Performistry

Terms and Conditions

Last updated: December 1, 2025

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://Performistry.online website and the Performistry app (the "Service") operated by Tormac Systems Paweł Staniec ("us", "we", or "our", "Company", "Performistry").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Definitions

For the purposes of these Terms and Conditions:

  • Access Rights: any personalized access rights for the SaaS that have been granted by the Subscriber, an End-User or on behalf of the Subscriber
  • Application: the internet application named Performistry (referred to as either "SaaS", "Service" in this Terms)
  • Affiliate: an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority
  • Company Account: a unique account created for You to access our Service or parts of our Service
  • Content: text, images, comments, notes, or other information that can be posted, uploaded, linked to or otherwise made available by You
  • Device: any device that can access the Service such as a computer, a cellphone or a digital tablet
  • End-Users: Anyone with Access Rights (or "User")
  • Subscriber: The person or legal entity that Performistry account is created for (referred to as either "You" or "Your" in this Terms)
  • Subscriber Data: any data stored by Performistry on behalf of the Subscriber as part of the SaaS, excluding back-ups

2. Acknowledgement

  • These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Performistry.
  • Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions.
  • By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
  • You represent that you are over the age of 18. Performistry does not permit those under 18 to use the Service.
  • Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Performistry.
  • When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times.
  • You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
  • You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

3. Free Trial

  • Performistry may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.
  • You may be required to enter Your billing information in order to sign up for the Free trial.
  • If You do enter Your billing information when signing up for a Free Trial, You will not be charged by Performistry until the Free trial has expired.
  • At any time and without notice, Performistry reserves the right to modify the Terms and Conditions of the Free Trial offer, or cancel such Free trial offer.
  • Performistry reserves the right to terminate a free trial Subscription at any point in time for any or no reason.
  • Performistry may delete Free trial account 60 calendar days after termination with no login, or 90 calendar days after termination with login by administrator.

4. Payment, Billing, Refunds, Upgrading and Downgrading

  • Your subscription to the Service renews automatically for the same term selected upon initial payment unless You cancel it or Performistry cancels it.
  • You may change your subscription term at any time by updating subscription in Your Account in App or contacting Performistry.
  • Should automatic billing fail to occur for any reason, Performistry will issue an electronic invoice indicating that you must proceed manually with the full payment.
  • You shall provide Performistry with accurate and complete billing information.
  • You may cancel Your Subscription renewal either through Your Account settings page or by contacting Performistry.
  • Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Performistry does not accept any liability for such loss.
  • All fees are exclusive of all taxes or duties imposed by governing authorities.

5. Refunds Policy

  • Except when required by law, paid Subscription fees are non-refundable.
  • There will be no refunds or credits for partial months of service or upgrade/downgrade refunds.
  • If at anytime during your first 2 months using our service you are dissatisfied, please contact us.
  • Regarding annual subscriptions, cancellation is allowed only within the first 2 months with the respective refund being the paid amount pertaining to the residual unused months, discounted by a cancellation fee of 15%.
  • You can cancel your monthly/annual subscription even 5 business days after your renewal date, and we will still process your cancellation and give you a full refund.

6. Support

  • Technical support is only provided to paying account holders and is only available via email or chat in app for Owner Account.
  • Performistry will make commercially reasonable efforts to respond to all incoming Support requests within 1-2 Business Days.
  • Availability Performistry at the service level of 99.95% throughout the billing period.
  • You understand that Performistry uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

7. Cancellation and Termination

  • You are solely responsible for the proper cancellation of your subscription.
  • We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
  • Upon termination, Your right to use the Service will cease immediately.
  • In case of termination of Services the Subscriber has the right to download or request Subscriber Content within 30 calendar days after termination.
  • Performistry may delete all Subscriber Content 90 calendar days after termination.

8. Data Ownership and Copyright Policy

  • You own the content created or stored by you.
  • Unless specifically permitted by you, your use of the Services does not grant Performistry the license to use, reproduce, adapt, modify, publish or distribute the content for commercial or marketing purposes.
  • You grant Performistry permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content solely as required for providing the Services to You.
  • Performistry is not responsible for the content of the Service's users.
  • We respect the intellectual property rights of others and respond to claims that Content infringes copyright or other intellectual property.

9. Modification of Services and API

  • Performistry reserves the right to make changes to the Services at any time in an effort to improve the Services.
  • Performistry reserves the right to modify the API at any time with ten (10) days' notice if changes may adversely impact You.
  • The use of API Performistry endpoints may be limited up to 1000 API calls per hour.
  • Performistry uses Third Party Service Providers to operate the Services and does not warrant information provided by them.

10. Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Performistry and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Performistry.

11. Privacy Policy

Subscriber will be the controller, as defined in EU Regulation 2016/679 ('GDPR'), for any personal data processed as part of the Services. Subscriber will request Performistry for a data processing agreement ('DPA') if such personal data is processed by Performistry. Upon such request Performistry will offer Subscriber a DPA that meets all requirements as set out in article 28 GDPR.

12. Limitation of Liability

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF PERFORMISTRY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR 100 USD IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERFORMISTRY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER.

13. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Performistry expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service.

14. Choice of Law and Jurisdiction

  • Any claim, controversy or dispute arising out of or relating to the Terms will be governed by Polish law, without regard to its conflict of law provisions.
  • If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Performistry.
  • If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

15. Miscellaneous

  • Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law.
  • Waiver: The failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter.
  • We reserve the right, at our sole discretion, to modify or replace these Terms at any time with at least 30 days' notice prior to any new terms taking effect.
  • These Terms and Conditions may have been translated. You agree that the original English text shall prevail in the case of a dispute.

Contact Us

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