Terms and Conditions

1. Definitions

For the purposes of these Terms and Conditions:

• "Platform" refers to the Profect Golf website, applications, and all related services accessible at https://profectgolf.com.
• "Company," "We," "Us," or "Our" refers to Profect Golf.
• "User," "You," or "Your" refers to any individual or entity accessing or using the Platform.
• "Professional" or "Pro" refers to golf instructors, coaches, or teaching professionals who subscribe to our services.
• "Client" refers to students or customers of Professionals who use the client portal.
• "Services" refers to all features, tools, and functionality provided through the Platform.
• "Content" refers to any text, images, videos, data, or other materials uploaded, submitted, or displayed on the Platform.
• "Subscription" refers to paid access plans for Professional accounts.

2. Account Registration and Eligibility

2.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using our Services under applicable law
• Provide accurate, current, and complete registration information

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your contact information remains accurate and up-to-date

2.3 Account Types

Professional Accounts: Designed for golf instructors to manage their teaching business. Requires a paid subscription after any applicable trial period.

Client Accounts: Free accounts for students to access their lessons, schedules, and content shared by their Professional.

3. Description of Services

Profect Golf provides a software-as-a-service (SaaS) platform that enables golf teaching professionals to:

• Manage lesson scheduling and availability
• Process payments from clients
• Store and share instructional videos
• Track client progress and maintain records
• Communicate with clients through the platform
• Create and sell lesson packages and bundles
• Generate reports and analytics

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Subscription Plans and Billing

4.1 Subscription Plans

We offer the following subscription plans for Professional accounts:

• Starter Plan: $19.99 per month - Includes up to 15 clients, online booking, client portal, payment tracking, and weather dashboard.
• Pro Plan: $39.99 per month - Includes unlimited clients, all Starter features, video storage (5GB), lesson bundles, and priority support.

4.2 Billing Cycle

Subscriptions are billed on a monthly recurring basis. Your billing cycle begins on the date you subscribe and renews automatically each month on the same date (or the closest available date if the original date does not exist in a given month).

4.3 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on file for the applicable subscription fee.

4.4 Price Changes

We may change subscription prices at any time. Price changes will be communicated to you at least 30 days in advance and will apply to your next billing cycle after the effective date. Your continued use of the Services after a price change constitutes acceptance of the new price.

4.5 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will retain access to paid features until the end of your paid period. No refunds will be provided for partial months or unused time.

4.6 Failed Payments

If payment fails, we will attempt to charge your payment method again. After multiple failed attempts, your account may be downgraded or suspended. You remain responsible for all unpaid fees.

5. Payment Processing

5.1 Payment Processors

We use third-party payment processors (including Stripe and Square) to facilitate payments. By using our payment features, you agree to be bound by the terms and privacy policies of these payment processors in addition to our Terms.

5.2 Professional Payment Collection

Professionals may collect payments from Clients through the Platform. Profect Golf acts as a technology provider and is not a party to transactions between Professionals and Clients. Professionals are solely responsible for:

• Setting their own prices and payment terms
• Issuing refunds to their Clients when appropriate
• Complying with applicable tax laws and reporting requirements
• Resolving payment disputes with their Clients

5.3 Processing Fees

Payment processing fees charged by third-party processors (Stripe, Square) are the responsibility of the Professional. These fees are separate from Profect Golf subscription fees.

5.4 Taxes

You are responsible for paying all applicable taxes associated with your use of the Services and any payments you receive through the Platform. Profect Golf does not provide tax advice and recommends consulting with a tax professional.

6. User Conduct and Responsibilities

6.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Platform for any fraudulent or illegal purpose
• Impersonate any person or entity or misrepresent your affiliation
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to any part of the Platform
• Interfere with or disrupt the integrity or performance of the Platform
• Harvest or collect user information without consent
• Use automated systems to access the Platform without permission
• Engage in any activity that could damage, disable, or impair the Platform
• Use the Platform to send spam or unsolicited communications

6.2 Professional Responsibilities

Professionals using the Platform agree to:

• Provide accurate information about their qualifications and services
• Honor scheduled appointments and commitments to Clients
• Maintain appropriate professional conduct with Clients
• Comply with all applicable professional licensing requirements
• Keep Client information confidential and secure
• Respond to Client inquiries in a timely manner

7. User Content and Intellectual Property

7.1 Your Content

You retain ownership of all Content you upload, submit, or display on the Platform. By uploading Content, you grant Profect Golf a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute your Content solely for the purpose of providing and improving the Services.

7.2 Content Restrictions

You agree not to upload, post, or transmit any Content that:

• Infringes on any intellectual property or proprietary rights
• Is defamatory, obscene, offensive, or inappropriate
• Contains personal information of others without their consent
• Violates any applicable law or regulation
• Contains false or misleading information

7.3 Our Intellectual Property

The Platform, including its design, features, functionality, and all related intellectual property, is owned by Profect Golf and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without our express written permission.

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant us the right to use such feedback without any obligation to you.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our collection and use of your information as described in our Privacy Policy.

We implement reasonable security measures to protect your data, but no method of transmission over the Internet is 100% secure. We cannot guarantee absolute security of your information.

9. Disclaimers and Limitations

9.1 Service Disclaimer

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee

We do not guarantee that:

• The Platform will be uninterrupted, secure, or error-free
• Results obtained from using the Platform will be accurate or reliable
• Any errors in the Platform will be corrected
• The Platform will meet your specific requirements

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFECT GOLF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Platform
• Any unauthorized access to or use of our servers or your data
• Any interruption or cessation of transmission to or from the Platform
• Any bugs, viruses, or other harmful code transmitted through the Platform
• Any errors or omissions in any Content
• The conduct of any third party on the Platform

9.4 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO PROFECT GOLF IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.5 Third-Party Services

The Platform may integrate with or link to third-party services (payment processors, calendar services, etc.). We are not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is at your own risk.

10. Indemnification

You agree to indemnify, defend, and hold harmless Profect Golf, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content uploaded to the Platform
• Any dispute between you and a Client or Professional
• Your negligence or willful misconduct

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your right to use the Platform will immediately cease.

11.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if we believe you have violated these Terms or engaged in conduct that could harm Profect Golf, other users, or third parties. We may also terminate accounts for prolonged inactivity.

11.3 Effect of Termination

Upon termination:

• Your license to use the Platform terminates immediately
• We may delete your account and all associated data
• You remain liable for any fees or obligations incurred before termination
• Sections that by their nature should survive termination will survive (including indemnification, disclaimers, and limitations of liability)

11.4 Data Export

Before terminating your account, you may request an export of your data. We will provide your data in a standard format within a reasonable timeframe, subject to technical feasibility and legal requirements.

12. Dispute Resolution

12.1 Informal Resolution

Before filing a formal dispute, you agree to attempt to resolve any dispute informally by contacting us at profectgolfsupport@gmail.com. We will attempt to resolve the dispute within 30 days.

12.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or your use of the Platform shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.

12.5 Time Limitation

Any claim arising from these Terms or your use of the Platform must be filed within one (1) year after the claim arose, or it will be permanently barred.

13. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email or through the Platform
• Provide at least 30 days' notice before material changes take effect

Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform and terminate your account.

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us: