum.

The availability of User Content through the Service does not constitute an endorsement, recommendation, certification, or guarantee by Takum regarding its accuracy, quality, safety, or suitability.

2Coach is designed to support a respectful, professional, and collaborative environment for coaches and athletes. Every user contributes to the quality, safety, and integrity of the community through their conduct, interactions, and the content they create or share.

By using the Service, you agree to interact with others respectfully and to comply with these Terms, the Community Guidelines, and all applicable laws.

The Community Guidelines form part of these Terms and establish the standards of conduct expected from all users.

The Community Guidelines provide additional information regarding:

• acceptable behavior;
• prohibited conduct;
• content standards;
• reporting procedures;
• moderation practices;
• enforcement actions; and
• other community-related rules.

In the event of a conflict between these Terms and the Community Guidelines, these Terms shall prevail unless expressly stated otherwise.

Users may not use the Service to engage in conduct that is unlawful, abusive, harmful, deceptive, or inconsistent with the purpose of the platform.

Without limitation, prohibited conduct includes:

• harassment, bullying, intimidation, or threats;
• hate speech or discriminatory conduct;
• publication of unlawful, fraudulent, or misleading content;
• impersonation of another person or organization;
• infringement of intellectual property rights;
• unauthorized disclosure of another person’s private or confidential information;
• publication of sexually explicit, exploitative, or otherwise inappropriate content;
• promotion of violence, self-harm, illegal activities, or dangerous conduct;
• attempts to interfere with the operation or security of the Service; and
• any conduct that violates these Terms, the Community Guidelines, or applicable law.

The Community Guidelines may provide additional examples of prohibited conduct without limiting the scope of this section.

The Service may provide tools that allow users to report content, profiles, comments, or other activity that they reasonably believe violates these Terms or the Community Guidelines.

Users should submit reports in good faith and provide accurate information whenever possible.

Submitting a report does not guarantee that the reported content or account will be removed or that any specific enforcement action will be taken.

Takum reviews reports using its internal moderation processes and determines the appropriate response based on the information available.

The Service may allow users to block other users through the functionality provided by the platform.

Blocking is intended to help users manage unwanted interactions and improve their personal experience within the Service.

The availability and effects of blocking depend on the functionality supported by the Service at the time.

Blocking another user does not prevent Takum from investigating reports, enforcing these Terms, or taking any other action necessary to protect the Service or its users.

Takum may investigate activity that appears to violate these Terms or the Community Guidelines.

When appropriate, Takum may:

• review reported content;
• request additional information;
• restrict the visibility of content;
• remove content;
• restrict access to certain features;
• suspend accounts; or
• permanently terminate accounts.

Moderation decisions are made in accordance with these Terms, the Community Guidelines, applicable law, and the legitimate interests of protecting the safety and integrity of the Service.

Takum is not obligated to actively monitor all user activity or all content published through the Service.

Violations of these Terms or the Community Guidelines may result in one or more enforcement actions, including:

• educational warnings;
• temporary restrictions;
• removal of content;
• temporary suspension of features;
• temporary account suspension;
• permanent account termination; or
• any other action reasonably necessary to protect the Service, its users, or Takum.

The enforcement action applied will depend on the nature, severity, frequency, and circumstances of the violation.

Takum reserves the right to take immediate action without prior notice when necessary to protect users, preserve the integrity of the Service, comply with applicable law, or address urgent security concerns.

Where appropriate, users may contact Takum if they believe that moderation or enforcement action has been applied in error.

Submitting an appeal does not guarantee that the original decision will be changed. Takum will review appeals in good faith using the information available at the time of review.

The primary purpose of moderation is to maintain a safe, respectful, and trustworthy environment for all users.

Takum exercises moderation authority to protect the community as a whole and not to resolve personal disagreements between individual users.

Nothing in this section limits Takum’s ability to comply with applicable law, cooperate with lawful requests from governmental authorities, or take emergency action when necessary to protect users or the Service.

2Coach is a technology platform designed to facilitate communication, training management, progress tracking, and collaboration between Coaches and Athletes.

The Service is intended for educational, informational, organizational, and fitness-related purposes only.

Nothing available through the Service is intended to constitute medical advice, diagnosis, treatment, rehabilitation, or any other regulated healthcare service.

Participation in physical exercise, strength training, endurance training, sports activities, and other fitness-related activities involves inherent risks.

These risks may include, without limitation:

• muscle strains;
• joint injuries;
• falls;
• cardiovascular events;
• aggravation of existing medical conditions;
• permanent disability; and
• death.

By participating in any activity made available through the Service, you acknowledge that you voluntarily assume these risks.

You are solely responsible for deciding whether to participate in any exercise, training program, or physical activity.

You should consult a qualified physician or other licensed healthcare professional before:

• beginning a new exercise program;
• significantly changing your training routine;
• returning to exercise after illness or injury;
• participating in high-intensity training; or
• engaging in physical activity when you have any medical condition, injury, or health concern.

If you experience pain, dizziness, shortness of breath, chest pain, loss of consciousness, or any other concerning symptom during exercise, you should immediately stop the activity and seek appropriate medical attention.

Nothing within the Service should be interpreted as replacing professional medical evaluation or treatment.

Each Coach is solely responsible for the professional recommendations, training programs, workout routines, guidance, and coaching services they provide through the Service.

Takum does not review, approve, validate, supervise, or guarantee the technical accuracy, safety, or suitability of any training program created by a Coach.

Any professional advice or recommendations provided by a Coach are the sole responsibility of that Coach.

Each Athlete remains solely responsible for:

• determining whether a training activity is appropriate for their individual circumstances;
• following instructions safely;
• exercising sound judgment during physical activity;
• using appropriate equipment correctly;
• maintaining awareness of their physical condition; and
• stopping any activity that appears unsafe or causes discomfort.

Athletes should never continue exercising solely because a training program, Coach, or feature of the Service recommends doing so.

Takum does not provide medical services.

Without limitation, Takum does not:

• diagnose medical conditions;
• prescribe treatments;
• provide rehabilitation services;
• monitor medical conditions;
• provide nutritional therapy;
• provide psychological treatment;
• supervise physical exercise; or
• replace licensed healthcare professionals.

Any health-related information available through the Service is provided solely to support fitness and training activities and should not be relied upon as medical advice.

Training content, educational materials, articles, videos, recommendations, notifications, progress information, and other content made available through the Service are provided solely for educational and informational purposes.

Such information is not intended to replace individualized professional advice from qualified healthcare, medical, nutritional, or rehabilitation professionals.

Takum does not guarantee that:

• any exercise is safe for every individual;
• any training program is appropriate for every Athlete;
• any recommendation will produce a desired outcome;
• injuries will not occur; or
• any health or fitness objective will be achieved.

Training outcomes vary significantly based on numerous factors beyond Takum’s control, including individual health, experience, consistency, recovery, nutrition, genetics, and adherence to professional guidance.

The Service is not intended for emergency medical situations.

If you believe that you are experiencing a medical emergency, you should immediately contact your local emergency services or seek assistance from a qualified healthcare provider.

You should not delay seeking emergency medical care because of information obtained through the Service.

Takum provides the technological infrastructure that enables Coaches and Athletes to interact through the Service.

Takum does not monitor workouts in real time, observe physical activity, evaluate the health status of users, or intervene in training decisions.

Responsibility for participating in physical activity remains with the Athlete, while responsibility for professional coaching remains with the Coach.

By using the Service, you acknowledge and agree that:

• you understand the risks associated with physical exercise;
• you participate voluntarily and at your own discretion;
• you are responsible for your own health-related decisions;
• you understand that Coaches act independently from Takum;
• you understand that Takum does not provide medical or healthcare services; and
• you accept that the Service is intended to support training management and communication, not to replace professional medical care.

The Service, including its software, technology, architecture, user interface, visual design, source code, object code, databases, documentation, trademarks, logos, graphics, text, audiovisual materials, and all other elements developed or provided by Takum (collectively, the “Platform Content”), are owned by or licensed to Takum and are protected by applicable intellectual property and other laws.

Except as expressly permitted by these Terms, no rights in the Platform Content are transferred to you.

Subject to your compliance with these Terms, Takum grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for its intended purposes.

This license does not permit you to:

• copy, reproduce, or redistribute the Service;
• modify or create derivative works of the Service;
• reverse engineer, decompile, or attempt to discover the source code;
• remove proprietary notices or trademarks;
• sell, lease, sublicense, or commercially exploit the Service except through functionality expressly provided by the platform; or
• use the Service in violation of these Terms or applicable law.

All rights not expressly granted remain reserved by Takum.

The names 2Coach, Takum, their respective logos, trademarks, service marks, trade dress, and other brand identifiers are the property of Takum or its licensors.

Nothing in these Terms grants any right to use Takum’s trademarks except as expressly authorized in writing.

Users may not imply sponsorship, endorsement, partnership, or affiliation with Takum without prior written permission.

Users retain ownership of the intellectual property rights they hold in the content they create through the Service.

Depending on the type of content, this may include:

• training programs;
• workout routines;
• posts;
• comments;
• photographs;
• videos;
• profile information;
• progress records; and
• other original content created by the user.

Nothing in these Terms transfers ownership of User Content to Takum.

To operate the Service, each user grants Takum a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, distribute within the Service, and make technical adaptations to User Content solely as necessary to:

• provide the Service;
• operate platform features;
• maintain backups;
• ensure security;
• improve system performance;
• comply with legal obligations; and
• enforce these Terms.

This license exists only for the purposes described above and does not transfer ownership of User Content to Takum.

Except where retention is required by law or reasonably necessary for legitimate operational purposes, this license ends when the applicable content is permanently removed from the Service.

Training programs, workout routines, methodologies, coaching materials, and other original content created by a Coach remain the intellectual property of that Coach.

Athletes receive only the right to access and use such content through the functionality of the Service and only to the extent permitted by the applicable Coach Relationship, Training Access, or Commercial Subscription.

Unless expressly authorized by the Coach or permitted by applicable law, Athletes may not reproduce, redistribute, publish, sell, license, or commercially exploit coaching content obtained through the Service.

Progress records, body measurements, progress photographs, workout history, check-in information, and other personal training information submitted by an Athlete remain associated with that Athlete’s account.

Where the functionality of the Service permits, such information may be shared with an Athlete’s Coach as part of an active Coach Relationship to support training management.

Such sharing does not transfer ownership of the Athlete’s content to the Coach or to Takum.

If you voluntarily provide suggestions, recommendations, feature requests, ideas, or other feedback regarding the Service (”Feedback”), you grant Takum a perpetual, worldwide, irrevocable, royalty-free license to use, reproduce, modify, implement, publish, and otherwise exploit that Feedback without restriction or compensation.

Takum is under no obligation to implement any Feedback.

Takum respects the intellectual property rights of others.

If you believe that content available through the Service infringes your copyright, trademark, or other intellectual property rights, you may notify Takum using the contact information provided in these Terms.

Takum may investigate such notices and, where appropriate, remove or restrict access to the allegedly infringing content while the matter is reviewed.

Except for the limited licenses expressly granted in these Terms, no intellectual property rights are transferred or assigned between Takum and users.

Each party retains ownership of its respective intellectual property.

All rights not expressly granted under these Terms are reserved.

Takum recognizes the importance of protecting the privacy and personal information of everyone who uses the Service.

Our collection, use, storage, sharing, retention, and protection of personal information are governed by our Privacy Policy, which forms an integral part of these Terms. By using the Service, you acknowledge that your personal information will be processed as described in the Privacy Policy.

The Privacy Policy explains, among other things:

• what personal information we collect;
• how we collect that information;
• how we use personal information;
• the legal bases for processing where applicable;
• when information may be shared with Coaches, Athletes, service providers, or payment processors;
• how long information may be retained;
• the security measures we implement;
• your privacy rights; and
• how you may exercise those rights.

The Privacy Policy should be read together with these Terms.

If there is any conflict between these Terms and the Privacy Policy regarding the processing of personal information, the Privacy Policy shall govern solely with respect to data processing matters.

Certain features of the Service require information to be shared between users in order to function as intended.

Depending on your use of the Service, information may be shared with users with whom you have an active Coach Relationship or as otherwise authorized by your privacy settings and the functionality of the Service.

The categories of information that may be shared, the circumstances under which sharing occurs, and the controls available to users are described in the Privacy Policy.

The Service integrates with third-party providers that support functionality such as authentication, payment processing, communications, hosting, analytics, and infrastructure.

Your use of those services may also be subject to the privacy policies and terms of the applicable third-party providers.

Takum is not responsible for the privacy practices of independent third-party services.

Additional information regarding the third-party providers used by the Service is available in the Privacy Policy.

Depending on your jurisdiction, you may have rights regarding your personal information, including the right to request access, correction, deletion, restriction of processing, portability, or other rights recognized by applicable law.

The procedures for exercising these rights are described in the Privacy Policy.

Takum will process privacy requests in accordance with applicable law.

Takum may update the Privacy Policy from time to time to reflect changes in the Service, legal requirements, or operational practices.

Material changes will be communicated using reasonable methods consistent with these Terms.

Your continued use of the Service following the effective date of an updated Privacy Policy constitutes acknowledgment that the Privacy Policy has been updated.

Where applicable law requires additional consent before certain changes become effective, Takum will obtain such consent through the mechanisms provided by the Service.

Takum is committed to providing a reliable and continuously improving Service.

However, the Service is provided on a commercially reasonable basis and may not be available at all times.

The availability, performance, and functionality of the Service may be affected by scheduled maintenance, software updates, technical issues, third-party services, internet connectivity, security events, or circumstances beyond Takum’s reasonable control.

Takum does not guarantee uninterrupted or error-free operation of the Service.

From time to time, Takum may perform scheduled maintenance to maintain, improve, secure, or update the Service.

Whenever reasonably practicable, Takum may provide advance notice of planned maintenance that is expected to significantly affect the availability of the Service.

Emergency maintenance may be performed without prior notice when necessary to protect the security, integrity, or stability of the Service.

Temporary interruptions may occur due to circumstances including, but not limited to:

• infrastructure failures;
• software defects;
• network interruptions;
• cloud service outages;
• failures of third-party providers;
• security incidents;
• denial-of-service attacks;
• force majeure events; or
• other unforeseen technical or operational circumstances.

Takum will use commercially reasonable efforts to restore the Service as soon as reasonably practicable.

2Coach is an evolving platform.

Takum may modify, improve, replace, reorganize, or discontinue features, functionality, workflows, or components of the Service as part of its ongoing development.

Such changes may include:

• improvements to existing functionality;
• user interface updates;
• performance enhancements;
• security improvements;
• bug fixes;
• infrastructure upgrades; and
• retirement of obsolete functionality.

Takum will make reasonable efforts to avoid unnecessary disruption when implementing material changes.

Takum may introduce new features, services, tools, integrations, or commercial offerings from time to time.

New functionality may:

• be available only to certain users or regions;
• require additional eligibility requirements;
• require acceptance of supplemental terms;
• require a Commercial Subscription or additional fees; or
• remain in beta, preview, pilot, or limited availability before general release.

The introduction of new functionality does not obligate Takum to continue supporting any specific feature indefinitely.

Certain functionality depends on services provided by independent third parties, including cloud infrastructure providers, authentication providers, payment processors, email delivery providers, notification services, and other technology partners.

Takum is not responsible for delays, interruptions, or failures that are directly attributable to those third-party services.

Where reasonably possible, Takum will work to restore affected functionality once the underlying dependency becomes available.

Unless expressly agreed in a separate written agreement executed by Takum, the Service is not provided subject to any guaranteed uptime, availability percentage, response time, or service level agreement (SLA).

Nothing in these Terms should be interpreted as creating a contractual commitment regarding continuous availability of the Service.

Takum continuously improves the Service based on user feedback, operational experience, technological advancements, legal requirements, and business needs.

As a result, features, workflows, interfaces, and functionality may evolve over time.

These changes are intended to improve the overall experience and long-term sustainability of the Service and do not constitute a breach of these Terms solely because the Service evolves from previous versions.

Your use of the Service is voluntary and at your own risk. To the fullest extent permitted by applicable law, you assume responsibility for your decisions, actions, training activities, interactions with other users, and use of information available through the Service.

Nothing in these Terms limits any rights that cannot legally be waived under applicable law.

Takum provides a technology platform that enables Coaches and Athletes to interact, manage training, share information, communicate, and, where applicable, complete commercial transactions.

Takum does not control or supervise:

• the professional judgment of Coaches;
• the decisions made by Athletes;
• the execution of workouts;
• the quality or suitability of training programs;
• communications between users; or
• the conduct of users on or outside the Service.

Accordingly, Takum is not responsible for injuries, damages, disputes, or losses arising from those activities.

Takum is not responsible for the acts, omissions, statements, recommendations, content, or conduct of any user.

Interactions between Coaches, Athletes, and other users occur independently of Takum.

Any dispute arising between users should be resolved directly between the parties involved unless applicable law requires otherwise.

The Service relies on independent third-party providers for certain functionality, including payment processing, authentication, cloud infrastructure, communications, notifications, and other technology services.

To the fullest extent permitted by applicable law, Takum shall not be liable for failures, delays, interruptions, security incidents, or other issues caused by third-party providers that are outside Takum’s reasonable control.

Takum does not guarantee:

• athletic performance;
• physical improvement;
• health outcomes;
• weight loss;
• muscle gain;
• competition results;
• coaching success;
• business success for Coaches; or
• any other specific outcome arising from the use of the Service.

Results depend on numerous factors beyond Takum’s control.

To the fullest extent permitted by applicable law, Takum shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the use of, or inability to use, the Service.

This limitation applies regardless of the legal theory asserted and includes, without limitation:

• loss of profits;
• loss of revenue;
• loss of business opportunities;
• loss of goodwill;
• loss of data;
• business interruption; and
• other indirect or consequential losses.

To the fullest extent permitted by applicable law, Takum’s total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the greater of:

• the total amount actually paid by you to Takum through the Service during the twelve (12) months immediately preceding the event giving rise to the claim; or
• one hundred U.S. dollars (US$100).

This limitation applies regardless of the number of claims or legal theories asserted.

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded under applicable law.

This includes, where applicable:

• fraud;
• willful misconduct;
• gross negligence;
• unlawful conduct; or
• any other liability that applicable law prohibits from being excluded or limited.

To the fullest extent permitted by applicable law, any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after the event giving rise to the claim.

Claims not brought within that period are permanently barred, unless a longer period is required by applicable law.

The limitations of liability contained in these Terms form an essential part of the agreement between you and Takum.

You acknowledge that Takum would not be able to provide the Service under the same commercial conditions without these limitations.

You agree that you are solely responsible for your use of the Service and for your compliance with these Terms, the Community Guidelines, the Privacy Policy, and applicable law.

You also remain solely responsible for your interactions with other users, including any Coach Relationships, Training Access, Commercial Subscriptions, User Content, commercial transactions, and communications conducted through the Service.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Takum LLC, its affiliates, officers, directors, managers, employees, contractors, licensors, service providers, successors, and assigns from and against any claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• your use of the Service;
• your violation of these Terms;
• your violation of the Community Guidelines;
• your violation of applicable law;
• your User Content;
• your interactions with other users;
• your infringement of any intellectual property or other legal rights of a third party;
• your misuse of Marketplace functionality;
• your misuse of Commercial Subscriptions; or
• any negligent, reckless, fraudulent, or unlawful conduct by you.

Without limiting the generality of the foregoing, each Coach agrees to indemnify and hold harmless Takum from any claim arising out of or relating to:

• training recommendations;
• workout programs;
• coaching services;
• professional advice;
• pricing decisions;
• commercial offerings;
• communications with Athletes; or
• any professional services provided through the Service.

Nothing in these Terms creates an employment, agency, partnership, or representative relationship between Takum and any Coach.

Each Athlete agrees to indemnify and hold harmless Takum from claims arising out of:

• misuse of training programs;
• misuse of Community features;
• misuse of Marketplace functionality;
• publication of unlawful User Content;
• infringement of third-party rights; or
• violations of these Terms or applicable law.

Nothing in this section limits Takum’s obligations where liability cannot legally be excluded.

If a third party brings a claim arising from your conduct, your User Content, your commercial activity, or your use of the Service, you agree to cooperate with Takum in the defense of that claim by providing truthful information and reasonable assistance when requested.

Takum reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under these Terms.

If Takum elects to do so, you remain responsible for your indemnification obligations under this section.

You may not settle any claim that affects Takum or imposes any obligation, admission of liability, or restriction upon Takum without Takum’s prior written consent.

Takum may participate in or control the defense or settlement of any indemnified claim where it reasonably determines that doing so is necessary to protect its interests.

The obligations contained in this section survive the suspension, termination, deletion of your account, or any other termination of your relationship with the Service, to the extent permitted by applicable law.

You may stop using the Service at any time.

Where the functionality is available, you may close your account using the tools provided within the Service or by contacting Takum through the support channels identified in these Terms.

Closing your account does not automatically cancel outstanding payment obligations, resolve pending disputes, or eliminate responsibilities that arose before the account was closed.

Takum may temporarily suspend access to all or part of the Service when reasonably necessary to:

• investigate suspected violations of these Terms;
• investigate suspected violations of the Community Guidelines;
• protect the security or integrity of the Service;
• prevent fraud, abuse, or unauthorized access;
• comply with applicable law or lawful governmental requests;
• protect other users; or
• address technical or operational issues affecting the Service.

Where reasonably practicable, Takum may notify the affected user of the suspension and, when appropriate, provide an opportunity to resolve the issue.

Immediate suspension may occur without prior notice when Takum reasonably determines that doing so is necessary to protect users or the Service.

Takum may terminate your account or access to the Service if you:

• materially violate these Terms;
• repeatedly violate the Community Guidelines;
• engage in fraudulent, unlawful, abusive, or deceptive conduct;
• misuse the Marketplace or payment systems;
• infringe the rights of other users or third parties;
• create significant security or operational risks; or
• otherwise use the Service in a manner that materially harms Takum, other users, or the operation of the platform.

Where appropriate, Takum may determine that a warning or temporary suspension is sufficient instead of permanent termination.

Upon suspension or termination:

• your access to the Service may immediately cease;
• access to certain features may be restricted;
• active Commercial Subscriptions may terminate or expire according to their applicable terms;
• Coach Relationships may no longer be accessible through the Service;
• Training Access may end where it depends on the terminated account or relationship; and
• Marketplace functionality may no longer be available.

Termination of an account does not automatically reverse completed transactions or create any right to a refund except where required by applicable law or expressly provided in these Terms.

Following account termination, certain User Content may no longer be publicly available through the Service.

However, Takum may retain or continue processing certain information where reasonably necessary for:

• compliance with applicable law;
• accounting and tax obligations;
• fraud prevention;
• dispute resolution;
• enforcement of these Terms;
• security investigations;
• backup and disaster recovery; or
• other legitimate operational purposes described in the Privacy Policy.

The retention and deletion of personal information are governed by the Privacy Policy.

Termination of your account does not affect provisions of these Terms that, by their nature, are intended to survive termination.

Without limitation, the following sections continue to apply after termination where appropriate:

• Payments;
• Intellectual Property;
• User Generated Content;
• Health Disclaimer;
• Limitation of Liability;
• Indemnification;
• Privacy;
• Governing Law and Dispute Resolution; and
• any accrued rights or obligations existing before termination.

Takum’s decision not to suspend or terminate an account immediately following a violation does not waive its right to take enforcement action at a later time. Likewise, suspension of an account does not prevent Takum from subsequently terminating the account if the circumstances warrant additional action.

These Terms, the Privacy Policy, the Community Guidelines, and any dispute arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of laws principles.

To the fullest extent permitted by applicable law, the state and federal courts located in Miami-Dade County, Florida, shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or relating to these Terms or the Service.

Each party irrevocably submits to the personal jurisdiction of those courts and waives any objection based on improper venue or forum non conveniens.

Before initiating formal legal proceedings, the parties agree to make a good faith effort to resolve the dispute through direct communication.

A party seeking to raise a dispute should provide reasonable written notice describing the nature of the issue and the relief sought.

Nothing in this section prevents either party from seeking immediate legal relief where necessary to prevent irreparable harm, protect intellectual property, preserve confidential information, or comply with applicable law.

Takum is not a party to disputes between Coaches, Athletes, or other users of the Service. Users are encouraged to resolve disputes directly with one another whenever appropriate.

Takum may, but is not obligated to, review information or take actions relating to user disputes where necessary to enforce these Terms, the Community Guidelines, protect the integrity of the Service, or comply with applicable law.

Nothing in these Terms limits Takum’s right to seek temporary, preliminary, or permanent injunctive or equitable relief in any court of competent jurisdiction to protect:

• intellectual property;
• confidential information;
• platform security;
• proprietary technology;
• business operations; or
• any other legal right for which monetary damages would not be an adequate remedy.

To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within the period specified in these Terms or, where no contractual period applies, within the applicable statutory limitation period.

Nothing in this section limits any rights or limitation periods that cannot legally be modified under applicable law.

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid provision shall be interpreted, modified, or replaced to the minimum extent necessary to make it enforceable while preserving its original intent as closely as possible.

Failure by Takum to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other right under these Terms.

Any waiver must be in writing and signed by an authorized representative of Takum.

These Terms, together with the Privacy Policy, the Community Guidelines, and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Takum regarding the Service.

They supersede all prior or contemporaneous understandings, communications, representations, or agreements relating to the subject matter of these Terms.

2Coach is operated by Takum LLC, a limited liability company organized under the laws of the State of Florida, United States.

For purposes of these Terms, references to “Takum,” “we,” “our,” or “us” mean Takum LLC.

Official correspondence relating to these Terms or the Service may be sent to:

Takum LLC 1110 Brickell Avenue Miami, Florida 33131 United States

For legal notices, questions regarding these Terms, support requests, or other inquiries relating to the Service, you may contact us at:

Email: hola@2coach.app

Takum will make commercially reasonable efforts to respond to inquiries within an appropriate timeframe, taking into account the nature and complexity of the request.

Unless otherwise required by applicable law, any legal notice relating to these Terms should be submitted in writing using the contact information provided in this section.

Takum may update its contact information from time to time. Updated contact information will be published through the Service or on the official 2Coach website.