These Terms are an agreement between you and Fairway Signal LLC (“BirdiePole,” “we,” “us”). They cover BirdiePole.com, the BirdiePole app, our course-camera service and related features (the “Services”). Our Privacy Policy explains our information practices.
Effective as of September 13, 2026
The Services are offered to adults age 18 and older in the United States. By creating an account or accepting these Terms, you confirm that you meet these requirements and have authority to enter this agreement. Do not create an account for a minor or allow another person to use your account to bypass the age restriction.
Provide accurate account information, protect your sign-in credentials and notify support@birdiepole.com of suspected unauthorized access. You are responsible for activity you authorize through your account. Do not impersonate someone or claim recordings that are not yours to access.
BirdiePole uses course equipment and account information to capture, match, process and deliver golf recordings and related round information. Availability depends on participating courses, equipment, network access and enabled features. Not every shot will be captured or successfully matched. Scores and derived measurements may contain errors and should not be treated as official competition results unless independently verified.
Beta features may change, be limited or become unavailable. Social publishing and paid plans may not be available in every build. These Terms do not promise a feature that is not offered. Use the Services safely, follow course rules and do not operate your phone when doing so would endanger anyone.
Some features need location, Bluetooth, notifications or photo-library permission. You may control these permissions; withholding or withdrawing one may prevent the related feature from working. Agreeing to these Terms does not override your device settings or replace a separate permission required by law.
We handle personal information under the Privacy Policy. We may access and process recordings to deliver, support, troubleshoot and improve BirdiePole’s services. We do not sell personal information, individual location or Bluetooth histories, or identifiable recordings to golf industry partners.
As between you and BirdiePole, Fairway Signal LLC is the sole owner of recordings created by BirdiePole’s course-camera service and the associated intellectual property rights, to the extent those rights exist and have been lawfully obtained. This does not give us ownership of your identity, likeness or other personal rights, or override another person’s rights in material appearing in a recording.
For recordings made available to you, we grant you a nonexclusive, royalty-free license to view, download, save and share them for personal, noncommercial purposes, including posting them to your social accounts. You may make ordinary edits to your copy for those purposes, provided you do not misrepresent another person or violate their rights. Lawfully downloaded copies may remain in your possession after account deletion, subject to these use restrictions. Do not sell or commercially license recordings without our written permission.
Recordings remain private within your account unless you explicitly choose to publish or share them. Your instruction permits delivery to the chosen audience or service; it is not blanket permission for BirdiePole to use your footage in advertising. We do not sell or license identifiable recordings to partners for their independent use. Restricted service-provider processing and disclosures required by law are described in the Privacy Policy.
Our ownership does not allow indefinite retention contrary to the Privacy Policy or prevent applicable deletion requests. We will not reuse your identifiable recordings in BirdiePole marketing without separate permission.
You retain the rights you hold in content you independently submit, such as comments, profile material or your own uploaded media. You grant us a limited, nonexclusive license to host, process, reproduce and display that content as needed to provide the features you request, support and improve the Services, and carry out the uses described in the Privacy Policy. This is not a transfer of ownership to us.
If a publishing feature is available and you explicitly publish content, you authorize display to the selected audience. Publish or share only material you have the necessary rights and permissions to use, including permission concerning other people where required. Public content may be copied by others, and we cannot remove copies held independently outside the Services.
We may remove content or restrict accounts that violate these Terms, infringe rights or create safety risks. Do not post unlawful, abusive, sexually exploitative, harassing, threatening or deceptive material; disclose another person’s private information without authority; or evade moderation. Send content, privacy or safety concerns to support@birdiepole.com or privacy@birdiepole.com, including enough detail to locate the relevant material.
“Aggregate Data” means statistics derived from lawful use of the Services that describe groups and cannot reasonably be linked to an individual or household. Aggregate Data does not include identifiable recordings, account identifiers or individual location histories.
Subject to the Privacy Policy, applicable law and required permissions, we may create Aggregate Data about golf activity, scoring and performance. As between you and Fairway Signal LLC, Fairway Signal LLC owns the Aggregate Data it creates and any intellectual property rights in it, to the extent those rights exist.
We may use and provide Aggregate Data to golf industry partners through licensing, sale or partnership agreements for research, benchmarking and product development. These arrangements do not grant partners access to personal golfer records or identifiable videos. We require recipients to maintain the data in non-identifying form and not attempt to identify individuals.
Creating and using qualifying Aggregate Data is part of the Services and is not offered as an optional feature. By accepting these Terms, you acknowledge this described use. Nothing in this section waives a protected privacy right or replaces any consent required for processing personal information. Aggregate Data already made anonymous may be retained and used after your account ends.
If subscriptions or paid features are offered, the purchase screen states the price, billing period, benefits and any trial conditions. Recurring subscriptions renew according to the terms displayed by Apple unless canceled through Apple before renewal. A trial may convert to a paid subscription under the terms shown at purchase.
Apple processes in-app purchases. Manage or cancel an Apple subscription in your Apple account’s subscription settings and request App Store refunds through Apple’s refund process, subject to Apple’s rules and applicable law. Unless the purchase terms or law provide otherwise, cancellation takes effect at the end of the paid period. Contact support@birdiepole.com for help with access or restoration.
Deleting BirdiePole or deleting your account does not cancel your Apple subscription. These Terms do not remove statutory refund rights or alter Apple’s billing obligations.
We and our licensors retain rights in the app, software, branding and other service materials. We grant you a limited, nonexclusive, nontransferable license to use the Services for their intended personal purposes while you comply with these Terms. The app is also subject to Apple’s applicable standard end-user license agreement unless a valid custom agreement applies.
Do not sell access to the Services, bypass access controls, scrape personal records, interfere with equipment, introduce malicious code or reverse engineer the Services except where applicable law permits it. Do not use aggregate information to identify individuals or combine it with personal records for that purpose.
You may stop using the Services and request account deletion in Profile → Delete Account or by contacting privacy@birdiepole.com. The Privacy Policy explains deletion, limited retention and anonymous statistics. We may suspend or terminate access for a material violation, unlawful use or a security risk, and may discontinue a beta service with appropriate notice where required.
Ending an account does not waive obligations already incurred or rights that must survive to operate, including applicable payment, intellectual property, dispute-resolution and lawful retention provisions. It does not preserve a right to use personal information contrary to the Privacy Policy.
Apple, participating courses and destinations you choose for sharing have their own terms and privacy practices. A link does not mean we control or endorse that service. You agree to receive electronic account, service and legal notices where permitted by law. Promotional communications are subject to the choices described in the Privacy Policy.
To the extent permitted by law, the Services are provided “as is” and “as available,” without implied warranties of merchantability, fitness for a particular purpose or noninfringement. We do not guarantee uninterrupted access, error-free measurements or capture and delivery of every shot. Nothing excludes a warranty or duty that cannot lawfully be excluded.
To the extent permitted by law, Fairway Signal LLC and its suppliers are not liable for indirect, incidental, special or consequential losses, including lost profits or data arising from use of the Services. These limitations do not exclude liability or remedies that applicable law does not permit us to exclude, including liability for conduct for which a limitation is prohibited.
To the extent permitted by law, you agree to defend and indemnify Fairway Signal LLC and its personnel against third-party claims arising from your unlawful misuse of the Services, content you submit without necessary rights or a material breach of these Terms, including reasonable legal costs. This does not require you to indemnify us for our own unlawful conduct. We may participate in the defense, and no settlement may impose an obligation on us without our consent.
Please first contact support@birdiepole.com so we can try to resolve a dispute. Except where prohibited by law or where a claim may be brought in small-claims court, unresolved disputes arising from these Terms or the Services will be resolved by binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association under its applicable consumer rules. The location will be mutually agreed or determined under those rules. Fees, remedies and procedures are subject to the applicable rules and nonwaivable law. Judgment on an award may be entered in a court with jurisdiction.
To the extent permitted by law, claims must be brought individually, not as a class, collective or representative action, and may not be consolidated without both parties’ agreement. This provision does not waive nonwaivable rights or remedies, including public injunctive relief where such a waiver is prohibited. Courts decide questions concerning enforceability of this arbitration agreement where applicable law requires it.
Utah law governs these Terms, excluding conflict-of-law rules, except where federal law or mandatory consumer protections apply. For disputes that lawfully proceed in court, the parties consent to courts with jurisdiction in Utah, subject to any mandatory venue rights. No provision restricts your ability to report concerns to a government agency.
We may update these Terms and will provide appropriate notice of material changes. Where acceptance or consent is required, we will obtain it. Updated terms do not by themselves permit an incompatible retroactive use of personal information. We will state the effective date of a published revision.
These Terms, the Privacy Policy and any applicable purchase terms form the agreement concerning the Services. If a provision is unenforceable, the remaining provisions remain effective to the extent allowed by law. A failure to enforce a provision is not a waiver. Nothing creates an employment, agency or joint-venture relationship.
Company: Fairway Signal LLC — BirdiePole
Address: 4497 Wimbledon Drive, Provo, Utah 84604
Support: support@birdiepole.com
Privacy: privacy@birdiepole.com
Telephone: 435-901-4117