Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the BirdieStack Software platform, website, and related services (collectively, the “Services”) provided by BirdieStack Software (“BirdieStack,” “we,” “us,” or “our”). Please read these Terms carefully before using our Services.

1. Acceptance of Terms

By accessing or using the Services, creating an account, or clicking “I Agree,” you represent that you are at least 18 years of age, have the legal authority to enter into these Terms on behalf of yourself or your organization, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Description of Services

BirdieStack provides a cloud-based event management platform designed for golf outings, fishing tournaments, and other competitive sporting events. The platform includes tools for player registration, sponsor management, volunteer coordination, revenue tracking, planning checklists, and related event administration features. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice where practicable.

3. Accounts & Registration

To access the full functionality of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password confidential and not share account credentials
• Notify us immediately of any unauthorized access to or use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or engage in fraudulent activity. You may not create more than one free account per individual or organization without our written consent.

4. Subscriptions & Billing

Plans and Pricing

BirdieStack offers subscription plans including Club, Pro Season, and Enterprise tiers, as well as pay-per-event options, as described on our Pricing page. All fees are stated in U.S. dollars and are exclusive of applicable taxes unless stated otherwise.

Billing

Subscription fees are billed monthly or annually in advance. By providing a payment method, you authorize us to charge you for all fees incurred. You are responsible for ensuring your payment information is current and accurate. Failure to pay may result in suspension or termination of your account.

Free Trial

We may offer free trial periods for new accounts. At the end of any free trial, your account will automatically convert to a paid subscription unless you cancel before the trial expires. We reserve the right to modify or discontinue free trial offers at any time.

Refunds

Subscription fees are generally non-refundable. If you cancel your subscription, you will retain access to the Services through the end of your current billing period. We may, at our sole discretion, issue pro-rata refunds in exceptional circumstances.

Price Changes

We reserve the right to change our pricing with at least 30 days' notice. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

• Use the Services to violate any applicable local, state, national, or international law or regulation
• Upload, transmit, or distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene
• Collect or harvest personal information about other users without their consent
• Attempt to gain unauthorized access to any part of the Services, other accounts, or related systems
• Reverse engineer, decompile, or disassemble any component of the Services
• Use automated tools, bots, or scrapers to access the Services without our express written permission
• Interfere with or disrupt the integrity, performance, or availability of the Services
• Resell or sublicense access to the Services without our prior written consent
• Use the Services to send unsolicited commercial messages or spam

We reserve the right to investigate and take appropriate action, including suspension or termination of access, for any violation of this section.

6. Your Content & Data

You retain full ownership of all data, content, and information you submit to the Services (“Your Content”), including event details, player rosters, sponsor information, and financial records. By submitting Your Content, you grant BirdieStack a limited, non-exclusive, royalty-free license to store, process, and display Your Content solely as necessary to provide the Services to you.

You are solely responsible for the accuracy, legality, and appropriateness of Your Content, including ensuring you have obtained necessary consents from event participants whose personal information you enter into the platform. You agree to indemnify us for any claims arising from Your Content.

Upon account termination, you may export your data prior to termination. We will retain your data for 60 days after termination to allow for data export, after which it may be permanently deleted, subject to our legal retention obligations.

7. Intellectual Property

The Services, including all software, design, text, graphics, logos, and other content created by BirdieStack, are the exclusive property of BirdieStack Software and are protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to use the BirdieStack name, logo, or other proprietary materials without our express written permission. Any feedback, suggestions, or ideas you provide regarding the Services may be used by us without any obligation to you.

8. Third-Party Services

The Services may integrate with or link to third-party services, including payment processors, email platforms, and calendar applications. Your use of such third-party services is subject to their respective terms and privacy policies. BirdieStack is not responsible for the availability, accuracy, or practices of third-party services, and we disclaim all liability arising from your use of them.

9. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIRDIESTACK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BIRDIESTACK IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless BirdieStack Software and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights, including privacy rights.

12. Termination

Either party may terminate these Terms at any time. You may cancel your account through the account settings page or by contacting support. We may suspend or terminate your access immediately, without prior notice, if we believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or the platform. Upon termination, your right to use the Services ceases immediately, and the provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution

These Terms shall be governed by the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction. The arbitration shall take place in Austin, Texas. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and BirdieStack regarding the Services
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger or acquisition
• Modifications: We may modify these Terms at any time. Material changes will be communicated with at least 14 days' notice. Continued use of the Services constitutes acceptance

15. Contact Us