These Terms of Service ("Terms") are a legal agreement between you ("you," "your," or "User") and Birdie or Better LLC, an Ohio limited liability company ("Birdie or Better," "we," "us," or "our"). These Terms govern your access to and use of the website located at getbirdieorbetter.com and any related services, content, tools, products, applications, and software we make available (collectively, the "Service").
By creating an account, subscribing, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms contain a binding individual arbitration agreement and class action waiver in Section 14. Please read them carefully.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.
The Service is intended for users located in the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws.
You are solely responsible for determining whether your use of the Service, including any participation in daily fantasy sports ("DFS") contests or sports wagering activities conducted through third-party platforms, complies with the laws of your state, province, or country. The Service is not available where prohibited by law.
2. Description of the Service
Birdie or Better provides sports analytics, statistical research, projections, fantasy sports lineup tools, educational content, and related digital information products, primarily focused on professional golf. The Service is provided for informational, educational, and entertainment purposes only.
The Service is NOT:
- A sportsbook, bookmaker, casino, or licensed gambling operator
- A platform that accepts, places, brokers, escrows, or facilitates wagers of any kind
- A registered investment advisor or financial advisor
- A licensed legal, tax, or accounting service
- A guarantee, prediction, or assurance of any specific outcome, result, or financial gain
We do not handle, hold, or transmit any wagers or stakes. Any decision to participate in DFS contests, sports betting, or any other activity based on information from the Service is made solely by you, at your own risk, and through third-party platforms whose terms govern those activities.
3. Account Registration
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as needed
- Keep your password and login credentials confidential
- Notify us immediately of any unauthorized access or use
- Be responsible for all activity that occurs under your account
You may not share your account, transfer your account to another person, or allow more than one person to use a single account. We reserve the right to suspend or terminate accounts that we reasonably believe are being shared or misused.
4. Subscriptions, Billing, and Cancellation
4.1 Subscription Plans
The Service may be offered on a subscription basis, with various plans and pricing tiers as displayed on our website. By subscribing, you authorize us (and our payment processor) to charge the applicable fees to your designated payment method.
4.2 Auto-Renewal
Subscriptions automatically renew at the end of each billing period (e.g., monthly or annually) at the then-current rate, unless you cancel before the renewal date. By subscribing, you authorize recurring charges to your payment method.
4.3 Cancellation
You may cancel your subscription at any time through your account settings or by contacting us at support@getbirdieorbetter.com. Cancellation takes effect at the end of the current billing period. You will continue to have access to the Service through the end of the period for which you have paid.
4.4 Refund Policy
All fees are non-refundable, except where required by applicable law. Because the Service consists of time-sensitive analytical content delivered immediately upon purchase or release, we do not offer refunds, prorations, or credits for partial billing periods, unused subscription time, or content you have not used. We may, in our sole discretion, offer refunds in exceptional circumstances; doing so does not obligate us to issue future refunds.
4.5 Price Changes
We reserve the right to change subscription prices. We will provide reasonable advance notice of any price increase, and the new price will apply to your next renewal. Continued use of the Service after a price change constitutes acceptance of the new pricing.
4.6 Failed Payments
If a charge is declined, we may suspend or terminate your access until payment is successfully processed. You are responsible for keeping your payment information current.
4.7 Payment Processor
Payments are processed by Stripe, Inc. By providing payment information, you also agree to Stripe's terms of service. We do not store full payment card numbers on our systems.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law
- Resell, redistribute, republish, or commercially exploit any content from the Service without our prior written consent
- Share, post, or display Service content publicly (including in paid Discord servers, Telegram channels, social media, or other communities) in a manner that displaces a paid subscription
- Scrape, crawl, harvest, or use automated means to extract data from the Service
- Reverse engineer, decompile, or attempt to derive source code from any software provided by the Service
- Use the Service to develop a competing product
- Circumvent paywalls, rate limits, geographic restrictions, or other access controls
- Submit false, misleading, or fraudulent information
- Interfere with the security or integrity of the Service or any user's account
- Use the Service in a way that could harm minors
We reserve the right to investigate and take appropriate action against any violation, including suspending or terminating accounts and pursuing legal remedies.
6. Intellectual Property
6.1 Our Content
All content, features, and functionality of the Service — including text, graphics, logos, projections, models, statistical analyses, software, and the overall "look and feel" — are owned by Birdie or Better LLC or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.
6.2 Limited License to You
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use during your active subscription. This license terminates when your subscription ends.
6.3 Reservation of Rights
All rights not expressly granted are reserved. Nothing in these Terms transfers any ownership rights in the Service to you.
6.4 Feedback
If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation to you.
7. Third-Party Data and Services
The Service may incorporate or reference data, statistics, odds, or content provided by third parties, including data providers, sportsbooks, daily fantasy operators, professional sports organizations, and other sources. We do not control, endorse, or guarantee the accuracy, completeness, or timeliness of any third-party information, and we are not responsible for any errors, omissions, or delays.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
WITHOUT LIMITING THE FOREGOING:
- No Guarantee of Results. We do not guarantee any specific outcome, win rate, return on investment, or financial result from your use of the Service. Past performance does not predict future performance.
- No Investment or Financial Advice. Nothing in the Service constitutes investment, financial, tax, legal, or accounting advice. Consult a qualified professional before making any financial decision.
- No Gambling Advice for Prohibited Jurisdictions. Information provided by the Service is not intended to encourage, induce, or facilitate gambling activity that is unlawful in the user's jurisdiction. You are solely responsible for ensuring your activities are legal where you reside.
- Errors and Inaccuracies. Statistics, projections, and analyses may contain errors or be based on incomplete information. We do not warrant the accuracy, completeness, or timeliness of any content.
- Service Availability. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIRDIE OR BETTER LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, GAMBLING LOSSES, OR DFS CONTEST LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Birdie or Better LLC, its members, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) any DFS, sports betting, or wagering activity you engage in based on information from the Service.
11. Termination
We may suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, including if we believe you have violated these Terms. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination (including Sections 6, 8, 9, 10, 14, and 15) will survive.
You may terminate your account at any time by canceling your subscription and ceasing use of the Service.
12. Changes to the Service
We reserve the right to modify, suspend, or discontinue all or any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation.
13. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice (such as by email or by posting on the website). Continued use of the Service after the effective date of revised Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Service.
14. Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully. It affects your legal rights.
14.1 Informal Resolution
Before filing any claim, you agree to first contact us at support@getbirdieorbetter.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within sixty (60) days.
14.2 Binding Arbitration
If the dispute is not resolved informally, you and Birdie or Better LLC agree to resolve any disputes arising out of or related to these Terms or the Service through final and binding individual arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Stark County, Ohio, or by remote/telephonic hearing as the arbitrator may direct.
14.3 Class Action Waiver
YOU AND BIRDIE OR BETTER LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
14.4 Exceptions
Notwithstanding the foregoing, either party may (a) bring an individual claim in small claims court, or (b) seek injunctive or equitable relief in court to protect intellectual property rights.
14.5 30-Day Right to Opt Out
You have the right to opt out of the arbitration agreement and class action waiver within thirty (30) days of first accepting these Terms by sending written notice to support@getbirdieorbetter.com with the subject line "Arbitration Opt-Out." Your notice must include your name, account email, and a clear statement that you wish to opt out.
15. Governing Law and Venue
These Terms are governed by the laws of the State of Ohio, without regard to its conflict of laws principles. Subject to Section 14, any judicial action permitted under these Terms must be brought exclusively in the state or federal courts located in Stark County, Ohio, and you consent to the personal jurisdiction of those courts.
16. DMCA Copyright Policy
We respect intellectual property rights. If you believe content on the Service infringes your copyright, you may submit a DMCA takedown notice to our designated agent at support@getbirdieorbetter.com containing:
- Identification of the copyrighted work claimed to have been infringed
- Identification of the allegedly infringing material and its location
- Your contact information (name, address, phone, email)
- A statement that you have a good-faith belief that use is not authorized
- A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner
- Your physical or electronic signature
We may remove or disable access to allegedly infringing content and terminate accounts of repeat infringers.
17. Miscellaneous
Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Birdie or Better LLC regarding the Service.
Severability. If any provision is found to be unenforceable, the remaining provisions will remain in full effect.
No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
Force Majeure. We are not liable for any failure or delay in performance due to causes beyond our reasonable control.
Headings. Section headings are for convenience only and do not affect interpretation.
18. Contact
Questions about these Terms? Contact us at:
Birdie or Better LLC
6545 Market Ave. North, Ste 100
Canton, OH 44721
Email: support@getbirdieorbetter.com