Terms and Conditions

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 the European Union, you may also use the European Commission’s Online Dispute Resolution (ODR) platform to resolve disputes out of court. The ODR platform is available at https://ec.europa.eu/consumers/odr . Mandatory consumer rights and alternative dispute resolution options available under applicable law 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.