1. Agreement to These Terms
These Terms of Service ("Terms") are a legal agreement between you and Casp Media LLC ("Birdii," "we," "us," or "our") governing your access to and use of the Birdii mobile app, website, and related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 13 years old to use the Service. By using the Service, you represent that you are 13 or older and that you have the legal capacity to enter into these Terms. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization.
3. Your Account
4. Usernames, Names, and Content
5. Acceptable Use
You agree not to:
We may investigate and take action — including removing content, and suspending or terminating accounts — for conduct we believe violates these Terms or harms the Service or others.
6. User Content and Moderation
You are solely responsible for your User Content and the consequences of posting it. We are not obligated to monitor User Content, but we may review, remove, or restrict any content or account at our discretion, including in response to reports. We provide tools to mute, block, and report other users and content. Removal or moderation decisions may be made without prior notice.
7. Handicap, Scores, and Statistics (Important Disclaimer)
Any handicap figure, scoring estimate, range, statistic, or analytic that Birdii provides is an unofficial estimate calculated from the data you log, for your personal and informational use only. It is not an official Handicap Index and is not issued, endorsed, or administered by the USGA, R&A, or any handicapping authority or golf association, and it must not be relied on for official competition, eligibility, or wagering. Official handicaps are available only through your national handicap system (for example, GHIN in the United States). The accuracy of any estimate depends on the data you enter.
8. Competitions, Games, and Stakes
The Service lets you record on-course games and competitions, including optional "stakes" or wager figures. Any stakes are informational bookkeeping only, shown to participants to track a friendly game. Birdii does not process, hold, transfer, or facilitate any payment, wager, or money, and Birdii is not a gambling, betting, or money-transmission service. You are solely responsible for any actual arrangement between you and other participants and for ensuring it complies with the laws that apply to you. We are not a party to, and are not responsible for, any dispute, payment, or wager between users.
9. AI Coach and Automated Features
The AI coaching feature generates responses using automated systems and third-party AI providers. AI-generated content may be inaccurate, incomplete, or unsuitable, is provided for general informational purposes only, and is not professional golf instruction, medical, legal, financial, or other professional advice. Do not rely on it as a substitute for professional judgment, and do not submit sensitive personal information to it. You use AI features at your own discretion and risk.
10. Communications and Marketing
By creating an account, you agree to receive communications from us, including service and transactional messages and marketing and promotional messages, as described in our Privacy Policy. You can opt out of marketing communications at any time; service and transactional messages are necessary to operate the Service and may continue.
11. Intellectual Property
The Service, including its software, design, text, graphics, logos, and the "Birdii" name and marks, is owned by Casp Media LLC or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use. All rights not expressly granted are reserved.
12. Third-Party Services
The Service integrates and interoperates with third-party services and data (for example, app stores, course data providers, and other providers described in our Privacy Policy). We are not responsible for third-party services, their content, or their availability, and your use of them may be subject to their own terms.
13. Termination
You may stop using the Service and delete your account at any time (Settings → Account → Delete account). We may suspend or terminate your access to the Service, or remove content, at any time and for any reason, including if we believe you have violated these Terms or to protect the Service or others. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute terms) will survive.
14. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR ACCURATE, OR THAT ANY DATA, ESTIMATE, OR AI OUTPUT WILL BE RELIABLE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRDII AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
16. Indemnification
You agree to indemnify and hold harmless Casp Media LLC and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your User Content, your use of the Service, or your violation of these Terms or the rights of any third party.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction over any dispute.
18. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Service after an update takes effect means you accept the revised Terms.
19. Apple App Store — Additional Terms (iOS)
These additional terms apply when you obtain the app through the Apple App Store:
20. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
21. Contact Us
Birdii (Casp Media LLC)
252 NW 29th Street
Floor 9
Miami, FL 33127
United States
Email: info@birdiiapp.com