About Parfect Performance

This website and the services offered on or through it are operated by:

Michal Bargenda Golf Pro
NIP: 7133128642
REGON: 527217013
Registered office: Poland — [INSERT FULL REGISTERED ADDRESS]

The operator is the data controller for the personal data it collects in connection with the Service and is responsible for providing the Service in accordance with applicable law and these policies. For privacy, compliance, or legal correspondence, please use the Customer Service contact shown below.

Governing law: Subject to mandatory consumer protection provisions that may apply in a User’s country of residence, these notices and policies are governed by the laws of the Republic of Poland. This choice of law does not restrict or waive any non-waivable rights a consumer may have under the mandatory laws of their jurisdiction.

Effective Date: 08/23/2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a binding agreement between you ("User", "you" or "your") and Michal Bargenda Golf Pro, doing business as Parfect Performance ("Parfect Performance", "we", "us" or "our"). By accessing or using the website located at this domain and any services, software, mobile applications, or features made available by Parfect Performance (collectively, the "Service"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Service.

2. Eligibility

By registering for or using the Service you represent and warrant that: (a) you are at least 13 years of age (or the age of majority in your jurisdiction); (b) you have the legal capacity to enter into these Terms; and (c) you will comply with all applicable laws and these Terms. The Service is not available to persons or entities subject to export or sanction restrictions.

3. Account Registration and Security

To access certain features of the Service you must create an account ("Account"). You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account. You will notify Parfect Performance immediately of any known or suspected unauthorized use of your Account or other security breach.

4. Subscriptions, Fees, and Payment

Access to certain features of the Service requires a paid subscription. When you purchase a subscription, you authorize us to charge the applicable fees via our payment processor and agree to pay all applicable charges (including taxes) for that subscription. You are responsible for keeping payment information current. All fees are non-refundable except as expressly stated in our Refund & Dispute Policy (see Refund & Dispute Policy in this Legal & Compliance section).

5. Free Trials and Promotional Offers

From time to time Parfect Performance may offer free trials, promotional discounts, or other offers. Such offers are subject to additional terms that we may specify and may be terminated or modified at our sole discretion. Unless otherwise stated, any free trial will terminate the access to the program and any data that has been collected unless a full subscription has been purchased before or after the free trial expires.

6. User Conduct & Prohibited Uses

You agree not to: (a) use the Service for unlawful purposes; (b) reverse engineer, decompile, or attempt to derive source code from the Service; (c) interfere with or disrupt the integrity, security or performance of the Service; (d) attempt to access the accounts of others; or (e) use the Service to transmit any viruses, worms, or other harmful code. You must not attempt to bypass any technical or contractual restrictions in the Service (including geoblocking or export controls).

7. Intellectual Property

The Service, including all software, designs, text, graphics, logos, images, audio clips, and data (collectively, "Parfect Content"), is the exclusive property of Parfect Performance or its licensors and is protected by copyright, trademark, and other laws. Except as expressly provided in these Terms, no license to any Parfect Content is granted. You may not copy, modify, distribute, sell, or lease any part of our Service or Parfect Content.

8. User Content

You may submit content, including comments, notes, practice drills, or other materials ("User Content"). By submitting User Content you grant Parfect Performance a non-exclusive, worldwide, royalty-free, transferable right to use, reproduce, modify, distribute, prepare derivative works of, display, and perform such User Content in connection with the Service and Parfect Performance’s business, including for marketing and analytics purposes. You represent and warrant that you own or control all rights in and to the User Content and that submission does not violate any third-party rights or applicable law.

9. Privacy and Data Use

Use of the Service is also governed by our Privacy Policy (see the Privacy Policy section). By using the Service you consent to our collection, use, and transfer of personal data as described in that Policy.

10. Third-Party Services

The Service may contain links to third-party websites, services, or integrations (for example payment processors, analytics providers, third-party data sources). Parfect Performance does not control these third-party resources and is not responsible for their content or practices. Your use of third-party services is subject to the terms and privacy policies of those third parties.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARFECT PERFORMANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. PARFECT PERFORMANCE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARFECT PERFORMANCE OR ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITY ARISING FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, PARFECT PERFORMANCE'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PARFECT PERFORMANCE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13. Indemnification

You agree to indemnify, defend, and hold harmless Parfect Performance and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your breach of these Terms.

14. Termination

Parfect Performance may suspend or terminate your access to the Service at any time for violation of these Terms, for non-payment, or for any other reason permitted by law. Upon termination, your right to use the Service immediately ceases. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations and indemnification obligations. For information on data retention following termination, see the Privacy Policy and the Cancellation Policy included in this page.

15. Governing Law, Venue, and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Poland, except to the extent mandatory consumer protection laws in your place of residence provide otherwise. For disputes not subject to mandatory consumer protections, the parties submit to the exclusive jurisdiction of Polish courts. If you are a consumer located in a jurisdiction that provides you with mandatory rights or alternative dispute resolution options, those rights shall not be waived by these Terms.

16. Notices

All notices to Parfect Performance must be in writing and sent to michal.bargenda@pgapolska.com.

17. Changes to the Terms

We may revise these Terms from time to time. If we make material changes we will provide notice (for example by posting a prominent notice on the Service or sending an email) before the change becomes effective. Your continued use of the Service after the changes become effective constitutes your acceptance of the revised Terms.

18. Miscellaneous

These Terms, together with the Privacy Policy, Refund & Dispute Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between you and Parfect Performance regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Note: This Terms of Service text is a general-purpose template and should be reviewed by counsel familiar with Polish law, U.S. consumer protection laws, and the specific commercial arrangements (payment processing, resellers, integrations) of your business before final publication. Certain clauses (for example, choice of forum, limitation of liability, or arbitration) may require tailoring to meet legal and business goals.

For all account, billing, technical, and legal inquiries, contact Customer Service:

michal.bargenda@pgapolska.com

Support hours & response

Customer Service aims to respond to written inquiries within a commercially reasonable period. For billing and refund requests, please include (1) the email used to register the account, (2) the date of purchase, (3) the transaction or invoice number, and (4) a brief description of your request. Failure to provide required information may delay processing of your request.

Privacy & data requests: To make a privacy rights request (access, correction, deletion, portability, or objection), please contact michal.bargenda@pgapolska.com and include proof of identity and the account email. California residents may also submit requests under CCPA/CPRA using the same address; we will provide a verification process consistent with applicable law.

If you are an EU data subject and believe GDPR applies, you may also contact our EU representative at [INSERT EU REPRESENTATIVE CONTACT].

Scope

This Refund & Dispute Policy governs requests for reimbursement of subscription fees paid directly to Parfect Performance for access to the Service. This Policy does not apply to payments processed by third-party resellers, integration partners, or marketplace platforms; in such cases, the applicable reseller or platform policies shall apply.

Refund eligibility and procedure

1. Timeframe: A Subscriber who wishes to request a refund must submit a written request to michal.bargenda@pgapolska.com within fourteen (14) calendar days of the date of the original purchase. This 14-day commercial refund window is offered by Parfect Performance. Where applicable law (for example mandatory consumer protection laws in a User’s jurisdiction) provides a different statutory right of withdrawal (such as the 14-day EU distance-sale right), that statutory right remains separately available to the consumer.
2. Relief: If a refund request is received within the 14-day period and is approved after review, Parfect Performance may, in its sole discretion, issue a refund equal to ninety percent (90%) of the subscription fee paid for the affected subscription period. A ten percent (10%) administrative and processing fee shall be retained and will not be refunded unless otherwise required by applicable law.
3. Documentation: All refund requests must include proof of purchase (for example, a transaction receipt or invoice), the account email, and sufficient information to allow Parfect Performance to identify the associated subscription. Failure to provide such documentation may delay or result in denial of a refund.
4. Processing: Approved refunds will be processed to the original payment method used for purchase within a commercially reasonable time, typically within thirty (30) days after approval, depending on the payment processor and banking rails. Parfect Performance is not responsible for delays caused by banks or payment processors.
5. Taxes and fees: Refunds will be net of any taxes, duties, chargeback fees, or non-refundable processing fees that were retained or assessed at the time of the original transaction, to the extent permitted by applicable law.
6. Late requests: Refund requests submitted after the 14-day eligibility period will be denied, and subscriptions will be treated as non-refundable for the relevant term, except as otherwise required by applicable consumer protection laws.

Dispute escalation

If a refund or billing dispute cannot be resolved through initial Customer Service channels within thirty (30) days of submission, the Subscriber may escalate the matter by providing a written escalation request to the same Customer Service email. If the matter remains unresolved, the Subscriber may seek redress through applicable consumer protection authorities (for example, the Polish Consumer Ombudsman, or a consumer protection authority in the User’s jurisdiction) or other dispute resolution mechanisms as provided by law.

Fraud and abuse

Parfect Performance reserves the right to refuse refunds where fraud, abuse, manipulation of the refund process, or other improper behavior is suspected. Any attempt to secure a refund through materially false or misleading statements may result in account termination and may be referred to law enforcement.

General rule

Subscribers may cancel their paid subscription at any time. Cancellation shall be effective upon the Subscriber's submission of a cancellation request through the Service’s account management interface or via written notice to Customer Service at michal.bargenda@pgapolska.com.

Effect of cancellation

• Access period: Following cancellation, the Subscriber shall retain access to and use of the Service for the remainder of the paid subscription term (the “Paid Period”). Upon expiration of the Paid Period, the Subscriber’s right to access and use the Service shall automatically terminate.
• No automatic renewal: Subscriptions do not renew automatically. To continue using the Service after expiration, the Subscriber must affirmatively purchase a new subscription.
• No prorated refunds for partial periods: Cancellation does not entitle the Subscriber to a prorated refund for unused time within the Paid Period, except where a refund is explicitly granted under the Refund & Dispute Policy or as required by applicable law.
• Data retention and account content: Following expiration of the Paid Period, Parfect Performance may suspend or delete account data in accordance with its data retention practices. Subscribers concerned about data portability or retention should export or request their account data prior to account expiration. See the Privacy Policy section below for data retention specifics and procedures for exporting or requesting deletion.

Special rule — Individual monthly subscriptions

Processing fee option: For Individual customers who purchase a monthly subscription, Parfect Performance permits cancellation at any time. Where permitted by applicable law, a cancellation may be accepted subject to a processing fee of USD $5 (the "Processing Fee"). The Processing Fee will be charged or deducted from any refund in accordance with the Refund & Dispute Policy and applicable law.

Legal limitation and fallback: If applicable law in the Subscriber’s jurisdiction prohibits charging a cancellation Processing Fee (for example, where mandatory cooling-off or withdrawal rights apply), then such statutory rights will control and the Processing Fee will not be applied. In such jurisdictions, you may exercise any statutory right to withdraw in accordance with applicable rules (for example, EU/Poland 14-day distance-sale withdrawal rules where applicable).

Timing of cancellation relative to invoicing

Before invoice issue: To avoid being charged for an upcoming billing period, you should submit a cancellation request before the next invoice is issued.

After invoice issue: If an invoice for a billing period has already been issued to you, you remain obligated to pay that invoice. Cancellations submitted after an invoice has been issued will be effective at the end of the billing period covered by that invoice: you will retain access to the Service until the end of that billed period, and access will terminate at the end of the billing period.

Cancellation procedure

1. Send a written cancellation request to michal.bargenda@pgapolska.com providing the account email and transaction details.
2. If a Processing Fee is applicable and permitted by law, we will notify you of any amount to be deducted or charged in connection with your cancellation and (if a refund applies) the net refund amount.
3. We will confirm the effective date of cancellation and the date on which access will terminate.

Suspension and termination by operator

Parfect Performance reserves the right to suspend or terminate any subscription for breach of the terms of service, violation of applicable law, or failure to pay fees. In the event of termination for cause, the Subscriber may not be eligible for refunds or data restoration, subject to applicable law.

Note: The availability and enforceability of the Processing Fee and certain cancellation rules depend on applicable consumer protection and contract laws in the Subscriber’s jurisdiction. If you are a consumer in the European Union, Poland, or other jurisdictions with statutory withdrawal or enhanced consumer protections, those statutory rights may restrict or override contractual cancellation fees or processing charges.

If you have questions about how these rules apply to you, please contact Customer Service at michal.bargenda@pgapolska.com. Consider seeking legal advice where necessary.

Overview

The Service and all associated software, technology, and data (collectively, “Service Materials”) are subject to export and trade control laws of the United States and other applicable jurisdictions. Access to or use of the Service is conditioned on compliance with all applicable export, sanctions, and trade restrictions.

Permitted users & geographic scope

• U.S.-only signups: At present, Parfect Performance accepts registrations and provides services only to individuals and organizations located in the United States. Persons or entities located outside the United States are not permitted to create accounts or access the Service unless and until Parfect Performance expressly amends its policies and communicates such change. Where the Service is offered outside the U.S., additional local export and privacy rules may apply.
• Embargoed and sanctioned jurisdictions: The Service may not be used in, from, or for the benefit of any country, territory, or region subject to comprehensive U.S. embargoes or sanctions. Parfect Performance screens users and transactions against U.S. sanctions and restricted-party lists (including, but not limited to, the OFAC Specially Designated Nationals (SDN) list and other OFAC lists, and the U.S. Department of Commerce Consolidated Screening List and Entity List). Parfect Performance reserves the right to refuse service or block access where screening indicates a potential match or legal restriction. For compliance reasons, the Company may require additional identity or entity documentation before providing services.

Restricted parties and screening

Users must not be persons or entities on restricted or denied-party lists maintained by relevant U.S. authorities (including OFAC and BIS) or other competent authorities. Parfect Performance will conduct screening and may refuse or terminate accounts where required by law or where an unresolved match is identified. Users will be notified of refusals or suspensions to the extent permitted by applicable law.

Prohibited conduct and circumvention

• Users shall not export, re-export, release, or otherwise transfer Service Materials in violation of applicable export laws.
• Users shall not attempt to circumvent geographic or export controls by using VPNs, proxies, anonymizing networks, third-party accounts, or other means to obscure their true location or the location of their end users.
• Users shall not provide access to the Service to end users or accounts that are in violation of the foregoing restrictions.

Data location and transfers

User data may be stored and processed on infrastructure located in the United States and in the European Union. Where personal data is transferred outside the European Economic Area, Parfect Performance will implement appropriate safeguards such as the European Commission’s Standard Contractual Clauses (SCCs) or rely on an adequacy decision where available, and will document such transfers in accordance with applicable law. Contact michal.bargenda@pgapolska.com for specifics on international data transfer arrangements.

Enforcement and remedies

Parfect Performance may, in its discretion, (i) refuse to provide the Service, (ii) suspend or terminate accounts, (iii) block access originating from prohibited jurisdictions or parties, and (iv) pursue any available legal or equitable remedies against Users who violate export, sanctions, or access restrictions. Violations may expose Users to civil and criminal penalties under applicable laws.

Effective Date: 08/23/2025

1. Scope

This Privacy Policy describes the collection, use, sharing, retention, and protection of personal information by Parfect Performance for Users who are located in the United States. Because Parfect Performance currently restricts registration to U.S. persons and entities, this Policy is drafted with U.S. privacy laws in mind (including the CCPA/CPRA where applicable). Notwithstanding the foregoing, where the Service is targeted at or otherwise processes personal data of individuals located in the European Union, GDPR obligations will apply and the Company will comply with applicable GDPR requirements, including data subject rights and transfer safeguards.

2. Categories of Information Collected

• Identifiers: name, email address, account identifiers, transaction identifiers.
• Commercial information: purchase history, subscription and billing records.
• Performance data: user-submitted golf rounds, shot data, practice drill records, scores, notes, and related statistics.
• Communications: correspondence with Customer Service and other user-generated content submitted to the Service.

3. Purposes for Processing & Legal Basis

We process personal information to: (a) provide and maintain the Service; (b) process payments and prevent fraud; (c) generate analytics and reports for Users; (d) communicate about account, billing, and security matters; (e) comply with legal obligations; and (f) perform internal business operations such as auditing, troubleshooting, and improving the Service. The legal bases for processing include performance of a contract, compliance with a legal obligation, the Company’s legitimate interests (for example fraud prevention and product improvement), and, where required, the User’s consent.

4. Data Subject Rights

Where required by applicable law, Users may have the right to request access to, correction of, deletion of, and portability of certain personal information. California residents have specific additional rights under the CCPA/CPRA. Requests should be submitted to michal.bargenda@pgapolska.com. The Company will implement reasonable verification measures before responding to privacy requests to protect account security and prevent fraudulent requests. Where the GDPR applies, Users may also have the right to lodge a complaint with a supervisory authority (for example, the data protection authority where they reside).

5. Sharing and Disclosure

We do not sell personal information. We may disclose personal information to: (i) service providers who process data on our behalf (hosting, payment processing, analytics); (ii) third parties where required by law or legal process; and (iii) successors in the event of a merger, acquisition, or sale of assets, subject to confidentiality protections.

6. Security & Incident Response

We implement administrative, technical, and physical safeguards designed to protect personal information, including encryption in transit and, where appropriate, at rest, access controls, and periodic security testing. In the event of a personal data breach that is likely to result in a risk to the rights and freedoms of individuals, we will notify the applicable supervisory authority and affected data subjects in accordance with applicable law. Where the GDPR applies, the Company will notify the supervisory authority without undue delay and, where feasible, within 72 hours of becoming aware of a notifiable breach. The Company will document any such incidents and the remedial actions taken.

7. Data Retention

We retain personal information for as long as necessary to provide the Service, to comply with legal obligations, to resolve disputes, and to enforce agreements. Operational retention periods vary by data category (for example: account records, billing records, and performance data). Users may request deletion or export of their personal data; verified requests will be processed in accordance with applicable law. For specifics on retention periods by category, contact Customer Service.

8. International Transfers

Although the Service is intended for U.S. Users, data may be stored and processed on infrastructure located in multiple jurisdictions, including the United States and the European Union. Where personal data is transferred from the EEA to a third country, we will rely on an adequacy decision, Standard Contractual Clauses, or another lawful mechanism to ensure appropriate safeguards for the transfer.

9. Children

The Service is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If we become aware that such information has been collected, we will take steps to delete it.

10. How to Exercise Rights & Complaints

To exercise any privacy rights, or for privacy inquiries or complaints, contact: michal.bargenda@pgapolska.com. California residents should indicate they are submitting a request under the CCPA/CPRA and provide verification information. If the GDPR applies, data subjects may lodge a complaint with the relevant supervisory authority (for example, the Polish Data Protection Authority where the controller is based).

11. Changes to this Policy

We may revise this Privacy Policy from time to time. Substantive changes will be posted with an updated effective date. Continued use of the Service after publication of a revised policy constitutes acceptance of the revised policy to the extent permitted by law.

Note: This Privacy Policy is tailored for Users located in the United States. Parfect Performance’s compliance obligations may change if the Service is made available to residents of other jurisdictions in the future.