These Terms of Service ("Terms") are a legally binding agreement between You Got A Bird, Inc., a Delaware corporation ("Company," "we," "us," or "our"), and you ("User," "you," or "your") governing your access to and use of the You Got A Bird mobile application and website located at www.YouGotABird.com (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. By creating an account, downloading the app, or using the Service in any way, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
By accessing or using the Service, you confirm that you are legally capable of entering into a binding contract, that you have read and understood these Terms, and that you agree to be bound by them. These Terms incorporate our Privacy Policy by reference.
The Service is open to users of all ages. Users under the age of 13 may not create an account or use the Service without verifiable parental or guardian consent, in compliance with the Children's Online Privacy Protection Act (COPPA). We collect your date of birth at account creation to verify eligibility.
Participation in the Hole In One Skill Challenge (Section 6) is restricted to users who are 18 years of age or older. Users under 18 may not submit paid entries or receive prizes.
The Service is available throughout the United States. The Hole In One Skill Challenge is subject to geographic restrictions. See Section 6.6 for excluded jurisdictions.
You may maintain only one account. Duplicate or fraudulent accounts will be terminated.
The Company reserves the right to terminate accounts inactive for more than twelve (12) months, with reasonable prior notice.
3.1 You agree to provide accurate, current, and complete information at registration — including your legal name, email address, date of birth, and phone number — and to keep that information updated.
3.2 You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
3.3 Notify us immediately at support@YouGotABird.com if you suspect any unauthorized use of your account.
3.4 We reserve the right to suspend or terminate accounts found to contain false or misleading information.
Basic app features are available at no charge. Free users may access the Hole In One Skill Challenge at the standard entry fee described in Section 6.
Subscribers receive:
Subscribers receive:
All subscriptions automatically renew at the end of each billing period at the then-current rate unless cancelled before the renewal date. By subscribing, you authorize the Company to charge your payment method on file for each renewal period without further action required by you.
You may cancel your subscription at any time through your in-app account settings or by contacting us at support@YouGotABird.com. Cancellation takes effect at the end of the current billing period. Access to premium features continues through the end of the paid period. No refunds are issued for partial periods.
We reserve the right to change subscription pricing. We will provide at least 30 days' prior notice via email or in-app notification. Continued use after the effective date of a price change constitutes acceptance of the new pricing.
All payments are processed through our third-party payment processor. By providing payment information, you authorize us to charge the fees described herein.
The Service provides golf performance tracking, statistics analysis, and informational tools intended to help users improve their game and track their progress.
Certain states (including California, Illinois, and Florida) require all-party consent for audio/video recording. By using the app's recording feature you consent to being recorded and to ambient audio capture. If others appear in your recording, you are responsible for obtaining their consent before submitting.
The Service includes a feature that allows users to log and track friendly wagers between golfers ("Bet Tracker").
THE BET TRACKER IS A RECORDING AND ORGANIZATIONAL TOOL ONLY. You Got A Bird, Inc. does not facilitate, broker, process, hold, transfer, or participate in any monetary wagers between users. The Company is not a party to any bet, wager, or financial arrangement between users. All financial transactions between users are private matters exclusively between the parties involved. The Company bears no responsibility or liability whatsoever for any wagers, bets, or financial arrangements recorded through the Bet Tracker feature.
Users are responsible for ensuring that any wagering activities comply with applicable laws in their jurisdiction.
The $1,000 prize is guaranteed by the Company regardless of entry volume. Entry fees are not pooled to fund the prize. This fixed-prize structure is essential to the Challenge's classification as a skill contest rather than a lottery or game of chance.
The Hole In One Skill Challenge ("Challenge") is a skill-based contest in which participants attempt to execute a hole in one on a qualifying golf hole. The outcome of the Challenge is determined entirely by the participant's golf skill, precision, judgment of distance, wind, and course conditions. The Challenge is not a lottery, raffle, sweepstakes, or game of chance. By participating, you acknowledge and agree that the Challenge is a skill-based competition.
To enter the Challenge, you must:
The Challenge is only available on holes that meet all of the following criteria:
Attempts submitted from non-qualifying holes will be disqualified without refund.
| Membership Tier | Entry Fee Per Attempt | Prize |
|---|---|---|
| Free | $5.00 | $1,000.00 |
| Monthly Premium ($10/mo) | $3.00 | $1,000.00 |
| Annual Premium ($100/yr) | 1 free attempt/week; $2.00 per additional | $1,000.00 |
To submit a valid Challenge entry, you must use the app's built-in recording feature to capture your golf shot. The recording must:
All submissions are reviewed by the Company's internal verification team. The verification process may take up to 72 hours from time of submission. The Company's determination regarding whether a submission constitutes a valid hole in one is final and binding.
A submission is confirmed as a hole in one when:
Winners will be notified via email and in-app notification. Prize payments of $1,000.00 will be issued via wire transfer within 30 days of verification confirmation. Prizes are funded directly by You Got A Bird, Inc. Winners will be required to provide wire transfer banking information and complete a W-9 form before prize payment is issued.
Entries will be disqualified and entry fees forfeited without refund for any of the following:
The Company reserves the right to investigate suspicious submissions and disqualify entries at its sole discretion.
The Hole In One Skill Challenge is not available in the following states:
Residents of all states listed above may not submit paid Challenge entries. Free app features remain available in all states. The Company will implement geographic controls within the app, but it is each user's responsibility to ensure they are in a participating jurisdiction at the time of submission. Entries submitted from excluded jurisdictions will be disqualified and entry fees refunded at the Company's discretion. The Company reserves the right to modify the list of excluded jurisdictions as applicable laws change, with notice provided through the app.
All prizes are subject to applicable federal, state, and local taxes. You are solely responsible for reporting and paying any taxes on prizes received. The Company will issue an IRS Form 1099-MISC to winners receiving prizes totaling $600 or more in a calendar year as required by law.
The Company may in the future offer enhanced Challenge experiences in partnership with golf courses. Terms applicable to any such partnerships will be disclosed at the time of participation. Partner pricing and prize structures will be clearly disclosed prior to entry.
You retain ownership of videos, photos, and other content you create and submit through the Service ("User Content").
If you are a New York or California resident, you expressly and voluntarily grant the Company the right to use your name, image, likeness, and voice for commercial and promotional purposes as described in Section 7.2, waiving any additional compensation claim under applicable right-of-publicity laws.
By submitting any User Content through the Service — including without limitation Hole In One Skill Challenge videos, shot recordings, profile photos, and in-app content — you grant You Got A Bird, Inc. and its successors, assigns, and sublicensees a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to:
This license applies to both successful hole in one videos and unsuccessful attempt videos, and to content from both free and paid users.
You acknowledge that you will not receive any additional compensation beyond the applicable prize (if any) for the Company's use of your User Content.
To the extent permitted by applicable law, you waive any moral rights or rights of attribution in User Content submitted through the Service.
You represent and warrant that:
Illinois residents: By submitting a Challenge recording, you expressly consent under the Illinois Biometric Information Privacy Act (BIPA, 740 ILCS 14) to the Company's incidental collection of biometric identifiers (e.g., facial geometry) from your video for identity verification and fraud prevention only. Such data is retained no longer than three (3) years after your last interaction and is never sold. If you do not consent, do not submit Challenge recordings.
You agree not to:
The Service may not be used in U.S.-embargoed countries or by persons on the U.S. Treasury's Specially Designated Nationals list or Commerce's Denied Persons List. By using the Service, you represent you are not subject to any such restriction.
The Service, including all software, content, features, functionality, design, and compilation thereof — and including without limitation all trademarks, service marks, trade names, logos, and the technology underlying the Hole In One Skill Challenge — are the exclusive property of You Got A Bird, Inc. or its licensors, protected by U.S. and international copyright, trademark, and patent laws.
Patent rights for the Hole In One Skill Challenge technology are protected under U.S. Patent Application (Attorney Docket No. 111265-000200US-1535369), titled Systems and Methods for Golf Performance Verification and Scoring, assigned to You Got A Bird, Inc. Patent filed by Kilpatrick Townsend & Stockton LLP.
Nothing in these Terms grants you any right, title, or interest in the Company's intellectual property except the limited license to use the Service as described herein.
9a.1 To report copyright infringement, send a notice to our Designated DMCA Agent including: (a) signature of copyright owner or authorized agent; (b) identification of the infringed work; (c) location of the infringing material; (d) your contact information; (e) good faith belief statement; and (f) accuracy statement under penalty of perjury.
9a.2 Counter-notifications may be submitted per 17 U.S.C. §512. Repeat infringers will have their accounts terminated.
Your use of the Service is subject to our Privacy Policy, located at legal.YouGotABird.com/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy, including:
By creating an account and opting in during the registration process, you expressly consent to receive recurring automated and non-automated text messages (SMS/MMS) from You Got A Bird, Inc. at the mobile phone number you provide. These messages may include:
Message frequency varies based on your account activity and Challenge participation. Transactional messages will be sent as needed.
You can opt out of marketing text messages at any time by:
After opting out, you will receive one final confirmation message. If you opt out of marketing messages, you may still receive transactional messages related to your account, subscription, or Challenge participation. To stop all messages, delete your account.
Reply HELP to any message from us for assistance, or contact us at support@YouGotABird.com.
Standard message and data rates may apply depending on your wireless carrier plan. The Company is not responsible for charges from your carrier.
We are not responsible for any delays or failures in message delivery. Carrier support may vary.
Your consent to receive marketing text messages is not required to purchase a subscription or enter the Hole In One Skill Challenge. You may opt out of marketing messages while continuing to use all paid features.
12.1 SERVICE "AS IS." THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 Golf and Physical Activity. The Company is not responsible for any physical injury, property damage, or loss arising from golf activities, whether or not conducted in connection with the Service. Always follow golf safety guidelines and the rules of the golf facility. Participation in golf is at your own risk.
12.3 Accuracy of Statistics. Golf tracking statistics and analytics provided by the Service are for informational and entertainment purposes. We do not warrant the accuracy or completeness of any statistics.
12.4 Service Availability. We do not guarantee that the Service will be available at all times, uninterrupted, or error-free.
12.5 California §1542 Waiver. California residents expressly waive California Civil Code §1542: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU GOT A BIRD, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) $100.00, OR (B) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless You Got A Bird, Inc. and its affiliates, officers, directors, shareholders, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Before initiating arbitration, you must send written notice to support@YouGotABird.com (Subject: "Dispute Notice") describing the claim and relief sought. Parties will attempt good-faith resolution for 30 days before arbitration may be commenced.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in English in Wilmington, Delaware. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ARBITRATION PROVISION SHALL BE NULL AND VOID, AND THE DISPUTE SHALL BE RESOLVED IN COURT.
Either party may bring individual claims in small claims court in lieu of arbitration, if the claim qualifies.
Either party may seek emergency injunctive relief in court to protect intellectual property rights pending arbitration.
Any claim must be brought within one (1) year of the event giving rise to the claim, or it is permanently barred.
Sections 7, 7b, 9, 9a, 12, 13, 14, 15, and 16 survive termination or expiration of these Terms.
15b.1 Apple App Store. This Agreement is between you and You Got A Bird, Inc. only — not Apple, Inc. Apple is not responsible for the app, its content, maintenance, support, or warranty. You may only use the app on Apple-branded devices per Apple's Usage Rules. Apple and its subsidiaries are third-party beneficiaries of these Terms.
15b.2 Google Play. This Agreement is between you and You Got A Bird, Inc. only — not Google LLC.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
We reserve the right to modify these Terms at any time. We will provide notice of material changes through the app and/or by email to your registered address at least 14 days before the changes take effect. Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.
We may suspend or terminate your account and access to the Service at any time, with or without cause, with reasonable notice where practicable. Grounds for immediate termination include: violation of these Terms, fraudulent activity, submission of fraudulent Challenge entries, or conduct harmful to the Company or other users.
You may delete your account at any time through your in-app settings.
Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination — including Sections 7, 9, 13, 14, 15, and 16 — shall survive.
19.1 Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.
19.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
19.3 No Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.
19.4 Assignment. You may not assign your rights under these Terms. The Company may assign its rights to a successor or affiliate.
19.5 Force Majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control.