TERMS OF USE

1. AGREEMENT TO OUR LEGAL TERMS

We are Taikan ("Company," "we," "us," "our"), a company registered in Israel at 28 Alonim St, Apt 70, Netanya 4256542. We operate the website https://usetaikan.com (the "Site"), the mobile application taikan (the "App"), and all related products and services that refer to these legal terms (collectively, the "Services").

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "Customer"), and Taikan, regarding your access to and use of the Services. By accessing the Services, you agree to be bound by these Legal Terms.

2. CANCELLATION AND REFUNDS (CONSUMER PROTECTION LAW)

In accordance with the Israeli Consumer Protection Law, 1981, a customer may cancel a remote sales transaction within 14 days of the transaction date or from the date of receiving the disclosure document, whichever is later.

• Subscription Cancellation: You may cancel at any time with a 30-day prior notice. Billing will cease at the end of the notice period.
• Cancellation Fees: In case of cancellation within the first 14 days as stated by law, a cancellation fee of 5% of the transaction price or 100 ILS (whichever is lower) will be deducted.
• Cancellation notices must be sent in writing to support@usetaikan.com.

3. DIRECT MAILING AND MARKETING COMMUNICATIONS (SPAM LAW)

By approving these terms, you provide your express consent to receive advertisements, updates, and marketing communications from the Company via email, SMS, or any other means of communication, in accordance with Section 30A of the Communications Law (Telecommunications and Broadcasting), 1982 ("Spam Law").

You may revoke your consent to receive marketing communications at any time by sending a refusal notice to the Company's email address or by using the "unsubscribe" mechanism appearing in any marketing message.

4. SERVICES AND SYSTEM AVAILABILITY (SLA)

The Services are provided on an "AS-IS" and "AS-AVAILABLE" basis. We aim to maintain maximum system availability, but we do not guarantee that the Services will be free from faults, errors, or interruptions.

Taikan shall not be liable for any damage, direct or indirect, resulting from system downtime due to scheduled maintenance, internet outages, or factors beyond our direct control (e.g., third-party cloud services).

5. SUPPORT SERVICES

Taikan support services are available Sunday through Thursday, between 09:00 and 18:00 (Israel Time), via email at support@usetaikan.com or through the built-in system chat.

On Fridays, Saturdays, and holidays, support is limited to critical system failures (Critical/System Down) and provided via email only. Taikan reserves the right to modify support hours and communication channels at its sole discretion.

6. DATA OWNERSHIP AND BACKUP

Data entered into the system by the Customer (e.g., member details, training history, etc.) is fully owned by the Customer. Taikan acts solely as a data processor.

It is the Customer's responsibility to perform periodic backups of their data. While Taikan performs backups for disaster recovery purposes, it shall not be liable for the loss of a specific customer's data for any reason.

Upon termination, the Customer may export their data independently at no additional cost. Requests for manual data export by our team may incur a handling fee of 2,000 ILS plus VAT.

7. DATA PROCESSING ADDENDUM (DPA)

As part of providing the Services, Taikan may process personal data for the Customer. Taikan undertakes to:

• Process data solely for providing the Services and according to Customer instructions.
• Implement appropriate technological and organizational security measures to protect the data.
• Ensure that all employees accessing the data are bound by confidentiality.
• Assist the Customer in fulfilling their obligations under privacy protection laws (e.g., responding to data subject requests).
• Notify the Customer of any personal data breach within 72 hours of becoming aware of it.
• Delete or return all personal data to the Customer upon termination of the Services.

Sub-Processors: Taikan uses the following sub-processors to deliver the Services:

• Clerk (clerk.com) - User authentication and identity management
• Railway (railway.com) - Application and database hosting (PostgreSQL)
• Cloudflare R2 (cloudflare.com) - File and media storage
• Sentry (sentry.io) - Error monitoring and performance tracking
• PostHog (posthog.com) - Product analytics
• Payment processing providers - Licensed Israeli payment providers processing Member payments for the Customer (see Section 10): Member name, contact details, ID number (for tax documents), payment method details, and transaction data. Processing location: Israel. The identity of the Customer's current payment provider is shown during the payment setup process and in the system settings, and the current sub-processor list is available on request. Payment providers, as regulated entities, act for part of the processing as independent controllers under their own regulatory obligations.

Audit Rights: Customers may request a summary of our security practices and sub-processor list by contacting support@usetaikan.com. Taikan will respond within 30 days.

8. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Services, including source code, design, trademarks, and content produced by the Company, belong exclusively to Taikan. It is strictly forbidden to copy, modify, reverse engineer, or distribute any part of the system without prior written permission.

9. PURCHASES AND PAYMENTS

9.1. Subscription fees for the Taikan Services are determined by the service package selected by the Customer, as set out on the pricing page of our website or in a written quote provided to the Customer. All prices are exclusive of VAT unless stated otherwise, and payments shall be made in Israeli Shekels (ILS).

9.2. Subscription fees do not include third-party costs associated with the use of payment processing services, as detailed in Section 10 below. Those costs will be presented to the Customer in writing before payment processing is connected to the Customer's account, and their activation requires the Customer's separate approval.

9.3. Taikan may update its prices with 30 days' prior notice. Price updates by the Payment Provider or the credit card companies are outside Taikan's control, and Taikan will pass any such update on to the Customer promptly upon receiving it.

10. PAYMENT PROCESSING AND MEMBER PAYMENTS

10.1 Nature of the Service and Taikan's Role

10.1.1. The Services enable the Customer (the business) to collect payments from its own clients ("Members") through an external payment provider. The payment provider is an entity duly licensed by the Bank of Israel (the "Payment Provider"), whose current identity is shown to the Customer during the payment setup process and in the system settings. Taikan may add or replace payment providers, provided they are duly regulated entities.

10.1.2. Taikan acts solely as a technological intermediary. Taikan is not an acquirer or issuer, does not hold Customer or Member funds at any stage, and is not a party to the transaction between the Customer and the Member. Transaction funds are transferred directly from the Payment Provider to the Customer's bank account, in accordance with the agreement between the Customer and the Payment Provider and the Payment Provider's settlement schedule.

10.1.3. The Customer is the merchant of record in transactions with its Members and is the sole supplier of the services sold through the Services. Accounting documents (tax invoices, receipts) are issued in the Customer's name and under its responsibility.

10.2 Terminal Setup and Verification (KYC)

10.2.1. Activation of payment processing is conditional on opening a payment terminal in the Customer's name with the Payment Provider. The review, verification and approval process (including "Know Your Customer" procedures) is performed by the Payment Provider at its sole discretion.

10.2.2. Taikan will assist the Customer with the setup process, but cannot guarantee that the Payment Provider will approve the application, the timing of approval, or that the terminal will not later be suspended or closed by the Payment Provider. Any such refusal, delay, suspension or closure shall not constitute a breach of these Terms by Taikan.

10.2.3. Each active location of the Customer requires a separate terminal. Terminal costs apply per terminal.

10.3 Payment Processing Costs

10.3.1. Payment processing involves costs in addition to the subscription fees, including: a one-time terminal setup fee; monthly terminal fees; a clearing fee as a percentage of each transaction, determined by the Payment Provider based on the Customer's profile; and per-event fees (such as chargebacks, cancellations or refunds) according to the Payment Provider's rates.

10.3.2. Current prices, including which party bills each component, will be presented to the Customer in writing as part of the payment processing connection process, and approved by the Customer before activation. An up-to-date price schedule will be available to the Customer at any time in the system settings.

10.3.3. The terminal fee includes a monthly quota of transactions and of accounting documents, as detailed in the price schedule. Usage beyond the quota incurs additional charges per the price schedule. Taikan will display the Customer's current quota usage in the system.

10.3.4. Upon termination of the engagement or closure of a terminal, terminal fees cease as of the closure date. Migration of stored payment methods (tokens) to another provider is subject to the Payment Provider's terms and to costs borne by the Customer.

10.4 Member Transactions, Cancellations and Refunds

10.4.1. The terms of the transaction between the Customer and the Member, including price, duration, cancellation and refund terms, are set by the Customer and are its sole responsibility. The Customer must comply with all laws applicable to its transactions, including the provisions of the Israeli Consumer Protection Law, 5741-1981, regarding continuous transactions, distance selling, disclosure duties and cancellation rights.

10.4.2. Without derogating from the above, where a Member transaction is entered into through the Services, the Customer must allow the Member to give notice of cancellation in the manners prescribed by law, including by online means where the law so requires, and must stop charges within the timeframes prescribed by law. The Services provide the Customer with tools for receiving and documenting cancellation notices; their use, and the Customer's compliance with statutory timeframes, are the Customer's responsibility.

10.4.3. Refunds, credits, chargebacks and disputes with Members or with the credit card companies shall be handled by the Customer directly with the Payment Provider and through its systems, subject to the applicable fees. Taikan will assist by making information and records available, but is not a party to any dispute and is not authorized to instruct the Payment Provider to issue a refund.

10.4.4. The Customer shall indemnify Taikan against any demand, claim or charge by a Member, payment provider, credit card company or other third party arising from the Customer's transactions, products or services, or from the Customer's breach of its obligations under law or under these Terms.

10.5 Payment Data Security

10.5.1. Members' payment method details are captured and stored solely in the systems of the Payment Provider, which complies with the PCI-DSS standard. Taikan does not capture, process or store credit card numbers. Taikan's systems store only token identifiers, which cannot be used to charge outside the Customer's terminal, along with the last four digits and card type for display purposes.

10.6 Transaction Records

10.6.1. The Services display transaction data based on the Payment Provider's reports. The binding record of a transaction, including its amount, date and settlement status, is the record in the Payment Provider's systems. In any case of discrepancy between the data displayed in the Services and the Payment Provider's records, the Payment Provider's records shall prevail.

10.6.2. Where the Customer collects payments through payment pages it has created itself with a payment provider of its choice, and the Services only receive reports of completed transactions, it is clarified that the Services reflect only the reports received, and reporting gaps may occur. Final confirmation of a transaction, its cancellation or non-completion shall be verified against the systems of the Customer's payment provider.

10.7 Limitation of Liability for Payment Processing

10.7.1. Payment processing services are provided by the Payment Provider and under its full responsibility. Taikan is not liable for the availability of payment processing services, for failures in them, for delays in the settlement of funds, for underwriting or risk decisions of the Payment Provider or the credit card companies, or for any damage originating in the payment processing services. Nothing in this section derogates from Taikan's liability under law for the components of the Services under its control.

11. LIMITATION OF LIABILITY

The total liability of Taikan toward the Customer for any cause whatsoever shall be limited to the cumulative amount paid by the Customer to Taikan during the three (3) months preceding the date of the event giving rise to the claim. In no event shall Taikan be liable for consequential damages, loss of profits, or damage to reputation.

12. TERMINATION

Either party may terminate the agreement with a 30-day prior notice. In case of a fundamental breach of terms, Taikan may suspend or terminate access to the Services immediately.

12a. AGE REQUIREMENTS

You must be at least 16 years of age to use the Services. If you are between 16 and 18 years of age, you may use the Services only with the consent and supervision of a parent or legal guardian. By using the Services, you represent that you meet these age requirements.

12b. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by, and construed in accordance with, the laws of the State of Israel, without regard to its conflict of laws provisions.

Dispute Resolution: Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms through good-faith negotiation and mediation. If the dispute cannot be resolved within 30 days of the initial mediation request, either party may seek resolution through the courts.

Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Netanya, Israel. Each party hereby consents to the personal jurisdiction of such courts.

Reference to Additional Policies: Your use of the Services is also subject to our Fitness & Health Waiver and our Acceptable Use Policy, both of which are incorporated herein by reference.

13. CONTACT US

For any questions or inquiries, please contact us at:

Taikan
28 Alonim St, Apt 70
Netanya, Israel 4256542
Phone: 052-7022391
Email: support@usetaikan.com